Environmental Issues - Wisconsin REALTORS® Association

Transcription

Protecting Homes
Lead-safe renovations and carbon
monoxide alarms.
May 2010
$5.00
Shoreland Zoning
What property owners should know
about new zoning standards.
MAGAZINE
exploring
Environmental
Issues
What’s YOUR Company Doing For You?
The More You Learn,
The More You Earn.
TM
At RE/MAX University, you receive the training to
THRIVE, not just survive, in today’s challenging market.
RE/MAX University offers:
• The most extensive on-demand collection of video-based training in real estate
• Training when and where you want it... your TV, mobile device or computer
• 24/7 access to more than 1,200 educational videos
• Hundreds of hours of programming on foreclosures, short sales
and other distressed properties
• More than 30 designation and certification courses
• Extensive training on buying, selling and marketing strategies
• HD broadcast quality video
Why not make “RE/MAX University”
YOUR source for learning and earning.
Contact your local RE/MAX office TODAY, to
put the industry’s top training to work for you.
Interested in a RE/MAX Franchise?
Check out the 8 Minutes with RE/MAX video at…
SoldSignBlog.com
800.878.8138
Outstanding Agents. Outstanding Results.
RE/MAX
NORTH
CENTRAL
table of contents
may
features
6
The top 10 things property owners and REALTORS
should know about Wisconsin’s new shoreland zoning
standards.
®
Protecting Wisconsin Homes and Families
12
3-Bedroom, 2-Bath with Hardwood Floors and
Meth Lab
14
23
Learn the ins and outs of lead-safe renovations and
carbon monoxide alarms.
Recently proposed legislation requires sellers to
disclose whether or not methamphetamine production
has taken place on the premises.
24
vol.
26, no. 8
articles
New Shoreland Zoning Regulations
10
2010 |
26
28
Best of the Legal Hotline
From nitrates in water to underground storage tanks,
environmental questions are addressed.
Renewing Commitment to Homeownership
Looking for ways to stir enthusiasm now that the
homebuyer tax credit has expired? This month’s
sales tip offers one solution.
Which Party Will Control the Wisconsin Legislature?
With 14 key districts in the balance, the state’s fall
elections could have far-reaching implications.
Pier Grandfathering Deadline Is Approaching
Waterfront property owners with larger, existing piers
should take notice: just one year remains.
Inside the Wisconsin Way: Part 2
A closer look at the plan to restore Wisconsin
prosperity, with a focus on tax reform and
modernization.
news.wra.org
1
News
inside the wra
with bill malkasian
Top News Stories in and Around the Industry
substantially increase funding for rental assistance,
United Way Honors the Stark Family
Wisconsin Receives Millions to Ease
particularly help for working families.
for Service
to
Foreclosure
Crisis
Returning to Wisconsin, the WRA board
ach month, I have a chance to sit down with the WRA
Milwaukee Business Journal (WI) (09/30/08)
Community
of directors met April 30. We focused on
editor to write my column. Together, we reflect on
United Way of Dane County
NAR
Releases Free FHA Toolkit
The state
of industry
Wisconsinover
is due
receive nearly
$39
the mid-year
budget, and I am pleased to
what has taken place
in the
thetopast
E
Wisconsin REALTORS® Association (10/30/08)
in federal
funds toupstabilize
United Way of Dane
C
o u nand
t ywhat million
say that we are
on the mark both in terms of
month,
of interest
is coming
in the neighborhoods
and stave off a spate of abandoned homes. According
recognized the Stark future.
FamilyThis
with
the I’d
2008
membership and
income
We to
made
month,
like to personally
welcome our new editor,
NAR
and the projections.
WRA are eager
help you meet the
to HUD and Gov. Jim Doyle, the funds are separate
Tocqueville Society Award for outstanding service
some major revisions
to
our
investments
and
oureconomy. We
Vanessa Merina. It is fitting that we wrote our first column together
current challenges of the troubled
from approximately $9.2 million the government is
to the Dane County community and United Way.
expenses
are
in
line
as
well.
Bottom
line:
we
are
in
on
Earth
Day,
April
22,
as
this
issue
of
the
magazine
focuses
on
awarding the city of Milwaukee, where the foreclosure
The Tocqueville Society Award celebrates and
know that you need resources that can help you
good the
overall condition.
the environment,
areas
impact9.9
us percent.
as real HUD
estateis awarding
rate isthat
currently
acknowledges people or families,
such as thespecifically
Starks,
close transactions, and you need them at little or no
professionals.
Insideofthis
you will
viafind:
its Neighborhood Stabilization Program,
who have made a major impact
on the quality
lifeissue,funds
Looking ahead,
onNAR
May has
11 just
we will
release
first quarter
cost.
released
an all-new
FHA Toolkit
under which almost $4 billion is being allocated to
in Dane County through their exceptional service
2010
housing
numbers.
I
feel
comfortable
saying
•
An
example
of
the
new
shoreland
zoning
requirements;
online for FREE to help you get clients the that
financing
local and state governments for the redevelopment
commitment to the community.
Billand
Malkasian
these will be better
than 2009’s numbers, and we will work
of
abandoned
and
foreclosed
houses.
they need in a credit-strapped environment. It is
WRA President
•
Lead-safe renovations and new carbon monoxide rules;
City Housing Authority Receives
Not legislation
Just for Personal
100-Unit Grant • Examination of recentlySites:
proposed
regarding
Milwaukee Journal Sentinel (09/25/08)
Pabst,
Georgia
Connections
Anymore
methamphetamine disclosure;
with media throughout the state to promote our findings.
one of the most comprehensive toolkits NAR has
Finally, as we ever
moveproduced,
into June,and
theit’s
WRA
will start
preparing
the ®
available
to all
REALTORS
budget. With
behind
us, there
still also
much
to
rightlots
nowofbywork
visiting
the link
below.isThey
have
Minneapolis-St. Paul Business Journal (09/29/08)new
Grayson,
The city of Milwaukee’s housing authority is due
be done. I looklaunched
forwardato
updating
you“NAR
on our
progress.
• The second installmentKatharine
on The Wisconsin Way, a
new
page called
Helps
You Navigate
to receive $6.7 million in federal Hope VI money
collaborative
effort
theMinn.-based
way we tax,
spend ®and
St. Paul,
REALTOR
Teresa Boardman
to build 100 new housing units.
The 100 units
willto improve
invest
in will
Wisconsin.
says Flickr, Facebook and other social networking
be constructed in a 2.5-mile area
and
include
sites make it easy to meet people who might
29 public housing and affordable rental units;
education, we areeventually
featuringbecome
some upcoming
GREEN
clients. While
many professionals
nine affordable housingSwitching
units for toincome-eligible
Sincerely,
courses,
including
a
2-day
green
course
August
18-19
andbusiness
a
are
using
these
sites
to
make
contacts
families; and 62 moderately priced, open-market
Green Residential
20. If you are
this business,
and companies
useinthem
to conduct background
condominiums. HUD Secretary
Steven C. Elective
Preston on August
checks
orissue
recruit
workers,
many simply want
comments, “Milwaukee’sit ishousing
authority
has what
important
to understand
a big
thisnew
is for
all of us.
to connect with people who have similar interests.
demonstrated it has the leadership to lead and
In other
to remind to
everyone
that December
Boardman,
“The hard sell is dead. It
revitalize neighborhoods
and education
transformnews,
lives.I’d likeAccording
14 isand
the grow
last day
renew
license.work
The door-to-door,
WRA offers four
andways
it doesn’t Bill
work on
Cities like Milwaukee change
andtoneed
to yourdoesn’t
social live,
networks.”
On Flickr,
Boardman
connected
revitalize housing to make
many your
aren’tCE
priced
to sure
complete
requirements:
self-study,
DVD and
on
out.” Milwaukee is onedemand.
of a half-dozen
housing
with more
a fellow
who eventually used her
I encourage
you to learn
byphotographer
going to http://www.
authorities nationwide wra.org/CE.
to receive new Hope VI
services to purchase a home.
grants.
Foreclosures
Speaking of the association, there
are a number ofPush
items Rents
I’d like toHigher,
Housing Study Delay
Frustrates
Squeezing
Income
Families
update
you on: To begin with, the
LegislatureLow
has just
completed
Radio (MN)
(09/21/08)
Advocates
its session, and I am happy toMinnesota
say that Public
we came
out with
manyOlson, Dan
Milwaukee Journal Sentinel (10/07/08)
successes.Williams,
You willScott
be hearing more about these in the near future.
In Minnesota’s Twin Cities, a wave of home
Two years after promising the Milwaukee metro
foreclosures has pushed more people into the rental
Also,
I in
willthree
be decades,
traveling with
approximately
70 result
Wisconsin
area’s first major housing
study
apartment
sector. The
is an intensifying
®
REALTORS
to Washington,
duringon
theMinneapolis
week of May
Here rental housing
the Southeastern Wisconsin
Regional
Planning D.C.demand
and10.
St. Paul’s
a short
list of what
on our agenda:
Commission (SEWRPC) isis still
struggling
to getisthe
stock, so much so that the vacancy rate is very low
effort launched. Proponents hope the study will
and rents are on the rise. This, in turn, means low• May
12: we’ll
be visiting
our working
Congressional
serve as a catalyst for improving
affordable
housing
income
families Delegation
face higher monthly rents
issuesBut
of importance
to our their
industry.
opportunities throughout thediscussing
city’s suburbs.
even though
income hovers at unchanging
commissioners have yet to assemble an advisory
levels. Since 2005, the Twin Cities apartment
May or
15:set
there
will be a national
board of directors meeting
committee to oversee the•research
a specific
vacancy rate has dipped from 7 percent to closer to
in which
weEvenson,
will come together
with
leadersmonthly
throughout
theover that same
timetable for conducting the survey.
Phil
4 percent. Average
rents
country
talkissues
about important
questions
and challenges
the commission’s executive director,
said to
other
time span
are up more
than $25, rising to more
beforehave
us. frustrated
keep getting in the way. The delays
than $850. The St. Paul-based Wilder Foundation
housing advocates the most. Bethany Sanchez,
recently reviewed income data for several Twin Cities
vice president of the Metropolitan Milwaukee Fair
counties. The organization’s research found that the
Housing Council, laments, “It’s been a long time
number of people in those markets paying too much
coming.” The Pewaukee-based commission has
for their rental housing will double from around
not conducted a comprehensive review of housing
70,000 currently to a whopping 140,000 by 2010.
patterns since the 1970s.
Some say a partial solution would be for the U.S.
government to reverse course on housing policy and
2
2
wisconsin real estate magazine
||
may 2010
october 2009
the Current Economy” where you can find dozens of
great products and resources, like the FHA Toolkit,
for free or at a steep discount. Visit www.Realtor.
org/NARHelpsYou for links to these great programs
and products.
Home Loans Going Strong, Albeit a
Bit Tighter, in Area
Wisconsin State Journal (10/17/08) Balousek, Marv
Despite the ongoing national credit crisis, property
professionals say mortgage money remains available
throughout southern Wisconsin to home buyers
with solid credit. Ron Steinhofer, manager of
Marshall & Ilsley Bank’s regional home lending
group, states, “There’s plenty of money for home
loans out there. It is slightly more difficult to qualify
than two or three years ago, but if you have a good
credit score, a good job and a down payment, money
is available.” Steinhofer adds that banks still are
making loans via such programs as Fannie Mae
and Freddie Mac. Furthermore, credit standards
remain about the same as they were six months ago,
meaning that qualified home buyers can get loans
if they have the proper income verification. On the
downside, banks have been less willing to make
loans with higher loan-to-value ratios. In addition,
conventional financing without a down payment has
indeed disappeared. However, 100 percent financing
is still available with Veterans Administration and
Rural Development home loans.
news.wra.org
news.wra.org
Real Estate
Wisconsin Real Estate Magazine™ is published
by the WISCONSIN REALTORS® ASSOCIATION.
Trademark issued pursuant to Wisconsin state statute; federal
trademark is pending.
notes from the wra
John Flor, ABR, CRS, e-PRO, GRI, RRS, Chairman
[email protected]
WRA Distinguished Service Award Applications Now Available
John Horning, Chairman-Elect
[email protected]
The Wisconsin REALTORS® Association established The Distinguished
Service Award at the January 1985 Board of Directors meeting. The
purpose of the award is to recognize REALTORS® who have provided
many years of leadership and distinguished service to the Wisconsin
REALTORS® Association. Robert Keefe, Treasurer
[email protected]
William E. Malkasian, cae, President
[email protected]
All current members, local association executives and employees of the
Wisconsin REALTORS® Association with at least 5 years membership or
employment are eligible. The application deadline is June 30, 2010.
Editorial Staff:
William E. Malkasian
Applications are available on the WRA website at: http://www.wra.org/inside_wra/DSA_criteria.htm
Publisher
Robert Uhrina
Managing Editor
REALTOR® Magazine’s Good Neighbor Awards Seek Entries
Vanessa Merina
Publication Editor
The National Association of REALTORS® is now accepting applications
for the 11th annual REALTOR® Magazine Good Neighbor Awards. The
awards recognize REALTORS® for their commitment to volunteer
service.
