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Appealing Property Taxes for Apartment Owners Property taxes are one of the largest line item costs incurred by apartment owners. However, many owners do not appeal effectively. Even though owners realize that property taxes can be managed and reduced through an appeal, some view taxes as an arbitrary estimate provided by the government which can't effectively be appealed. It tends to boil down to the old adage, "You can't fight city hall". Fortunately, the property tax appeal process in Texas provides owners multiple opportunities to appeal. Handled either directly by the owner or by a property tax consultant, this process should involve an intense effort to annually appeal and minimize property taxes. Reducing the largest line item expense has a significant effect in reducing the owner's overall operating expenses. While it is not possible to entirely escape the burden of paying property taxes, it is possible to reduce taxes sharply, often by 25% to 50%. Why some owners don't appeal Some property owners don't appeal because they either don't understand the process, or don't understand that there is a good probability of achieving meaningful reductions in property taxes. Some owners believe that since the market value of their property exceeds the assessed value, then it is not possible to appeal and reduce the property taxes. Although appeals on unequal appraisal are relatively new, there is a clear-cut way to appeal property taxes at the administrative hearing level based on unequal appraisal. Unequal appraisal occurs when property is assessed inconsistently with neighboring properties or comparable properties. Also, some owners are reluctant to hire a property tax consultant, even though many consultants will work on a contingent fee basis, in which there is no cost to the owner unless property taxes for the current year are reduced. Overview of appeal process The following are the primary steps in the annual process for appealing property taxes: · Request notice of accessed value · File an appeal · Prepare for hearing . Review records . Review market value appeal . Review unequal appraisal appeal · Set negotiating perimeters · Administrative hearings · Decide whether binding arbitration or judicial appeals are warranted · Pay taxes timely Requesting a notice of assessed value Property owners have the option of requesting a notice of assessed value for their property annually. Section 25.19g of the Texas Property Tax Code provides the owner the option to request a written notice of the assessed value from the chief appraiser. Owners benefit from requesting and receiving a written notice of assessed value for each property because it ensures they have an opportunity to review the assessed value. This notice should be sent on an annual basis. The appraisal district does not have to send a notice of assessed value if the value increases by less than $1,000. However, if an owner was not satisfied with a prior year's value and the value remained the same, the appraisal district probably will not send a notice of the assessed value for the current year. In this situation, the owner might forget to protest since a notice of assessed value for the property was not received. How to file and appeal On or before May 31st of each year, the property owner should file an appeal for each property. However, while many owners are comfortable with an assessed value, in many cases there is a basis for appealing. Two options for appealing include: 1. unequal appraisal, and 2. market value based on data the appraisal district provides to the owner before the hearing. You can appeal by completing the protest form provided by the appraisal district and indicating both excessive value (market value) and unequal appraisal as the basis for appeal. In addition, the property owner can simply send a notice that identifies the property, and indicates dissatisfaction with some determination of the appraisal office. The notice does not need to be on an official form, although the comptroller does provide a form for the convenience of property owners. (You can access the protest form at http://www.cutmytaxes.com .) House Bill 201 - helpful information House Bill 201 is the industry jargon for a property owner's option to request information the appraisal district will use at the hearing, and to receive a copy 14 days before the hearing. The name House Bill 201 is derived from the bill used to enact the law. The details for House Bill 201 are located in sections 41.461 and 41.67d of the Texas Property Tax Code. When filing a protest, the property owner should additionally request in writing that the appraisal district provide a copy of any information the appraisal district plans to introduce at the hearing. The appraisal district will typically require the property owner to come to the appraisal district office to pick up the information and charge a nominal fee, typically $0.10 per page. While the cost for House Bill 201 requests are quite low (typically $0.50 to $2.00 per property for residential and commercial) the information is invaluable in preparing for the hearing. In addition, filing a House Bill 201 request is important because it limits the information the appraisal district can present at the hearing to what was provided to the property owner two weeks before the hearing. Preparing for the Hearing Start by reviewing the appraisal district's information for your property for accuracy. If the appraisal district overstates either the quality or quantity of improvements, this will justify a deduction. The next step is to review the information on market value and unequal appraisal provided by the appraisal district in the House Bill 201 