Spring Special! FREE Floor Plans with the FlōPlan App

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The IRES / FloPlan partnership offers IRES subscribers a discount off the retail price reducing costs from $35 to $12 per scan.

We are excited to present a limited time scan-2-get-1-free offer over the next month! Between March 21st and April 24th, every 2 floor plans you create with the FlōPlan App equals one FREE floor plan.

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We look forward to helping you get started. The first step is setting up your account. Set up is fast and easy – all you need are your existing MLS credentials! Just download the mobile app to get started!

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Regional Government Affairs Update March 16, 2022 🍀

This update includes good news on issues such as rental licensing and metro district disclosures. Those public policy victories didn’t just happen. Hard work was needed by members of the real estate industry and their allies.

As a reminder, ballots for the April municipal elections were mailed this week for statutory towns like Berthoud, Eaton, Erie, Timnath, Wellington, Milliken, Windsor, and Johnstown.

Barbara Koelzer
Regional Government Director

Boulder County
No On Rental Licensing:
On March 8 the City Council ended months of angst for landlords and property managers on March 8 when it decided not to pursue rental licensing. Reviewing the results of a survey done last summer in which 74 percent of resident respondents voiced opposition to the concept was enough to convince the Council that rental licensing was unnecessary.

It was clear from the beginning that landlords, both those with multiple properties and those who rent only one home, did not support the idea. However, the survey also showed many tenants viewed the idea of inspections as a violation of their privacy. Both landlords and tenants expressed concern licensing would increase rental costs for tenants.

Some councilors, like Marcia Martin, initially supported the idea to get more data on how many people rent homes in Longmont. But she changed her mind early in the process. Martin argued that the City’s existing programs for tenant protection work well. Mayor Joan Peck was visibly disappointed. She continued to articulate her belief that tenants were too fearful to speak up in support of licensing. Saying there needed to be equity for tenants Peck argued, “If we are really an inclusive community, we need support for tenants just like landlord alliance.”

After a long discussion, the Council voted unanimously to table rental licensing. A second motion for a Council presentation on “advocacy support” for tenants also passed.

Council Vacancy Will Be Filled in November: The Longmont City Council has decided to leave a vacant seat on Council until the November 8 general election. A special election to fill the seat left vacant by Joan Peck’s election as Mayor last November would cost $390,000. As Mayor Peck noted, none of the Council’s decisions since her election have resulted in tie votes, so leaving the seat vacant a few more months wouldn’t impair public policy decision-making.

Fire Victims Getting a Break on Building Codes:
After a long public hearing, the Louisville City Council reluctantly decided to allow owners of destroyed and damaged homes to build to Louisville’s Energy Code that was in place prior to November 2021. This code is often referred to as the 2018 International Energy Conservation Code. Many affected homeowners had begged for that option. As one homeowner said, “It’s a matter of economics. We want to build to the highest level of energy efficiency, but we can’t afford to do it.”

There was considerable debate about what compliance with the newer 2021 International Energy Conservation Code would cost. The City, using estimates from Group 14 Engineering, estimated it would cost a minimum of $19,867 extra for a 2,200-square-foot home. The City would also negotiate discounts on some relevant products (like heat pumps) to reduce that cost further. However, according to the Home Builders Association of Metro Denver, the 2021 codes would add $77,000 to rebuilding cost.

In the end, the pressure put on the City Council by impacted homeowners, who held rallies that were covered by the media, turned the tide. The issue became politicized by the former Mayor of Boulder and current Colorado Energy Office’ Executive Director, Will Toor, and others, who urged the Council to adhere to 2021 codes in the name of climate protection.

The Council will begin the public hearing process on March 15, with the final public hearing on April 5. Superior’s town council already decided to offer the same grace to affected homeowners in that town. Superior will also provide rebates on building permits and fees for Marshall Fire victims.

Larimer County
Fort Collins
East Mulberry Plan:
City staff gave an update on the East Mulberry Plan, with an annexation decision on the 3-square mile parcel possible by end of the year. However, the future of the annexation appears uncertain. Some councilors want to see a benefit to annexation for the citizens of Fort Collins.

Councilor Julie Pignataro insinuated that perhaps Larimer County wanted to dump the parcel on Fort Collins and said the city shouldn’t annex it if that is the case. Councilor Kelly Ohlson, who has already expressed his opposition to the plan, said, “Why would we want to do this to ourselves?”

The East Mulberry enclave was formed in 2018. The City has an agreement with Larimer County that states an enclave will be pursued when it becomes eligible. East Mulberry became eligible in 2021. East Mulberry is mostly commercial and industrial, with very few homes.

Metro District Disclosure on Hold:
After an executive session on March 8, the Loveland City Council decided not to proceed with an ordinance intended to provide more disclosure for home buyers in metropolitan districts. City Attorney Moses Garcia wrote, “After a review of legal considerations, City Council is postponing consideration of the ordinance in order to determine how effectively the recent state legislation regarding metropolitan districts, the proposed MLS disclosures by the local realtors’ (sic) association, and the potential changes to the Seller’s Property Disclosure form inform potential purchasers of homes within metropolitan districts.”

The draft ordinance would have created liability for home sellers and listing brokers if a signed disclosure form was not provided to buyers. The Loveland-Berthoud Association of REALTORS® had a list of objections to the ordinance, and sought the assistance of Scott Peterson, General Counsel for the Colorado Association of REALTORS®. Peterson gave City staff an overview of the Colorado Contract to Buy and Sell Residential Real Estate to illustrate buyer protections inherent in the contract timeline before the executive session.

IRES added new required listing fields for metro district homes in late January 2022. For more information, see: https://ires-net.com/2022/01/26/metro-district-field-expansion/.

The LBAR Metro District Task Force (Renae Hupp, Michelle Jacobs, Gary Maggi and David Powell) worked tirelessly on this issue for months.

Endorsements in Berthoud Election: The Loveland-Berthoud Association of REALTORS® interviewed the Berthoud trustee candidates and asked them real estate-related questions in early March. After consideration, LBAR supports three candidates for the three available seats: Ryan Berry, Alex Johnson, and Sean Murphy.

Legislative Update:
The legislative session has reached its halfway point, but many key bills of interest to real estate have been introduced slowly with many still on hold. Why? No one knows for sure, but it appears there will be a rush to introduce bills moving forward. The last day of the 2022 session is May 11.

NAR Priorities In $1.5 Trillion Spending Package:
Congress passed a long-awaited bill March 10 to fund the government through the remainder of the fiscal year, sending it to President Joe Biden for his signature. The $1.5 trillion bipartisan package keeps the government running through Sept. 30 and includes money for priorities the National Association of REALTORS® supports, such as housing programs, rural broadband, and surface transportation projects. The bill also reauthorizes the National Flood Insurance Program.

Since last October, the government has relied on a series of short-term funding extensions while Congress worked toward a long-term deal. Some highlights of NAR priorities in the bill include:

  • Flood insurance: Extends the NFIP through Sept. 30 and provides significant funding for communities to respond to and mitigate the impacts of future disasters, with $276 million for flood mapping.
  • Broadband: Includes more than $550 million to expand rural broadband services on top of broadband funding included in the American Rescue Plan and bipartisan infrastructure bill last year.
  • Fair housing: Contains $85 million for fair housing activities, including the Department of Housing and Urban Development’s Fair Housing Initiatives Program, Fair Housing Assistance Program, and National Fair Housing Training Academy.
  • Violence Against Women Act: Reauthorizes this legislation and establishes the Violence Prevention Office at HUD. NAR was part of the original group of housing industry supporters that helped craft the housing provisions of the bill.
  • Transportation: Provides the remaining funding to implement programs and spending in the Bipartisan Infrastructure Framework, which was passed in November.

