Archive for November, 2007

A lesson in safe tree-trimming

Friday, November 16th, 2007

Q: I am a female homeowner; I love trees and have many all around my yard. I would like to use a chainsaw for some of my pruning; however, my guy friends caution me about using it, telling me stories about how dangerous they are.

I don’t want to be all girly about this, but what’s your opinion? I’ve never really had any safety lessons on chainsaw use. Is there something safer that would do the job? Right now, I just hire the pruning to be done every year. –Jillayne S.

A: Chainsaws, like any cutting tool, are dangerous if not handled properly. That doesn’t mean you need to be afraid to use one, just that you need to exercise caution and common sense — whether your are male or female!

Chainsaws have an exposed cutting chain with highly aggressive teeth, and their length and weight can throw an operator off balance. Cutting often takes place in wooded areas or other areas with unstable footing, adding to the danger. The other thing about chainsaws is the unpredictability of the material that you’re cutting. Limbs can twist and bind the chain; trees can tip or fall in a direction you don’t intend; and the saw can occasionally kick back.

Safe operation is not a gender issue, although the stronger a person is, the easier it is to control the saw. I don’t see any reason to steer you away from using a chainsaw, but I would instead offer the following suggestions:

  • Purchase your saw from a reputable dealer who specializes in these products — avoid the home centers and department stores for this one.

  • Don’t get a saw that is bigger than you need or that is bigger than you feel comfortable with in terms of weight and balance.
  • Ask the dealer for a complete operating and safety lesson, which many specialty retailers are set up to offer. Make sure you understand how to start and stop the saw, how to operate the chain brake, how to service the engine, and the basics of safe cutting.
  • Your saw will come with an instruction and safety manual. Be sure you read through it carefully, and pay attention to the safety tips.
  • Purchase — and use — additional safety equipment, such as safety glasses, chaps and ear protection.
  • If your pruning tasks are relatively small, consider an electric or a cordless chainsaw instead of a gas-powered one. While still dangerous if handled improperly, their smaller size and lighter weight make them a little safer.
  • Above all, when operating a chainsaw — or any cutting tool — use a lot of common sense. Don’t overextend your reach, don’t climb up in the tree or balance precariously on a ladder, don’t cut when you’re off balance, and always know what direction to move in if a limb begins to fall or act in a manner you weren’t expecting.
  • Q: We are planning to sell our home soon, and the outside of our house is painted a cardboard-colored tan with burgundy trim. Do you think painting it a lighter color would improve our chances to sell with the market the way it is? And do you think it is something we could do ourselves? It is hardboard siding (not the bad stuff), and it is 24 by 40 feet. Thanks! –Jesseca H.

    A: When you’re considering selling a home, you want to use colors that will appeal to a wide range of buyers. I would suggest that you drive through your neighborhood and see what looks clean and fresh, or ask your real estate agent for advice on your particular market. Be sure and clean up front landscaping and overhanging trees as well. If you’re patient and reasonably handy, you should certainly be able to undertake the painting on your own.

    Q: I’m considering painting my kitchen cabinets until I can have my kitchen remodeled in the distant future. Before reading your article I had not known of TSP. At what type of store would I purchase that product? –Claudine H.

    A: TSP — trisodium phosphate — is available at most paint stores and hardware stores. Due to growing environmental concerns about phosphates, there are also several phosphate-free, biodegradable “TSP substitutes” on the market as well, although I have yet to try one and can’t vouch for how well they remove grease.

    TSP is a very powerful cleaner, so be sure to follow all of the manufacturer’s instructions for mixing, clothing, safety precautions, etc. Also, when you buy the TSP, be on the safe side and request an MSDS (Material Safety Data Sheet) from the retailer.

    Remodeling and repair questions? E-mail Paul at paul2887@ykwc.net.

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    What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

    Copyright 2007 Inman News

    Some rental disputes better off in small claims court

    Thursday, November 15th, 2007

    Does someone owe you money and you think you have a case? If you’ve already exhausted every reasonable avenue and feel like you’re spinning your wheels, you may want to try another route. Welcome to small claims court, where anyone can have his or her day in court without a lawyer at their side. Devised to give the average person a chance to present his or her case, it is inexpensive and relatively easy to pursue.

    Before pursing a case, “Be sure to write a “demand letter” to the other party, setting forth the payment you expect, and that you will go to court if the other side does not come through,” suggests attorney and legal author Janet Portman. “This letter is more than a formality — many courts all but require that you do so before filing suit in small claims court,” Portman concludes.

    Keep in mind that even if you prevail in court and win a settlement, the court doesn’t collect the money for you. Realistically consider the odds of collecting the judgment based on the debtor’s ability and willingness to pay. Defendants who are chronically unemployed, businesses that are unlicensed, or opponents who have no assets of value may present problems when it comes time to collect the debt. Known as “judgment proof,” these adversaries may be out of your reach, verdict and all.

    Small claims court is not for everyone — or every situation. The maximum award possible varies widely by state and jurisdiction. In California, it can be as high as $7,500, while in Massachusetts the usual limit is a mere $2,000. Exceptions to the rule based on type of claim and parties involved should be noted. There is also a statute of limitations or time limit in which claims can be filed.

    To access the small claims court in your state, type “small claims” and the name of the state into any Internet search engine. Most have links to local courts as well.

    If the type of case and dollar amount is in line with your situation and the case seems viable, the next step is to organize and evaluate the strength of your case.

