How are our newly minted VPs. Pls let us know when you have your quadrant and committee assignments, I would also like to know what cmtes all the VPs are assigned to (makes questions simpler). Is the organization fixed or adaptable to your talents and interests?
All the Best and TIA.
Wednesday, March 18, 2009
VP Array, Hooray
Tuesday, March 17, 2009
WATER AGAIN - A CONTRACT
Hi all,
As you are aware one of the duties of a UCO VP is to work with CV Unit Owners who come to the UCO Office with issues. You will not be surprised that a key subject of concern in my first two days at the Office is the ghastly condition of the Lakes, Canals and Lagoons.
The principal problem is the Reclaimed Water Agreement. It states, among other things, that the County will provide UP TO 750 thousand gallons per day. This means obviously that virtually any amount they deign to provide is contractually acceptable this includes zero gallons up to a cap of 750K gallons.
The actual amount provided in the 328 days of delivery from inception on Feb. 7, 2008 to Dec. 31, 2008 is 86,888,000 Gallons. This averages out to 264,902 Gallons per day. However it is not so simple; because they provide virtually nothing during some days in the rain season, following is the monthly totals of Reclaimed Water provided to CV in 2008 by month, in Gallons:
FEBRUARY: 3,345,000-----MARCH: 832,000-----APRIL: 26,000-----MAY: 27,651,000.
JUNE: 38,468,000-----JULY: 1,149,000-----AUGUST: 187,000-----SEPTEMBER: 0-----OCTOBER: 0-----NOVEMBER: 15,230,000.
DECEMBER: 0.
Thus if you cast out the rain season days in which we got nothing, and if you assume that the water company does not issue "rain-checks" for days that no water is provided, the numbers start to approach the contractual cap, for those days that it is actually delivered. In short, we have been weaseled!
If you are interested in the Contract, which is hardly friendly to our CV Unit Owners, see:
http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=13489450&file_num=20030515561
Finally, I believe Sal and Pat are writing an article on this problem for the UCO Reporter, which will further explain the situation we find ourselves in.
Dave Israel
Update on Committee Meetings
The last posting ( Transportation, Mar 16th ) of a UCO committee Meeting,has come
and gone.
Future meeting dates, do not appear anywhere on line....is this practice to be
discontinued or has the keeper of the calendar, revealed the contents, to other
sources for distribution ( channel 63, & Reporter ) Thank you..
Monday, March 16, 2009
ASSOCIATION ACCESS TO UNITS
Hi All,
-
In the Comment stream on rats, A Nony Mouse comments as follows:
----------
Anonymous said...
-
I believe that a unit at Coventry A was empty for a period of 3 yrs without over sight. Perhaps filling the toilet drain with alcohol or anti-freeze would be enough of a deterent.
I believe that a unit at Coventry A was empty for a period of 3 yrs without over sight. Perhaps filling the toilet drain with alcohol or anti-freeze would be enough of a deterent.
-
In our association one person has a key at their disposal. We enter a unit if it is vacant over a period time for inspection with two board members. You may have to put the right to enter and obtain a key in your association by-laws.
-
Mar 16, 2009 6:42:00 PM
Mar 16, 2009 6:42:00 PM
--------------------------
I believe that FS 718 covers this issue as follows:
REF:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0718/ch0718.htmFS-718.111(5)
RIGHT OF ACCESS TO UNITS.
--
"The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit or units".
---------------------------------
I suspect that infestation by Rats, other Vermin or Mold; qualify for Unit access under the Statute, as each may in due course migrate to other Units.
-
Finally, please no alcohol in the toilet; it will evaporate away in a matter of days but in the meanwhile it is explosively flammable.
also no Anti-freeze, eventually you will have to flush it down the drain; to do so violates Federal Environmental Law as regards disposal of toxic substances.
Dave Israel
RATS
Yes, Rats!!!!!!!!!!!!!
No, I'm not talking about the two legged ones that might be loose here in the Village!!!
No, this is not just an exclamation of frustration.
I'm talking about the fuzzy, furry rodents with the long tail. Sometimes also know within the Village as attic rats.
Yes, they are here and apparently prevalent.
In the area where I live I have personal knowledge of at least five associations that have been inspected and four of them found evidence of or actual rats in residence.
They seem to especially like units that are empty and have been for a long period of time. In one unit that had been empty for about two years with no inspection process in place the rodents had made themselves and their extended family a home in the mattress and box spring.
What a mess. In this case the toilets had not been sealed and the water was turned off. The fixtures were all dried out and provided perfect passage from the sewer to the apartment.
In another unit holes had been gnawed to get into the unit from the walls. In both cases droppings were prevalent and rodents were caught in the traps that were set.
I'd like to suggest that Associations contact an exterminating company and get a price for an inspection. Hopefully you will get an all clear but if not it is better to attack the problem early rather than later.
When getting an estimate be sure to read and understand the process that is to be used if the creatures are found.
In my opinion, the rodents should be trapped and removed . Some estimates have suggested just putting out poison and killing the population. Don't forget--a dead rat stinks very, very badly. You will not be happy!
Also, rats have fleas and fleas do not remain with a dead rodent. You do not want to deal with an attic infested with fleas!
My suggestion is to investigate and inspect, get estimates if needed and do it sooner rather than later.
Any questions just call me at 683-4663 (home) or at UCO 683-9189.
Sunday, March 15, 2009
Our beautiful Clubhouse
On Saturday night, we went to the show. It was a beautiful ballet, its too bad more people weren't interested. They missed an excellent show.
Something tarnished this show for me. There were three women sitting in front of us who left early. Later when we walked out I saw that they had abandoned their rubbish on the floor.
-
I was as outraged as I would have been if they came to my house and threw rubbish on my living room floor. I know who it was and I know it was last night's rubbish because one of the things was a program.
-
There was also a used kleenex and a empty candy bag. These women were installed today on the executive board. They swore to do their best for the Village. Let's hope their best is better than this. I hope they see this and are properly ashamed.
-
I don't know how they were brought up or how they brought up their children but I do know how I was brought up and it was with a deep respect for my world and the places that I use and enjoy. If I ever littered anyplace, my Mother would come out of her grave and slap me silly.
-
We paid a lot of money to restore this clubhouse, it is beautiful and it is the responsibility of all of us to do our part in keeping it that way.
Collection process, foreclosure process/new laws
Mark your calendars!!!!!!!!!
Thursday March 19th there will be a Town Hall meeting to discuss the ongoing problems with the collection process and why it is taking so long to accomplish this task.