package. If the subject property is an income property, review the appraisal district's income analysis versus your actual income and expense statements. Consider the following areas as opportunities to rebut the appraisal district's analysis: · Gross potential income · Vacancy rate · Total effective gross income, including other income · Operating expenses · Amount of replacement reserves · Net operating income · Capitalization rate · Final market value Many property owners and consultants start with the actual income and expense data, and use one or two of the assumptions provided by the appraisal district. However, they primarily utilize information from the actual income and expenses in preparing their own income analysis and estimate of market value for the subject property. When comparable sales are the primary issue in determining market value, start by reviewing the comparable sales data provided by the appraisal district versus the assessed value for your property. Convert the sales prices from the appraisal district to either a per square foot or per unit basis. Then compare the sales to the per square foot or per unit assessment for your property. Sales can be helpful during the hearing. The cost approach is not typically used in the property tax hearings except for brand new or relatively new properties. If your property is new, the appraisal district will probably want to review the cost information and you probably won't want to show it to them. In many cases, the actual cost of a property is higher than the estimate provided by the appraisal district. If this is the case, you will likely want to appeal on unequal appraisal instead of on market value. No matter how good your argument or how passionately it is expressed, the appraisal district staff and Appraisal Review Board (ARB) members tend to believe that cost equals value for new properties. Deferred Maintenance and Functional Obsolescence Another issue that is important for the market value appeal, and to some extent for a unequal appraisal appeal, is information on deferred maintenance and functional obsolescence. Deferred maintenance could include items such as: · rotten wood · peeling paint · roof replacement · substantial repair · landscaping updating and other similar items Most appraisal districts give minimal consideration to requests for adjustments based on deferred maintenance, unless the property owner provides repair costs from independent contractors. There are some exceptions where a cooperative informal appraiser or sympathetic ARB will take an owner's estimate of deferred maintenance and make adjustments based on those costs. Most appraisers and ARB members are much more inclined to make adjustments if third-party cost estimates are provided. In addition, the appraisers and many ARB members are inclined to only deduct a portion of the total cost using the argument, "we've been giving a replacement reserve allowance for this item for the past years and it'd be double-dipping to deduct the whole value off it in the current year." While this is an incorrect appraisal argument, it does tend to be the practice at many appraisal districts. The reality is, the cost of curing deferred maintenance is deducted from the offer by a prospective buyer. Examples of functional obsolescence would be a three-bedroom apartment unit that only has one bathroom, or a two-bedroom apartment that does not have washer/dryer connections in an area where those connections are common. Another example would be an apartment that has a window air conditioner in an area where central HVAC is typical and expected. Unequal appraisal analysis The Texas Property Tax Code, section 41.43(b)(3), provides for appraising or appealing on unequal appraisal including ratio studies and "a reasonable number of comparable properties appropriately adjusted." Virtually all unequal appraisal appeals involve a reasonable number of comparables that are appropriately adjusted. Comparables are similar properties. This is primarily because of the difficulty and cost of performing a ratio study. Historically, the position of many appraisal districts was that the property owner needed to get a fee appraisal for each comparable property and compare the market value estimated by the appraiser to the assessed value. The cost of getting multiple appraisals made this process financially impractical. Compiling a reasonable number of comparables appropriately adjusted is simple and straightforward. The first step is to choose a reasonable number of comparables. Usually four to five comparables is the typical number used at a property tax hearing, but in some cases, property owners choose ten to thirty. In some cases, there may only be one to four comparable properties that merit consideration. Most unequal appraisal presentations include three to ten comparables. The number of reasonable comparables depends on the location, type, size and age of the property. For example, there would be fewer five-year-old bowling alleys in the northern part of Harris County compared to recently built apartment complexes. After choosing a reasonable number of comparables, array them in a table format, including fields of data such as account number, net rentable area, year built, street address, assessed value and assessed value per square foot. The next step is to determine whether or not to make appropriate adjustments. For the administrative hearing, if you have truly comparable properties, most boards (appraisal review board or ARB) won't be concerned with you not making adjustments. If you make adjustments, those would typically be based on factors such as differences in size and age compared to the subject property. You should also review the information