WE ARE THE WORLD

Hi All,

Video by MJ and a slew of performers.

Here is a list of all of the Performers:

Dan Aykroyd, Harry Belafonte, Lindsey Buckingham, Kim Carnes, Ray Charles,
Bob Dylan, Sheila E., Bob Geldof, Hall and Oates, James Ingram, Jackie Jackson,
LaToya Jackson, Marlon Jackson, Michael Jackson, Randy Jackson, Tito Jackson,
Al Jarreau, Waylon Jennings, Billy Joel, Cyndi Lauper, Huey Lewis and the News,
Kenny Logins, Bette Midler, Willie Nelson, Jeffery Osborne, Steve Perry, The Pointer Sisters, Lionel Richie, Smokey Robinson, Kenny Rogers, Diana Ross, Paul Simon,
Bruce Springsteen, Tina Turner, Dionne Warwick, Stevie Wonder,
Michael Boddicker - Synthesizers, Programming Paulinho da Costa - Percussion,
Louis Johnson - Bass Quincy Jones, - Producer Michael Omartian - Keyboards,
Producer Greg Phillinganes - Keyboards John Robinson - Drums.

REASONABLE ACCOMODATION, PETS, AND FAIR HOUSING; THE WHOLE NINE YARDS

Hi all,
The following case, referenced in this BLOG; is well worth reading.

If you would like to read the Judges order, see:

http://www.websupp.org/data/NDFL/3:07-cv-00097-32-NDFL.pdf

Dave Israel
------------------------------------------------------------------------------------------------------------

FAIR HOUSING - PET ACCOMMODATION RULING

Court Rules in Favor of Association after Board Requests More Information Regarding Need for Service Animal:

Hawn v. Shoreline Towers Phase I Condominium Association, Inc. et. al
Lisa A. Magill, Esq.

Becker & Poliakoff, P.A. Fort Lauderdale, Florida Imagill@becker-poliakoff.com

service pets

U.S. District Court, Northern District of Florida Case No.: 3:07-cv-97-RV/EMT

On March 12, 2009, the United States District Court for the Northern District of Florida ruled in favor of a condominium association in a discrimination claim brought by one of its members.

Background

Shoreline Towers Phase I had a long-standing "no pet" policy. Mr. Hawn knew that at the time he purchased his unit in 2004. However, in 2005, he urged the Board to allow owners to keep pets on the property after he adopted a puppy. The Association took no action in response to that plea.
Over a year later, Mr. Hawn requested permission for a reasonable accommodation due to a disability. Fair Housing laws require community associations to make reasonable accommodations in policies or practices and allow reasonable modifications to the physical property if necessary to afford a disabled person the equal opportunity to use and enjoy the dwelling.

Mr. Hawn claimed he was disabled (within the meaning of the law) and his dog 'Booster' was a trained, certified service animal. He also provided the Board with two letters; one from a psychologist who indicated Mr. Hawn suffered from severe panic attacks and prescribed a service animal to help him cope with his disability.

The other letter was from a chiropractor who said a service animal would assist Mr. Hawn with mobility issues.
Mr. Hawn likewise addressed this issue again with the board at a meeting, describing how important 'Booster' was to him.

The Board requested documentation to support Mr. Hawn's claim. It also asked for the qualifications of the medical providers that supplied the two letters. There was no response.
A few weeks later the Board requested more information specifically about:

1) the nature of the impairments;

2) how the pet was necessary to overcome the impairments; and

3) whether there were other corrective measures that would serve the same or functionally equivalent purpose.

The request for permission to keep the pet was denied pending receipt of further information.

Instead of providing additional information, Mr. Hawn filed a complaint with the Florida Commission on Human Relations (FCHR).

The investigator issued a finding of "Reasonable Cause" to believe a discriminatory act occurred, which prompted Mr. Hawn to file a lawsuit in Federal Court for discrimination in violation of both the Federal and Florida Fair Housing Acts.

Mr. Hawn also sought damages for Intentional or Reckless Infliction of Emotional Distress and Injunctive Relief.

Someone is entitled to damages, injunctive relief, or both, from a housing provider for discrimination if he/she shows:

1. The person is disabled (as defined by the law) & the housing provider knew or should have known of the disability; and

2. An accommodation (or modification) is necessary to afford the disabled person the equal opportunity to use and enjoy the dwelling; and

3. The requested accommodation (or modification) is reasonable; and

4. The housing provider denied or refused to make the requested accommodation.
Court Decision

The Court found that the Board was perfectly well within its right to question the disability claim, especially since Mr. Hawn obtained the dog a year earlier, lobbied to change the rules without any mention of a disability, and failed to provide further information upon request. Once discovery took place, the Association learned that Mr. Hawn only had two appointments each with the psychologist and chiropractor who wrote the initial letters. The Court found that the information initially provided was not sufficient to prove that the Board "knew or should have known" that Mr. Hawn was disabled, and therefore, failed to show that the Board knew the accommodation was reasonably necessary.

The Court stressed the requests for additional information and the temporary nature of denial, concluding that Mr. Hawn could not show the Board wouldn't make an accommodation if he was able to show the accommodation was necessary to ameliorate the effects of the disability.

Community associations should learn important lessons from this favorable case. First, it is important for all community leaders and members of the management team to be aware of the obligations of housing providers pursuant to Federal, state and local fair housing laws. Second, requests for reasonable accommodations or modifications cannot be ignored and must be addressed in a logical way. Finally, it is important to consult with legal counsel as these are highly charged and sensitive issues.