Joe Leschisin
Senior Designer
Wisconsin Real Estate Magazine, USPS 597-850, ISSN 1548-0526, is
published monthly by the WISCONSIN REALTORS® ASSOCIATION, 4801 Forest
Run Road, Ste. 201, Madison, WI 53704. Periodical postage paid in Madison,
WI and additional mailing offices. An annual subscription rate of $5 is included in
membership dues and a copy is mailed to every paid REALTOR® and affiliate member
of the association. Nonmember subscription rate: $60. POSTMASTER: please send
address changes to the WISCONSIN REALTORS® ASSOCIATION, 4801 Forest Run
Rd., Ste. 201, Madison WI 53704-7337.
The five winners will be announced in November in REALTOR®
Magazine. Each winner will be recognized at the 2010 REALTORS®
Conference & Expo in New Orleans and receive travel expenses to the
conference, national media exposure for his or her community cause,
and a $10,000 grant for the charity. In addition to the winners, five
honorable mentions will each receive a $2,500 grant.
Permission to reprint or quote any material from this issue is hereby granted,
provided the Wisconsin Real Estate Magazine is given proper credit in all
articles or commentaries, and the WISCONSIN REALTORS® ASSOCIATION is provided
with a copy of any reprint.
Good Neighbor Awards entries must be received by Friday, May 21,
2010. For more details and a nomination form, call 1-800-874-6500
or visit www.REALTOR.org/gna.
Advertising of third party products and services herein does not imply endorsement
by the WRA unless specifically stated. Furthermore, the WRA does not endorse,
approve, or otherwise warrant the accuracy or legality of any information or content
contained in advertisements. Any questions regarding advertising policies should be
directed toward the editor.
REALTORS® Tax Credit Campaign Delivers Message to Consumers
Campaign wrap-up reports show consumers got the message when the WRA embarked upon a 10-month,
$223,000 campaign to promote the industry’s biggest housing tax credit of our decade.
Contact Us:
4801 Forest Run Rd., Suite 201
Madison, WI, 53704-7337
(608) 241-2047 • (800) 279-1972
The campaign kicked off in June 2009 and was extended by the REALTORS® group in December 2009 to
promote both the extension of the $8,000 first-time home buyer’s tax credit and the $6,500 homebuyer tax
credit targeted at existing homeowners.
legal hotline: (608) 242-2296 • (800) 799-4468
general fax: (608) 241-2901
products/education fax: (608) 241-5168
legal hotline fax: (608) 242-2279
The second half of the campaign targeted statewide radio, web, traditional PR, downloadable media, online
video and social media components. Statewide radio accounted for 9,990,000 impressions across 68 stations
in Wisconsin. 15 spots aired per week over nine weeks for a total of 9,180 spots.
WisconsinHomebuyer.org, the central hub for generating awareness, received 11,415 “unique” visitors. 86%
of them were from new visitors, demonstrating strong continued interest over time. Web banner ads enjoyed
similar results with a Click Thru Rate (CTR) of 0.11%, more than twice the industry average (.02-.05% AVG).
Social media landed 766 Facebook fans and 440 Twitter followers. On Facebook, the fan page was visited
11,652 times and received nearly 120 interactions. Online alone, the campaign garnered more than two million
impressions.
facebook: www.facebook.com/wisconsinrealtors
twitter: www.twitter.com/wirealtors
linked-in: www.wra.org/linkedin
youtube: www.wra.org/youtube
3
|
may 2010
3
Chairman’s Corner
John Flor
ABR, CRS, GRI, RRS, and e-PRO
H
ello again, REALTORS®. As I sit here and
write this column, the sun is shining,
the ice is off the lake and the grass
is greening up. Unfortunately, May has also
brought the end of the Homebuyer Tax Credit
that has been keeping many of you busy around
the state. As you have probably already figured
out, the tax credit is not going to be extended
again, so it is time for real estate around the
country to sink or swim without the help of
the government. I am hoping that historically
low interest rates, motivated sellers and a great
selection of properties will still keep the buyers
coming to closing table.
One thing that continues to amaze me is
the resilience and positive attitude that our
REALTORS®, especially in Wisconsin, are
showing through these tough times. Even though
our numbers have thinned and the market is
not recovering as quickly as we would like, the
majority of you continue to look forward to the
future with enthusiasm and hope. I must say
that your positive attitudes are refreshing to see
and will help all of us weather these difficult and
changing times in real estate. Keep up the great
work.
As things continue to change in the real estate
industry, I wanted to point out a new program that
the federal government just enacted. It is called
the Home Affordable Foreclosure Alternatives
program or HAFA. It was enacted on April 5th
and is intended to streamline the short sale and
deed in lieu of foreclosure process. I think we all
realize that foreclosures are going to remain a big
part of what we are dealing with for the next few
years, so I recommend you get familiar with this
new opportunity. This program will hopefully
make our jobs much easier in the area of short sale
negotiation and third party bank acceptance. You
can find plenty of information on the REALTOR.
org website, and we published an article about it
in your March issue of the Wisconsin Real Estate
Magazine.
be a highly charged and active election season
and I encourage each and every one of you to
get involved. I get the feeling our members are
going to be more interested and more educated on
the issues and people that are running for office
than they have been in years. As we get closer to
election season, we will be talking to you about
candidates that are good for real estate and your
business.
Currently, Bill Malkasian, John Horning (our
incoming Chairman) and I are traveling the
state conducting focus groups with younger
REALTORS®. We expect to hear a variety of
input from our more youthful members on
subjects like: Association involvement, politics,
communicating with the membership and how
to deliver educational products in the best and
most efficient way possible. I will make sure to
update you on the outcome of those meetings as
they progress.
Finally, in May many of us will be converging upon
Washington D.C. for the National Association
of REALTORS® mid-year meetings. If you have
never attended, I recommend that you add it
to your to-do list soon. These meetings are a
great opportunity to meet with our Senators and
Representatives to discuss REALTOR® issues on
a national level. In addition, it is a time to meet
and discuss our Wisconsin issues with the leaders
of NAR, through committee involvement and the
NAR Board of Directors meeting. I look forward
to seeing many of you there.
Even though the tax credits have come to an end,
keep up the hard work, positive attitudes and
don’t forget to show your REALTOR® Pride every
day.
John R. Flor
In Madison, the legislative season has wrapped
up and things are now turning toward election
politics. As you all know, this will most likely
4
|
may 2010
news.wra.org
REALTOR NEWSWIRE
®
Green Tool Kit Helps Professionals
Determine Home’s Energy Efficiency
Facebook, Social Media Changing
Real Estate Business
Frederick News-Post (MD) (04/20/10) Waters Jr., Ed
Peoria Journal Star (IL) (04/19/10) Anandwala, Riya V.
Realty Times (04/16/10) Zeller, Dirk
The National Association of REALTORS® recently
rolled out its Green MLS Tool Kit, a collection
of guidelines and resources intended for use
by property agents, builders, appraisers, and
other industry insiders. Not only are real estate
professionals becoming educated in the areas of
energy efficiency and environmental impact as they
pertain to building materials, residential design, and
other aspects of their industry, but today’s Multiple
Listing Service (MLS) formats now can support data
on related features and amenities – including Energy
Star appliances and efficient cooling and heating
systems. Steve Seawright, a Maryland builder
who helped develop the kit, said, “Though not the
quick fix that builders and buyers of ‘green’ homes
would like to see for the continuing problem of too
many appraisers inadequately valuing the ‘green’
attributes of homes, the Green MLS Tool Kit will
prove invaluable for having provided a road map that
facilitates MLS systems across the land, collecting
and reporting the data on home listings that will
help home buyers, sellers, REALTORS®, builders
and, especially, appraisers fully recognize and value
the economic benefits of ‘green’ home construction.”
The number of home buyers searching for properties
online surged to 90 percent in 2009 from just 2
percent in 1995, according to National Association of
REALTORS® spokesperson Michelle Wardlaw. These
days, most real estate agents market themselves
and their listings on a personal Web site and
communicate with clients through text messages.
Others are taking their business onto social media
sites, such as Twitter and Facebook, with Adam
Merrick of Keller Williams Realty in Illinois handling
15 to 20 transactions via Facebook last year.
Although technology is providing more options for
agents to obtain new business and market listings,
some still rely somewhat on face-to-face contact
with clients, yard signs, and newspaper adds.
Real estate agents would be wise to weigh the pros
and cons of working for firms of different sizes and
types. Those who choose to work at a large firm
benefit from a long history and good reputation in
the local market and a hefty share of the market’s
business. But while they might receive top-notch
training during their first weeks, they will have to
compete with hundreds of agents for the manager’s
attention later on. Small firms are very different
from one another when it comes to agent numbers
and other features, so it is in a realty practitioner’s
best interest to determine the brokerage’s longterm vision, niche, and compensation structure
before signing on to ensure that these elements
meet their personal goals. REALTORS® considering
boutique firms with fewer than 20 agents are more
specialized and niche-oriented than small firms and
target high-end markets, meaning they are suitable
for new agents only if quality training and a chance
to work under the principle broker are offered. They
also should understand that independent real estate
firms are disappearing as firms with national brands
become more popular. The business practices of
these franchise firms vary even among those with
the same brand name in the same market area,
making it important for REALTORS® to research
their options before making a decision.
Developing a Need for WHEDA
Kenosha News (WI) (04/20/10) Olson, Matthew
The lack of private financing for real estate
development has highlighted low-income tax
credit projects from the Wisconsin Housing and
Economic Development Authority (WHEDA).
Housing developments in the state that include at
least some units for low-income residents can apply
for WHEDA tax credits. An applicant must agree
to maintain a project for 30 years with either 20
percent of the units rented to residents below 50
percent of the county’s median income or 40 percent
of units for tenants whose income does not exceed
60 percent of the county’s median income standards.
The state agency has received 42 applications for
these credits in 2010. City officials in Kenosha,
Wis., believe the recent influx in these proposals is
likely influenced by the lack of funding options for
developers. “Given what we hear about banks being
very picky in lending money, if you’re able to get an
outside funding source, that seems to be the only
thing working to get from point A to point B,” says
Brian Wilke, Kenosha’s development coordinator.
Bosman says most of the city’s recent large housing
projects include WHEDA funding. “The only projects
that we’re seeing are these government-assisted
projects,” he notes.
No Place Like Homes
Wausau Daily Herald (WI) (04/17/10) Imrie, Robert
Wisconsin real estate agents in the Wausau area are
hoping that a surge in March home sales spells the
beginning of an upturn in the market. Real estate
agents sold 111 homes in the Wausau area in March,
the most in that month since 2007, providing some
evidence of a recovery. Along with the federal tax
credits offered as incentives to stimulate home
sales, lower prices, especially on homes worth more
than $300,000 may have contributed to the uptick.
“I know there were happy REALTORS® in the first
quarter,” says Paula Hall, executive officer of the
Central Wisconsin Board of REALTORS®. Ron Zahrt,
president of First Weber Group, predicts April sales
will be up from a year ago, and May and June could
be up, too. “I think there is definitely more consumer
confidence,” Zahrt says. Evidence of growing
consumer confidence includes a 22.5 percent
increase in March in report sales for the department
store Kohl’s, compared with a year ago, along with a
10.3 percent increase for Target’s sales. Randy Cray,
director of the Central Wisconsin Economic Research
Bureau at the University of Wisconsin-Stevens
Point, says the housing tax credits have worked
to shore up the industry but it’s too soon to say
whether the first-quarter rebound can be sustained.
“We have yet to see any signs that the labor market
is improving greatly. You would want to start to see
the number of people being hired start going up and
the unemployment rate going down,” he said. “There
is a lot that has to be repaired before everybody
feels that we are on firm ground.” Rob Rybarczyk,
president of Coldwell Banker Action in Wausau,
notes that last week his company 22 accepted offers
on homes compared with just eight during the same
week a year ago. “It is a buyer’s market,” Rybarczyk
says. “It is not going to reverse itself right away.”
Comparing Different Kinds of
Agencies
Clearly Independent
Realtor (04/10) Vol. 43, No. 4, P. 8; Freedman, Robert
The federal government is taking steps to clear
up misunderstandings about the independent
contractor classification for tax, insurance, and
healthcare purposes. The Obama administration’s
fiscal 2011 budget calls for audits of 6,000 businesses
to determine whether employees are misclassified as
independent contractors, and legislation introduced
by Sen. John Kerry (D-Mass.) and Rep. Jim
McDermott (D-Wash.) would clarify the definition
of independent contractors. Enhanced enforcement
efforts likely will not affect real estate, as “sales
associates’ status as independent contractors is
very well defined in law and laid out very simply,”
according to J.D. Rinehart, vice-chair of the National
Association of REALTORS® Federal Taxation
Committee. Sec. 3508 of the Internal Revenue Code
says real estate brokers must hire sales associates
with valid real estate licenses, inform them of their
status as independent contractors, and have them
acknowledge that they will be paid on a commission
basis. Rinehart says brokers should review their
hiring procedures and forms and ensure that sales
associates retain documentation of business-related
expenses to prove that they, and not the broker,
covered those costs.
