which make regular trips to and from Bocilla Marina shore-
port, which is in Bokeelia. Reservations are required to ride
this ferry and there is a $20 per person charge per ride.
Useppa members, homeowners, and their guests are all
permitted to utilize this way of getting to Useppa. Private
boats or a local water taxi are alternate solutions. BUSINESS UPDATE - DID YOU KNOW?
“My family has been enjoying Useppa Island since the
early 80s,” says Rogan White, Director of Membership
for the Useppa Island Club and Sales Manager for
Useppa Property Company, the club’s on-island real
estate brokerage office. “As a ‘water-baby’ growing up
in Southwest Florida, I feel fortunate to have always had
Useppa Island as a destination while on the water.” White
says he has seen an exciting change in the island in just
the last couple of years. “The overall island demographic
has become a bit more youthful,” he says. “There are a
number of young families joining as members and in some
cases, buying property.” According to the Legal Department at Florida Realtors®,
this form has very low usage per the member quarterly
forms usage reports of Form Simplicity. However there are
questions that come from members into the Legal Hotline
and the Forms Committee as to its purpose and requirement
to use it.
Useppa offers four different types of memberships:
Preferred Membership, which gives unlimited access to all
club amenities; Corporate Membership, which provides
businessmen and their associates Club Membership
privileges, including access to exclusive meeting spaces;
Collier Dining Membership, which is a “dining only”
membership for those who own property on Sanibel,
Captiva, North Captiva, Cayo Costa, Gasparilla, Little
Gasparilla, Cabbage Key, and Palm Island; and Resident
membership, which is for those who own property on
Useppa and enables them to receive full access to all the
island’s amenities.
White says that he’s seeing current homes on the island
undergoing major renovations, and property values still
climbing from 2008. And while the residents continue to
benefit from the rising value of their homes, the island has
been undergoing renovations including a major re-frame
& deck of the marina, two new bocce ball courts, and an
increased patio.
“These changes are just some examples of the multitude
of improvements and maintenance performed daily upon
our intricate operating infrastructure,” says White. “We
are constantly looking for the next chance to make the
island better, while still maintaining the ambiance and
atmosphere it’s known for. Useppa is riding a wave of
activity and we hope it lasts for some time.”
Do you use the CDD contract addendum when you write
a contract? Do you know when or why you should use it?
Most Realtors® will be surprised to learn that it is NOT a
required addendum for MOST transactions.
CDD stands for Community Development District, which
finances and manages community developments. Tax-Free
Bonds are issued to the developer to finance the cost of
building the infrastructure of a development, including
roads, utilities, and amenities like pools, clubhouses, tennis
courts, and golf courses. Lee and Collier counties have many
communities with CDDs. How do you know if a community
has a CDD? Open the property tax bill detail on the Lee
Clerk website and the CDD will be clearly labeled.
Current law only requires the CDD disclosure to be given
during the initial sale of the parcel or property – so any
sale that isn’t the initial sale won’t require the disclosure.
Therefore, a majority of times the CDD disclosure language
will be in the builder’s contract and most will never use a
Florida Realtors® contract.
It is a VERY good practice to be sure your buyers are aware
of all items on their tax bill, including CDD, but it is not a
requirement to put it in writing.
Per Florida Statute 190.048, “subsequent to the
establishment of a district under this chapter, each contract
for the initial sale of a parcel of real property and each contract
for the initial sale of a residential unit within the district shall
include” the disclosure (which is what is contained in the
Florida Realtors CDD addendum). Therefore, while there
is nothing illegal about providing the addendum, it isn’t
legally required when an owner of property is not the initial
seller of the parcel/unit. Since a majority of transactions
handled by agents tend to be AFTER that initial sale (where
a builder/developer contract would be used containing this
disclosure), this addendum is not required to be used. The
relevant information regarding CDDs is usually found in the
property tax records, although that could vary per county.
If you have more questions, you can call the Florida
Realtors® Legal Hotline at 407-438-1409.
BY PAULA HELLENBRAND,
ENCORE REALTY SERVICES, INC.
RPCRA.ORG | SEPT/OCT 2017
17