    How much should you sue for? In the book “Everybody’s Guide to Small Claims Court in California,” an entire chapter is dedicated to this important question. Note that the amount varies based on the type of case, as there are limits on both the amount allowable due to the actual loss and damages. Do some research on the subject, as excessive claims may anger the opposing party, casting a bad light on your case.

    Ready to get ready for trial? Keeping evidence in a file or a set place is particularly important. Photographs, receipts, bills, and contracts or leases are important building blocks for your case. Keep in mind you won’t have lots of time to present your case; most folks are given only 10 to 15 minutes to state the situation and present evidence. Take the time to trim down the dialogue as much as possible and stick to the visual evidence that shows how and why you’ve been wronged.

    Be prepared to answer any questions that may arise, especially to give specific dates for any details involved. For example, if the judge asks, “When did you move out?” don’t expect respect if your reply is “I think it was a Tuesday in June.” It’s better to say, “I moved out Tuesday, June 5th, 2007.” If you’re asked for proof that you left the apartment in good condition, be sure to have photographs ready, complete with proof of date on or in the picture.

    Dress appropriately. While there is no formal dress code per se, the court is not a day at the beach or a cocktail party. Office or work attire is a safe bet, including bringing your file and evidence in a briefcase or satchel. In addition, mind your manners. Be polite to all parties, and look the judge or other party in the eye, paying attention to what is said.

    Don’t expect witnesses to always be called upon. It can’t hurt to bring the kind neighbor who saw the tidy apartment you claim to have left, but there may not be time after evidence is presented to question the person.

    Once both sides have presented their case, verdicts are either rendered on the spot or mailed within a few weeks by mail. Unhappy with the judgment or feel the verdict was unfair? Once again, read up on the subject. California law allows the court to correct certain errors by vacating or canceling an incorrect or erroneous legal decision. For details, consult your local legal resource.

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    What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

    Copyright 2007 Helene Lesel

    Landlord may face steep fines for sexual harassment

    Thursday, November 15th, 2007

    Q: My landlord has behaved dreadfully towards my teenage daughter, harassing her with suggestive remarks and questions about her appearance and social life. I’ve told him to stop, but he hasn’t. He’s threatened me, too, warning that if I sue him and lose, I’ll have to pay for his attorney and court costs. It seems that I would, since my lease has an “attorney’s fees” clause that says that the loser pays the winner’s costs and fees. I know lawyers are expensive and lawsuits are not sure winners, and I don’t know if I could pay. –Marcie E.

    A: The clause in your lease is common, but it applies only to lawsuits that concern the meaning and implementation of the lease. For example, if you fail to pay the rent and the landlord has to go to court to evict you, the clause means you’ll pay the landlord’s attorney’s fees and court costs. Or, if the landlord fails to return your security deposit and you successfully sue to get it back, you’ll be able to collect your fees and costs from him. In practice, the attorney’s fees clause is used mostly in eviction lawsuits, because most other legal spats over the tenancy end up in small claims court. In many states, you can’t bring a lawyer to small claims court (though there are modest filing fees).

    A sexual harassment lawsuit, however, would not be covered by the attorney’s fees clause in your lease. This means that the general rule — each side pays its own fees and costs — will apply, unless a specific state law directs that in your type of case, the loser pays the winner’s fees and costs. You’ll need to check with a lawyer in your state familiar with harassment lawsuits to find out. But first, consider filing a complaint with the Department of Housing and Urban Development (HUD) or your state’s agency responsible for enforcing anti-discrimination laws. These agencies have lawyers who will evaluate and handle your case, and you will not be asked to front your own fees or costs.

    Q: A family of four recently visited the large apartment complex that I manage. They asked to be shown 3-bedroom units near other families (they said they wanted to make it easy for their kids to play with others, and they were hoping they might share child-care with other renters). I insisted on showing them every available 3-bedroom unit, thinking that fair-housing laws required me to do so. The family went along with the tour, but thought I was being ultra-politically correct. Was I? –Kay J.

    A: You were following the law. Here’s why: Far too often, landlords assume that families will bring noise and commotion to an apartment complex, and will make the complex less inviting to future tenants. To minimize a family’s impact on the community, some landlords shunt families towards specific rentals or parts of the building. Known as “steering,” such practices are clearly illegal under fair-housing laws. But in the situation you describe, the tenants asked to be “steered.” Would you be violating the law if you complied?

    This question was answered about 10 years ago by HUD, the main federal agency in charge of enforcing and interpreting fair-housing laws. For a mere three months, HUD said that a landlord would not be guilty of steering as long as it was abundantly clear that the applicant initiated the request. Fair-housing advocates objected, pointing out that allowing landlords to steer in certain situations gave them a handy defense to trot out whenever they were accused of discrimination. For example, the landlord who steered a family to the back of the building could, upon being challenged, simply say, “Well, that’s the unit they asked to see!” If steering is disallowed no matter who initiates it, such a defense can’t be used. The upshot is that although it may seem nutty, your response was the legally sound one.

    Q: Our 1950s-era apartment building is about to undergo extensive renovation, including the removal of heating-duct insulation. The owner tells us that although the insulation is asbestos, the workers will be careful and there won’t be any health risks. I don’t believe it — this guy cuts corners whatever he does, and I don’t trust him to keep the asbestos from flying around everywhere. Since I suffer from asthma, I want to move out while the work is being done, but of course the landlord won’t pay for it. Do I have any legal arguments to back me up? –Patricia W.

