realtor revie bank david sprague 541-618-6733 [email protected] umpqua inspections craig...
TRANSCRIPT
Issue
02 February
2015
Review REALTOR A MESSAGE FROM YOUR PRESIDENT...
P. 1
P. 3
P. 2
This Issue Message from you President
Private Wells by Dan McKinney
February Birthdays
Welcoming Spotlights P. 4
The old Padra fixed his eyes
sternly on the children with a
firm stare. “This same fight
is going on inside you and
also inside every other person
that you know and love.”
The children were silent and
thought for a few moments
and then one child asked his
grandfather, “PaPa…Which
rattlesnake will win the
fight?”
The old Padra looked down
on the children with a grin
and replied: “The one that
you feed.”
An old Mexican Padra was
teaching his grandchildren
about life.
He said to them, “A battle is
raging inside me…it is a terri-
ble fight between two rattle-
snakes. One snake repre-
sents fear, anger, envy,
sorrow, regret, greed, self-
pity, guilt, and resentment.
The other snake stands for joy,
love, hope, sharing, humility,
kindness, friendship, generos-
ity, truth, compassion and
faith.”
Just some wise wisdom that we should al-
ways continually think about.
Make sure the Real Estate Agency has
your current e-mail address. License re-
newals are sent by e-mail. Failure to re-
ceive the renewal e-mail is not an excuse
for failing to renew a license. Make sure
that your e-mail and mailing addresses are
updated in e-License within 10 calendar
days of any changes. An expired licensee
who continues to work can be fined $100-
$500 for the first 30 day period and $500-
$1000 for subsequent 30 day periods. You
must renew your license by the end of the
month of your birthday every two years.
Ultimately, the responsibility rests with
you to remember to renew your license on
time.
Congratulations to all the Douglas County
Million Dollar Producers and Diamond
Producers. Douglas County is blessed to
have so many awesome and worthy rep-
resentatives for the Million Dollar Club.
Also, thank you Million Dollar committee
members and Patrice Glasscock, 2014
Million Dollar Club President, for your
leadership and volunteer guidance to keep
this membership rocking and rolling
throughout this past year. Your loy-
alty and commitment does not go
unnoticed.
Mark your calendar NOW for
“Realtor Day at the Capital” coming
April 8th. This is a really special
event and a chance to mingle with
hundreds of Realtors from all over
the state. How thrilling it would be
to have a large attendance from
Douglas County. Contact Stephanie
for a ride to Salem.
Two years ago I went for the first
time and what an eventful day it
was. I enjoyed it so much, that I
pledged to myself, that from there on
out I would continue to go. A nice
lunch, chance to tour the capital,
meet, ask questions and chat with
the people in charge of leading our
beautiful state. You can also sit in
on several different sessions and
watch our leaders in action. It is a
full day of great events.
“A reason survey has proven
that women who are overweight
live longer than men who say
something about it.”…author
unknown
Lou Ann Osborn
2015 President
Douglas County Association of
February 2015
A Qualified Personal Residence Trust (QPRT) is an irrevocable trust to which a donor (Grantor) makes
a gift of a personal residence. This gift is usually done for the benefit of the Grantor’s immediate fam-
ily, typically the Grantor’s children. The IRS Treasury Regulations explain that the personal residence
transfer (QPRT) must be the principal residence of the Grantor or “other residence of the Grantor”
which must be used for fourteen (14) days during the calendar year. The Grantor must pay all costs of
maintenance of the property. Under the terms of a QPRT, the property is held for the sole benefit of the
Grantor who will have full use of it during the Grantor’s life. If the Grantor survives the QPRT term,
the remainder interest in the property is held or distributed for the benefit of the trust beneficiaries which
are usually the children.
If a Grantor dies during the QPRT term, the full value of the trust property is included in
Grantor’s taxable estate. If the Grantor survives the QPRT term the Grantor’s taxable estate is substan-
tially reduced. The gift to the QPRT is determined by discounting the fair market value of the trans-
ferred residence by the value of the Grantor’s retained interest in the property. Essentially the longer the
QPRT, the greater the discount and the smaller of the value of the gift. This substantially reduces the
amount of the Grantor’s taxable estate.
