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Thread: [IowaAPA] Conversion of Apartments to Cooperatives

  1. #1
    r_rich_r
    Guest

    [IowaAPA] Conversion of Apartments to Cooperatives

    I recently heard of a conversion of an apartment complex to a cooperative. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.

    Does anyone have specific instances where this has been done?

    Have any jurisdictions done anything to make this a less attractive option?

  2. #2
    Jeff D Benson
    Guest

    Re: [IowaAPA] Conversion of Apartments to Cooperatives

    In Ames, over the past month well over $10 million worth of multi-family
    housing has been changed to cooperatives. I don't know much about the
    property tax law, but I believe that cooperative conversion presents fewer
    building code challenges than condominium conversion.

    THANKS!

    Jeff

    Jeffrey D. Benson, AICP, ASLA
    Planner, Department of Planning and Housing
    City of Ames, Iowa

    515 Clark
    P.O. Box 811
    Ames, IA 50010

    Ph: 515-239-5269
    Fax: 515-239-5404

    e-mail: jbenson (AT) city (DOT) ames.ia.us

    Caring People ~ Quality Programs ~ Exceptional Service





    "r_rich_r" <rrussell (AT) cityofdubuque (DOT) org>
    Sent by: IowaAPA (AT) yahoogroups (DOT) com
    01/19/2010 08:39 AM
    Please respond to
    IowaAPA (AT) yahoogroups (DOT) com


    To
    IowaAPA (AT) yahoogroups (DOT) com
    cc

    Subject
    [IowaAPA] Conversion of Apartments to Cooperatives







    I recently heard of a conversion of an apartment complex to a cooperative.
    I suspect this was done to get the property classified as residential
    instead of commercial for property tax purposes.

    Does anyone have specific instances where this has been done?

    Have any jurisdictions done anything to make this a less attractive
    option?

  3. #3
    a hauer
    Guest

    Re: [IowaAPA] Conversion of Apartments to Cooperatives

    It's being done for property tax purposes (now will be assessed as residential at 50+% less than the commercial rate); it's very hard to come up with a local response given the legal decision that led to this interpretation of the tax code.
     
    Andrea HAuer

    --- On Tue, 1/19/10, Jeff D Benson <jbenson (AT) city (DOT) ames.ia.us> wrote:


    From: Jeff D Benson <jbenson (AT) city (DOT) ames.ia.us>
    Subject: Re: [IowaAPA] Conversion of Apartments to Cooperatives
    To: IowaAPA (AT) yahoogroups (DOT) com
    Date: Tuesday, January 19, 2010, 8:49 AM


     




    In Ames, over the past month well over $10 million worth of multi-family housing has been changed to cooperatives.  I don't know much about the property tax law, but I believe that cooperative conversion presents fewer building code challenges than condominium conversion.

    THANKS!

    Jeff

    Jeffrey D. Benson, AICP, ASLA
    Planner, Department of Planning and Housing
    City of Ames, Iowa

    515 Clark
    P.O. Box 811
    Ames, IA  50010

    Ph:  515-239-5269
    Fax: 515-239-5404

    e-mail: jbenson (AT) city (DOT) ames.ia.us

    Caring People ~ Quality Programs ~ Exceptional Service








    "r_rich_r" <rrussell@cityofdubu que.org>
    Sent by: IowaAPA@yahoogroups .com
    01/19/2010 08:39 AM




    Please respond to
    IowaAPA@yahoogroups .com






    To
    IowaAPA@yahoogroups .com


    cc



    Subject
    [IowaAPA] Conversion of Apartments to Cooperatives









     
    I recently heard of a conversion of an apartment complex to a cooperative. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.

    Does anyone have specific instances where this has been done?

    Have any jurisdictions done anything to make this a less attractive option?

