Whats in a Name: Lease Construction

The lease, that we provide our owners, is the best lease I’ve ever seen in my 16 year career. It has been drafted by our attorney.

What does that mean for you, an owner, considering hiring Solutions Property Management? It protects YOU and is written by our attorneys. It is custom and contains verbiage which has been selected to protect YOUR rights and interests and we only charge a minimal fee for this. For a minimal fee, YOU get the highest protection and peace of mind. We also offer discounted rates for compliance forms and minimal fees for evictions, if you utilize this service.

Bottom line, If you opt-out of this service, you may be responsible for sizeable attorneys fees (possibly thousands of dollars). Please contact Rachel DeCamp for additional information.

Ten million Florida homeowners are watching vacation rental bills

Florida is home to the largest number of residents living in a community association. 

Some 10 million homeowners live in neighborhoods with community associations and are protected by time-honored, deed restrictions adopted by a majority and, in some cases, a super-majority vote of those who pay the bills and will be most impacted by them — homeowners. 

These homeowners voluntarily pay more than $2 billion every year to protect their quality of life, home values and property rights through enforcement and compliance through deed restrictions. 

Now, renting out one’s home or a bedroom on a short-term basis is nothing new. However, our laws have not kept up. In fact, Florida actually went the other way to benefit those who exploit home-sharing as for-profit, commercial businesses under the false pretense of “property rights.” 

And guess where those unregulated, commercial businesses with no offices are headquartered?

Right inside Florida’s neighborhoods. 

Mark Anderson

Mark Anderson (Photo: CONTRIBUTED PHOTO FROM MARK ANDERSON)

These unregulated businesses then went even further and convinced our Legislature to remove what little oversight that existed — with some exceptions for cities who had existing rules — leaving our neighborhoods exposed as a last line of defense against unregulated proliferation of these commercial businesses.

Our neighborhoods, in many cases, changed almost overnight. 

A buyer’s market is a good thing, but in neighborhoods, the opposite happened. 

While some associations already had protections in place, many did not. Those which did not amended their covenants to halt further proliferation of these commercial businesses inside their neighborhoods, and those efforts continue to this day. 

In the 2018 legislative session, some of these commercial operators tried to remove any local government or neighborhood oversight. The Florida Legislature thankfully sided with homeowners and rejected this idea.

However, this year, some lawmakers are backing bills to remove the last vestiges of the few remaining local rules in place to protect the public. These bills unequivocally state that constitutional  “property rights” apply to anyone who chooses to rent their home, or multiple homes or hundreds of homes by the night, with no regard for the rules they agreed to comply with. 

They say that because vacation rentals are “residential in nature,” they therefore are permitted to exist in our neighborhoods, again, with no acknowledgment of the rights of millions of our fellow Floridians who contractually agreed to play by the rules.

At best, these bills — House Bill 987 and Senate Bill 824 — create confusion and conflict with adopted or yet-to-be adopted protections for our neighborhoods, forcing our associations to increase costs by hiring pricey lawyers to defend the rights of their homeowners. 

At worst, these bills violate deed restrictions for an entire neighborhood by allowing anyone who owns a home — or hundreds of homes they don’t live in — to disregard the rules, which they, as a homeowner, legally agreed to comply with. 

This is wrong for our homeowners, our economy and our state. 

Ten million Florida homeowners who vote, who pay their taxes and pay even more to protect their way of life are depending on our Legislators to stand up, once again, for them and oppose these bills.

And they will be watching.

Mark Anderson is executive director of the Chief Executive Officers of Management Companies, representing management of more than 14,000 homeowners associations, more than 18,000 managers, and more than 6 million homeowners.

Source:
https://www.tcpalm.com/story/opinion/contributors/2019/04/15/ten-million-homeowners-watching-vacation-rental-bills/3448311002/

Furnished Vacation Rental: 2-Story Townhome on Sykes Creek 3BR/2½BA

Available nightly, weekly, monthly, or long-term.
Scroll for full feature list.

