August 2003

 

 

 

 

 

2004 NOMINATING SLATE

 

       The Nominating Committee has nominated the following candidates for office and for each opening to be filled on the Board of Directors. The report of the Nominating Committee shall be mailed to each REALTOR® Member at least three weeks preceding the election (Election will take place at the General Membership Meeting on September 16th).

      Additional candidates for office to be filled may be placed in nomination by a petition signed by at least ten (10) percent of the REALTOR® Members which is 118 Members. The petition shall be filed with the Secretary at least two (2) weeks before the election. The Secretary shall send notice of such additional nominations to all REALTOR® Members before the election.

 

 

PRESIDENT RICHARD L. PHIPPS

 

PRESIDENT-ELECT RANDALL H. KOSTER

 

TREASURER REBECCA MONIZ

 

DIRECTORS - 3 YEARS

LENORA A. GALLUCCI 2006

BARRETT M. GROSS 2006

PATRICIA A. LENIHAN 2006

PATRICIA A. OLIVER 2006

 

STATE DIRECTORS - 2 YEARS

RICHARD L. PHIPPS 2005

MARC R. ARCHAMBAULT 2005

 

In addition, the following have been nominated to serve a one (1) year term on the Executive Committee:

DONALD G. MORASH, JR.

STEVEN D. ANTONI

 

 

GENERAL MEMBERSHIP

MEETING NOTICE

 

DATE:    TUESDAY, SEPTEMBER 16, 2003

 

PLACE:  RICHMOND COUNTRY CLUB

              74 SANDY POND ROAD, RICHMOND

 

TIME:    8:30 A.M. - REGISTRATION

              8:45 A.M. - BUFFET BREAKFAST

              9:15 A.M. - BRIEF BUSINESS MEETING

                           Election of Officers & Directors

                           (See NominatingReport)

                            Induction of New Members

              9:30 A.M. - PROGRAM

 

COST:   $9 PER PERSON - ALL INCLUSIVE

 

PROGRAM: "INCLUDING REAL ESTATE IN YOUR IRA"

 

SPEAKER: JOSEPH P. MATONEY, CPA

 

R.S.V.P. NO LATER THAN THURSDAY, 9/11/ 03

             CALL JEANNE AT 885-9300 OR FAX TO 885-5968

             OR E-MAIL TO KWBR@KWBR.ORG

 

NO SHOWS WILL BE BILLED

 

 

ABOUT THE PROGRAM:

 

"Including Real Estate in your IRA or SEP Account: Why? and Why Not?"

 

Joe Matoney is a Professor of Accounting at the University of Rhode Island, where he teaches undergraduate and graduate courses in accounting and taxation. He has a PhD in Accounting from Penn State University, a CPA certificate from the State of Rhode Island. He also maintains an accounting and financial planning practice in Wakefield Rhode Island, where he assists clients with a variety of tax problems and finds real life cases to bring into the classroom. He has published widely in tax and accounting journals, including The Real Estate Review, The Tax Advisor, The CPA Journal and Taxation for Accountants.

For directions to Richmond Country Club, call 885-9300.

 

 

11th ANNUAL GOLF TOURNAMENT

Kent Washington Board of Realtors® is hosting its 11th Annual Golf Tournament on Monday, September 22nd at the Potowomut Golf Club in East Greenwich. The Tournament Committee, chaired this year by Cheryl Shatkin, has chosen to have the proceeds go to the Community Housing Corporation for Washington County and West Bay Community Action for their affordable housing programs. Last year we raised over $10,000. Our goal this year is to meet or surpass that goal. You can be assured that these funds are a huge benefit for their ongoing projects, and both groups are very appreciative.

Registration forms have already been mailed, and anyone in the state is welcome to come. If everyone commits to a foursome for golf, and/or contributes to the raffle, and/or becomes or secures a tee sponsor, we will be sure to have a spectacular event and a fun-filled day with prizes galore. Thanks to Garelick Farms for sponsoring lunch and to Travis Mortgage for sponsoring the Hole-in-One contest.

Please note, this year we will have limited additional space for those who want to attend dinner only.

Let us all join together to continue our golf tradition and make this the best and most profitable tournament ever!

