2009 - April - Osceola ReVIEW

FAIR HOUSING

April 2009

By Jose Alvarez APRIL IS FAIR HOUSING MONTH Dear Members: This April marks the 41st Anniversary of the 1968 Fair Housing Act. April is designated as Fair Housing Month to draw attention to the value of homeownership for all backgrounds of people and the commitment that REALTORS® make to ensure this fundamental right of everyone in America. The Association embraces the racial and ethnic diversity in Osceola County and strives to make the benefits of real property ownership available to all.

The United States of America was built by a diverse group of people. The strength, resilience, and richness of the United States of America are based on the diversity of its citizens. Everyone is equal in worth, and is entitled to the same privileges and opportunities regardless of their age, national origin, disability, gender or race. Each of us has our own unique background and talents. I believe that as REALTORS®, we have a responsibility to work with people of all cultures to achieve the dream of homeownership.

This responsibility is also a tremendous opportunity for REALTORS® who have the skills to reach this growing market even in these difficult economic times.

The National Association of REALTORS® (NAR), along with your Association, offers many tools to assist REALTORS® in developing and initiating diversity programs for their members and businesses.

A unique program that was developed by NAR is the professional development course At Home with Diversity®. An important component of this program is to teaching real estate professionals that buying and selling homes is largely the same in all neighborhoods, once you get past the language and cultural barriers that may exist. With a little investment of time and effort, a skillful REALTOR® can learn what it takes to succeed in diverse markets.

Knowing other REALTORS® who come from those backgrounds will help in many ways. For more information on At Home with Diversity®, you can visit www.realtor.org or contact the Association.

As real estate professionals, we are bound by the Code of Ethics, and we are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. We must also ensure that the home seller or landlord is not acting in a discriminatory manner in the sale, lease or rental of any property. Let's all learn about and from those who are different from us and celebrate those differences, and pledge to develop and implement fair housing practices for ourselves and our businesses, simply because it's the right thing to do, this month and every month.

Kissimmee/St. Cloud, Florida Serving Osceola County

Get started on the Road to Success with Homes.com!

Contact Tammy Birchler for More Information 407-702-4761 or email tammy.birchler@homes.com

Great Benefits at No Extra Cost!

• Targeted Distribution

a. Buyers who pick up our magazines are looking specifically to buy or sell a home b. Homes.com is distributed in Publix, Walmart, Winn Dixie, Albertson’s, Sams, Regal Cinemas and many other distribution spots c. Homes.com is distributed in Orange, Seminole, S. Lake and W. Volusia counties

Cultural sensitivity and understanding is important if we want to do business in our diverse markets. As REALTORS®, we can lead by example and have a positive influence over our communities. In this diverse marketplace, expanding homeownership must be about opening new doors – new doors to profitability for REALTORS® and new doors to minority citizens and immigrants who want to own their own homes.

• Internet a. Basic listing on Homes.com included FREE! b. ebooks - FREE! Interactive Online Magazine c. Potential Home buyers across the country are subscribing to our eBooks each month

• AdNet Online Ad Submission makes it easy and fast!

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a. Listings & photos transfer directly to Homes.com for immediate exposure b. Create and submit ads onliue

April 2009

EDUCATION NEWS

By Janice Murphy, Director of Knowledge Services DID YOU KNOW...

Completing Your Continuing Education On-line With today's market starting to take a positive turn, we wish all our members much success. I would hope this means you are out in the field all day and just maybe can't make it to the class you have registered for. Knowing you are working towards your hours to renew your license, you don't have to worry!

Your Association website offers a link to purchase the courses so that you can complete them on your own “down” time. Just go to www.osceolarealtors.org. Place your cursor on the “Education” button on the right-hand side of the homepage, where a pop-up menu will appear. Click on “Online Education” and from there you can select the course which most fits your needs.

challenging economic times. NAR took many of its existing fee-based tools, put them in a single location, and offers them for free, at cost, or at significantly reduced pricing. The program includes publications, education, services, resources and tools. NAR plans to update and change content monthly. In March, for example, the program offers free downloads of research reports, including the 2008 NAR Profile of Home Buyers & Sellers, and free downloads of NAR's “It's a Great Time to Buy” brochure.

REALTOR.org membership login is required to access some products.

“Right Tools, Right Now” is on Realtor.org at http://www.realtor.org/prodser.nsf/RightTools/Tools Home.

If you have any questions on this information or if I can be of any assistance, please call me at (407) 846-0117.

Make Yourself Stand Out Real estate professionals can distinguish themselves from the competition by giving prospects what they want. And how do they find out what clients want? They ask them. Once they know prospects' wants and needs, agents can create customized programs.

Additionally, agents should offer a Unique Selling Proposition (USP) that states who they are, what they do and the benefits of doing business with them – and they must deliver the USP clearly and within 60 seconds. Before creating a USP, REALTORS® must determine what makes their business unique, whether their homes sell faster and for more money, whether they save buyers time or money, what their costs are in comparison to competitors, whether their marketing programs and strategies are aggressive, and whether they offer more service and a better value then their rivals. When developing the USP, they should offer something unique, be specific in their statements, offer relevant services and information, ensure their message is believable, focus on a certain niche that is not too large or too small, and deliver the message in just a few words.

Right Tools, Right Now, Right Price The National Association of REALTORS® (NAR) rolled out a “Right Tools, Right Now” program recently to help REALTORS® excel during today's

407.846.0117 • www.osceolarealtors.org

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April 2009

The School District of Osceola County, Florida In light of the current economic times, we are all faced with the sometimes daunting task of refining our budgets, reducing our spending, revisiting our business plans and ramping up our savings. Whether you are managing the family finances, the operation of a business or overseeing a government agency, fiscal responsibility is paramount.