Gary Poliakoff's column PBP 6/28/09

Dealing with a subject very close to our hearts, a worthy read..to be concise,
the "US Fed. District Court, for the Northern District of Florida" recently DENIED
the RIGHT of UNIT OWNER, to KEEP a PET, in a PET FREE builing" for COMPANIONSHIP
only! It also went on to state that "Congress has recognized the right of older
persons, to live in a children free community" and I believe has applied the same
principles to the above. This community was never intended to be "Pet friendly"
( for if so, accomodations would have been instituted )
It is a CONDOMINIUM, where collective decisions are made,not individual ones.
As one who has enjoyed many years' of companionship,devotion and love from both
Dogs & Cats,all in the confines of our private home & property,we would not
subject our neighbours,(who perhaps have allergies/or fear of animals ) to live
with our personal decision.

WEBINAR TO BE BROADCAST ON CHANNEL 63

Hi all,
The Channel 63 Committee will experiment with a new use for our Village Information Channel 63.

With the concurrence of Becker & Poliakoff and Comcast Communications; We will Broadcast the Becker & Poliakoff INTERNET content described below, on channel 63. Those of you with Computers may of course register to watch these Web Centric Seminars on your computer screens; and you may interact with the presenters
.
Those with no computer may view the WEBINAR on your TV, but will not be able to interact with the presenters.

The subject matter may be of interest to all of our Unit Owners, in the event of a Hurricane. So, if you are able, please join us as noted below in the B & P announcement:

Dave Israel

-----------------------------------------------------------------------------------------------------------
Becker & Poliakoff to Host Free Webinars on Hurricane Preparedness & Recovery
Live Presentations Provide Opportunity to Interact With Attorneys of Firm's New Hurricane Preparedness & Claims Recovery Team

Highlighted Links

Becker & Poliakoff, P.A.
Hurricane Webinar registration

FT. LAUDERDALE, FL--(Marketwire - June 1, 2009) - Becker & Poliakoff, P.A., a diversified commercial law firm with more than 120 attorneys in 13 Florida offices, New York City, Nassau, Prague and affiliated international offices, today announced a series of free interactive Hurricane Preparedness & Recovery Webinars for board members, professional managers and residents of condominium and homeowners associations.

The Web-based presentations on "best practices" in hurricane preparation, reconstruction and the insurance claims processes will be conducted by the firm's Hurricane Preparedness & Claims Recovery Team, which can provide legal advice on all of the issues facing communities before, during and after a storm.

Comprised of Community Association law, Construction law and Insurance & Claims Recovery law attorneys, The Hurricane Preparedness & Claims Recovery Team possesses decades of experience representing associations through previous storms.

"The Webinars will expose Community Association residents and managers to our comprehensive integrated approach to natural disaster-related matters," said Ken Direktor, the attorney who heads the firm's Community Association practice. "Participants will be able to interact with our attorneys in real time and download educational materials to guide them through the hurricane season."

Added; Steve Lesser, leader of the Construction Law practice, "For many communities, decisions made after a storm can have more disastrous consequences than the hurricane itself.

The Hurricane Preparedness and Claims Recovery team draws on knowledge and experience across the firm to provide tools that communities need to made smart decisions in all phases of dealing with the effects of a major storm."

The Internet-based series will include the following programs:

-- June 30 - 12 PM Noon - 1:15 PM (EDT) "Don't Let This Happen to You:
Avoiding Pitfalls in Construction Contracts." The program addresses
property damage and reconstruction issues, including contractor selection,
engineer vs. public adjuster selection, contract forms & terms, and lien
laws.

-- July 20 - 3:00 PM - 4:15 PM (EDT) "The Insurance Company is Not Your
Friend - Preparing and Presenting an Insurance Claim for Maximum Recovery"
Covers strategies for proper reporting and preparation of claim, appraiser
selection, mediation & litigation options when insurer rejects claim, and
strategies for reopening a claim for newly discovered damage.

Association property managers, board members and residents interested in participating can pre-register in advance online at www.becker-poliakoff.com/events/seminars.html.

About Becker & Poliakoff P.A.
Becker & Poliakoff is a diverse commercial law firm with more than 120 attorneys in 13 Florida offices, New York City, Nassau, Prague and affiliated international offices. Celebrating its thirty sixth (36th) year of serving clients, the firm has seven primary areas of practice: Real Estate, Construction, Community Association, Customs & International Trade, Commercial Litigation, Corporate, Tax & Securities, and Government Law & Lobbying.

Political Cartoon

Oliver Wiswell and the Nutmegger

I think I have figured something out. I recently finished reading "Oliver Wiswell," by the great American historical novelist Kenneth Roberts (his books are great). "Wiswell" was a wonderful read, giving one an insight into the Revolutionary War times from the point of view of the Loyalists. I would recommend it to anyone.

To mention just a couple of things in the book: (1) To the Loyalists, Samuel Adams and John Hancock were rabble-rousers, unlike George Washington and John Adams, who were more noble in their eyes. And (2) The British General Howe (my namesake and maybe a forebear) was far too slow to follow up on his successes with what should have been decisive victories in the War. This was attributable in part to his laziness and interest in women, but also, it is suggested, perhaps to the fact he was a Whig while King George III was a Tory. The point being that if victory for the British came too easily and quickly, it would assure political ascendancy of the Tories for years.

I let several people know of my enthusiasm for the book, including my seasonal neighbor Herbert Geller, who was an editor and journalist in Connecticut in past years. Herbert sent me a booklet he had published in 1976 on southwestern CT's role in the American Revolution. It too is an interesting read and I am about halfway through it.

What caught my eye was this: In one place, Herb referred to CT as the Nutmeg state. It suddenly came to me—maybe this is how the frequent contributor to this Blog came up with the intriguing name "The Nutmegger": she (I am guessing it is a she) is from CT! Could I be right? Or is she just a big user of nutmeg in her cooking?

Lanny

CENTURY VILLAGE DOCUMENTS - RESEARCH WORKING AID

Hi all,
If you have not noticed, I would like to point out the nascent emergence of a Research Tool for our Villagers.

It is to be found in the Sidebar; simply scroll down to the latest entry and you will observe a simple Step by Step Directory to our Original Condominium Documents.