 

 

IT’S THAT TIME OF YEAR AGAIN!
NOTES ON 2004 DUES

 

As we look towards the future, please note that the 2004 dues invoices will be sent out by the first or second week of September. We recommend that you pay your dues online, which reduces expenses by well over $1,000 per mailing; thus your dues either remain the same or may decrease. *

 

Payment may also be made by check and mailed. Payment by credit card may be mailed or faxed. However, we still encourage members to pay dues on line. Paying on line will go much quicker if you are already registered for realtor.org. If you have not previously registered, it might be a good idea to do that ahead of time; then you will be able to log in quickly and click the “pay dues online” button. Instructions for registration and on-line payment will be included with the bills along with our dues collection policy.


*On-line dues payment will be the standard beginning with 2005 dues.

 

 

BYLAW AMENDMENTS

The following changes will be voted on at the Annual Meeting, Installation, & Recognition Dinner on Thursday, October 23, at the Quonset O Club.

(strike-outs indicate deletion; underscoring indicates additions)

 

ARTICLE XI - Officers and Directors

Section 1. Officers.

The elective officers of the Board shall be a President, a President-Elect, a Vice President, and a Treasurer. The President-Elect shall succeed to the office of President. They shall be elected for terms of one (1) year each. In order to become an Officer of the Board, one must have actively served as a Director.

 

Section 3. Board of Directors.

(a) The governing body of the Board shall be a Board of Directors consisting of the three (3) four (4) elected officers and twelve (12) elected Directors, two (2) of whom shall be elected to serve on the Executive Committee. Directors of the Board shall be elected to serve terms of three (3) years. Each year, as many Directors shall be elected as required to fill vacancies. In addition, the Board of Directors shall also be comprised of Kent Washington Board of Realtors appointed State Directors, who may be Past Presidents. Other Past Presidents are invited to attend Directors’ meetings but are not eligible to vote.

 

Section 4.Executive Committee.

The Executive Committee shall be composed of the President, President-Elect, Vice President, Treasurer, Immediate Past President, and two (2) members from the Board of Directors as selected by the Nominating Committee and approved by the Board of Directors. Each Director elected to serve on the Executive Committee shall serve a one (1) year term, said term running concurrently with the elected three year term as a Director; in addition, no more than one member of the same firm may serve as an Executive Committee Member. A firm shall be considered one or more offices owned by the same party/parties.

 

 

GAD News

by Karen Hagan

 KWBR Government Affairs Director

 

Here's what's happening around the towns:

 

EAST GREENWICH:

The Boesch Farm, a 90 acre parcel of farmland and woodland located in both East Greenwich and North Kingstown, was recently added to the National Register of Historic Places, the federal government's official list of historic properties. The farm was purchased by the East Greenwich Land Trust and the North Kingstown Land Conservatory in 2001.

 

HOPKINTON:

Forty-four Hopkinton property owners along the Connecticut border have been sent property tax bills from the North Stonington, CT tax assessor, who believes these properties are actually located within the State of Connecticut. Tax payers who receive these bills should contact the Hopkinton Town Solicitor or a town council member. The Rhode Island general assembly has recently passed legislation that will create a committee to resolve the dispute.

 

 

WARWICK:

RIAC TO PURCHASE 25 Homes

The Rhode Island Airport Corporation will offer to purchase 25 homes as part of of its voluntarily home acquisition program. The homes are located in the Warwick Pond area and are on Cedar Swamp, Gayton, Pembrook, Rowe and Wells roads. The Federal Aviation Administration is expected to give RIAC a $5 million grant to help fund the purchase.

 

NORWOOD RESIDENTS OPPOSED TO HOUSING PROJECT

Many residents in the Norwood section of Warwick are opposed to a proposed affordable housing project on 220 Pawtuxet Avenue. The house is owned by Westbay Community Action and is part of its program to create affordable housing. Westbay wants to take the single family home that currently occupies the property and create a two family home. To do so, Westbay must obtain a variance from the Zoning Board. A hearing on the proposed variance will be held on August 12, 2003.

 

 

 

THE PUBLIC HAS A VALID COMPLAINT

 

So few listings yet "so many signs"

To all our Brokers and Managers, it is once again time to review the Sign Policy with all your Associates. We have many new members that are not aware of the Sign "Do’s & Don’t’s". In a nutshell one sign is allowed on the subject property. No pole signs, corner signs, arrow signs or any off-premise sign is allowed. It can be a costly fine as well as embarrassing. It reflects on us all – take pride in your town and be professional in your business approach. Your cooperation, as usual, is appreciated.