On March 17, 2009, Superintendent, Dr. Michael Grego, presented the School Board with a recommendation that would save the School District (i.e. – tax payers) more than $548,000.00 in the 2009/2010 school year. Dr. Grego has made it clear he intends to do what is required to streamline our school district and make the tough choices expected of our government leaders. The reality is Sales Tax, Impact Fee and Ad Valorem revenues are down. As you know, these revenue reductions have a direct and dramatic impact on the funding our school district receives. In light of these reductions, and others, Dr. Grego presented the School Board with a reorganization plan that reduces the number of top senior staff at the district level. Dr. Grego also recommended changes in the Curriculum and Instruction Department. Although these changes are rarely popular and do affect individuals and families, this Reorganization of District Offices will result in a leaner district, a reduction in School District spending and ensure more money is available in the classrooms our children learn in everyday.

During a Workshop held on March 2, 2009, Economic Development Administrator, Maria GrulichToumaszos, updated the Board of County Commissioners with ongoing Growth Management, Procurement and Economic Development efforts to keep interest in Osceola County high.

Additionally, Maria shared the newly proposed “Selected Targeted Industry Incentive Policy” being called “CHOOSE” (Capturing HighWage Opportunities for Osceola's Selected Enterprises). “CHOOSE” is designed to stimulate job creation in Osceola County with high paying and relevant 21st century jobs. Some of the Qualified Targeted Industries (QTI) included in “CHOOSE” are Manufacturing Facilities; Professional, Scientific and Technical Services; Corporate Headquarters; and Information Industries. The criteria required to qualify for QTI Incentives would include: • Paying at least 200% of the Osceola County average wage and to meet the targeted industry criteria.

• Creating 10 new jobs or increasing existing employment by 10%.

• Lowest hourly wage must be at least $2.00 above current minimum wage.

• Must provide a benefits package.

• Must demonstrate an effort to hire local Osceola County residents.

• Must prove that at least 25% of gross receipts or final sales will be made outside the State of Florida.

Inevitably, local schools will see reductions in teachers and staff due to decreased enrollment numbers; however, I applaud Dr. Grego for starting from the top down.

When your elected officials came before the OSCAR Candidate Screening Committee, they were specifically asked about their plans for Economic Development in Osceola County. Let's continue to encourage our elected officials to bring high-wage and relevant jobs to Osceola County – our community and industry depends on it!

Submitted by: Tim Weisheyer Tim@YourKissimmee.com 407-847-5428

Submitted by: Tim Weisheyer Tim@YourKissimmee.com 407-847-5428

Villages of Poinciana, Florida Osceola County, which is poised to get $14.1 million under the Neighborhood Stabilization Program and has the region's highest foreclosure rate at almost 10 percent, is requesting $4 million for a mixed-use development in Poinciana that would include a community health clinic with 30 rental apartments above.

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Osceola County, Florida

The state Agency for Health Care Administration has approved construction of a 60-bed acute-care hospital, which Osceola Regional Medical Center will operate. It was the second time the hospital has earned approval from the agency. The Agency for Health Care Administration gave St. Cloud officials 30 days to file an appeal with the 1st District Court of Appeal in Tallahassee “if they

change their minds,” agency spokeswoman Shelisha Durden said.

Absent that, Osceola Regional should have final approval to build the hospital in early April.

Dr. Thomas Bryer of the University of Central Florida, who heads the team from UCF that is conducting the incorporation feasibility study on whether or not Poinciana should become an incorporated municipality, has opened a website http://poincianafuture.org/ where residents can keep up with the study, read blogs on the issue and talk with other residents and members of the team. Also, the public is encouraged to participate in this process. A Citizens Advisory Committee has been formed, whereby they meet on Thursday’s every two weeks, to prepare a charter for the city, should it become incorporated, which the public is encouraged to attend.

Submitted by: Robert Loos Robert@EllisRealty.net 321-284-2560

April 2009

The City of Kissimmee, Florida A charter school for alternative education will be coming to downtown Kissimmee at 1100 N. Main St. The school is just south of Main Street's intersection with U.S. Highway 192. The charter high school will be catering to students who need flexible school hours to finish earning their diplomas. With approximately 20 teachers earning approximately $50,000 each, that will generate a payroll of $1 million dollars, and fill up an empty building at the gateway to Main St. Lakefront Project gets under way, as The Kissimmee Commission authorized a $9.5 million loan from SunTrust Bank to finance the first phase of construction, which will include mostly roadway changes.

Plans for the 50-acre lakefront park include changing Lakeshore Boulevard into a pedestrian walkway and moving traffic onto Johnson Street, which will be partially realigned as a thoroughfare along the park. City Manager Mark Durbin has said that construction will focus first on the middle of the park along the Ruby Street corridor, which will eventually become a tree-lined fountain plaza leading down to the wharf.

Mayor Jim Swan has asked the city manager to investigate the possibility of switching to a four-day workweek or cutting hours for Kissimmee's non-emergency staff in an effort to save money.

Commissioner Art Otero continues his push to establish a U.S. Customs Service office at the Kissimmee Gateway Airport in order that the city can reap the benefits of opening up the local airport to international planes.

