help please! I got a 62,000$ FINE to pay to city of Coral Springs

25 Replies

 have got this affidavit of non compliance (see photo attached)

my local friend (I live in Israel) who is also my property manger - went to the city to handle it and came back very confused.

do you know what to do?? can you please refer me to a local expert? I need to clean this table ASAP

What is he confused about?  He isn't maintaining your property, got warned tondo something about it, ignored it, and this is what happens.

Medium pineywoodsDavid DuCille, Pineywoods Realty | [email protected] | 813 812‑4712 | http://www.daveducille.com | FL Agent # sl3293872

@David DuCille

thank you so much for the quick reply! I truly appreciate it as I am stressing now how to solve it.

do you happen to know what should I do In order to take care of this matter while trying to minimize damages?

thanks again

You can personally try to contact code enforcement and plead your case that your crooked property manager screwed you and that you are going to get compliant.  Realistically, you need to get it compliant ASAP.  Most municipalities are forgiving when you a buy a property and inherit these issues provided you take care of them quickly but you already own this property, they may not be forgiving

Medium pineywoodsDavid DuCille, Pineywoods Realty | [email protected] | 813 812‑4712 | http://www.daveducille.com | FL Agent # sl3293872

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google street view only has pics from 2011.  looks like a multifamily property. Coral Springs is Boca area correct?  Bougie snobbie places like that probably have a LOT of rules about exteriors which is what all of your violations are related to.  I mean, they cited you for "roof discoloration" which sounds a bit crazy but if the tile roofs have pollen and junk all over them they may want you to have it cleaned.  This sounds a bit much but like I said, if this is a high end area it's totally possible!  More importantly though is the fact that even if they are being crazy, somebody who got these notices ignored them for MONTHS.

Medium pineywoodsDavid DuCille, Pineywoods Realty | [email protected] | 813 812‑4712 | http://www.daveducille.com | FL Agent # sl3293872

https://www.coralsprings.org/government/other-departments-and-services/code-compliance/code-compliance-process

Medium pineywoodsDavid DuCille, Pineywoods Realty | inf[email protected] | 813 812‑4712 | http://www.daveducille.com | FL Agent # sl3293872

As said, when buying a property with code violations the cities will greatly reduce the fines if you are cooperative. When it’s yours....not do much. Just do you know, Coral Springs is one of the less forgiving cities. Definitely call them, be cooperative, tell them you knew nothing of it, see if they will help. I couldn’t blow it up enough to read it, but this has been going on a long time to get to $62k.
Did the violations occur After you bought it?

He is not your friend or he is just incompetent. I would hop on the next plane to Florida, fire him, and hire a reputable property management company to manage your property. I would also seek legal counsel in the same area where your property is to find out how you can minimize your fines. The fine is huge and it would be worth it to pay a lawyer to guide you.

@David DuCille I can not express in words how much you just helped me. thank you!

@Wayne Brooks thank you, you always try to help!

to make a long story short, i have purchased the property in 2016 WITH the violations. seller himself has not said a thing (neither real estate agents both sides, title ....) about the violations.

I have recently became familiar with those violations, and as of today it should be in COMPLAINT

thank you for your advice, I am now 10X more ready towards this.  I will send photos soon.

again - your insights means the world to me at this point, as your local knowledge is unbelievable...

Glad to be of help.  If it's not at the lien stage than title may not pick it up.  A good realtor should be searching public records like I did and help you out but a lot of this you can do as well thanks to the internet. Tonight is a holiday but I will review all the details of our Florida real estate contracts as I know there is a section that discusses cooperation from seller with closing out of permits, liens, etc

Medium pineywoodsDavid DuCille, Pineywoods Realty | [email protected] | 813 812‑4712 | http://www.daveducille.com | FL Agent # sl3293872

A good title search, not the kind you get from a REO title co., should Definitely have done a “city lien search” which would be a specific inquiry to the city/county Specifically for unrecorded issues like this.

Check your closing statement for this.
Check your title policy under the B section of Exceptions

Also as above, approach the city pleading ignorance, be cooperative.

@Lior Reich   The fine is increases $800 a day.  That means you need to a property manager on this immediately.  How long have you owned the property?  This was not the first notice to be sent out.  They held a hearing in July 2017 to certify the lien.  That was about the forth step in the process.

Your seller should have signed an Owners Affidavit at closing certifying no knowledge of any violations or of anything that could potentially become a lien. If that statement under oath was not accurate, you may have a claim. (Note however that the notice you posted concerns violations observed in March 2017.)

Medium mte logoTom Gimer, Masters Title & Escrow | [email protected] | (240) 630‑3700 | http://masterstitle.com

@Wayne Brooks Is it a standard practice of a title company to perform a search with the city or municipality? Is it a separate request and additional fee to for this unrecorded lien/violation search? 