NAR’s policy team continues to analyze the 2,700-page bill and will offer further insight in the coming days.

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Regional Government Affairs Update March 1, 2022 🌱

The North Weld County Water District’s water tap moratorium and the Town of Severance’s subsequent building permit moratorium have been hot topics in the Northern Colorado real estate community lately. Severance is an epicenter of new home construction in our area. The moratoria brought this vital growth to a stop. For the latest on this issue, and a whole lot more, keep reading.

Barbara Koelzer
Regional Government Director

Boulder County
RTD’s Peak Rail Service Concept:
The Regional Transportation District (RTD) announced a consulting firm has been selected to study the feasibility of extending peak-hour service rail service from Union Station in Denver to Boulder and Longmont. According to the Daily Camera, Longmont Mayor Joan Peck said hiring a consultant is “the right step for RTD to take.”

The study is expected to take about two years to complete. It will provide updated engineering and cost estimates to determine service recommendations for communities, including Broomfield, Louisville, Boulder, and Longmont.

Additional goals include positioning the project for federal funding, planning peak service to allow for future build-out of the Northwest Rail Line, and aligning the RTD with the agency’s goals of partnering with agencies such as the Front Range Passenger Rail Service and the Colorado Department of Transportation. The peak-hour service plan would offer three morning trips from Longmont to Denver and three evening trips from Denver to Longmont.

What Peck did not emphasize is that the full northwest rail service approved as part of the FasTracks initiative in 2004 is still decades away. RTD’s projected completion date for the full build-out is 2050. The Northwest Rail Line has the highest price tag of the unfinished FasTracks projects, and is estimated to cost about $1.5 billion.

Note: Listen to CPR’s Ghost Train podcast for a good analysis and history of the FasTracks project and rail in Colorado. https://www.cpr.org/podcast/ghost-train/

Council Schedules CU South Referendum:
With just a two-minute discussion, the Boulder City Council decided to add the CU South Annexation repeal referendum to the November 8 general election. The decision was made informally and will require the passage of a formal resolution later this year.

The Save South Boulder advocacy group collected enough signatures in November to require a public vote on the annexation approved by Council in September. The Council opted not to make a quick decision on scheduling the question following the defeat of Save South Boulder’s previous referendum Ballot Question 302. That question would’ve required voters to approve the details of the CU South annexation agreement. It failed by a sizeable margin with 57.68 percent of the voters opposed.

While the Council could have opted for a one-question special election, that would cost between $75 and $150,000, according to staff. In the meantime, the founders of Save South Boulder/Save CU South have filed a statement of organization to create a new campaign committee called “Repeal CU South Annexation.”

Water Cash-in-Lieu Price Increasing:
The City Council directed the staff to move forward with an ordinance to increase in Longmont’s water cash-in-lieu (CIL) rate. Developments that do not provide water rights are required to pay cash-in-lieu.

Currently, the City uses a complicated methodology that has been in place since 2014. The new methodology, if formally approved in a future meeting, will be based on the cost of an acre-foot of Windy Gap water, $48,500.

In discussing the ever-increasing cost of water, City Manager Harold Dominguez mentioned the possibility of using the CIL to incentivize or de-incentivize housing, especially for affordable and attainable homes. For example, the City could offer a special lower CIL rate for these projects. Assistant City Manager Dale Rademacher added that the City could discourage larger homes with a larger CIL price. This would be implemented through additional regulations. The CIL is generally paid when the plat is approved.

Note: It is difficult to compare Longmont’s cash-in-lieu price with other local cities because they are not based on the same amount of water. For example, Longmont’s current CIL is $18,528 based on .76 of an acre-foot of a Colorado-Big Thompson unit yield. Loveland’s CIL is $40,150 based on a .9 acre-foot of a Colorado-Big Thompson unit yield and Greeley’s is $36,500 based on .75 acre-foot of a Colorado-Big Thompson unit yield.

Emergency Zoning Ordinance Approved:
The Louisville City Council approved an emergency ordinance requiring only one hearing to address zoning regulations affecting structures damaged or destroyed by the Marshall Fire. The ordinance creates a process to quickly clarify discrepancies for rebuilding Marshall fire homes and issue permits. It includes a sunset provision and is relevant only for properties affected by the Marshall Fire.

The ordinance specifies an expedited rebuild process for 15 affected neighborhoods and/or subdivisions. Planning Director Rob Zuccaro emphasized the ordinance is not to rewrite zoning standards. It is simply intended to allow rebuilt homes to reflect the original character of the neighborhood. The types of issues it will affect include issues such as side yard setbacks, and yard and bulk requirements. Fire victims were supportive of the ordinance, which was unanimously approved.

Larimer County
No on Turion Metro Districts:
Berthoud’s Board of Trustees voted 4 to 3 against approving the service plan for the Turion Metro Districts with Trustees Dower, Soricelli, Hardy, and Mayor Karspeck opposed. Two weeks before that decision, Mead’s Board of Trustees unanimously approved the service plan for the Districts. Both governments needed to approve the plan because the property is located within the boundaries of both Mead and Berthoud.

For some of the trustees, the size of the project was just too big. As Trustee May Soricelli said, “The scale is alarming… Are we ready for the scale and how it will affect the Town of Berthoud?” Turion is envisioned as a 2,000-acre master-planned community with 5,700 homes and 5.3 million square feet of commercial space.

For others, like Mayor Karspeck, any metro district is suspect. Karspeck said he is “not a fan of this development. … I’ve been quoted in the Denver Post about my opposition to them (metro districts).” Surprisingly, Trustee Jeff Hindman voted in favor of the project, saying approval would give Berthoud a measure of control.

The fate of the project is unknown following the vote in Berthoud. Turion is bounded by Interstate 25 to the west, Weld County Road 11 to the east, Weld County Road 38 to the south, and Weld County Road 44 to the north. The maximum aggregate mill levy for Turion will be 70.664 in Mead and would be 73.664 in the Berthoud portion, according to the service plan. Infrastructure paid for by the metro districts includes streets, water, sewer, and recreational amenities such as a rec center. Homes were projected to cost between $250 to $850,000.

Fort Collins
REALTORS® Oppose Rental Licensing:
The Fort Collins Board of Realtors® (FCBR) released a position statement opposing Fort Collins Housing Strategic Plan’s rental licensing component. The City is gathering public input on the topic: https://www.research.net/r/FCRentalSurvey.

Staff proposes a five-year time to implement rental licensing. It would start with a pilot program in year one. If the City Council is pleased with the results of the pilot, the program will move forward. By year five roughly 25 percent of the City’s rental units would be inspected.

The FCBR statement reads as follows:

“The Fort Collins Board of REALTORS® (FCBR) would like to commend the City of Fort Collins for considering revising its current housing occupancy requirements with regards to occupancy limits and household functionality.