  4. #4
    Michelle Spohnheimer
    Guest

    RE: [IowaAPA] Conversion of Apartments to Cooperatives

    In Marshalltown we have had the same thing occurring. We have also seen about $10 mill in value over the past three years. It is absolutely for tax benefit and they do not have to meet the same criteria as a condominium so it is a lot easier to convert. I had heard that Jasper County was fighting this and it may be already in the court system (I am not positive on that)..



    Michelle Spohnheimer
    Housing & Community Development Director
    City of Marshalltown
    24 N. Center Street
    Marshalltown, IA 50158
    Ph. 641-754-5756
    Fax. 641-754-5742
    mspohnheimer (AT) ci (DOT) marshalltown.ia.us


    From: IowaAPA (AT) yahoogroups (DOT) com [mailto:IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of r_rich_r
    Sent: Tuesday, January 19, 2010 8:38 AM
    To: 'IowaAPA (AT) yahoogroups (DOT) com'
    Subject: [IowaAPA] Conversion of Apartments to Cooperatives



    I recently heard of a conversion of an apartment complex to a cooperative. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.

    Does anyone have specific instances where this has been done?

    Have any jurisdictions done anything to make this a less attractive option?





    !DSPAM:4b55c41b165851322917254!

  5. #5
    r_rich_r
    Guest

    [IowaAPA] Conversion of Apartments to Cooperatives--Jasper County Case

    http://www.iowacourts.gov/court_of_a...1230/9-938.pdf

    --- In IowaAPA (AT) yahoogroups (DOT) com, Michelle Spohnheimer <mspohnheimer@...> wrote:
    >
    > In Marshalltown we have had the same thing occurring. We have also seen about $10 mill in value over the past three years. It is absolutely for tax benefit and they do not have to meet the same criteria as a condominium so it is a lot easier to convert. I had heard that Jasper County was fighting this and it may be already in the court system (I am not positive on that).
    >
    >
    >
    > Michelle Spohnheimer
    > Housing & Community Development Director
    > City of Marshalltown
    > 24 N. Center Street
    > Marshalltown, IA 50158
    > Ph. 641-754-5756
    > Fax. 641-754-5742
    > mspohnheimer@...
    >
    >
    > From: IowaAPA (AT) yahoogroups (DOT) com [mailto:IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of r_rich_r
    > Sent: Tuesday, January 19, 2010 8:38 AM
    > To: 'IowaAPA (AT) yahoogroups (DOT) com'
    > Subject: [IowaAPA] Conversion of Apartments to Cooperatives
    >
    >
    >
    > I recently heard of a conversion of an apartment complex to a cooperative. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.
    >
    > Does anyone have specific instances where this has been done?
    >
    > Have any jurisdictions done anything to make this a less attractive option?
    >
    >
    >
    >
    >
    > !DSPAM:4b55c41b165851322917254!
    >

  6. #6
    ppoorman@aol.com
    Guest

    Re: [IowaAPA] Conversion of Apartments to Cooperatives

    Andrea's right about Des Moines, we have been concerned about this for a number of years as it causes a loss of property tax revenues in the conversion from commerical taxes to residential taxes. In fact, I believe county assessors have approached the legislature about this conversion/tax problem and tried to get changes. So far nothing has been changed.

    Lots of buildings in Des Moines have been converted, but all conversions must be approved by the building department and meet the current building code of the jurisdiction.






    -----Original Message-----
    From: r_rich_r <rrussell (AT) cityofdubuque (DOT) org>
    To: IowaAPA (AT) yahoogroups (DOT) com
    Sent: Tue, Jan 19, 2010 8:38 am
    Subject: [IowaAPA] Conversion of Apartments to Cooperatives




    I recently heard of a conversion of an apartment complex to a cooperative. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.

    Does anyone have specific instances where this has been done?

    Have any jurisdictions done anything to make this a less attractive option?

  7. #7
    Erik Lundy
    Guest

    RE: [IowaAPA] Conversion of Apartments to Cooperatives

    While it is not documented, some observation from staff here in Des Moines is that the property maintenance suffers over time. They are treated similar to condominiums and are considered owner occupied which are exempt from rental code inspection.