Yes, this is a return trip for Becker and Poliakoff's collections team but I believe it will be useful because the situation has worsened in the past few months.
Again, mark your calendars--Thursday March 19th at 9:30 in the Theater.
Tell your president and/or other board members. Many of us need to take action now.
See you there!
Saturday, March 14, 2009
INSURANCE COVERAGE OF AIR CONDITIONERS
Hi all,
The following question comes from a CV Unit Owner by Email:
-----------------
In an item I saw in the Palm Beach Post. In the Wednesday's edition Page 16D [3/11/2009], an article by Gary Poliakoff ("Condo Consultant") - states:
"...under owner's 'HO6' policy. (Please note that effective Oct. 1, 2008, the law changed to delete air conditioning units, regardless of where located, from unit owner coverage and add them to the association's coverage)..."
-
I think Dan may have spoken about this subject in a recent open Delegate Assembly meeting "fleetingly",
wherein, I believe, he implied that the government legal/Tallahassee types were talking about the compressor unit outside the Association building, but not the air handling system internal to the unit owner's inside area. Further, the question of the window a/c units that "hang" outside the building wall of each unit owner's condo was a further question in Dan's mind if I read (heard) him correctly.
Can you find out what the correct and current "scoop" is on this subject?
----------------
In response, I shall quote sections of FS-718 be aware that this is not a Legal opinion; but simply researched information:
-
718.111 The association.—
-
(f) Every hazard insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium shall provide primary coverage for:-
The following question comes from a CV Unit Owner by Email:
-----------------
In an item I saw in the Palm Beach Post. In the Wednesday's edition Page 16D [3/11/2009], an article by Gary Poliakoff ("Condo Consultant") - states:
"...under owner's 'HO6' policy. (Please note that effective Oct. 1, 2008, the law changed to delete air conditioning units, regardless of where located, from unit owner coverage and add them to the association's coverage)..."
-
I think Dan may have spoken about this subject in a recent open Delegate Assembly meeting "fleetingly",
wherein, I believe, he implied that the government legal/Tallahassee types were talking about the compressor unit outside the Association building, but not the air handling system internal to the unit owner's inside area. Further, the question of the window a/c units that "hang" outside the building wall of each unit owner's condo was a further question in Dan's mind if I read (heard) him correctly.
Can you find out what the correct and current "scoop" is on this subject?
----------------
In response, I shall quote sections of FS-718 be aware that this is not a Legal opinion; but simply researched information:
-
718.111 The association.—
-
(f) Every hazard insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium shall provide primary coverage for:-
-
1. All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications.-
-
2. All alterations or additions made to the condominium property or association property pursuant to s. 718.113(2).-
-
3. The coverage shall exclude all personal property within the unit or limited common elements, and floor, wall, an ceiling coverings, electrical fixtures, appliances, water heaters, water filters, built-in cabinets and countertops, and window treatments, including curtains, drapes, blinds, hardware, and similar window treatment components, or replacements of any of the foregoing.
----------
OK! Here is where the interpretation comes in:
----------
OK! Here is where the interpretation comes in:
-
1) The Air conditioners, both the compressors and the interior air handlers were indeed originally installed.
- or
2) Constitute an alteration to the property; EG: AC Units punched thru walls and hanging out on the Common Element.
-
3) The AC units are no longer specifically excluded, as they were in past versions of the Statute.
1) The Air conditioners, both the compressors and the interior air handlers were indeed originally installed.
- or
2) Constitute an alteration to the property; EG: AC Units punched thru walls and hanging out on the Common Element.
-
3) The AC units are no longer specifically excluded, as they were in past versions of the Statute.
-
Therefore, it is my opinion that the Association must insure the Air conditioners, both the indoor and outdoor components against CASUALTY loss.
Therefore, it is my opinion that the Association must insure the Air conditioners, both the indoor and outdoor components against CASUALTY loss.
-
No doubt there will be a number of comments on this matter, as there is undoubtedly some interpretive ambiguity in the new Statute.
No doubt there will be a number of comments on this matter, as there is undoubtedly some interpretive ambiguity in the new Statute.
-
Perhaps Dan Gladstone will grace us with his input?
Perhaps Dan Gladstone will grace us with his input?
-
It should be further noted that the Insurance Statute is under study for changes in the Florida Legislature. So, some parts of the law may be changed this year.
-
Dave Israel
Dave Israel
Loquat Season
This is loquat and sugar cane season. I know because my car is always covered with ash from the burning cane fields. Ash floats many miles.
What is a loquat – there are trees with fruit around CV. Also called May Apple, Japanese medlar or Japanese plum.
The loquats are tartly sweet, aromatic 1-1/2" golden-yellow to orange fruit that resembles an apricot in size and color. The juicy, crisp flesh is pale yellow and has a delicate, sweetly tart cherry-like or pear-like flavor, it surrounds 1 to 3 seeds. The yellow fleshy edible fruits are eaten raw, cooked, or made into jelly. These fruits are favorites among Asian cultures. Remove the fruit flesh from the seed before eating or cooking.
Warning! Do not eat, chew, or swallow the seeds. The loquat seed may be highly toxic. http://www.loquatworld.com/
talk to a live person faster
Gethuman database bypasses automated phone systems, talk to a live person faster.
http://www.gethuman.com/
I think this was on the blog once before but I couldn’t find it so – I especially like Humana (put in wrong ID then you get person, yeah!)
Thursday, March 12, 2009
Wednesday, March 11, 2009
POLIAKOFF TO OBAMA - MAKE BANKS PAY THEIR SHARE
Hi all,
Following is a letter written by Gary Poliakoff to the President of the United States regarding Banks paying their obligation to the Associations when foreclosing on Units.Let's hope it finds receptive ears.
-
Dave Israel
-
Reply To:
Fort Lauderdale
Gary A. Poliakoff, J.D.
Direct dial: (954) 985-4150
GPoliakoff@becker-poliakoff.com
Reply To:
Fort Lauderdale
Gary A. Poliakoff, J.D.
