Desoto County Mississippi Real Estate



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Desoto County Mississippi Real Estate
Hernando, Olive Branch, Southaven, Nesbit & Walls in Desoto County
Mississippi
| Q: | Do condos have to be made accessible to the disabled? |
| A: |
The 1990
Americans with Disabilities Act does not require
strictly residential apartments and single-family homes
to be made accessible. But all new construction of
public accommodations or commercial projects (such as a
government building or a shopping mall) must be
accessible. New multi-family construction also falls
into this category.
In all states, the Federal Fair Housing Act provides protection against discrimination for people with physical or mental disabilities. Discrimination includes the refusal to make reasonable modifications to buildings that aren't accessible to the disabled. Two educational brochures, "Housing Rights" and "Discrimination is Against the Law," are available through the Department of Fair Employment and Housing by calling (800) 884-1684. |
| Q: | Can condos ban smoking? |
| A: |
A homeowners
association's board of directors can restrict smoking if
it applies to indoor common spaces such as hallways or
recreation rooms. Outdoor spaces are a different story,
say legal experts. Any restriction would probably hinge
on local laws (i.e. if a city banned smoking outdoors, a
homeowners association probably could restrict smoking
in its outdoor spaces).
Typical covenants, codes and restrictions (CC&Rs),
which govern condo associations, give the board
authority to make and enforce reasonable rules for the
use of common property. But that would not apply to
interior spaces owned by smokers themselves. |
| Q: | Can a condo association ban nudity? |
| A: |
Could you
sunbathe in the nude on your own balcony? Not
necessarily. In a condominium development, a balcony is
not considered private property but common property
assigned to your exclusive use but a common area
nontheless.
Covenants, codes and restrictions (CC&Rs) usually spell out what activities can and cannot be conducted on common property. Some associations prevent people from barbecuing on their balconies or hanging large plants from the railings. However, the larger issue of regulating personal conduct is not so clear-cut. It literally depends on what side of the fence you're on. If the sunbather can be seen from a public vantage point -- not by someone who must climb a tree or peer through binoculars -- then the rule probably would be considered reasonable, say legal experts. Incidentally, there are places where nudity is tolerated but again, only out of public view. |
| Q: | Are condos a good investment? |
| A: |
Condominiums
have held their value as an investment despite economic
downturns and problems with some associations. In fact,
condos have appreciated more in the last few years than
when they first came on the scene in the late 1970s and
early 1980s, experts say.
While there are lots of reports about homeowners association disputes and construction-defect problems, the industry has worked hard to turn its image around. Elected volunteers who serve on association boards are better trained at handling complex budget and legal issues, for example, while many boards go to great lengths to avoid the kind of protracted and expensive litigation that has hurt resale value in the past. Meanwhile, changing demographics are making condominiums more attractive investments for single home buyers, empty nesters and first-time buyers in expensive markets. |
| Q: | What's a house worth? |
| A: |
A home is
worth what someone will pay for it. Everything else is
an estimate of value. To determine a property's value,
most people turn to either an appraisal or a comparative
market analysis.
An appraisal is a certified appraiser's estimate amenities, energy efficiency, the quality of the of the value of a home at a given point in time. To make their determination, appraisers consider square footage, construction quality, design, floor plan, neighborhood and availability of transportation, shopping and schools. Appraisers also take lot size, topography, view and landscaping into account. A comparative market analysis is an informal estimate of market value, based on comparable sales in the neighborhood, performed by a real estate agent or broker. You can do your own cost comparison by looking up recent sales of comparable properties in public records. These records are available at local recorder's or assessor's offices, through private companies or on the Internet. |
| Q: | Where do I get information on condo association laws? |
| A: |
Resources: * "The Condominium Bluebook" by Branden E. Bickel, B&B Publications, San Francisco, CA; 1994; call (415) 433-1233). * Community Associations Institute, Alexandria, VA; (703) 548-8600. |
| Q: | Where do I get information on condos? |
| A: | The major interest group for condominium projects and other so-called common-intereset developments is the nonprofit Community Associations Institute,1630 Duke St., Alexandria, VA 22314; (703) 548-8600. Also, check the Internet where CAI operates an informative site as does CIDNetworks. |
| Q: | How are fees and assessments figured in a homeowners association? |
| A: |
Homeowners
association fees are considered personal living expenses
and are not tax-deductible. If, however, an association
has a special assessment to make one or more capital
improvements, condo owners may be able to add the
expense to their cost basis. Cost basis is a term for
the money an owner spends for permanent improvements
throughout their time in the home and is used to reduce
eventual capital gains taxes when the property is sold.
For example, if the association puts a new roof on a
building, the expense could be considered part of a
condo owner's cost basis only if they lived directly
underneath it. Overall improvements to common areas,
such as the installation of a swimming pool, need to be
considered on a case-by-case basis but most can be
included in the cost basis of any owner who can show
their home directly benefits from the work.
To find out more about how the IRS views condo association fees, look to IRS Publication 17, "Your Federal Income Tax," which includes a section on condos. Order a free copy by calling (800) TAX-FORM. |
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