Bernalillo County Property Tax Protest board rules on LLC/refinancing issue at formal hearings

The Apartment Association of NM in the form of Attorney Gene Vance and property tax consultant Todd Clarke, represented apartment portfolio owner, Richard Fox, in the handling of his property tax protest case.

In the case, the property owner held title in a series of related Limited Liability Corporations (LLCs) for estate purposes. He and his wife had refinanced their properties in 2007 and again in 2013. In both cases the lender(s) required the property owner to move the ownership of the property from the LLCs, to his personal name before moving them back to the LLC.

In 2007, this related party transfer did not trigger a removal of the 3% cap on property value increases.

In 2014, the assessors office, based on a legal opinion obtained from the State of NM on a related property tax issues, removed the 3% cap and increased property values.

The formal boards ruling for this landmark case can be found here:
FinalDecision-Order-FoxPortfolio-10202014

The opening narrative for the case is as follows:

Attorney Gene Vance and I are here today not just representing our client, Richard Fox, but also the apartment industry through the Apartment Association of NM who has taken a keen interest the number of their members who have experienced a sharp increase in the property tax from the removal of the 3% Cap. These removals did not occur because the owner of the property sold their property, added on to their property or even rezoned their property. These removals were done solely because the property owner took advantage of historically low interest rates to refinance their property. In a post economic meltdown economy, many of the lenders required these owners to handle these refinances through related entity limited liability corporations or LLCs.

Before we lay out our case, I wanted to share with you a story. When House Bill 366 was approved and passed in 2001 and implemented in 2002, its intent was to protect the elderly widowed single family home owner in Santa Fe who risked losing her property due to a sudden and swift property tax increase caused by out of state, Hollywood moguls, purchasing properties around her.
Now, a dozen years later, our case focuses on a similar individual, our clients, Richard and Linda Fox, who have built up a small nest egg of rental investments over decades of ownership, tending to their residents and keeping their properties in good condition.

As part of their estate planning, to ensure continued uninterrupted management of their properties, and to plan for their future, they created a series of related party LLC’s. The need for this estate planning tool became more obvious when both Richard and Linda suffered from cancer in the last few years. Unfortunately, Linda did not survive, and she passed away earlier this year. Richard, who is in his 70s, and is like the elderly widow this law was created for, has had his protection removed by this assessor’s administration in a manner that is not consistent with previous administrations or other county assessors and in direct conflict with state law and a number of legal precedents.

Today, our evidence will show that Under the New Mexico Limited Liability Company Act, there was no change of ownership from substituting the owner’s name on the deed for that of the company. There was no beneficial interest transferred to a separate entity. Interpreting the law to cover these transactions is contrary to the policy behind the 3 per cent cap.
While we all are aware of the inequities created by the property tax lightning law and various follow-up Band-Aid approaches to fixing these, it is ironic the aged population this law was intended to protect is now being used as a weapon to raise their property taxes.

Course: A to Z of Investment Basics – 4 CE hours

IRRIf you are feeling a bit rusty on measures of investment performance, the Investment Basics course will provide a sound foundation in the basic tools to analyze income producing real estate.

This hands on course includes simple to use spreadsheet tools to help you in analyzing investments using the basic measures of investment performance including:
– GRM
– Cap Rate
– Cash on cash
– IRR
and you will walk away with a sound understanding of the major investment benchmarks and tax benefits of owning real estate.

Both courses are hands on and its strongly encouraged that you bring your excel or numbers based laptop, tablet, smart device, etc.

Example of the financial analysis tool used in this course:

Register for this or any other course at www.canteraconsultants.com/cca2015 .

Additional information about your international award winning instructor can be found at www.toddclarke.com

ULI NM – 2013 Commercial Real Estate Value Survey

The NM Chapter of the Urban Land Institute released its 2013 Commercial Real Estate and Value survey last week at the joint Apartment Association of NM and Urban Land Institute Market forum luncheon.

Previous value and cap rate surveys performed by Cantera Consultants & Advisors Inc. can be found here for 2011 and here for 2010.

ABQJournal-ULI-CAP-Rate-Survey-DTC-08262013Read the full article from the ABQ Journal here

The complete 11 x 17 version of the survey can be found by clicking here.

Course: Confessions of a Commercial Real Estate Consultant – 8 hours of CE training

The course is hands on discovery course that covers how you can offer additional non-transaction services to your clients and shift some of your income from commissions to assignment or hourly fees.