As we continue to see client with high value estates exceeding the Oregon Estate Tax ex-
emption of $1,000,000.00, we look for ways to hold the primary residence to avoid inheritance tax and
you should refer your clients to estate planning attorneys to determine whether a QPRT is the correct
method to hold their primary residence.
What is QPRT By Dan McKinney
Doug Johnson/All American Real Estate
Carolyn Chapman/Carolyn B. Chapman Real Estate
Hobi Caron/Century 21 The Neil Company
Jim Coon/G Stiles Realty
Dee Sackett/G Stiles Realty
Emily Volk/Karen Volk Realty
Mike Chartier/Berkshire
Gail Hanks/Berkshire
Angie Martinsen/Berkshire
Tim Snyder/Berkshire
Clay Needham/Re/Max Professional Realty
Patrice Glasscock/All American Real Estate
Lawrence Lane/G Stiles Realty
Joan Smith/G Stiles Realty
Irene Myhre/Myhre Oregon Real Estate
Gordon Hanks/Berkshire
Loyd Hastings/Berkshire
Linda Jones/Berkshire
Melodie Sherwood/Village Realty
HAPPY BIRTHDAY TO YOU!
Affiliates
The Douglas County Association of
REALTORS® THANKS all of our
Affiliates, that join us in support of what we stand for, which is
Home Ownership, Private Property Rights, Free Enterprise,
Community Service and Good Government.
AFFILIATE Contact Phone Email
All State Insurance Rob Zollinger 541-440-3704 [email protected]
All State Insurance Susan Snyder 541-672-4381 [email protected]
American Family Insurance Tim Beaty 541-672-1022 [email protected]
American Home Lending, LLC Sandy Bratton 541-957-7777 [email protected]
American National Insurance Trent Drake 541-464-8224 Trent.drake@american-
national.com
AmericanWest Bank Barbara Johnson 541-677-7815 [email protected]
AmeriTitle Sandi Justis 541-672-6651 [email protected]
Charter Business Vincent Casey 541-315-0431 [email protected]
Coast Range Carpet Cleaning Kerri Jo Edwards 541-672-4520 [email protected]
Cooper's Termite & Pest Control, Inc. Mark Conklin 541-673-0363 [email protected]
DCAR Stephanie Billick 541-672-0563 [email protected]
Douglas County Law Dan G. McKinney 541-673-4451 [email protected]
First American Title Ins. Co. D'Anne Casteel 541-672-5555 [email protected]
Fotan Web & Graphic Design Matthew Danskine 541-677-0555 [email protected]
Futura1031 Inc. Glenda Sibbald 800-627-0332 [email protected]
Gearhart Mortgage Bill & Stephanie Gearhart 541-584-2408 [email protected]
Good News Home Inspection Ed Adkins 541-680-4319 [email protected]
Landmark Home Warranty Shawna Bell 541-410-3170 [email protected]
Marla’s Mini Maids Eric Anderson 541-673-9827 [email protected]
MasterCare Cleaning Company Mark & Jennifer 541-440-1424 [email protected]
Move 2 Oregon Cynthia Rucklos-Spy 541-773-5744 [email protected]
News-Review Shannon Smith 541-957-4234 [email protected]
Northwest Community Credit Union Melody Gale 541-673-4461 [email protected]
Premier Home Loans Curt Sandfort 541-492-1150 [email protected]
Pacific Northwest Hard Surfaces Cindy Sisk Bingham 541-530-8730 [email protected]
RMLS Terri LaMaina 541-673-3571 [email protected]
Service Master Eugene Hicks 541-229-0841 [email protected]
Spectrum Cleaning & Restoration Noah Witt 541-315-5179 [email protected]
The Roseburg Beacon David Jaques
Marilyn Kittelman 541-580-8085
Ticor Title Co. Kay Wissman 541-673-1146 [email protected]
Two Sisters Cleaning Kerry Jo Edwards 541-672-4520 [email protected]
Umpqua Bank David Sprague 541-618-6733 [email protected]
Umpqua Inspections Craig Avery 541-784-5918 [email protected]
US Bank Becky Gerrard 541-673-2833 [email protected]
Wells Fargo Home Mortgage Linda Weldon 541-957-5505 [email protected]
Western Title & Escrow Jennifer McIntosh 541-672-3388 [email protected]
You Don’t Want to Miss This!