    A: Your concern is reasonable. When asbestos fibers become airborne, as happens when old asbestos is torn out, they can be inhaled and lodge in the lungs. People with sensitive lungs need to be particularly careful to avoid airborne asbestos, and everyone who works with it is legally required to take precautions. (The federal OSHA requirements for workers are at www.osha.gov. Search for asbestos.)

    The buildings’ owners are being short-sighted to refuse your request. You do indeed have some legal ammunition to back you up. First, in virtually every state, your landlord is legally required to offer fit and habitable housing, which includes housing that doesn’t pose serious health risks. Your landlord’s claim that he will adequately protect you isn’t enough. Ask for the name of the contractor who will do the work, and talk to that person if possible. Find out whether the contractor is licensed to handle and remove large quantities of asbestos. A reputable outfit that’s been hired to do a careful job may give you the reassurance you need. But if you learn that the building handyman and his nephew will be doing the work, you have evidence that the landlord is about to create a serious health hazard — a violation of the duty to maintain safe and habitable housing.

    Assuming the owner is hiring the handyman or a variation, what does this newfound knowledge do for you? A lot. Once rental premises become seriously dangerous (that is, unfit and uninhabitable), the landlord must take reasonable and prompt steps to fix the situation. In addition to removing the airborne asbestos, you’ll argue that a further reasonable step would be to remove you from harm’s way. Don’t wait for the first whiff of asbestos. Begin now by writing to the landlord, explaining your health situation and your reasonable grounds for concern. Say that you’ll be staying in modest digs (don’t book a room at the Ritz!), that you’ll continue to pay the regular rent, and that you’ll expect to be reimbursed for your alternate housing costs when construction is over. Any landlord with half a brain will realize that the alternative to your request — the risk of a personal injury lawsuit, in which you claim that the landlord’s refusal to grant your request resulted in a painful asthma attack, lost wages, doctors’ bills, and so on — is much costlier than a week or so at the downtown motel.

    Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of “Every Landlord’s Legal Guide” and “Every Tenant’s Legal Guide.” She can be reached at janet@inman.com.

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    What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

    Copyright 2007 Janet Portman

    In Tuscany, a Converted Convent

    Thursday, November 15th, 2007

    ORBICCIANO, Italy

    To Michelangelo, sculpture was said to represent the slow liberation of a form or shape from a piece of stone. Sonja Muller, 50, describes a similar experience working on her centuries-old farmhouse in the rural hills of Orbicciano, near Lucca, in Tuscany, which took nearly 10 years.

    For Ms. Muller, chief executive and founder of Muller & Associates, an executive search firm, the point was not to create a work of art, or even just a vacation home, but an oasis. A recently completed expansion also provided the inspiration for a new business project: a global network of private sanctuaries for short-term rentals.

    A naturalized American citizen who grew up in Zimbabwe and lived in South Africa as a young adult, Ms. Muller moved to Los Angeles in 1990 with her 6-year-old daughter, $2,000 in borrowed money, and an idea about how to make it in America. Seventeen years later, she employs 15 people in her firm; lives in New York City and London; and travels frequently.

    In seeking a haven for her 40th birthday in 1997, Ms. Muller says, she was inspired by “Enchanted April,” a 1992 movie based on the Elizabeth von Arnim novel in which four Englishwomen rent an Italian villa that changes their lives. She ended up renting a villa near Lucca for seven weeks.

    Ms. Muller’s landlords knew of a primitive two-story farmhouse and former convent for sale with 150 square meters (about 1,600 square feet) of living space. The property included 500 olive trees, some fruit trees and a vineyard and was situated on a promontory with panoramic views of forested hills, green terraces and stone churches dating to the 12th century. “There is this incredible peace here,” Ms. Muller said. “It feels like God’s hand is on this place.”

    She bought the property for $350,000 in 1998, when the dollar was about 40 percent stronger in Italy than it is today. But before closing the deal, she asked Karla Rothstein and Joel Towers, architects with SR+T Architects in New York, to take a look. Ms. Muller had worked with the firm to renovate her offices in Rockefeller Center and her home in Brooklyn Heights. With the exception of some preliminary work supervised by Italian architects, the firm converted the rustic stone structure, which had stalls and hay storage but no flush toilet, into a seven-bedroom three-bath villa, with a home theater, a wine cellar, two outdoor showers, a pool and an elaborate outdoor living area that Ms. Muller calls “the pergola.”

    “I think of our decade of incremental work there as part surgery and part alchemy,” Ms. Rothstein, the architect, said. “Villa San Giorgio offers a very unique experiential cocktail.” The pergola and the pool were the most recent additions.

    The pergola is an open structure of wooden lattice with a fully equipped kitchen and bar, a grill, a lounging area and a large picnic table. The bar is three meters (almost 10 feet) of glass-laminated white onyx that can be lit from the rear to glow at night. Speakers for the built-in sound system are tucked into corners and hidden along the pool and down into a manicured terrace of olive trees.

    Ms. Muller said she wanted the outdoor living area to be inspired by her visits to Bali, St. Tropez and South Beach. “I love a little craziness,” she said. “I was looking for something where, if we want to party, it is going to rock.”

    The pool is asymmetrical and perched on a ridge overlooking the valley. It has different depths that represent an inversion of the surrounding terraces of olive groves. “I nearly stopped construction on the pool because I thought, how can you have two shallow ends?” said Ms. Muller. “But children are really comfortable playing there, and the harmony is perfect.”

