After a series of blog articles on swim/tennis communities in East Cobb County, I started to think about doing another series of articles that would coincide nicely with my previous work. I began to think about what criteria buyers find to be most important when starting their initial home search.

I have found that in my experience as REALTOR, the schools play a major factor on your decision to purchase a home in a certain area. For some people, that is all that matters to them and some may be looking at the future resale value of the home as well. All in all, the prestige that comes along with living in a good school district can weigh very heavily on a home buyer’s decision to purchase a home.

According to facts published by Cobb County School District, the Cobb County School District is the second largest school district in the State of Georgia and expects to educate more than 107,000 students for the 2008-2009 school year. Facts also state Cobb students consistently score above national average on norm-referenced tests, 80% of 2007 seniors took and scored a combined average score of 1534 on the SAT’s, compared to the national average of 1511 and a state average of 1472. Cobb currently has six Magnet Programs- Campbell High School, Kennesaw Mountain High School,North Cobb High School, Pebblebrook High School, South Cobb High School, and Wheeler High School. The 2008 Advanced Placement Certified Schools that encourage participation in advanced course work at the Demostration level are- Harrison High School, Kennesaw Mtn. High School, Lassiter High School, Osborne High School, Pope High School, Sprayberry High School, Walton High School, and Wheeler High School.

I have decided to start my focus on Distinguished schools located in East Cobb County and work my way around to the remainder of Cobb County’s Distinguished Schools. In order to have received the Distinguished School status The school must have made adequate yearly progress for three or more consecutive years.

As a resident of Cobb County and a REALTOR that primarily works in the Cobb County area, if you are considering a move to the Atlanta- metro area, Cobb County is definitely the place to be! With the great schools and great location, what more can you ask for?

Stay tuned for the first school on my list in “A Tour of Cobb County’s Finest Schools”…. Lassiter High School

For more information on Marietta Real Estate, Cobb County Real Estate, East Cobb Real Estate, or East Cobb Swim/Tennis Communities please feel free to contact me!

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1. Confirm all financial and legal terms from lease LOI and properly reflected in the lease document.
   
2. CAM Charges:
   a) Did landlord included capital expenses in CAM.
   b) Are CAM charges capped on an annual basis and is this CAM cap a cumulative one?
   c) Is there an audit right, what are terms for an approved audit firm, under what circumstances is the landlord responsible for tenants fees if there is a CAM overcharge.
   
3. Repairs
   a) Does the lease clearly explain what repairs the landlord or tenant is responsible for especially as applied to HVAC.
   b) Does lease require that the landlord repair the roof only to pass such repair through as a CAM charge.
   
4. Indemnification: Does the lease include a corresponding provision that Landlord indemnify tenant for landlord’s negligence although many landlords will use the higher standard of gross negligence when a tenant requests this provision.
   
5. Personal Guaranty: Does the personal guaranty permit its termination prior to the end of the lease term. Does the personal guaranty cover just the “guarantor” or “guarantor and its assigns”.
   
6. Assignment:
   a) Does the lease require Landlord’s consent in Landlord’s sole discretion (it need not justify its reason for giving or withholding consent) or that it won’t be unreasonably withheld (a justifiable reason must be given for withholding approval).
   b) If lease is assigned does it also permit the termination of the guaranty and if so such termination language must also be in the guaranty.
   
7. Tenant Buildout:
   a) Make sure buildout is paid for by landlord and not a loan to tenant that must be repaid.
   b) If landlord does not timely complete the buildout there should be liquidated damages such as free rent for each day of delay.
   c) If landlord’s failure continues beyond a certain time period the tenant has the right to terminate the lease.
   
8. Use of the Premises: general office versus a medical office. This distinction is important if a tenant wishes to sublease space. Medical office is a far narrower use than general office and therefore, far more restrictive when looking for prospective sublease tenants.
   
9. Option To Renew:
   a) Lease should spell out time period required for notice, (i.e 120 or 90 days prior to lease term ending.
   b) Lease must include some basis for calculating the new rent for the option period, it cannot say fair market rent at the time of the option.
   c) The tenant should be aware that the option period may allow landlord to bring current the CAM charges if they had been capped prior to the renewal term.
   
10. Right to Relocate Tenant: Many leases allow the landlord to relocate tenant under certain circumstances. The lease should be clear that if this happens landlord will pay for the entire move and the new space is substantially the same or higher in quality than the existing space.

If you have questions, please contact Justin.

JUSTIN S. DANIELS
WAGNER JOHNSTON & ROSENTHAL, P.C.
5855 SANDY SPRINGS CIRCLE, SUITE 300
ATLANTA, GEORGIA 30328
PHONE 404-261-0500
EMAIL: JSD@WJRLAW.COM

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Modest consumer spending, a pullback in commercial construction and lower growth in exports has resulted in a lower forecast for 2009.

Inflation remains at the top end of the Fed’s target range, due to higher priced imports, energy and food.

Sub-par economic growth suggests the Fed will keep interest rates on hold through the end of 2008.