Yes, it is an extra fee, $125 or so that would show up in your closing cost statement. It is typically done.

@Lior Reich , This is not at all uncommon.  A colleague of mine did nothing but negotiate these liens full time for a large bank from 2010 - 2014.   Sounds like your property is on the tail end of that storm.  But the reality is that many properties got slapped by liens like that because the municipality could do nothing else.  

Sure, everyone's right and you should have known and negotiated this before purchasing it but you didn't - water under the bridge.  And my understanding from your post is that your friend inherited it as well and didn't cause it so don't take him off your Birthday guest list yet.

And don't fly back yet.  There's nothing you can do here except tick off counter staff.  Find a large reputable property management firm and get  a recommendation for a real estate attorney specializing in foreclosure and litigation.  They will negotiate that down and may even get it waived.   Spend your air fare on them instead. 

Medium ergDave Foster, Exchange Resource Group | [email protected] | 850.889.1031 | http://www.erg1031.com

When looking at purchase and sale agreements words MATTER.

It could say sellers actual knowledge, written knowledge, verbal knowledge, current actual knowledge. All of these things can make a difference what the seller is disclosing and what they are warranting or saying they knew about.

I agree that flying there is not going to make you immediately an expert on the subject especially the cost from so far away with hotel room and board,flight cost, meals,etc.

Spend that money on the attorney who specializes in litigation. The good ones will generally tell you the cheapest and most cost efficient way to handle it with the best results to handle it in the shortest amount of time possible. The local attorney might also have connections with the city and they know by you using that person things will be handled appropriately versus ( joe blow ) who is flying in the dark and has no clue what is going on or how to fix it.

Good luck. No legal advice given.

Medium allworldrealtyJoel Owens, All World Realty | [email protected] | 678‑779‑2798 | http://www.AWcommercial.com | Podcast Guest on Show #47

Was this an REO purchase? If so, and you used their title co, forget everything I said about the title search.....they didn’t do it and it is excluded in the B section exceptions.

Jumpin Jimminies 
It does happen.
1.) It has been mentioned on here and Members were kind enough to give you a contact for Code Enforcement.
I would be on the phone, pleading my case with the next breath. They have a great deal of latitude on what they insist you pay, and what you actually work out in payment.
Providing, that they are not a corrupt department, and most are Not (Some are quite political, with very "Selective Enforcement") Code officers and department would appreciate have a Foreign Landlord, who is in contact, works towards substantial compliance, and who they know they can trust to resolve an issue.
That usually takes time and money.
You need to explain , to them, that you "had a Terrible Property Manager, and have since changed and expect it Not to occur again."
-Florida Requires Property Management Companies to be licensed by the State?? WV does, and It has been several years since, we worked in that area ( Melbourne and Boca, Del Ray) Pretty sure, a License is required. 
We still have an Old Fla License.
2.) Hire a Professional Company! We have to carry a Full-coverage Indemnity Bond and Insurance here in WV. Companies generally do... If not avoid them. We charge a % or Rent collected on many of our contracts...In the end It would cost you less and you would have been covered if not.
3.) Good Luck! It looks like you are going to have to Pay... You might try the : "Not very Good  on English" Pleading, doubtful, they will care very much. It is a "second language" in that area as it is.

Thank you for posting.. I am going to show this to some of my clients...Make them grateful to have us!

Medium dbuildwallpaperRJ Bohigian, D-Build Real Estate Procurement | [email protected] | 3042504447 | VA Contractor # GC10229, WV Contractor # A605711

Originally posted by @Dave Foster :

@Lior Reich , This is not at all uncommon.  A colleague of mine did nothing but negotiate these liens full time for a large bank from 2010 - 2014.   Sounds like your property is on the tail end of that storm.  But the reality is that many properties got slapped by liens like that because the municipality could do nothing else.  

Sure, everyone's right and you should have known and negotiated this before purchasing it but you didn't - water under the bridge.  And my understanding from your post is that your friend inherited it as well and didn't cause it so don't take him off your Birthday guest list yet.

And don't fly back yet.  There's nothing you can do here except tick off counter staff.  Find a large reputable property management firm and get  a recommendation for a real estate attorney specializing in foreclosure and litigation.  They will negotiate that down and may even get it waived.   Spend your air fare on them instead. 

 nope friend is definately off the list.  says he bought the property in 2016.  The hearing occured in may of 2017, this letter is dated june of 2017.  What in the hell was the friend doing during this time period?  my perusing of the municipal codes looks like you needed to pressure wash a tile roof and paint the exteriors as the main things.  Then maybe there were some problems with dumpster or trash pickup?  everything listed is all very simple easy to correct stuff.  

Medium pineywoodsDavid DuCille, Pineywoods Realty | [email protected] | 813 812‑4712 | http://www.daveducille.com | FL Agent # sl3293872