John Owen, REALTOR RE/MAX Professional Realty
Looking for Volunteers
Please call Stephanie Billick at 541-672-0563 to volunteer to help with the
Can Food Drive
ASSISTANCE ANIMALS 101
By Jo Becker, Education/Outreach Specialist, Fair Housing Council of Oregon It doesn’t seem to matter how many articles we write, classes we teach, presentations we give, guidebooks we publish, or videos we make and post, no matter where we are or what we’re doing Fair Housing Council staff always get questions about assistance animals. Some inquiries can get complicated but, to be honest, many of them are the same fundamental questions. We offer the following article as both an introduction to those the topic may be new to / refresher for those who are somewhat familiar, as well as a reminder on the differences between the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) per the Dept. of Housing and Urban Development (HUD). A relatively recent document issued by HUD clearly affirms standard fair housing advice on the requirements to accommodate assistance ani-mals in housing under the FHA, which is quite different than ADA requirements. The 2013 HUD memo., in no uncertain terms, lays out the differences and assures readers that changes in the ADA’s definition of “service animals” has absolutely no affect on assistance animals under the FHA. Following are a few excerpts from the memo.; the full document can be viewed at https://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf. (Emphases below have been added)
This notice explains certain obligations of housing providers under the Fair Housing Act (FHAct), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) with respect to animals that provide assistance to individuals with disabilities. The Department of Justice's (DOT) amendments to its regulations' for Titles II and III of the ADA limit the definition of "service ani-mal" under the ADA to include only dogs, and further define "service animal" to exclude emotional support animals. This definition, however, does not limit housing providers' obligations to make reasonable accommodations for assistance animals under the FHAct or Section 504. Persons with disabilities may request a reasonable accommodation for any assistance animal, including an emotional sup-port animal, under both the FHAct and Section 504. An assistance animal is not a pet. It is an animal that works, provides assistance, or performs tasks for the benefit of a per-son with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. Assistance animals perform many disability-related functions, including but not limited to, guiding individuals who are blind or have low vision, alerting individuals who are deaf or hard of hearing to sounds, providing protection or rescue assistance, pulling a wheelchair, fetching items, alerting persons to impending seizures, or providing emotional support to persons with disabilities who have a disability-related need for such support. For purposes of reasonable accommodation requests, neither the FHAct nor Section 504 requires an assistance animal to be individually trained or certified. While dogs are the most common type of assistance animal, other animals can also be assistance animals. Housing providers are to evaluate a request for a reasonable accommodation to possess an assistance animal in a dwelling using the general principles applicable to all reasonable accommodation requests. After receiving such a request, the housing provider must consider the following:
Does the person seeking to use and live with the animal have a disability — i.e., a physical or mental impairment that substan-tially limits one or more major life activities?
Does the person making the request have a disability-related need for an assistance animal? …Where the answers to questions (1) and (2) are "yes," the FHAct and Section 504 require the housing provider to modify or pro-vide an exception to a "no pets" rule or policy to permit a person with a disability to live with and use an assistance animal(s) in all areas of the premises where persons are normally allowed to go, unless doing so would impose an undue financial and administrative burden or would fundamentally alter the nature of the housing provider's services. If the answer… is "no," then the… request may be denied. <Requests> may also be denied if:
the specific assistance animal in question poses a direct threat to the health or safety of others that cannot be reduced or elimi-nated by another reasonable accommodation, or
the specific assistance animal in question would cause substantial physical damage to the property of others that cannot be re-duced or eliminated by another reasonable accommodation.