Needless to say this is a major project and I solicit the aid of anyone who appreciates the value of having this sort of Information, just a few Clicks away.

Any Ideas as to what else this Working should include, and how it may be improved; should be entered in the Comment Stream.

Dave Israel

Politician

MY MIND IS MADE UP; DO NOT CONFUSE ME WITH THE FACTS!

Hi all,

The following comment is from this BLOG:

-----

Anonymous said...

Dave is really doing a good job that many of us would shy away from here in CV. I was at Hastings today and to listen (due to his LOUD voice) a retired college instructor from NYC blabber on about how he always had "a better deal from Comcast in 1983 than the Cable Guy--Solomon Israel (sorry Dave) negotiated for CV..."
Jun 18, 2009 10:29:00 PM

-----

Let's look at some facts:

The chart, at the top of the page, shows the rise in Monthly Basic Cable rates from 1983 to 1998. It may amuse your boasting College Instructor at Hastings to know, that even with Taxes and Fees, our new bulk rate agreement comes in at UNDER the 1998 rate noted in the chart; and our Bulk package includes a Digital Starter Tier which is a service beyond Basic Cable, which is all that is charted above. There are not many things available today at prices that go back over 10 years!

Criticism is fine folks, it goes with the territory; but please get the facts!

-

Dave Israel

A Freedom Tweet

In nine months, we will be able to vote for new (or old) UCO officers. Get to really understand where they stand. Some candidates don't have the ability or education to run for the position they desire. They are presently gathering their groups for support. I suggest, strongly, that you look deeply into every candidate's statements. My experience has been to be careful of those who want to change basic rules, that have been in effect since day one of Century Village. Also, be careful of those who want closed meetings. There should be no secrets between officers and ordinary Century Village residents. We residents are the power, make use of it wisely.

LIFE IS WHAT HAPPENS TO YOU WHILE YOU'RE BUSY MAKING OTHER PLANS

Hi all,
Do you remember this!
Dave Israel

UCO REPORTER JULY 2009

Hi All,
Here is the July 2009 Edition of the UCO Reporter. As always, to view the Reporter full screen; click once on the little grey button at the top of frame to the right.

Dave Israel

7/09 UCO Reporter

COMCAST NEW REMOTE CONTROL

Hi all,
there have been some questions regarding the use of the new Remote Control. Following is an attempt to elucidate the use of the most elementary functions of this control. The goal here is to get you "up and running"
----------
1) Press "All On" red button at top of the Remote, if TV comes on, but Box does not; press the "Power" button also at the top of the Remote.

2) Press red "Guide" button near the middle on the left of the Remote.

3) Navigate the on screen Guide with the white arrow buttons "^ < >" in the middle of the Remote.

4) When you arrive at a channel you like, Press the red "Ok/Select" button, in the middle of the white navigation buttons.

5) If, you want some information about the program, before you press the "Ok/Select" button, press the little white "Info" button directly below the arrow
navigation buttons. To clear the the information screen, press the "Info." button again.

As always, Left Click the image to supersize it.

If you find this little primer useful, so indicate in the Comment stream and I will try some others, like navigating the Video on Demand menu. If you have discovered better ways to do things, also so indicate in the Comment Stream.

Finally, this is something new for many of our Unit Owners, if you have mastered the essentials of the Remote Control; please help your neighbors.

If your Box seems to be "locked up" try pressing the "Cable" button at the top of the Remote.

Thanks,
Dave Israel
Cable Boy

RACHEL AND CHARRIOT

Hi all,
The following was sent along from Dennis in Salisbury B; God bless Rachel and all our Senior Citizens; this is Priceless. thanks Dennis:



Dave Israel

The Bus

What, I am faint of heart. No one has broached the topic of the bus schedule changed as of 15 June ---too bad couldn't wait until everyone could have read it in the Reporter /have a copy. or am I the only one in this vast blog who uses the bus? could be.
Jun 17, 2009 5:25:00 PM

cartoon

UCO AND THE GOLF COURSE - PART TWO

Hi all,
The following appeared, today on the Greenbrier C BB. It is unsigned; as was the previous posting.

Dave Israel
----------------------------------------

UCO and the Golf Course (Part Two)

UCO's ambivalent attitude in regards to taking a pro-resident position concerning the golf course has become incredibly irresponsible and shocking.

Can UCO honestly believe that this issue is not worthy of their active participation? What is UCO waiting for? At the last delegates meeting, why didn't the leadership of UCO bring up the subject and explain how they were going to challenge the Waldman's outrageous attempt to diminish our life style and threaten the future of Century Village? Do they really think, they can sit on the sidelines and do nothing?

It is obvious that the Waldman's plan was to develop the golf course from the first day of ownership. That's what they do.

In terms of importance, the Levy lawsuit pales in comparison, considering how every resident will be impacted by lower property values, increased security concerns, increased traffic, noise, children, pets and a lack of open green spaces.

George Lowenstein and UCO must do what they were elected to do and defend the rights of all West Palm Beach Century Village unit owners, with all the resources at their disposal, before it is to late.

Remember, the future of Century Village is at stake!

New Digital Box Experiences

The rules: I will never order anything that has a charge attached from Comcast.
The service is glitchy this week, some of it may be because of storms, wide Comcast S. Florida maintenance Tues and Wed nights, and work on analog conversion.
Anyhow, I was exploring Channel 1, Video on Demand. I was proceeding thru menus Top Picks > Bikini Body (no laffing) when I got the message “Your Explorer set top is not authorized for use. Call 800-266-2278”.
So, I just spoke with an exceedingly pleasant young lady at local Comcast 800-266-2278, she explained that msg meant my box had lost its connection. She reconnected my box and gave me instructions, she also answered other questions about glitchiness, occasional stickiness waiting for Channel 1 instructions to appear, and the notice saying “already ordered”!! Hey I did not order anything – she said that can show up when a show has a $0 cost eg. Bikini Body.

