Legislative Corner
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LEGISLATIVE CORNER
November elections yield positive results for property owners
C.A.R. Proposition 19 Initiative passes by narrow margin; additional real estate related State ballot measures reflect negative public sentiment towards rent control and increased business property taxes; voters approve County and local sales and business taxes. City Council representation results mixed.
2020 STATE BALLOT MEASURES:
PROP 15 FAILS
No: 52% | Yes: 48%
Voters reject Split Roll Tax Measure to increase taxes on small businesses and commercial property owners
Proposition 15 would have provide $6.5B to $11.5B in new funding for public schools, community colleges and local government services by creating a “split roll” system that increases taxes on large commercial properties by assessing them at market value without changing property taxes for small business owners or renters. The measure failed by a small margin of about four percentage points.
PROP 19 Passes
Yes: 51.5% | No: 48.9%
Voters approve C.A.R. Initiative for property tax transfers, exemptions and revenue for wildfire agencies 1
Proposition 19 passed with just over 51% of the vote. As passed, the proposition would increase property tax burden on owners of inherited property in favor of providing expanded property tax benefits to homeowners ages 55 years and older, disabled homeowners and victims of wildfires and natural disasters.
prop 21 FAILS
No: 59.8% | Yes: 40.3%
Prohibits local governments from imposing rent control on variety of housing units2
If approved, Proposition 21 would have allowed local governments to establish rent control on residential properties that have been occupied for over 15 years and allow landlords who own no more than two homes to exempt themselves from such policies. This would have essentially repealed some of the provisions in the ’95 Costa-Hawkins Rental Housing Act. Prop 21 was rejected by 60% of California voters.
COUNTY | CITY BALLOT MEASURES:
CONTRA COSTA MEASURE X PASSES: 58.45% | 41.55%
Measure X will levy a 1/2-cent sales tax to help fund the County General Fund. Stated use of funds include hospitals and community health centers, fire and emergency response, early childhood and essential county services.
CONCORD MEASURE V PASSES: 50.47% | 49.53%
Measure V extends and increases voter-approved sales tax from 0.5% to 1% to help bolster Concord’s General Fund. Funds designated for emergency/disaster response and preparedness, supporting local businesses through recovery, street repair, crime prevention, homelessness and other City services.
ORINDA MEASURE R PASSES: 58.74% | 41.29%
Measure R will extend/increase voter-approved sales tax from 0.25% to 0.5% to boost City’s General Fund. Funds will be used for street maintenance, storm drain repair, and emergency/disaster preparedness.
RICHMOND MEASURE U PASSES: 72.53% | 27.47%
Measure U will restructure the City’s Business License Tax calculation method from a per employee tax to a gross receipts tax.
SAN PABLO MEASURE S PASSES: 79.19% | 20.81%
Measure S will extend a voter-approved sales tax that passed in 2012 known as Measure Q which will revert a temporary sales tax back to a 1/2-cent (total rate of 8.75%) for five years, then be reduced by 1/4-cent (8.5%) for the next five years, then terminated after 10 years. It will not increase local taxes beyond what was originally approved as Measure Q.
RAF-O-METER
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CONTRA COSTA
Federal Glover, Incumbent
Supervisor, District 5
CLAYTON
City Council (3 seats):
Jim Diaz, Incumbent
Peter Cloven
Leticia ‘Holly’ Tillman
CONCORD
City Council:
Dist 2: Carlyn Obringer,
Incumbent
Dist 4: Ed Birsan
Incumbent (unapposed)
DANVILLE
Town Council:
Newell Arnerich, Incumbent
Renee Morgan, Incumbent
Dave Fong
EL CERRITO
City Council (3 seats):
Lisa Motoyama
Paul Fadeli, Incumbent
Tessa Rudnick
HERCULES
City Council (3 seats):
Alexander Walker-Griffin
Dan Romero, Incumbent
Tiffany Grimsley
LAFAYETTE
City Council (3 seats):
Cameron Burks, Incumbent
Carl Anduri
Gina Dawson
MARTINEZ
City Council:
Dist 2: Mark Ross,
Incumbent
Dist 3: Brianne Zorn
MORAGA
Town Council:
Renata Sos, Incumbent
David Stromberg
Teresa Onoda
ORINDA
City Council (2 seats):
Darlene Gee, Incumbent
Inga Miller, Incumbent
PINOLE
City Council (2 seats):
Devin Murphy
Maureen Toms
RICHMOND
City Council:
Dist 1: Melvin Wills,
Incumbent
Dist 5: Gayle McLaughlin
Dist 6: Claudia Jimenez
SAN PABLO
City Council (3 seats):
Patricia Ponce
Arturo Cruz, Incumbent
Abel Pineda, Incumbent
SAN RAMON
City Council:
Mayor: David Hudson
Dist 1: Scott Perkins
Dist 3: Sridhar Verose
WALNUT CREEK
City Council (3 seats):
Kevin Wilk, Incumbent
Cindy Darling
Loella Haskew, Incumbent
| govt. affairs ARCHIVE
CONTACT:
OCT 2020 | With election season comes a race for space to post signage. Be sure to familiarize yourself with local laws pertaining to sign placement, which may differ in every city. Illegal sign placement may result in onerous legislation that could severely restrict all signage privileges. | REVIEW CITY SIGN ORDINANCES >
PROTECTING PRIVATE PROPERTY RIGHTS | One of the most important services organized real estate provides members and consumers is representation in the halls of government. The REALTOR Action Fund (RAF), supported solely by REALTOR contributions, raises money to advance the goals of political action committees (PACs) supporting real estate at the local, state and federal levels of government. | LEARN MORE >
2020 lgr committee:
Debi Mackey, Chair
Henry Giovannetti
Leslie Manzone
Greg Souza
Tyra Wright
Floor Plans Subject to Copyright + Ad Restrictions
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Legal alert
Floorplans posted with MLS listings are subject to copyright restrictions and truth in advertising guidelines
Adding floorplans to listing data has become popular among MLS Participants and Subscribers. But before you post, make sure they are accurate and that you get adequate permissions to copy and publish.