“Increasing occupancy limits and amending familial definitions will allow property owners to utilize their homes based upon size and the capacity of the neighborhood. The impact on larger homes would result in more efficient utilization, create more housing opportunities, as well as ease the current rising cost of housing in the city.

“FCBR strongly opposes the City’s current push towards Rental Licensing. Without a comprehensive list of tenant complaints, combined with an analysis of the impact of current regulations on the issues identified, it appears that Rental Licensing is a solution in search of a problem. Not to mention the licensing fees involved with this program would be passed on to renters thus raising the cost of living for those who can least afford it.

“It is FCBR’s recommendation that the City of Fort Collins considers the following alternatives to improving the housing shortage in our community:

  • Ease restrictions for new Accessory Dwelling Units (ADUs).
  • Allow developers to build according to zoning requirements, without adding unnecessary design standards that increase the cost of housing.
  • Offer incentives to developers for higher density in return for building permanently affordable and attainable housing units.
  • Create partnerships with developers, builders, and lenders to assist with the smart development or re-development of appropriate land in the City and GMA.”

More information about the rental licensing proposal is available here: https://www.fcgov.com/housing/rental-housing-strategies.

Weld County
Moratorium Lifted Outside Town Delivery Area:
BizWest reported that the Severance Town Council voted to lift a moratorium on building permits in areas outside the Town’s water service area last week. Severance owns water, but uses the North Weld County Water District (NWCWD) for water treatment and delivery.

Severance residents receive water either from the Town directly or through North Weld. North Weld imposed a tap moratorium September 29 but partially lifted it on February 14, allowing 50 tap permits initially and 10 per month thereafter, through the end of 2022.

The decision means that the Town will allow building permits within its boundaries in areas served directly by North Weld water, including the subdivisions of Belmont Farms, Bridal Hill/Saddler Ridge, Casa Loma, Golden Eagle Acres, Hidden Valley Farm, and Soaring Eagle Ranch.
However, the building-permit moratorium continues within the Town’s water service area. The moratorium will continue through May or until NWCWD grants the “plant investments” needed to deliver the proper volume of water to Severance.

NWCWD imposed its tap moratorium in September, blaming the 1041 regulatory process in Fort Collins and Larimer County related to the District’s NEWT III pipeline, to be built from North Timberline Road in north Fort Collins east into unincorporated Larimer County. BizWest says the District has acknowledged capacity issues for water treatment and delivery, caused by rapid population growth and expansion of dairies within the region.

What is Happening with I-25 Expansion?
It’s been a while since we reported on the North I-25 project. As drivers can see, the work is ongoing from Fort Collins to Berthoud.

While it may seem that the transportation funding issue was fixed with the passage of SB21-260 last year, that is far from the case. For one thing, that bill spread funding between highways and transit. In addition, Governor Polis has called for a delay in the implementation of the gas tax increase that is part of SB-260’s funding formula following an increase in gas prices and the inflation that has plagued the U.S. and Colorado.

While Governor Polis and CDOT have been loud in their praise for the completion of I-25 south of Denver, they have been silent concerning the funding shortfall for I-25 North. We are still missing $600 million for section five from Mead (C0 66) to Berthoud (C0 56). It could be years to finish the project with the State’s current emphasis on greenhouse gas emissions and transit. The only solution that observers can foresee at this point is a public-private partnership (P3) to pay for the last section of the expansion.

Regional Government Affairs Update February 1, 2022 🌝

Elections Never End! You’ll notice some basic candidate information in this update. Why? Statutory towns across Northern Colorado will hold municipal elections on April 5, with ballots being mailed on March 14.

What is a statutory municipality? It is a town that has elected officials known as a board of trustees. The mayor of these towns is elected by popular vote. Statutory towns do not collect their own sales tax.

2022 will also feature county commissioner elections. Candidates can petition on the ballot or undergo the assembly selection for party candidates. The date for the Colorado Primary is June 28; our general election is scheduled for November 8.

It’s time to start your homework so you’re prepared for the 2022 elections.

Barbara Koelzer
Regional Government Director

Boulder County
Four County Commissioner Candidates So Far:
When Matt Jones announced his intent to retire at the end of his current term as Commissioner for District 3, it didn’t take long for candidates to emerge who want to take his place. According to the Daily Camera, four candidates have declared so far, but there’s plenty of time for others to join the fray.

Ashley Stolzmann, currently Mayor of Louisville, said being a Commissioner would help her serve constituents impacted by the Marshall Fire. “The county is the key player in the whole recovery.”

Candidate number two is Elaina Shively of Lafayette. She is the Director of Diversion and Restorative Justice for the Boulder County DA’s office. “As a county commissioner, I could leverage the work I’ve done in being a leader for systems change,” she said.

Andrew O’Connor is the third candidate to announce. He’s run before, albeit unsuccessfully, in previous local elections and at the state level. He is retired but previously worked as a public defender. If elected, O’Connor hopes to work on infrastructure, especially roads and traffic control, within Boulder County.

Lisa Widdekind announced her candidacy on Feb. 7. She served as public health emergency management coordinator for 16 years. “As a former employee who worked with all our departments to be prepared for events like the pandemic, I understand how our local government works and can hit the ground running in the role of commissioner. It’s a lot different than coming in from other career paths,” Widdekind said. She ran for the same seat in 2018.

Eight Candidates for April Election:
Current Trustee Justin Brooks and Kelly Zuniga will vie for the mayor’s seat after incumbent Mayor Jennifer Carroll announced she will not run again. Six candidates will compete for three trustee seats: incumbent Christiaan van Woudenberg, Emily Baer, Jeff Haverkate, Dan Hoback, Ryan Kenward, and Andrew Sawusch.

Electric Home Demonstration Project:
The City Council was briefed on a building demonstration project being done by Longmont Power and Communications in partnership with Habitat for Humanity of the St. Vrain Valley. The project includes 10 new all-electric homes.

The houses will have water heater controllers and home energy monitoring devices to gather data on water heater consumption, ventilation, and air-conditioning equipment. The purpose of the project is to monitor and test for peak electric demand reduction, renewable energy generation alignment, and other benefits of the grid.

Given the push for all-electric homes to combat global warming, this type of project is important. Many local governments (including Longmont) and the State of Colorado, support the goal of eventually eliminating natural gas heating, but is all-electric heating efficient and cost-effective? Data from projects like this one can help answer this question.

Post-Fire Building Code Requirements Become Politicized:
On February 1 the Louisville City Council held its first discussion on building code requirements for the Marshall Fire victims. The staff presented information on the provisions of the International Wildland Urban Interface Code, otherwise known as WUI.

Louisville doesn’t have any of the WUI provisions in its code now, but in the aftermath of the fire, it is possible the staff may recommend considering some sections. Planner Lisa Ritchie said the staff isn’t ready to recommend the adoption of the WUI codes yet, however. “We’re still learning,” she said.

The discussion concerning the energy efficiency code (IECC) generated more passion. In the fall of 2021, Louisville adopted the 2021 version of the IECC, which requires new residential construction to be built to certain energy-efficient standards, including a requirement to build new homes using only electricity (versus natural gas) or at least be wired as electric-ready. In addition, the code includes wiring for electric vehicle charging stations, and solar panels (or the ability to support solar panels), and a net-zero carbon emission standard.