The City of Kissimmee Commission unanimously approved a final price of $4,341,839 for the construction of the fire department's Station 11. The new one-story, 16,000 square-foot building will sit at the northeast corner of Clyde Avenue and Sumner Street. The new building will have a Leadership Energy and Environmental Design (LEED) certification, the city's first officially “green” or environmentally friendly public building.

Submitted by: Robert Loos Robert@EllisRealty.net 321-284-2560

The Public Policy Committee exists to keep REALTORS® informed of what is happening in local, state and national politics. Further, it is the intent of the Public Policy Committee to keep the voice of REALTORS® in front of our elected officials.

For more information on or to become part of the Public Policy Committee, please contact: Tim Weisheyer, Chairman, Public Policy Committee 407-847-5428 or Tim@YourKissimmee.com.

The City of Saint Cloud, Florida During the Feb. 26 Council meeting Bill Barrett, a lobbyist for St. Cloud with the State Legislature, gave a presentation for the City.

He stated that there is no money available for St. Cloud in the Stimulus Package. His reasoning was that there is too many strings attached and that funds are being spread out over too many projects for St. Cloud to qualify for any of them.

The first reading of the “By Local Preference”, an ordinance that is geared to stimulate local economy by granting more bids to local vendors, was passed. This ordinance allows local vendors to get bids on projects by matching the lowest bid. The Council also stated that a purchasing policy would follow to stop piggy-backing.

Resolution 2009-032R was voted on authorizing the negotiated procurement of the St. Cloud Transfer Station located at 2701 Peghorn Way from Omni Waste of St. Cloud LLC for $2,095,000. It was stated that the Transfer Station would have a projected net profit of $350,000 per year for the City of St. Cloud and would take 10+ years to pay off the debt of this purchase. Deputy Mayor Fertic suggested that the City obtain an appraisal, a non-biased opinion of value, to verify the feasibility of this purchase.

The City is also looking into reducing the fees for boat slips at the lakefront. Currently there are 79 vacant slips. They felt reducing fees would increase occupancy and, as such, increase revenue from the boat basin.

At the March 12 meeting of the City Council some interesting issues were discussed and voted on: • The first was the final reading of the Ordinance for Local Preference It passed 5-0 and will allow local vendors to match the lowest bid. This will come into effect within 30 days of this meeting.

• To reduce piggy-backing, the City passed a resolution amending the purchasing policy for the City to increase the City Manager's authority, from $25,000 to $50,000 and increase Department Directors’ authority from $1,000 to $5,000. These purchases can only be approved if they meet current budget items that have already been discussed and approved by Council.

• Deputy Mayor Fertic presented the possibility of allowing the City Manager to reduce liens and fines on pre-foreclosure and bank owned properties to expedite the sale of these properties. This will eliminate this long process to expedite short sales and foreclosure sales. Way to think out of the box, City of St. Cloud Submitted by: Mark Baker MarkBakerAppraisals@Earthlink.net 407-709-3569

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April 2009

Jeri Peyton, Association Executive ae@osceola-realtors.com Gwen Dukes, Director of Communications communications@osceola-realtors.com Bob St. Gordon, Controller accounts@osceola-realtors.com Janice Murphy, Director of Knowledge Services education@osceola-realtors.com Anneris Rivera, Member Services Representative memberservices@osceola-realtors.com Yessica Colon, Member Services Representative membership@osceola-realtors.com

ASSOCIATION OFFICE 1105 Shady Lane Kissimmee, Florida 34744 www.osceolarealtors.org Email: communications@osceola-realtors.com 407.846.0117 • 407.846.0217 fax

NEWSLETTER SUBMISSIONS In order to share the wealth of information contained in this newsletter in an efficient manner, please submit your articles via e-mail or fax by the 10th of the month. Please clearly indicate that submission is for the Osceola ReVIEW. Editor-in-Chief: Gwen Dukes Articles: communications@osceola-realtors.com Advertising: accounts@osceola-realtors.com For advertising inquiries please contact Bob St. Gordon at the Association Office. Your advertising defrays the cost of publishing. Thank you for your support.

Magic Financial Services, Inc.

The Osceola ReVIEW is published exclusively for the Association by Osceola Press Kissimmee, Florida 407.933.1820 • 407.933.1835 fax graphics@osceolaprinting.com Disclaimer: The Osceola ReVIEW is published for the members and affiliates of Osceola County Association of REALTORS®, Inc. by Osceola Press as a courtesy. Osceola Press nor the Association assume any responsibility for article content or advertising message as submitted for inclusion in the newsletter. Advertising and articles are not endorsed by the Association, nor is there any implied warranty by the Association or its staff.

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April 2009

Osceola Brokerage Cooperative Osceola Brokerage Cooperative

By Veronica Malolos,Chair

It's An Awesome Time To Be A Realtor® Last month, I had the great pleasure of helping a young engineer purchase his first home in Central Florida. It is not just a starter home; it is a 3 bedroom, 2 bath waterfront home with lake access to beautiful Lake Florida in Altamonte Springs. The buyer is 24 years old, recently graduated from Virginia Tech and is now currently employed by ABB. His parents are very good friends of mine and we go way back (way, way back). I still can't believe that we have children in their 20's, but that's another story. Their son just got a permanent position in Lake Mary and they had some serious thoughts on the advantages of buying a home instead of renting one in this current Buyers’ Market.

This led us on a wonderful journey of discovering what his budget of $250,000 could buy him. MortgageOne Financial Services did a wonderful job of pre-qualifying him for a 30year FHA mortgage with an interest rate of less than 5%. Between his own savings and a gift from his parents, he was easily poised to make a 20% down payment, which allowed him to have an affordable monthly payment.