REALTOR® Newswire is a monthly news service prepared exclusively for the Wisconsin REALTORS® Association by Information, Inc. Reproduction, use, or inclusion of this material in other publications, products, services or
Web sites is not allowed without prior written permission from the Wisconsin REALTORS® Association.
|
may 2010
5
The Top 10 Things REALTORS® Should Know About the
new shoreland
6
by Tom Larson
I
n December, the Wisconsin Department of Natural
Resources (DNR) adopted new changes to the state’s shoreland
zoning regulations (NR 115). Counties have until January 1, 2012,
to update their local shoreland zoning ordinances to bring them into
compliance with these new standards.
These new changes attempt to better protect water quality, wildlife
and natural scenic beauty around our water resources by placing
stricter standards on new development and construction near our
waterways. Because these new changes could impact a prospective
buyer’s ability to improve or expand waterfront property, REALTORS®
should familiarize themselves with the changes.
Background
Because the state shoreland regulations
had not been updated in over 25 years, the
DNR believed it was necessary to modify
them due to increased development in
shoreland areas and growing complaints
about existing standards from both
property owners and local governments.
The revision process took over 7 years,
with the DNR conducting approximately
30 public hearings and receiving over
50,000 public comments.
In 1966, Wisconsin adopted shoreland
zoning
regulations
to
control
development along lakes and rivers
in unincorporated areas and any area
annexed or incorporated after 1982.
Generally, these state regulations provide
minimum standards for lot sizes, how far
structures are set back from the water’s
edge, and limits on removing trees and
plants near the shoreline. Each county in
Wisconsin (except Milwaukee County) is
required to adopt and enforce shoreland
zoning regulations that meet or exceed
the state standards.
The final version of the regulations
contains significant changes to the prior
version. Counties have until January
2012 to update their shoreland zoning
ordinances to meet or exceed the new
state standards. Over the next two
years, almost every county in the state
will be revising their shoreland zoning
ordinances. Accordingly, REALTORS®
should work closely with their local
counties to make sure the new shoreland
zoning ordinances balance the need to
protect our natural resources and the
rights of property owners.
While many people believe that shoreland
zoning regulations apply only to property
adjacent to waterways, the regulations
actually apply to all land within 1,000 feet
of a lake, pond or flowage, and land within
300 feet of a stream or river. This means
that all property within this shoreland
zone is subject to the regulations even if
the property is separated from the water
by land, buildings or roadways.
zoning regulations
|
may 2010
7
The Top 10 Changes to the State Shoreland Zoning Regulations
The revised shoreland zoning regulations contain many new provisions. Again, it is important
to remember that these are only minimum standards and counties have the authority to adopt more
restrictive standards if they wish. Here are the 10 new changes to shoreland zoning that will likely have
the biggest impact on property owners and REALTORS®:
1
1. New impervious surface standards will limit the size
of new homes and remodeling projects within 300 feet
of the water.
For new construction and existing homes looking to expand
within 300 feet of the water, no more than 15% of the lot (within
300 feet of the water) can be covered in impervious surfaces
(concrete, black top, footprint of structure, etc.). This includes
roof tops, sidewalks, driveways, patios, and any other surface
that will not allow water to infiltrate the ground. The impervious
surface limit is raised to 30% of the lot if the property owner
meets mitigation standards established by the county. (Note:
this provision is triggered only when an existing structure
is expanded or replaced.) Any mitigation measures must be
proportional to the amount and impacts of the impervious
surface being permitted.
If an existing home exceeds the 15% or 30% impervious surface
standards, the home is effectively grandfathered and will not be
required to be brought into compliance with the new standards.
In addition, a property owner may reconfigure existing
impervious surfaces (e.g., move a sidewalk from the east side to
the west side of the house) without performing mitigation.
Example – On a typical 10,000-square-foot lot (65’x154’),
no more than 30% of the lot can be covered with impervious
surfaces (with mitigation). This means that only 3,000 square
feet of impervious surface is allowed. If you assume that the
average driveway is 200 square feet (25’x8’), this means that
you have 2,800 square feet to build a house, garage, driveway,
patio and other impervious surfaces. (Note: a driveway, patio
and sidewalk can be pervious if designed using the appropriate
materials. However, these materials can be expensive.)
2
2. Unlimited maintenance and repair of ALL
nonconforming structures is allowed.
The new regulations eliminate the 50% rule, which limited repairs
and expansions of nonconforming structures to 50% of the
assessed value of the property during the life of the property. (A
nonconforming structure is a structure that is not in compliance
with one or more current zoning regulations (e.g., the seventyfive-foot building set back from the water)). This is a very
important change for property owners who were often prevented
from performing routine maintenance or minor expansions under
the old regulations. Under the new regulations, nonconforming
8
|
may 2010
structures are allowed to be maintained and repaired without any
limits on the amount or value of maintenance and repair work.
3
3. Homes located between 35 feet and 75 feet from the
water can be expanded.
The new regulations also allow nonconforming structures located
between 35 feet and 75 feet of the ordinary high water mark
(OHWM) to be expanded if they meet certain requirements. If
the property owner wants to expand the structure behind a 75foot setback, the property owner may do so as long as he/she
satisfies the impervious surface limit requirements. In addition,
these homes may be expanded vertically (not horizontally) if
the following requirements are met: (a) the vertical expansion
is no higher than 35 feet; (b) the expansion is no closer to the
water; (c) the expansion does not exceed the 30% impervious
surface limit; and (d) the property owner agrees to perform
mitigation, as determined by the county. Also, these homes may
be expanded horizontally if: (a) there is not a “compliant building
location” (at least 30 feet deep and meets setback requirements)
on the property; (b) the expansion is no closer to the water; (c)
mitigation requirements are met; and (d) the expansion does not
exceed 30% impervious surface limit.
4
4. Homes located closer than 35 feet from the water
cannot be expanded.
The new rule prohibits any expansion (vertical or horizontal) if
the home or structure is located within 35 feet of the water. By
prohibiting any expansion of these structures, the rule effectively
requires the house to be torn down and rebuilt behind the setback
if the property owner wants to increase the size of the home.
5
5. New mitigation requirements are triggered when
setback and impervious surface standards are not met.
Property owners must perform mitigation if they want to
exceed the 15 percent impervious surface standard or expand
nonconforming structures closer than 75 feet from the water.
(See above.) All mitigation must be proportional to the
anticipated impacts of the project. Mitigation standards will be
established by the counties, but must meet goals established by
the DNR including controlling rainfall runoff to the maximum
extent practicable. Mitigation activities may include restoring
a natural vegetative buffer along the shoreline, removing an
accessory structure near the water, etc.
news.wra.org
8
8. Most existing substandard lots are grandfathered.
6
6. Mitigation plans must be recorded with the local register
of deeds and disclosed.
Property owners who agree to perform mitigation must record the
mitigation plan with the local register of deeds. This means that
the mitigation requirements will run with the land and will be
applicable to future property owners as well. Because the mitigation
requirements could impact a prospective buyer’s decision to purchase
the property, a seller who has agreed to mitigation should disclose
this information to prospective buyers. To assist in this disclosure
effort, the real estate condition report will be amended to include
this information.
7
7. New vegetation and removal requirements will create
smaller views to water for some larger lots.
Within 35 feet of the water, vegetation can be selectively removed
or pruned only within a designated “view and access corridor.”
Property owners may have a “view and access corridor” equal to 30
feet for every 100 feet of frontage, with a maximum of 200 feet.
The limits on tree removal are very similar to current law, but will be
more restrictive for large lots with more than 660 feet of frontage.
(Note: this provision is triggered when nonconforming structures are
expanded or when conforming structures are expanded/replaced and
the impervious surface standards are exceeded). Vegetation cannot
be removed outside the view access corridor, except in cases where
exotic or invasive species need to be removed. Also, the law does
not place any restrictions on vegetation removal further than 35 feet
from the water.
|
may 2010
The new law grandfathers most existing substandard lots as long as
the lots (a) met the lot-size requirements at the time the lots were
recorded, and (b) have not been replatted, merged or combined in
any way with adjacent lots. (Note: the lots must still meet all other
applicable requirements in the county’s ordinance (e.g., impervious
surface standards)). This is a very important provision because
some counties have treated small waterfront lots as unbuildable if
the lots do not meet the current lot-size requirements in the existing
ordinance.
9
9. A nonconforming structure may be completely replaced
or relocated under some circumstances.
A nonconforming structure may be replaced (torn down and rebuilt),
if (a) no other compliant building location is available on the property
to build a house of comparable size; (b) the structure is at least 35 feet
from the water; (c) the replacement structure is no closer to the water;
(d) mitigation requirements are met; and (e) all other requirements
in the ordinance are met.
10
10. Setbacks may be reduced under certain circumstances.
The 75-foot setback may be reduced (i.e., buildings can be built closer
than 75 feet to the water) if “an existing development pattern exists.”
The new law defines “existing development pattern” as the location
of “existing principle structures within 250 feet of the proposed
structure in both directions.” This is an important provision to
protect the views for properties located on developed lakes and
rivers, where neighboring houses are already built closer to the water.
For more information on the new shoreland zoning regulations,
please visit the DNR’s website at http://dnr.wi.gov/org/water/wm/
dsfm/shore/news.htm or contact Tom Larson ([email protected]) at
(608) 240-8254.
Tom Larson is Director of Regulatory and Legislative Affairs for the WRA.
9
legal
Protecting Wisconsin Homes and Families:
Lead-Safe Renovations and Carbon Monoxide Alarms
By debbi conrad
Lead-Safe Renovations
Many homes and apartments built before 1978 have lead paint or varnish
on the walls, woodwork, windows and floors. In homes built before 1950
there is a greater chance the paint contains lead. Lead can harm children.
Children under six years old can easily be poisoned by dust or chips from
lead paint. If they play near windows and other places with worn-out or
damaged paint, they can get lead dust on their fingers and toys. When
children swallow lead dust it can cause illness and lifelong learning
disabilities and behavioral problems.
This serious danger first led to the lead-based paint disclosure rules that
apply when a property built before 1978 is sold or rented, and now has
led to the Lead-Based Paint Renovation, Repair and Painting (RRP) rule.
Beginning April 22, 2010, renovation work, repairs and painting activities
will be regulated when performed for compensation in a dwelling or childoccupied facility built before 1978 and it disturbs 6 square feet or more
of paint per room, 20 square feet or more of exterior paint, or involves
windows. This includes rental property owners, management companies,
painters, carpenters, plumbers, etc.
Is this a state or federal rule?
Wisconsin’s RRP rule in Wis. Admin. Code ch. DHS 163 is administered
and enforced by the Wisconsin Department of Health Services (DHS).
Wisconsin’s rule is based on the EPA rule. On October 20, 2009 the EPA
authorized the DHS to administer and enforce the state rule in lieu of
EPA administering and enforcing the federal rule in Wisconsin.
What training and certification are required to conduct regulated
activities in pre-1978 housing and child-occupied facilities?
Every regulated project requires at least one certified Lead-Safe Renovator
to ensure compliance with the regulation, train uncertified workers
and conduct final cleaning verification. This person must complete an
accredited 1-day Lead-Safe Renovation training course and apply to
the DHS for a Lead-Safe Renovator certification. For a list of approved
trainers, visit www.dhs.wi.gov/lead/Training/index.htm.
10
|
may 2010
Does the RRP rule apply to homeowners conducting remodeling
activities on their own single-family residence?
No. The rule does not apply if the home is occupied solely by the owner
and the owner’s immediate family. If an owner hires a contractor to
perform renovation, repair or painting work on a pre-1978 home, then
training and certification is required.
How is LBP defined?
The Wisconsin threshold at which paint is defined as LBP is lower than
the EPA standard. Wisconsin defines LBP as 0.7 mg/cm2 lead in dried
film of paint or 0.06% lead by weight (600 ppm). The EPA defines LBP
as 1.0 mg/cm2 lead or 0.5% lead by weight (5,000 ppm). The DHS will
recognize paint test kits that detect lead to Wisconsin standards, but
there currently are no Wisconsin-recognized test kits available.
How does the RRP rule affect rental property owners?
Rental property owners who conduct renovation, repair or painting
activities on their rental properties or who have employees who do this
work must comply with the RRP rule. By April 22, 2010, a rental property
owner or a property management company must become a certified LeadSafe Company or hire only certified companies to do paint-disturbing
work covered under the RRP regulation. The owner or management
company must have at least one Certified Lead-Safe Renovator on staff
or hire a Certified Lead-Safe Company that has a Certified Lead-Safe
Renovator.
Property maintenance personnel and renovators who are not trained in
lead-safe work practices risk exposing themselves and occupants to lead
at the job site and exposing their own families by bringing lead dust home
on their work clothes.
How do I find out more information on the RRP rule?
Visit http://www.dhs.wi.gov/lead/RenovatorRule/index.htm or see the
NAR Lead Paint Renovation Rule Compliance Guide (includes Webinars,
videos, FAQs and more) at http://www.realtor.org/government_affairs/
lead_paint_main.
news.wra.org
Carbon Monoxide Alarms
You can’t see or smell carbon monoxide, but at high levels it is extremely
hazardous and can kill a person in minutes. Carbon monoxide (CO)
can be produced from the incomplete burning of fuels such as gasoline,
kerosene, natural gas, oil, charcoal or wood. If appliances that burn fuel
are maintained and used properly, the amount of CO produced is usually
not dangerous. However, if appliances are not working properly, are
poorly vented or are used incorrectly, dangerous levels of CO can result.