Additional topics include:
– Where does a consultant add value?
– How to negotiate services and pricing
– Discovering hidden value in clients properties
– Common services offered by consultants
– Overview of market feasibility, site/location feasibility, financial feasibility and political/legal feasibility in the development process
– Discussion on running stakeholder meetings and/or focus group sessions
– Information resource for assignments
– How to avoid conflicts of interest
– Skill sets and experience levels required
– S.W.O.T. analysis of your potential to migrate some of your business away from commission based to pre-paid hourly engagements

Register for this or any other course at www.canteraconsultants.com/cca2015 .

Additional information about your international award winning instructor can be found at www.toddclarke.com

Aerotropolis interview now available on video


CCIM has just released the video interview with Greg Lindsay, author of Aerotropolis: The way we will live next from the CCIM Live 2011 conference held in Phoenix last month.

Earlier this year I wrote my review of this fabulous book which can be read here.

Greg’s powerpoint webinar from August 2011 is available at the CCIM website.

Valuation survey for NM Commercial Real estate released.

Cantera Consultants & Advisors has just released its 2011 value survey for NM Commercial Real Estate. The survey reflects the collective wisdom of industry professionals in NM.

Although Cantera uses the survey primarily for the benefit of it’s during property tax protest hearings, the survey has become staple in the commercial real estate market and is widely used and quoted by many of the brokerage, appraisal firms and county assessors in NM.

The most interesting trend reported in this year’s survey is the indication that most of the commercial property types have turned the corner on decreasing values as CAP rates have started to decrease (slightly).

Tomorrow’s edition of the Business Outlook in the Albuquerque Journal will highlight information from the report.

Last year’s survey results can be found here.

The 2011 value survey can be found CCA-Survey-10012011-v10.

Who opposes development?

As always, I am astounded at the amount of information available on the internet. Recent case and point – fellow Twitter, Patrick Fox @pffox send me a link to the New Saint Index , which tracks opposition to real estate projects.

What an amazing resource!

While landfills and casinos continue to be unpopular with neighborhoods, the opposition to WalMart has reached a tipping point where those in favor and against are almost even. (As an interesting aside, one of my favorite authors, Marc Levinson has just released a new book titled “the Great A&P and the Struggle for Small Business in America” which covers the opposition to A&P markets which was the largest retailer in the early 1900’s)

I also appreciate how the index breaks down the demographics of each product type – like supporters for grocery stores (mostly male 21 to 45, who rent and have some college and a lower income) vs. opponents (mostly female 45 to 55, own their home, high income).

Book review: Best read for 2011: Aerotropolis


Aerotropolis, the way we’ll live next
Authors: Greg Lindsay & John D. Kasarda,
Publishing Info: Farrar, Straus and Giroux, Nonfiction, First edition published March 1st, 2011

As an international instructor for the CCIM institute I discovered that the book, Aerotropolis: the way we’ll live next dovetails nicely with what the just-in-time delivery model as a primary driver of demand for industrial space that we teach in the CCIM 102 course, I would highly recommend it to anyone in commercial real estate.

As a rabid book consumer, I will easily digest about 100+ books a year, and without a doubt, Aerotroplis: the way we’ll live next has become not only my favorite book of this year, but one of my all time favorite business books. It is one of those rare books that I thoroughly enjoyed reading that I found myself moderating how much I could read daily so I can push the ending of the book out as long as possible.

My favorite magazine, The Economist recently offered a glowing review of Aereotroplis, stating “In Aerotropolis, John Kasarda of the University of North Carolina and his co-author, Greg Lindsay, convincingly put the airport at the centre of modern urban life.”

The theme of the book is that successful cities of the future will be wrapped around successful airports and those cities that can’t adapt may be passed by. Its authors state the books hypothesis as an equation related to time “The aerotropolis is a time machine. Time is the ultimately finite commodity setting the exchange rates for all the choices we make.”

Author and reporter, Greg Lindsay, expands and expounds on the John Kasarda’s original idea that airports are the highways of the future. As a former Fast Company and Wired magazine reporter, Mr. Lindsay racks up the frequent flyer miles talking with civic leaders, CEO’s and company logicians as he interviews them on their home turf about the importance of air transit to their communities, companies or supply chains future.

As a fellow traveler, I reminisced about Mr. Lindsay’s travels to well-known airports like Chicago’s O’Hare, Atlanta’s Hartsfield, Amsterdam’s Schiphol, or even Hong Kong’s International, but I was green with envy over his trips to Dubai’s Al Maktoum International Airport or South Korea’s Incheon airport and adjoining master planned Songdo International Business District. One story of Mr. Lindsay tracking his gift of flowers from the Aalsmeer flower auction in Amsterdam to his mother’s front porch will endear Mr. Lindsay to the reader as an extremely diligent reporter and respectful son. Even more surprising than his few thousand mile journey for flowers was his mother’s reaction.

