CTAR Legislative Updates

Legislative Update for the week of April 5

legislative update 4.7.15

Mt. Pleasant Planning Committee Stakeholders Meeting 4.7.2015

CALL TO ACTION
The town of Mt. Pleasant is considering drastic measures to restrict development. The Mayor, along with the majority of council, plan to raise impact fees, raise property taxes to purchase open space, and eliminate all density bonuses.

TAKE ACTION to contact town officials today opposing these drastic measures to restrict development and explore sensible, market driven solutions to responsibly handle growth. Read more about the issue here.

This Week at a Glance
• While Dorchester County residents face the highest tax rate in tri-county area, a recent survey found the building cost of permits and fees averages $13,204 per house in Mount Pleasant, $7,269 in Charleston, $6,306 in Summerville and $3,850 North Charleston.
• Following a hostile review at planning commission, The Central Mount Pleasant project pulled their rezoning request before town council.
• After the surprise release of the Mt. Pleasant Growth Management Plan, Councilman Mark Smith held an Economic Development Committee Stakeholders Meeting last Tuesday to receive business leaders input on the proposed changes.

Mt. Pleasant Growth
With growth concerns at a fever pitch, Mt. Pleasant town council voted 8-1 Tuesday night to approve ill-advised measures found in the proposed Growth Management Plan to restrict development. We commend Councilman Mark Smith for being the sole voice asking for independent expert analysis on handing growth. Also, Smith was the only council member willing to address Mt. Pleasant’s growing housing affordability problem.

The plan includes raising impact fees, property taxes, and eliminating all density bonuses. These measures are in stark contrast to the provisions laid out in our public policy guide.

“While we understand the Town’s growth concerns, we are asking them to take a step back and conduct additional analysis. To fully consider some of the unintended consequences of stifling growth and development–such as potentially artificially inflating both residential and commercial real estate prices and making the Town unaffordable for current and future residents” said Wil Riley, CEO of the Charleston Trident Association of Realtors®.

Council will likely give second reading to these changes at a Special Planning Commission meeting, where they would then be finalized. The meeting will be held on April 28, 5pm at Mt. Pleasant Town Hall Chambers (100 Ann Edwards Lane). We encourage all Realtors® to attend.

How Are These Restrictions Problematic?
If the town restricts the availability of affordable housing options it will put additional strain on supply and potentially artificially inflate prices. Some residents will be unable to afford to remain living in Mount Pleasant and be forced elsewhere. Senior citizens and empty nesters hoping to downsize will be unable to afford to do so.

If the town raises impact fees, it will only raise taxes on the end user – the property buyer – through the built-in cost of construction. Impact fees are a temporary substitute for the town not being willing to pay for adequate infrastructure demanded by current residents. In the end, it only serves to encourage a more costly problem: sprawl.

TAKE ACTION to contact town officials today opposing these drastic measures!

 


 

Legislative Update for the week of March 22

realtorrally
2015 Realtor Rally 3.24.15

This Week at a Glance

  • While many communities oppose it, Carolina’s congressmen have varied views on Atlantic drilling
  • Mayor Joe Riley says changes to Charleston’s BAR are on the way, including creating two review boards to handle new architecture and preservation work separately
  • A Mount Pleasant Council growth deal unveiled last Tuesday was struck behind closed doors and without local associations input
  • Coastal S.C. remains a hot spot for population growth, with Myrtle Beach in second, Hilton Head thirteenth, and Charleston seventeenth nationally
  • As hard times recede, numerous political bodies are taking up raises

In the Field
This week, SCR hosted the Annual Realtor Rally in Columbia, where hundreds came from across the state to advocate for real estate license law reform, business license tax reductions, patent reform, environmental litigation reform, and property tax reform. Attendees had a BBQ lunch with their legislators and heard from Governor Haley, the event’s keynote speaker. If you couldn’t make it, be sure to next year!

