Discussion in 'FHA/HUD and VA' started by rickhart79, May 27, 2009.
Don, I thought FHA did want the properties to be compliant with local codes?? No?
3–5 Code Enforcement for Existing Properties
Local municipalities design local housing code standards; therefore, enforcement of such housing standards rests with the local authority. HUD does not have the authority or the responsibility for enforcing local housing codes except for mortgages on properties to be insured under Section 221(d)(2)–a program with mortgage limits at $36,000. Loans insured under Section 221(d)(2) of the National Housing Act require code enforcement. The appraiser should contact the lender for further instructions if the mortgage is to be insured under Section 221(d)(2).
No offense, but you went way over the line by requiring a fence to be installed just because someone owned large dogs. Question: Please tell me how the lack of a fence was a health and safety issue to the owners/occupants of the subject property? Answer: it was not a health and safety issue to the owner and occupants of the subject property and no reasonable argument can be made that it was. Thus, instead of following actual FHA protocols, you simply injected your own personal bias into an appraisal report and required something that is simply not required by FHA protocols. This actually might be the most ridiculous appraisal conditions that I have ever heard of.
Rickhart, down here in South Florida, it depends on the age of the dwelling since every property from 2000 till now required either a pool fence around the pool itself OR screaching alarms on every door/window that has access to the pool area. Everything built before 2000 falls on the old codes/ordinances which required a fence around your property to keep out unwelcomed guests. For FHA purposes, you must follows your local zoning ordinances or building codes.. hope that helps !
In ground pool without a fence around it is in violation of the "The law of attractive uses" whereby a child of tender years would be naturally attracted to said in ground pool. I personally believe that as an appraiser doing an FHA appraisal we are required to report safety problems...in my opinion this is a safety problem.
The legal concept that you refer to is called "attractive nuisance" and the laws regarding attractive nuisance vary greatly from state to state. In some states, it very easy to sue if someone is injured because of an attractive nuisance while in other states it is virtually impossible to win such a lawsuit.
I've never seen a sales contract for FHA that said "oh by the way the buyer has small children". Not my job man.
Pool with no fence
Here in NY the law is "law of attractive uses" and is designed to protect small children who have a natural attraction to dangerous things...pools, large construction sites, drainage ditches etc...it is a safety issue to have an inground pool with no fence...no matter if the sales contract says they have small kids or not...common sense dictates a safety issue also.
Common sense?! Every year garage doors close and injure or kill children. Are you going to call for the removal of the garage door? Every year drape cords wrap around children’s necks and injure or kill them. Are you going to call for the removal of drape cords? Every year children insert metal objects into electrical outlets and injure or kill them selves. Are you going to call for the removal of electrical outlets? At some point you have to let people be responsible for their own lives and their own mistakes. You don’t call for safety items because you foresee danger Will Robinson. We don’t rewrite zoning laws or building codes. We’re appraisers, we appraise homes. Get the job done and move on.
Most states have adopted a standard requirment that a pool be protected by a barrier. Walls and fences are one form of barrier. If I was uncertain if a screen enclosure was an adequate barrier or not, I would direct that question to the Code Compliance section of the local Building Department.