A determination that an assistance animal poses a direct threat of harm to others or would cause substantial physical dam-age to the property of others must be based on an individualized assessment that relies on objective evidence about the spe-cific animal's actual conduct — not on mere speculation or fear about the types of harm or damage an animal may cause and not on evidence about harm or damage that other animals have caused. Cont. page 7
ASSISTANCE ANIMALS 101
Conditions and restrictions that housing providers apply to pets may not be applied to assistance animals. For example, while housing pro-viders may require applicants or residents to pay a pet deposit, they may not require applicants and residents to pay a deposit for an assistance animal. <In addition,> breed, size, and weight limitations may not be applied to an assistance animal. Housing providers may ask individuals who have disabilities that are not readily apparent or known to the provider <or if the need for the assistance animal is not apparent> to submit reliable documentation of a disability and their disability-related need for an assistance animal. For example, the housing provider may ask persons who are seeking a reasonable accommodation for an assistance animal that provides emotional support to provide documentation from a physician, psychiatrist, social worker, or other mental health professional that the animal provides emotional support that allevi-ates one or more of the identified symptoms or effects of an existing disability. Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support. <NOTE: Case law tells us that such verification does not necessarily need to come from a medical provider. In truth, a family member or the individual him/herself may act as the verifier in some situations, though is not particularly common.>
So, what about the ADA? Do you have obligations under it, as well, as a housing provider? Maybe… Certain entities will be subject to both the service animal requirements of the ADA and the reasonable accommodation provisions of the FHAct and/or Section 504. These entities include, but are not limited to, public housing agencies and some places of public accommodation, such as rental offices, shelters, residential homes, some types of multifamily housing, assisted living facilities, and housing at places of education. Covered entities must ensure compliance with all relevant civil rights laws. The preambles to DOJ's 2010 Title II and Title III ADA regulations state that public entities or public accommodations that operate housing facilities "may not use the ADA definition [of "service animal"] as a justification for reducing their FHAct obligations." <The preamble further indicates that> under the FHAct, "an individual with a disability may have the right to have an animal other than a dog in his or her home if the animal qualifies as a 'reasonable accommodation' that is necessary to afford the individual equal opportunity to use and enjoy a dwelling, assuming that the use of the animal does not pose a direct threat." In addition,… emotional support animals that do not qualify as service animals under the ADA may "nevertheless qualify as permitted reasonable accommodations for persons with disabilities under the FHAct." While the preambles expressly mention only the FHAct, the same analysis applies to Section 504. DOJ's revised ADA regulations define "service animal" narrowly as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The revised regulations specify that "the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition." Thus, trained dogs are the only species of animal that may qualify as service animals under the ADA <not the FHA> (there is a separate provision regarding trained miniature horses), and emotional support animals are expressly precluded from qualifying service animals under the ADA <not the FHA>. The ADA definition of "service animal" applies to state and local government programs, services activities, and facilities and to public accommo-dations, such as leasing offices, social service center establishments, universities, and other places of education. <Under the ADA the> animal may not be denied access to the ADA-covered facility unless:
the animal is out of control and its handler does not take effective action to control it; the animal is not housebroken (i.e., trained so that, absent illness or accident, the animal controls its waste elimination); or the animal poses a direct threat to the health or safety of others that cannot be eliminated or reduced to an acceptable level by a reason-
able modification to other policies, practices and procedures. A determination that a service animal poses a direct threat must be based on an individualized assessment of the specific service animal's actual conduct — not on fears, stereotypes, or generalizations. The service animal must be permitted to accompany the individual with a disability to all areas of the facility where members of the public are normally allowed to go."