Stewart Title handled the closing and did a fabulous job.

We looked at brand new town homes in Orlando, older single family homes in the Winter Park area and others in Maitland. This young man's interest is in water sports and

his real desire was to acquire a home on the water. At first I thought, hmmmm, now that's a challenge.

He belongs to a generation of Internet savvy young professionals, and we did business the way it is done nowadays. He preferred to look at listings on the Internet, which he would then send to me for my professional comments or advice.

He came across this listing on the web, and I went ahead and set up the showing. The rest is history. This home was 15 minutes from his place of employment and had potential for a future dock. It had soaring ceilings and beautiful views from every room in the house. It is located in a quiet, wooded neighborhood a jump, skip and hop away from the nearby mall.

It took nearly 60 days to close on this deal, but in the end I had a very happy young man and parents who are even happier for him. I thought to myself, wow, this is why I love being a REALTOR®, especially in this market. I helped a qualified young person purchase his first home for so much more than what $250,000 could have bought him a few years ago.

The good news for us is that there are qualified buyers out there; and there are good loans available for these qualified folks. Most importantly, there are awesome opportunities for your buyers to acquire properties that they never thought their money could buy a few years ago!

What a great time it is to buy real estate, and what an awesome time it is to be a REALTOR®!

GOAL SETTING

All classes will be held at the Association (unless noted otherwise) To register for any classes please visit the Association website www.osceolarealtors.org, click on “Online Member Services” button, enter your username and password and then click on the Education Calendar. If you have any questions, please call the Association at (407) 846-0117.

PLEASE NOTE: If you are registered and unable to attend, please call the Association to cancel, or you will incur a $20 cancellation fee. Thanks in advance for your cooperation.

MLS Training Classes There is one MLXchange Training class held each month. This is a mandatory class for new members. Even if you have already taken this class, you are invited to attend as a refresher course at any time.

April 2009

Thursday, April 9, 2009 Times: 9:00 a.m. – 12:00 Noon Instructor: Cynthia De Luca Location: Association Classroom, 1105 Shady Lane, Kissimmee, FL 34744 Description: Identify what a goal is, list the key elements of a goal, determine statistical information regarding sales price, calculate average commission earned, and know what your time is worth at the income level you want to earn.

Cost: Free CE Credit: 3 CE Hours

PROPERTY MANAGEMENT FOR THE RE PRACTITIONER Thursday, April 23, 2009 Times: 9:00 a.m. – 1:00 p.m.

Instructor: Marilyn “Charli” Phelps Location: Association Classroom, 1105 Shady Lane, Kissimmee, FL 34744 Description: Basic knowledge of why you're needed, what will be expected of you, how to operate a management office, the legal environment and ideas on where to obtain prospective tenants.

Cost: Free CE Credit: 4 CE Hours

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By Jeri Peyton FAIR HOUSING MONTH

T

his is Fair Housing Month and the Association embraces the cultural and ethnic diversity of our community. The nation is becoming an increasingly multi-cultural society.

Today's REALTORS® have a responsibility to work with people of all cultures to achieve the dream of homeownership. Prospective home buyers have the right to expect: ■Housing in their price range made available without discrimination ■Equal professional service ■The opportunity to consider a broad range of housing choices ■No discriminatory limitations on communities or locations of housing ■No discrimination in the financing, appraising, or insuring of housing ■Reasonable accommodations in rules, practices and procedures for persons with disabilities ■Non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling

New! Eight Listing Agreements The Florida Association of REALTORS® has modified 8 listing agreements (ERS-13tn, ERS13th, ERS-12sa, ERS-10nr, EBLA-5, ERS-5cp, ERL7 and LSLA-2). Changes include a provision that allows a seller to opt-out if a seller of property does not wish to have his/her property advertised on the Internet, or if a seller wishes to have property displayed on the Internet but does not want the property address displayed on the Internet. Check boxes have also been added so a seller may indicate if he/she doesn't want automatic valuations and comments/reviews about the property displayed on a Virtual Office Website (VOW).

Updated versions of these forms are now available in two areas of FAR's website, f l o r i d a r e a l t o r s . o r g – Fo r m s B a s i c a n d TransactionDesk.

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practitioners for their exemplary volunteer service.

The five winners will be announced in November in REALTOR®Magazine.

Each winner will be recognized at the 2009 REALTORS® Conference & Expo in San Diego, receive travel expenses to the conference, national media exposure for his or her community cause, and a $10,000 grant. In addition to the winners, five honorable mentions will each receive a $2,500 grant.

“REALTORS® build communities, and through their tremendous dedication and commitment to community service are helping to address critical issues many of our cities and towns are facing today,” said NAR President Charles McMillan. “The Good Neighbor Awards allow us to salute the very best of our REALTOR® volunteers who give so much of their time and energy to helping those in need.”

Express Your REALTOR® Pride!

There is big value in wearing your “R” pin.

Some 67% of consumers who recently bought or sold a home said their salesperson identified himself or herself as a REALTOR®, an all-time high according to a November 2008 image-tracking study by the National Association of REALTORS®. And 70% of respondents said they would likely use a REALTOR® again. It shows that buyers and sellers really are taking notice of the REALTOR® brand. So be sure to wear your pin every day, especially during REALTOR® Pride month in May. You should have received a pin when you completed your Code of Ethics training. If you did not get one, stop by the Association and pick one up. We have a variety of pins, i.e., magnetic, flag, that are for sale as well.