    The renovations began in the late 1990s with what Ms. Rothstein called “careful editing” and “stealthy” enhancements like a vertical slice in a kitchen wall to let more light inside; making the attic habitable; and installing new plumbing, wiring, heating, telephones and broadband service. “The house was a mess inside,” Ms. Muller said. “I wanted it to be possible for everyone to take a shower at once. It was important to me that the house be very functional.”

    Now, the front entrance is flanked by the kitchen and the living room. While the kitchen is large, with exposed black wood beams and red terra-cotta floors, the living room is small because Ms. Muller did not want to alter a grotto-like brick wine cellar on the other side of the wall. Instead, she makes organic wine in the cellar, and has created other entertaining areas, like the pergola and an outdoor dining area extending from the front of the house.

    On the far side of the cellar wall, Ms. Muller recently built a guest suite with blond wood floors and an ensuite bathroom with a shower that looks out into a small garden. “I don’t believe in curtains,” she said. “When I was in Morocco, I saw how you can have a garden right outside that protects your privacy but doesn’t leave you feeling restricted in any way.”

    The second floor has three guest rooms that share a bathroom; the master suite has an ensuite bathroom and a private terrace. Bathing and washing areas are tiled in finger-sized slices of white limestone whose rough texture resonates with the rural setting. The wall behind the bathtub in the master bathroom has original terra-cotta tiling, arranged in an openwork pattern that once kept hay aerated and dry, but now lets in natural light. “This is a work of art to me,” said Ms. Muller.

    As the building evolved, so did the garden and the farm. “My family have been farmers for 500 years,” explained Ms. Muller. The English garden is the handiwork of her 78-year-old mother, Franci Muller, who flies up from South Africa every summer, and her father, Alex Muller, who cultivates the fruit trees.

    Ms. Muller relies particularly heavily on Antonella Gemignani, a Tuscan who has worked for her for more than a decade overseeing the daily administration of the estate. During construction, Ms. Gemignani found and supervised the builders, blacksmith and gardeners; later she hired cooks and other domestic help.

    “I’ve probably poured too much money into this place,” said Ms. Muller, who spends roughly five weeks a year at the property and estimates that she has invested about a million euros (almost $1.5 million) in improvements. “It took everything I had to build this place – every cent of my savings,” she said. “It was done with a lot of pain and soul searching.”

    And the result? Ms. Muller says the property has an uncanny way of liberating people. One guest began skinny-dipping in the pool at 6 a.m. one day, and the pergola’s picnic table has been an impromptu stage more than once. “I have a photo of myself and the C.E.O. of one of the biggest banks in the U.S. dancing on that table,” Ms. Muller said.

    By EMILY BACKUS for the New York Times

    Back to Basics

    Thursday, November 15th, 2007

    The New York Times 

    A FEW years ago, developers created amenities to make their buildings stand out from the pack. Buyers returned the favor, rushing to the newest building with the latest gimmick and snapping up apartments as fast as they became available.

    Many of those people are now living in buildings with pet spas, basketball courts, screening rooms and the occasional climbing wall.

    But now developers are waving white flags, trading in outré amenities for well-executed must-haves and quality construction. “Absolutely, it’s back to basics,” said Harry Dubin, director of sales and marketing at the Athena Group, a developer based in Manhattan whose recent projects include the A Condominiums in Jersey City.

    Buyers, too, are becoming increasingly wary, developers and marketers say. Manhattan condominiums now cost, on average, $1,178 a square foot, according to a recent report by the Miller Samuel appraisal company for Prudential Douglas Elliman, and many buyers are hesitant to spend a lot of money on extras. And with one eye on the resale market, they don’t want expenses that drive up monthly common charges.

    So instead of trying to tempt buyers with a long list of luxurious amenities, developers are trying to provide only those that buyers see as essential. The new standard calls for a gym, a party room and outdoor space like a common roof deck, if possible.

    Kelly Wines, 28, has a dog, a fitness regimen and a busy schedule. And yet, when she went shopping for a condo, she wasn’t looking for a pet spa or a fancy gym with treatment rooms.

    “I don’t need a dog run,” said Ms. Wines, whose toy poodle is named Chloe. “When I walk her, I walk her wherever I’m going. And I don’t think it’s that hard to get my dog to the groomer. There are so many services in New York that cater to pets, I didn’t need one in the building.”

    Top priorities for Ms. Wines were outdoor space and a chef’s kitchen, because she likes to cook. She found what she was looking for at 100 West 18th Street, a building with 43 apartments developed by the Brauser Group. The one-bedroom apartment she is buying has the private balcony and the high-end kitchen appliances she wanted.

    The building, still under construction, will also have a common room, a refrigerated room for grocery deliveries and a gym, which Ms. Wines has decided is “nice to have,” even though she is already a regular at a Pilates studio.

    Ms. Wines says she is paying “under $1 million” for her apartment, and the common charge will be around $1,000 a month. Even so, she believes that she’s getting a bargain.

    “For condos, its tough to get a decent-priced common charge when you have so few units,” she said. But because the building’s features were just what she wanted, “I’m not paying for something I’m not going to use,” she said.