Some victims of the Marshall Fire asked the Council not to require rebuilt homes to comply with that code because of the additional cost. “Everyone is profoundly under-insured. I’ve heard there are some people who aren’t under-insured but I’ve yet to meet one of these unicorns,” said one affected homeowner.

Requiring rebuilt homes to meet the 2021 IECC code would add from $8,360 to $33,795 to the cost. Victims said their home insurance allowance for code updates would not cover that cost. Audrey DuBarros, the director of Commuting Solutions, said being a fire victim changed her perspective dramatically. Suspend the 2021 IECC, she begged. “Streamline the process and come to our rescue.”

Will Toor, the Director of the Colorado Energy Office, urged the council to stick to the 2021 IECC requirements. He argued the City’s consultants were incorrect in their analysis of the costs. He said the State would help and donate money for “sustainable rebuilding.” Elise Jones, the Director of the South West Energy Efficiency Project (SWEEP) testified as well, pressing the City to stay the course as one of the State’s leaders in energy efficiency.

After more than 90 minutes of testimony, Mayor Stolzmann ended the hearing. She said the issue would be discussed again once the staff can research the financial resources needed to cover the costs of incorporating the 2021 International Energy Conservation Code into the rebuilt homes.

Council Waives Demo Permit Fees for Fire Victims: The City Council unanimously approved a resolution to waive demolition permit fees for fire victims. After a short discussion, the original proposal was revised and the time limit for the waiver was extended until September 30. Victims have to apply for the permit by that date. The actual work must begin within 180 days.

Larimer County
Sheriff Running for Commissioner:
Justin Smith, Larimer County’s Sheriff for 12 years, has announced he will challenge incumbent commission John Kefalas for the District One seat this November. Smith told the Coloradoan his 30 years of service to the County have helped him to understand its varied challenges.

Mask Requirement Ends Feb. 12: Larimer County’s Department of Health & Environment will eliminate the COVID-19 mask requirements effective Feb. 12. The County joins most other Front Range counties in ending mask requirements; Broomfield, Denver, Adams, and Araphoe counties have already creased requiring masks indoors. Boulder County is the only county in Northern Colorado that still requires masks in public indoor spaces.

Trustee Candidates:
Six people have announced their candidacy in the Berthoud trustee election, scheduled for April 5. The candidates are Tim Hardy, who is running for a second term, Karl Ayers, Ryan Berry, Alex Johnson, Sean Murphy, and Ellyn Rush.

Three four-year seats are available. Two current trustees will not run again. Jeff Hindman is term-limited, and Mayor Pro Tem Maureen Dower has chosen not to run for a second term.

Trustees Increase Water Cash-in-Lieu Fee: The Board of Trustees approved an ordinance to increase Berthoud’s cash in lieu water dedication fee, an alternative method to satisfy water requirements for new development. Funds collected as cash-in-lieu fees are used by the Town to further develop its water supplies and to develop the infrastructure necessary to treat and deliver those supplies.

The current cash-in-lieu fee is $16,500 per single family equivalent (“SFE”) was adopted by the Board in June 2019. The revised fee is $25,000 per SFE. The rationale for the increase was based on the unit cost of recent water acquisitions by the Town and the estimated costs of new water infrastructure projects.

Fort Collins
Diagnosis – LUC Needs Work:
A diagnostic report prepared by consultants indicates the City’s Land Use Code (LUC) needs changes. As it currently exists, the LUC limits housing capacity and creates uncertainty. It doesn’t prioritize capacity, diversity, or affordability along transit corridors and it doesn’t support compatible infill development. To top it off, the consultants said it is difficult to use.

The majority of the Council present (Susan Gutowsky was absent) supported the consultants’ recommendations and the direction the report recommends. The consultants suggest many updates, including changes to efficiently guide infill and a more equitable process to make it easier for local developers. The current LUC is too “focused on use regulation and process without enough priority and focus on predictable form.”

Kelly Ohlson, who was active in the creation of the existing LUC became irate and lectured his Council colleagues, the staff and City consultants for nearly 25 minutes. He said, “These are the biggest planning changes I’ve seen – ever. I don’t share the enthusiasm for where we are heading.” He added that “Affordable Housing is the great American excuse for bad policy.” He explained he wasn’t elected to represent people who will live in Fort Collins 15 years from now.

Staff said there will be continued public engagement and additional study sessions for the City Council. The hope is to bring back draft LUC revisions in April 2022.

Read the diagnostic report here: https://www.fcgov.com/housing/files/luc-diagnostic_final.pdf?1642016494.

Weld County
Trustees Approve Turion Plan:
Mead’s Board of Trustees unanimously approved an intergovernmental agreement and service plan for the Turion Metropolitan Districts, beginning the development process for 2,000-acre master-planned community with 5,700 homes and 5.3 million square feet of commercial space.

Turion still awaits approval from the Town of Berthoud, because part of the property lies within the Town’s boundaries. Berthoud’s Board of Trustees was scheduled to continue its discussion of the issue at its Feb. 8 meeting but the results of that meeting aren’t yet available.

Turion is bounded by Interstate 25 to the west, Weld County Road 11 to the east, Weld County Road 38 to the south, and Weld County Road 44 to the north. The maximum aggregate mill levy for Turion will be 70.664 in Mead and 73.664 in the Berthoud portion, according to the service plan. Infrastructure paid for by the metro districts includes streets, water, sewer, and recreational amenities such as a rec center. Homes will cost between $250 to $850,000.

FHFA re Condo Requirements:
The Federal Housing Finance Agency (FHFA) responded to NAR’s letter regarding the new condo documentation and reserve requirements. The new requirements are in response to the Surfside disaster last year in Florida, in which a condo collapsed and nearly 100 people were killed. The property was due for renovations and had been under-reserved.

NAR previously requested a delay in implementation and better marketing/information for homeowners association (HOAs) on the requirements. In its response to NAR’s request, the FHFA indicated that it will not delay the implementation, but offered to facilitate a discussion with the government-sponsored enterprises (GSEs) for better marketing of their requirements and info sessions for HOAs.

NAR has heard from members in various states that lenders are asking HOAs to fill out addendums and provide the safety and reserve documentation but the HOAs do not know how to fill out the forms or find the studies. Furthermore, professional management companies will not provide the information.

Architectural and engineering reviews for properties will be expensive and take time, while the actual reserves needed for any improvements will add a financial burden. The safety and financial security reforms are clearly needed, but this hasty implementation could negatively impact the ability to finance condos purchases with a disproportionate impact on under-served communities.

Outshine With InfoSparks

InfoSparks creates dynamic statistics for any location you need including city, zip code, county or map shape. Choose your criteria then quickly create 12 different reports covering a broad range of needs.

The reports included are all encompassing:  New Listings, Actives, Under Contract, Sales, Days on Market…

Months Supply, Median or Average Sales Price, Percentage of Original Price (yes, the actual original price), Dollar Volume and, something we’ve received many requests for: Price per SqFt.

Statistics are meant to be shared and InfoSparks shines here, too.


Once your report is created, click the “Share” button to get the word out.

Then you’ll see these choices. We recommend you always choose the “Live” option so your statistics are refreshed every day from our system. Then, choose how you would like to share your graph:

Illustration of Share Options for InfoSparks
  • Create a PDF file to print or email to your clients.
  • Post the graph link on your social media accounts: Facebook, Twitter, LinkedIn, wherever you have made your presence known.
  • Embed the graph on your website. For this option, we suggest selecting “Live” and “Interactive iFrame,” this will ensure your graph updates each day with fresh information. Customize the size that best fits your site.
  • Download a CSV file to collect the raw data and create a graph of your own in Excel.