Please feel comfortable in calling me at (407) 846-0117, ext. 226, or emailing me at ae@osceolarealtors.com if you ever have any questions, concerns or comments about the Association or staff. I welcome your input.

Are You a Good Neighbor?

NAR's 2009 Good Neighbor Award The NATIONAL ASSOCIATION OF REALTORS® is now accepting applications for the 10th annual REALTOR® Magazine Good Neighbor Awards, which recognizes real estate

April 2009

The Code of Ethics Article 10 of the NATIONAL ASSOCIATION OF REALTORS® Code of Ethics provides that "REALTORS® shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin. REALTORS® shall not be a party to any plan or agreement to discriminate against a person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin REALTORS®, in their real estate employment practices, shall not discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status or national origin.”

A REALTOR® pledges to conduct business in keeping with the spirit and letter of the Code of Ethics.

Article 10 imposes obligations upon REALTORS® and is also a firm statement of support for equal opportunity in housing.

Civil Rights Act of 1866 The Civil Rights Act of 1866 prohibits all racial discrimination in the sale or rental of property.

Fair Housing Act The Fair Housing Act declares a national policy of fair housing throughout the United States. The law makes illegal any discrimination in the sale, lease or rental of housing, or making housing otherwise unavailable, because of race, color, religion, sex, handicap, familial status, or national origin.

REALTOR® Fair Housing Declaration I agree to: •Provide equal professional service without regard to the race, color, religion, sex, handicap, familial status, or national origin of any prospective client, customer, or of the residents of any community.

•Keep informed about fair housing law and practices, improving my clients' and customers' opportunities and my business.

•Develop advertising that indicates that everyone is welcome and no one is excluded;, expanding my client's and customer's opportunities to see, buy, or lease property.

•Inform my clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.

•Document my efforts to provide professional service, which will assist me in becoming a more responsive and successful REALTOR®.

•Refuse to tolerate non-compliance.

•Learn about those who are different from me, and celebrate those differences.

•Take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law •Develop and implement fair housing practices for my firm to carry out the spirit of this declaration.

April 2009

Americans with Disabilities Act Title III of the Americans with Disabilities Act prohibits discrimination against persons with disabilities in places of public accommodations and commercial facilities.

Equal Credit Opportunity Act The Equal Credit Opportunity Act makes discrimination unlawful with respect to any aspect of a credit application on the basis of race, color, religion, national origin, sex, marital status, age or because all or part of the applicant's income derives from any public assistance program.

State and Local Laws State and local laws often provide broader coverage and prohibit discrimination based on additional classes not covered by federal law.

The home seller, the home seeker, and the real estate professional all have rights and responsibilities under the law.

For the Home Seller As a home seller or landlord you have a responsibility and a requirement under the law not to discriminate in the sale, rental and financing of property on the basis of race, color, religion, sex, handicap, familial status, or national origin. You cannot instruct the licensed broker or salesperson acting as your agent to convey for you any limitations in the sale or rental because the real estate professional is also bound by law not to discriminate. Under the law, a home seller or landlord cannot establish discriminatory terms or conditions in the purchase or rental; deny that housing is available, or advertise that the property is available only to persons of a certain race, color, religion, sex, handicap, familial status, or national origin.

For the Home Seeker You have the right to expect that housing will be available to you without discrimination or other limitations based on race, color, religion, sex, handicap, familial status, or national origin.

This includes the right to expect:

Housing in your price range made available to you without discrimination

Equal professional service

The opportunity to consider a broad range of housing choices

No discriminatory limitations on communities or locations of housing

No discrimination in the financing, appraising, or insuring of housing

Reasonable accommodations in rules, practices and procedures for persons with disabilities

Non-discriminatory terms and conditions for the sale, rental, financing, or insuring of a dwelling

To be free from harassment or intimidation for exercising your fair housing rights.

For the Real Estate Professional Agents in a real estate transaction are prohibited by law from discriminating on the basis of race, color, religion, sex, handicap, familial status, or national origin. A request from the home seller or landlord to act in a discriminatory manner in the sale, lease or rental cannot legally be fulfilled by the real estate professional.

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Professional Standards

Professional Standards

By Robert St. Gordon,

Controller & Professional Standards Coordinator

The Life of a Professional Standards (Ethics/Mediation/Arbitration) Case I was delegated the role of Professional Standards Coordinator of your Association approximately 8 years ago.

The Professional Standards Coordinator has an exacting and detailed responsibility for each and every professional standards matter. I have been involved in many such matters over the years, and each and every case seems to evolve into a unique set of circumstances due to the personalities and circumstances involved. As a result, each and every Professional Standards matter must be dealt with great care. The role of the Professional Standards Coordinator is to provide an administrative channel for the appropriate parties to carry out their respective roles and functions as they relate to a Professional Standards issue.

This involves contact and correspondence with the Complainant, Respondent, Association Attorney, Party's Attorneys, Witnesses, Grievance, Mediation, Professional Standards Committees, Association Executive, Board President, and Board of Directors. The Professional Standards Coordinator receives and distributes all related correspondence such as ethics complaints or arbitration requests from receipt to conclusion to the appropriate parties and committees. The Professional Standards Coordinator is responsible for all records and recordings relating to such matters. The Professional Standards Coordinator gives advice regarding appropriate and

required procedures and coordinates all meetings and hearings.

The Professional Standards Coordinator does not make determinations nor express an opinion regarding the decisions or outcome of such matters.

Based on my experience, and it has been quite the experience, it generally takes between four and nine months for a Professional Standards case to run its course. The timing of a case depends, in part, on the complexity of the case.