104 Parrotfish Ln 101, Merritt Island, FL 32953
$2,900.00 Monthly or $1,000.00 A Week.

Come enjoy this incredible vacation home available Nightly, Weekly, Monthly, or long-term! Brevard’s newest and Premier Waterfront Community located at Stunning Cape Crossings. Property sits just off SR528, west of the Barge Canal on Merritt Island. Kennedy Space Center, Port Canaveral, and beaches, are just minutes away. OIA is 40 minutes away. This Stunning corner unit is located water side and a few steps from the Boat Slips and Pier. This Key West Style Two story Town Home is fully furnished and decorated with nautical flare. All utilities including wifi are included in stay. Resort Community offers pool, sauna, fitness center, and much more. Boat Slips are available for rent through the marina, Rates may vary.

Directions: SR 528 east to exit St Rd 3-Courtenay Blvd to North over Barge Canal. Make U turn to then right into Cape Crossings.

Brochure: CCR_brochureE

Property Features

Bedrooms

  • Bedrooms: 3
  • Split Bedroom: Yes
  • Master Bedroom/Bath: Shower, Walk-In Closet

Bathrooms

  • Baths – Full: 2
  • Baths – Half: 1

Exterior and Lot Features

  • Lot Description: Corner Unit
  • Patio
  • Porch
  • Dwelling View: Direct, Water View

Interior Features

  • Breakfast Bar
  • Built-In-Features
  • Ceiling Fan(s)
  • Kitchen – Island
  • Open Floor Plan
  • Security/Safety: Smoke Free

Building and Construction

  • Style: 2 Story
  • Style: 2
  • Construction: Combination
  • Roof: Shingle – Wood
  • Total Floors in Bldg: 2
  • Exterior Finish: Siding
  • Floor: Carpet, Tile

Waterfront and Water Access

  • Waterfront Type: Canal Navigation,Sykes Creek

Garage and Parking

  • 1 Car Garage
  • Number of Garage Spaces: 1

Heating and Cooling

  • Heat: Electric
  • Cooling: Electric
  • Water Heater: Electric

Utilities

  • Electric
  • Sewer
  • Telephone

Appliances

  • Dishwasher
  • Dryer
  • Range – Electric
  • Refrigerator
  • Washer

Amenities and Community Features

  • Water Amenities: Dock/Slip Community

Pool and Spa

  • Pool-Private or Community: Yes
  • Pool – Private: No
  • Pool – Community: Yes
  • Pool Features: Hot Tub/Spa, Inground

Other Property Info

  • City: Merritt Island
  • State/Province: FL
  • County: Brevard
  • Area: 250 – N Merritt Island
  • Subdivision/Condo Nm: CAPE CROSSINGS
  • Directions: SR 528 east to exit St Rd 3-Courtenay Blvd to North over Barge Canal. Make U turn to then right into Cape Crossings.
  • Tax ID: 24-36-11-00-00505.0-0000.00
  • Condo Unit #: 101
  • Front Door Faces: S
  • Property Subtype: townhouse

Rental Info

  • Rent Includes: Basic Lawn Maint, Cable, Electric, Pest Control, Pool Maintenance, Sewer, Trash P/U, Water
  • Furnishings: Full

Call Rachel DeCamp, 321-403-7155, or email 

AAA: Are You Properly Insured for the Unexpected During the Busy Holiday Season?


#SolutionsPropertyManagement provides Supplemental #TenantAccidentalInsurance (up to $100,000.00) at no cost to the owner and with no deductible. So, if OUR tenant has a fire, related to a #Christmastree (or any other accident), they will get $100K towards damages!

AAA– With the Holiday season in full swing, making sure they have selected the proper insurance coverage is probably the last thing on the minds of many consumers.