Once you’ve selected how you want to share simply click the “Share” button. Download your PDF, copy your social media link and paste it into your favorite site, or send the embed link to your web developer to post it on your website. No matter which option you choose, shine bright with InfoSparks.

Best of all, it’s included in your IRES fees! Find it under the Reports Tab on IRESis. View our intro video below to get started today and give us a call with any questions.

Metro District Field Expansion

New, Required Metro District Fields Added to Listing Entry

In an effort to provide more transparency and value to the Metro District section of IRES MLS listings, four new fields (one of which is required) will appear when “In Metro District?” has “Yes” selected on listing entry beginning the evening of 01/26/2022.

New Fields

Found on Step One for listing entry, the question “In Metro District?” has been required since May 2019. With the change coming this evening, when “Yes” is selected the following four new fields will appear.

Illustration of new Metro District conditional fields: Name, Website, Fee, Fee Frequency. Click to expand image.

“In Metro District?” = “Yes”
(existing required field for listing entry)

  • Name (will be required for listing entry)
  • Website
  • Fee?
  • Fee Frequency? (options to select will be Monthly/Quarterly/Annually)

There will also be an option to enter a second Metro District. The same conditional field requirement and display will apply to “2nd Metro District” fields.

How The Change Impacts Existing Listings

This change will impact existing listings where Metro District is set to “Yes.” When updating information on listings that have previously indicated “Yes” the new “Name” field will be required to save changes.

Additional Resources

The State of Colorado offers the following websites for Metro Districts:

These websites are also referenced inside Help on IRESis.com.

Don’t miss out on the Governmental Affairs study published last year: What is a Metro District? Commissioned by the Fort Collins Board of REALTORS®, Greeley Area REALTOR® Association, Longmont Association of REALTORS® [prior to the merger with Boulder] and Loveland-Berthoud Association of REALTORS®, This first-of-its-kind study explores this question. Listen to the podcast, too!

Regional Government Affairs Update January 25, 2022 ❄

In the aftermath of the horrific Marshall fire, the BOLO REALTORS® put together a fabulous panel discussion on how to assist the fire victims. The panelists also spoke about how real estate agents can help clients prepare for future disasters. To learn more, follow this link: https://youtu.be/yLKm8YPj0WQ.

Have you been wondering what else is going on in Longmont, Berthoud, Fort Collins or Loveland? Here’s a teaser: metro districts and rental licensing are topics for future updates.

Barbara Koelzer
Regional Government Director

Boulder County

Jones Will Not Seek Re-Election: On January 13 Boulder County Commissioner Matt Jones announced he will not seek a second term in 2022. Jones said he will spend this year helping the victims of the Marshall Fire. This means there will be one open seat in November. Claire Levy and Marta Loachamin were elected in November 2020 and have two more years in their terms.

Exemptions to Rental Licensing for Disasters:
The City of Boulder will allow exemptions to its rental licensing requirements to provide housing for victims of the Marshall and Middle Fork fires or recent wind storms. The order exempts new rental properties used to house those impacted by the various disasters from having to obtain a rental license. Owners will need to submit an affidavit of exemption showing the property is being used to house people who have been displaced by the fires or wind as well as a current rental housing inspector’s certification of rental inspection report.

The exemption applies to those who submit an affidavit and inspection report to the City Manager on or before Feb. 28. The rental license exemption issued under the order will continue until March 15, 2025.

The City’s occupancy limits, which generally prevent more than three unrelated people from living together, are not currently being enforced. Boulder is considering other creative ways to house people, including allowing short-term rentals to be rented on a longer-term basis, according to the City Manager.

Council Retreat Yields Priorities: Boulder City Council held its retreat and has come to a consensus on priorities for 2022. Three initiatives obtained unanimous City Council support, including a planning process for the core arterial network (to add protected bike lanes and other bike, pedestrian, and safety improvements), occupancy reform (conducting a comparative analysis, developing a model approach, and soliciting community input with an eye toward an eventual ordinance change), and a day shelter for people experiencing homelessness.

Housing affordability is a top priority for the Council and during the retreat, four priorities were finalized. Those priorities include revising the City’s existing code regarding inclusionary housing to create more middle-income units, and ADU code changes. In addition, the Council prioritized an ordinance to calculate density by floor area ratio (FAR) instead of dwelling units per acre and to launch the middle-income down payment assistance program.

More Reverse Setbacks:
Broomfield will continue its crusade to reduce the impact of the gas and oil industry by legislating the use of reverse setbacks. Last July the Council approved an ordinance to establish a 2,000-foot reverse setback for residential development from oil and gas facilities in pre-production. Then in October, the Council approved an ordinance to establish a 250-foot reverse setback for residential development from plugged and abandoned oil and gas wells.

At a study session on January 18, the City Council gave staff direction to create another reverse setback ordinance for producing and “shut in” oil and gas wells. (Shut-in wells may have been removed from active service in anticipation of workover, temporary abandonment, or plugging and abandonment operations. Generally, shut in wells can be restored by opening valves or by providing an energy source.)

The Council spent much of its time discussing the setback for residential areas changes to the notices provided for new residential lots within 1,320 feet of active wells. The Council agreed on reconsidering and expanding the notification process for new residential lots within 1,320 feet. This will require a larger notice area of 2,000 feet, as well as a disclosure form from the seller and consent from the buyer.

The staff will begin working on a new ordinance to bring forward to the council at a future date.

Larimer County
Commissioners Adopt Revised 1041 Regulations:
A process that began in March 2021 came to an end on January 24 when the Board of County Commissioners approved revisions to the County’s 1041 regulations. 1041 regulations are guided by state statutory authority. Local jurisdictions may designate certain “Areas of State Interest” (i.e., mineral resource areas; natural hazard areas; historic, natural, or archaeological resources of statewide importance; and areas around key facilities) as activities to be regulated to protect the public.

Larimer County added highways and interchanges to its list of activities and made some modifications to existing activities such as water and electric transmission lines, water reservoirs, and solar energy power plants. The addition of highways and interchanges is necessary, according to the regulations, because they can affect existing neighborhoods, disrupt wildlife and impact scenic and cultural resources.

The public hearing on January 24 was basically a formality with the Commissioners offering minor suggestions and tweaks. Public comment was only offered by a few individuals. A representative of the ELCO Water District said last-minute changes included in an addendum didn’t give the district any review time. Gary Wockner, head of Save the Poudre, praised the County for its work.

The revisions go into effect February 15, the same date the County’s 1041 moratorium ends. It’s difficult not to feel skeptical about the regulations which appear to be aimed at the NISP/Glade Reservoir project but will also impact new development across Northern Colorado.

Make Your Voice Heard on Climate Smart: Larimer County’s climate initiative is entering a new engagement phase with the goal of “understanding how the community wants to address climate change.” Ultimately, the strategies selected can affect you, your family, and/or your business and clients. The real estate perspective needs to be heard!

The workshops will be online (via Zoom), take place over four days (February 8-9 and 15-16) at three different time slots each day (4:30, 5:30, and 6:30 pm). Register Here.

