(The following information is for Miami-Dade County only, and no other part of the State of Florida is effected)
Miami-Dade County passed a Certificate of Use (CU) Ordinance in December 2008. The intension was to inform Buyers of foreclosed property of the real condition not just the standard "As-Is" clause. This ordinance will only cover unincorporated Miami-Dade County, not the surrounding 30 plus municipalities. The expected effective date for enforcement of the ordinance will be April 1, 2009.
At this point the process starts after the Loss Mitigation Department (Bank) takes control of the property. A licensed architect or engineer must inspect and document that the structure is the same as the original plans on file with Miami-Dade Building Department. They will also document the condition of the structure and any repairs needed to bring the structure up to code and in compliance. This document will include an estimate of the cost for all repairs needed.
The report will be reviewed by the Building Department. Once the application and reports have been reviewed and approved they need to take the document to the Clerk's Office so that can be recorded into Public Record. With proof of recording the Building Department should then approve your Request for CU. All the steps above must be completed before the first offer can be accepted by a Realtor.
It is hoped that this ordinance will prevent future problems for potential Buyers that won't do the homework required before the purchase of a new home.
Chuck Mixon, Realtor
Cutler Bay, Florida
Keyes Sunset /Kendall