“There are several hazards that can occur during the hustle and bustle of the holiday season,” said Tony Alberton, Florida Field Vice President for AAA-The Auto Club Group.

“Making sure you have selected the proper insurance coverage is key to mitigating any issues that may arise during this time of year.”

Since it is the season of giving, some consumers will be making big-ticket gift purchases and many don’t consider their insurance coverage.

When looking to make an expensive or unique gift purchase, AAA recommends consumers speak with their insurance agent to determine if the item needs to be scheduled on their home, condo or renters policy.

According to a recent AAA Consumer Pulse survey, only one in four Florida home insurance policyholders actually have scheduled personal property coverage.

Another common hazard that occurs throughout the holiday season is theft. Around this time of year, theft can come in many forms, including home break-ins, packages stolen from porches, vehicle thefts, and even vehicles being broken into.

If valuables, such as shopping bags and gifts, are left in plain sight it can be attractive to smash-and-grab burglars.

“When leaving your vehicle in a parking lot, make sure shopping bags and gifts are not visible through the car window,” said Matt Nasworthy, Florida Public Affairs Director, AAA-The Auto Club Group.

“Putting your bags in the trunk or another place where they are not visible can help prevent vehicle break-ins.”

Consumers should also make sure they have the proper coverage for this type of incident. A vehicle break-in is typically covered under the comprehensive portion of an auto policy, but it does not cover any personal items that may have been stolen from the vehicle.

A claim for those items can be filed on a home, renters or condo policy. Coverage is subject to all policy terms, conditions, exclusions and limitations.

Video: http://spacecoastdaily.com/2018/12/aaa-are-you-properly-insured-for-the-unexpected-during-the-busy-holiday-season/

7 Renter-Friendly Kitchen Updates

Residing in a rental doesn’t have to mean living vicariously through your decor inspo Pinterest Board. While you may feel stuck with those dated built-ins and hardware, there are actually plenty of temporary kitchen upgrades that *don’t* involve losing your security deposit. Scroll down for a few ways that you can jazz up your space in just one day.

1. Create a Kitchen #Shelfie: Remove the cabinets from one bay and style your prettiest ceramics and canisters for an Instagram-worthy shelving moment.

2. Update the Fridge: Some peel-and-stick wallpaper is all you need to make an old refrigerator stand out. Go with a solid color or opt for a gorg pattern for a big statement.

3. Add More Storage: Bookshelves aren’t just for the living room and bedroom. Move a unit into the kitchen to show off your best glassware, colorful cookbooks, and lush plants.

4. Color Code Your Collection: Get some extra work out of your kitchenware by arranging it by hue and putting it on display.

5. Create an Arty Backsplash: No room in a sea of cabinets to hang your favorite prints? Get a little creative with your decor and use art as an edgy backsplash.

6. Switch up the Pulls: Replacing the cabinet hardware is a simple task that makes a HUGE difference. Just be sure to stow away the old knobs so that you can swap them back before you move.

7. Stock up on Storage: Maximize any limited cabinet and wall space by installing picture ledges/hooks for a little art, decor, and your favorite patterned kitchen textiles.

Looking for more rental upgrade ideas to accomplish this weekend? Follow us onPinterest for more home inspo!Allison WheelerAllison Collins lives in Denton, Texas with her husband and two dogs. She is a honky tonk connoisseur, Bruce Springsteen enthusiast, and proud member of the West Texas Cloud Appreciation Society.

Starbucks Failure to Send a Letter Results in Class Action Lawsuit

A word from Rachel Decamp: An adverse action is a very important document that must go out whenever an owner declines an application for winter. Solutions Property Management will, and has always, followed Fair Credit Act and the rights of applicants. Some companies are not doing this which is causing lawsuits and eventually penalties and legal fees that are very expensive.

It’s important to owners to know that our background screenings are conducted thoroughly and accurately so that they can make the best decision on a potential renter. We will always conduct business accurately and within the Fair Credit Reporting Act (FCRA).