in the appraisal district's House Bill 201 packet on an unequal appraisal. In many cases, the appraisal districts unequal appraisal analysis will document a reduction in your assessed value! If the appraisal districts unequal appraisal analysis documents a reduction, either the informal appraiser or the ARB should make the adjustment in assessed value for you. Having the opportunity to get an assessed value reduced automatically based on the appraisal districts unequal appraisal analysis is one of the reasons to appeal every property every year. Completing Hearing Preparation After reviewing the appraisal district's information on your property, the House Bill 201 package, and your market value and unequal appraisal analyses, determine the strengths and weaknesses of each approach and decide which basis of appeal provides the best opportunity for a meaningful reduction. Although appeals on unequal appraisal have clearly been the law of the land since 2003, some appraisal districts and review boards have chosen to disregard the option for unequal appraisal put forth by the Texas Legislature. Although there is litigation underway which should resolve this issue within the next year, it would be prudent to visit someone who is knowledgeable in local property tax appeals to determine whether the county appraisal district and ARB in your area are considering appeals on unequal appraisal. Set Negotiating Perimeters After reviewing the information, it is important to set the highest level of assessed value you will accept at the informal hearing because after you accept an assessed value, the appeal process will be complete for the year and you will not be able to appeal further. Administrative Hearing Process The two steps to the administrative hearing process are the informal hearing and the appraisal review board hearing. The Informal Hearing The following procedure and rules are typical at the informal hearing: · Meet with an appraiser representing the appraisal district. You should be polite and prepared at this meeting. While many property owners are frustrated and angry at the high level of real estate taxes, the appraisal district appraiser does not control the tax rate set by various entities nor the policy regarding property taxes in the area or the state. The appraisal district appraiser is trying to execute his job in a professional manner and appreciates it when property owners work with him on that basis. · Provide the appraiser information on your property and he will review that information and information he has available. · The appraiser will likely make an offer to settle the assessed value of your property fairly quickly. You can either accept the value or negotiate further. Either way, you should know within ten to twenty minutes whether the appraiser will offer an acceptable value. If the value is acceptable, conclude the negotiation by agreeing to the value for the current year. If the value offered is not acceptable, ask to go forward with an ARB hearing. Appraisal Review Board Hearing (ARB) The ARB hearing panel consists of three impartial citizens selected and paid by the appraisal district. The age of most ARB members ranges from fifty to eighty. There is an unfortunate bias in the system since the ARB members are selected and paid by the appraisal district, but most ARB members are reasonable people who want to make appropriate decisions. Like the appraisal district appraiser, the ARB does not set tax rates or tax policy. The members are also not responsible for the effectiveness of local government. It is unlikely to help your case if you complain to the ARB members about either the high level of property taxes or the poor quality of some aspect of local government. The ARB will expect you to make your presentation in about three to ten minutes. They will typically wait patiently while you make your presentation and may have questions after you conclude. An appraiser from the appraisal district, who may or may not be the same person who attended the informal hearing, will represent the appraisal district at the ARB hearing. The appraiser will comment on the evidence you presented and will often present other information the appraisal district has available. If you requested a House Bill 201 package for your property, it substantially limits the evidence the appraisal district appraiser can offer at the hearing. The ARB members may have questions after the appraisers presentation. Then the property owner will be given a final opportunity to rebut evidence presented by the appraisal district appraiser and quickly summarize the evidence. The ARB members strongly prefer you not repeat your entire presentation at this point. After hearing the evidence, the ARB members will confer and make a decision. This decision is not subject to negotiation and they will not revise the decision if further evidence is presented. When this decision is announced, the hearing is effectively over. The ARB will send a letter two to four weeks later summarizing their decision and notifying the owner of a 45 day limitation from the date receipt of the ARB decision to either request binding arbitration or file a judicial appeal. Binding Arbitration or Judicial Appeal Beginning September 2005, owners of properties with an assessed value of $1 million or less may file a request for binding arbitration. The owner must file with the appraisal district no more than 45 days after receipt of the notice of the ARB's decision. The binding arbitration option is interesting because it includes a loser pays provision. The appraisal district pays for the arbitrator's fee if the final value is closer to the owner's opinion of value, and the owner pays for the binding arbitration if the