Direct dial: (954) 985-4150
GPoliakoff@becker-poliakoff.com
-
February 26, 2009
-
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
-
Re: The 60 Million Forgotten Victims of the Sub-Prime Mortgage Crisis, Bank Failures, and Home Foreclosures
-
Dear President Obama:
The Honorable Barack Obama
President of the United States
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500
-
Re: The 60 Million Forgotten Victims of the Sub-Prime Mortgage Crisis, Bank Failures, and Home Foreclosures
-
Dear President Obama:
-
Much has been said and written about the mortgage crisis and its impact on both banks and
borrowers. And while the “Homeowner Affordability and Stability Plan” will, hopefully, go a
long way towards stabilizing the housing market, there is one aspect of the problem which has
been largely ignored: namely, the failure of banks and defaulting homeowners to pay their share
of the common expenses necessary to maintain the Nation’s 300,000 condominium,
cooperatives and planned developments operated by community associations. As a direct result, innocent unit owners, those who are timely paying their share of the common expenses, are being forced to cover the bad debt for defaulting banks and unit owners. In some cases there just aren’t sufficient funds to pay for electricity, ground maintenance, insurance, security, waste management, and other essential services necessary to preserve the property values.
-
To put this into proper perspective, according to the Community Association Institute
(www.caionline.org), the value of homes in all associations is estimated at $4 trillion. Estimated
annual operating revenue for U.S. community association operated homes, housing 60 million
Americans, is more than $41 billion. To a large degree, the assessments paid by the unit owners are going to maintain the collateral of the banks and defaulting unit owners, neither of whom are paying their share of the common expenses.
-
There is a solution to this problem--banks receiving Federal bailout monies and unit owners
offered restructured mortgages at lower interest rates, as a condition of their receiving Federal
funds and lower interest rates should be obligated to bring their obligations to their Community
Associations current.
-
I trust you will give this matter the important consideration it warrants. Feel free to call upon me
if I might be of any assistance in finding a solution to this crisis.
Very truly yours,
-
Gary A. Poliakoff, J.D.
-
cc: Elizabeth Warren, Chair, TARP Congressional Oversight Panel for Economic Stabilization
Neel T. Kashkari, Interim Assistant Secretary of the Treasury for Financial Stability
Much has been said and written about the mortgage crisis and its impact on both banks and
borrowers. And while the “Homeowner Affordability and Stability Plan” will, hopefully, go a
long way towards stabilizing the housing market, there is one aspect of the problem which has
been largely ignored: namely, the failure of banks and defaulting homeowners to pay their share
of the common expenses necessary to maintain the Nation’s 300,000 condominium,
cooperatives and planned developments operated by community associations. As a direct result, innocent unit owners, those who are timely paying their share of the common expenses, are being forced to cover the bad debt for defaulting banks and unit owners. In some cases there just aren’t sufficient funds to pay for electricity, ground maintenance, insurance, security, waste management, and other essential services necessary to preserve the property values.
-
To put this into proper perspective, according to the Community Association Institute
(www.caionline.org), the value of homes in all associations is estimated at $4 trillion. Estimated
annual operating revenue for U.S. community association operated homes, housing 60 million
Americans, is more than $41 billion. To a large degree, the assessments paid by the unit owners are going to maintain the collateral of the banks and defaulting unit owners, neither of whom are paying their share of the common expenses.
-
There is a solution to this problem--banks receiving Federal bailout monies and unit owners
offered restructured mortgages at lower interest rates, as a condition of their receiving Federal
funds and lower interest rates should be obligated to bring their obligations to their Community
Associations current.
-
I trust you will give this matter the important consideration it warrants. Feel free to call upon me
if I might be of any assistance in finding a solution to this crisis.
Very truly yours,
-
Gary A. Poliakoff, J.D.
-
cc: Elizabeth Warren, Chair, TARP Congressional Oversight Panel for Economic Stabilization
Neel T. Kashkari, Interim Assistant Secretary of the Treasury for Financial Stability
FINDING OUT IF A BOARD MEMBER IS A UNIT OWNER
Hi all,
In a Comment stream The following question was posted:
----------------------
To Randall at 9:22:
Does UCO have a membership roster that can prove who is or who is not a member?
Who checks that roster??
Mar 10, 2009 9:17:00 PM
--------------------------------------
This may easily be researched as noted in The earlier Post about "Who has a Mortgage".
Go to this Site:
https://www.myfloridacounty.com/serv/MyFloridaCounty/ORI/Order?thisPage=MyFloridaCounty.ORI.Order.state.Start
Enter the name of the Board member; set Document type to Deed and submit your search. Note the Book/Page reference given.
Then go to the Official Records Search Site:
http://www.pbcountyclerk.com/ORIS/records_home.html
Click on "accept" then click on the "Book/Page" tab and enter the Book and Page. This will take you to the Deed and you can see who the Owner of Record is; or is not!
Dave Israel
Tuesday, March 10, 2009
THE CRASH COURSE - ECONOMY - ENERGY - ENVIRONMENT
Hi all,
The referenced Site contains a very interesting Crash course on the current state of World Affairs. Give it a try and tell us what you think:
http://www.chrismartenson.com/crashcourse/chapter-1-three-beliefs
Dave Israel
Tag Jag
I just saw my first "In God We Trust" Florida license plate today. It's not a fancy plate like the other special plates; it looks like an ordinary plate, but has its message in place of the county name. Now, if the state can do that, why can't they do that with the other causes they put on plates? Do we need a hogshead of fancy state plates that, while they may benefit worthy causes, they cause confusion with traffic control officers?
CRYPTOGRAM
Hi all,
For those who enjoy difficult puzzles, allow me to present a set of 5 Cryptograms.
-
The following are headlines from recent news reports. All five are encrypted with the same mixed alphabet at different settings against itself.
The following are headlines from recent news reports. All five are encrypted with the same mixed alphabet at different settings against itself.
-
Can you solve these ciphers and reveal the headlines?
If so, place your solutions and questions, if any, in the Comment stream.
-
1. IFLY YAKHZ HNI SNL AK X $PAWVQXPAKH PXQJ
-
2. JURC O KJJU, CTZJ BM UJQ O KTZICU AJ MJLC UOABJUM
-
3. AZXMQS NXP EBW YADS HKJYKCXPBIXKJ BY RCBOK RKQY YKCK
-
4. NZDU IDTT ZXDBWYJ ZQ LD ZDNZDS QC NYMCWT IQBS MCHRBMDN
-
5. JDLNMWOGHP MNLJO MLIR OPLMJ SW CPMTPPH LWWIP, WLID
-
Dave Israel
Overall Water Conditions
Post after Post by one concerned "Wellington" resident appears...
This situation is
NOT EXCLUSIVE to that area....every BODY OF WATER, is affected through out the Village.
Why the delay in receiving the daily alotment
S O L ; Save our Lagoon
We are now isolated from the UCO Lakes and we need to send a SAVE OUR LAGOON signal to all.
Our water level is so low that even the Wellington Lagoons do not communicate anymore with one another.