COMPUTER NEEDED

COMPUTER NEEDED

The CV Fund is in need of a computer on which to store our records and produce the correspondence required to obtain grants and funds from charitable organizations and individuals. Can anyone help? We are looking for a laptop with Windows XP. A laptop is needed, because the computer will need to be operated at different locations.

A used machine would be fine so long as it is a laptop with Windows XP.

Two hundred dollars ($200) has already been donated toward the cost.

Are there any out there who could help? Please call the CV Fund at (561) 640-7606 and ask for Jean Dowling.

Thanks!

Lanny Howe

GOLF COURSE CLOSES

Hi All,

The Golf Course closed today!

More information as it becomes available.

Dave Israel

CABLE CHANGES - I HATE CHANGE!!!

Hi Folks,

If you're like me, this CV cable conversion has been very confusing. I don't know what we would all have done without Dave Israel. Dave, you've been wonderful! I got my free box today, but was very upset to learn that I had lost my HBO. Thanks for taking my call tonight. I just got off the phone with Comcast (1-800-266-2278 if anybody is interested). As Dave had just told me minutes before, we no longer get the free HBO. They are offering a package right now that for $14.95. You get 100 more stations, plus either HBO or Showtime. This will also include Encore, Turner Classic Movies, Biography, lots of good stations. I thought this sounded like a very good option - if anybody is interested. This $14.95 only lasts for 4 months though. After that, it goes up to $30.95 a month, or $19.95 if you keep all the stations except HBO.

Anyway, good luck everybody and DAVE - YOU'RE THE MAN!!!! MANY THANKS!

ps: It took me quite a while to sign in because I forgot my Blog password - but the old braincells finally kicked in after about a 100 tries and here I am - posting after probably a year!

THANKS AGAIN DAVE!!

chris

WHAT'S AVAILABLE ON OUR CABLE

Hi all,

In another thread, the following questions appear:

"One question I have. Does anyone have any information on different channel packages that can be purchased for additional money. One of the representatives told me I could sign up for the Digital Classic Tier (101 through 741) plus Starz - for $14.95 per month. Does anybody have any experience with these stations? I notice Biography, Turner Classic and a few other good ones are located there."

It is not smart for me to comment on prices, because there are specials that come and go all the time. Following is a Comcast Web Site with a Drop down Menu showing the various Tiers of programming:

http://www.comcast.com/customers/clu/ChannelLineup.ashx?area=0

Pick the Tiers you are interested in, and then go to the clubhouse and speak with Bob Seibeneck about costs for those Tiers. One of the benefits of the new box is that it can be programmed for any Tier you desire to pay extra for.

Dave Israel
Cable Chair

CABLE BOX ROLLOUT

Hi All,

Following is an A Nony Mouse Comment:
My responses are in red!

Anonymous said...
Do you really have to go for the interview if you're not interested in changing your phone company or internet provider?

The Cable Box registration and installation, has nothing whatsoever to do with Telephone or Internet. BUT remember that the Comcast representitives who are doing the registrations in the Clubhouse, are SALES people and they are aggressively marketing extra services. We are under no obligation to purchase these services; so if you do not want them, "Just Say NO"; i'm here to register for my Cable Box.

Does the installer leave a box for each set or can you get the tv without a box?

The installer will bring your box to your unit and install it. He/She will show you how to use the remote control. Our contract only provides ONE Set-Top-Converter at this time. There will be two more boxes of a fundamentally different character at a future time, for up to two additional TV's. These two additional boxes are called DTA boxes and they will only receive channels 2 - 99; even when they are converted to digital format.

In the meanwhile, your non-boxed TV's will work as they are working now; but without the Set-Top-Converter; you will not be able to view the Digital Starter Tier.

Does the installer install anything? (yes, as noted above, he/she will install your one Set-Top-Converter box) Can you get in demand without the box? (NO, Video on Demand is in the Digital Starter Tier and requires the Box to view.)

Anybody have the answers? (Yes, I Cable Boy, have the answers)

Jun 12, 2009 11:54:00 AM

Dave Israel

Comcast Hookup

Did anyone who had an appointment this morning to get your
box and remote have the problem that the cable tech told me.
The main cable isn't working so if he put the box on the TV in
my living room I will not view any TV until they fix the problem.
He told me that I have to make another appointment.
Isn't life grand.

Faster Easier – no Dishes

Our Neighborhood food Wal-mart has many frozen TaiPei foods. These 3 eggrolls for less than $2. These microwave in their carton (2 minutes, no plate to wash, no wasted plastic dish) and you get a picture of a fortune cookie on the bottom of the box, with fortune. The fortune is essential. So they are mostly cabbage and crispy wrap, but tasty and possibly addictive. Load up your freezer, no need to keep driving to pick up Chinese.

A Little Midweek Chairman Of The Board

CLICK ON LINK

condo insurance

2) An attempt to reverse the onerous and invasive Insurance requirements, failed. So the law remains: all Unit Owners must, upon request of the Board, provide proof of Insurance, and if they refuse, the Association may Force Place a policy, and Lien the Unit to effect Collection of the premium.

OK...so I understand we need private insurance on our condo...how much?? I currently have a policy for $20,000 (2,000 loss assessment payable to the association). My insurance agent told us that was adequate coverage...I know some associations are enforcing a minimum of $35,000 coverage...our unit isn't assessed for that much! Is there are "legal" coverage amount...I believe my agent not the Condo Board!

never wash your hands

Are these real painted hands or photoshop fakes? What do you think?
I say photoshop!

