IN THIS ISSUE
INDUSTRY NEWS AND EVENTS
- Headline News
- Commercial real estate practitioners challenge Rand speaker
- Interested in Commercial Designations?
- Commercial Practitioner Honored as NAR Good Neighbor Awards Winner
- Technology & Intelligence Briefings are Available as Podcasts
- Fall 2006 RCA Report Released
- New Forms Software for Macintosh Users
- Dell Offers ‘Double Your Discount’ in November
PUBLIC POLICY UPDATES
- Big Changes May Await Property Managers
- Commercial Legislative and Regulatory Updates
- Extend Moratorium on ILC Bank Applications, NAR Says
- House Votes to Allow Property Owners to Challenge Property “Takings” in Federal Court
- OCC Issues Another Bank Premises Opinion Involving Real Estate Development
RESEARCH, RESOURCES, LEGAL
- Presentations from NAR Research
- City Sign Ordinance Found Unconstitutional
- Learn About New Urbanism
AFFILIATE NEWS
- Protect Your Property and Your People... Learn How with "Before Disaster Strikes"
INDUSTRY NEWS AND EVENTS
HEADLINE NEWS
Headline News.
COMMERCIAL REAL ESTATE PRACTITIONERS CHALLENGE RAND SPEAKER
At the Commercial Legislative & Regulatory Subcommittee meeting at NAR's Annual Conference on Friday, Florida REALTORSŪ stood up for their clients, challenging a speaker from the Rand Institute for Civil Justice who delivered a presentation to gain REALTORŪ support and explain why insurance rates have increased exponentially in recent years. "You're right, we did have three hurricanes a year ago," stated one committee member, "but we had no hurricanes this year, and yet rates tripled. We'd like to know where that money is going." Another member said insurance used to be 3 to 4 percent of normal operating costs, but that figure has "gone up and up, and is in no way proportional to the disasters that actually occur." The Rand representative's answer, by the way, was that insurers don't have good data to set risks accurately. Later in the meeting, the committee approved a motion to ask NAR to include a specific reference to commercial property in its policy statement on disaster insurance, which currently mentions home owners. NAR is working to move legislation forward on affordable property insurance in disaster-prone areas among other key federal issues for the remainder of this Congress and the new Congress takes over in January 2007. Hear what your colleagues and lobbying staff have been doing on Capitol Hill this past month in President Thomas M. Stevens' latest blog entry and podcast. To access, click here.
INTERESTED IN COMMERCIAL DESIGNATIONS?
During Saturday's "Finding Your Niche in Commercial Real Estate" session, speaker Dr. Lowell "Duke" Kuehn stated that success as a commercial practitioner depends on narrow specialization and that therefore relationships (with other specialists) are especially important. His recommendation for getting started in and thriving in commercial real estate?: "Let NAR and the REALTORS Commercial Alliance help you. Explore the designations that CCIM, CRE, RLI, SIOR, and IREM offer. You'll be introduced to the people and knowledge you need to succeed." A good idea, and very timely, as November is Designation Awareness Month.
COMMERCIAL PRACTITIONER HONORED AS NAR GOOD NEIGHBOR AWARDS WINNER
They don’t seek out the spotlight, but on Saturday night, the 2006 REALTORŪ Magazine Good Neighbor Award winners took center stage in New Orleans. “You epitomize the spirit of community that is so much a part of the REALTORŪ world,” said Tom Stevens, 2006 President of the NATIONAL ASSOCIATION OF REALTORSŪ, as he commended the winners for devoting a collective 7,000 volunteer hours in the past year and raising millions for their charities. A commercial practitioner, David Sonenberg of The Sonenberg Co., Roswell, Ga. was recognized for his charitable work. For 23 years Sonenberg has been president of North Fulton Community Charities, which fulfills emergency needs for food, clothing, rent, utilities, medicine, and other basic needs. His leadership and fundraising enabled the NFCC to purchase and renovate its own building last year. In 2005 NFCC helped more than 4,200 families, including 375 Katrina evacuee families. Read more.
TECHNOLOGY & INTELLIGENCE BRIEFINGS ARE AVAILABLE AS PODCASTS
The RCA is now pod casting the T&I Briefings series. You can subscribe from this page. Check out this new and easy way to learn from today's business leaders. This quarter, hear from Ken Riggs, CFA, CRE, MAI, from the Real Estate Research Corporation, Matthew Ferrara on technology issues and ideas, and Dr. M. Mark Levine on 1031 tax deferred transactions. To read highlights from the interviews and learn more about our panel of experts visit .