Some of the books concepts in the book are eye opening such as “The world’s urban population is poised to nearly double by 2050, adding another three billion people to places like Chongqing. We will build more cities (and slums) in the next forty years than we did in the first nine thousand years of civilized existence. The United Nations predicts the vast majority will flood cities in Africa and Asia, especially China.”

Or this quote about South Korea “South Korea’s capital is the archetypal twentieth-century megacity, doubling in size every decade or so since 1950 to twenty-four million inhabitants—the second most populous on earth after greater Tokyo.”

Or my favorite quote about a Chinese based manufacturer: “We had barely crossed the border before he opened his laptop and began walking me through the true costs of those shipments. He’d built a widget calculating every conceivable variable: the weight, volume, value, and quantity of the products in question; the lead times for sourcing and building them; time spent in transit; their shelf life; the spread between paying his vendors and being paid himself; the cost of money in the meantime; and the cost of returns. An entire calculus, in other words, underlies the pivotal question of our era: What is the price of speed? The widget’s answer: slow is more expensive. The only thing faster than a FedEx 777 Freighter out of Hong Kong is the velocity of money, and the last thing Casey wants to pay for are the days his parcels are stuck on a boat. Obsolescence sets in the moment they leave the factory. “Revenue evaporation,” he calls it. “Air freight is key,” he muttered while running the numbers. “We like to work with products that can go by air. We build them in Shenzhen, and they’re in New York two days later. Time is often our number one currency, and the dollar is second.” ”

And this quote summarized the breath taking feelings I experienced in my many visits to China for CCIM’s education program: “China is placing the single biggest bet on aviation of any country, ever. Even before the crisis and China’s subsequent stimulus, the central government announced as part of its Eleventh Five-Year Plan that it would build a hundred new airports by 2020, at a cost of $62 billion. The first forty were ready last year. The vast majority lie inland, hugging provincial capitals and secondary cities bigger than any in the States. Full-scale aerotropoli are planned for China’s western hubs, Chongqing and Chengdu, and its ancient capital. Besides airports, China laid as many miles of high-speed railroad track in the last five years as Europe did in the last two decades. The trains, in turn, are meant to keep people off the highways, to which China’s adding thirty thousand miles—enough to eclipse the American interstate highway system. China’s planners have internalized the lessons of America’s Eisenhower-era infrastructure boom, designing a world-class system for moving people and goods quickly, cheaply, and reliably across any distance, whether locally by highway, regionally by rail, or globally by air. The plan is to pick up and move large swaths of the Delta hundreds or even thousands of miles inland. There is nothing to stop them.

And this quote on where the future global cities will be “Finding another five hundred million passengers 7should be easy. China has anywhere between 125 and 150 cities with populations greater than a million. The United States has nine; Europe, thirty-six. When the first phase of China’s airport-building boom is complete, the number of hubs handling thirty million passengers annually—more than Boston’s Logan or Washington’s Dulles—will have risen from three to thirteen, all of which will be the host of aerotropoli. By the time they’re finished in 2020, 82 percent of the population—1.5 billion people—will live within a ninety-minute drive of an airport, nearly twice the number today.”

The book dovetails nicely with some of my other favorite business reads like Marc Levinson’s “The Box: How the Shipping Container Made the World Smaller and the World Economy Bigger” and Sasha Issenberg’s “The Sushi Economy: Globalization and the Making of a Modern Delicacy” both of which deal with just in time delivery and creating new markets.

Additional topics addressed in Aerotroplis include Peak Oil vs. Peak Food, globalization as a tool to pull the poor into the middle class vs. the carbon footprint of globalization via air travel, and the true cost of air travel in both economic and environmental terms.

If you enjoy Aerotroplis as much as I did, you might also read the June edition of Southwest Airline’s Spirit magazine as Mr. Lindsay has recently penned an article titled “Corporate Latter”. In this article he builds on the concepts discussed in Aerotroplis and discusses how technology has allowed us to shift away from being tied to an office, setting up shop at any location (http://www.spiritmag.com/click_this/article/the_corporate_latter/) . One economic development guru and author, Mark Lautman, is pushing this idea as the next evolution of cutting edge business recruitment – to scale down the benefits big corporations receive so communities can chase the highly mobile, quality of life comes first businessperson/consultant who eventually expands their business and hires staff. According to “When the Boomers Bail: A Community Economic Survival Guide”, this segment of our economic businesses is one of the fastest growing.

Not only would I highly recommend you read Aerotroplis, I would encourage you to purchase copies to share with your family, friends and clients as the conversations started from the concepts in the book are engaging, enlightening and very relevant to anyone with commercial real estate.