Six Candidates for Board of Trustees:
Six candidates returned petitions to run for the April 5 municipal election in Berthoud. Three seats are available. The candidates include incumbent Tim Hardy and Karl Ayers, Ryan Berry, Alex Johnson, Sean Murphy, and Ellyn Rush. Trustee Maureen Dowker chose not to run for another term and Jeff Hindman is term-limited. Ballots for the April election be mailed beginning March 14.

Fort Collins
Council Postpones Decision on Occupancy Exemptions for Disasters:
After a short discussion, the City Council voted to postpone indefinitely a resolution that would have exempted homeowners from Fort Collins U+2 occupancy regulations to house victims of the Marshall Fire.

After criticism from a few members of the public who argued the exemption was a ploy to weaken U+2, the Council agreed that a permit-based program would be better. This would allow the City to know who was being housed and still avoid U+2 violations. Councilor Susan Gutowsky argued a safety inspection was necessary to “keep people safe.”

The Council will consider this approach at its February 15 meeting. Staff will also work on a long-term permit program as part of the Land Use Code update that could be helpful for future disasters.

Weld County
Hatch Running for Commissioner:
Elijah Hatch, who currently serves on the Weld County Council, announced he is running to replace term-limited Steve Moreno on the Board of County Commissioners.

Hatch has also served on the County’s Planning Commission. He says he is the owner of several businesses spanning many industries. Learn more about Hatch here:

Non-Potable Water Ordinance Approved:
On January 18 the Greeley City Council unanimously passed an ordinance that will make the use of non-potable water mandatory for new development in specific circumstances. In return, the City will charge the developer lower plant investment fees (PIF) for potable water.

The ordinance will apply to developments with two acres of irrigated common area or house-to-house non-potable water if the lot size is 13,000 SF or greater. A similar policy is already in effect in Windsor, Evans, Brighton and the ELCO, and North Weld Water Districts.

Council Authorizes Eminent Domain for Terry Ranch: The City Council approved an ordinance authorizing Greeley to use eminent domain if needed for the Terry Ranch project. The project will require 31 miles of pipeline from Terry Ranch to the City’s existing water transmission line.

Sean Chambers, Greeley’s Water and Sewer Director, stressed the intent to use eminent domain only as a last resort. The Project will require the acquisition of tracts of fee simple land, permanent easements, and temporary construction easements from properties along the pipeline alignment. Complicating the project is the fact that 71 property owners will be impacted.

The majority of the Terry Ranch design process is anticipated to be complete by next year. The full project may not be complete until 2040.

Ripple Effects of Larimer 1041 Moratorium:
According to BizWest, a moratorium on new water-tap sales imposed by the North Weld County Water District (NWCWD) negatively impacted the issuance of new building permits in the fast-growing Town of Severance. Development and home-building projects have been left without completion dates and the Town’s budget has been reduced by $2 million as a result.

NWCWD last fall issued a moratorium on new taps, blaming uncertainty over potential project delays for a new pipeline stretching through parts of Fort Collins and Larimer County because of moratoria put in place by Fort Collins and Larimer County to enable those governments to draft new 1041 regulations (for more, see “Commissioners Adopt Revised 1041 Regulations” above). In turn, without water tap certainty, Severance enacted a moratorium on building permits. The water district’s moratorium also resulted in an “effective moratorium” on building permits in Eaton. Other nearby communities also have been affected.

The effect of Fort Collins’ 1041 ordinance was eradicated after NWCWD representatives requested an exemption for its project and the Fort Collins City Council agreed to do so. Unfortunately, the extension of Larimer County’s 1041-related moratorium to Feb. 15 led NWWD to extend its moratorium until May 31.

The water district has announced it is working on solutions to “the distribution and capacity issues that are affecting NWCWD’s ability to serve new customers…” It hopes to have a temporary fix in place over the coming months that will allow the moratorium to be lifted. In the meantime, NWCWD hopes to begin issuing limited tap sales in February, which will ease the moratorium but not end it.

Four Town Broadband Project:
The Towns of Berthoud, Johnstown, Mead, and Milliken are working to create a regional broadband provider to serve all four towns. Because the Towns are close to one another geographically, the Towns’ leaders decided to “aggregate” demand across the nearly 20,000 homes and businesses on the Front Range of Colorado.

In October 2021, officials from all four towns were presented with the findings of the public survey with over 1,700 responses. This survey noted that area residents were limited in choices of broadband providers, that area residents experienced (on average) slower download/upload speeds than the national average, and that residents and businesses alike considered broadband an essential utility.

The towns selected Allo, based in Lincoln Nebraska, after interviewing various providers, including Loveland Pulse. Each municipality is in the process of signing a memo of understanding.

At the same time, Allo will complete a final design at its own expense. Assuming the timeline is met and a formal agreement is signed, construction could begin as early as Summer 2022. Full construction should be complete within 18-24 months.

Matt LeCerf, Johnstown’s City Manager, says he does not think the towns will own the fiber. Berthoud staff agreed, saying in a recent memo, “This option will not impact the Towns financially and is expected to expedite availability to the public.”

Legislative update:
CAR’s Legislative Policy Committee held its first meeting of the 2022 Session on January 21. One of CAR’s lobbyists told the group the legislature’s focus will be on spending federal dollars and excessive state revenue. Colorado’s revenues are in good shape; it appears there will be a TABOR refund in fiscal year 2022-2023. Short-term rentals are getting lots of attention, but few bills have been introduced or scheduled yet.

Water fight on Tap?
Governor Polis says he will “protect and aggressively assert” Colorado’s water rights after Nebraska Gov. Pete Ricketts announced a plan to spend $500 million on a canal and reservoir project that includes claiming access to land in Colorado under a 99-year-old compact between the states, according to the Colorado Sun.

The South Platte River Compact, approved in 1923, is a water-sharing agreement that entitles Nebraska to 120 cubic feet per second from the river during the irrigation season between April 1 and Oct. 15, and 500 cubic feet per second during the non-irrigation season. Under the compact, Nebraska can build, maintain and operate canals within Colorado’s borders that divert water from the South Platte River for use by Nebraska. It also gives Nebraska the power to buy land from Colorado landowners or gain access by invoking eminent domain. Nebraska’s move is likely to trigger lawsuits.

Ricketts and Nebraska Attorney General Doug Peterson announced the water plan after Colorado released a report that identified 282 new water projects within the South Platte River Basin. Ricketts and Peterson warned that those projects could reduce its water flows from the river by as much as 90 percent and threaten Nebraska’s water supplies. Polis countered by saying Ricketts’ comments “seem to reflect a misunderstanding of Colorado’s locally driven water planning process,” and that the projects identified “should not be taken as formally approved projects.”

The project would include a canal in rural Perkins County in southwest Nebraska and storage facilities. Some of the infrastructure would sit on the Colorado side of the border, and might require Nebraska to invoke eminent domain against private landowners.

Longer Listing Period for HUD Homes:
The Department of Housing and Urban Development (HUD) is increasing the listing period for sales of HUD real estate owned (REO) homes from 15 days to 30 days. This extension is being done in accordance with the Biden-Harris Administration’s plan to increase the supply of affordable housing available to first-time and low and moderate-income homebuyers. This longer listing period will begin with properties starting on March 1, 2022.

Details for all HUD REO properties, also known as HUD Homes, can be viewed at the HUD Home Store website.

