Trying to make since of the convoluted process of appealing your recent increase in property value by Jackson County is almost as difficult as understanding how everyone in Jackson County could have possibly had an increase in property value in a down real estate market!

Let me try to make some since of this for you, or as much as can be made from this madness. Oh and thanks for Visiting Turn-Key Properties LLC!

County authorities use a home's appraised value to determine its assessed value, which then is used to compute the homeowner's tax bills. Missouri authorities assess homes at 19 percent of their appraised value, and Kansas authorities assess homes at 11.5 percent of appraised value. Jackson, Clay and Platte counties in Missouri, where properties are reassessed each odd year.

Firstly; they are from the government and they are here to help you. Everyone knows that paradox and the reality is they are only there to help themselves and keep your money!  So it is up to you to fight to keep what is rightfully yours!

The deadline for filing an appeal for your inflated tax appraisal for 2012 is as follows:
If you are not satisfied with the market value placed on your property or you feel your reassessment notice is incorrect, you may request a review of assessment with an appraiser by calling (816) 881-4601 no later than May 28, 2012. (But they won't actually answer the phone)

Your appeal must be filed to the Board of Equalization on or before July 9, 2012. Hearings will be scheduled after July 10 and thru August 25, 2012. The Board of Equalization may increase, decrease or maintain the current market value at your hearing.

If you do not appear at your scheduled hearing, the Board will value your property based upon the evidence presented. This may result in an increase, decrease or no change in value. In advance, please inform the Board of Equalization by written request of any conflicting dates during the month of July and August.

As Described on the Jackson County Web Site

Below you will find a copy of the form (in triplicate) that you must go to the courthouse to obtain! My trip to the courthouse involved being sent back through the scanner repeatedly for tiny objects that set off the metal detectors. I had to remove my belt, empty my pockets and disrobe to the point that I had to go to the bathroom to put my clothing back on!  (Read More Below)

God help the average Joe wanting to file for this, I am a real estate broker and it took me hours of research to make the first attempt at it. The system is designed to keep you from pursuing this fundamental right so they can confiscate your income.

OK so here is what you do, find a real estate agent and ask them for a Comparative Market Analysis (CMA) for your home. That CMA should include sales of similar properties in relative proximity to your home within the last 6 months. Most agents will provide this service for a fee or some may even do it for free. If no comps are available within the 6 month time frame they may need to expand the search area or extend the time period. (Turn-Key Properties LLC can provide the CMA) The CMA should also provide you with a suggested sale price, that will likely be much lower than what Jackson County has Appraised your property for.

Take that CMA and Fax it to Mrs. Brisbin at : 816-881-4652, you may also email it to mbrisbin (@) jacksongov.org (I broke it up to prevent spammers from finding it). You should also call (816) 881-4601 immediately to tell them that you are faxing or sending it over.

Now go down to the courthouse and obtain your copy of the form above! Don't just download this one they may not accept it! Their forms are tri-colored and in triplicate!

Now after all this they told me I may not need to fill out and send in the appeal forms, as they will review the CMA I sent in. Just in-case I plan to have the forms filled out and ready to be submitted by the DEADLINE of July 09, 2012!

The Board of Equalization... (sounds like something from an Ayn Rand novel!)

OK, so now you've hopefully submitted your CMA and have your Board of Equalization Real Estate Market Value Appeal form. the following are a few of the requirement they "suggest" for you. I'm quoting from their documents, I will also include some of those documents below.

The Board requests on all new purchased, foreclosure and rehabed -{sic} properties "A Written Estimate of Repairs from a Legitimate Contractor". Oops, sorry they put theirs in ALL CAPS, misspellings and all!

More like this...:
BOARD OF EQUALIZATION GUIDELINES

YOUR APPEAL MUST BE RETURNED TO THE BOARD OF EQUALIZATION BEFORE JULY 09, 2012.

HEARINGS WILL BE SCHEDULED AFTER JULY 09, 2012 THRU AUGUST 25, 2012.

IF YOU DO NOT APPEAR AT YOUR SCHEDULED HEARING YOUR APPEAL MAY BE DISMISSED.

THE BOARD OF EQUALIZATION MAY INCREASE, DECREASE OR MAINTAIN THE CURRENT MARKET VALUE AT YOUR HEARING.

Below find the remainder of the documents, requirements, "suggestions" and rules!

Well, I hope this helps! I wish I could have penned this earlier but it has taken me this long just to learn how this crazy system works! If we can help you with this or any other real estate question please feel free to contact us!

Turn-Key Properties LLC

This is a common and somewhat tricky question I hear from our property management clients. Can I refuse to rent to Section-8 tenants, or do I have to accept them?

What is Section-8 and the HAKC? I sum that up in this article!

Like most things the government is overseeing the answer is as convoluted and difficult as figuring out your taxes. While it may not be illegal on a federal level it may be a violation of some statute or regulation in your state or municipality.

New York, for instance has ruled that refusing to accept a section 8 voucher from an existing tenant is somehow discriminatory. I have attached a document below detailing that court battle.