final decision is closer to the appraisal district's opinion of value. Binding arbitration was passed to provide an alternative to judicial appeals, which can be expensive to prosecute. Many owners pursue judicial appeals to further reduce property taxes. In 2005, O'Connor & Associates filed over 1,200 judicial appeals on behalf of property owners in the state of Texas. The judicial appeals can be expensive if the property owner and attorney don't understand the process and have a plan in place to minimize the cost of legal and expert witness fees. Judicial appeals are typically successful. However, success requires cooperation from the property owner, such as providing responses to questions, documents and a deposition if requested. The judicial appeal is meaningful as an option to minimize property taxes since it reduces the base value. This is important because the appraisal district and ARB consider the base value in the subsequent year when setting the administrative hearing value. Conclusion Property owners can generate substantial reductions in property taxes by appealing annually. Consider appeals on both market value and unequal appraisal and obtain the House Bill 201 information when preparing for the appeal hearing. Property owners should consider all three levels of appeal: informal hearing, ARB hearing and judicial appeal/binding arbitration. While the ARB hearing and judicial appeal/binding arbitration can be an intimidating process, each is straightforward once you understand the mechanics. Pat O'Connor, MAI is president of O'Connor & Associates, 130-person firm in business since 1974. O'Connor & Associates is the largest tax consultant in Texas, handled more than 43,000 administrative appeals in 100 counties in 2005 and is currently coordinating over 2,000 judicial appeals. O'Connor & Associates also provides real estate appraisal, cost segregation and market research services. Auction Property Purchase With No Money Down The article refers to purchasing property at auction, the essential planning and steps required to complete a successful property acquisition. Although the general property market faces testing times auctions are a market where deals can and are being done. These circumstances have led to rapidly shifting criteria by lenders; with funding lines that were previously available either being withdrawn or altered beyond recognition, therefore how can I assist you raising finance? I manage a regional finance business with access to a panel of over 100 lenders, from high street banks and institutional investors through to merchant and private banks, private wealthy individuals, groups and venture capitalists. Whether your a seasoned property investor or a novice, there is no disputing property auctions are where extraordinary bargains are to be had at for those with a keen eye for a deal. But how do you obtain finance in a market where LTVs ratios are falling without having to employ substantial amounts of your personal money. So why use an auction? There are many reasons why people consider buying or selling at auction; they may want to move quickly, they may be looking for a plot of land for development, the property may involve repossession, or simply that they want a quick purchase without the risk of gazumping. Also many buy to let investors consider auctions because of the variety of properties on display at any one time and by nature there a good place to bag a bargain. With properties that are re-possessed the lender who has taken ownership of the property owes a burden of care "an equity of redemption" to the client who they initially lent monies to. This means in practice that a lender who repossesses will generally offer these types of property in an auction and so they remain places where under value properties can be acquired. Buying or selling properties at auction can have a number of advantages for both the buyer and seller. Most of the delays associated with property transactions are eliminated, the auction and completion dates are fixed, and the sale contract becomes binding upon the fall of the gavel. This following tips section of this article will focus on the property transaction primarily from the buyers perspective with an emphasis on the lenders that operate in this market. Tips Inspect the property and do as much research as possible about the property and the neighbourhood. There are house price sites on the web to find out how much similar properties have sold for. Ensure you read all written material provided by the Auctioneer, the Legal Pack and the HIP. It is important to fully understand the contents and the terms and conditions of the auction. Ensure sufficient funds are available for the deposit which will need to be paid at the auction i.e. often this is 10% of the sale price but you should check what the deposit will be before the auction. Also check which methods of payment are acceptable (as some methods of payment may not be acceptable such as cash or credit cards). Most Property Auction Houses do not advertise to the public as they are still aimed at professional purchasers so you will need to make enquiries on the Web or at your local estate agent to determine when and where a property auction that might include properties of interest will take place. Be prepared to move fast. Property Auctions take place only three to four weeks after the property auction catalogue is first issued. If you are subsequently successful at auction you will then have usually between 14-28 days only to complete. A ten day default period will follow this where the purchaser will be charged interest and can in the worst case scenarios be used to extend the 14-28 day period. Check the Auction guide small print to see what penalties