“It'll take him four hours to do one hand. He then photographs it for posterity. I cannot imagine how he does it, the eyes are so remarkably lifelike. It took him 10 hours to do the two-handed Eagle”

If you prefer static view see

http://www.racegroups.com/blog/view/id_32/title_never-wash-your-hands/

Insurance Meeting

What info came out of the June 9 Meeting that would be helpful to unit owners? I was unable to attend .
Thanks, Mike

ANDRE'S QFR - POINT COUNTERPOINT

Hi All,
The following Post by Andre has been stuck in the Draft queue for a week; I do not know why.
Dave.
------------------------------------------------


Hi David, please allow me to follow suit to your June 3rd reply and input some comments after your red comments. Mine will be in this color and I might be using some of the following humorist acronyms in my text.

Since your a crossword wizard you will appreciate I hope... HAHA !!!Andre

V: Very, Various, Village;

I: Important, Intelligent, Interesting;

P: Person, People, President;

V.I.P.: Very Important Person;

V.I.P.: Various Intelligent People;

V.I.P.: Village Interesting President;

VP; Vice President, Village People, Village Payers;

F: Frieda, Fair, F---, the most 4 letter F word used in America;

S.B.: Sal Bummolo, Sam Buco, San Bernardino;

B.S.: Blunck Sal ( one and the same), Bull S--t, Bien-Etre Social ( welfare or dole or Frieda status);






Wednesday June 3rd, 2009
ANDRE'S QFR

Hi All,
Andre has posed some interesting questions in a Comment Stream on the BLOG. Below we will explore them; no doubt there will be some valuable comments and responses. As always, do not shoot the messenger:

My responses will be in red.

Acronym of the day: QFR = Questions for Record!
--------------------------------------------------------------------------------------------

Dave, I am trying to understand the process here.

-1) UCO is fully responsible for all operational cost required by WPRF to maintain the recreational activities of which the lakes and lagoons are part and parcel;
-
Dave: Yes, per the Millennium Amendment to the Long Term Lease, UCO/CV Unit Owners are responsible for all Operational costs of the Recreational Facility.

AV: This obviously includes $ for maintenance. On 03/16/2009 I wrote to Pat Blunck ( as in B.S. above ) ''that UCO was not living up to its obligation as can be attested by the poor condition of the lagoons and its canals ''. He never answered me but i had a number of phone call with S.B. ( As in S.B. above ) who asked me which agreement UCO was not respecting. Please read him the Millennium Amendment to the long term lease as he is a very slow reader since I submitted him the Wellington Lakeshore Improvement Plan ( L.I. P. not above ) on April 14 and he committed to come back to me he never did. So he gave me the LIP service.
-
2) These operational costs are approved by the UCO Operations Committee which is chaired by the President of UCO;
-
Dave: Yes, essentially correct.

AV: This P of UCO must be a VIP ( Select among the 3 definitions above ) because he never answered any of my correspondence on this subject either like the B.S. above. Maybe he is a V.I.P ( select the proper definition here )or a slow reader like B.S. ( be careful and select the proper definition again)

3) Once this approval is given to WPRF, Anita Cruz as the Manager, proceeds to spend that money and reports back to UCO as to the status of the account on a periodic basis;
-
Dave: Yes.

AV: When and where do the VP ( select at least two definitions from above ) happen to see these reports? Being a VP ( I'll help you here, I am the 3rd definition ) snowbird I cannot attend all the meetings taking place in CV ( Century Village is not above ) so please guide me to the responsible VP among the 4 VP at UCO.

Dave: Actually, the entire Operations Committee sees these reports at each meeting of the Operations Committee, which is once and soon to be twice monthly. I am not aware that these reports are further distributed; a fact that needs to be changed, IMHO. Remember this when you vote in March.
-
4) UCO would certainly not be allowed to go into the Hasting Clubhouse and do any type of physical changes to the building without the approval of the owner represented by WPRF;
-
David: Actually, if UCO wished to effect reasonable changes in the Hastings Clubhouse, and if appropriate approval process was followed and was obtained from the Delegate Assemble to provide required funding, then indeed we could make changes in the Hastings Clubhouse or, for that matter, the main Clubhouse. The maxim is simple; “you can have anything you want, as long as you pay for it”

AV:You are telling me that instead of building the Taj Mahal ( UCO OFFICE ) ( please note the capital letters here ) UCO could have simply walk into the Main Clubhouse or Hasting and build there office there? WOW, So simple and all that time I was under the impression that some VIP ( select above ) built the UCO office where it is because some VIP ( Up ) did not get along with the P of WPRF. Correct me if I am wrong.

Dave: I can top that one Andre; would you believe that there was a proposal on the table for WPRF to build a two story building on the site of the Taj Mahal and put WPRF Offices on one floor and rent the other floor to UCO for $1.00 per year? UCO rejected that idea out of hand!

-
Question

1: Under what authority is UCO authorized to restore the lakeshore without any approval from WPRF as stated by Mark Levy in his correspondence to me?
-
Dave: Again, It’s not a matter of approval; rather one of tacit concurrence. Why would WPRF refuse, if the Unit Owners must pay for the work? WPRF states that they have not approved the plan, but It is clear that they are permitting the project to proceed.

AV: David as you know the Wellington lakes and lagoons belong to the Wellington VP ( 3rd definition ). To my knowledge these VP ( 3 above ) were never asked or never gave their tacit or otherwise approval to this process. In fact at the last May Wellington Federation meeting an attempt was made by some VIP of the Federation to can the LIP ( Lakeshore Improvement Plan) and 6 of the 9 building representatives objected thanks to a move by a fine VIP ( 3rd definition ) of Wellington H.
-
Question 2: What tender process is being followed by UCO to spend that kind of money which is held in a separate account by WPRF?
-
Dave: This sort of project is scoped by the Operations Committee and funded through the Operations Budget. This process is clearly described in the Millennium Amendment to the long term lease . Please, everyone reading this diatribe must read the document.
-
REF: http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp

Select the Book/Page tab:
BOOK: 11660 PAGE: 1550. Enter as follows: 11660/1550
-

Consider attending the Operations Committee meetings, they are very interesting drama and they spend lots of our money.
-
Question 3: When does the Delegate Meeting (the Board) happens to approve these kind(s) of spending?
-
Dave: Don’t confuse the UCO budget process, approved yearly by the Delegate Assembly, with the WPRF/Operations Budget. Your monthly payment to WPRF consists of two main parts; one part is RENT the other part is MAINTENANCE. Do the arithmetic;

an average $100.00 per month across 7854 Units = $9,424,800.00.