    Some amenities have a life span all their own. In the 1980s, buildings with swimming pools were all the rage, and they made a comeback in the most recent boom. But there is a downside. “When you put a pool in, everyone says it’s great,” said Allen Goldman, president of SJP Residential Properties. “Then, after it’s in, they say, ‘My God, why are the condo charges so big?’ A pool is incredibly expensive to maintain. Then they say, ‘No one is ever there.’ And you know what? No one ever is.”

    SJP is putting the finishing touches on 45 Park Avenue, a 105-unit condo at 37th Street with a concierge, terrace, gym and lounge. It does not have a pool.

    Even Louise Sunshine, once the grande dame of extravagant amenities, senses a scaling back. Ms. Sunshine, who began her career working for Donald Trump in the 1970s, founded her own marketing company in 1985. It merged with the Corcoran Group two years ago, and she is now director of development for the Alexico Group.

    “We started out with a few amenities,” she said, “then we kept adding as time went on.”

    Over the last 10 years, Ms. Sunshine said, the trend was “one-off amenities, things that made people feel better about living in their buildings, made their buildings more exciting.” As examples, she cited pet-washing salons, elaborate family activity centers and bowling alleys.

    Then the shift toward simplification began a few years ago, Ms. Sunshine said, when “name” architects started to design new condominiums. “Those stars began to create a world of their own, a value of their own, a lifestyle for these buildings of their own,” she said. “You don’t need a badminton court when you have great architecture, great design, great views, great quality and the basic requisites.”

    Of course, for Ms. Sunshine, basic is relative. At the Laurel, a condominium being developed by Alexico on the Upper East Side, prices average $1,800 a square foot, with amenities that include a triathlon training center (with two pools), a screening room and a game room.

    “As a developer, I think it’s much more preferable to do a few things and to do them well,” Ms. Sunshine said. “There’s a point at which amenities don’t have much of a return – they don’t make all that much sense.”

    As developers take a second look at the bottom line, they are considering not just amenities but also escalating construction costs and the lack of buildable land in Manhattan.

    Veronica Hackett, the managing partner in the Clarett Group, says that the math on pricing is evolving.

    Consider a 1,400-square-foot apartment priced at $1.68 million. “If I’m going to take 50 square feet out of that apartment and put it into a gym, a pet spa or whatever, that leaves me with 1,350 square feet,” she said. “I still need the same $1.68 million for that unit, or I’ll never achieve my 25 percent profit margin.

    “As a developer, I’m going to ask myself: What are the things that are most attractive to my buyer at that price range, in that location?”

    The Clarett Group is currently developing the Sky House, a luxury building with 139 apartments at 11 East 29th Street. It features a concierge, a gym and a children’s playroom. Marketing for the building focuses on its skyline views.

    “When it comes down to it, people are going to look at a total package,” Ms. Hackett said. “Do they want a pet spa, or do they want a great kitchen and the right windows? Things come and go, but quality and classic never go out of fashion.”

    David Wine, the vice chairman of the Related Group, said that the “less is more” trend could be attributed, at least in part, to construction costs. “Costs are through the roof,” he said. “If a developer is going to plan something, they’re really going to think twice in terms of cost. A developer today has to make every square foot as productive, economically, as possible.”

    Then, there is the dwindling availability of large lots throughout Manhattan, leading some developers to focus on smaller projects that can be built and sold in far less time than a behemoth.

    “I don’t want to be the guy with 250 condo units to sell in this market,” said Scott Aaron, director of development at the Brauser Group. “You don’t want to be out there selling for two, three years. You like to be able to sell out within the time frame that you’re constructing the building.”

    There are, of course, exceptions. At the highest reaches of the market, hotel-style living is still the rule, and residents expect swimming pools, spa services, high-end room service and hefty monthly charges to match.

    At buildings in up-and-coming areas – Harlem, say, or Long Island City, Queens – amenities can still serve as a lure, and buyers may rely on in-building services if they are in short supply in the surrounding neighborhood.

    But these are the exceptions, developers say, and the paring down of costs is even extending to the suburbs.

    Last fall, Marianna Greenberg and her husband, Marlon, looked at new condominiums in Jersey City. “I wasn’t interested in the humongous buildings with the swimming pool, tennis courts, all those things,” said Ms. Greenberg, 38, who operates Besu Salon and Day Spa in the Gramercy Park area. “Who would really, in real life, come home and play tennis every day? Even if you live in the building, you end up paying for it. It’s in your maintenance.”

    Though they looked at developments like the Shore Club Condominiums and Trump Plaza Jersey City, the couple settled on the A Condominiums, the Athena Group’s development, which has 250 apartments, each with outdoor space, as well as a gym, a party room, a common terrace and a parking garage.

    The Greenbergs’ two-bedroom cost $705,000, and the relatively low monthly common charge of $780 sealed the deal.

    “The building is beautiful, clean and convenient, and it has all the amenities I’d like to use,” Ms. Greenberg said. “That’s more than enough for me.”

    By LISA KEYS

    Developers dish a little buzz

    Thursday, November 15th, 2007

    First real estate roundup draws large attendance

    Friday, November 9, 2007

    Steamboat Springs – There were enough news nuggets Thursday night at the Real Estate Expo and Roundup to keep a packed house at the Steamboat Grand Resort Hotel Ballroom paying close attention to a panel of six leading developers.

    First things first.

    “I’m not tearing down the Yacht Club, if that’s what you were worried about,” Jim Cook announced. Cook is the founder of Colorado Group Realty, whose broker owners sponsored the expo. He’s also a member of the team tackling three downtown redevelopment projects. And he brought news of a fourth to Thursday’s event.