The rest of the week was dedicated to monitoring Mt. Pleasant’s new initiative to control growth. The Mayor, along with the majority of council, are proposing curbs to the allowed number of residential units, increasing the cost of infrastructure onto developments, and raising taxes to purchase open space and build recreational facilities. Council will debate the proposed changes at their next meeting, April 14th, and we encourage all Realtors® to attend.

We were disappointed with the Town of Mount Pleasant leadership’s unexpected announcement and feel that they came to a very rash and divisive decision without considering the full impact on the town’s property owners. However, we look forward to working with Town leadership and council, the Chamber and the Homebuilders Association to arrive at a solution that protects the best interests of Mt. Pleasant home, property and business owners.

 


 

Legislative Update for the week of March 8

legislative update2
Mt. Pleasant Town Council 3.10.15

This Week at a Glance

  • Former School Board member Elizabeth Moffly is pressing officials to break up the Charleston County School District
  • The Beach Co. withdrew its Sgt. Jasper site rezoning request from the Charleston Planning Commission following weeks of public opposition and losing the support of Councilman Mike Seekings
  • Hanahan officials say a land deal is off for its proposed new elementary school
    Mt. Pleasant Town Council members voted 6-3 in support of a proposed pay increase that will almost double their current compensation
  • A $500 million borrowing in the State House was killed this week, paving way for a new budget consensus

The Future of Charleston’s Architecture
City Consultant Andres Duany gave his final talk on Charleston’s architecture Friday morning, recommending a smaller jurisdiction of the Board of Architectural Review, a sliding scale of requirements for new buildings, and amending the appeals process. Public reception will largely determine if the recommendations are ever implemented as the city addresses mounting growth concerns.

Charleston County Subdivision Regulations
At the urging of land surveying groups and builders, the Charleston County Planning Commission amended subdivision requirements for subdivision plats by requiring a preliminary wetlands determinations letter from the U.S. Army Corps of Engineers, which will reduce the cost associated with inheriting land.

Realtor Rally
Join us on March 24 at 10 am at the Columbia Metropolitan Convention Center and the South Carolina Statehouse, to show your support for the American Dream of Homeownership and Quality of Life for all South Carolinians! The day’s events will include a full issue briefing by your SCR lobbyist, grassroots events inside the Statehouse, and a BBQ lunch with your legislators. Governor Haley plans to address the group from the Capitol stairs. Join your fellow Realtors®, legislators and the media as we let our voices be heard. The issues we’re tackling this year are:

  • Real Estate License Law Update & Modernization
  • Business License Tax Reduction
  • Patent Reform
  • Environmental litigation Reform
  • Property Tax Reform

Register here.
If there is enough participation, CTAR will provide transportation to the event.

 


 

Legislative Update for the week of March 1

Mt. Pleasant Town Council Committee Meeting 3.2.2015
Mt. Pleasant Town Council Committee Meeting 3.2.2015

News at a Glance

  • Mt. Pleasant council members move to raise their pay from $8,918 to $15,000 and the mayors from $24,000 to $42,000 per year
  • Gov. Haley and Speaker Lucas are working to resurrect ethics reform after stalling in the State Senate
  • Mayor Linda Page met with County representatives and the SCDOT who agreed to study widening S.C. Highway 41
  • the City of Charleston may not have a GOP mayoral candidate this year
  • State House lawmakers approved a bill to streamline local governments’ funds
  • Rep. Horne proposed the South Carolina Jobs, Education and Tax Act – a plan to pump $1.3 billion into roads and schools by making property tax rates uniform across the state
  • Daimler announced a $500 million expansion plan in the Lowcountry, and our regional port competitor, the Savannah Harbor, was awarded a $134.5M contract for expansion.

FCC Approves Net Neutrality Rules
The Federal Communications Commission (FCC) approved new net neutrality rules, which gives the Commission strong legal authority to regulate broadband providers more heavily than in the past and restrict their power to control download speeds on the web. The new rules ban Internet providers from blocking or slowing any traffic and from striking deals with content companies, known as paid prioritization, for smoother delivery of traffic to consumers. The new rules are a victory for consumers, and for REALTORS® who embrace technology and online resources to meet the needs of their clients.