    To: IowaAPA (AT) yahoogroups (DOT) com
    From: ppoorman (AT) aol (DOT) com
    Date: Tue, 19 Jan 2010 11:01:35 -0500
    Subject: Re: [IowaAPA] Conversion of Apartments to Cooperatives






    Andrea's right about Des Moines, we have been concerned about this for a number of years as it causes a loss of property tax revenues in the conversion from commerical taxes to residential taxes. In fact, I believe county assessors have approached the legislature about this conversion/tax problem and tried to get changes. So far nothing has been changed.

    Lots of buildings in Des Moines have been converted, but all conversions must be approved by the building department and meet the current building code of the jurisdiction.





    -----Original Message-----
    From: r_rich_r <rrussell (AT) cityofdubuque (DOT) org>
    To: IowaAPA (AT) yahoogroups (DOT) com
    Sent: Tue, Jan 19, 2010 8:38 am
    Subject: [IowaAPA] Conversion of Apartments to Cooperatives






    I recently heard of a conversion of an apartment complex to a cooperative. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.

    Does anyone have specific instances where this has been done?

    Have any jurisdictions done anything to make this a less attractive option?

  8. #8
    Erik Lundy
    Guest

    RE: [IowaAPA] Re: Conversion of Apartments to Cooperatives

    The conversion has to meet code in Des Moines, but nothing thereafter unless doing work requiring building permits.



    To: IowaAPA (AT) yahoogroups (DOT) com
    From: rrussell (AT) cityofdubuque (DOT) org
    Date: Tue, 19 Jan 2010 16:13:09 +0000
    Subject: [IowaAPA] Re: Conversion of Apartments to Cooperatives





    Dubuque currently has a local code that requires compliance with current building codes for conversion to condominiums based on State Code 499B.20.

    --- In IowaAPA (AT) yahoogroups (DOT) com, ppoorman@... wrote:
    >
    >
    > Andrea's right about Des Moines, we have been concerned about this for a number of years as it causes a loss of property tax revenues in the conversion from commerical taxes to residential taxes. In fact, I believe county assessors have approached the legislature about this conversion/tax problem and tried to get changes. So far nothing has been changed.
    >
    > Lots of buildings in Des Moines have been converted, but all conversions must be approved by the building department and meet the current building code of the jurisdiction.
    >
    >
    >
    >
    >
    >
    > -----Original Message-----
    > From: r_rich_r <rrussell@...>
    > To: IowaAPA (AT) yahoogroups (DOT) com
    > Sent: Tue, Jan 19, 2010 8:38 am
    > Subject: [IowaAPA] Conversion of Apartments to Cooperatives
    >
    >
    >
    >
    > I recently heard of a conversion of an apartment complex to a cooperative.. I suspect this was done to get the property classified as residential instead of commercial for property tax purposes.
    >
    > Does anyone have specific instances where this has been done?
    >
    > Have any jurisdictions done anything to make this a less attractive option?
    >

  9. #9
    George Wesselhoft
    Guest

    [IowaAPA] Solar Energy Systems Ordinances?

    Has anyone recently updated their zoning ordinance for solar energy systems?
    The City of Ames is the only one that I am aware of in Iowa unless there are
    others that have recently done amendments?



    George Wesselhoft, AICP, LEED GA

    Planning and Zoning Director

    City of Pella

    100 Truman Road

    Pella, Iowa 50219

    (641) 628-1601

    <mailto:gwesselhoft (AT) cityofpella (DOT) com> gwesselhoft (AT) cityofpella (DOT) com

  10. #10
    Rich Russell
    Guest

    Re: [IowaAPA] Solar Energy Systems Ordinances?

    George: Dubuque adopted a Unified Development Code (UDC). Solar collectors are considered permitted accessory uses.

