Proposal for soundproofing, deed restrictions not in homeowners' best interests

If you own a home anywhere in the Lower Keys up to about Mile Marker 20, you are about to have your home deed-restricted with dire results to its value.

M20, an alliance of community groups and individual citizens, has been created to oppose the imposition of deed restrictions on each of your homes as proposed by County Commissioner [Dixie] Spehar.

There is a move afoot to forever deny homeowners property rights, [a move] that will diminish the value of your home and your ability to buy, sell or mortgage it.

Deed restrictions were first signaled in a letter from Spehar and in a resolution at a County Commission meeting in which she proposed that the Navy should attempt to lessen its jet-noise impact on your homes by installing double-paned windows. Deep in the body of her letter it is revealed that if you accept the windows, your property will be deed-restricted ... by the Monroe County [Property Appraiser's] Office. These restrictions ... are disseminated to all Realtors and are made a permanent record, which [will] have the potential for much mischief, including some of the following:

1) By accepting Spehar's offer, you give up the right forever to object to jet noise or flight patterns over your property. Considering that there are much louder jets even than the F-18s in the pipeline, this means that no matter what the Navy chooses to fly over us, we will be forever powerless to oppose whatever shattering noise the Navy chooses to impose on us.

2) A deed-restricted ... property immediately loses value on the real estate market. Some experts believe that property [restricted] in the Lower Keys could be devalued by as much as 20 percent to 30 percent. In the face of the present depressed market for homes, this would represent a disaster for many homeowners.

3) Mortgage costs for a deed-restricted ... home will be much higher than for a home that is not [restricted]. Mortgage loan terms will be much more difficult, and interest rates much higher, adding tens of thousands of dollars to the eventual cost of any mortgage on your home.

4) If you are trying to sell your home, the potential buyer will find that mortgages are less available and more expensive, which may prevent a potential sale from taking place.

5) If you allow the Navy to "improve" your home, it is likely the IRS will view that as income and raise your federal taxes for the year of the improvement.

6) While a [deed-restricted] home is worth less on the marketplace, the so-called "improvements" could add to the assessed value of your home, thus raising your real estate taxes.

7) Depending on the details of the deed restrictions, it could be possible that you would not be free to make whatever alterations or additions to your home that might violate the new restrictions.

8) Should flood or fire destroy your home, it is likely that your insurance would not cover the rebuilding, because you would be obligated to rebuild according to the very expensive terms of the restricted deed.

9) Because the cost of rebuilding would go up considerably, it is likely that your insurance company would raise the cost of your homeowners policy.

M20 opposes Spehar's attempt to saddle each of us with these onerous possibilities. M20 has concluded from Spehar's own correspondence that her attempt to impose deed restrictions is not in the interest of the homeowners of our county. This process has been encouraged by the Navy, with the public support of Spehar, to allow the Navy to continue its F-18 flights, as well as allowing the Navy to bring a new generation of very loud jets to Key West without the need for an Environmental Impact Statement.

The mission statement of M20 includes the commitment to stopping deed restrictions ... and requires the Navy to follow the established environmental law. M20 is a nonpolitical and nonpartisan umbrella alliance that includes group as well as individual support.

We invite all to join us in this endeavor by contacting us at www.m20alliance.com to signify your support and assistance in fighting this dangerous move to limit our rights to do what we please with our own homes.

Reese Palley is a Geiger Key resident and member of the board of directors of the M20 Alliance.