Todd Clarke CCIM

Aerotropolis can be purchased at: http://www.amazon.com/Aerotropolis-Way-Well-Live-Next/dp/0374100195/ref=sr_1_1?ie=UTF8&qid=1306590616&sr=8-1

RFP De Anza motel – Albuquerque

The city of Albuquerque is looking for development teams to redevelop the historic De Anza Hotel. A full copy of the RFP can be found by clicking here and a copy of the market study we did for the City can be found here.

Of the many consulting assignments I’ve had the pleasure to work on, this was one that I probably learned the most. Our stakeholder sessions included some of the original employees who worked at the hotel in its hey day and remember the pink cadillac the owner used to pickup VIPS as well as the numerous political announcements made there.

Something very unique to the hotel is the priceless artwork embedded in the main common area space. The original developer, CG Wallace, hired native american’s to depict an medicine ceremony with life size Shalako dancers. To the best of historian’s knowledge, this artwork is the only piece like this that can be found off of a reservation.

priceless art in the De Anza

my first iPhone app help client’s calculate their property taxes

Very excited – as of 5 minutes ago, our iPhone app to help client’s calculate their property taxes for commercial properties in Bernalillo County went “live” in the iTunes store! It is only 99 cents, and if you provide us feedback to improve version 2 and leave feedback, I’ll gladly send you a buck!

If you own a commercial property in Bernalillo County and you would like to compare your property’s value against the resolved cases from 2010, click here – http://itunes.apple.com/us/app/taxessor/id419811562?mt=8 to try it out.

The App is only $.99 and if you leave us a review and email me feedback at tclarke@nmapartment.com so we can improve version 2, I’ll gladly refund you a buck.

Thanks to Mark and Jamii at SWCP for making this happen.

Support for the app can be found here – http://www.taxessor.com .

Are you an owner occupant in a Bernalillo County apartment building?

If so – you might be able to get your 2010 property taxes reduced (for free).

According to the Bernalillo County Assessor, Karen Montoya, if you owner occupy an apartment (you will need proof in the form of a drivers license or utility bill), you can call the assessor’s office at 222-3700 to seek a reduction in your 2010 property tax bill.

The assessor’s office will “correct this error through an administrative change”.

NM Commercial Real Estate Value Survey

Cantera Consultants & Advisors has just released the results from our latest valuation survey.  This survey was performed over the summer of 2010 with real estate owners, investors, lenders, brokers and appraisers.

The attached document demonstrates the changes in CAP rates and values from 2005 to 2010.

Click here for the survey results and a related newspaper article CCA-Survey-07092010-v8plusJournalArticle

Course: Understanding NM’s Property Tax System

Did you know at one time in NM’s history, your political affiliation impacted the amount of your property tax bill? Are you confused by Tax Lightening? Uncertain as to what surprises next year’s property tax bill will hold? Do you want to understand why it is “fair” for two similar properties to have different assessed values? Confused by the media news and the latest legislation? Need the straight scoop on the property tax law? Then plan to attend this course!

Learn how:
– To build a credible case for protesting your property’s tax value
– To calculate your property tax bill
– What you should provide and what you shouldn’t
– How the assessors in each county approach value
– The basis of the property tax law and how it impacts your tax bill
– How to conduct your negotiations at informal and formal hearings
– Includes a review of the latest legislative laws/updates
– Includes Fifth edition book “Understanding NM’s Property Tax system” a $50 value.
– Book includes case study and mock informal and formal hearings
– You will leave this course with the tools you need to file a protest

This course has been utilized by owners of property to lower their values as well as real estate professionals looking to understand the process and offer additional services to their clients. The course includes the 5th Edition, 360 page book titled “Understanding NM’s Property Tax System”, a $50 value, free of charge (PDF version is free, printed version is $50). This must-have text book includes sample case studies, and cites state statutes that are important to know for any settlement or formal hearing. (if you don’t need the CE and want the textbook – it can be ordered here: www.canteraconsultants.com/books)

Register for this or any other course at www.canteraconsultants.com/cca2015 .