FALL 2006 RCA REPORT RELEASED
The Fall RCA Report was recently mailed to commercial members with the T&I Briefing audio CD. You can access the report from our home page. In this issue learn how economic development agencies and commercial practitioners are partnering for success and more in this quarter's RCA Report. Access the links mentioned in the issue and download the PDF from this page.
NEW FORMS SOFTWARE FOR MACINTOSH USERS
ZipForm, the official forms software of NAR and a REALTOR Benefits(sm) Program partner, introduces ZipForm Mac-Connect, just for Macintosh users. The Mac-Connect provides Mac users with the ability to use the same powerful functionality of ZipForm Online available to PC users. ZipForm Mac-Connect is $40 per year, per user. A user must have or purchase ZipForm Online to use Mac-Connect. For more info, click here, or contact: 866/693-6767 and mention promo code N39.
DELL OFFERS ‘DOUBLE YOUR DISCOUNT’ IN NOVEMBER
NAR members can take advantage of a special, limited-time offer from Dell offered through NAR’s REALTOR Benefitssm Program. For the month of November only, save 12% on Dell Precision™ Workstations, Latitude™ Notebooks, OptiPlex™ Desktops, PowerEdge™ Servers and PowerVault™ Storage. Save 10% on software and peripherals including printers, monitors, digital cameras, handhelds, LCD TVs, projectors and digital music players. Save 6% on Dimension™ Desktops and Inspiron™ Notebooks. Take advantage of your NAR REALTOR Benefits(sm) discount by shopping now to customize the systems and printers you need to fuel your business. When you are ready to purchase call your dedicated sales representative at 1-877-648-3355 to place your order. (Mon. - Fri. 7am – 10pm or Sat. 8am - 6pm CST) Your sales representative will apply your NAR member discount to your order!
NAR double discount cannot be combined with other Dell discounts or promotions.
PUBLIC POLICY UPDATES
BIG CHANGES MAY AWAIT PROPERTY MANAGERS
The shift on Capitol Hill could have big impacts on property managers and their portfolio operations in the next 12 months, Institute of Real Estate Management Vice President Charles Achilles told attendees at Sunday’s Property Management Forum. For example, said Achilles, although there’s been little activity on federal immigration reform, nine states and numerous municipalities have enacted laws that require employers to examine the work status of employees and impose fines for hiring illegal immigrants. Some locales are also fining landlords that rent to illegal immigrants, and more places are considering such laws, said Achilles. Read more.
COMMERCIAL LEGISLATIVE AND REGULATORY UPDATES
The Commercial Issues Tracker is updated for October. Get updates on NAR legislative advocacy for commercial issues. In this update read about the Tenant in Common Association meeting held recently in Las Vegas. Generally speaking, sponsors and broker dealers reacted favorably to NAR’s efforts to involve real estate professionals in securitized TIC transactions, while registered reps expressed skepticism. TICA also acknowledged the close relationship it has in working with NAR on this and on tax issues. Access the Issues Tracker from this page.
EXTEND MORATORIUM ON ILC BANK APPLICATIONS, NAR SAYS
NAR has asked the Federal Deposit Insurance Corporation to extend its moratorium on considering industrial loan company (ILC) applications from Jan. 31, 2007, through the end of 2007, to give Congress time to consider whether to eliminate or tighten the existing ILC loophole permitting mixing of banking and commerce. ILCs are types of banks that commercial businesses are permitted to own with FDIC approval. Since early in 2006, NAR and others have expressed concern about applications to own ILCs by Wal-Mart and Home Depot. NAR argues that, whether banks are permitted to engage in commercial activities or commercial firms are permitted to own banks, the results are the same: conflicts of interest, an unleveled competitive playing field, and risks to the financial system. For more info, click here.
HOUSE VOTES TO ALLOW PROPERTY OWNERS TO CHALLENGE PROPERTY “TAKINGS” IN FEDERAL COURT
The House of Representatives on September 29 passed legislation that would make it easier for property owners to litigate Fifth Amendment "takings" claims in federal court.
Under current law, a property owner who wishes to challenge a local government decision alleged to be a “taking” of property must initially file a claim in state court and exhaust all available state remedies before filing a claim in Federal court. However, bringing the case to state court and having a takings claim heard -- even under state law -- precludes a review by the federal courts. The result is a Catch-22 situation in which property owners can never have their Fifth Amendment takings cases heard in federal court. H.R. 4772 clearly defines a final agency action, thereby eliminating a cycle of potentially endless appeals. The bill would not change the way that agencies resolve disputes. Rather, it would simply describe when a “final agency action” has occurred so that the case can be heard on its merits in federal court.