FAA Proposes Commercial Drone Rule
The FAA has begun the rulemaking process to address the commercial use of unmanned aerial vehicles, otherwise known as drones. The proposed rule would allow commercial use of drones in a variety of situations, including real estate photography. The rule governs machines weighing 55 lbs. or less, and some of the restrictions placed on operators include: daylight flights only, line of sight operations only, flights limited to an altitude of 500 feet, and operator certification by the FAA.

FEMA Holds Standard Hearings
The White House recently issued an Executive Order 13690: “Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input.” This Executive Order (EO) requires that any new construction or development in, and affecting floodplains funded by the federal government, will be required to meet the level of resilience established in the Federal Flood Risk Management Standard (FFRMS).
To obtain public input on the FFRMS, FEMA has announced several listening sessions on implementation of the standards. These sessions provide the opportunity to listen, ask questions, and provide feedback on how federal agencies implement the Standard.

 


 

Legislative Update for the week of February 15

In the News
The Ethics Commission will investigate complaints that Folly Beach mayor Goodwin pushed for approval of a referendum in an official letter, Dick Elliot dropped out of Charleston mayor’s race, the Charleston County School Board is moving cautiously in superintendent search, the Tides IV condo project plans to break ground next month in Mount Pleasant, IOP & Sullivan’s are still working toward beach parking pass, Vice President Biden visited Mount Pleasant’s port to promote a new transportation plan, Charleston County School Board is not sold on a proposed alternative high school, a crowd angry over density put the Charleston Planning Commission meeting about Sergeant Jasper site on hold, Charleston upper peninsula is planning for a new major apartment complex, ten candidates are in the race for four Sullivan’s Town Council seats, a proposed property tax plan in the legislature would raise $2 billion for schools and roads, and Charleston’s growing pains were the main topics of Monday’s mayoral forum.

Mt. Pleasant Growth
Town Council met last week, where they reassured more than 200 residents present of their plans to control growth through strict codes enforcement and requiring greater commission input on major projects. Council also backed out of a deal to lease parking spaces from the proposed garage on Shem Creek. CTAR’s Legislative Committee has now formed a Mt. Pleasant Growth Issues Task Force.

Charleston City Entertainment District
Last Wednesday we met with Charleston’s Late Night Activity Review Committee, where members proposed the city taking control of liquor licenses from the state, soft closing for bars, and limiting parking variances for late-night establishments to control growth.

2015 NAR Legislative and Regulatory Priorities

  • Homeownership and Real Estate Investment Tax Policies
    The growing federal debt, weak economic recovery, and continued growth of tax complexity have kept tax reform near the top of the national agenda and places a variety of tax laws, including those affecting commercial and residential real estate, under increased scrutiny.
  • Credit and Lending Policies
    Overly stringent lending standards have continued to limit the availability of affordable mortgage financing for credit worthy consumers and federal policymakers are weighing a number of proposals aimed at creating healthier housing and mortgage markets.
  • Business Operations
    There are a number of issues before Congress and the Federal Regulatory Agencies that could have a significant impact on the business operations of real estate firms, including a 3% cap on fees and points, RESPA/TILA harmonization, copyright protections, net neutrality, patent reform, and appraiser independence regulations.
  • Commercial
    More than $1.2 trillion in commercial real estate loans will come due over the next few years, and many of these deals will have trouble getting financing. NAR supports consideration of legislation and regulations to protect and enhance the flow of capital to commercial real estate.

For more information about CTAR’s Legislative initiatives please contact Patrick Arnold. 

2014 Voter Guides are here!

You’ve been busy taking listings, showing property and closing transactions. You may not have had time to vet the candidates running for office on June 10, so we thought we could offer a little help and provide you with information to help you make your decision.

Each election season, a volunteer group of REALTORS® takes the time to interview the candidates running for office, review questionnaires filled out by the candidates and then rate the candidates based upon their positions and records as it relates to REALTOR® principles.