 

 

SCHEDULE OF NEW FEES FOR REAL ESTATE

As of July 15, 2003

Real Estate Broker License                                         $170.00 2-years - $85.00 annual

Real Estate Salesperson License                                  $130.00 2-years - $65.00 annual

Transfer of License-Brokers & Salesperson                 $15.00

Duplicate Wall License                                                $10.00

Duplicate Pocket License                                            $10.00

Real Estate Broker Renewal                                        $170.00 2-years - $85.00 annual

Late/Penalty Fee (Reinstatement) For Brokers             $65.00 (In addition to license fee)

Real Estate Salesperson Renewal                                 $130.00 2-years - $65.00 annual

Late/Penalty Fee (Reinstatement For Salespersons)      $60.00 (In addition to license fee)

Certificate of Licensure (History)                                  $15.00

 

NOTE: Real Estate Brokers are now required to pay a transfer of license fee.

 

Per Article 23 of Governor's Budge Effective July 15, 2003

7/29/03

 

 

Lead Hazard Mitigation Act of 2002
Requirements of Rental Property Owners

Prepared by the Housing Resources Commission Staff
(Expected to be formally approved by HRC Commissioners this Fall

 

Purpose

 

The new law is designed to prevent childhood lead poisoning in RI. Property Owners/Designated Persons must:

Attend a 3-hour Lead Hazard Awareness Seminar. For course information call 1 (401) 450-1349.

Identify and evaluate rental unit(s) and premises for existing lead hazards.

Correct identified lead hazards using safe work practices learned in the 3-hour course.

Pass an Independent Clearance Inspection, performed by a licensed Lead Inspector or Lead Technician, after the work is completed. If first inspection fails, a property owner has sixty (60) days to correct the lead hazards identified by a visual inspection or independent clearance inspection upon receiving an inspection report.

Provide tenants with:

Basic information about lead hazard control.

A copy of the Independent Clearance Inspection report.

Name, telephone number and address of a contact person to notify of deteriorated conditions.

Correct lead hazards within thirty (30) days after being notified by tenants of deteriorated conditions.

Promoting proper lead safe maintenance and work practices: The required 3-hour Lead Hazard Awareness Seminar will teach you how to identify lead hazards, do spot repair using lead safe work practices, do proper cleaning and prepping the property for clearance inspection.

Your property insurance carrier will require compliance with the Mitigation Standard. Compliance may protect you from future litigation.

Requirements of new property owners of rental housing built before 1978.

If the property you purchased does not comply with the requirements of Lead Hazard Mitigation at time of transfer, in addition to the above requirements, you must:

Have the property visually inspected within ten (10) days of ownership.

If occupied by an at-risk occupant, you have sixty (60) days to achieve compliance with this regulation following the visual inspection.

If you need general information on lead and requirements, please call 1 (401) 450-1439.

Note: 1. At-Risk Occupant is defined as a person under six years of age, or a pregnant woman.

Designated Person is defined as a property owner, or the agent of the property owner.

 

The Inspection Requirement is determine by the length of tenancy of your tenants. Below is a chart to assist you in determining to which category you belong.

 

Length of Tenancy Type of Inspection What you should know Type of Certification Duration

 

Less than 2 years

 

Annual Inspection

 

An Independent Clearance Inspection is required every 12 months if a tenant resided for less than 12 months. If there is no change in tenancy, inspection is required every 2 years.

 

 

Certificate of Conformance

 

 

2 year

 

 

Greater than 2 years

 

Visual Inspection

 

If tenancy is greater than 2 years, only a visual inspection is required. Once change in tenancy, an Independent Clearance Inspection is required.

 

 

Affidavit of Completion of Visual Inspection

 

 

2 years

 

 

Presumptive Compliance

All dwelling units must be constructed after 1960.

No outstanding major minimum housing violations.

No history of repeated lead poisoning.

If you have ten (10) or more qualified dwelling units you can fill-out the attached application and submitted all the required documents to the HRC including the Independent Clearance Inspections. A minimum of 2 units or 5 % of the qualified units must be inspected by a licensed Lead Inspector or Lead Technician.

July 26, 2003

Monica Staaf, R.I.A.R. Legal Council

 

 

2003 LEGISLATIVE REPORT

 

by Monica Staaf

RIAR Legal Counsel

 

Overview

The Rhode Island General Assembly has adjourned after a year of many changes. The number of state legislators decreased by approximately one-third as a result of a constitutional amendment, nearly 3,000 bills and resolutions were filed during the 2003 legislative session. Governor Donald Carcieri presided over his first legislative session. After a long battle, separation of powers was enacted, which will give the Governor more control of state regulatory agencies and prevent legislators from serving on state commissions and boards. The Governor and General Assembly battled fiercely over the budget, and the General Assembly reconvened for a special session in mid-July to override the Governor’s veto of its budget.