this will incur. On the auction day an intention to bid will need to be registered (either prior to the auction or in the auction room). If the bid is successful the sales memorandum will need to be signed and the deposit paid there and then. The buyer will often be responsible for the insurance of the property from the moment the gavel falls. The date of completion when the balance of purchase price will be paid and possession will be taken will be stated in the conditions of sale. If a property being sold does not make it's "reserve price" then although this is generally not disclosed the auctioneer will state that the current bids are close to the reserve price. A subsequent conversation after the auction may allow you to purchase the property below the reserve price if the vendor is in agreement. This final "tip" is worth looking at in some detail; the level of due diligence a bidder should perform prior to the auction itself. Historically, if a buyer had 20-25% of the purchase price in their back pocket then they were relatively safe going into the auction, making a winning bid and then worrying about arranging the rest of the monies at that point. These days with funding lines restricted it is worthwhile making sure that funds are going to be available beforehand. Unfortunately, without a full valuation report it is difficult for either an investment mortgage provider or a bridging lender to be able to give the applicant a definitive decision as to the level of funds they can make available, or the rates of those funds. An agreement in principle can be indicated but this will always be subject to the legal due diligence and the valuation report. Although the legal due diligence cannot be arranged prior to an applicants "winning bid" one variable that can be eliminated is the valuation report and therefore preparation boils down to whether or not the applicant should cover the expense of a valuation report even before they have become a successful bidder. If the applicant is looking at a number of properties then this can become an expensive exercise, but the ability of a valuation report to highlight potential lending problems, and to get an independent valuation not solely based on the purchase price - makes in our opinion the purchase of a valuation report pre-auction invaluable. There has been a change in the market with regards the acceptability of taking existing valuation reports and having them retyped to the ultimate lender - for example, the largest company of surveyors in the country Connells no longer accept instructions for retypes, an instruction now has to be to a specific lender only. Likewise a lender will almost always want to instruct the valuation themselves. This may mean that even if a valuation report has been prepared prior to the auction the lender may require a second valuation report with subsequent expense to the client. The need for a second report can be minimised by using valuers who are generally acceptable on most panels but there remain no guarantees. However, the initial valuation report should enable an applicant to pin down the lender to an exact loan amount bearing in mind no subsequent issues arise during the legal conveyancing and any subsequent report comes in at the same value. Funding lines There are two lines of funding that can be used to complete on an auction property purchase, a mortgage (either residential or investment) or a bridging loan. Each has their own specific advantages and disadvantages as follows. Mortgages Generally a purchaser of a property at auction will not be using the property as their main residence so this section will concentrate on investment or buy to let mortgages. The main advantages when being used as a purchasing form of finance is that you can generally get a loan of up to 75% of the purchase price (so long as the rental coverage exists) and the interest rate will be very keen. Unless you were planning on reselling the property then a buy to let mortgage would be the ultimate form of loan to be secured on the property so by going straight into a buy to let mortgage you avoid two sets of finance costs, the first finance cost of the loan used to acquire and the second of the buy to let mortgage itself. There are disadvantages of using buy to let finance and they are as follows. Speed Although a buy to let mortgage can theoretically be put into place within 4 weeks (the general time scale of an auction purchase being 28 days), due to the underwriting process generally taking longer in the current economic climate, there are no guarantees that the mortgage will be in place before the 28 days are up and you could therefore lose your deposit. Mortgageability A buy to let lender will need the property to be in a mortgageable state. If the property is damaged in any way, without electrics, plumbing or even a kitchen/bathroom the lender will not be able to secure a mortgage against the property. Retention Retention is a watered down version of the previous disadvantage. We are seeing lenders' increasingly retaining a proportion of the mortgage until the borrower meets certain pre-conditions. If for example the property is mortgageable but in a very poor state the lender may hold back for example £20,000 until the borrower has brought the property up to an "acceptable" standard. This may make completion impossible as the whole lend may be needed to make up the full balance of funds. LTV A buy to let lender on a purchase transaction will lend as a percentage of the valuation or purchase price whichever is the lower. Rental Yield Even if a valuation comes in on target allowing a buy to let provider to lend the percentage required if the rental yield comes in lower than the minimum required for