                                                                                                                                                  

2014 REALTOR® Friendly Voter Guide

About the Candidate Ratings:
Recommended means the candidate received the highest marks compatible with REALTOR® policy.
Qualified ranking is one who has all the qualities that make them an acceptable candidate, or one in a race where no one candidate stands above another.
No Position means a candidate was interviewed and was not given a Recommended or a Qualified ranking.
Declined Interview means the candidate was unable or chose not to appear or respond to a request for an interview.
Not Interviewed means the candidate was not offered an interview.

Charleston County

County Council, District 8
Republican Primary
Thomas Legare
Kenny Todd

Dorchester County

County Council, District 2
Republican Primary
David Chinnis – RECOMMENDED
Scott Inabinet – Not Interviewed

County Council, District 7
Republican Primary
Jay Byars – RECOMMENDED
Lester Dempsey – Not Interviewed


Berkeley County
Supervisor
Republican Primary
Dan Davis – Qualified
Bill Peagler | Questionnaire – Qualified
Jerry Beckley | Questionnaire – No Position

County Council, District 4
Republican Primary
Aldo Napoli | Questionnaire — Qualified
Tommy Newell | Questionnaire – Qualified
Jim Royce | Questionnaire – No Position

County Council, District 5
Republican Primary
Dennis Fish – RECOMMENDED
Bud Thames – Not Interviewed

County Council, District 6
Republican Primary
James Law | Questionnaire – Qualified
Jack Schurlknight | Questionnaire – Qualified
Barron Thomas – Declined Interview

State-Wide Elections

Lt. Governor
Republican Primary
REALTOR® Patrick McKinney | Questionnaire
Mike Campbell | Questionnaire
Henry McMaster
Ray Moore

Treasurer
Republican Primary
Brian Adams
Curtis Loftis

Superintendent of Education
Republican Primary
Sally Atwater
Gary Burgess
Meka Childs
Amy Cofield | Questionnaire
Sheri Few | Questionnaire
Don Jordan
Elizabeth Moffly
Molly Spearman

Democrat Primary
Montrio Belton
Sheila Gallagher
Jerry Govan
Tom Thompson | Questionnaire

Adjutant General
Republican Primary
James Breazeale
Bob Livingston

Commissioner of Agriculture
Republican Primary
Joe Farmer
Hugh Weathers

U.S. Senate
Republican Primary
Lindsey Graham – RECOMMENDED
Lee Bright
Richard Cash
Bill Connor | Questionnaire
Nancy Mace
Det Bowers
Benjamin Dunn

Democrat Primary
Jay Stamper
Brad Hutto

U.S. Senate (Unexpired term)
Republican Primary
Tim Scott – RECOMMENDED
Randall Young

Democrat Primary
Joyce Dickerson
Sidney Moore
Harry Pavilack

State House of Representatives, District 94
Republican Primary
Jenny Horne – RECOMMENDED
Evan Guthrie – Not Interviewed
Franklin Smith – Not Interviewed

State House of Representatives, District 98
Republican Primary
Chris Murphy – RECOMMENDED
Larry Hargett – Not Interviewed

State House of Representatives, District 110
Republican Primary
REALTOR® Chip Limehouse – RECOMMENDED
REALTOR® Russell Guerard – Qualified

                                                                                                                                                 

Elections matter – and the business of being a REALTOR® is affected as a result. Real estate is the most heavily regulated industry and at the city level, it’s highly regulated. Whether it’s a sign ordinance, property taxes and fees, or protecting private property rights – the issues that matter to your business and the community.

The Charleston Trident Association of REALTORS® (CTAR) and the REALTORS® Political Action Committee (RPAC) voting guide serves as a roadmap to voting in support of REALTOR® issues. The guide is not meant to mandate REALTORS® to vote for specific candidates, but as a vehicle for the Association and PAC to present our members and affiliates with a list of recommended candidates, based on input from fellow REALTORS® and the CTAR Board of Directors as to the candidates who best represent the values of REALTORS® and the real estate community.

If you would like to serve on a future candidate screening committee, please click here.