 

This year, the Rhode Island Association of REALTORS® (RIAR) retained the respected law firm of Brown, Rudnick, Berlack, and Israels, as a contract lobbyist, to assist its in-house staff with lobbying. RIAR purchased Voter Voice software which made it easier for REALTORS® to find and contact their state legislators via email.

 

The following is a summary of the key, real estate-related issues:

 

2. License Fee Increase - In 2002, the General Assembly increased license fees for most occupations in 2002, and this year voted to increase real estate licensee fees for the first time in more than ten years. During the next license renewal period effective April 1, 2004, the renewal fee will increase from $60/year to $85/year for a broker’s license and from $40/year to $60/year for a salesperson’s license. RIAR lobbied the Department of Business Regulation to improve services for licensees to justify the fee increase. As of June, 2003, DBR now allows licensees to search on-line to find out whether an individual is licensed rather than having to call DBR. PASSED

3. Mandatory Section 8 Participation - (S 262, H 5518)– RIAR defeated this bill, which would have made it illegal for landlords to refuse to rent to tenants because they hold a Section 8 voucher or are recipients of other government assistance program. DID NOT PASS

 

4. Mandatory Escrow of Rent - (H 5545) Tenants would have been required to pay rent into an escrow account run by the City of Providence whenever a landlord fails to correct a housing violation or citation. DID NOT PASS

 

5. Delayed Eviction of Tenants (H 5781) Landlords would have been forced to provide tenants with 90 days’ notice to terminate a month to month tenancy. RIAR aggressively opposed this bill, and the sponsor withdrew her bill moments before the hearing. DID NOT PASS

 

6. Execution Process (S 469) - This law will simplify the process of enforcing judgments against tenants. Executions will now remain in effect instead of expiring if they are not served within five days of issuance. PASSED

 

 

 

 

7. Recording Fee Increase – The General Assembly increased recording fees for deeds, mortgages and other property records for the first time in more than ten years effective January 1, 2004. RIAR lobbied successfully for an amendment which would require towns and cities to use 10% of these fees for document preservation and technological upgrade to make records more accessible to the public on computers and the Internet. PASSED

8. Penalties Against Non-Resident Landlords - (H 5122, S 471) The legislature passed this legislation, which would lessen a harsh penalty on out-of-state landlords who own rental property in Rhode Island. Existing law prohibits landlords from collecting rent from tenants until they appoint a designated, in-state agent for service of process, which has resulted in landlords who are unaware of this law being forced to refund months or even years of rent to tenants because the landlord failed to designate an in-state agent. Unfortunately, Governor Carcieri vetoed these bills, stating that he believed that they would have let bad landlords off the hook. DID NOT PASS

9. Fire Safety Legislation – As a result of the Station Nightclub tragedy, the General Assembly formed a special legislative commission to study fire safety issues. The commission held hearings for several months and recommended tough fire safety regulations, which will affect places of assembly, businesses, and residential property.

 

Despite strong lobbying from fire marshals, RIAR fought off an attempt to require existing single and two-family properties to install hard-wire smoke and carbon monoxide detectors as well as sprinklers. However, all existing and new three family dwellings will be required to install hard-wired smoke and carbon monoxide detectors or more reasonably price, supervised, wireless interconnected alarms by July 1, 2008, consistent with the national Life Safety Code. This new requirement will not be tied to the transfer of real estate.

 

The new law will mandate sprinklers in Class A, Class B places of assembly effective July 1, 2005, and in Class C special amusement buildings with concentrated occupancy of 150 or greater effective July 1, 2006. PASSED

 

It is possible that the General Assembly will address this issue if they reconvene in another special session later this year. DID NOT PASS

 

How You Helped:

The Rhode Island Association of REALTORS® thanks those of you who assisted with our legislative efforts:

!The RIAR Legislative Subcommittee, chaired by Ken McGunnagle, which worked with RIAR lobbyists to review, monitor, and recommend positions on legislation that affects the real estate profession.

! Those REALTORS® who testified at the State House or lent their expertise on special issues behind the scenes.

!The hundreds of you who contacted your legislators in response to RIAR Calls for Action.

!Those of you who contributed to REALTORS® Political Action Committee (RPAC).

Contact Information:

Do you have any questions or comments about this legislative report? Do you have suggestions for pro-REALTOR® legislation? Are you interested in serving on the RIAR Legislative Subcommittee? Please contact Monica Staaf, RIAR Legal Counsel, at 785-3650 x 245 or email monica@riliving.com.