Enclosed garages can be quickly engulfed in CO if automobiles are left
idling inside. Hundreds of people die accidentally every year from CO
poisoning caused by malfunctioning or improperly used furnaces, water
heaters, gas stoves and other fuel-burning appliances.
CO is the most common cause of fatal poisonings. It’s strongly
recommended that all homes be equipped with a CO detector. CO
detectors function similarly to smoke detectors and are available at most
hardware stores.
Wis. Stat. § 101.149 requires the installation of CO alarms in most
residential buildings with three or more units that have fuel-burning
appliances. The types of residential buildings subject to this law include
tourist rooming houses (cabins), bed and breakfast establishments, and
any public building used for sleeping or lodging, such as hotels, motels,
condominiums, apartment buildings, dormitories, fraternities, sororities,
convents, seminaries, jails, prisons, home shelters and community-based
residential facilities. Hospitals and nursing homes are not included. Fuelburning appliances include stoves, ovens, grills, clothes dryers, furnaces,
boilers, water heaters, heaters and fireplaces.
The law required installation of CO alarms in most new residential
construction beginning October 1, 2008; these alarms must be
interconnected and continuously powered by the building’s electrical
service and have a battery backup. For residential buildings existing prior
to October 1, 2008, CO alarms were to be installed by April 1, 2010 in
buildings with any type of fuel burning appliances. There is no mandatory
type of power source for the alarms in these buildings, thereby permitting
batteries, electrical outlet plug-ins or wiring to the building’s electrical
service. Omission of CO alarms is allowed provided there are no attached
garages, and there are no fuel-burning appliances or all fuel burning
appliances are “sealed combustion” and are under warranty or annually
inspected for CO emissions. For example, no CO alarms are needed if the
building has electric heat and appliances and no attached garages.
The owner of a residential building shall install a CO detector in all of the
following places:
1.
In the basement of the building if there is a fuel-burning appliance
in the basement.
2.
Within 15 feet of each sleeping area of a unit that has a fuel-burning
appliance (e.g., gas stove or fireplace). “Sleeping area” means the area
of the unit in which the bedrooms or sleeping rooms are located.
Bedrooms or sleeping rooms separated by another use area such as
a kitchen or living room are separate sleeping areas but bedrooms or
sleeping rooms separated by a bathroom are not separate sleeping
areas.
3.
Within 15 feet of each sleeping area of a unit that is immediately
adjacent to a unit on the same floor that has a fuel-burning appliance.
|
may 2010
4.
Not more than 75 feet from the fuel-burning appliance in each room
that has a fuel-burning appliance and that is not used as a sleeping
area (kitchen, living room, mechanical room, etc.).
5.
In the hallway within 75 feet of the door to a unit that has a fuelburning appliance (in each hallway leading from the unit), except
that if there is no electrical outlet within this distance, the CO
detector shall be placed at the closest available electrical outlet in
the hallway.
If a unit is not part of a multi-unit building, the owner need not install
more than one CO detector in the unit.
The owner of a residential building shall reasonably maintain every
CO detector in the residential building in the manner specified in the
instructions for the CO detector. An occupant of a unit in a residential
building may give the owner written notice that a CO detector in the
building is not functional or has been removed by a person other than the
occupant. The owner must repair or replace the nonfunctional or missing
carbon monoxide detector within 5 days after receipt of the notice.
The recently-enacted Wis. Stat. § 101.647 will require CO detectors
in ALL dwellings that have fuel-burning appliances, a fireplace or an
attached garage effective February 1, 2011. This affects both existing and
newly constructed owner-occupied or rented single-family or two-family
dwellings. See “New Law Will Require Carbon Monoxide Detectors in All
Homes” in the April 2010 edition of the Wisconsin Real Estate Magazine,
online at http://www.news.wra.org/story.asp?a=1302.
For additional information, see the DHS Carbon Monoxide fact sheet at
http://dhs.wi.gov/eh/ChemFS/fs/CO.htm and the CO alarms brochure at
http://commerce.wi.gov/sb/docs/SB-PubCarbMonoBroch209.pdf
Debbi Conrad is Senior Attorney and Director of Legal Affairs for the WRA.
11
legal
3-Bedroom, 2-Bath
with Hardwood Floors
and Meth Lab
By cori lamont
In today’s real estate practice, environmental issues like asbestos, mold and radon have become commonplace
discussions. Recently, however, the term “meth lab” has been creeping more and more frequently into the world of
real estate. According to the Wisconsin Department of Justice, the incidence of methamphetamine (meth) production is
relatively low in Wisconsin when compared to other states; but it is on the rise.
Meth is a man-made amphetamine, produced and sold illegally in the
form of pills, powder or chunks. Common street names for meth include
“speed,” “crank,” “ice,” “glass” and “crystal.” Homemade meth is produced
in makeshift labs set up in homes, apartments, hotel rooms, mobile homes
or other buildings. Although the ingredients used to produce meth are
readily available, many of the chemicals used in the “cooking” process can
be harmful. Short-term exposure to high concentrations of chemical vapors
in a functioning meth lab can cause severe health problems or even death.
For this reason, meth “cookers,” their families, and first responders are at
highest risk of acute health effects including lung damage and chemical
burns to different parts of the body. Unsuspecting people can also touch
residues of meth and have symptoms similar to those experienced by meth
users.
The “cooking” process to make meth may release toxic gases and hazardous
waste materials in the lab and throughout the building. There have been
reported cases of illness resulting from lab residue and some reports of
structural property damage have been documented. This contamination
12
|
may 2010
needs to be cleaned up, and any sanitation, electrical and other safety
hazards must be addressed. The Department of Public Health recommends
that environmental companies that specialize in hazardous material
cleanup undertake any meth lab remediation.
Once the main chemicals related to the former lab have been removed, the
health department is typically called in to assess the property for hazards
and long-term exposure risks from residual chemicals. The Department
of Natural Resources may also be called in to assess any environmental
impacts from chemical spills or improper waste disposal. When listing
a property that has been used to manufacture meth, the broker should
see if any reports from these agencies are available to use as a disclosure
document. There are no pre-determined, acceptable levels of cleanup inside
a building or home for the many chemicals associated with meth labs.
Thus, testing can be done after cleanup, but at this time the Department of
Health and Family Services does not recommend it.
Due to the rising concerns relating to meth labs in Wisconsin real
estate, a bill has been proposed that would require residential sellers and
news.wra.org
landlords to make specific disclosures regarding the manufacturing of
methamphetamine on the property. On March 11, 2010, Assembly Bill 836
was introduced, proposing the modification of two state statutes to include
such disclosures: Wis. Stat. § 704 and Wis. Stat. § 709.
The proposed change to Wis. Stat. Chapter 709, Disclosure by Owners of
Residential Real Estate, would include an additional item to the Real Estate
Condition Report (RECR). The RECR is required of sellers of properties
that contain one-to-four dwelling units, subject to certain exceptions.
The additional item, 17m, would be included to read, “I am aware that
methamphetamine has been manufactured on the property.”
Wis. Stat. Chapter 704, Landlord and Tenant, would create the new
subchapter of § 704.47. The language of 704.47 would read: “Disclosure
of methamphetamine manufacture (1) If a landlord of residential rental
property is aware that methamphetamine has been manufactured at any
time on the rental property, before entering into any rental agreement with
a prospective tenant of the rental property or before the commencement
of any periodic tenancy or tenancy at will with respect to the rental
property, the landlord shall disclose to the prospective tenant in writing
that methamphetamine was manufactured on the property. (2) If the rental
property contains more than one dwelling unit, the landlord is required to
provide the disclosure under sub. (1) Only to a prospective tenant of the
dwelling unit in which the methamphetamine was manufactured.”
The disclosure would be required on the RECR and tenancies and rental
agreements as of the effective date established in the bill. A property owner
who has furnished an RECR to a buyer before the effective date would not
need to amend the RECR to add this disclosure. The bill was not passed this
legislative session, but will be revisited in January 2011.
of Wisconsin
The following are signs that meth may have been manufactured in a property:
•
Yellow discoloration on walls and other surfaces.
•
Taped-off fire detectors.
•
Symptoms such as burning eyes, an itchy throat or a metallic taste in
the mouth while in the property.
•
Strong odors similar to solvent, cat urine or ammonia.
•
Presence of security cameras or other surveillance equipment.
If the seller does not disclose the property’s history, REALTORS® should
generally disclose the current or prior presence of a meth lab on the
premises as information suggesting the possibility of a material adverse
fact and recommend that the parties obtain expert assistance to inspect
or investigate. The broker can contact local law enforcement or the health
department. The property could be tested.
For additional resources regarding meth lab clean up and identification, see:
•
The “Cleaning Up Hazardous Chemicals Meth Labs” fact sheet at
www.dhfs.state.wi.us/eh/ChemFS/fs/MethClnUp.htm
•
The Minnesota Department of Health at www.health.state.mn.us/
divs/eh/meth
•
The National Association of REALTORS®’ “Field Guide to Meth Labs”
at www.realtor.org/libweb.nsf/pages/fg324
Cori Lamont is Director of Brokerage Regulation and Licensing for the WRA.
|
may 2010
THE NATIONS LARGEST PROVIDER
OF WORKING CAPITAL FOR REAL
ESTATE PROFESSIONALS
OVER $300,000,000 ADVANCED
NO CREDIT CHECK
SIMPLE APPLICATION
All you need is a signed contract with no
contingencies except financing. We do business
with real estate agents throughout Wisconsin.
Local Office... Personal Service
CALL US NOW!
262-798-3820
www.commissionexpress.com
Affiliate Member: NAR, WRA and
®
Greater Milwaukee Association of REALTORS
Official Registered Supplier for Realty Executives International
13
legal
best of the legal hotline
with tracy rucka
The following questions have been recently submitted to the
Wisconsin REALTORS® Association in regard to important
environmental issues.
Nitrates in the Water
Chinese Drywall
The broker has heard reports that there are remediation
standards for homes containing Chinese drywall. How can a
homeowner know if there is defective drywall and what are the
recommendations for remediation?
In January 2010, the United States Department of Housing
and Urban Development (HUD) and the U.S. Consumer
Product Safety Commission (CPSC) issued guidance for
identifying problem drywall in homes. Signs to look for
include the blackening of copper electrical wiring and/
or air conditioning evaporator coils, and the installation
of new drywall between 2001 and 2008. Chinese
drywall often creates a sulfur, or rotten egg, smell in the
home. The full guidelines are available online at http://
portal.hud.gov/portal/page/portal/HUD/documents/
InterimIDGuidance012810.pdf.
In April 2010, HUD and the CPSC issued interim remediation
guidance for homeowners attempting to rid their properties
of problems resulting from installation of defective drywall.
The interim protocol recommends that consumers remove
all possible problem drywall form the home. In addition,
homeowners should replace electrical components and
wiring, gas service piping, fire suppression sprinkler
systems, smoke alarms and carbon monoxide alarms.
The Drywall Information Center web site at http://
www.cpsc.gov/info/drywall/index.html has been created
to assist homeowners with health and safety resources.
More information about Chinese drywall is available in
the August 2009 Legal Update, “Environmental Concerns
2009,” at http://www.wra.org/legal/Legal_Updates/pdf/2009/
August2009LU.pdf.
14
|
may 2010
The offer to purchase included the Addendum B standard safe water test
contingency (for Coliform/E. coli only). Although the plumber who was hired by
the sellers was told to test for only Coliform/E. coli, he made a mistake and had
the nitrate level tested as well. The test results came back bacteriologically safe,
however the nitrate level was over 15 parts per million (over the 10 parts per
million recommended by the EPA). The broker assumes that the sellers will now
need to disclose this to the buyer since it is now a known defect. However, if the
buyer requests it, do the sellers then have the responsibility to remedy the issue
since it was unknown at the time the offer was written? Or, since the issue was
not part of the original offer, would it be the buyer’s responsibility?
Wis. Stat. § 709.035 requires the sellers to amend the Real Estate Condition
Report (RECR) prior to the acceptance of a contract if the sellers obtain
information or become aware of any condition that would change a response
on their RECR. The sellers may choose to attach a copy of an inspection report
or test results to the RECR to accomplish disclosure for future transactions. If
the sellers amend the RECR for this transaction, it would give the buyer the
right to rescind the offer to purchase.
If the seller does not amend the RECR, the broker in the transaction has a
duty to disclose material adverse facts to the parties, in writing and in a timely
manner. If the sellers fail to make complete disclosure, the licensee is required
to disclose the material adverse facts revealed in the inspection report. The
broker may refer to Legal Update 02.12, online at www.wra.org/LU0212, or
ZipForm for a sample material adverse fact disclosure letter.
The presence of the higher nitrate level may be treated as a mutual mistake of
fact because neither party apparently was aware of this at the time the offer
was written and accepted. When both parties are mistaken as to a basic factual
assumption on which the contract was made and the mistake has a material
effect on their performances, the contract is voidable by the party adversely
affected. Under this theory, both parties must have been mistaken. A mistake
by only one of the parties makes a contract voidable only if the party who
causes the mistake has reason to know the other party is proceeding based on
that mistake. The mistake must be based upon a past or present fact.