Changes to your business in 2014

2014 ushers in new federal real estate laws

Many changes have recently taken place at the Federal level, and will affect your business in 2014.  Be sure to stay up to date on the changes and how they may affect the real estate industry. Here are a few things to be aware of:

QUALIFIED MORTGAGE
NAR President-Elect Chris Polycron recently held a forum with Consumer Financial Protection Bureau chief Richard Cordray and leading economists on the impact of the Qualified Mortgage rule on lending and access to credit. Click here to view the forum.

Home loan lenders will be playing by new rules starting January 10th. The underwriting standards lenders must now follow include Qualified Mortgage (QM). While many REALTORS® may not have to directly deal with this rule, many economists predict access to credit will be restrained by as much as 10% as a result of QM, which would lead to fewer qualified borrowers for home loans. In addition, owners of affiliated businesses in a real estate transaction have limits on fees and points they can charge.

A QM sets the standard for the “ability to repay” the loan that lenders must make sure borrowers must meet or the loan will be considered “risky.” The QM is a loan that on its face would meet the ability to repay standards and have certain features associated with “safe” lending.

The biggest change doesn’t impact REALTORS® business, but the owners of affiliated real estate services. The QM rule fixes the percentage (at 3%) affiliated businesses can charge in fees and points in a real estate transaction. There is no cap for unaffiliated businesses. The QM rule does require numerous items to be considered in fees and points when determining for purposes of meeting the 3% cap. It establishes circumstances when all or part of appraisal fees will be included and there will be times when private mortgage insurance will be included (but not FHA and other government guarantee or insurance fees).  Read more about the QM rule, here.

MORTGAGE DEBT CANCELLATION ACT
Mortgage debt forgiven by a lender in a short sale or foreclosure will be taxed at ordinary income rates starting January 1st. A relief to paying this income tax expired. It is possible Congress could extend this tax exemption and make it retroactive. However, Without an extension, homeowners who have any amount of a mortgage forgiven by a lender either in a short sale or foreclosure would be subject to paying income taxes (at ordinary rates) on the amount of the forgiveness.

While there are still many procedural obstacles to overcome, Congress will most likely address individual tax provisions retroactively in 2014. As was the case with a previous extension, Congress is expected to retroactively apply Mortgage Cancellation relief to include transactions between January 1, 2014 and the enactment of the extension.  While the Senate has pledged to act early in 2014, the timing of a house vote is far less certain as House Republicans contemplate a vote on a larger tax reform package. As always, REALTORS® should not be giving tax advice to clients and should be encouraging them to consult a CPA.  Read more about Mortgage Debt Cancellation, here.

FHA LOAN LIMITS
The new single-family FHA loan limit in the tri-county is $308,200, down from $335,000. This will apply to all new case files opened in 2014. This is a result of FHA using 115% of the area median income instead of 125% as in the past. CTAR is analyzing the data and the requirements HUD used to determine the loan limits to see if an appeal should be made for the Charleston MSA.  Read more about FHA loan limits, here.

Want to know more? We have a speaker for you!
For more information – have CTAR’s Government Affairs Director Ryan Castle come to your office and discuss any government regulations regarding real estate. You can contact him via email or (843) 793-5212.

 

Take Action! Tell congress to extend the real estate tax provision

TAKE ACTION!
Homes sales to become more difficult without tax provision extension

If action is not taken soon, short sales could become even more difficult to complete next year. At the end of 2012, a tax break to families whose homes have lost value and are underwater could prove more difficult to sell without action from Congress.

At issue is a 2007 temporary law that exempts families from paying taxes on owner occupied homes for mortgage debt that was forgiven by the lender in a short sale or foreclosure. Prior to 2007, any mortgage debt forgiven required the seller to pay taxes as if that debt forgiven was ordinary income.

Home sellers in distressed situations are selling for a reason – they don’t have the money to pay their mortgage and are underwater. So they opt for a short sale or in drastic situations are foreclosed upon. They don’t have the money to pay the taxes and thus are saddled with more debt to the Internal Revenue Service (IRS).