Piece from Fidelity Data Service:

Kevin Wills applied for a job with a Starbucks store in Buford, Georgia and as a precondition of employment a background check was conducted.

In an all too familiar scenario, he was denied a job based on a faulty background report. The background screening company reported that he had been twice convicted of domestic violence. Several glaring problems escaped the eye of both the background screening company and Starbucks. First the criminal report pertained to a Kevin Willis, not Kevin Wills. Second, Willis was from Minnesota and not Georgia. The report did not report whether the dates of birth and other data were in agreement with both individuals which raises other problems as well.

Based on the bogus report, Kevin Wills was telephonically advised that he would not be hired based on the investigative background report. It was Starbucks standing procedure not to supply the applicant with a “pre-adverse” letter including the investigative report. This practice is a clear and flagrant violation of the Fair Credit Reporting Act (FCRA), the Federal law that regulates background screening. The purpose of the regulation is to give the applicant an opportunity to dispute any inaccurate information prior to having any adverse action taken against them.

According to Starbucks, it operates over 25,000 stores worldwide so the class of plaintiffs could be enormous. That translates into a potential multi-million-dollar payday because every applicant violation performed makes the defendant liable for damages of $1,000 plus punitive damages in an amount to be determined by the jury.

It’s amazing how failure to follow simple rules makes corporations liable for multi-million dollar judgements.

Source: http://www.fidelitydataservice.com/us/2018/11/17/starbucks-lawsuit/

2019 Florida Vacation Rentals Act revival may come too late for some

David Hefner bought a three-bedroom home with a pool on Treasure Island near Clearwater for $700,000 in November as a “secondary residence” his West Virginia family would enjoy several times a year. He invested another $100,000 in improvements and renovations. “The home has everything – and it’s on the water,” he said.

Hefner said he always intended to buy a beach-area home that he could offer as vacation rental. Without subsidizing his mortgage payments with rental income, he could not afford such an investment.

His prospective neighbors were doing it. There were dozens of single-family homes in Treasure Island and surrounding areas listed on digital vacation rental sites such as Airbnb, VRBO and HomeAway, he noticed.

Hefner did so, too. Within two months, “I had 22 weeks booked,” he said.

At $3,000 a week, Hefner anticipated about $60,000 in rental income from the home.

But that money instantly disappeared in a visit from a Treasure Island code enforcement officer.

Hefner said the officer told him he was responding to an “anonymous email” alerting him that Hefner was violating the city’s short-term rental ordinance that prohibits single-family homes from being rented for any period of time more than twice a year.

The officer explained the city was responding to a rash of complaints regarding “illegal rentals” and there could be “no exception to the rule,” Hefner said.

He had to cancel his bookings and hope the proposed Vacations Rental Act was adopted by the Legislature during its 2018 session.

“Knowing that the law might change, it was a glimmer of hope,” he said, noting the digital sites all assess the state-local 13 percent sales tax, meaning he would have paid $7,800 in taxes to local and state governments.

The Vacations Rental Act – Senate Bill 1400, sponsored by Sen. Greg Steube, R-Sarasota, and House Bill 773, sponsored by Rep. Mike La Rosa, R-St. Cloud – imposed state preemption in regulating short-term rentals.

The bill proposed removing short-term vacation rentals from hotel and motel regulations, and establishing a uniform inspection program conducted by the state’s Department of Business and Professional Regulation (DBPR).

Proponents said state preemption was necessary to protect private landowners rights and unshackle the restrictions on private homeowners – such as Hefner – to participate in a growing $31 billion state short-term rental industry from a restrictive local regulation.

Opponents, including local governments and the state’s hospitality industry, argued the bill would preclude homeowners from managing their own neighborhoods, claiming it was another example of the Republican-led legislature using preemption to strip municipalities of their capacities to address street-level concerns.