Are we beginning to see the light? Again read the Millennium Amendment.

AV: I see the light but I am wondering if the train is coming or going. I will ask a VIP ( only two of the definitions can apply here )) to help.

Question 4: If WPRF is only holding the money bag and the work is to be executed under UCO sole discretion and authority, why didn’t UCO collected the money directly from the owners through the UCO fees?

Dave: As noted throughout above, because it is an expense for Maintenance of the Recreational Facility per the Millennium Amendment.

AV: No further comments,

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Question 5; Is there more here to this issue than meets the eyes? Thank you Andre
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Please be a bit more specific; and please do not shoot the messenger!


Dave Israel

Vote on New By Laws

I am very upset about the fact that a vote will take place at the July Delegate's meeting on new By Laws. I don't think we should have a vote until January when the snow birds are back. What is in there that has to be passed in a hurry that all would not have a chance to read and make their voices heard? This is just so like UCO. They forget they are there for us, not themselves and they owe it to all to wait until people are here. They just waited until sowbirds have left to ram some new ideas through.

WHAT IS PAST IS PROLOGUE

Liar Liar Pants on Fire

Todays Delegate Assembly was punctuated with some animated finger pointing and name calling; herewith some background:

Some four and one half years ago, Mr. Waldman, the owner of our Golf course, made his first effort to cause housing to be built on our Golf Course. In this first effort, he was attempting to sell the property to D.R. Horton; a major builder, who would then build some 600 condo units. This never happened, because Mr. Waldman could not get the Zoning changed, or more accurately, the "In Perpetuity" Plat restriction overturned. This inability to proceed was a direct result of the resistance of Century Village Unit Owners.

It was around that time that Phil Shapkin formed the Pro-Active Committee to save the Golf Course (of which I am a member). Initially this was a UCO Committee, but, because Phil believed that the prior Administration under Bob Marshall supported the developer, he morphed the Committee into a Not for Profit Corporation and separated the Committee from UCO.

Having been present at most of the related meetings, it is my belief that the Marshall Administration did not support the Developer, but was merely in favor of having the plan heard by all of the Unit Owners of Century Village, so that they could decide for themselves.

From this series of events flow the acrid antipathy that we heard boil up today at the Delegate Assembly.

While this is a very abbreviated recounting of complex events which are ongoing, I hope it gives you all the flavor of the History of this conflict. This story is still being written; the outcome is far from certain.

Dave Israel

delegate meeting

Just for my own clarification-at the delegate meeting today 5 June- was the gentleman's request for people to sign pledge cards supporting a political candidate who anticipates replacing Jeff koons on zoning -appropriate? how can he assure everyone if the candidate in question is voted in/she w/support no rezoning of the now golf course property? and as a new resident to CV- 6 mo- I am in the dark re the "you're a liar" "no, you're a liar" scream out at the end of the meeting between I think his name was Phil (golf course revolutionary) and the videographer after the woman in blue at a microphone yelled something about some meeting pertaining to the golf situation? I come from Illinois, land of convicted governors and rampant political corruption-so i guess my belief that one could accept a politician's promise -well, I don't. Thank you for any insight.

Why Is It?

In New York fast food restaurants, you have it your way, but in Florida, you have to order twice to get what you want?

ANDRE'S QFR

Hi All,
Andre has posed some interesting questions in a Comment Stream on the BLOG. Below we will explore them; no doubt there will be some valuable comments and responses. As always, do not shoot the messenger:

My responses will be in red.

Acronym of the day: QFR = Questions for Record!
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Dave, I am trying to understand the process here.

-1) UCO is fully responsible for all operational cost required by WPRF to maintain the recreational activities of which the lakes and lagoons are part and parcel;
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Yes, per the Millennium Amendment to the Long Term Lease, UCO/CV Unit Owners are responsible for all Operational costs of the Recreational Facility.
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2) These operational costs are approved by the UCO Operations Committee which is chaired by the President of UCO;
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Yes, essentially correct.
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3) Once this approval is given to WPRF, Anita Cruz as the Manager, proceeds to spend that money and reports back to UCO as to the status of the account on a periodic basis;
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Yes.

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4) UCO would certainly not be allowed to go into the Hasting Clubhouse and do any type of physical changes to the building without the approval of the owner represented by WPRF;
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Actually, if UCO wished to effect reasonable changes in the Hastings Clubhouse, and if appropriate approval process was followed and was obtained from the Delegate Assemble to provide required funding, then indeed we could make changes in the Hastings Clubhouse or, for that matter, the main Clubhouse. The maxim is simple; “you can have anything you want, as long as you pay for it”
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Question

1: Under what authority is UCO authorized to restore the lakeshore without any approval from WPRF as stated by Mark Levy in his correspondence to me?
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Again, It’s not a matter of approval; rather one of tacit concurrence. Why would WPRF refuse, if the Unit Owners must pay for the work? WPRF states that they have not approved the plan, but It is clear that they are permitting the project to proceed.
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Question 2: What tender process is being followed by UCO to spend that kind of money which is held in a separate account by WPRF?
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This sort of project is scoped by the Operations Committee and funded through the Operations Budget. This process is clearly described in the Millennium Amendment to the long term lease. Please, everyone reading this diatribe must read the document.
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REF: http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp

Select the Book/Page tab:
BOOK: 11660 PAGE: 1550. Enter as follows: 11660/1550
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Consider attending the Operations Committee meetings, they are very interesting drama and they spend lots of our money.
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Question 3: When does the Delegate Meeting (the Board) happens to approve these kind(s) of spending?
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Don’t confuse the UCO budget process, approved yearly by the Delegate Assembly, with the WPRF/Operations Budget. Your monthly payment to WPRF consists of two main parts; one part is RENT the other part is MAINTENANCE. Do the arithmetic;

an average $100.00 per month across 7854 Units = $9,424,800.00.