Already real estate transactions, including loan modifications, short sales and foreclosures, are in the pipeline and may not be able to close before year-end. If owners are unable to close these transactions, and if Congress does not act, these owners and sellers will not receive the benefit of tax relief provisions they have relied on.

Why is this important?
• Homeowners shouldn’t be forced to pay tax on money they’ve already lost with cash they never received – and never will receive.

• More than 20% of current homeowners with a mortgage owe more on their homes than the current fair market value.

• Transactions not completed by year-end could become taxable in 2013, despite a borrower’s reliance on this tax relief.

• The housing market, while recovering, is still fragile enough that this tax relief will be needed in 2013 and possibly beyond.

TAKE ACTION!
Click here to tell Congress to extend this important real estate tax provision.

 

For more information on the Mortgage Debt Cancellation Act, click here.

Get your Realtor Voter Guide!

You’ve been busy taking listings, showing property and closing transactions. You may not have had time to vet the candidates running for office on November 6, so we thought we could offer a little help and provide you with information to help you make your decision.

Each election season, a volunteer group of REALTORS® take the time to interview the candidates running for office, review questionnaires filled out by the candidates and then rate the candidates based upon their positions and records as it relates to REALTOR® principles.

2012 REALTOR® Friendly Voter Guides
Click on a thumbnail below to download a PDF of each county’s voter guide. Click the names of candidates to access their websites and/or their completed interview questionnaires (where available). 

    

Elections matter – and the business of being a REALTOR® is affected as a result. Real estate is the most heavily regulated industry on the local, state and federal levels. Sign ordinances, the ability to freely transfer real property and protecting real estate tax benefits are issues that matter to your business and the community.

The Charleston Trident Association of REALTORS® (CTAR) and the REALTORS® Political Action Committee (RPAC) voting guide serves as a roadmap to voting in support of REALTOR® issues. The guide is not meant to mandate REALTORS® to vote for specific candidates, but as a vehicle for the Association and PAC to present our members and affiliates with a list of recommended candidates, based on input from fellow REALTORS® and the CTAR Board of Directors as to the candidates who best represent the values of REALTORS® and the real estate community.

If you would like to serve on a future candidate screening committee, please click here.

Understanding 2013’s Capital Gains Tax Changes


New tax on capital gains to go into effect in 2013

As the Supreme Court recently upheld the Affordable Care Act, it’s important to understand the details of the Act’s new taxes as they effect real estate and real estate derived incomes.

Starting January 1, 2013, there will be an additional 3.8% tax on investment income and capital gains for those individuals who make more than $200,000 of Adjusted Gross Income (AGI) or $250,000 AGI on a joint return. The new tax applies to investment income, defined as interest, dividends, capital gains and net rents. These items are all included in an individual’s AGI. A formula will determine what portion, if any, of these types of investment income would be subject to the tax.

Here are some additional facts based on misinformation that has been disseminated through emails:

The tax is NOT a transfer tax on real estate sales and similar transactions. Not long after the tax was enacted, erroneous and misleading documents went viral on the Internet and created a great deal of misunderstanding and made the tax into something far more draconian than the actual provisions.

The new tax does NOT eliminate the benefits of the $250,000/$500,000 exclusion on the sale of a principal residence. Thus, ONLY that portion of a gain above those thresholds is included in AGI and could be subject to the tax.

REALTORS® should familiarize themselves with the tax, but should not advise their clients about the application of the tax. The amount of tax will vary from individual to individual because the elements that comprise AGI differ from taxpayer to taxpayer.

Find additional information here, or download a brochure with hypothetical scenarios of the tax in action, as it relates to real estate.

See you at the Rally!

If real estate is your profession then politics is your business!

 

Please join us on March 27, 2012 on the South Carolina Statehouse grounds to show your support for the American Dream of Homeownership and Quality of Life for all South Carolinians!

CTAR will provide transportation to and from the Statehouse, but registration is required.

  • Meet with your legislators
  • RALLY with your REALTOR® colleagues
  • Grab a BBQ lunch courtesy of SCR!

2012 NAR President Moe Viessi will be a speaker at the Rally and press conference. Don’t miss your chance to meet Moe!