NAR Supports Thompson: Earlier this month the Senate Banking Committee held a confirmation hearing for Sandra Thompson as the Director of the Federal Housing Finance Agency (FHFA). NAR submitted a letter of support for Ms. Thompson’s confirmation. Ms. Thompson has served as Acting Director of the FHFA since June of 2021 and in her short time has already made a number of important policy steps related to affordability, access to credit, and modifications to the capital framework at Fannie and Freddie.

In the letter, NAR detailed the current state of FHFA and the importance of the regulator as we continue to recover from the Covid pandemic, Ms. Thompson’s actions as Acting Director, and Ms. Thompson’s deep background and qualifications that make her the ideal candidate to lead FHFA.

NAR looks forward to continuing its work with FHFA and Ms. Thompson as the full-time Director at FHFA. For now, her confirmation timeline is a little hazy but NAR is confident that she will eventually receive a Senate vote and be confirmed.

Buyer Agency/Transaction Broker Compensation Added to ColoProperty.com®

NAR MLS Policy Statement 8.8, Display of Listing Broker’s Offer of Compensation Implemented

In compliance with the NAR MLS Policy 8.8, ColoProperty.com® now displays Buyer Agency and Transaction Broker compensation on listing details.

Illustration of compensation fields displayed on ColoProperty.com®

It is important to note that the compensation information displayed on listing details is only applicable to other participants and subscribers of the source MLS.

The policy, which went into effect January 1, 2022,  states

“MLSs must include the listing broker’s offer of compensation for each active listing displayed on its consumer-facing website(s) and in MLS data feeds provided to participants and subscribers and must permit MLS participants or subscribers to share such information though IDX and VOW displays or through any other form or format provided to clients and consumers. The information about the offer of compensation must be accompanied by a disclaimer stating that the offer is made only to participants of the MLS where the listing is filed.”

(New) MLS Policy Statement 8.8, Display of Listing Broker’s Offer of Compensation [Mandatory]

Additional information on the policy can be found

NAR Summary of 2022 MLS Changes

Reprinting from https://www.nar.realtor/about-nar/policies/summary-of-2022-mls-changes

Summary highlights changes in NAR MLS policy adopted in 2021, including changes to the Model MLS Rules and Regulations, and changes to the MLS Policy Statements, both found in the 2022 Handbook on Multiple Listing Policy. Shaded portions of the Handbook highlight all areas that have changed. All changes become effective January 1, 2022, unless indicated otherwise.

For comprehensive background information and additional detail, the Multiple Listing Issues and Policy Committee agenda and minutes can be found here.

Throughout the Summary, underscoring indicates additions and strikeouts indicates deletions. At the end of each policy change, the compliance classification category is noted by the letters:

M Mandatory*
R Recommended
O Optional
I Informational

*Adoption is necessary to ensure compliance with mandatory policies and ensure coverage under the NAR’s insurance policy for associations and MLSs. Local adoption is required by March 1, 2022.

Changes to Model MLS Rules and Regulations

(New) Section 1.16, Property Addresses

At the time of filing a listing, participants and subscribers must include a property address available to other participants and subscribers, and if an address doesn’t exist a parcel identification number can be used. Where an address or parcel identification number are unavailable, the information filed with the MLS must include a legal description of the property sufficient to describe its location. M

(New) Section 4.5, Services Advertised as “Free”

MLS participants and subscribers must not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the participant or subscriber will receive no financial compensation from any source for those services. M

(New) Section 5.4, Display of Listing Broker’s Offer of Compensation

Participants and subscribers who share the listing broker’s offer of compensation for an active listing must display the following disclaimer or something similar.

The listing broker’s offer of compensation is made only to participants of the MLS where the listing is filed. M

Section 18.2.4

Participants may select the listings they choose to display through IDX based only on objective criteria including, but not limited to, factors such as geography or location (“uptown,” “downtown,” etc.), list price, or type of property (e.g., condominiums, cooperatives, single-family detached, multi-family), cooperative compensation offered by listing brokers, or type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service being provided by the listing firm. Selection of listings displayed through IDX must be independently made by each participant. M

Section 18.2.12

All listing displayed pursuant to IDX shall identify the listing firm, and the email or phone number provided by the listing participant in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. M

Section 18.3.1

Listings displayed pursuant to IDX shall contain only those fields of data designated by the MLS. Display of all other fields (as determined by the MLS) is prohibited. Confidential fields intended only for other MLS participants and users (e.g., cooperative compensation offers cooperative compensation offers, showing instructions, and property security information, etc.) may not be displayed. O

Section 18.3.12

Display of expired, and withdrawn, and sold listings ** is prohibited. (Amended 11/15) O

**Note: If “sold” information is publicly accessible, display of “sold” listings may not be prohibited. (Adopted 11/14)

Section 19.12

A participant’s VOW may exclude listings from display based only on objective criteria, including, but not limited to, factors such as geography, list price, or type of property. cooperative compensation offered by listing broker and whether the listing broker is a REALTOR®. M

Section 19.15

A participant’s VOW may not make available for search by or display to Registrants any of the following information: …

f. Sales price if sold information is not publicly accessible in the jurisdiction of the MLS Sold information O

Note: If sold information is publicly accessible in the jurisdiction of the MLS, Subsection 19.15 f must be omitted. (Revised 11/15) M

Section 19.18

A participant shall cause any listing that is displayed on his or her VOW to identify the name of the listing firm, and the listing broker or agent, and the email or phone number provided by the listing participant in a readily visible color, in a reasonably prominent location, and in typeface not smaller than the median typeface used in the display of the listing data. O

Changes to Multiple Listing Policy Statements

MLS Policy Statement 7.3, Statistical Reports

MLSs may, as a matter of local determination, make statistical reports, sold information, and other informational reports derived from the MLS available to REALTORS® who do not participate in the MLS but who are engaged in real estate brokerage, management, appraising, land development, or building. Additional expenses incurred in providing such information to REALTORS® who do not participate in the MLS may be included in the price charged for such information. Any information provided may not be transmitted, retransmitted, or provided in any manner to any individual, office, or firm, except as otherwise authorized in the MLS rules and regulations.

MLSs may, as a matter of local determination, provide statistical reports, sold information, and other informational reports derived from the MLS to government agencies. MLSs may, as a matter of local discretion, require that such agencies (or representatives of such agencies) hold an appropriate form of membership in the MLS or in the association of REALTORS® as a condition of such access.

It is strongly recommended that any irrelevant information such as the names of current or former owners, or information concerning the sales commission or the compensation offered or paid to cooperating brokers be deleted. (Revised 11/04) M

MLS Policy Statement 7.85, Internet Data Exchange (IDX) Policy

… To comply with this requirement MLSs must, if requested by a participant, promptly provide basic downloading of all active listings, sold* listing data starting from January 1, 2012, non-confidential pending sale listing data, and other listings authorized under applicable MLS rules. MLSs may not exclude any listings from the information which can be downloaded or displayed under IDX except those listings for which a seller has affirmatively directed that their listing or their property address not appear on the Internet or other electronic forms of display or distribution.