Consumer spending is likely to remain weak after the initial stimulus from tax rebates.

Business fixed investment is also expected to be weak, given slower revenue expectations, tighter credit, and reduced profits.

Trade remains a positive in the economy, and is expected to add one-half to one percent growth for the second half of 2008.

The weak dollar and strong growth in several international markets are driving demand.

Short-term interest rates are likely to remain in range, while long-term rates are expected to increase once the turmoil in financial markets subsides.

Read the entire July Report from Wachovia.

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An Act to Amend Property Assessments- House Bill 1269
“Shall the Act be approved which provides a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount equal to the amount by which the current year assessed value of a homestead exceeds the base year assessed value of such homestead?”

What Does it Mean to Homeowners?
The simple purpose of this measure is to protect homeowners, who occupy their home, from increased assessments. If approved by voters, property owners who receive a “homestead” exemption will have such exemption increase dollar for dollar with any increase in assessment. Thereby creating a “floating” homestead exemption.

This floating homestead exemption would only apply to the portion of a homeowners tax bill associated with county or city government. It does not impact the portion of the tax bill associated with the local school system.

The practical effect of this measure is to freeze the assessment portion of the property tax formula for homeowners. Under this plan a homeowners property tax would only go up if the local governing body votes to raise the tax (millage) rate. Again, it is important to note, this does not pertain to the school funding portion of a homeowner’s property tax. It is also limited to homestead properties. Commercial and other non-homestead properties, do not qualify.

I’d love to hear what our readers think on a floating homestead for Cherokee?

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Welcome Home to Highland Pointe

Located in East Cobb off of Sandy Plains Rd. and North Mountain Rd. in Marietta, GA.,  Highland Pointeis a sought after swim/ tennis community that is conventient to I-75/I-575 and Hwy 92!  You will find all the conveniences of home within minutes of the community.  Publix, The Home Depot, Target, Office Depot, movie theatres, restaurants, nail salons, and much much more located right around the corner!

Homes in Highland Pointe range in price from the low $300’s to the high $700’s. If you are interested in living in a very family oriented swim/tennis community, you will not want to miss out on all the amenities that Highland Pointe has to offer! Not only does Highland Pointe have an very active swim/tennis community, it is located in one of the most sought after school districts in Cobb County!  All in all this community is a winner!

Quick facts about Highland Pointe:

Number of Homes Currently on the Market: 17

Homes Currently Listed Priced At: $319,800- $799,800

Number of Homes Sold since July 2007: 8

Annual HOA: $125

Annual Swim/Tennis Fee: Has two Tiers- Visit Highland Pointe

Schools: Davis Elementary, Mabry Middle School, Lassiter High School

Highland Pointe Bylaws and Convenants

Please feel free to contact me if you are interested in buying or selling real estate in Marietta!  Contact me if you want to buy or sell a home in Highland Pointe or in any other East Cobb Swim/ Tennis Community.

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Build another Ark and save two of every living thing along with a few good humans.

He gave Noah the blueprints, saying: You have six months to build the Ark before I will start the unending rain for forty days and forty nights.

Six months later, the Lord looked down and saw Noah weeping in his yard - but no Ark.

Noah! He roared, I’m about to start the rain! Where is the Ark ?

Forgive me, Lord, begged Noah, ‘but things have changed. I needed a building permit. I’ve been arguing with the inspector about the need for a sprinkler system. My neighbors claim that I’ve violated the neighborhood zoning laws by building the Ark in my yard and exceeding the height limitations. We had to go to the Development Appeal Board for a decision.

Then the Department of Transportation demanded a bond be posted for the future costs of moving power lines and other overhead obstructions, to clear the passage for the Ark ’s move to the sea. I told them that the sea would be coming to us, but they would hear nothing of it.

Getting the wood was another problem.. There’s a ban on cutting local trees in order to save the spotted owl. I tried to convince the environmentalists that I needed the wood to save the owls - but no go!
When I started gathering the animals, an animal rights group sued me.
They insisted that I was confining wild animals against their will.
They argued the accommodations were too restrictive, and it was cruel and inhumane to put so many animals in a confined space.

Then the EPA ruled that I couldn’t build the Ark until they’d conducted an environmental impact study on your proposed flood.

I’m still trying to resolve a complaint with the Human Rights Commission on how many minorities I’m supposed to hire for my building crew. Immigration and Naturalization are checking the green-card status of most of the people who want to work. The trades unions say I can’t use my sons. They insist I have to hire only Union workers with Ark-building experience.

To make matters worse, the IRS seized all my assets, claiming I’m trying to leave the country illegally with endangered species.

So, forgive me, Lord, but it would take at least ten years for me to finish this Ark.

Suddenly the skies cleared, the sun began to shine, and a rainbow stretched across the sky.

Noah looked up in wonder and asked, ‘You mean you’re not going to destroy the world?’

‘No,’ said the Lord. ‘The government beat me to it.’

