One Man's Journey into Restoration

[fieldafm]

I would certainly counsel my clients about the pros and  cons of purchasing in an historic district.  Unfortunately, most real estate transactions today are never reviewed by an attorney, and many title companies do little if anything to explain the various exceptions and encumbrances affecting property.

... Is exactly right.  Many realtors gloss over or avoid the topic alltogether. 

Buyer beware.  That's why we have real estate attorneys.

Sentiments like this... 'well, I did what I was supposed to do, so if the borrower didnt know to go above and beyond what real estate professionals are telling them to do, oh well' is what Im referring to.

First time homeowners and even MOST experienced buyers don't know a hill of beans about the process.  They rely on what their realtor tells them.

Being a professional is more about collecting a check.  Its also about making sure your client is properly educated and comfortable with the transaction they are making with you.  Most 'professionals' do the bare minimum as required by law in the form of disclosures that most clients dont even read anyway... but to me, thats not the way to do business.

In my experience, clients don't know the value of the extra cost associated with having a real estate attorney present in the transaction b/c their not properly educated on what a r/e attorney actually brings to the table.  All they know is its going to cost them x amount of dollars more, but think the realtor is giving them all the advice they need so its just an extra cost that isn't worth it.

[urbanlibertarian]

I agree, fieldafm.  My point is if you don't hire a real estate attorney to represent your interests in the deal you will be the only one involved who is only looking out for you and who doesn't have some conflicting interest.

FYI, I am not an attorney.  I wish they were much less necessary than they are.

[movedsouth]

I have met Ray, and agree that he is doing amazing work and hope he will succeed. While I do agree with the comments that you should not trust a real estate agent and do your own research, I don't think this is the problem in this case. As far as I know, Ray was aware that his house was located and a historic district, and that he had to file for certain permits. The problem was that there was nobody to help him. SPAR always advertises that they do provide this service and in the past they have done so. But in this case, he wasn't exactly looking for SPAR for help after the welcome he got from Louise. In particular in a complicated case like his, I would have hoped that the city assists the home owner to some extend and tells him what to do, instead of just waiting for him to slip up and make mistakes.

[iloveionia]

Proactive rather than reactive is a good policy.

[CS Foltz]

Proactive rather than reactive is a good policy.

You Springfielders need to get that booklet you were talking about into high gear.............SPAR Council is waste of oxygen,Gaffney is useless, but the neighborhood is allready banding together........just one more step kids!

[Springfield Girl]

At the risk of getting bashed, the historic staff usually gives you more help than you want. My eyes have glazed over when we are at hearings listening to the same case 4 mos. in a row. The SPAR bashing is a little old also, as people always give RAP kudos for demanding correct restorations but then expects SPAR to fall down and help people do whatever they want. The Historic staff is very clear when they put stipulations in COAs. The window stipulations are always the same-windows must match the original style when it is known, must be the same size, must recess into the opening, instead of fitting flush like it's more contemporary counterparts and must have exterior muntins. The problem is homeowners getting COAs thinking that will put them in compliance but then not following the stipulations in the COAs. I was in that house before it sold and it was beautiful. The original trim, windows, doors and fireplaces were all intact and in good shape. I remember this case, it was not heard by the commission but approved administratively. I was very sad because the original doors with beveled glass (one on 7th , one on Blvd.) stayed intact for 100 years, even when it was empty for well over a year recently. After it was purchased both doors had their lock sets cut out rendering them useless in the owners eyes and he wanted to replace them with new. He said they were cut by a thief. I don't know the facts but I always thought it strange that a thief would cut out two lock sets fronting major streets when they could just have easily broken a window or door on the back side. the original windows on the 7th street side were replaced with new smaller ones instead of being repaired also. I think it's great that people are helping the owner but that help should be focused on getting him into compliance not asking people in planning to bend the rules. Continually begging for forgiveness instead of asking permission just weakens the districts. Think about how hard people are fighting to stop the demos in defense of the district, enforcing correct restoration is no different.

[ChriswUfGator]

At the risk of getting bashed, the historic staff usually gives you more help than you want. My eyes have glazed over when we are at hearings listening to the same case 4 mos. in a row. The SPAR bashing is a little old also, as people always give RAP kudos for demanding correct restorations but then expects SPAR to fall down and help people do whatever they want. The Historic staff is very clear when they put stipulations in COAs. The window stipulations are always the same-windows must match the original style when it is known, must be the same size, must recess into the opening, instead of fitting flush like it's more contemporary counterparts and must have exterior muntins. The problem is homeowners getting COAs thinking that will put them in compliance but then not following the stipulations in the COAs. I was in that house before it sold and it was beautiful. The original trim, windows, doors and fireplaces were all intact and in good shape. I remember this case, it was not heard by the commission but approved administratively. I was very sad because the original doors with beveled glass (one on 7th , one on Blvd.) stayed intact for 100 years, even when it was empty for well over a year recently. After it was purchased both doors had their lock sets cut out rendering them useless in the owners eyes and he wanted to replace them with new. He said they were cut by a thief. I don't know the facts but I always thought it strange that a thief would cut out two lock sets fronting major streets when they could just have easily broken a window or door on the back side. the original windows on the 7th street side were replaced with new smaller ones instead of being repaired also. I think it's great that people are helping the owner but that help should be focused on getting him into compliance not asking people in planning to bend the rules. Continually begging for forgiveness instead of asking permission just weakens the districts. Think about how hard people are fighting to stop the demos in defense of the district, enforcing correct restoration is no different.

