Real Estate Archives The Quitmeier Law Firm of Kansas City

Is Your Home Business Compliant with Zoning Laws?

Have you ever checked your local county or city clerk’s office to review your area’s zoning laws? Most people haven’t ever done so, but if you run a business out of your home it’s important that you know the local zoning laws. If your business is not in compliance, you could be put out of business.

Most communities establish zones or boundaries for commercial businesses, such as stores, and they also have set areas for residences. Local zoning ordinances may prohibit businesses from operating in certain residential areas. However, other ordinances may permit certain home-based businesses as long as the house is primarily used for residential purposes and the commercial activities don’t affect neighbors or the neighborhood.

If you are considering starting a home-based business or are already operating one, here are some tips to make sure you are compliant with local zoning laws:

Obtain a copy of the local zoning ordinances from your city or county clerk’s office

Obtain a copy of the covenants, conditions, and restrictions (CC&Rs) for your subdivision or condominium. Your community may have rules regarding property use for home-based businesses. Often, these rules are more strictly enforced than the county or city zoning ordinances.

Consult with an experienced real estate attorney to help you understand the ordinances, rules and their restrictions

Don’t call the clerk’s office or the community association yourself requesting clarification or giving lots of details about your business, or you may find your business suddenly under investigation

If you have received a negative decision from your local planning board that your home business is not in compliance and must be shut down, an experienced Kansas City real estate attorney can help you appeal that decision. Our law firm can also help you interpret your local zoning ordinances and CC&Rs to ensure your compliance and help protect your business. Contact us.

The Mailbox Rule

Homeowners associations (HOAs) are bound to provide notice of delinquency of HOA fees to homeowners and condominium owners before taking legal action to collect or placing a lien on the property. Many homeowners try to claim they never received proper notice from the HOA. Fortunately for the HOAs, they have the mailbox rule on their side.

The mailbox rule is followed by many states, including Missouri, and it states that when a mailing has the proper address on it and it is placed in the mail with proper postage, a presumption is created that the addressee properly received the mailing. So, if an HOA correctly addresses a notice of delinquency or notice of lien to a homeowner and places it in the mail with proper postage, there is a presumption under the law that the homeowner received the notice.

In spite of the mailbox rule, there are some other things that an HOA should do to be able to rebut homeowners’ contentions that they did not receive proper notice:

Maintain proper records of homeowners’ mailing addresses and frequently update the database

Comply with all HOA mailing requirements. For instance, if the HOA’s rules require notice to be given by certified mail, it’s important to send the notices by certified mail. However, the HOA should be aware that while certified mail can help prove the mailing date, homeowners often refuse to accept the certified mailing. If the certified letter is rejected by the homeowner, the HOA should also send out the notice by regular mail as well to keep the mailbox rule presumption in play

Keep a copy of all notices that were sent to each homeowner. If a lawsuit has not yet been filed, sometimes simply providing the homeowner with copies of the notices helps them realize their error and make proper payments to avoid litigation

HOAs should keep clear records and accurately record payments as they are made. Failure to implement clear recordkeeping policies can be costly to the HOA and sometimes can wind up costing the HOA more than the homeowner fees they were attempting to recover. Our experienced Kansas City real estate attorneys can help provide your HOA with up-to-date legal advice and help recover all fees and assessments that are due. Contact us today.

Is Seller Financing Right For You?

If you are selling a home or commercial piece of real estate and are having trouble finding a qualified buyer, you may wonder whether the property will move faster if you help finance the transaction yourself. In certain circumstances, seller financing may be just the solution for you.

Seller financing happens when a seller helps to finance a real estate transaction. This form of financing can be used when the buyer has difficulty qualifying for a conventional loan. With a conventional loan, the lender extends cash to the buyer to purchase the home. With a seller-financed loan, the seller simply extends a credit against the purchase price of the home.

Seller financing is a good creative solution to use when the buyer is ready, willing and able to make the purchase, but is having difficulty qualifying for a conventional loan. A seller-financed transaction can be a win-win situation for both parties: It offers tax breaks for the seller, and it provides a way to purchase the property for the buyer. However, there are numerous risks involved and sellers should take several steps before entering into a seller-financed transaction. For example, the seller should examine and investigate the credit risk of the buyer, just as any other lender would do. The seller should also examine whether the property will likely continue to hold enough value over the term of the transaction to allow the loan to be repaid in full. Finally, the seller should ensure that the buyer maintains appropriate insurance on the property at all times.

Our attorneys can help you investigate whether a seller-financed transaction might be right for you, and we can help you draw up the real estate sales contract to ensure your full protection. Contact The Quitmeier Law Firm today.

Legal Options For Commercial Landlords

As a commercial landlord, you likely manage a variety of tenant issues on a daily basis. Under Missouri law, what powers do you have to enforce your rights? Well, when it comes to legal actions, you have a number of options.

First, you have the right to file for rent and possession through a court order. Self-eviction is illegal in Missouri. This means that if a tenant has not paid rent, the only way to evict the tenant is through a court order. A rent and possession order will allow the landlord to retake possession of the property, recover past due rent, and collect court costs. After an order is granted, a sheriff will then enforce the order.

You also have the ability to file an unlawful detainer action. This is an action a landlord may take when a tenant fails to leave the property once the lease terminates. Termination can occur once the lease period has expired, or due to breach, damage to the property or some type of improper use of the property.

In emergency situations, you may move for an expedited eviction. Where eviction through other means would likely result in injury to the tenant or landlord or severe property damage, an expedited eviction may be available. Oftentimes, an emergency eviction is sought when criminal drug activity is occurring on the property.

Finally, you as a landlord may have a contract action against a departed tenant under the prior lease agreement. You may seek damages for unpaid rent or utilities, damage to the property, and possible attorney fees and court costs if the lease so stipulates.

If you are struggling with your commercial tenant, contact an experienced Missouri real estate attorney at Quitmeier Law Firm.

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