<NOTE: In all ways related to disability-related animals, the FHA is more liberal than the ADA. If DOJ stipulates the above items for “service animals” under the ADA, than you can be fairly certain that they are – at a minimum – what would be considered reasonable for assistance animals under the FHA.>
In cases where all three statutes apply…. the housing provider should apply the ADA service animal test first. This is because <under the ADA, not the FHA> the covered entity may ask only whether the animal is a service animal that is required because of a disability, and if so, what work or tasks the animal has been trained to perform. If the animal meets the test for "service animal," the animal must be permitted to accompany the indi-vidual with a disability to all areas of the facility where persons are normally allowed to go, unless <see points (1), (2), and (3) above>. If the animal does not meet the ADA service animal test, then the housing provider must evaluate the request in accordance with the guidance provided in Section I of this notice. <Note that compliance> with the FHAct and Section 504 does not ensure compliance with the ADA. Similarly, compliance with the ADA's regulations does not ensure compliance with the FHAct or Section 504… It is the housing provider's responsibility to know the applica-ble laws and comply with each of them.
For yet more information on this topic including other memos from HUD, previous FHCO articles, sample accommodation / modification forms, and other guid-ance visit:
www.FHCO.org/disability.htm, www.FHCO.org/assistanceanimals.htm, www.FHCO.org/guidebooks.htm, www.FHCO.org/forms.htm.
This article brought to you by the Fair Housing Council; a civil rights organization. All rights reserved © 2015. Write [email protected] to reprint articles or in-quire about ongoing content for your own publication. To learn more… Learn more about fair housing and / or sign up for our free, periodic newsletter at www.FHCO.org. Qs about this article? ‘Interested in articles for your company or trade association? Contact Jo Becker at [email protected] or 800/424-3247 Ext. 150 Want to schedule an in-office fair housing training program or speaker for corporate or association functions? Visit www.FHCO.org/pdfs/classlist.pdf
Thomas Gulan, REALTOR RE/MAX Professional Realty
Stefanie Bernier, REALTOR RE/MAX Professional Realty
Spotlight…
Please Welcome
Thomas Shook, REALTOR Trueblood Real Estate
Sandee Ethington, REALTOR Village Realty
Roy Patt, REALTOR North County Realty
UUUPCOMINGPCOMINGPCOMING EEEDUCATIONDUCATIONDUCATION
2015 Gretchen Aitken
Patti Archambault
JT Berk
Carol Block
Jodi Brecht
Sherri Brown
Jan Calkins
Lisa Carter
Ollie Cerbone- President
Jerry Chartier
Mike Chartier
Kathy Collins
Louise Connolly
Jim Coon
Patty Cooper- Vice President
Merlynn M Cruz
Bertha Egbert
Frank Elst
Carolyn Ferch
Diana Fletcher
Kathy Flowers
Kelly Forney
Ryan Fox
Walt Gayner
Teresa Gideon
Mary Gilbert
Tom Gillespie
Veronica Gillespie
Patrice Glasscock
Joanne Graham
Rick Graham
Tracy Grubbs
Joe Hajos
Gorden Hanks
Marv Hash
Victoria Hawks- Treasurer
Roger Helliwell
Beverly Heyer
Janet Hilton
Tamara Hoff
Ben Horlings
John Hughes
Neil Hummel
Linda Jacobson
David Jaques
Kelley Jarvis
Bonnie Jenkins
Gregory Johnson
Janet Johnston
Archie Jones
Marilyn Kittelman
Jennifer Kramer
L Peter Krieg
Denny Kruse
Marilyn LaBarre
Todd Lindbloom
Cindy Mahaffy
Brenda Major
Jody Major
Judy Markovich
Joe Martin
Linda Martin
Angie Martinsen
Nataly Mattox
Diane McKillop
Dave Meador
Jeanne Meador
Kathleen Mechem
Tammy Morin
Irene Myhre
Lou Ann Osborn