For additional information and resources, see the April/May 2008 Legal
update, “Addendum B Revisions: Wells and POWTS,” at www.wra.org/LU0804
and the Department of Natural Resources information at http://dnr.wi.gov/
org/water/dwg/priweltp.htm.
news.wra.org
Underground Storage Tank
The broker is working with a seller who, the broker believes, took out an underground
storage tank (UST) without using a certified tank remover. The broker is going to have
the sellers disclose this to the potential buyer. What are the ramifications for the new
owners if the prior owner didn’t properly remove the UST?
An out-ofservice UST used for storing heating oil or an out-of-service UST of
1,100 gallons or less used for storing motor fuel for noncommercial purposes
is required by Wisconsin law to be registered and closed (usually removed) by a
certified tank professional. According to the Department of Commerce (DComm),
which administers the UST regulations, the best thing to do if an abandoned UST
is discovered is to call a certified tank remover. The certified UST remover can give
estimates for the work needed to be done to comply with the UST regulations,
handle the notifications and paperwork required, remove and properly dispose
of the UST and generally see that the job is done properly. If the UST is removed
without complying with the UST regulations, licensees will generally be obligated
to disclose this fact to all parties pursuant to Wis. Admin. Code § RL 24.07(2), and
buyer financing may be jeopardized without expert confirmation that there was
no leakage or contamination from the improperly removed UST.
The DCOMM UST Closure page (http://commerce.wi.gov/ER/ER-BSTClosure.html) includes the following information about the implications
of self help removal and transfer of property:
Abandoned Wells
I was not aware of the rules and had my tank removed by a contractor who
is not certified. What do I need to do to satisfy the requirements?
The broker has a property with a well in a shed that is no
longer used. The seller has disclosed this in the Real Estate
Condition Report (RECR). What must she do to have the
abandoned well closed?
“The remover must complete the Removal Checklist (ERS-8951) and the
owner must complete the tank inventory form (ERS-7437). Both forms
must be submitted to Commerce along with a letter explaining the
circumstances. Upon review of all information submitted, Commerce
will determine if the removal and documentation are satisfactory. A
site assessment may be ordered to satisfy the closure, in the case where
it would not have been required if procedures under the rule had been
complied with.”
Abandoned wells can pose a threat to ground water quality
and safety and must therefore be properly closed. According
to the DNR, when a well is removed from service it must be
removed/closed. The abandonment of the well, not the sale,
triggers the necessity to remove the well. The abandonment
procedures are set forth in Wis. Admin. Code chapter NR
814. Although the DNR does not mandate abandonment
before sale, local ordinances may contain this requirement.
The broker may refer the parties to the local municipality to
determine if the wells must be abandoned before the sale of
the property.
More DNR information about well abandonment may
be viewed at http://dnr.wi.gov/org/water/dwg/Forms/
wellabandonment.pdf and http://www.dnr.state.wi.us/org/
water/dwg/wellaba.htm. Additional information is available
on pages 4-5 of the April 2008 Legal Update, “Addendum B
Revisions: Wells and POWTS,” at www.wra.org/LU0804 and
Legal Update 02.10, “Drinking Water and Wells,” online at
www.wra.org/LU0210.
|
may 2010
What is a closure “site assessment”?
“Soil samples from the tank bed are collected by a Certified Site
Assessor following Wisconsin DNR protocol. The results of soil sample
analysis will determine if further investigation of site contamination is
necessary.”
I purchased property with an out-of-service UST. Since I have never used
the tank, am I responsible for having to close the tank now? Will I be held
responsible for any contamination that may be present?
“The property owner of record at the time the noncompliance becomes
a regulatory issue is responsible for compliance and environmental
remediation. Legal action against the previous owner by the current
owner may be an option to recover costs.”
See http://commerce.wi.gov/ER/ER-BST-Closure.html and http://
commerce.wi.gov/ER/ER-BST-ResTk.html for further information.
15
legal
Asbestos
The home inspector indicates that the insulation in the attic appears to be
vermiculite and tells the buyer that the EPA Web site states that if there is
vermiculite insulation in a home it should be assumed to contain asbestos. The
buyer requests that the seller pay for the insulation to be tested and, if found to
contain asbestos, that the seller pay to remove the asbestos. What is the seller’s
legal obligation and, if this deal falls through, what—if anything—is the seller
obligated to disclose?
Asbestos cannot be identified simply by looking at it unless it is labeled, so
the only way to know for sure is to get a sample analyzed. Generally, only
Radon Testing
asbestos material that is damaged or will be disturbed need be tested.
The buyer was told that a radon test should be taken in the
Undisturbed asbestos which is in good condition typically will not release
lowest finished living space and not the basement if the
asbestos fibers and may best be handled by leaving it alone. Problems with
basement is not finished. Is there anything to this belief?
friable or damaged asbestos may be treated by either repair or removal. Repair
A radon test per federal law is to be taken at the lowest living
level. This generally means the basement, regardless of
However, under the newly revised asbestos rules in Wisconsin that
whether it is finished, partly finished, or not finished at all.
went into effect on May 1, 2009, vermiculite insulation is assumed to be
The EPA Web site at http://www.epa.gov/radon/pubs/
hmbyguid.html#3.b. states: “Make sure that the test is done
in the lowest level of the home that could be used regularly.
This means the lowest level that you are going to use as living
asbestos-containing material unless proven otherwise in accordance with
EPA recommended sampling and analysis protocols specific to vermiculite
insulation. At this time, EPA has not published any official guidance
for sampling and testing vermiculite insulation. Therefore, vermiculite
insulation must be treated as asbestos-containing material. This may
space whether it is finished or unfinished. A state or local
necessitate the use of certified asbestos workers for any projects disturbing
radon official or qualified radon tester can help you make
or impacting the insulation. Information about the new asbestos rules and
some of these decisions.”
certification requirements for asbestos workers is found at http://www.dhs.
The EPA Web site advises that, “The test kit should be placed
in the lowest lived-in level of the home (for example, the
basement if it is frequently used, otherwise the first floor).
It should be put in a room that is used regularly (like a living
room, playroom, den or bedroom) but not your kitchen or
bathroom” at http://www.epa.gov/radon/pubs/citguide.
html#howtotest.
16
usually consists of sealing or covering the asbestos-containing material.
wisconsin.gov/asbestos/. For more information regarding asbestos, see the
Wisconsin Asbestos page at http://dhs.wisconsin.gov/asbestos/index.htm,
the EPA Asbestos information at www.epa.gov/asbestos, the August 2009
Legal Update, “Environmental Concerns 2009,” at www.wra.org/LU0908 and
Wis. Admin. Code Chapter DHS 159 (repealed and recreated effective May 1,
2009) at www.legis.state.wi.us/rsb/code/dhs/dhs159.pdf.
Tracy Rucka is Director of Professional Standards and Practices for the WRA.
|
may 2010
news.wra.org
and the
winner is...
wra 2010 convention
September 26-28, 2010 |
Kalahari Resort & Convention Center - Wisconsin Dells
www.wra.org/2010Convention
and the
winner is...
wra 2010 convention
September 26-28, 2010
Registrant One INFORMATION:  Check here if you are an Association Executive
Name_ ___________________________________________ Firm Name ________________________________________
Address_ __________________________________________ City_ _______________________State_______ Zip__________
Phone (W) (
)____________________________________ (H) (
) _______________________________________
E-mail Address_ ______________________________________ WRA member # _____________________________________
*TWO-FER Convention Special: Register one WRA member for one full convention pass at regular price and register a second WRA
member at a special introductory price (see details at www.wra.org/convention2010fees). Your second guest must be a member of the WRA who
has NEVER attended the Fall Convention or has NOT attended in the past five years. Limit one discounted registration per order. Register using this
form or by visiting www.wra.org/convention2010reg. After you have registered you will receive a promotion code. Give this promotion code to a
WRA member and tell that member to visit the Web site to register and redeem the discounted pricing.
Two-FER: 2nd WRA Member INFORMATION:
Name___________________________________________ Firm Name_______________________________________
Hotel information:
Address__________________________________________ City ______________________ State _____ Zip ________
Phone (W) ( )_ _________________________________ (H) ( ) _______________________________________
E-mail Address_ ___________________________________ WRA member # ___________________________________
MemberThru 7-31Thru 8-23 After 8-23 ATD
 1-Day Pass ( Sun/Mon/Tues ) circle one
$ 84
$ 94
$ 104
$ 124  Full Convention Pass
$ 114 $ 124
$ 134
$ 154
TWO-FER: 2nd WRA Member*
$ 54
$ 64
$ 74
$ 94
 Unlicensed Spouse/Sig. Other
$ 35
$ 35
$ 35
$ 55
Name of Spouse or Significant Other:____________________________________________.
Room Rates
Standard Room: $119
Jacuzzi Suite: $119
Royal African Queen Suite: $119
Release Date:
August 25, 2010
Non-Member
 1-Day Pass ( Sun/Mon/Tues ) circle one
 Full Convention Pass
$ 114
$ 154
$ 124
$ 164
$ 134
$ 174
Included in Registration Fee:
• Icebreaker Party “A Night at the Awards” – 9/26
$ 154
$ 194
Real Estate Continuing Education
CE - Attend All 6 (4 FREE – You pay for 2)
$15 per $20 per
$25 per
$45 per
(You may select up to FOUR courses for free included in a Full Convention Pass, each additional course pricing above.
 Elective B – 1031 Exchanges & Exchange Opp. 8:30 – 12:00 (9/26)  Course 1 – Listing Contracts – 8:30 – 12:00 (9/27)  Elective E – Financing the Sale – 1:00 – 4:30 (9/26)  Course 2 – Offer to Purchase – 1:00 – 4:30 (9/27)  Course 3 – New Developments – 8:30 – 12:00 (9/28)  Course 4 – Buyer Agency Agreements – 1:00 – 4:30 (9/28)
Designation Classes
Two-Fer Pricing
 Intro to CCIM 9/26-9/27
 ABR Elective – Short Sales & Forecl. 9/26
 CRS 111 – Short Sales & Foreclosures 9/27
 ABR & CRS – Short Sales & Forcl. 9/26-9/27
 Ninja – Part 1 – 9/26
 Ninja – Part 2 – 9/27
 Ninja Part 1 & 2 – 9/26-9/27
 2nd WRA Member* .....$ 276
 2nd WRA Member* .....$ 115
 2nd WRA Member* .....$ 115
 2nd WRA Member* .....$ 175
$ 330
$ 169
$ 169
$ 229
$ 185
$ 185
$ 330
$ 340
$ 179
$ 179
$ 239
$ 195
$ 195
$ 340
$ 350
$ 189
$ 189
$ 249
$ 205
$ 205
$ 350
$ 370 w/conv
$ 209 w/conv
$ 209 w/conv
$ 269 w/conv
$ 225
$ 225
$ 370 w/conv
Kalahari Resort and Convention Center
1305 Kalahari Dr. | Wisconsin Dells, WI
Phone: 877-253-5466 or 608-254-5466
 2nd WRA Member* .....$ 276
Appraisal CE Courses - 9/28Two-Fer Pricing
WRA Appraisal Section Member
 Class Only
$ 134 $ 144
$ 154
$ 174
 Class w/ Convention
$ 144 $ 154
$ 164
$ 184  2nd WRA Member* .....$ 90
WRA REALTOR® Member
 Class Only
$ 144
$ 154
$ 154
$ 164
$ 164
$ 174
$ 184
$ 194  2nd WRA Member* .....$ 100
Non-Member
 Class Only
$ 154
$ 164
$ 164
$ 174
$ 174
$ 184
$ 194
$ 204
• Real Estate Continuing Education – Four of Six
courses included in Full Convention Pass - MUST
register in advance - first come, first served!
• Access to Indoor Theme Park following Chairman’s Dinner - 9/27
Event Fee – Per Person:
Golf (9/26)��$98
Wild Rock Golf Club - Wisconsin Dells
 Member One  2nd WRA Member
Chairman of the Board’s Dinner (9/27)��$49
CRS Luncheon (9/28)��$22
 Special Services: Check here if you require special
services to attend. Attach written description of needs.
Cancellation Policy: The WRA reserves the right to cancel
courses if not filled. Cancellations must be made in writing
prior to September 26, 2010 and will be refunded, minus a $25
administration fee. Registrations cannot be transferred from
person to person.
PAYMENT:
Register by Mail:
Wisconsin Realtors® Association
4801 Forest Run Road, Suite 201
Madison, WI 53704-7337
Register by Phone:
800.279.1972 | 608.241.2047
Register by Fax:
608.241.5168
Total amount $__________________
 Enclosed is my check made payable to the WRA
 Charge my VISA / MasterCard (circle one)
Card Number�� Exp. Date___________
>>Technology Corner
Engaging Prospects through
the Facebook Community: Part 1
By Rob uhrina
Facebook page. It looks like a great trip. Where did
you get that picture of the waterfall with the mountain
in the background?”
These days it seems like everyone is talking about
Facebook. With over 400 million active users
worldwide and 120 million in the U.S. alone,
Facebook is the largest, free social networking site
on the planet (Facebook, May 2010).