that lend then this will reduce the loan amount available. If for example a £100,000 property has a £75,000 lend offered if the rental yield comes in over £400 and the rent comes in at £350 then the loan amount offered would drop to £65,000. Bridging Loan Due to these previous disadvantages of applying for a buy to let mortgage at acquisition many property investors will seek to use bridging finance to complete the purchase and then use buy to let mortgages to refinance out of the bridging loan. The key advantages to a bridging loan is that as an asset based form of finance it is quicker; there are less affordability hoops that an applicant has to go through to be judged applicable and in many instances the loan becomes in essence "self-cert." A bridging loan can also be loaned as a percentage of the Open Market Value of the property so if you have bought the property under market value you can potentially borrow a higher percentage of the purchase price than with a buy to let mortgage. Be warned however, that the days of 100% lending against the acquisition property are more difficult to arrange, the lender will want to see at least some client contribution even with a strong valuation report. Certain bridging loans will allow you to use equity in a secondary property to essentially top-up the loan to 100% of the purchase price with a first charge on the property being acquired and a first or second charge on the additional security. Finally, a bridging lender will not be put off by the condition of a property in the same way that a buy to let lender would be. So long as the asset has an open market value, despite its condition then generally a bridging loan can be arranged as a percentage of that value. Some funding lines even allow you to draw down further monies against an increase in the valuation of the property to help with the funding of any development works or a release of capital when the property is refurbished - allowing the developer to use these released monies to move onto their next project. As with buy to let mortgages there may be disadvantages when utilising bridging finance and the main ones are as follows. Expense For the speed and relatively self-cert nature of the bridging loan you will pay a premium on the monies borrowed with rates of between 1-2% per month. In addition to these rates there will be additional valuation fees, legal fees, set-up costs and potentially exit fees. Unless the applicant is borrowing at a very low LTV it is rare in the current climate for these fees to be "rolled-up" into the loan so the set-up costs will be deducted from the loan on draw down and then the loan will need servicing whilst outstanding. Exit strategy A relatively recent addition to buy to let mortgage provider's criteria is that they will require a property to be held for a minimum period of 6 months before allowing an applicant to use their loan to pay back the bridging loan (there are new mortgage products available that don't require this six month rule). At that point the buy to let loan can be borrowed as a percentage of the Open Market Value but the applicant will have had to pay 6 months of bridging finance rates by that point. Retained Interest As bridging lenders are aware of this refinance precondition, many lenders in order to guarantee that they will have their loan covered for the 6-month period will stipulate that 6 months interest is retained at source. That means on a gross loan that initially looked quite good at 65% of LTV, the net loan that ultimately ends up in the borrower's hands can be as low as 55% LTV even though of course this now results in the borrower not having to service the loan over its term. There are advantages and disadvantages to whichever form of finance is being used to acquire a property at auction and these relative merits change as the lending criteria themselves change. Certain aspects of the depressed property market currently being experienced make auction purchases more attractive than they were, however these same conditions affect the availability of the types of funding lines that remain. Always perform minimal homework even prior to approaching a broker/lender with some knowledge on the security and what you hope to do with it, the broker/lender can then fill in the gaps in your knowledge with what products are still available and what criteria may have changed in your favour. There is nothing that an underwriter likes better (save apart from a concrete exit strategy) than actually seeing a current valuation report on the property that they are being asked to give an agreement in principle on for a lending decision. The valuation report if supplied by a surveyor who is also on their panel so much the better. For the sake of losing a reasonable sum of money, that this valuation report may cost the information it provides may save you thousands in the long run. In nearly every circumstance I have found ways to assist in and am happy to speak with you about financing your next or even your first auction property purchase. My colleagues can assist you to structure your portfolio in a tax efficient manner, minimising capital gains and other taxations. Thank you for reading this property guide. I hope the information contained within will prove to be profitable for you. I urge you to take action and get started on creating your own property portfolio plan and consider your next or first auction purchase. The following words may act as inspiration, and help you to reach for the stars, good luck. Carl Schurz - "Our ideals resemble the stars, which illuminate the night. No one will ever be able to touch them. But the men, who, like the sailors on the ocean, take them for guides, will undoubtedly reach their goal."