In the name of the species that are still living in our Lagoon and before they boil and die under the hot Florida sun, somebody got to do something.
There 's Trouble in Paradise and maybe we should call in the Florida Wildlife Federation or the Audubon Society, but before we do that can someone explain why in the name of God we have used only 27,000 gallons of recycled water since last Friday 03/06.
If you are as depressed as I am about lour Lakes, take a peek at our neighbour development, Cypress Lakes and see how in the same environment one can preserve its beauty and the other can destroy it.
Is it Management??? Andre
WHOSE LIEN COMES FIRST
Hi All,
What follows is NOT legal advice; merely researched OPINION
-
There is an interesting controversy on the BLOG regarding whose Lien comes first regarding Real Propery here in CV. The maxim in law would seem to be that Liens are served "In order of perfection"; that is, he who files first is served first. There is a general belief that the nature of the WPRF - Rec Lease implied lien at time of purchase is superior.
-
It is my belief that a Federal Tax Lien on the property would supersede even the WPRF Lien regardless of when the Tax Lien is perfected; there are very few exceptions; EG: The Federal Government may defer to a State Lien in certain circumstances.
-
Please read the following and then place your well considered opinions in the comment stream:
-
As always, in complex matters of Law; some ambiguity pertains; enjoy the read
-
Dave Israel
-
-
Tax Liens and Competing Claims - what order are mortgages and tax liens paid off
-
The truth is often more entertaining than fantasy, and in the case of competing claims to an individual’s property in foreclosure, this is a truism. A proverbial merry-go-round exists between the priority of the Federal government, the various State governments and the claims of other creditor’s such as a mortgagee.
The truth is often more entertaining than fantasy, and in the case of competing claims to an individual’s property in foreclosure, this is a truism. A proverbial merry-go-round exists between the priority of the Federal government, the various State governments and the claims of other creditor’s such as a mortgagee.
-
First in First Serve Generally, in determining what order are mortgages and tax liens paid off, the method is governed by the order of perfection in which the liens came into existence, and to perfect a lien over a debtor’s assets, the creditor must observe the procedural rules that apply to filing the lien.
First in First Serve Generally, in determining what order are mortgages and tax liens paid off, the method is governed by the order of perfection in which the liens came into existence, and to perfect a lien over a debtor’s assets, the creditor must observe the procedural rules that apply to filing the lien.
-
A Federal tax lien arises by way of the law itself, and no action on the part of the Federal government in order to assert the underlying right over a delinquent taxpayer’s property.
-
In the event of the Internal Revenue Service filing a Notice of Federal Tax Lien before another creditor perfects their respective lien, there is no doubt at all that the Federal lien takes precedence.
-
Rules regarding the filing of liens vary between the numerous jurisdictions, but in the United States, while statutory procedures require that the Federal government file the Notice in the state in which the property exists, the legislature has ensured that Federal law survives to the exclusion of State law in this instance.
Rules regarding the filing of liens vary between the numerous jurisdictions, but in the United States, while statutory procedures require that the Federal government file the Notice in the state in which the property exists, the legislature has ensured that Federal law survives to the exclusion of State law in this instance.
-
As a result, the notice given is valid, regardless of the form or wording of the Federal notice, even if not complying with State procedure.
-
The filing of the Federal notice provides the notification demanded of due process of the law, which is a constitutional right, and subsequent competing creditors are subordinate from this time.
The filing of the Federal notice provides the notification demanded of due process of the law, which is a constitutional right, and subsequent competing creditors are subordinate from this time.
-
Numerous Federal Court decisions have upheld this basic right of other creditor’s with respect to notice of a tax lien, and the denial of its observance, in the event of competing creditors, is fatal to a claim against the assets of an individual.
-
Quite apart from real property, statute has allowed a subsequent creditor to take precedence over a Federal lien in the event of the subsequent lien being held over the debtor’s securities, motor vehicles or retail inventory. Further, the Federal law allows a State lien to take priority when the tax applied is based upon the value of the property in issue.
Quite apart from real property, statute has allowed a subsequent creditor to take precedence over a Federal lien in the event of the subsequent lien being held over the debtor’s securities, motor vehicles or retail inventory. Further, the Federal law allows a State lien to take priority when the tax applied is based upon the value of the property in issue.
-
Governments Have Feelings Too A tax lien is the statutory right given to the government over the property in question to recover the tax debt accrued, but of large concern to competing creditors is the enforcement of a Federal levy.
Governments Have Feelings Too A tax lien is the statutory right given to the government over the property in question to recover the tax debt accrued, but of large concern to competing creditors is the enforcement of a Federal levy.
-
In this case, statutory freedom exists for the IRS on behalf of the Federal government to issue a Notice of Intent to Levy and actually seize the property of a taxpayer without any legal proceedings whatsoever.
-
However, the Federal government in its concern for the health of the economy and that of private enterprise, has been known to concede its claim if there exists a mortgagee over the property.
However, the Federal government in its concern for the health of the economy and that of private enterprise, has been known to concede its claim if there exists a mortgagee over the property.
-
Primarily this is due to the government’s seeking to avoid discouraging private enterprise from taking risks and participating in the economy, but this concession is treated with irreverence in a truly curious reality of competing liens over a property owner’s assets.
-
Of course, while the States are inferior to the Federal government in priority over competing claims, they have the temerity to assert priority over a mortgagee; the very beneficiary of the Federal concession.
Of course, while the States are inferior to the Federal government in priority over competing claims, they have the temerity to assert priority over a mortgagee; the very beneficiary of the Federal concession.
-
This contradiction survives to confound and exasperate the holder of a lien deprived of knowledge in regard to the legal implications attending foreclosure, and the assertion of rights by competing creditors.
This contradiction survives to confound and exasperate the holder of a lien deprived of knowledge in regard to the legal implications attending foreclosure, and the assertion of rights by competing creditors.
-
References:
26 U.S.C. SS 6323
Constitution of the United States Article VI cl2
Constitution of the United States, Amendment 14
Mennonite Board of Missions v Adams 462 U.S. 791 (1983)
26 U.S.C. SS 6323(b)
26 U.S.C.SS 6323 (b) (6)
26 U.S.C. SS 7701 (a) (21)
Brian v Gugin 853 F. Supp.358, 94-1 U.S. Tax Cas. (CCH) (D.Idaho 1994)
Gilmore, Grant Security Interests in Personal Property 1999 The Lawbook Exchange
References:
26 U.S.C. SS 6323
Constitution of the United States Article VI cl2
Constitution of the United States, Amendment 14
Mennonite Board of Missions v Adams 462 U.S. 791 (1983)
26 U.S.C. SS 6323(b)
26 U.S.C.SS 6323 (b) (6)
26 U.S.C. SS 7701 (a) (21)
Brian v Gugin 853 F. Supp.358, 94-1 U.S. Tax Cas. (CCH) (D.Idaho 1994)
Gilmore, Grant Security Interests in Personal Property 1999 The Lawbook Exchange
Monday, March 9, 2009
HAS A FELONS RIGHT TO VOTE BEEN RESTORED
Hi All,
Has a Felon's right to vote been restored in Florida?