While that ruling appeared to address only existing tenants who later qualify and receive section 8 funding, it left open (at least by my reading) the choice of refusing to rent to section 8 tenants who are applying to rent your property. That said I wouldn't want to be the one facing some liberal New York judge to be the test case for their axe to grind.

By the same token, a California court has held that a landlord may refuse to accept section 8.  I will also attach that document below.

In a case with important and lasting implications for landlords, the California Courts of Appeal has found that a landlord may legally refuse to participate in the Section 8 Program.1 This important case interprets the California Fair Employment and Housing Act (“FEHA”), and in particular, California Government Code Section 12955 which prohibits discrimination based upon source of income. The Court of Appeal’s decision ends several years of conflict between tenant advocacy groups and landlords who disputed whether FEHA prohibited a landlord from refusing to accept Section 8 rental assistance payments.

Once again this was decided, as well it should be by a State Court and not a Federal Court! But the fact remains that none of us want to be the bellwether case that makes it to the Supreme Court of the US!  Most of these cases are handled outside of a courtroom because of the heavy-handed tactics of HUD and their contractors most of these cases never see the light of day. Most landlords are frightened into submission and settle before it ever become public.

You can read how HUD uses extortion and coercion to entice guilty pleas form their victims in this article, Fair Housing Truths and Myths.

Since our clientele is mostly investing in the Midwest, how do these two extremely liberal state court rulings affect us here in fly-over country? The answer is simple what happens on the coast is usually a harbinger of what is to come to the rest of America.

Sadly as America drifts more closely to the shores of shared misery brought to you by socialism and liberalism, we also are drifting headlong into more and more government intrusion in our lives and our businesses. This year because of a new pool regulation my favorite public pool won't be opening. This pool was operated as a not-for-profit and on a shoe-sting budget. With the new Obama Pool Rules they simply cannot afford to open.

So here are my suggestions on dealing with this question:

• Never advertise or state that you do not accept Section-8
• Have a written policy of minimum criteria for rental applicants
• Always state that the home MAY NOT QUALIFY for section-8! Since most housing authorities have inspection requirements there is as yet, no law requiring you to submit to those inspections or make their required repairs. 
• If asked if you accept section-8 your response should never be no!
• If a tenant with a section-8 voucher wishes to apply for your rental unit DO NOT REFUSE! This could be seen as discrimination and wind up getting you into a big mess. You should take the application and explain to them your policy of minimum criteria for rental applicants! 

We are not lawyers, please do not rely on us for legal help! If you are unsure of the laws or regulations pertaining to your questions please seek the professional help of an attorney!  DISCLAIMER

HECM Servicing Frequently Asked Questions (FAQs)

With more and more HUD, Fannie May and other Government held foreclosures on the market it is becoming much more common to see homes listed with the phrase...
"PROPERTY IS BEING SOLD SUBJECT TO 24CFR 206.125" So I have attached here the Frequently asked questions document from HUD to help explain this convoluted mess.

Thanks for visiting Turn-Key Properties LLC

Okay, you acquired a small commercial property, maybe your uncle left it to you or you managed to get a good deal on it. Now you're looking to lease it up and start raking in the big bucks like Trump!

You jumped online to find a commercial lease you could use and you wound up here.

The first thing you need is to understand the terms that are common in the commercial leasing industry, otherwise the forms will do you little good.

CAM (Common Area Maintenance) : Amounts charged to tenants for expenses to maintain hallways, restrooms, parking lots, and other common areas. This may also include taxes, insurance, common area lighting, lawn care and snow removal. Building maintenance and improvements and even special assessments like road, sewer or water upgrades. CAM fees can escalate at a different rate than the monthly lease rate because they tend to be more variable. Your lease should differentiate between variable and fixed CAM fees. (see terms Net Lease and Gross Lease!

Gross Lease: In a gross lease, the tenant pays a flat rental amount and the landlord pays for all property charges regularly incurred by the ownership. Most apartment leases are gross leases. .

Modified Gross Lease: The industrial modified gross lease is common among multi-tenant industrial buildings. As with a modified gross lease, the landlord will generally pays for the base year property taxes and building insurance. Tenants are generally responsible for their share of common area operating expenses and common area utilities.  Services that the Landlord provides differs from lease to lease.

There are numerous types of modified gross leases that are commonly utilized in multi-tenant office buildings. A modified gross lease is similar to a full service gross lease, except that some of the base services are not included by the landlord (taxes, maintenance, insurance and utilities). The most common types of modified gross leases excludes maintenance, janitorial and electrical. This type of lease is commonly utilized in medical office buildings or multi-tenant single floor office buildings, where different tenants have varying needs for electrical or janitorial services. In general, this type of lease requires separately metering individual office suites to determine electrical usage. Generally in a modified gross lease the Landlord has the right to expense pass-throughs utilizing a “base year.”

Net Lease: In commercial real estate, a net lease requires the tenant to pay, in addition to rent, some or all of the property expenses which normally would be paid by the property owner (known as the "landlord" or "lessor"). These include expenses such as real estate taxes, insurance, maintenance, repairs, utilities and other items.
 
