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[IowaAPA] Conversion of Apartments to Cooperatives

R

r_rich_r

Guest
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?
 
J

Jeff D Benson

Guest
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?
 
A

a hauer

Guest
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?
 
M

Michelle Spohnheimer

Guest
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!
 
R

r_rich_r

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

http://www.iowacourts.gov/court_of_appeals/Recent_Opinions/20091230/9-938.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!
>
 
P

ppoorman@aol.com

Guest
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?
 
E

Erik Lundy

Guest
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?
 
E

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?
>
 
G

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
 
R

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
 

jswanek

Cyburbian
Messages
134
Points
6
.

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.

.
 
P

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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