    Cook said he and the owners of the real estate that houses the Steamboat Yacht Club restaurant, Dick and Paulette Mills, would develop a new mixed-use building along the Yampa River.

    The two-story building would be built on the lawn adjacent to the restaurant in the 800 block of Yampa Street.

    Joining Cook on the speakers’ dais were Jeff Temple of Due West Land and Marabou ranch preservation subdivision; Brent Pearson, a vice president with Resort Ventures West, developers of Wildhorse Meadows; Gerry Engle, a founding partner with The Atira Group, developing The Edgemont and working on the redevelopment of Ski Time Square and Thunderhead Lodge; Timbers Resorts CEO David Burden, developing One Steamboat Place adjacent to the Steamboat Gondola; and Doug Beall, the new vice president of development with Steamboat Ski & Resort Corp.

    Beall said Ski Corp. has recently retained an integrated planner to help guide future development on trails, lifts and lodges on the ski mountain.

    “We need to ask, ‘How can we plan to make sure the mountain and the base continue to work well together?’” Beall said.

    Asked by moderator Adonna Allen, president of Alpine Bank in Steamboat, whether it’s inevitable that Steamboat will become Aspen, Pearson endorsed the Vision 2030 project.

    “The important point for people living here is to define exactly what Steamboat is to them and to continue to communicate that. They can ask development entities to abide by those qualities.”

    Vision 2030, he said, is an opportunity to do just that.

    Temple, whose family has lived in the valley for generations, said community institutions such as the Steamboat Springs Winter Sports Club and family ranching embody the spirit of the community.

    “I’m biased because I have a 7- and a 10-year-old, and our best baby sitter in the world is Howelsen Hill,” Temple said.

    He announced that Paul Franklin, the developer of The Olympian project at Fifth and Yampa streets, has joined Marabou in committing to initiating a transfer fee (amount to be determined) at their developments, with the proceeds going toward the endowment for the Winter Sports Club.

    “It will create a continuum of support for the community and the kids,” Temple said.

    Cook reminded the audience he has established a similar transfer fee at his developments in memory of his late wife. The proceeds will be devoted to furthering arts and culture in the downtown.

    “We’re at the embryo stage, but the good news is everybody can be a part of this,” he said

    Other remarks by developers:

    ■ Engle said the need for affordable housing will not go away, but solutions should be a “mosaic of solutions” done through public/private partnerships. He said one solution undertaken in the Vail Valley was meant to provide middle- income housing for firemen, teachers and nurses (for example), and allow the deed restricted housing to appreciate. The answer was to create a subdivision where buyers who exceeded income thresholds were required to pay a premium into a land bank to help create offsetting affordable housing elsewhere.

    ■ Burden promised One Steamboat Place would be­­come a vital destination for vacationers and locals. He said the Timbers Club in Snowmass has an 84 percent occupancy rate, but he’s taking steps to ensure One Steamboat Place is livelier, with a public restaurant, already named The Truffle Pig (a name he purchased from Wildhorse Marketplace developer Whitney Ward). The development also will offer a destination spa.

    ■ Pearson said Wildhorse would break ground on 96 attainable housing units next summer and the project has been named “First Tracks.” He added that shortly after Thanksgiving, prospective buyers of deed-restricted housing would be able to submit their names and information.

    “People have a chance to get in the queue for affordable housing right at the base of the mountain,” he said.

    ■ Cook announced that Ski Corp. will become a major tenant of Howelsen Place with a “concierge ski program,” where lift tickets and logo apparel will be sold. He added that longtime Steamboat retailer Joe Kboudi will move All that Jazz into the Alpenglow.

    ■ Cook also said that the development team for Riverwalk is close to signing with an architect to design a high-end hotel for the east end of that project on Yampa Street. Talks are under way with three or four operators, he added.

    Article written by Tom Ross and found at http://www.steamboathomefinder.com/

    VISION 2030

    Thursday, November 15th, 2007

    Steamboat Springs – The Vision 2030 process provides a valuable opportunity for community members to discuss their hopes for the future of the Yampa Valley. Strong public involvement began last week in North Routt, and we hope that trend continues tonight in Olympian Hall at Howelsen Hill.

    Whether you are overjoyed, chagrined or apathetic about the results of Tuesday’s election, Vision 2030 provides an example that the ballot box is not the only place to make your voice heard and effect change in the community.

    Routt County is experiencing unprecedented growth that will have widespread impacts for years to come. How to manage and define those impacts has been the subject of local debate for years – well before the Steamboat skyline became dotted with cranes. In 1994, a citizen-driven initiative known as Vision 2020 hosted community discussions about topics including education, transportation, economics, city planning and government. The discussions created recommendations that, through seemingly intangible ideas, yielded very tangible results.

    Vision 2020 directly led to the creation of First Impressions of Routt County, which supports early childhood education; the Purchase of Development Rights program, which helps landowners use conservation easements to protect against future development; the Routt County Open Lands Plan, which furthers open space needs addressed in Vision 2020 discussions; and Yampa Valley Recycles.

    In addition, the Community Agriculture Alliance, Yampa Valley Partners and Yampa Valley Land Trust all have at least partial origins in the Vision 2020 process.

    Finally, city staffer Linda Kakela has publicly stated the importance of including Vision 2020 guidelines and goals in grant applications for community needs – and her statement came not while reviewing Vision 2020, but while requesting city support for Vision 2030.