Single net lease: In a single net lease (sometimes shortened to Net or N), the lessee or tenant is responsible for paying property taxes as well as the base rent. Double- and triple-net leases are more common forms of net leases because all or the majority of the expenses are passed on to the tenant.

Double net lease: In a double net lease (Net-Net or NN) the lessee or tenant is responsible for property tax and building insurance. The lessor or landlord is responsible for any expenses incurred for structural repairs and common area maintenance. "Roof and structure" is sometimes calculated as a reserve, the most common amount is equal to $0.15 per square foot.

Triple net lease: A triple net lease(Net-Net-Net or NNN) is a lease agreement on a property where the tenant or lessee agrees to pay all real estate taxes, building insurance, and maintenance (the three "Nets") on the property in addition to any normal fees that are expected under the agreement (rent, premises utilities, etc.). In such a lease, the tenant or lessee is responsible for all costs associated with the repair and maintenance of any common area.

PROPORTIONATE SHARE: (Pro Rata) The Tenant’s proportionate share of operating expenses are calculated on a square footage basis. Tenant’s Sq. Ft. divided by Total Building Sq. Ft. = Tenant’s proportionate share 

BASE YEAR: A “Base year’ is typically utilized in multi-tenant full services gross office building leases to determine “base” cost for operating expenses within the project. The base operating expense account is the floor over which any increases in operating expenses will be passed on to the tenants of the building. In general, a base year is calculated on a calendar year basis or the first 12 months of Tenant’s occupancy.

EXPENSE STOP: An expense stop is the preferred method for expense calculation by a Landlord. This vehicle allows a Landlord to estimate the approximate expenses the building will incur and the tenant is responsible for payment of their proportionate share of actual operating expenses over the estimated expense stop. This is rarely utilized anymore as it led to fraudulent estimates of expenses in the past and unexpectedly high operating expense pass-throughs to tenants.

DISCLAIMER: I am not an attorney, these forms are provided free of charge and I am not liable for any thing you do! Turn-Key Properties LLC our employees, pets, friends, family members and contractors are completely exempt from your stupidity! I/we strongly suggest you consult an attorney, lawyer, tax adviser and maybe even a member of clergy before using something you found online! By clicking on these links and downloading these forms you completely exonerate and exempt us and anyone else from your actions. These documents were posted March 20, 2012 and may or may not meet your state, local or municipal requirements. May God have mercy on your soul!

So you want to be a landlord, personally I'd advise you to hire a property manager but I'm generally very willing to help you get started. Most people simply aren't cut out for the unpleasant experiences that come with managing rental property, especially residential property.

So to get you started I thought I'd give you a few pointers and offer some free forms to use and well as some free advice.

Like everything else in America, there are so many stupid rules and laws you are required to abide by it would make your head swim. Most everyone knows you can not discriminate against anyone based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

But there is much more to the restrictions and guidelines... Lead Based Paint forms and signatures you must obtain on government documents. There are so many ways to get fined, sued or even jailed it would make your head spin around and toss some pea soup!.
Here are a few...

Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial
assistance.

Section 504 of the Rehabilitation Act of 1973
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.

Section 109 of Title I of the Housing and Community Development Act of 1974
Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.

Title II of the Americans with Disabilities Act of 1990
Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.

Architectural Barriers Act of 1968
The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.

Age Discrimination Act of 1975
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.
Title IX of the Education Amendments Act of 1972
Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.

Fair Housing-Related Presidential Executive Orders:

Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.

Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin.

Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.

Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.

Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities.

Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.

As you can see this list just keeps getting more and more ridiculous!  Just wait til you are hauled into one of these Kangaroo Court "investigations", you will wish you had never invested in real estate. Here's a little story of how the whole scam works.

Fair Housing Myths is an article we wrote several years ago. In addition one of the things I see most often that will get landlords in trouble are advertising screw ups. Please take the time to read this article about what you can and cannot say in an advertisement for any property you are renting or selling!  Fair Housing words.

But enough of that you wanted some free forms to get you started.

NOTE: These forms may have been valid at the time I posted them, 3/19/2012 but I strongly suggest you consult an attorney before relying on anything you find on the Internet. This may or may not be all that is required by law in your situation, but the laws are so extensive and restrictive that no one can be sure at anytime that they are in complete compliance. At the very minimum consult with a professional before you engage in any real estate activity. I am not a lawyer and I do not know the laws of your particular state or municipality! Use these forms at your own risk. Turn-Key Properties LLC our members, founders, employees, contractors and even our pets,  friends and family members do not accept ANY liability whatsoever for your use of forms you find here! AGAIN... Consult an attorney!

By downloading these forms you agree to hold us completely harmless for any trouble you get into. Seriously, Talk to a LAWYER! Furthermore we are not responsible for any damn stupid thing you do!  

Why am I providing you with free documents... because frankly, eventually you will decide you can't stand doing this and will call me to manage your property. 816-313-8876.