FLOOD OF SURPRISE: COUNTY-REQUIRED DOWNSTAIRS ENCLOSURE INSPECTION PRIOR TO HOME SALE DRAWS OPPOSITION

County flood regulations approved by Monroe County commissioners in late 2022 took effect March 7. With them came changes to the definition of an accessory structure and several updates, such as one that stipulates the size of an accessory structure.

Not new to the code, however, is an inspection that’s required of an elevated home’s enclosed area that’s located below base flood prior to the sale of property in unincorporated Monroe County. Known as the Transfer of Ownership program, the rule has been in effect since 2012.

Inspections of enclosed structures below flood, however, weren’t regularly performed by the county’s building department, which lacked the capacity to perform the task.

For many Keys title and real estate agents, the inspection requirement that carried forward into the new ordinance came as a surprise. Some within the Keys real estate world said they were made aware of the inspection requirement from an email by the Florida Keys Board of Realtors several days after the ordinance took effect. And several members on the county’s Contractors Examining Board said they weren’t particularly familiar with it during a March 14 meeting.

edged the confusion within the real estate community over the rule and concern over how it would affect upcoming closings. As a result, the BOCC put a temporary bandage on the issue by approving a resolution that shields sellers from any lawsuits by buyers in regard to the inspection program through the current and previous ordinance.

Commissioners also set a special April 6 meeting at 10 a.m. at the Marathon Government Center to further discuss the matter.

“Nobody was preparing for it to take effect,” Mayor Craig Cates said.

Through the Transfer of Ownership program, Karl Bursa, county senior floodplain manager, said a buyer or a seller would need to request an inspection if they have an enclosed structure below flood. County building staff would visit the home and document the enclosure. Once that inspection concluded, documentation would be provided stating whether the enclosure is in compliance with county standards.

If a downstairs enclosure was found to be illegal and unpermitted work, Bursa said there would be no code compliance case brought against the owner where a teardown would be required of the enclosure. But it would affect the new property owner’s ability to obtain a permit if that enclosure was identified by the county as illegal and unpermitted.

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Bursa said the inspection requirement was put in place to inform the buyer whether the downstairs enclosure complies with current county regulations.

Key Largo resident Marlen Weeks is a title agent. She said she found out about the new ordinance and the inspection program through a friend who encouraged her to watch the March 14 Contractors Examining Board meeting. Weeks was critical of county staff for not reaching out to title agents, loan officers, real estate agents and local boards to hold presentations and present information. She said the industry is trying to figure out how to move forward while the county works on the details needed to carry out the inspections. She asked the BOCC to change the effective date of the inspection until the building department has forms and staff in place, as well as a timeline for reporting.

“If these revisions were adopted in November, why isn’t the process already in place? You have caused unnecessary chaos in our industry, which has real-world consequences for all of us.” continued on page 34

Changes to the code through an ordinance began with three community meetings to unveil the proposed changes. They were held in December 2021 and in January and February 2022. The proposal then went through the county’s Development Review Committee, the planning commission and the county commissioners. The BOCC approved the ordinance on Nov. 15, 2022.

JIM McCARTHY jim@keysweekly.com

Monroe County Trauma Star is operated in partnership with the Board of County Commissioners, Sheriff’s Office and Fire Rescue. Sikorski S76s, pictured, are currently used to transport patients to critical care facilities in Miami. On March 22, the BOCC approved the purchase of three new Leonardo AW139 helicopters to boost operations. MCSO/Contributed