It’s also a place to connect with brands. Whether you
are an advocate of Nike, Best Buy, Macy’s, the Green
Bay Packers or a local microbrewery, Facebook
allows you to have a personal one-on-one
relationship with your favorite brands so you can
keep up-to-date on their products or services. For
example, by connecting with Nike, you get a
newsfeed that tells you about the upcoming shoes in
production for the fall season. Just the same, when
you connect with Best Buy, you get tips on how to
buy computer electronics, take advantage of rebate
programs and get in the know about special in-store
promotions.
Facebook’s fastest growing demographic is between
the ages of 35-54 years old. 12% of Facebook’s
visitors visit it at least once a day (Quantcast.com).
Social media and text messaging are now the
communication tools of choice for Y-Gens. Currently,
more than 100 million users access Facebook
through their mobile devices. What tool do you
communicate with? Will you be ready for Y-gens
when they enter the market? Guess what, they’re
already here.
With such compelling statistics and the fact that
Facebook hit 100 million users faster than any other
medium predating social media, it leaves many
REALTORS® wondering if it’s a passing fad. Can you
really make money using Facebook? What about
privacy? Is there even time to do this?
Speaking of brands and commerce, let’s revisit
“making money” or what I’ll refer to as ROI. When
was the last time you asked your significant other,
what’s the ROI of your relationship? Please don’t try
this at home. This same question applies to social
media. Consumers are connecting with you, their
potential REALTOR®, on a personal level. The key
here is to avoid behaviors that demonstrate to others
that you are trying to monetize relationships on
Facebook. It’s the fastest way to become
“unfriended.”
All good questions. Fad or no fad, it’s just another
piece of today’s integrated marketing approach.
Social media may not be your favorite medium, but
it’s a powerful tool and it’s catching on fast. As a
comparison, if Facebook were a country, it would be
the world’s third largest country behind China and
India. In the U.S. alone, its user base is more than 10
times the population of New York City.
Where many professionals struggle initially with
Facebook is in their approach. It’s not just a Web site
where you post status updates, make friends and
aggressively cultivate prospects. It’s a place where
you develop personal relationships. It’s a place to
make better connections with people. It’s a place to
enrich your day-to-day discussions. Of the top
reasons why folks use Facebook, it’s to share
experiences, reconnect and have conversations with
old friends and find people with similar interests.
Again, it’s personal. People today have more of a
tendency to say, “I saw you went on vacation on your
convert them into prospects? First, remember the
phrase, “top of mind.” The more you can keep your
name “top of mind” with a consumer, the more they
will think of you when they go to buy or sell a home.
Be sure to put your Facebook information on all of
your business cards, your website, your signature
block, your ad and anywhere you promote your
business.
So why should consumers connect with you on
Facebook? First, consumers don’t operate in 30-day
cycles and wait for your newsletter to arrive in their
mailbox. The world operates in “real time” and this is
the way today’s consumer expects it. Facebook, and
more broadly, social media combined with mobile
technologies, puts your message in front of prospects
immediately.
Many REALTORS® use Facebook to generate back
links to their own Web sites. One strategy is to
publish a blog on your Web site and drive traffic back
to it from Facebook. The goal here is to demonstrate
both your knowledge and expertise and hopefully
generate traffic to your listings. Even if prospects
don’t immediately view your listings, it’s okay. After
a few good blog entries, you will be able to “brand
advocates” without ever doing business with them
and build your credibility as a sales agent.
Today, the largest demographic on Facebook is
between the ages of 18-34 which makes up 38% of
all U.S. homebuyers (NAR, Profile of Homebuyers
Report). The median household income of
homebuyers according to NAR is $74,900. Over 59%
of Facebook’s users earn over $60,000 (Quantcast.
com), making Facebook a matched demographic for
homebuyers. Make it your goal to connect with this
growing audience and engage their thoughts and
opinions. See it as an opportunity to demonstrate
your expertise. In your absence, they may in fact
connect with another REALTOR® in your market.
This leads into consumer behavior and buyer cues. In
the world of e-commerce, the social media paradigm
has shifted how people make decisions. Increasingly,
consumers on Facebook are taking cues from one
another. For example, if someone posts on Facebook
that they had a terrible experience with an airline,
that message is fed to all their connections and
instantly paints a bad impression of that company,
tarnishing their image and reputation maybe
indefinitely. Conversely, if someone brags about a
transaction you facilitated, positive word of mouth
goes a long way in the online world. Ask satisfied
customers to publish their thoughts on your page.
Second, the Facebook community is chock full of
homebuyers. But the real question is, how do you
One misconception about Facebook is that many
people think of it in terms of how much they have to
Facebook ... continued on page 27
|
may 2010
19
education
QuickStart Distance Learning
Available On Demand
The QuickStart program is designed to assist agents in learning the business of real estate. QuickStart
Distance Learning On Demand is the most convenient method available to complete the QuickStart
program. The program begins with building relationships with buyers and sellers including prospecting,
pricing properties, responding to concerns and making presentations to buyers and sellers. The course
includes contract issues, agency relationships and negotiating strategies. The QuickStart program
also discusses various methods of communication, goal setting, time management and incorporating
technology into a real estate agent’s business plan. The program is designed to help agents become
confident in their practice as well as focused on their personal business plan.
Offered in video format reinforced with independent exercises, On Demand offers the same great quality
education found in the classroom setting but in the comfort of your own home, office or wherever there
is a broadband connection. You will learn from the same experts who teach the classroom courses.
The instructors are real estate professionals who teach with energy and enthusiasm. Together with their
experience and training, you’ll learn from the best.
How does QuickStart On Demand work? It is simple!
1.
Watch the course (each course is broken into five video chapters varying in length from forty minutes
to one hour).
2.
Take a short quiz at the end of each chapter.
3.
Take a 15-question multiple choice exam after passing all chapter quizzes.
4.
Print your certificate after passing the exam.
5.
Print your GRI Course 1 certificate after passing all four course exams.
Upon completing the four modules and passing the exam, agents can receive credit for the completion of
GRI Course 1. The fee is only $240; however, the WRA offers a New Member Discount of $40 – Cost of
this course is only $200. A fantastic price for 4 days of instruction for your new agents.
Sales Pre-License Course
July 19-22; 26-29, 2010
ABR Course
August 4-5, 2010
WRA Headquarters - Madison
To obtain a real estate license in the state of
Wisconsin, you must first complete 72 hours
of approved education courses such as our
sales and prelicense course. Second, you
must pass a state-administered exam. The
WRA will be offering an 8-day Accelerated 72-Hour Sales program on July
19-22; 26-29, 2010. Brokers can purchase a $50 discount coupon for only
$10, which entitles your new recruit to a $50 discount on the registration
fee. Your new recruits can be ready to take the exam as soon as they
complete the class. Ask them to call and register today: 1-800-279-1972!
This program is also available through self-study video (DVD) or a self-study
Internet program.
GREEN (2-Day) Course
August 18-19, 2010
NAR’s GREEN designation gives you the
tools you need to guide clients through
buying, selling, or building in the sustainable
marketplace. You will learn how to explain
to your clients what makes a home, building
or property green; list and market green
properties; determine the energy efficiency of a property, and more. For
more information, visit: www.wra.org/Green
20
|
may 2010
The Accredited Buyer Representative (ABR)
designation is the benchmark of excellence in
buyer representation. The overall goals of the
ABR Designation courses are to educate and
prepare buyer representatives to provide the kind
of service and fidelity to buyers that seller have always enjoyed, and
to offer methods for building your buyer representation business.
Visit: www.wra.org/ABRcourses
GREEN Residential Elective
August 20, 2010
NAR’s GREEN Designation Residential
Elective Course gives you the knowledge and
awareness of green building principles applied
in residences so that you can guide buyerclients in purchasing and retrofitting green
homes as well as help sellers by listing and marketing green properties. For
more information, visit: www.wra.org/Green
news.wra.org
Course Schedule
Visit wra.org/CourseSchedule for full schedule.
Sales & Marketing Management DateCourse
Location
*Fulfills core education for NAR new Short Sales
and Foreclosure Resource (SFR) certification
** Early registration applies two weeks prior to
the start of the course.
***Includes
Convention Registration.
August 4-5, 2010
August 18-19, 2010
August 20, 2010
# Appraiser section members receive a discount.
September 26, 2010 September 27, 2010 ABR Course (2-day)
Madison
260
GREEN (2-day)
Madison 285
1-day GREEN Residential Elective
Madison 130 Ninja Selling 1 and Ninja Selling 2 Wisconsin Dells ***330
CI Intro to CCIM
Wisconsin Dells ***330
*1-day ABR Elective: Short Sales & Foreclosures Wisconsin Dells ***169
*CRS 111: Short Sales & Foreclosures: Protecting Wisconsin Dells ***169
Your Clients Interests (CRS Core 1-day class )
Conference and Conventions
DateEvent
Real Estate Continuing Education Date
Course
May 3, 2010
May 5, 2010
May 6, 2010
May 12, 2010
May 12, 2010
May 12, 2010
May 12, 2010
May 13, 2010
May 19, 2010
May 19, 2010
May 19, 2010
May 20, 2010
May 20, 2010
June 2, 2010
June 3, 2010
June 4, 2010
June 16, 2010
June 22, 2010
June 25, 2010
2009-10 Electives A & C 2009-10 Courses 2 & 1
2009-10 Courses 2 & 1 DVD
2009-10 Course 4
2009-10 Courses 2 & 1
2009-10 Courses 1 & 2
2009-10 Courses 3 & 4
2009-10 Electives A & E
2009-10 Courses 4 & 3
2009-10 Courses 1 & 2
2009-10 Courses 3 & 4
2009-10 Electives C & A DVD
2009-10 Courses 4 & 3
2009-10 Electives B & D
2009-10 Electives B & D
2009-10 Electives A & C DVD
*Approved
for Minnesota Real Estate Credit.
Check
out the Appraisal Continuing Modules
available
by DVD and Online.
Appraisal Continuing Education ATD
$
270 290
295 315
140 160
340 370
340 370
179 209
179 209
Location
September 26-28, 2010 WRA Annual Convention
Elective A:
Elective B:
Elective C:
Elective D:
Elective E:
Early Reg.** $Reg.
$
Wisconsin Dells - Kalahari Resort
Location
8:30 – 4:30
8:30 – 4:30 9:00 – 4:30
8:30 – 4:30
8:30 – 4:30 8:30 – 4:30 9:00 – 4:30 8:30 – 4:30 8:30 – 4:30 8:30 – 4:30 8:30 – 4:30 8:30 – 4:30 9:00 – 4:30 8:30 – 4:30
8:30 – 4:30
9:00 – 4:30
8:30 – 4:30
9:00 – 4:30
9:00 – 4:30
La Crosse
Madison Kenosha
Sheboygan
Brookfield Hayward Kenosha Hayward Hayward Brookfield Wausau Wausau Kenosha Madison Brookfield Kenosha Madison Kenosha Kenosha 608-785-7744
800-279-1972
262-942-0592
920-457-7908
800-279-1972
715-835-0923
262-942-0592
715-835-0923
715-835-0923
800-279-1972
800-279-1972
800-279-1972
262-942-0592
800-279-1972
800-279-1972
262-942-0592
800-279-1972
262-942-0592
262-942-0592
Location
Thru 7-31/2010
$27/m; $35/nm
$27/m; $35/nm
$27/m; $35/nm
$27/m; $35/nm
$27/m; $35/nm
$27/m; $35/nm
$27/m; $35/nm
$27/m; $35/nm
Risk Reduction
1031 Exchanges and Exchange Opportunities
Condominiums
Landlord/Tenant and Property Management
Financing the Sale
Date
Course
September 28, 2010
Foreclosures and Short Sales 8:30 – 4:30 Wisconsin Dells $134 - Section Member
Challenges and Solutions
$144 - WRA Member
(submitted for approval)
$154 - Non Member
$
Early Reg.** $ Regular Reg.
Pre-License DateCourseLocation
* Plus books
July 19-22; 26-29, 2010 Sales Pre-License Course 8:00 - 5:00 Madison 325*
325*
August 9-12, 2010
Broker Pre-License Course 8:00 - 5:00 Madison
260*
280*
Available online!
QuickStart
sales training program
www.wra.org/QuickStartOnDemand
|
may 2010
21
product showcase
New!
eFannieMae.com
Capture Leads With the Click of a Mouse!
Tools and Resources for Real Estate Professionals
Create Your Own Web site and More
You know Fannie Mae, but are you familiar with eFannieMae.com? The
Web site aims to support and educate Fannie Mae’s partners in the
mortgage industry, and it offers a range of resources for you and your
clients, including:
Interested in creating your own Web site? WRA members can design and
maintain their own Web sites through Real Estate Home Pages. Software
Templates and easy-to-use tools for adding images and formatting text
provide a professional look, usually only attained by a graphic artist or Web
designer. You’ll be amazed at how easy and inexpensive having a Web site
can be!
The website packages and services are designed with real estate agents
and real estate brokers in mind, giving you the flexibility to create and edit
your entire Web site without needing to know HTML or special coding. •
Mortgage Products & Information: Find details and comparisons of
specific products.
•
Training and Education: Learn about mortgage solutions that can
help meet homebuyers’ needs.