*Note: If “sold” information is not publicly accessible, sold listings can be removed from the MLSs’ IDX feeds/downloads display of sales price may be prohibited. “Publicly accessible” sold information as used in IDX policy and rules, means data that is available electronically or in hard copy to the public from city, county, state and other government records. MLSs must provide for its participants’ IDX displays publicly accessible sold information maintained by the MLS starting January 1, 2012. (Amended 5/17) M …

Polices Applicable to Participants’ IDX Websites and Displays…

4. Participants may select the IDX listings they choose to display based only on objective criteria including, but not limited to, factors such as geography or location (“uptown”, “downtown”, etc.), list price, or type of property (e.g., condominiums, cooperatives, single family detached, multi-family), cooperative compensation offered by listing brokersor type of listing (e.g., exclusive right-to-sell or exclusive agency), or the level of service provided by the listing firm. Selection of IDX listings to be displayed must be independently made by each participant. M

12. An MLS participant’s IDX display must identify the listing firm, and the email or phone number provided by the listing participant in a reasonably prominent location and in a readily visible color and typeface not smaller than the median used in the display of listing data. M...

Policies Applicable to Multiple Listing Services

MLSs must designate compensation fields as non-confidential and make them available for display via participants’ and subscribers’ IDX and VOW displays.

The following guidelines are recommended but not required to conform to National Association policy. MLSs may:

1. prohibit display of expired, or withdrawn , or sold listings* (Amended 11/15)

*Note: If “sold” information is not publicly accessible, display of “sold” listings may not be prohibited. sales price of completed transactions may be prohibited. O

2. prohibit display of confidential information fields intended for cooperating brokers rather than consumers including compensation offered to other MLS participants, showing instructions, and property security information, etc…

MLS Policy Statement 7.91, Virtual Office Websites (VOW) Policy

II. Policies Applicable to Participants’ VOWs…

5. A participant’s VOW must comply with the following additional requirements…

h. A VOW may exclude listings from display based only on objective criteria, including, but not limited to, factors such as geography, list price, or type of property, cooperative compensation offered by listing broker or whether the listing broker is a REALTOR®O …

III. Policies Applicable to Multiple Listing Services …

2. An MLS shall, if requested by a participant, provide basic downloading of all MLS non- confidential listing data, including, without limitation, address fields, listing types, photographs, and links to virtual tours. Confidential data includes only that which participants are prohibited from providing to customers orally and by all other delivery mechanisms. They include fields containing the information described in Section IV.1. of this policy, provided that sold data (i.e., listing information relating to properties that have sold) shall be deemed confidential and withheld from a download only if the actual sales prices of completed transactions are not accessible from public records, sales prices may be deemed confidential and withheld from display. …

IV. Requirements that MLSs May Impose on the Operation of VOWs and Participants

1. An MLS may impose any, all, or none of the following requirements on VOWs, but may impose them only to the extent that equivalent requirements are imposed on participants’ use of MLS listing data in providing brokerage services via all other delivery mechanisms.

a. A participant’s VOW may not make available for search by or display to Registrants the following data, intended exclusively for other MLS participants and their affiliated licensees:

  1. expired, withdrawn, or pending listings
  2. sales price on sold data if the actual sales price of completed transactions is not accessible from public records. sold data, unless the actual sales price of completed transactions is accessible from public records.
  3. the compensation offered to other MLS participants …

d. Any listing displayed on a VOW shall identify the name of the listing firm, and the email or phone number provided by the listing participant in a reasonably prominent location and in typeface not smaller than the median typeface used in the display of listing data. O

(New) MLS Policy Statement 8.4, Services Advertised as “Free”

MLS participants and subscribers must not represent that their brokerage services to a client or customer are free or available at no cost to their clients, unless the participant or subscriber will receive no financial compensation from any source for those services. M

(New) MLS Policy Statement 8.5, Non-filtering of Listings

MLS participants and subscribers must not, and MLSs must not enable the ability to, filter out or restrict MLS listings that are searchable by and displayed to consumers based on the level of compensation offered to the cooperating broker or the name of a brokerage or agent. M

(New) MLS Policy Statement 8.6, One Data Source

MLSs must offer a participant a single data feed in accordance with a participant’s licensed authorized uses.

At the request of a participant, MLS must provide the single data feed for that participant’s licensed uses to that participant’s designee. The designee may use the single data feed only to facilitate that participant’s licensed uses on behalf of that participant. M

(New) MLS Policy Statement 8.7, Brokerage Back Office Feed

That participants are entitled to use, and MLSs must provide to participants, the BBO Data, for BBO Use subject to the Terms below:

“BBO Data” means all real property listing and roster information in the MLS database, including all listings of all participants, but excludes (i) MLS only fields (those fields only visible to MLS staff and the listing participant), and (ii) fields and content to which MLS does not have a sufficient license for use in the Brokerage Back Office Feed.

“BBO Use” means use of BBO Data by participant and subscribers affiliated with the participant for the following purposes:

  • Brokerage management systems that only expose BBO Data to participant and subscribers affiliated with participant.
  • Customer relationship management (CRM) and transaction management tools that only expose the BBO Data to participant, subscribers affiliated with participant, and their bona fide clients as established under state law.
  • Agent and brokerage productivity and ranking tools and reports that only exposes BBO Data to participant and subscribers affiliated with participant.
  • Marketplace statistical analysis and reports in conformance with NAR MLS Policy Statement 7.80, which allows for certain public distribution.

BBO Use may only be made by participant and subscriber affiliated with participant, except that at the request of a participant, MLS must provide BBO Data to that participant’s designee. The designee may use the BBO Data only to facilitate the BBO Use on behalf of that participant and its affiliated subscribers.

There is no option for participants to opt-out their listings from the Brokerage Back Office Feed Use as defined.

“Terms” mean the following:

  • MLSs may impose reasonable licensing provisions and fees related to participant’s license to use Brokerage Back Office Feed Data. MLSs may require the participant’s designee to sign the same or a separate and different license agreement from what is signed by the participant. Such provisions in a license agreement may include those typical to the MLS’s data licensing practices, such as security requirements, rights to equitable relief, and dispute resolution terms. (The foregoing examples are not a limitation on the types of provisions an MLS may have in a license agreement.)
  • Use of roster information may be limited by the MLS participation agreement and license agreements.
  • Brokerage Back Office Feed Use is subject to other NAR MLS policies and local rules.
  • MLSs in their reasonable discretion may expand the definition of Brokerage Back Office Feed Use in conformance with other NAR MLS policies, such as Policy Statement 7.85, which provides that “Use of listings and listing information by MLSs for purposes other than the defined purposes of MLS requires participants’ consent.” M

(New) MLS Policy Statement 8.8, Display of Listing Broker’s Offer of Compensation

MLSs must include the listing broker’s offer of compensation for each active listing displayed on its consumer-facing website(s) and in MLS data feeds provided to participants and subscribers and must permit MLS participants or subscribers to share such information though IDX and VOW displays or through any other form or format provided to clients and consumers. The information about the offer of compensation must be accompanied by a disclaimer stating that the offer is made only to participants of the MLS where the listing is filed. M

(New) MLS Policy Statement 8.9, Property Addresses

Residential listings filed with the MLS must include a property address where one exists at the time the listing is filed. If a property address is unavailable, then the parcel identification number must be submitted at the time the listing is filed. If no address or parcel identification number is available at the time the listing is filed, the listing must, at a minimum, contain a legal description of the property sufficient to describe the location of the property. This information shall be available to participants and subscribers at the time of filing. M