-
Start Here to find out:
-
-
Welcome to Restore My Vote
-
Do you want to find out if your right to vote has been restored? You’re in the right place!
Do you want to find out if your right to vote has been restored? You’re in the right place!
-
Type your first and last name below. Click submit to search the webpage for your name. Select your name for more information on how you can register to vote
Type your first and last name below. Click submit to search the webpage for your name. Select your name for more information on how you can register to vote
-
People For the American Way Foundation has posted a list of the names, available through a public record request, of more than 250,000 ex-offenders in Florida whose civil rights have been restored (click here for more information). Use the form above to see if your name is on the list. If it is, you must register to vote
People For the American Way Foundation has posted a list of the names, available through a public record request, of more than 250,000 ex-offenders in Florida whose civil rights have been restored (click here for more information). Use the form above to see if your name is on the list. If it is, you must register to vote
before you can cast your ballot in the next election.
-
This site will help you find the information you need.
Here’s some background information on how this came about: in April of 2007, Florida Governor Charlie Crist issued new rules that streamline the clemency process for ex-offenders convicted of non-violent crimes, so long as they paid any victim’s restitution and have no pending criminal charges.
Here’s some background information on how this came about: in April of 2007, Florida Governor Charlie Crist issued new rules that streamline the clemency process for ex-offenders convicted of non-violent crimes, so long as they paid any victim’s restitution and have no pending criminal charges.
-
People For the American Way Foundation has obtained a list of ALL ex-offenders in the state that have received clemency from the earliest data available until October of 2007.
-
If you have any questions about registering to vote or need assistance, please call the Restore My Vote hotline at
If you have any questions about registering to vote or need assistance, please call the Restore My Vote hotline at
1-877-60 RESTORE (1-877-607-3786).
Dave Israel
MAY A RENTER SERVE ON THE BOARD?
Hi All,
-
The following question comes from Fran by Email; I’m sure it will raise some interesting responses by our BLOGGERS:
-
“At our recent election of our association's board members one of the names on the ballot was a renter who had more votes than three other unit members and since we needed 5 board members she was elected. The elections were conducted by Seacrest for us, and the unit owner had submitted to Seacrest with the nomination form, a signed but not notarized letter giving the renter (who is a family member) authority to act as the unit owner's authorized representative. We didn't question the name on the ballot as we thought Seacrest knew what the correct requirements were. Since then we have heard that a renter cannot be a board member, but don't know if it true or not, and if the letter was legal since it was not notarized.
The following question comes from Fran by Email; I’m sure it will raise some interesting responses by our BLOGGERS:
-
“At our recent election of our association's board members one of the names on the ballot was a renter who had more votes than three other unit members and since we needed 5 board members she was elected. The elections were conducted by Seacrest for us, and the unit owner had submitted to Seacrest with the nomination form, a signed but not notarized letter giving the renter (who is a family member) authority to act as the unit owner's authorized representative. We didn't question the name on the ballot as we thought Seacrest knew what the correct requirements were. Since then we have heard that a renter cannot be a board member, but don't know if it true or not, and if the letter was legal since it was not notarized.
Thanks for any comments on this situation”.
------------------------------------
Very neat question Fran;
just complex enough for me to recommend that you seek the opinion of an Attorney.
------------------------------------
Very neat question Fran;
just complex enough for me to recommend that you seek the opinion of an Attorney.
-
I will point out a few items from Florida Statute 718.
I will point out a few items from Florida Statute 718.
-
I believe the letter appointing the Renter as the Unit Owners Authorized Representative is of minimal weight; Notarized or not.
I believe the letter appointing the Renter as the Unit Owners Authorized Representative is of minimal weight; Notarized or not.
-
I think this issue is dealt with in the Statute, but not unambiguously:
-
Hence in my opinion; your Renter is ineligible for election unless your Bylaws specifically allow for such a provision.
---------------------------------------
718.112(2)(d)1. There shall be an annual meeting of the unit owners. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. If there is no provision in the bylaws for terms of the members of the board, the terms of all members of the board shall expire upon the election of their successors at the annual meeting. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. (see below) A person who has been convicted of any felony by any court of record in the United States and who has not had his or her right to vote restored pursuant to law in the jurisdiction of his or her residence is not eligible for board membership. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.
-
718.112(2)(d)3. 3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. Any unit owner or other eligible person (See Below) desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election
----------------------------------------
eligible person other than unit owners, would be anyone expressly permitted by the bylaws or other governing documents, e. g. corporate officers, in the case of a unit owned by a corporation, may serve if expressly permitted by the governing documents. Non-owning spouses of unit owners may serve, if the governing documents expressly permit it.
-
SEE ALSO: http://www.ccfj.net/CCFJBoardmemberowner.htm#1
-
Dave Israel
Hence in my opinion; your Renter is ineligible for election unless your Bylaws specifically allow for such a provision.
---------------------------------------
718.112(2)(d)1. There shall be an annual meeting of the unit owners. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a director's term shall be filled by electing a new board member, and the election shall be by secret ballot; however, if the number of vacancies equals or exceeds the number of candidates, no election is required. If there is no provision in the bylaws for terms of the members of the board, the terms of all members of the board shall expire upon the election of their successors at the annual meeting. Any unit owner desiring to be a candidate for board membership shall comply with subparagraph 3. (see below) A person who has been convicted of any felony by any court of record in the United States and who has not had his or her right to vote restored pursuant to law in the jurisdiction of his or her residence is not eligible for board membership. The validity of an action by the board is not affected if it is later determined that a member of the board is ineligible for board membership due to having been convicted of a felony.
-
718.112(2)(d)3. 3. The members of the board shall be elected by written ballot or voting machine. Proxies shall in no event be used in electing the board, either in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter. Not less than 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. Any unit owner or other eligible person (See Below) desiring to be a candidate for the board must give written notice to the association not less than 40 days before a scheduled election
----------------------------------------
eligible person other than unit owners, would be anyone expressly permitted by the bylaws or other governing documents, e. g. corporate officers, in the case of a unit owned by a corporation, may serve if expressly permitted by the governing documents. Non-owning spouses of unit owners may serve, if the governing documents expressly permit it.