•
Home-Buying Tools: Helps homebuyers find a lender, a counselor
and other financing information.
•
Selling and Servicing Guide forms
•
Spanish-Language Tools: A bilingual glossary of industry terms,
mortgage documents and more for Spanish speaking homebuyers.
>> Learn more by clicking the “Real Estate Professionals” link at www.efanniemae.com.
One of their feature packages is a drip e-mail program called “E-Client
Contact,” which helps you stay in contact with your clients in an automated
way. Some of the great marketing features are automated e-mail
campaigns, e-postcards, and more. Upload your own lists or use the
database from your Web site. Learn to:
•
Import, edit and use multiple e-mail lists
•
Create custom marketing campaigns or choose one from an existing
library
•
Schedule all of your holiday e-mails in advance
•
Add pictures, text, links, etc.
•
Choose from e-mail header graphics
•
Choose from over 40 different articles and tips for the real estate
market from a content library
•
Add automated opt-out options for your customers
•
Send hundreds of e-mails with the click of a button
•
Attend free online seminars to help you learn the ropes of E-Client
Contact
•
Only $19.95 a month
>> Real Estate Home Pages (Quantum Digital) is a Wisconsin REALTORS®
Association endorsed Member Benefit. Please contact them at 800-2806926 or check out their Web site for additional Web site packages at
www.realestatehomepages.com.
22
|
may 2010
news.wra.org
Realtor® sales tip
Renewing Commitment to Homeownership
By marcus wally
Homeownership Rates x Region
With the expiration of the homebuyer tax credit,
many of us are wondering how to stir that same
enthusiasm in customers/clients. This month, I share
one great opportunity to do this: National
Homeownership Month.
The National Association of REALTORS® is renewing
its commitment to helping the nation increase
homeownership in America, and is dedicated to
advancing that aim through National Homeownership
Month this June. NAR said its commitment is
stronger than ever during today’s challenging real
estate market. And, as the professionals on the front
line, we must take our positions and do our part to
help everyone own a home. This is our greatest
talent! This is the primary reason we are REALTORS®!
REALTORS® build communities and understand
better than anyone else how important
homeownership is to our nation. Every day, we work
in cities across the country to bring more Americans
home; we help build strong families and vibrant
neighborhoods. After all, this is the American dream.
In the 40 years since the 1968 Fair Housing Act
became law, the influence and impact of minority
populations on the housing market have grown
significantly. Today, an ever-growing number of
minorities choose to become homeowners and we
must adapt to understand, respect and appreciate
their differences. Truly, the face of America has
changed.
indicator based on contracts signed in February,
rose 8.2 percent to 97.6 from a downwardly revised
90.2 in January, and remains 17.3 percent above
February 2009 when it was 83.2. The data reflect
contracts and not closings, which usually occur with
a lag time of one or two months.
The homeownership rate is the proportion of
households that is owner-occupied. It is determined
by dividing the number of households that are
occupied by owners by the total number of occupied
households.
REALTORS® are ideally situated to improve housing
opportunities where they live. They are the first stop
for the prospective homebuyer or renter. Accordingly,
REALTORS® can reach out – through personal
involvement in their own communities—to those
who need greater access to quality, affordable
homeownership and rental opportunities.
Current statistics show that the U.S. homeownership
rate at the end of 2009 was 67.2%. This figure has
steadily dropped over the last few years from our
high of 69.2% in 2004. Specifically for the Midwest
region, that number is even higher: 71.3%.
Many of us have enjoyed wonderful success in the
last decade, but now many of us face a very different
market…despite what others may say, this is a
normal market; I refer to it as the “new normal.” As June approaches, I ask each of us to recommit to
helping others understand the viability of owning
land. A large part of our daily good deeds consists of
educating others about the amazing value and
benefits of owning versus renting. Owning real
property is the best way to insure personal wealth.
We reached our highest level of homeownership in
2004-2005, as shown in the accompanying figure
(for the most current information, please see www.
census.gov).
As of April 5, 2010, pending U.S. home sales rose in
February 2010, potentially signaling a second surge
of home sales in response to the home buyer tax
credit, according to the National Association of
REALTORS®.
When we look back at this period in our history, will
we remember it only as a time when our industry
thrived or also as a time when we gave of ourselves,
helping more Americans become homeowners?
What will be our legacy? The TV commercials state,
“There really has never been a better time to invest
in real property.” This is true: interest rates are still
at record lows, inventory is at an all-time high, and
good incentives to purchase are plentiful. Now is the
time to buy! So what are we waiting for? Help me
spread the word!
The Pending Homes Sales Index, a forward-looking
|
may 2010
As we spread the word about National
Homeownership Month, take the pledge with me to
take a family by the hand and lead them through the
process of finding, financing, inspecting and closing
on a home. Together, we can help ensure that many more
Americans are able to say, “This is my home.”
Marcus A. Wally, MBA, is an active Florida REALTOR®
in St. Augustine, Florida. Marcus is the founder and
broker of New World Realty, which also manages
coaching and facilitation of education classes
around the world. Marcus earned his MBA from
the University of North Florida in Jacksonville. He
can be reached at 904-669-1081 or by e-mail at
[email protected].
23
Inside the Wisconsin Way: Part 2
A closer look at the plan to restore Wisconsin prosperity
public affairs
By michael theo
This is part two of a three-part series on the Wisconsin Way project—a
multiyear effort by a coalition of diverse organizations to revolutionize
the way we tax, spend and invest in Wisconsin. The WRA is a founding
partner in this project.
•
Create a consolidation commission charged with identifying
opportunities, costs, benefits and advisability for consolidated
delivering of public safety, human services, pre-K-12 education
and infrastructure maintenance.
This effort has produced a “Blueprint for Change,” a set of new and novel
ideas for reforming Wisconsin. A copy of the full report can be found at
www.wisconsinway.org.
•
Encourage and incentivize local government consolidation
of services for three years, after which the legislature should
mandate consolidations.
Part one of this series focused on ideas for economic development. This
article will focus on tax reform and modernization ideas. Next month,
the final article will review recommendations for government reform
and modernization.
•
Wisconsin Way Ideas for Tax Reform and Modernization
Wisconsin’s tax code is showing signs of aging. In order to maintain
our commitment to fair and reasonable taxes, we need to reform and
modernize our tax system. Reform is necessary to eliminate inequities
and inefficiencies that have developed in the system over time.
Modernization is necessary to reflect significant changes in our local
and global economies and changes in the demographic makeup of our
citizens.
The Wisconsin Way recommendations seek to significantly reduce our
reliance on the property tax as a major source of government revenue
and make better use of the tax code to stimulate business development,
expansion and job growth. Those tax reductions are offset by increasing
reliance on specific fees for specific services and increased reliance on
income-sensitive revenue sources like sales and consumption taxes.
Here are some Wisconsin Way ideas on how to do that.
24
•
Consolidate appropriate school district administrative
functions.
•
Consolidate funding and prioritization for new school building
construction at the state level.
•
Create regional purchasing organizations for energy, school
materials, texts, paper, technology and other necessities.
•
Conduct a one-year study to report on regional or statewide
cost savings including post-employment health insurance
options, managed perhaps by the Wisconsin Retirement
System.
Shift funding for certain services to a more appropriate
funding source such as:
•
Shift a significant portion of the current public pre-K-12
funding from the property tax to the state general purpose
revenue funding.
•
Shift a significant portion of the current pre-K-12 funding
from the property tax to the sales tax (increasing the sales tax
rate to 6 percent).
1. Reducing reliance on the property tax.
•
Encourage and assist local units of government to achieve significant
operational efficiencies with the goal of a permanent 25% reduction in
revenues collected from the property tax.
Restrict property taxes to only property-related services and
schools.
•
Shift the cost of protective services to fees from all who need
and use the services.
•
•
Review all state mandates to achieve greater efficiencies and
insure appropriate funding sources.
Consolidate the management and delivery of appropriate
local governmental services.
|
march 2010
news.wra.org
•
Secure Medicare funding for all per-pupil special education
costs that exceed 125 percent of the district’s per-pupil average.
•
Establish a Legislative Council study commission to review the
appropriateness, effectiveness and impact of the five major
existing property tax relief programs and recommend changes.
•
Allow counties to increase their sales tax by 1 percent.
•
Broaden the property tax base by improving the fairness and
progressivity of exemptions and assessments.
2. Improve the fairness and progressivity in the levying and
collection of taxes.
•
Establish a more equitable property tax exemption procedure.
•
•
Require all property tax exemptions be justified and re-codified
within 24 months, then reviewed on a staggered basis every five
years.
A joint UW business school and Revenue Department review
of all current exemptions, including those related to Internet
sales, with a report on potential revenue and impact of revoking
each.
•
Explore strategies that would enhance Wisconsin’s ability
to keep its philanthropic leaders engaged and invested in
Wisconsin’s economy.
4. Increase reliance on revenues that recognize the valueadded impact of the service being provided.
•
3. Enhance the ability of Wisconsin’s tax structure to stimulate
business development and expansion and job growth.
•
Expand the variety and applicability of tax inducements to
increase investment in research and development.
Establish a more equitable sales tax exemption procedure.
•
•
•
Establish a neutral, credible review process for establishing
the affect of taxes and regulation on Wisconsin’s ability to
sustain and grow its economy, co-funded with private and
public funds.
Align Wisconsin’s income taxes with its desire to grow,
expand and attract business and create jobs.
•
Establish incentives for businesses to keep recent in-state
college graduates in Wisconsin.
•
Create funding incentives for the UW System and Wisconsin
Technical College System to educate people in high-demand
careers.
•
Create specific individual and corporate income tax incentives
for investments in job creation and business growth including:
•
Incentives for start-ups and expansion in cluster industries
and emerging industries such as green and alternative
energy sectors.
•
Establish new corporate income tax credits for job creation.
•
Raise the capital gains tax exemption back to 60 percent.
•
Establish a 100 percent capital gains tax exemption
for gains realized from investments in Wisconsin and
reinvested in Wisconsin for at least two years.
•
Incentivize technology transfer efforts from public and
private higher education institutions to businesses.
•
Energize natural resources sectors such as timber,
dairy farming, and agri-businesses to accelerate efforts
to modernize, improve productivity and develop new
markets.
|
march 2010
•
Restructure and stabilize funding for the UW system.
•
Encourage new four-year academic curricula that allow
graduation after three years with future access during careers.
•
Establish an educational operations cost per UW system
student.
•
Set annual tuition rates for all UW students at 25 percent of the
per-student cost.
•
Establish an income-sensitive tuition system that allows
students to pay for their education costs over a 25-year period
at a rate not to exceed 5 percent of their income.
•
Establish a GPR development fund for the UW system equal
to 20 percent of student supported educational operational
costs and dedicated to fostering and supporting new programs,
research and instructional expansion.
•
Establish a forgiveness program that reduces a graduate’s
annual payments by 25 percent for each year they work in
Wisconsin.
Increase reliance on revenue sources that recognize the
relationship between use and cost of services.
•
•
Review all existing fees and update or eliminate as needed.
Convert the federal interstate system (ie: I-90, I-94 and I-39)
into a pay-as-you-go system.
What do you think?
The tax reform and modernization proposals above—along with the
previous article on economic development and the upcoming final article
on government reforms and modernization—are presented in an effort
to find solutions and stimulate discussion. Remember, it’s a blueprint
and change orders are an option! So we’d like to know what you think.
Send your reaction to this article, as well as thoughts for new ideas, to
[email protected].
Michael Theo is Vice President of Legal and Public Affairs for the WRA.
25
public affairs
Which Party Will Control the
Wisconsin Legislature?
By joe murray
D
uring extremely competitive election
cycles, voters pay reasonably
close attention to the high profile
campaigns such as races for governor, U.S.
Senate, Wisconsin attorney general or seats
in the U.S. House of Representatives. But
the November 2nd elections in Wisconsin
will decide one other crucial question: which
party will control the Wisconsin Legislature?
Today both houses of the Legislature are
narrowly controlled by majority party
Democrats. Democrats have an 18 to 15-seat
majority in the State Senate and a 52 to 46seat majority in the State Assembly, with one
Independent (Jeff Wood from Chippewa Falls).
This means both houses are up for grabs in the
2010 elections. For Republicans to take control
of the Senate, they would need a net gain of
two seats; for the Assembly, a net gain of four
seats. The desire to regain or retain power is a
motivating force for both parties. Democrat and
Republican campaign staff are busy recruiting
candidates and raising money to position their
parties for the competitive and expensive fall
campaigns.
According to the Pew Center on the States,
there will be approximately 7,000 races for state
legislative seats in all fifty states. But both
parties, along with their allies, are narrowly
focusing on 100 key races in 16 states that
could tip the balance of power in statehouses,
including Wisconsin.
Targeting statehouse elections is particularly
important to federal as well as state political
parties in 2010 because of redistricting.
Redistricting – or reapportionment – happens
every 10 years after the census and draws the
boundaries of congressional and state legislative
districts that will last a decade. Each party
knows that winning key statehouse campaigns
would give it the power to redraw district lines
and change the balance of power in any or all
16 states. The goal is to win control of state
governments, including Wisconsin, ahead of the
process for redrawing those political districts.