    The Vision 2030 group is seeking to freshen the goals and desires identified in 1994. The timeline is long – the group plans to spend 2008 exploring how to formalize and implement recommendations gleaned from community meetings. A Vision 2030 report is planned for March 2009.

    But the lengthy process provides as much opportunity for public input as citizens are willing to give. Tonight’s meeting begins at 6 p.m., as does Thursday night’s meeting at Christian Heritage School. Community meetings in Hayden and Oak Creek are Monday and Tuesday, respectively. Food and child care are available at each meeting.

    Whether you woke up this morning with a smile on your face or shaking your head in worry about what the future might hold, Vision 2030 is an example of how you can take action in your community. Elected officials are placed in office to represent the people who elected them. Being an active community member is a great way to help those officials understand the communities and people they serve. We support Vision 2030 and its desire to place a megaphone before the voices of residents.

    More information can be found online at www.vision2030routt.org

    Article found on www.steamboatpilot.com

    Wainscoting improves home’s Colonial look

    Wednesday, November 14th, 2007

    Q: Thank you for your article on exterior trim. Where in San Francisco can I buy the decorative plantons you describe?

    A: Plantons? Sounds like some kind of tropical fruit. There is no such thing as plantons, but we have referred to “plant-ons” when describing built-up interior and exterior wood trim molding.

    We’re sure you’re aware that there are many milled trim styles available in lumberyards and in the wood section of big-box home stores. But often the selection doesn’t have exactly the right profile for a finicky homeowner. Sometimes even the widest casement molding is too narrow for the use a homeowner has in mind. Such is the case for Kevin, who is adding some details to his Idaho home.

    We’ve described Kevin’s house before — large rooms with 9-foot ceilings throughout give the home a more spacious feel than the 2,500 square feet it actually is. Big rooms need oversize casement and baseboard trim.

    Originally Kevin went for the no-case, no-base look, choosing instead to wrap the corners of the windows and doors with Sheetrock and rounded corners. After 10 years he’s tired of the look.

    To enhance the detail of his Colonial-style house, Kevin is installing wainscoting in the dining room and family room, and casing on the windows and doors in the public area of the house.

    Being ever frugal, he’s cut the 5 1/2-inch flat stock for the vertical and horizontal pieces of the wainscoting and casing from sheets of 3/4-inch medium-density fiber board (MDF). It sands smooth, paints great and costs about $15 per sheet. It also allows him to be creative.

    Inside the frames of the wainscoting he’s “planted on” pieces of standard quarter round to soften the look a bit. On the top horizontal piece of the wainscoting Kevin’s installed an MDF cap that he’s routed to form an ogee pattern. A small piece of quarter round under the cap finishes it off and gives a more interesting profile.

    For the windows and doors, Kevin started with square 5 1/2-inch MDF for the casing and added a piece of 1 1/2-inch brick molding on the sides surrounding the opening. The difference in thickness between the square stock and the brick molding gives depth and a more interesting look. The brick molding is 1 inch thick at its narrowest side and 13/8 inch at its thickest. So with a little imagination, a router and a table saw, he’s been able to achieve a Colonial look by adding several different types of stock moldings. As to where to get “plant-ons” — anywhere stock moldings are sold.

    Q: We bought a post-and-beam cabin in a remote area, and we’re in the process of insulating the raw 3-inch-thick original walls with sleepers and foam insulation. We want the finish wall to be Sheetrock but have been told that the expansion and contraction of heating and cooling because of sporadic weekend visits would eventually cause the drywall to crumble.

    We wanted a white wall that could break up the pine floors and ceiling and brighten the room, and not add to the already busy appearance of planks. Is this true about drywall, or are there types we can choose from?

    A: We notice that your e-mail comes from Wisconsin. Although we imagine it can get mighty cold up there, we’ve never heard of drywall disintegrating because of extremes of heat and cold. Of course, Bill lives in San Francisco and Kevin lives in Idaho. Neither place is subject to extreme cold. Just to make sure, we would check with the United States Gypsum Co., which makes Sheetrock, to see if this is true.

    On the Web, go to www.sheetrock.com. There you’ll find a list of U.S. Gypsum products and links to contact them and ask the question.

    If you’re not sold on drywall, how about using half sheets of MDF? As we noted above, it paints great and you could cover the seams with battens of 1/2-inch-by-1 1/2-inch pieces of square stock.

    ***

    What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

    Copyright 2007 Bill and Kevin Burnett

    Finally a reverse mortgage for younger boomers

    Wednesday, November 14th, 2007

    Sixty-two, 61, 60 — The age requirements for one reverse mortgage product just got “younger.”

    Melville, N.Y.-based Lender Lead Solutions recently introduced Simple60, a new reverse mortgage product available to homeowners aged 60 and older. Reverse mortgages offered to date require that borrowers be at least 62 years old.

    “For every 100 people I talk with about reverse mortgages, I lose 20 to 30 of them because one spouse is younger than 62 or they don’t want to pay the higher closing costs attached to the entire value of the home,” said David Peskin, Lender Lead Solutions’ chief executive officer. “We do not anticipate the Simple60 to be a substitute for the HECM. Rather, we look at it as an add-on for borrowers fitting in a specific niche.

    “Census statistics tell us that the oldest of the baby boomers turned 60 last year, and more than 4.5 million seniors currently fall between the ages of 60 and 62,” Peskin said. “We feel this is the perfect time to introduce the Simple60 product.”