Additionally, the process is designed to ensure a fair outcome for both parties. This includes receiving a written ethics complaint or arbitration request, requesting and distributing a response, and review by the Grievance Committee. If the case is undergoing legal proceedings, it is put into abeyance (frozen) until such legal proceedings are completed. The Grievance Committee can amend, and/or forward to hearing, or dismiss the case. If the Grievance Committee amends or dismisses a case, the parties then have the right to appeal the Grievance Committee decision to the President/Board of Directors. If the Grievance Committee decision is appealed, we then have an Appeal Hearing before the Board of Directors or special Committee delegated by the President.

If the case is forwarded for hearing, we must select a hearing panel, and the parties then have the right to challenge hearing panelist. If a panelist is successfully challenged, then we go back to panel selection. If a case is going to hearing, we then attempt to establish a hearing date, which is practically an

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April 2009

Act of Congress itself. We must establish a mutual date for both parties involved, hearing panelists, attorneys and witnesses, while considering staff and room availability. We then provide the notice of hearing procedures and the date of hearing. At this time we also request that all parties involved are provided with a list of witnesses and attorneys who will attend.

After a hearing date is set, a continuance or postponement may be granted by the Panel Chairperson under extenuating circumstances. At hearing, both parties and witnesses give testimony, in many cases under the guidance and scrutiny of attorneys. Both parties and/or attorneys also have a right to cross examine each person giving testimony.

After both parties are satisfied that they have had ample opportunity to give their side of the story, the hearing panelists go into executive session and make a decision. Most hearings take between four hours to all day. The hearing panel decision is then reviewed and finalized by our Association Attorney, signed by the hearing panelist, and sent to both parties. Both parties then have a right to appeal the hearing panel decision to the President/Board of Directors. If appealed, then we have an appeal hearing. If there is no appeal within the allowed time frames, the hearing panel's decision for Arbitration become final. The hearing panel's decision regarding an ethics complaint does not become final until after the appeal process is completed and until formal review and approval by the Board of Directors.

As of this writing, the Association has processed and/or is processing thirteen (13) Professional Standards cases originated in 2008, 2009. Based on my past experience, we normally process two to four such cases per year. Of course, in today's economic climate, the volume of cases has risen dramatically. We have or are processing seven ethics complaints dealing with issues such as: Short sales, and Code of Ethics Articles 3, 6, 11, 12, and 16.

If a REALTOR® has been found to violate the Code of Ethics, they are automatically assessed an administrative fee of $250 and can be fined up to an additional $5,000. The hearing panel can also require education, write a letter of reprimand, and/or suspend membership. We also have or are processing six arbitration cases originated in 2008, 2009 with financial disputes ranging from $4,000 to $82,000. Arbitration requires a minimum deposit of $250 from each party and is usually retained to help defray Association Attorney and other costs involved. In most arbitration cases, there is usually a 100% award of the commission in dispute by the Hearing Panel to only one party. The other party usually gets nothing.

Mediation is a fantastic and less formal alternative to Arbitration. Mediation can be accomplished as soon as both parties voluntarily agree to a Mediator and when to mediate.

In mediation, both parties get together with one Mediator to try and come to

April 2009

a friendly resolution. Both parties can agree to split the commission disputed in any way or percentage they mutually feel is fair. And if mediation does not result in a mutual agreement, both parties can then go back to the arbitration process. Any matters previously discussed or offered during Mediation are not allowed in the arbitration hearing. After arbitration or successful mediation, if the party in question does not pay, the prevailing party's only recourse is court and/or to file a nonpayment of commission complaint with the Florida Real Estate Commission.

Once an arbitration award or mediation agreement is finalized, these documents are more than likely to be upheld by the court system and the prevailing party is usually awarded legal costs in addition to the amount in dispute. And the Florida Real Estate Commission can suspend or revoke a Broker’s real estate license for failure to pay a commission.

The number one complaint I hear on almost a daily basis is: “the REALTOR® and/or Broker in question is not responding to my phone calls, faxes, or emails and I can't get resolution of my issue”. If a person cannot communicate or resolve their complaint directly with the REALTOR® and/or Broker, then their only other recourse is to file a complaint with the Association, Florida Real Estate Commission, Multiple Listing Service, and/or go to court. Once a complaint is filed, the REALTOR®(s) in question can be required by any and/or all of these organizations to respond to the complaint. And as you can imagine, this can involve lawyers, become very expensive, stressful, and time consuming.

I have seen all too often that many difficulties between real estate professionals and/or the public result from misunderstanding, miscommunication, or lack of adequate communication. If you have a problem with a fellow REALTOR® or member of the public, you may want to speak with them and/or the broker of the firm.

Open, constructive discussion often resolves the issue(s), eliminating the need for further action. If the issue cannot be resolved in such a manner, then the unsatisfied party has the right to file against a REALTOR® an ethics complaint and/or request for mediation/arbitration.

The life of a Professional Standards case is a lengthy and complex set of processes designed to ensure fairness to all parties. The length of each case depends in part, on how quickly and/or adequately the parties involved respond to the process. Additionally, the degree of preparation of the parties involved will also play a key role in the timing and conclusion of the case. Such preparation will also greatly enhance the likelihood of that party's success.

Should you have any questions regarding Professional Standards, please feel free to contact me at (407) 846-0117 or go on our website www.osceolarealtors.org, under “Board of Directors”. You can also obtain information on the Florida and National Association of REALTORS® websites.