Additional information about your international award winning instructor can be found at www.toddclarke.com

Thanks to CIRE Magazine – an overview of how a commercial Realtor can position themselves in the downturns

One CCIM shares how starting a consulting business can help during an economic downturn

By Todd D. Clarke, CCIM 

After a few years in the business and having completed more than 400 apartment transactions, I became focused on how to get paid for what I knew versus what I could do. Having been through the ups and downs of economic cycles, I didn’t want all of my income generated from a source that had variables I couldn’t control, such as an economic meltdown and fluctuations in interest rates. You can work for years on a client relationship, precisely price a property through analysis, execute the perfect marketing plan, find a buyer, and put a property under contract, only to have the whole deal blow up because of forces outside your control. The commercial real estate industry has experienced this nationally during the 1980 Resolution Trust Corp. days and most recently in the current credit crunch.

continued here…

Quorum (ABQ uptown Phase III)

In a copyrighted story by the Albuqueruque Journal Phase III of the very successful ABQ Uptown project is in the planning stages. Cantera Consultants & Advisors Inc. consulted on Phase II (ABQ Uptown apartments) and Phase III (Quorum).

Monday, May 5, 2008

3rd Phase of ABQ Uptown Includes Hotel, Offices, Shops, Condos and Parking Structures

By Richard Metcalf
Copyright © 2008 Albuquerque Journal; Journal Staff Writer
Quorum, the moniker of Hunt Development Group’s final and arguably most ambitious phase of its ABQ Uptown development, is designed to capture a densely developed and stylishly designed mix of uses.
Included in the $100 million project are a seven-story hotel, offices for both lease and purchase, shops, residential condos and extensive parking structures on the now-vacant 7.5 acres bounded by Louisiana, Indian School and Uptown Loop NE.
“It’s a one-of-a-kind piece of dirt,” said Trent Stafford, a Hunt vice president in charge of the project. “You can do things here you couldn’t pull off anywhere else in this market.”
The name of the third phase— Quorum— follows a “Q” theme established in the opening phase of ABQ Uptown, the lifestyle center with its chic stores and restaurants. The center has a tower with an illuminated Q on top. (Q also serves as a trendy slang abbreviation for Albuquerque.)
The second phase of the project, ABQ Uptown Village, has 198 apartments just west of the lifestyle center on the north side of Indian School.
Still under construction, the apartment project should be ready for tours by potential tenants in late May, said Terri Brown of Southwest Real Estate Advisors Inc.
The first tenants are expected to move in in June, said Brown, whose company will manage the apartment complex.

Almost a half-million square feet
Quorum, at a total of approximately 490,000 square feet on three blocks, would be the most dense use of land outside of Downtown, Stafford said.
Hunt Development’s goal is to begin construction late this year or early 2009. The roughly $100 million project would take about two years to build, Stafford said.
The first major component of the third phase would be a two-level underground parking structure that would take up roughly half of the site. The structure would have about 530 spaces.
The preliminary ground-level layout shows five buildings, a plaza and a park. One of the lifestyle center’s main thoroughfares, Q Street, would be extended south into the Quorum phase.
The highest-profile building would be a seven-story, 152,000-square-foot hotel near Louisiana and Uptown Loop.
A hotel that size would have about 200 rooms. Negotiations are under way with a hospitality company to own and operate it.
Two mixed-use buildings are also proposed:

A two- and three-story building with up to 80,000 square feet of offices. The ground floor of one wing in the L-shaped building would be used for retail.

A five-story building at the corner of Indian School and Uptown Loop would have some retail on the first floor and its own parking. The top three floors would have about 95,000 square feet of residential condos. Condo owners would have access to a rooftop swimming pool above a second-floor parking level.
The final phase would also have two restaurant buildings, both single story, along Louisiana.

Parking assistance
Hunt Development plans to seek approval of a Tax Increment Development District to cover the cost of the parking structures.
A TIDD is an incentive for private development of a designated area that meets a local government’s land-use goals and objectives.
A TIDD works by diverting a portion of the gross receipts and property taxes generated in the designated area from government coffers to a special fund to pay for infrastructure improvements.
Hunt will seek approval of its proposed TIDD from the city, county and state, Stafford said. Details are still being worked out.
City Councilor Sally Mayer, who represents Uptown, said she expected city approval of the TIDD because the Quorum project is urban infill— one of the goals of the TIDD program.
Vacant for just more than 20 years, the property currently generates no tax revenue, “but a lot of dust,” she said.
The southeast corner of Louisiana and Indian School NE was home to Monroe Junior High School from 1952 to 1974.
Albuquerque Public Schools closed the school due to commercial development and traffic congestion in Uptown, but continued to use the building until mid-1987.
The property was sold to a private development company, which tore down the building in 1988 and then defaulted on its purchase.
APS regained ownership of the land and, in early 2002, sold it to Hunt Development.
Hunt plans to submit its proposed development plan to the city Environmental Planning Commission in June.
Mayer said the proposal, with its residential condo component, conforms with the current Uptown Sector Plan.
Adopted in 1995, the sector plan says past ideas for developing the Monroe site included a 400-room hotel and 500,000 square feet of office space.