SB 1400 passed the Senate Regulated Industries Committee, but never made it out the chamber’s appropriations and community affairs committees for a floor vote. HB 773 also never made it out of committee. Similar 2017 bills shared the same fates.

Proponents say the measures got lost in the time crunch after the Valentine’s Day school shooting in Parkland became a pressing priority during the last three weeks of the 60-day session that adjourned March 9.

Opponents said pressure by local government advocates and hotel industry representatives, such as the Greater Miami and The Beaches Hotel Association, made passage highly unlikely.

Nevertheless, Vacation Rental Act proponents say they will try again to get the bill introduced and passed in 2019.

Florida Vacation Rental Management Association (FLVRMA) President Jennifer Frankenstein-Harris told members that despite bills restricting local regulation of short-term rentals failed two years in a row, the fight is not over but just beginning.

“The truth is, we are only in the midst of this discussion,” she said. “As president, I personally guarantee the Florida Vacation Rental Management Association will continue to bring forth education and a fierce determination to fight for the rights of property owners across the state of Florida. I assure you this fight is far from over.”

Florida Airbnb spokesman Benjamin Breit said “it’s too early to tell” if Airbnb will again lobby for the measure, noting it will be querying November election candidates about their views on vacation rentals.

“From our post-session conversations with state lawmakers and our 45,000-plus statewide hosts, it certainly appears there is an appetite to revisit this issue in order to provide regulatory certainty for an industry that infuses hundreds of millions of dollars into Florida’s economy,” Breit said.

Indeed, the vacation rentals issue could be a state Legislature campaign issue, said Kurt Wenner, vice president for research with Florida TaxWatch.

Wenner said Florida TaxWatch has never taken a stand on the issue but may do so soon. “That is something that we are considering taking a look at,” he said. “What kind of impact it has” on local governments and on housing values.

“Is it good or bad?”

If regulatory relief does come in 2019, it will likely be too late for Hefner.

“It’s a bummer to see that the bill was not addressed during their last session,” he said. “I’m going to need to sell my home because of local city regulations.”

“In fact,” he added, “my Realtor is actually at the house now.”

Photo credit: Mark Winfrey | Shutterstock

By John Haughey | Watchdog.org

Publix to build new prototype grocery store in Indialantic on State Road A1A

The mystery Indialantic grocery store has been identified: Publix will build a concept store on State Road A1A alongside the Indialantic Center shopping plaza, across the highway from Sunrise Park.

“No it’s not a Greenwise, it is a Publix but nothing like anywhere around here (literally). They call it a Prototype or Concept Store, the design and products are designed around the special communities they support,” Indialantic Mayor Dave Berkman posted Tuesday night on Facebook.

“Someone mentioned they had recently been to one in Gainesville, ours will be similar but not exactly like it. I expect it will have fresh prepared foods, specialty meats/cheeses, organic, cafe seating inside and outside, etc.,” he wrote.

The prototype Publix may open by the end of 2019 or early 2020, said Matt Williams, partner with Matthew Development.

“We’re very excited to bring this level of tenant to a smaller town who we think could really use another grocery use. We’re excited — and we hope the residents are as well,” Williams said.

Berkman made the Publix announcement after the Indialantic Zoning and Planning Board approved the site plan Tuesday night.

Additional permits and approvals are required to make the store a reality. For example, Town Council must approve a stormwater maintenance agreement, Town Manager Chris Chinault wrote in a memo to Zoning and Planning Board members.

The 2.9-acre site is located at the northwest corner of SR A1A and Watson Drive. The proposal surfaced at Town Hall back in August — but the grocery store company remained unidentified, sparking social media speculation.

Hairteck and Sun Clean Dry Cleaners will be razed to clear room for the 27,251-square-foot grocery store with 110 parking spaces. Both businesses will move elsewhere, Berkman announced in August.

Messages seeking comment were left for a Publix media spokesman Wednesday morning.

Source: Florida Today