11

Property Committee PropertyManagement M anagement Committee

By Riva Alexander, 2009 Chair I was asked to write an article as the Chairperson of the Property Management Council, however, I would like to address you as a fellow REALTOR® meeting the day to day challenges of taking care of customers, helping them out of difficult situations and all the while no time for ourselves. How lucky are we, though, that we can simply work more hours although extremely tired doing so, yet be in a profession where time=money. We have control over our own financial situations. There are those who work for “others” and their lives are controlled by “others”. Their hours are cut back or they are laid off. The only person who can lay me off is me. Although this economic climate is by far the worse we have ever seen in most of our lifetimes, here's the good news, people always need a place to live and Florida is a prime destination. In the late 80's and early 90's I was a relatively new REALTOR® having earned my license in 1984 and then life dealt me a divorce in 1988, and I was a single mom who had started a new business – not a career but a business. What to do, what to do? My kids were envelope stuffers, and I would walk neighborhoods going door to door with my 11 year old in tow on his skateboard.

Great family time! If I was working with a buyer and the time rolled over into time that the school bus dropped off, well, we diverted to pick him up and he joined us. At that time, though, the MLS was in a telephone sized book and he

had learned all the abbreviations so he became my “assistant” reading off the details of homes from the back seat.

Real estate afforded me the opportunity to be at his soccer practices, all the while in my car making calls (cell phones were CAR phones then) or going to my daughter's Girl Scout meetings. When she got her high school job as a clown for kid's parties doing animal balloons and face painting, she was hired for events at our real estate office. We were a team – I was a good single mom, and I was able to support my kids. I can remember arriving at the office at 7am before the sun came up. I was generally the last to leave. When I could hear the crickets chirping in the lowlands behind the office and the steel band in the restaurant below had stopped, I knew it was time to go home. But the light at the end of the tunnel came and life returned to normal.

As I was leaving the office the other evening and checking the doors, I heard a voice from a desk in the front of the office say “ have a nice evening” – I didn't even see her there I was so tired, and I apologized explaining that I had been up since 3 in the morning working. She replied, “How wonderful that you have business to keep you busy for all those hours” and it made me remember those days back in the late 80's and early 90's. I was once again reminded that there is indeed a light at the end of the tunnel, and how fortunate we are to be real estate professionals.

12

April 2009

MEMBER MemberSPOTLIGHT Spotlight Yessica Colon Member Services Representative

This month's Spotlight is on……

LEADERSHIP MEETINGS EXECUTIVE COMMITTEE MEETING APRIL 29, 2009, at 8:00 a.m.

BOARD OF DIRECTORS APRIL 29, 2009, at 9:00 a.m.

Y

essicaColon(pronounced“Jessica”)began working here at the Association just a few weeks ago. She has a Real Estate background working for ERA Homestead Realty and Watson Realty in the past. She also has her Associates Degree in Computer Graphics, with experience in advertising and marketing.

Yessica Colon was born in Aguadilla, Puerto Rico and raised in Kissimmee, Florida. She loves to dance to all types of music, enjoys spending time with family and friends, and loves to travel. She has been married going on 8 years with her husband and has no children. Her parents and her brothers live here locally along with her two nieces which she loves very much.

ASSOCIATION LEADERSHIP President ......................................Jose Alvarez President-Elect .............................Len Goffredo Vice-President......................Veronica Malolos Treasurer .......................................Mike Levine Secretary ........................Andrey Bustamante Past President...........................Hope Andrews Directors Rajia Ackley Riva Alexander Renee Clark David Courtney David DeLoach Kim Goodwin

Kemp Howland John Iannone Richard Knapp Denise Sacks Tim Weisheyer

Legal Counsel .........................Danny Villazon 13

April 2009

Monthly Planner

SUN.

MONDAY

TUESDAY

IMAPP (Hands On Bring Your Laptop) 9:00 am - 12:00 noon

5

6 Public Policy Committee Meeting 3:00 pm - 4:00 pm

12

April 2009 Monthly Planner

19

13

20

MLXchange en Espa単ol 9:00 am - 12:00 pm Listing Maintenance en Espa単ol 1:00 am - 3:00 pm

26

MLS Marketing 8:30 am - 9:30 am

7

Osceola Affiliate Council 9:30 am - 10:30 am

Property Management Meeting 9:00 am - 11:00 am

27

3

4 Public Policy Meeting 3:00 pm - 4:00 pm

14

MLS Marketing 8:30 am - 9:30 am

MLS Marketing 21 8:30 am - 9:30 am Knowledge Services Team Meeting 9:30 am - 10:30 am