-
SEE ALSO: http://www.ccfj.net/CCFJBoardmemberowner.htm#1
-
Dave Israel
Sunday, March 8, 2009
TV INTERFERENCE
Hi All,
You may have noticed occasional interference on your TV. This is due to the position of the sun relative to the satellite receiving antennae. This may be expected to continue until March 15, 2009; between the hours of 1:00pm - 4:00pm.
Dave Israel
Cable Chair
You may have noticed occasional interference on your TV. This is due to the position of the sun relative to the satellite receiving antennae. This may be expected to continue until March 15, 2009; between the hours of 1:00pm - 4:00pm.
Dave Israel
Cable Chair
Deluxe Lift Station
The third CV deluxe lift station is online. We used to have the simple red pump, then 9 months of noise and construction. Now the finished product. It is more elaborate than the station near Haverhill 4-ways. See SCADA technical info in the archives August 6, 2008. The white ‘house’ holds batteries that will keep the waste flowing out of the village even in case of power outages.
For other problems of power outages, you are on your own.
Saturday, March 7, 2009
VP Dress Uniforms
Time to dude up the VPs. Sell your old gold to make mayoral (or VP) chains, and a few ideas for VP robes and uniforms from the U.K. CV is bigger than many of these towns. Who wants to be town crier?
WATER BY THE NUMBERS
Water Gauge at Reclaimed Water Effluent Pipe. 03/07/2009-
Water, water, every where, And all the boards did shrink; Water, water, every where, Nor any drop to drink. *
-
It may be seen in the archives of this BLOG that the Reclaimed water faucet was activated on Feb. 7, 2008. Since then, approximately 396 days have elapsed. Computing at the contract rate of 750,000 gallons per day, we arrive at a volume of 297,000,000 gallons that we were permitted by contract.
-
What have we taken to date?
-
Your newly elected VP went on a field trip to the Reclaimed water facility this morning and have taken a reading:
-
168,230,310 Gallons.
-
Thus we have left 128,769,690 gallons unexploited, while dutifully paying over $3,200.00 per month, of Unit Owner money, for the privilege of having this infrastructure on our Campus.
-
Based on a surface area of 64 Acres of waterways in CV one may readily compute that 1 inch of depth equates to 1,737,874 gallons.
Thus we have lost some 74 inches of depth, just a bit over 6 feet.
-
Now, take a walk to any point on our Shoreline and view the devastation wreaked by yet another example of UCO poor judgment.
-
We should immediately open the valve and take every gallon that is still owed to us, and continue taking our contractual limit until our Lakes and canals are restored to their maximum beauty.
-
Dave Israel
-
* The Rime of the Ancyent Marinere
by: Samuel Taylor Coleridge 1797
A Note of Thanks.
I'd like to take this opportunity to thank the 98 delegates who voted for me....
we were unsuccessful this time, but I shall not fade into the sunset...
As a result of being a candidate, I have met many residents, who are experiencing
horiffic problems within their buildings, from no one at the helm, to those that
have a "Dictator" running the show...The time for change is now...If anyone out
there, reading this is currently Uninvolved, please become Involved....It's your
HOME, whether it be year round, or seasonal..you can make a difference!
Yes, you may have to rearrange your schedule somewhat, but the end result,is worth
the sacrifice..
Looking ahead to next year's election, do not be discouraged by the antics of this
year's "Election Board" a farce in its self. Hopefully, the likes of which will
be modified or eliminated altogether and make it a 'DEMOCRATIC' PROCESS, open to
ALL!
I am DELIGHTED in Knowing that Frank Cornish, now has the SUPPORT OF TWO OTHER
INDEPENDANT VP'S, namely David Israel & Bob Marshall...and the return of
some Executive Board Members, such as Dan & Randall, to name a few. My Best to all.
Bettie Lee Bleckman
Where is the Water?
I just read Andre's blog re water coming in. As you can see It is still pretty dry where the water comes in. I took these photos Friday afternoon. the second photo is from behind the Dorchester pool. The water was bubbling but are there pipes to bring in water there? I don't know. The dead grass you see in the top of the photo is the Bahama grass that was put down about a week ago over plastic. When it rains it will be green, hopefully. The third photo was taken from the footbridge on the north end of the village going to the Hastings gym and pool and looking east. The last picture is also taken from the footbridge looking west. I'm glad we got all that water. I can't find it.
Friday, March 6, 2009
Water is raising in the lakes
I was surprised to see this morning that according to my own gage system, the water seemed to have raised a little bit in the canal next door. I went and checked the meter of the recycled water and yes we purchased over 5,800,000 gallons so far this week which is twice our normal quota of 750,000 a day. Maybe the Executive meeting has produces those results. We are still far away from an acceptable level of water but when things are moving in the right direction we should encourage those responsible and congratulate them. That is what I am doing here. Andre
PRELIMINARY ELECTION RESULTS
Hi All,
Following are preliminary counts: Those noted in red are elected.
----------------------------------------------------------------------
FOR VICE PRESIDENT OF UCO:
Claudette LaBonte....................122
Dave Israel.................................171
Bob Marshall.............................154
---------------------------------------------------------------------
FOR EXECUTIVE BOARD:
Michael Rayber........................67
Dot Loewenstein.....................148
David Bernstein.......................144
Lori Torres................................129
Olga Wolkenstein....................115
Sal Bummolo............................185
Syd Kronish..............................118
Marie Oliver.............................143
George Franklin.......................128
Loise Gerson............................139
Jeanette Veglia.........................139
Haskell Morin..........................138
Joseph Saponaro.....................134
Dan Gladstone.........................228 (Dan is our top vote getter)
Phil Shapkin............................127
Bettie Bleckman......................98
Ted Silverman..........................133
Irv Lazar...................................157
Jackie Karlan...........................126
Randall Borchardt...................151
David Frankel..........................109
Sandy Cohen............................156
These are preliminary results, which I have hand transcribed, so errors are possible. The Official results will be posted on the UCO Bulletin Boards at The UCO Office, the Main Clubhouse and at Hastings Clubhouse.
To those who supported me I am truly thankful and to those who did not support me I hope to serve all of the Unit Owners of CV with equal vigor and results.
To those who ran but were not elected; thanks, in advance, for your continued efforts in service to the Village, and better luck next time.