Are we beginning to see the light? Again read the Millennium Amendment.
-
Question 4: If WPRF is only holding the money bag and the work is to be executed under UCO sole discretion and authority, why didn’t UCO collected the money directly from the owners through the UCO fees?
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As noted throughout above, because it is an expense for Maintenance of the Recreational Facility per the Millennium Amendment.
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Question 5; Is there more here to this issue than meets the eyes? Thank you Andre
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Please be a bit more specific; and please do not shoot the messenger!

Dave Israel

GOLF CARTS PART DEUX

Hi all,
Here is an Email from FHP with further information and enhancement regarding Golf Carts; it should be read in conjunction with my previous post on this issue:
Dave Israel
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Dear Mr. Israel,

Thank you for your inquiry. Florida Statute 316.2125 states: Operation of golf carts within a retirement community.
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(1) Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf cart, equipped and operated as provided in s. 316.212 (5), (6), and (7), within any self-contained retirement community is permitted unless prohibited under subsection (2).
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(2)(a) A county or municipality may prohibit the operation of golf carts on any street or highway under its jurisdiction if the governing body of the county or municipality determines that such prohibition is necessary in the interest of safety.
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(b) The Department of Transportation may prohibit the operation of golf carts on any street or highway under its jurisdiction if it determines that such prohibition is necessary in the interest of safety.
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(3) A local governmental entity may enact an ordinance regarding golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of any such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it shall be enforced within the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.
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History.--s. 1, ch. 88-253; s. 6, ch. 96-413; s. 8, ch. 2000-313; s. 15, ch. 2006-290; s. 4, ch. 2008-98.
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Also, Golf carts do not require a tag or insurance.
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Thanks,
Jesse.
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Sergeant Jesse M. Evans

Office of Communications Florida Highway Patrol 2900 Apalachee Parkway, Rm. B-456, MS 44 Tallahassee, Fl. 32399Office: 850.617.2382Fax: 850.617-5108

JesseEvans@flhsmv.govwww.flhsmv.gov/FHP

COURTESY * SERVICE * PROTECTION

GOLF CARTS AND LICENSE TAGS

Hi all,
The following question was sent by Email, the name of the sender is redacted for privacy:
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“First of all I want to tell you how informative I find your blog. It seems as though it is the only place to get the "truth"!My reason for writing is that I have been seeing more and more golf carts on the perimeter roads. I am not talking about service people but residents. They do not have license plates and I am wondering if this is legal?”
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There appears to be no requirement in Florida to have License Tags on a Golf Cart.
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Following is a recap of Florida law on golf Carts.
It would appear that these statutes refer to Golf carts on Public Streets and roads, not in private communities like CV. We should be able to enact regulations for use on UCO roads; a legal opinion should be sought.

Dave Israel
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FS 320.01 Definitions, general.--As used in the Florida Statutes, except as otherwise provided, the term:
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(22) "Golf cart" means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.
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316.003 Definitions.--The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires:
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(68) GOLF CART.--A motor vehicle designed and manufactured for operation on a golf course for sporting or recreational purposes.
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316.212 Operation of golf carts on certain roadways.--The operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein:
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(1) A golf cart may be operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed.
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5) A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, and red reflectorized warning devices in both the front and rear.


(6) A golf cart may not be operated on public roads or streets by any person under the age of 14.
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(4) A golf cart may be operated only during the hours between sunrise and sunset, unless the responsible governmental entity has determined that a golf cart may be operated during the hours between sunset and sunrise and the golf cart is equipped with headlights, brake lights, turn signals, and a windshield.
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) A golf cart may be operated on a part of the State Highway System only under the following conditions:
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(a) To cross a portion of the State Highway System which intersects a county road or municipal street that has been designated for use by golf carts if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes.
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(b) To cross, at midblock, a part of the State Highway System where a golf course is constructed on both sides of the highway if the Department of Transportation has reviewed and approved the location and design of the crossing and any traffic control devices needed for safety purposes.
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(c) A golf cart may be operated on a state road that has been designated for transfer to a local government unit pursuant to s. 335.0415 if the Department of Transportation determines that the operation of a golf cart within the right-of-way of the road will not impede the safe and efficient flow of motor vehicular traffic. The department may authorize the operation of golf carts on such a road if:
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1. The road is the only available public road along which golf carts may travel or cross or the road provides the safest travel route among alternative routes available; and
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2. The speed, volume, and character of motor vehicular traffic using the road is considered in making such a determination.Upon its determination that golf carts may be operated on a given road, the department shall post appropriate signs on the road to indicate that such operation is allowed.
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(3) Any other provision of this section to the contrary notwithstanding, a golf cart may be operated for the purpose of crossing a street or highway where a single mobile home park is located on both sides of the street or highway and is divided by that street or highway, provided that the governmental entity having original jurisdiction over such street or highway shall review and approve the location of the crossing and require implementation of any traffic controls needed for safety purposes. This subsection shall apply only to residents or guests of the mobile home park. Any other provision of law to the contrary notwithstanding, if notice is posted at the entrance and exit to any mobile home park that residents of the park utilize golf carts or electric vehicles within the confines of the park it shall not be necessary that the park have a gate or other device at the entrance and exit in order for such golf carts or electric vehicles to be lawfully operated in the park.
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(7) A local governmental entity may enact an ordinance regarding golf cart operation and equipment which is more restrictive than those enumerated in this section. Upon enactment of any such ordinance, the local governmental entity shall post appropriate signs or otherwise inform the residents that such an ordinance exists and that it shall be enforced within the local government's jurisdictional territory. An ordinance referred to in this section must apply only to an unlicensed driver.
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(8) A violation of this section is a noncriminal traffic infraction, punishable pursuant to chapter 318 as a moving violation for infractions of subsection (1), subsection (2), subsection (3), subsection (4), or a local ordinance corresponding thereto and enacted pursuant to subsection (7), or punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection (5), subsection (6), or a local ordinance corresponding thereto and enacted pursuant to subsection (7).