    HECMs, or home equity conversion mortgages, are mortgages insured by the U.S. Department of Housing and Urban Development and account for nearly 85 percent of the reverse market. Closing costs on HECMs usually are computed on the home’s value, not on the amount borrowed. The HECM program has insured more than 240,000 reverse mortgages since 1990, while private “jumbo” reverse plans also have been available.

    The Simple60 is geared to consumers who want to pull out $50,000-$75,000, typically for a specific purpose and a shorter period of time. While loan amounts vary depending on age and home value, a 60-year-old borrower with a home valued at $250,000 owned free and clear could qualify for $62,500 under the Simple60 program. Closing costs would be approximately $4,513, about one-third of the HECM closing costs. The interest rate on the Simple60 program is the 30-day LIBOR rate, plus 4 percentage points. Earlier this week that combined rate was 8.7 percent, similar to some home equity loans.

    Reverse mortgages allow senior homeowners to receive proceeds from a lender — either in a lump sum, regular monthly payments, a line of credit or in a combination of those options. The loan amount plus the accrued interest is due when the house is sold, or the last remaining borrower dies or moves out of the home. The borrower can’t owe more than the value of the home and can prepay the loan at any time.

    Wells Fargo Home Mortgage, the nation’s leading retail originator of reverse mortgages, announced it also has trimmed the margin it charges on the HECM adjustable by 50 basis points. Seniors who have already applied for a reverse mortgage with Wells Fargo will be offered the lower margin.

    Reverse mortgages have been provocative and their history has a lot to do with it. Providential Home Income Plan Inc., a venture capital-funded company whose sole purpose was to originate and service reverse mortgage loans, offered a fixed-rate reverse mortgage in the early 1990s. While the company was one of the first to begin offering a program to enable seniors to tap the equity in their homes, some of the loans contained the controversial “equity share” component, giving the lender a significant portion of the appreciation in the home. Often, that portion was 50 percent of a rapidly appreciating home, leaving some homeowners or inheritors in debt when the senior died or moved out of the home. The “equity share” component no longer is included in reverse mortgages and is a key reason for the popularity of today’s products.

    In 1996, Transamerica HomeFirst purchased the reverse mortgage servicing assets of Providential. Three years later, Financial Freedom, the Irvine, Calif.-based company specializing in jumbo reverse mortgages, purchased Transamerica HomeFirst.

    To get even more valuable advice from Tom, visit his Second Home Center.

    ***

    What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

    Copyright 2007 Tom Kelly

    Home inspector’s hearing problem a red flag

    Tuesday, November 13th, 2007

    Dear Barry,

    I have performed more than 30 residential home inspections during my first year in business but am concerned that my tone deafness may prevent me from providing adequate inspections for my customers. I’m uncertain about continuing this new career because I’m unable to hear squeaky floors, mechanical noises or the sounds of faulty plumbing, just to give a few examples. What is your advice? –Ben

    Dear Ben,

    This is a very tough question to answer with an absolute yes or no. Hearing is an essential tool in the performance of a home inspection. Although home inspections are strictly defined as visual inspections only, hearing is used a great deal by inspectors. We listen, for example, to furnace ignitions, air flow from heat registers, the chirping of birds in attics, the click of GFIs across rooms and garages, noises emitted by bathroom exhaust fans, garage-door openers, garbage disposals, dishwashers, and more. It’s hard to imagine not hearing those sounds and still managing to perform thorough and comprehensive inspections.

    Regardless of these shortcomings, this is a business decision that you’ll have to make, weighing the benefits of the profession against the risks. If you stay in the game, you should probably include a statement in your contract, disclosing that you have hearing limitations that could compromise the completeness of the inspection. Customers should have the choice of proceeding on the basis of that understanding.

    Dear Barry,

    We’re concerned about ground water seepage through the block walls of our basement. The house is now 50 years old, and the blocks are becoming chalky and crumbly from years of moisture. My husband says the blocks should be sealed from the other side to prevent further deterioration, but that this would be very expensive. Is he right? –Julie

    Dear Julie,

    Your husband is absolutely correct. The block walls should have been waterproofed when the home was originally built. Waterproofing may have been omitted or may simply have been inadequate. Unfortunately, the only way to waterproof the other side of these block walls is to excavate around the entire basement, and this, as your husband has pointed out, could be very costly. If you proceed with this work, have the project evaluated by a geotechnical engineer to determine how ground water drainage might be improved before you refill the excavated areas.

    Dear Barry,

    In the home we just purchased, the subfloor insulation is installed upside-down, with the vapor barrier facing the ground, rather than the floor. Our home inspector says this makes no difference, as long as a vapor barrier is installed. Is this correct? –Irwin

    Dear Irwin,

    Installing the vapor barrier on the down side of the insulation definitely does matter. It is an improper installation for a very significant reason. In homes where the vapor barrier is below the insulation, moisture condensation has occurred between the vapor barrier and the subfloor, resulting in major dryrot, and necessitating costly replacement of framing and subfloor materials. Most experienced inspectors have seen this kind of damage in homes where the vapor barrier was installed incorrectly. Reversing the subfloor insulation is strongly recommended.

    To write to Barry Stone, please visit him on the Web at www.housedetective.com.

    ***

    What’s your opinion? Send your Letter to the Editor to opinion@inman.com.

    Copyright 2007 Barry Stone