——————————————-

There is just too much truth in this for it not to be funny and sad at the same time.  Thanks to Scott Leonard of The Landon Group for sharing this with me.

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Agent Genius is the first multi-author real estate blog designed by and for real estate agents nation wide. Unlike other real estate blogs that blog at the consumer, we blog beside the consumer. We talk about whats hot in technology, new and inventive real estate business models, the nature of the real estate industry, hot topics that impact consumers and so much more…

Who reads Agent Genius? agents that want a leg up on the real estate profession, technology that impacts the industry, consumers who want an inside look at the profession, and want to know the profession is looking out for them.

agentgenius.com is one of the fastest growing phenomenons on the internet today, growing in scope and popularity with each passing day- why? Because agentgenius.com writes from the heart on real estate issues that matter, we focus on constructive solutions, and because we’re pretty darn funny too- we’re fun for the consumer, the agent, and informative. What more could you ask for?

I look forward to bringing my southern viewpoints to the national audience and hope to shine the light on the pros and cons of our local & national real estate industry.  I encourage you all to sign up to for the rss feed today!

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According to data compiled by city officials, a one-mill rate increase for a homeowner with a $200,000 home is an added $49 in taxes, bringing the total tax bill up to $490. A homeowner with a $100,000 home would pay $23 more in taxes, bringing the tax bill up to $229, documents show.

The current millage rate is 5.880 mills, and the 2008-2009 budget is based on a millage rate of 6.53 mills, which is an increase of .65 of a mill.  The total budget is about $30.2 million, which is a decrease from nearly $33 million last year. The general fund is about $14.7 million, which is an increase from about $14.5 million last year.

After the city’s general fund budget was short about $2 million and the water and sewer fund was short $2 million earlier this year, city officials made cuts and found ways to balance the budget.  One casualty of the cuts was the budget for concerts; there was $100,000 budgeted, and the council cut that amount in half.  The reductions included cutting $103,909 from $189,289 for pension catch-up; $1,276 from $4,276 for a Woodstock Community Center renovation and gazebo; and $65,000 from $373,000 for property & liability insurance savings. Administrative software for $5,000, alarm police software in police record management financing for $19,800 and three servers in police record management for $12,459 were completely cut from the budget.

source: cherokee ledger news

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I hope the citizens of Cherokee County will elect some forward thinking commissioners who will plan for smart growth and not try to manage growth or slow it down. It has been proven that land-use regulations can adversely affect the cost of living and can severely stifle growth. If you are not growing, then you are dying.

I also find it funny to watch local politicians double their pay with one vote. Too bad every Cherokee resident can’t double their pay to cover increased taxes with a single vote.

Here’s the official list of Cherokee political races:

Post 2 County Commission

Jim Hubbard, incumbent

Quentin Thomas

William Grizzle

Post 3 County Commission

Karen Mahurin, incumbent

Joel Calhoun

Board of Education Post 2

Mike Chapman, incumbent

Danny Dukes

Board of Education Post 4

David Farrow

Janet Read, incumbent

Robert H. Strozier

Board of Education Post 7

Wes Frye

Kim Cochran

Clerk of Superior Court

Patty Baker, incumbent

County Sheriff

Roger Garrison, incumbent

Nicole Ebbeskotte

Chief Magistrate

Ben Abney, incumbent

Charles Robertson

James Drane

Surveyor

Michael Martin

Ron Wikle

Probate Court judge

Keith Wood

County Coroner

Earl Darby, incumbent

Tax Commisioner

David Fields, incumbent

District Attorney, Bell Forsyth Circuit

Penny A. Penn, incumbent

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I have received several phone calls from upset clients lately who want to sue a delinquent customer back to the stone age over a $5,0000 or $10,000 account. The problem is that after you have hired an attorney and set aside time and effort on this matter, most people walk away feeling very unhappy with the result as most times they will not recover the full amount plus their attorney’s fees.


A practical approach to this problem is the following:


1) Spend additional time doing due diligence (run a credit check) with new accounts to avoid companies with bad payment histories. You may also consider requiring a full or partial retainer upfront for your products or services.


2) Track your A/R more closely and discuss potential issues with companies that are behind in their payments immediately to possibly structure a payment plan as some payment is better than no payment.


This is also a good time to review your contracts/engagement letters to make sure you have the following:


A) a clause that specifically says that if there is a dispute the winner collects its attorney fees. Please understand this is not a panacea as its in the court’s discretion to award what it thinks are reasonable attorney fees and their view can differ from your view. Also, don’t ever sue someone based solely on your conviction the other side’s behavior demands that attorney fees be awarded. After its over, many times you will find yourself disappointed.


B) When you contract with companies from other states include a provision that says that the parties consent to Georgia courts for jurisdiction for any dispute. This helps you overcome the other party’s objection that you should have filed the suit in their state and not Georgia. If this happens to you, after you untangle this legal mess, your attorney’s fees may exceed the amount of the claim and you have no assurance you will collect those fees in total.


As always your trusted resource for practical legal advice. Have a great weekend.

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