SHORELINE RESTORATION - REDUX

Hi all,
Again we have questions on the BLOG about who owns what and who maintains what. Previously, in this BLOG, references and evidence have been presented to prove unambiguously that the lakes (Except the Wellington ponds) belong to The Benenson Corporation in New york City.

They are managed by their Resident Managing Agent, W.P.R.F., Inc.
Below, I shall republish these references; but first permit me to present some information and make some comments.

As has been mentioned in this BLOG previously; an analysis was made by Army Corps of Engineers Team leader Amir Gamliel (ELSAT Engineering). This report layed out, in some detail, how this job of restoration should be accomplished and a number of options were presented. The costs ranged from $4 million to $8.5 million dollars. These plans were rejected on the basis of cost. From a technical point of view, this is totally unacceptable, but it was done anyway.

Following this report, plans were made up within UCO for another plan whose resemblance to the Technically correct plan, is purely coincidental.

Now comes Andre, who's plan is no more technically acceptable, than is the UCO plan. Both approaches are mere bandaids, destined in short order to come apart and have to be repeated.

If you the unit owners wanted to spend the money to follow the Gamliel Report plan, you the Unit Owners should have made your voices heard at Delegate Assembly; AND made it clear that you were ready to pay the price! At the very least, you should have demanded to see the report, which to this very day is held in secret. As a VP of UCO I was finally able to see this report and if anyone wants to read it, send your Email address to me at: nsasigint@comcast.net and I shall Email the report to you.

Finally, to exacerbate matters, there is a rank confusion between the issue of Shoreline Restoration and Water levels in our Lakes and Canals.

There is a natural cycle here in Florida; there is a Rain season and there is a Dry season. In the dry season, the water level drops in accordance with the seasonal variation of the Water Table. when the Water Table drops, there is virtually NO amount of reclaimed water that will maintain the level of the lakes. because the water seeps through the sandy sedimentary bottom into the surrounding infrastructure, thus, we would have to raise the Water Table of Southern Florida to keep our lakes full; this would require Billions of gallons to accomplish, and that is just not going to happen.

UCO's goal is to take enough reclaimed water to keep the water level above the Irrigation Pump intakes. This is a difficult task in the Dry season and Sal and Pat and their committees are to be commended on this valiant effort in working with the County to modulate the flow, and keep our plants and grass irrigated.

So, please, get involved and become informed before expressing your opinion; there is more to this issue than meets the eye.

Following is the reference mentioned above:
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WHO OWNS WHAT - WHO GETS TO MAINTAIN IT?

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Word of the day: Riparian = Relating to the bank of a stream or lake

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Elsewhere on the BLOG there is an interesting interplay as to ownership of the Lakes and Canals and the matter of Shoreline Restoration.-The Lakes, Lagoons and associated Canals are part of the Village Recreational Facility which of course encompasses the two Clubhouses and certain pools…Etc.

-

On January 15th., 1982, Benenson Capital Corporation a 100+ year old Family Real Estate Company, Headquartered in New York City purchased the Recreational Facility from Century Village, Inc. The cost of this purchase was $23,100,000.00

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The Deed reflecting this purchase may be seen at the following reference.

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http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=7361890&file_num=19820008326
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The confusion arises over the Millennium Amendment to the Long Term Lease, which ultimately, relegates to the Unit Owners of Century Village the responsibility for Operational costs and Maintenance of the Recreational Facility. The issue of what constitutes Maintenance and what constitutes Capital Improvements I shall leave to Lawyers and Accountants.

-

This brings us to the matter of Shoreline restoration.

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The most expensive single component of the Recreation Facility over time may well turn out to be The 64 acres of Lakes, Lagoons, Canals and the associated Shoreline, this simply because of the potential damage from Weather.

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We spent a significant sum to have a moonlighting Army Corps of Engineers Team Leader with International reputation render a report on how the restoration is to be done; why have we not seen this report; perhaps because of the staggering cost of the recommendations?

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So now what will happen; we will proceed with a poorly scoped restoration plan which will be a band aid, only to be repeated in due course of time. This sort of project is a highly technical one and needs to be planned and executed by experts in the field. Because of the costs associated with this sort of project, the Unit Owners of CV must be involved in the planning and approval; there is no other Legal and correct route.

-

David Israel

North Canal Near Bridge

Bench in Canal

Trees not trimmed for possible hurricane damage as in rest of the village

Collapsed but not possible as per Sol Bomollo last year after the pipe broke. This area needs to be dug out as there was a big collapse last year when a county water pipe broke. Sol said the county was so busy and could not repair the canal damage.

Enough algae to choke and kill anything!

The collapse again.

Since I wrote my comment to Andre's beautiful piece this morning I decided to take pictures of what I was talking about. One picture I did not get on here is a half bag of bagels hanging from fronds of a palm tree on the north side of the canal. What kind of people do we have living here?

The bench in the canal is in front of Hastings A where I have been told that George Lowenstein lives. Does anyone keep count of the benches we have and where they are? Does anyone care? The only time the algae moves from where I found it is if a big wind comes up and moves it away for awhile, then it is back. I look at this mess every morning on my walk. If this was all I saw and someone asked me to rate Century Village and its beauty I would give it a 0. Does the beautification committee only beautify where prospective buyers would pass? What a shame! I would like some of my monthly money that is sent to the beautification committee to be spent around the north canal and how about something to kill off the algae before the algae kills of the wildlife that depends on our water to live, e.g. the turtles.