Dave Israel
VP UCO Elect
Thursday, March 5, 2009
WHO ARE YOU GOING TO VOTE FOR?
Hi All,
-
I know none of our BLOGGERS want to see political statements on our BLOG; however, realistically, it is the only “wide scale” outlet that your BLOGMEISTER has to reach The People, I have no campaign committee.
I know none of our BLOGGERS want to see political statements on our BLOG; however, realistically, it is the only “wide scale” outlet that your BLOGMEISTER has to reach The People, I have no campaign committee.
-
Ms. LaBonte on the other hand has the considerable power of the “UCO machine” on her side. Some of them have orchestrated a broad campaign using components of the Usher Corps to distribute campaign literature and to make telephone calls on her behalf. A sitting VP of UCO regularly extols her praises at meetings he conducts.
Ms. LaBonte on the other hand has the considerable power of the “UCO machine” on her side. Some of them have orchestrated a broad campaign using components of the Usher Corps to distribute campaign literature and to make telephone calls on her behalf. A sitting VP of UCO regularly extols her praises at meetings he conducts.
-
She uses her position on the Usher Corps to glad-hand attendees at every Clubhouse show; while UCO causes WPRF to deny me the same privilege.
She uses her position on the Usher Corps to glad-hand attendees at every Clubhouse show; while UCO causes WPRF to deny me the same privilege.
-
Claudette is using her UCO machine support and selected Ushers to distribute two letters; A “Dear Delegates” letter and A “Claudette’s Challenge” letter.
Claudette is using her UCO machine support and selected Ushers to distribute two letters; A “Dear Delegates” letter and A “Claudette’s Challenge” letter.
-
Claudette’s Challenge states that “She listens, and pays attention, to our problems”, “She analyses the situation and finds a solution” and she persists until her goal is reached”
Claudette’s Challenge states that “She listens, and pays attention, to our problems”, “She analyses the situation and finds a solution” and she persists until her goal is reached”
-
Those of you who read this BLOG, know that your BLOGMEISTER make every effort to listen to Unit Owner questions and research legal references in response.
Those of you who read this BLOG, know that your BLOGMEISTER make every effort to listen to Unit Owner questions and research legal references in response.
-
I do not blindly follow any Party or Regime; every issue is examined and researched; these are the skills I would carry forward as Vice President of UCO.
I do not blindly follow any Party or Regime; every issue is examined and researched; these are the skills I would carry forward as Vice President of UCO.
-
OK! Now let’s look at Claudette’s recent accomplishments!!
OK! Now let’s look at Claudette’s recent accomplishments!!
-
1) Expenditure of thousands of our dollars to build a place in the Clubhouse Parking lot for a Mobile Postal Van. Where is the Van?
-
2) Advocating for the position of the Bus Company to let the bus engines continue to idle at the Clubhouse and at Publix, thus burning our money on gas while the Bus sits and goes nowhere. The cost of this nonsense is in excess of $25,000.00 per year, and pollutes our air.
-
3) Losing her temper regularly at the Clubhouse with patrons and our Security force.
Fine work indeed and to be expected to continue if she is elected as UCO VP!
1) Expenditure of thousands of our dollars to build a place in the Clubhouse Parking lot for a Mobile Postal Van. Where is the Van?
-
2) Advocating for the position of the Bus Company to let the bus engines continue to idle at the Clubhouse and at Publix, thus burning our money on gas while the Bus sits and goes nowhere. The cost of this nonsense is in excess of $25,000.00 per year, and pollutes our air.
-
3) Losing her temper regularly at the Clubhouse with patrons and our Security force.
Fine work indeed and to be expected to continue if she is elected as UCO VP!
-
Please consider where Claudette’s support comes from and her fine accomplishments noted above and then vote for Dave Israel and Bob Marshall for Vice President of UCO.
-
Dave Israel
Please consider where Claudette’s support comes from and her fine accomplishments noted above and then vote for Dave Israel and Bob Marshall for Vice President of UCO.
-
Dave Israel
MORE ON FORECLOSURES FROM THE SUN SENTINEL
Hi all,
Here are two articles by Daniel Vasquez from the Sun Sentinel:
Do not miss the Video.
-
-
Here is a possible helping hand to investigate:
-
West Palm Beach expands foreclosure assistance center:
West Palm Beach expands foreclosure assistance center:
> Posted by Paul Owers on February 17, 2009 at 3:53 PM
-
Banks temporarily are halting foreclosures, and now the city of West Palm Beach is expanding its foreclosure assistance center.
The office on Fern Street previously helped city residents only. Now homeowners across Palm Beach County can visit the center at no charge.
Banks temporarily are halting foreclosures, and now the city of West Palm Beach is expanding its foreclosure assistance center.
The office on Fern Street previously helped city residents only. Now homeowners across Palm Beach County can visit the center at no charge.
-
“This expansion is great news for Palm Beach County’s homeowners,” Mayor Lois Frankel said. “Thanks to our new partners, we’re going to be able to serve many families that we would have had to turn away in the past.”
“This expansion is great news for Palm Beach County’s homeowners,” Mayor Lois Frankel said. “Thanks to our new partners, we’re going to be able to serve many families that we would have had to turn away in the past.”
-
For more information, call (561) 822-1583 or visit wpb.org.
For more information, call (561) 822-1583 or visit wpb.org.
-
Dave Israel
Dave Israel
Wednesday, March 4, 2009
COULD THIS BE THE 'KISS OF DEATH'
Using Ushers, or perhaps friends? to TRESPASS, ON ASSOCIATION PROPERTY, BY POSTING
OF PERSONALS SUCH AS "CLAUDETTE'S CHALLENGE" AND "DEAR DELEGATES" IS AN ACT OF
DESPERATION, CREATED BY THE "STRATEGISTS", WHO HAVE BEEN OBSERVED AT TUESDAY NIGHTS
KARAOKE, WHICH DID NOT INCLUDED MS. LABONTE, THE ORIGINATOR OF THE MOTION TO CANCEL
THIS LEAST EXPENSIVE FORM OF ENTERTAINMENT( ONLY TO HAVE IT OVERTURNED THE FOLLOWING MONTH Due in fact to 200 plus, Residents' signatures' on a Petition created by the WRITER,OR Messrs. BUMMOLO, GLADSTONE,SHAPKIN, Ms.LOEWENSTEIN ( one of the signatures, I personally obtained) It may be noted, that with the exception of
of one or two individuals, who were NOT EX. Board Members, 2008...all of the others
supported Ms. LaBonte's motion...AND there are those, who not only coerced a great
many of the residents, in supporting a DOOMED,law suit, from the get go..and are
now asking FOR YOUR SUPPORT? ONE WOULD HAVE TO BE PSYCHOTIC!
