AMA - Do I Need a Building Permit? - The Real Estate Espresso Podcast

Episode Transcript
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(00:02):
Welcome to the Real Estate Espressal podcast, your morning
shot of what's new in the world of real estate investing.
I'm your host, Victor Minash. Today is another AMA episode
that is Ask Me Anything. But before we get to our
listener question, I'd like to invite you to learn more about
an exciting opportunity located in Bradenton, FL Bradenton is in
the West Coast along the Gulf Coast of Florida, sandwiched
between Sarasota and Saint Petersburg.

(00:23):
This market has an industrial moratorium that's driving one
asset class to new heights and that's specifically light
industrial. This 35 acre property right in
the middle of Bradenton has an existing charter school on
eleven of those acres and then 24 acres that we're developing.
We're hosting A webinar tonight,October the 8th at 7:00 PM
Eastern Time. This opportunity is open to
accredited investors only residing in the US in compliance

(00:45):
with SEC regulations. To learn more, click on the link
in the show notes and we'll see you tonight at 7:00 PM.
If you can't watch the webinar tonight, register anyway and
we'll send you the recording. Today's episode is another AMA
episode. That is ASK me anything.
Now, of course, I love to answeryour questions.
If you have a question you thinkis going to be a broad interest,
send it in. I'll answer it live on the air.

(01:05):
Send your questions to victor@victorjm.com.
That's victor@victorjm.com. Today's question comes from
Irene who writes I Own a portfolio, short term rentals
here in Key High, Maui. Most of these are condos across
the street from the beach. The Home Owner Association has
undertaken replacement work for some of the plumbing
infrastructure, which requires opening up the walls and

(01:26):
replacing pipe. In the process of demolition.
They destroyed the bathroom cabinetry, which quite frankly
was not necessary. As they were nearing completion.
We started to replace the cabinetry and then the security
team from the Home Owners Association notified us we
needed to stop work because we did not have a building permit
for the improvements. Not an expert in construction,
how should I be responding to the home owner Association or a

(01:49):
building inspector if the building inspector shows up?
Well, Irene, this is a great question.
When I researched the requirements for building permit
in Maui, which includes your municipality, the requirements
were pretty common sense and they mirror the requirements
that we see in most jurisdictions around the
country. The homeowner association is
responsible for anything that affects the common elements of

(02:09):
the property, and it's your responsibility to repair and
replace the furnishings and fittings which you own.
It's no surprise that if you're undertaking any work that
involves the construction, alteration, repair, demolition
or building of anything structural, that's definitely
going to require a building permit.
So if you're building a new home, adding a room, moving
walls, especially structural walls, modifying the roof

(02:30):
structure, that will require a permit.
Any new electrical installation,rewiring or panel upgrades, that
will also require permit. If you're installing new
plumbing or altering existing plumbing systems, that requires
a permit. And then of course, if you're
doing, there's a long list of other things, retaining walls,
fences, moving a structure, evensome window and door

(02:51):
replacements if they affect the structural integrity of the
building, could require a permit.
Projects that are most often exempt from the building permit
include minor repairs and cosmetic changes.
That includes painting, papering, installing new
flooring and carpeting, cabinetry and countertop
replacement, as long as the workdoes not involve structural
changes or affect electrical or plumbing systems.

(03:12):
So even if a permit's not required, all of that work still
has to apply with the local building codes and ordinances.
Now they have their usual disclaimer that says contact the
Public Works Department and the Development Services
Administration to confirm the very specific requirements for
your project before you begin any work.
So my take is that you would notget a building permit to screw
in a light bulb. You would also not hire an

(03:33):
electrician to screw in a light bulb.
Under that same line of reasoning, connecting a bathroom
sink consisting of three screwedconnections is not going to
require a permit. A bathroom vanity is the same as
a piece of furniture, and you don't require a building permit
to move a piece of furniture. Now, the bathroom vanity could
be freestanding. It could be anchored to the
wall. But the simple act of anchoring

(03:54):
a piece of furniture to the walldoes not constitute construction
requiring a permit. The work you're proposing to
undertake is to repair damage tofurnishings that are owned by
you. The home owner association was
doing plumbing work which most likely in fact did require
building permit, and unless the home owner association has
closed out their building permit, there is in fact a valid
building permit in place covering the entire scope of

(04:15):
work. Now, if the home owner
association is being obstructive, my recommendation
is that you write a letter to the home owner association
stating these facts just as I have, and that they have no
rights under the home owner association regulations to stop
you from decorating inside your condo.
Moreover, you are simply repairing damage to furnishings
that they the home owner association contractors caused

(04:38):
and perhaps home owner association might be liable to
compensate you for that damage. And that threat alone should be
enough to get the home owner association to back off.
It's very common to get folks that are a little bit
overzealous when it comes to following rules and this sounds
like a great example of that. I want to thank you, Irene, for
a fabulous question and for the listeners at home, Have an
awesome rest of your day. Go make some great things

(04:59):
happen. We'll talk to you again
tomorrow.

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AMA - Do I Need a Building Permit?

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