Diana Osgood
Rick Richtik
Christina Ronk
Brad Schaffer
Troy Schuyler
Joan Smith
Melva Smith
Tim Smith
Debra Smits- Secretary
Roger Snyder
Wayne Spicer
Alice Stanfill
Dianne Stevens
Janet Stringfellow
Linda Swift
Ben Tatone
Jody Tatone
R Todd Theiss
Carol Thompson
Linda Tipton
Mark Townsend
Dawn Trapalis
Velda Traylor
Emily Volk
Karen Volk
Bernis Wagner
Jonna Wagner
Laurie Walker
Carol Williams
Diana Woodward
Deborah Young
Judi Young-Johnson
Vince Lytsell
Muriel Madden
= Diamond level
38 diamond level members
67 M$C members
CongratulationsCongratulationsCongratulations
2015 Education Schedule
APPRAISERS Contact Phone Fax or Email
Applegate Appraisal Service Todd M. Wilson 580-0978 [email protected]
Dozhier Appraisal Service Kathryn Dozhier 672-6658 672-6659
Appraisal Source Brett Findlay 459-6222 459-8222
Lisa Anne Real Estate Appraisal Lisa Fotopoulos 957-8900 677-8815
Lonnie R. Ferber R. E. Appraisals Lonnie Ferber 673-7446 673-8711
R.L. Card Real Estate Appraisal Ron Card 673-7241 673-1540
Wentz & Co. Real Estate Appraisal Glenn Wentz 672-2790 440-1436
Appraisal Specialists Janel Phillips 430-7805 863-7649
Douglas County Land Department Tony Page 440-4368 440-6021
Linda Weldon MACP 6246-011
Home Mortgage
Consultant
Office :541-643-8228
Fax: 1-877-403-2497
Mobile: 541-643-8228
1701 NW Garden Valley Blvd.
Roseburg, OR 97471
AFFILITATE CORNER
Welcome these NEW AFFILIATES!!
Upcoming Events
February March April Feb. 27 @ 8:30am Exchange Club Mtg.
Feb. 26th Webinar: Wells & Septic Addendum—
DCAR 10-12pm
Feb. 18th Ed Class: RMLS Rules & Etiquette 12:30
3/4/2015 Lending & Luncheon 9am-11
Umpqua Bank at DCAR/RMLS
3/7 Can Food Drive 10-4pm
Fred Meyer & Sherms
3/30 Webinar—RESPA and TILA get
hitched.
3510 NE Edenbower Blvd.
Roseburg, OR 97471
541-672-0563 ph
541-957-0280 fax
www.douglascountyrealtors.com
Committee Chairs Political Affairs…………………………Linda Swift Education/Program……………………Tina Ronk Public Relations……………………..…Kerry Jo Edwards RPAC…………………………………..…Diana Woodward OAR/NAR……………………………...…LouAnn Osborn …………………………………………….Rich Raynor Membership…………………………….Rich Raynor …………………………………………….Kerry Jo Edwards RMLS Advisory…………………………Mark & Janet Hilton Affiliates…………………………………Jennifer McIntosh Professional Standards…….…………Stephanie Billick
2015 Board of Directors
President ………………………LouAnn Osborn President-Elect………………..Rich Raynor Vice President…………………Kerry Jo Edwards Secretary……………………….Deb Young Treasurer…………………….…Teresa Gideon Past President…………………Neil Hummel Local Directors..………………Paul Haddock ……………………………………Carol Block State Director……………...…..LouAnn Osborn Alternate Director..……………Rich Raynor
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CALLS FOR ACTION!
4/9 Webinar - Updates for Selling Oregon
HUD Homes 9:00-10:30am 4/15 ED Class: Land Use & Development
Urge the Senate Extend Mortgage Debt Forgiveness Tax Relief* *House passed retroactive extension by a vote of 378 yes to 46 no on
December 3rd, 2014.
Previous CFAs
CALL FOR ACTION: Urge Congress to Extend
TRIA - Terrorism Risk Insurance Act of 2002
Call for Action: Urge Passage of the Homeowner Flood Insurance
Affordability Act
Call For Action: Flood Insurance Issues Could Sink Your Sales
About Calls for Action
When Congress is considering legislation that affects the real estate indus-
try, NAR calls on its members to act. Simply by contacting your Member
of Congress through an e-mail or a phone call, you can ensure that your
business remains strong. NAR members join together and speak with one
loud, powerful voice.
http://www.realtoractioncenter.com/realtor-party/act/calls-for-action.html