Just as there are copyright restrictions limiting use of photos in the MLS, so too are there similar legal and ethical ramifications for posting floorplans. Best Rule of Thumb:
– Be sure to get permission to use floorplan images from architects/image copyright owners.
– Be sure the floorplans reflect a current and accurate representation of actual property, dimensions and layout.
For virtual floorplans, also be sure to include a legend (notation of square footage/
measurement source) and precision disclaimer similar to the following:
“Disclaimer: This image is a computer generated rendering based on square footage as reported via_____________ (preferably a third-party source such as public records). As such, this floorplan may not completely and accurately depict the true measurements and scale of the property and neither seller nor listing broker has/will investigate or verify the accuracy of the measurements nor the relative scale of space rendered. If exact acreage or square footage is required the property should be measured by an independent third-party.”
CCAR 2021 Big Event
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WedNESday, october 21, 2020
To view Zoom meeting, click on image below. You will be prompted to submit viewer passcode: 6#r@+@&2
Code of Ethics Quiz 4
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Q1
YES/NO | REALTOR® Jake secures a new exclusive listing to sell one of Seller David’s many rental properties. REALTOR® Rachel later approaches Seller David to discuss property management services she could provide for some of his rental properties. Is REALTOR® Rachael acting consistent with the duties of Article 16?
A1
YES | Article 16: REALTORS® may approach clients of other REALTORS® to offer different types of services than the ones currently being provided.
Q2
MULTI-CHOICE | A Buyer’s Agent presents an offer and the listing agent notifies Buyer’s Agent that the commission has been reduced. This can only occur when…?
A2
C | Article 3.2: Prior to the time that REALTOR® submits an offer to purchase property.
Q3
YES/NO | REALTOR® Josh used the MLS to identify several properties listed with other agents that he wants to advertise in the local newspaper. REALTOR® Josh disclosed the listing firm name and the MLS number next to each property in the ad. However, REALTOR® Josh did not obtain permission from each listing broker to advertise their properties. Are REALTOR® Josh’s actions consistent with the duties of Article 12?
A3
NO | Article 12
Q4
MULTI-CHOICE | REALTOR® Dipendra contacts listing REALTOR® Eve on behalf of his client who is interested in purchasing a home that Eve has listed. Dipendra must disclose all of the following to Eve, EXCEPT?…
A4
D | Article: 3.7: The amount of compensation he expects to collect for his role in closing the transaction.
Q5
MULTI-CHOICE | Now that Clear Cooperation is in effect, what type of marketing triggers the policy and requires inputting of the listing into the MLS?
A5
D – ALL OF THE ABOVE | MLS RULE 7.5: Flyers displayed in windows and/or yard signs; digital communications marketing (email blasts) and/or multi-brokerage listing sharing networks.
* QUIZ RULES | Members providing complete and accurate answers to each quiz will be entered into weekly prize drawings to win free eKey fees for one (1) year (~$200 value); maximum one (1) winner per week. Weekly prize winners will be announced every Tuesday from Sep 08-29. Members who complete all four (4) quizzes (whether answers are accurate or not) will be entered into the grand prize drawing to win a refund for annual CCAR MLS fees (~$539 value); grand prize winner will be announced Tuesday, September 29, 2020. The Office Championship prize will be awarded to the firm/brokerage that records the highest level of participation in all four weekly quizzes; individual prizes for each team participant; total not to exceed $1,000. Refunds will be awarded in the form of gift cards.
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