11

17

18

MLXchange Basic en Espa単ol 9:00 am - 12:00 pm

9 Goal Setting 9:00 am - 12:00 noon Instructor: Cynthia DeLuca

15

16

28

MLS Marketing 8:30 am - 9:30 am

29

Executive Committee Meeting 8:00 am - 9:00 pm

Board of Directors 9:00 am - 10:00 am

5

MLS Marketing 12 8:30 am - 9:30 am Hispanic Network Mtg. 9:30 am - 10:30 am

19

MLX Marketing Basic 9:00 am - 12:00 pm

6

Entering Listings 1:00 pm - 3:00 pm

13 New Member Welcome 10:00 am - 12:00 Noon

3

SAT. 4

GOOD FRIDAY ASSOCIATION CLOSED ALL DAY

10

11

17

18

WCR Meeting 1105 Shady Ln 10:30 am - 12:30 pm

22

Agent Web Page Setup (Hands On - Bring Laptop) 9:00 am - 12:00 noon

FRIDAY

Marketing With Video 9:00 am - 11:00 am Instructor: Kemp Howland

8

MLS Tools 1:00 pm - 3:00 pm

Utility Task Force Mgt. 9:30 am - 10:00 am

MLS Marketing 8:30 am - 9:30 am

THURSDAY 2

New Member Welcome 10:00 am - 12:00 noon

Hispanic Network Meeting 9:30 am - 10:30 am

Osceola Realtors Council 9:30 am - 10:30 am

Property Management Mtg. 9:00 am - 11:00 am

MLXchange Basic 9:00 am - 12:00 noon Entering Listings 1:00 pm - 3:00 pm

MLS Marketing Committee Meeting 9:30 am - 10:30 am

10

May 2009

WEDNESDAY 1

23

24

25

1

2

Property Management For The RE Professional (Charli Phelps, Instructor) 9:00 am - 1:00 pm

30

Young Professionals Network (Samba Room) 6:30 pm

Mortgage Fraud & Identity Theft 9:00 am - 12:00 pm Instructor: Grant Simon 3 CE Hrs

7

8 WCR Meeting (Association Classroom) 10:30 am - 12:30 pm

9 President Reception Cuba Libra 6:00 pm

14 Tax Law Changes 9:00 am - 12:00 pm Instructor: Hemendra Thakkar 3 CE Hrs

15

21

22

23

28

29

30

20

16 CF Walk at St. Cloud Lakefront TEAM OSCAR 8:30 am

Listing Maintenance en Espa単ol 1:00 pm - 3:00 pm

24 31

25 MEMORIAL DAY ASSOCIATION CLOSED ALL DAY

26 MLS Marketing Committee Mtg 9:30 am - 10:30 am

27

Executive Committee 8:00 am - 9:00 am Boards of Directors 9:00 am - 10:00 am

Young Professional Network 6:30 pm Location TBD

14

April 2009

15

April 2009

PRSRT STD. US POSTAGE PAID PERMIT #3172 ORLANDO, FL

CASA LATINO OF HUNTERS CREEK. . . . JOSEPH LA ROSA 3234 Hillsdale Ln. * Kissimmee, FL 34741 Phone: (321) 281-6884 GMAC REAL ESTATE . . . . . . . . . . . . . . . . K EV I NEARNEST 1555 N. Maitland Ave. * Maitland, FL 32751 Phone: (321) 397-4622 * Fax: (321) 397-4623 RE/MAX PROS . . . . . . . . . . . . . . . . . . . . . WILLIAM PARR 3192 S. John Young Pkwy. Ste. A * Kissimmee, FL 34746 Phone: (407) 201-7931 * Fax: (407) 201-7935 SUPERIORFLORIDAREALTY.COM, INC. . . . . LARS HELDRE 877 E. Palmetto Park Rd * Boca Raton, FL 33434 Phone: (561) 300-3001 * Fax: (561) 392-8280

QUINONES & OLIVER . . . . . . . . . . . . . LEWIS OLIVER, III . . . . . . . . . . . . . . . . . . . . . . . . . & JOHN QUINONES, IV 24 N. Clyde Ave. * Kissimmee, FL 34741 Phone: (407) 870-8857 * Fax: (407) 932-4750

Bonnie Carter . . . . . . . . . . . . . . . . . . . . . . . . . . . Wat so nRe alt yCo r p.

Luis A. Diaz. . . . . . . . . . . . . . . . . . . . . . Americas Properties & Realty Elsa Dilone . . . . . . . . . . . . . . . . . . . . . . Ke l l e r Wiams i l l At The Lake s John Dunstan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Hamilt o nRe alt y Kevin Earnest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . GMAC Re al Est at e Felix Estrada. . . . . . . . . . . . . . . . . . . . . Property Outlet International Steinar Faanes . . . . . . . . . . . . . . . . . SuperiorFloridaRealty.com, Inc. Lars Heldre . . . . . . . . . . . . . . . . . . . . SuperiorFloridaRealty.com, Inc. Lili Hofer . . . . . . . . . . . . . . . . . . . . . . . . Enge l& Vo eke l r sCe le br at io n Elbert Humphrey . . . . . . . . . . . . . . . . . . . . . . . . Wat so nRe alt yCo r p.

Calitha John . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CJ Re alt y, LLC Tyshia Johnson . . . . . . . Weichert REALTORS® Hallmark Properties Jia Liu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N umbe r 1Br o ek r, LLC Matthew Morris . . . . . . . . . . . . . . . . . Coldwell Banker Ackley Realty William Parr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R E/MAX Pr o s Olga-Lucia Posada-Henao. . . . . . . . . . . . . Tutas Towne Realty, Inc. Luis H. Rodriguez . . . . . . . Century 21 - Sifonte’s Golden Realty, Inc. Angel Rosa . . . . . . . . . . . . . . . . . American Realty Group of USA, LLC Lisa Sirabella . . . . . . . . . . . . . . . . . . . . . . . . Tutas Towne Realty, Inc. Michael Stastka. . . . . . . . . . . . . . . . . . . . . . . . . . . . BG Pr oef s io nals Shelly Swift . . . . . . . . . . . . . . . . . . . . . Coldwell Banker Ackley Realty Maria Uribe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 365 Re alt y, Inc.

President’s Reception Saturday, May 9th Cuba Libre 9101 International Drive, Orlando, FL 32819

Cocktails 6:00 pm - 7:00 pm

Dinner 7:00 pm

Music & Show 10:00 pm

Cost: $35 (Register at http://membership.osceola-realtors.com)

April 2009