The Fort Myers Beach Town Council will consider modifying an ordinance to allow island residents who own their home in a trust to obtain owner-builder permits. The town code now prohibits owner-builder permits if the property is owned in a trust.
Many Fort Myers Beach residents are trying to repair or rebuild their homes following Hurricane Ian over 11 months ago. Some homeowners are acting as their own contractor because they are either knowledgeable on how to do the work needed to get back in their homes, or they’d like to save as much money as possible. The town code allows for a homeowner to act as their own contractor, with a few exceptions.
The way the code is written now states that an owner “cannot be a corporation, company or partnership or trust and must personally appear and sign the building permit application.”
On Monday, the council will discuss striking the word “trust” from the ordinance to allow homeowners who own property in a trust to act as their own contractor.
The old town Attorney was a weak moron.. neither the state law (which does not directly address trusts) or the attorney general’s opinion, that he stated was “state law” (and which only addresses corporations), prohibits the owner of a revocable living trust from qualifying for an owner/builder permit. Lee county allows it. Sarasota allows it.. finally.. FMB will get in line with Florida Estate Laws.
This is a no Brainer vote let them fix up there homes already.
This was stupid to begin with! I was told that was a state law by FMB Permit department. In fact I have that email!
So frustrating
As they should. Many homes that are in trust, to the next of kin (usually to sons and daughters) should have been able to obtain builder/owner permits from the very beginning, to clean-up/fix up their own homes. A home “in trust” usually isnt a business, and shouldn’t be treated as such. A very smart decision on behalf of the town.