Thus, the outcome of this November’s elections
carries significant short- and long-term political
consequences.
26
Wisconsin Targeted Districts
In the State Senate, 17 of the 33 seats are up
for re-election in 2010. The list includes all odd
numbered districts: (note: open seats means
the incumbent has decided not to run for reelection.)
Senator Alan Lasee (DePere, open)
Senator Tim Carpenter (Milwaukee)
Senator Jim Sullivan (Wauwatosa)
Senator Jeff Plale (Milwaukee)
Senator Joe Leibham (Sheboygan)
Senator Neal Kedzie (Elkhorn)
Senator Scott Fitzgerald (Juneau)
Senator Judy Robson (Beloit, open)
Senator Dale Schultz (Richland Center)
Senator Mike Ellis (Neenah)
Senator John Lehman (Racine)
Senator Pat Kreitlow (Chippewa Falls)
Senator Bob Jauch (Poplar)
Senator Jon Erpenbach (Middleton)
Senator Russ Decker (Wausau)
Senator Kathleen Vinehout (Alma)
Senator Ted Kanavas (Brookfield, open)
The targeted races for control over the Wisconsin
State Senate will likely come down to these 6
districts:
Republicans:
Senator Alan Lasee (DePere, open)
Senator Dale Schultz (Richland Center)
Democrats:
Senator Jim Sullivan (Wauwatosa)
Senator John Lehman (Racine)
Senator Pat Kreitlow (Chippewa Falls)
Senator Kathleen Vinehout (Alma)
In the Wisconsin Assembly, all 99 seats are up
every two years. Out of the 99 districts, the
following 9 districts are likely to decide which
party controls the State Assembly:
Republicans:
R-80th: Brett Davis (Oregon, open)
R-47th: Keith Ripp (Lodi)
R-34th: Dan Meyer (Eagle River)
R-87th: Mary Williams (Medford)
I-67th: Jeff Wood (Chippewa Falls, open)
|
may 2010
Democrats:
D-2nd: Ted Zigmunt (Francis Creek)
D-57th: Penny Bernard-Schaber (Appleton)
D-92nd: Mark Radcliff (Black River Falls)
D-42nd: Fred Clark (Baraboo)
I-67th: Jeff Wood (Chippewa Falls, open)
The political bottom line: out of 116 total
state legislative races in Wisconsin in 2010, 14
key swing seats will likely decide which party
controls the State Legislature. The party in
control decides committee chairs, committee
members, which bills get to the floor of either
house for consideration, and this year, how the
district boundary lines will be drawn during
the redistricting process. Nothing focuses the
attention of individual legislators more than
who will control the redistricting process and
what their individual districts will look like for
the next 10 years.
The 2010 legislative races, especially in these
14 districts, will more than likely break all the
records on spending and political intensity.
Joe Murray is Director of Political & Governmental
Affairs for the WRA.
news.wra.org
Facebook ... continued from page 19
6.
say. Don’t forget conversation is a two-way street.
It’s just as important to listen as it is to talk, so be
sure to take the time to read posts of others. I taught
a course last year and met a REALTOR® who
reconnected with an old sorority sister from college
who moved to Arizona. Months after they connected,
she would follow her friend’s status to see how she
was doing. One day her friend posted a comment
that read, (she) “disliked her REALTOR® because her
house was on the market for two years and barely
had any showings.” It was the end of her contract.
After she read the post, she contacted her friend and
eventually worked with her to sell her home through
a successful referral. Case in point, your ROI on
Facebook can simply surface from reading and
responding to posts.
If you are new to Facebook, many lessons can be
learned from mistakes. Here is our short list of tips
we suggest to help maximize your success on
Facebook:
1.
Be consistent. Set a reasonable goal, such as
publishing a post a week and stick to it. If you
suddenly stop posting, people will think you
either don’t practice real estate actively or
don’t have the time to spend on this medium.
Remember some connections prefer Facebook
as a primary communications tool.
3.
Avoid too much silly stuff. Games can be
addictive and if you play them, be sure they are
not publishing bites of information to your
newsfeeds, especially during work hours and
open houses.
4.
Don’t publish anything you would not want
your mom to read. For example, if you go out
for a long evening on Saturday night, don’t
publish it. Consumers are well aware of what
REALTORS® do on Sundays.
5.
7.
Post items that have value – tips, tricks, local
news, market outlooks, special sales at stores
and upcoming community events. The key
here is the more local your focus, the better.
State and national news is a dime a dozen.
8.
Engage your audience. Post topics of interest,
ask questions, inquire, monitor and respond
back. Be sure to fertilize the good conversations
and pull out the weeds.
9.
Avoid embarrassing others. The moment you
embarrass someone, you’ve set the stage for
someone embarrassing you. Remember the
old saying, “what comes around, goes around.”
It’s especially true of social media.
10. Avoid “power-selling.” Facebook is not an
MLS. If you actively publish listings, do so
through the Facebook marketplace which has
an option to publish back to your profile page
Be sure to listen. Opportunity hides in unique
places. When you’re talking, always remember
to curb yourself of too much shop talk. People
tune out connections that talk too much shop.
2.
Make your profile professional, but also let
it reflect your personality. People like to do
business with someone they know and that
they can relate to personally. There is nothing
wrong with a little personality in your posts.
Last, there are many ways you can develop
credibility without applying a sales pitch. One
method is to be creative with your Facebook status.
Telling prospects that you’re planning three open
houses this weekend, creating a virtual tour,
preparing a market analysis or that you are excited
about the market are subtle ways to remind
prospects you are active in the business. Also, be
sure to publish a variety of tips for your clients such
as greening your home, winterizing, and staging.
Mix it up with a balance of video, audio and online
articles. If you discover local events or community
news that is of general interest to your market, be
sure to publish those nuggets as well since they
have great pass-along value.
This two-part article continues next month with a
focus on Facebook Fan Pages, the Facebook
Marketplace, Facebook Ads, Google Reader and
Bit.ly.
Rob Uhrina is the Vice President of Marketing and
Communications for the WRA.
Western Wisconsin &
Southeast Minnesota
(Licensed in Both States)
Serving
La Crosse and
Surrounding
Communities
Remember, you are in front of a live
audience at all times. Perception is
everything. Rage, rants, saucy details about
your weekend and moments of political
insanity can scare prospects. If you must post
something provocative, be sure to apply
security (using the padlock icon) to protect
your wall post from unintended eyes.
or just simply publish a backlink to new listings
on your Web site.
Jo Baldridge,
CRS, GRI, CHMS
608-797-0337
[email protected]
www.JoBaldridgeRealtor.com
Serving Clients on Both Sides of the Mississippi
|
may 2010
27
public affairs
Pier Grandfathering Deadline
Is Approaching
By tom larson
W
aterfront property owners with
larger, existing piers have until
April 1, 2011 to register their piers
with the Wisconsin Department of Natural
Resources (DNR) if they want to grandfather
their piers from future DNR enforcement
actions due to noncompliance with new pier
size standards.
•
Background
•
On April 1, 2007, Governor Doyle signed into
law the Pier Protection Act (2007 Wisconsin
Act 204), legislation that grandfathers 99% of
all existing piers from future regulations.
The new law became necessary after dimensional
standards for piers were added to the Wisconsin
Statutes for the first time in 2004. While these
new standards were intended to apply only to
new piers (those installed for the first time after
2004), attempts were made by some regulators
to apply them retroactively to existing piers.
As a result, thousands of existing piers could
have been declared illegal and been forced to be
removed or downsized.
With the enactment of the Pier Protection
Act, waterfront property owners with existing
piers now have clear standards as to what size
of pier is allowed without obtaining a special
permit from the DNR. Specifically, the new law
contains three different regulatory schemes for
existing piers, depending upon the size of the
pier and the platform at the end of the pier.
While the law itself doesn’t name the different
regulatory schemes, it is easier to understand
the regulations if existing piers are classified in
the following manner with respect to their size
– regular, big, and too big.
•
•
Neighbors – does not interfere with the
riparian rights of other riparian owners.
(Generally, this means that the pier and
boat hoists do not extend beyond the
owner’s property line.)
ASNRI waters exception – is not located
in an area of special natural resource
interest.
If an existing pier exceeds the “regular pier”
standards above, the pier may qualify for
grandfathering if the following placement, size
and registration requirements are met:
•
Date – must have been originally placed
prior to February 6, 2004
•
Width – no more than 8 feet wide
•
Platforms – a larger deck/platform is
allowed as long as it is located at the
lakeward end of the pier and the platform
has a surface area of:
If a pier (existing or new) meets the following
standards, the property owner does not need to
obtain a permit or register the pier:
•
•
Length – extends no farther than a 3-foot
water depth or deep enough to moor a boat
•
•
Width – no wider than 6 feet at any point
on the pier
Number of boat slips – has no more
than 2 boat slips for the first 50 feet of
shoreline frontage, and 1 boat slip for each
additional 50 feet of shoreline frontage
– Registration with the DNR is free of
charge. Property owners may also choose
to record the registration form with their
local register of deeds.)
•
|
•
200 square feet or less (any width), or
•
Between 200 square feet and 300
square feet, if the deck/platform is no
wider than 10 feet.
Neighbors – does not interfere with the
riparian rights of other riparian owners.
Registration – the pier is registered
with the DNR no later than April 1, 2011.
Registration forms can be obtained at
http://dnr.wi.gov/waterways/permit_
apps/Pier_Registration_Form.pdf. (Note
may 2010
ASNRI waters exception – is not located
interest.
Piers That Are Too Big
An owner of an existing pier that exceeds the
“regular pier” and “big pier” standards above
can do one of the following:
•
Do nothing and wait to see if the DNR
brings an enforcement action against the
owner;
•
Modify the existing pier to bring it
into compliance with the “regular pier”
standards; or
•
Apply for an individual permit from the
WDNR (http://dnr.wi.gov/org/water/fhp/
waterway/piers.html#step3). (Note – no
permit fee will be imposed).
Big Piers
Regular Piers
28
Platforms – a maximum 8 feet long by
8 feet wide loading platform at the end
of a 6-foot-wide pier, if it is NOT located
interest (ASNRI) waterbody. To make this
determination, visit the DNR’s website at
http://www.dnr.wi.gov/org/water/data_
viewer.html.
Under the new law, the WDNR must approve an
application for an individual permit to keep an
existing pier unless the WDNR can prove that
the pier does one or more of the following:
a.
Interferes with public rights in navigable
waters
b.
Interferes with rights of other riparians
c.
Extends beyond a locally established
pierhead line
d.
Violates a local ordinance
e.
Does not allow the free movement of water
underneath
If a permit has already been obtained for an
existing pier, no new permit is necessary as long
as the terms and conditions of the permit are
followed.
For more information on pier regulations,
please contact Tom Larson ([email protected])
at (608) 240-8254 or visit http://dnr.wi.gov/
waterways/recreation/piers.html.
Tom Larson is Director of Regulatory and
Legislative Affairs for the WRA.
news.wra.org
Paying too much for your health coverage?
Lower your health care costs, not your expectations.
We know how busy you are, so we
make it easy for you to go online
and view, price, and apply for the
health coverage that best fits your
needs. We make it easier for you to
concentrate on your growing your
client list!
Call today and let
us help find a
solution that's
right for you.
REGIT, INC.
Authorized Independent Agency
(800) 537-9786
1200 Roosevelt Road
Glen Ellyn, IL 60137
[email protected]
www.regitinc.com
REGIT, Inc. with Broker Resources is an independent authorized
agent in Wisconsin for Anthem Blue Cross and Blue Shield.
Anthem Blue Cross and Blue Shield is the trade name of Blue Cross Blue Shield
of Wisconsin ("BCBSWi"), which underwrites or administers the PPO and indemnity
policies; Compcare Health Services Insurance Corporation ("Compcare"), which
underwrites or administers the HMO policies; and Compcare and BCBSWi
collectively, which underwrite or administer the POS policies. Independent licensees
of the Blue Cross and Blue Shield Association. ® ANTHEM is a registered trademark of Anthem Insurance Companies, Inc.
The Blue Cross and Blue Shield names and symbols are registered marks of the Blue Cross and Blue Shield Association.
3&"40/4UPVTFUIF
1
2
3
4
5
Only $1000 cash required to close
Job loss mortgage payment protection
Mortgage from a name you can trust
Low, 30-year ﬁxed interest rate
Your customer’s loan serviced by WHEDA
Discover the WHEDA Advantage for your ﬁrst-time home buyers. Income and purchase price limits
apply. To learn more, go to wheda.com/Realtors/. Follow us on Facebook!
WISCONSIN HOUSING AND ECONOMIC DEVELOPMENT AUTHORITY
201 West Washington Ave ■ Madison, WI 53703
800.334.6873 ■ www.wheda.com

Environmental Issues - Wisconsin REALTORS® Association

Transcription

Similar documents

1892 - Weinbrenner

REVIEW - REALTORS® Association of South Central Wisconsin

2016 Concert Schedule

PDF - Friends of Interstate Park

the PDF

Royal LePage Dynamic Real Estate Brochure

View - Christian PhoneBook

Cruisin` at the Wilson Center

Western Wisconsin Tour