    Contact Guy if you want further info. Rich

    Rich Russell, AICP
    Building Services Manager
    City of Dubuque
    50 West 13th Street
    Dubuque, IA 52002-2686
    Phone: 563 589-4152
    Fax: 563 690-6687
    Cell: 563 599-1576
    E-Mail: rrussell (AT) cityofdubuque (DOT) org
    Website: http://www.cityofdubuque.org/buildingservices


    >>> "George Wesselhoft" <gwesselhoft (AT) cityofpella (DOT) com> 09/27/2010 10:33 AM >>>


    Has anyone recently updated their zoning ordinance for solar energy systems? The City of Ames is the only one that I am aware of in Iowa unless there are others that have recently done amendments?

    George Wesselhoft, AICP, LEED GA
    Planning and Zoning Director
    City of Pella
    100 Truman Road
    Pella, Iowa 50219
    (641) 628-1601
    gwesselhoft (AT) cityofpella (DOT) com

  11. #11
    Cyburbian jswanek's avatar
    Registered
    Dec 2009
    Location
    County of Orange
    Posts
    134
    .

    In Iowa you may not worry about people flipping properties and raising area prices several times the overall inflation rate, but coops. are far less likely to be "flipped" for no reason, because the number of lenders interested is far smaller than for fee title estates.

    .

  12. #12
    Paul Dekker
    Guest

    RE: [IowaAPA] Solar Energy Systems Ordinances?

    Not recently, but still have some provisions in commercial districts I
    developed to protect solar access from WAY back when there was an
    "energy crisis" in the 1980's, and passive solar was somewhat of a
    "thing".



    Protection doesn't guarantee access proactively for "someday", and
    applies to only structures, not vegetation. Protects residential from
    adjoining commercial, and actual-installed, post-installation solar
    design on commercial buildings.



    And not for entire property, basically for structure-mounted with the
    minimum setback allowed to be shadowed. Uses a plane at the winter
    solar angle (14 degrees) applied at a horizontal plane located 18 feet
    above the average elevation of the rear lot line, structure can't
    protrude above that 14-degree plane. Therefore, the regulation serves
    as an additional limitation on maximum height of commercial
    structures-the usual one or 2-story commercial building isn't likely to
    be an issue, but taller can be a problem especially in ordinances that
    allow additional height above the district maximum with additional
    setback.



    At the time I decided not to adopt anything of the sort for residential
    districts, under the expectation that single-family residences all tend
    to be more or less the same height within a given neighborhood, based
    upon whatever the "style" was at the time of development. So, most
    neighborhood homes will have roof access, if solar is a reasonable
    expectation. There's more variability in solar access within a
    residential neighborhood from slope and especially orientation, than in
    structure height, since existing neighborhoods haven't been designed for
    solar.



    Design with Climate is a good resource if it's still in print,
    copyrighted back in 1963 so it's not going to have the latest on
    photovoltaic or wind power, but I don't think the laws of physics have
    changed much....



    Paul Dekker



    Director of Community Development

    3600 86th Street

    City of Urbandale, IA 50322-4057



    515-331-6721

    515-278-3927 (Fax)

    PDekker (AT) Urbandale (DOT) org

    http://www.urbandale.org/



    ________________________________

    From: IowaAPA (AT) yahoogroups (DOT) com [mailto:IowaAPA (AT) yahoogroups (DOT) com] On Behalf
    Of George Wesselhoft
    Sent: Monday, September 27, 2010 10:34 AM
    To: IowaAPA (AT) yahoogroups (DOT) com
    Subject: [IowaAPA] Solar Energy Systems Ordinances?





    Has anyone recently updated their zoning ordinance for solar energy
    systems? The City of Ames is the only one that I am aware of in Iowa
    unless there are others that have recently done amendments?



    George Wesselhoft, AICP, LEED GA

    Planning and Zoning Director

    City of Pella

    100 Truman Road

    Pella, Iowa 50219

    (641) 628-1601

    gwesselhoft (AT) cityofpella (DOT) com

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