NAR, which strongly supported the bill, sent a letter to the entire House of Representatives asking them to support the bill. In the letter President Tom Stevens wrote, “This bill would provide a fair and moderate approach for property owners who want to use their land and give them their day in court to protect their rights.”
Opponents of the legislation charge that it would permit "forum shopping" by real estate developers and interfere with state and local rights in land use decisions.
Supporters of the legislation, including NAR and the National Association of Homebuilders, argued that the bill would apply only to claims filed in federal court by property owners seeking relief from violations of federal statutory and Constitutional law, would not give federal courts new authority on questions that are legitimately under state court purview, and would not mandate compensation, or impose additional burdens on state or local governments.
OCC ISSUES ANOTHER BANK PREMISES OPINION INVOLVING REAL ESTATE DEVELOPMENT
On October 25, 2006, the Office of the Comptroller of the Currency (OCC) posted on its Internet site its latest legal opinion authorizing real estate development in connection with bank premises. Under the September 15, 2006, opinion, the bank may lease a 1.82 acre site with a bank branch and parking that it has owned for more than 30 years. The third party lessee will redevelop the site to include a new bank branch (which it will lease back to the bank at no cost), parking, and a "limited number" of retail stores. The lessee will pay annual, fixed lease payments for 40 years, at which point the lease will be extended or the property will revert to the bank. Read more here and find a link to the opinion paper.
RESEARCH, RESOURCES, LEGAL
PRESENTATIONS FROM NAR RESEARCH
If you weren’t able to attend a conference, but would like to review the presentations from NAR Research we now have a page where you can download the most requested presentations given by NAR Chief Economist David Lereah and others over the last 12 months. From Annual download the presentations given during the Economic Issues and Commercial Real Estate Business Trends Forum; The Commercial Real Estate Market: Basically Strong" by Lawrence Yun, NAR Senior Forecast Economist and the "AFIRE Foreign Investment Survey" from James Fetgatter, Chief Executive, The Association of Foreign Investors in Real Estate. This list is updated as new presentations become available, so be sure to visit again.
CITY SIGN ORDINANCE FOUND UNCONSTITUTIONAL
A city violated a bagel shop owner's free speech rights by prohibiting his employee from wearing a placard on a street corner advertising his business, the United States Court of Appeals for the Ninth Circuit ruled, affirming the trial court. The city action stemmed from an ordinance prohibiting portable, off-site signs as traffic hazards and to preserve community aesthetics. Because the city allowed certain signs based on their content--real estate for-sale signs among them--the city couldn't prohibit the placard. To read a summary of the case, click here.
LEARN ABOUT NEW URBANISM
New Urbanism combines traditional planning and modern technology to create places that break the conventional suburban mold to strive for environmental balance, social integration and a sense of community amongst a mixture of ethnic groups. Find out if this process of reintegrating the components of modern life is popular with homebuyers, planners, government officials.
AFFILIATE NEWS
PROTECT YOUR PROPERTY AND YOUR PEOPLE... LEARN HOW WITH "BEFORE DISASTER STRIKES"
Protecting buildings and occupants in all types of emergency situations is a concern that cuts across all sectors of the professional real estate community. Before Disaster Strikes: Developing an Emergency Procedures Manual, Third Edition, is a must-have resource from IREM providing authoritative, “how to” guidance on developing emergency plans and procedures manuals for all types of properties. Separate chapters address preparations and responses to some 22 different types of emergency situations divided into five categories: building emergencies; weather-related disasters; geologic cataclysms; and special types of emergencies. The book also includes a glossary, a comprehensive list of resources and an accompanying CD-ROM containing emergency planning forms that can be tailored to the needs of a particular property. Check out the “Publications” section of the IREM Web site at www.irem.org to learn more.
Report compiled by Bobbie Albrecht, balbrecht@realtors.org, 312/329-8464.
QUESTIONS on this report? Visit the INS FAQ and online feedback area on REALTOR.org. Click here.
To ensure that you continue to receive e-mails from the National Association of REALTORSŪ, please add us to your to your e-mail address book.
Unsubscribe from this e-mail newsletter.
Manage E-mail Preferences:
To change your e-mail address, or manage your subscriptions, you will need to
log in to your REALTOR.org account.
Customer Support:
Visit our customer support page for help with your account.
Privacy Policy
Please do not reply to this e-mail. This mailbox is for distribution only.
NATIONAL ASSOCIATION OF REALTORSŪ
430 N. Michigan Avenue
Chicago IL 60611
800/874-6500
www.REALTOR.org
|