Hinder not help, typical SPAR attitude...

What are you doing on the HPC anyway? You didn't object when your backbiting little group caused the demolition of hundreds of historic structures, but now you want to hassle this guy who's doing a hundred thousand dollar renovation and accuse him of lying over some door locks?

Yeah, clearly you've got the bigger picture in perspective.

[Springfield Girl]

Ok, lets review this again. The Historic Planning STAFF (the paid professionals) works with owners who apply for a COA. They go over guidelines and explain what must be done and why. They put the stipulations in writing and an owner must agree to said stipulations to obtain the COA. The enforcement officer follows up to make sure the correct changes are being made. If the COA is followed all is good and everyone is happy. If the owner does not follow the guidelines and chooses to ignore the stipulations set by the Historic Planning STAFF (the paid professionals) the work can be stopped and owners fined and made to undo the unauthorized work. I don't know the details of how the fines work or if they are waived if the the unauthorized work is reversed. This is handled by the city and their employees and the commission is not involved in this. You can't have it both ways, either you want the historic designation and the protection it provides or you dissolve it and let people do whatever they want to their properties. 

[iloveionia]

I have the citations for this property given to the owner by HPC. I also have the COA. It appears as though the citations were given without written warning. Verbal maybe, but not written. It also appears the COA covers work
done. Again, appears.  
I am interested in knowing what the process is for giving citations. You know, what's step 1, step 2, etc. I know Ray went to HPC (their office) for guidance. I wonder if anyone ever came to his home and walked him through the "do's and dont's"?
I do know in this case HPC received an anonymous complaint. HPC was not driving around searching.
I've talked to Ray personally and continue to communicate. Anyone else I wonder?
I don't ask and won't ask for bending of rules. I do ask for help, support, and genuine kindness. Which in my humble opinion I don't think this gentleman has received. Thankfully he's still here and hasn't abandoned his home.
I will continue to research and get the facts from HPC (yes, I have emailed and communicated with the right people in that office,) and the owner. Help, not hinder. That's all. Thank God people still invest in Springfield. We need to exude love and friendship. We need to get people to come and then most importantly get them to stay.

[sheclown]

Help, not hinder.

[ChriswUfGator]

Typical SPAR attitude, about how it's all the guy's own fault for failing to follow the rules;

Ok, lets review this again. The Historic Planning STAFF (the paid professionals) works with owners who apply for a COA. They go over guidelines and explain what must be done and why. They put the stipulations in writing and an owner must agree to said stipulations to obtain the COA. The enforcement officer follows up to make sure the correct changes are being made. If the COA is followed all is good and everyone is happy. If the owner does not follow the guidelines and chooses to ignore the stipulations set by the Historic Planning STAFF (the paid professionals) the work can be stopped and owners fined and made to undo the unauthorized work. I don't know the details of how the fines work or if they are waived if the the unauthorized work is reversed. This is handled by the city and their employees and the commission is not involved in this. You can't have it both ways, either you want the historic designation and the protection it provides or you dissolve it and let people do whatever they want to their properties.  

And obviously, now we have the real story, which always comes out in these situations, where it turns out what really happened is that SPAR and its minion on the HPC are busting someone's chops when he didn't realize he wasn't following the rules that he didn't even know existed, and that nobody bothered to tell him about;

I have the citations for this property given to the owner by HPC. I also have the COA. It appears as though the citations were given without written warning. Verbal maybe, but not written. It also appears the COA covers work
done. Again, appears.  
I am interested in knowing what the process is for giving citations. You know, what's step 1, step 2, etc. I know Ray went to HPC (their office) for guidance. I wonder if anyone ever came to his home and walked him through the "do's and dont's"?
I do know in this case HPC received an anonymous complaint. HPC was not driving around searching.
I've talked to Ray personally and continue to communicate. Anyone else I wonder?
I don't ask and won't ask for bending of rules. I do ask for help, support, and genuine kindness. Which in my humble opinion I don't think this gentleman has received. Thankfully he's still here and hasn't abandoned his home.
I will continue to research and get the facts from HPC (yes, I have emailed and communicated with the right people in that office,) and the owner. Help, not hinder. That's all. Thank God people still invest in Springfield. We need to exude love and friendship. We need to get people to come and then most importantly get them to stay.

So like I said, typical SPAR, with its "hinder, not help" attitude.

[CS Foltz]

Well maybe the SOS organization can take the place of the SPAR Council? That would probably be best for all of Springfield in the long run since the SPAR agenda and Springfields agenda are two really different things!

[Debbie Thompson]

SOS works with other organizations. We don't try to take their place.  We play nice with others.

[sheclown]

SOS works with other organizations. We don't try to take their place.  We play nice with others.

   "Blessed are the peacemakers: for they shall be called the children of God."  And Debbie, you are a blessed peacemaker.

[sheclown]

Springfield, a Nationally Recognized Historic District, has an agenda...preservation.

All efforts, whether it is a moratorium on demolitions or encouraging appropriate restorations, should work toward that goal.