LOOKING STUFF UP - WHO HAS A MORTGAGE?
Hi All
As you may be aware, our documents require that Unit Owners who obtain Mortgages, so inform the Board of Directors. As many of you are finding out; most do not so inform. The first The Board becomes aware is via a foreclosure notice and of course termination of Condo Fee payments.
As you may be aware, our documents require that Unit Owners who obtain Mortgages, so inform the Board of Directors. As many of you are finding out; most do not so inform. The first The Board becomes aware is via a foreclosure notice and of course termination of Condo Fee payments.
-
So, how does a Board protect the Association from such dearth of knowledge and the potential consequences of such ignorance?
-
It turns out that all such Mortgages are matters of Public Record and can be easily researched; along with many other types of Documents.
-
How might one proceed? This is a simple but powerful multi-step process if you want to do it right. Start with a list of names of the Unit Owners in your building and click on the following URL:
--
https://www.myfloridacounty.com/serv/MyFloridaCounty/ORI/Order?thisPage=MyFloridaCounty.ORI.Order.state.Start
-
Enter the name and Select the type of document you want to search for; for example; "Mortgage"
Fill in the appropriate Parameters and submit your Search.
-
That takes you to a page Showing all the Mortgage filings for the selected Unit owner. The page implies that you must purchase the document in order to read it. It is NOT necessary to purchase the desired document.
That takes you to a page Showing all the Mortgage filings for the selected Unit owner. The page implies that you must purchase the document in order to read it. It is NOT necessary to purchase the desired document.
-
Simply write down the BOOK/PAGE numbers and go to the Clerk of the Court Official Records Search Site:
Simply write down the BOOK/PAGE numbers and go to the Clerk of the Court Official Records Search Site:
-
-
Click on "accept"
-
Then select the BOOK/PAGE Tab and plug in the numbers you retrieved above and bingo your document may be seen in Adobe Format.
Then select the BOOK/PAGE Tab and plug in the numbers you retrieved above and bingo your document may be seen in Adobe Format.
-
Knowledge is indeed power, the proper course of knowledge is action; how you proceed as a Board member is up to you!
-
Give it a try and please advise if there are any questions.
-
Dave Israel
Give it a try and please advise if there are any questions.
-
Dave Israel
Tuesday, March 3, 2009
MORTGAGE FORCLOSURES - EFFECT ON ASSOCIATIONS
Hi All,
The following question comes from the CV Q & A:
-----
Author: Jules Sitnick (---.miatflad.dynamic.covad.net)
Date: 03-02-09 09:47
Unbeknownst to the Board of our condo association, one unit owner, who is renting his unit, re-financed his unit and the lending institution has now served him with a foreclosure notice. How does this affect the building? How do we collect our monthly maintenance? Is the lending company now liable for the monthly payments? What happens to the money the renter would normally pay to this unit owner? Any enlightenment would be greatly appreciated.
------
Before we launch into this the following advice is given: Engage an Attorney.
Just a few thoughts:
You are not alone; many folks in CV obtained Mortgages shortly after the hurricanes because they were not insured or they were underinsured. Others took out Mortgages at the height of the Reality Bubble, simply to tap into the equity in their Apartment.
Now, Home prices and thus equity have plummeted and interest rates on Mortages have escalated and many in CV as in the Nation are "Under Water"
When a Unit defaults, the Association must still pay it's bills. If they do not have robust Reserves the remaining Unit Owners must make up the difference, it is as simple as that.
There is a process that you MUST follow; in essence it goes like this:
1) Letter of demand.
2) Letter of intent to file a "Claim of Lien"
3) Filing of the "Claim of Lien"
4) Foreclosure
This is a Laymans description of a complicated process; there are many questions about who is first in line, EG:
1) Federal Taxes /State Taxes
2) W.P.R.F., Inc. (By way of the Rec. Lease)
3) Bank
4) The Association.
If the Bank takes Title; they are responsible for the Condo. Fees (for a short time); so many banks move slowly. There are changes in the legislature on this matter in train. (2009 session / J. Robaina / HB 1397)
Inaction is toxic; do not take on this process on your own; I say again,
GET AN ATTORNEY very early in the process..
Your attorney may be able to get a judge to divert the rent to the Association, this has happened in the past here in Florida. (2009 session / J. Robaina / HB 1397)
Good Luck Jules.
Dave Israel
Grass for our lake shores
What is the name of that special resistant grass that someone wrote about in a previous blog? I searched but could not find it. Thank you Andre
Calling Frank Cerabino
Your newspaper is giving away a Lilly Pulitzer Monopoly game to readers who send in pictures of themselves wearing her fashions. What next, Marley & Me Monopoly where every playing piece is a dog? Guess the other paper in town will handle that one; their columnist made Marley a star and the county dog city. (Seriously speaking, you should run a column about the various variations of Monopoly, or delegate it to Staci for Accent. It's kinda goofy how, after paying a kajillion dollars to Warner Bros. for a Batman edition, they can change Marvin Gardens into Commissioner Gordon's office.)
Sunday, March 1, 2009
WHO OWNS WHAT - WHO GETS TO MAINTAIN IT?
WHO OWNS WHAT AND WHO GETS TO MAINTAIN IT?
-
Word of the day: Riparian = Relating to the bank of a stream or lake
-
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
-
The Deed reflecting this purchase may be seen at the following reference.
-
http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=7361890&file_num=19820008326
-
Word of the day: Riparian = Relating to the bank of a stream or lake
-
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
-
The Deed reflecting this purchase may be seen at the following reference.
-
http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=7361890&file_num=19820008326
-
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 Accounts.
-
This brings us to the matter of Shoreline restoration.
-
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. 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? 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 route.
-
Now please allow me to provide a reference for you to consider; it may seem, at first, a severe violation of the “Apples and Oranges” principal; I submit it is not so. Our Waterways, by circuitous route, tie in to the ecosystem of the region the following reference will provide some scope of the issues involved from a broader prospective. I hope you enjoy the following report.
---
“Riparian ecosystems are the canaries in the coal mine.
They give warnings of erosion and pollution problems
that threaten forest streams, rivers, lakes, and ocean fronts
across the Nation. They further warn that when
water quality is impacted, the fundamental ecology is
deeply disturbed.”
-
REF: http://www.fs.fed.us/publications/soil-bio-guide/
-
Dave Israel
CV Sandbox
AKA north canal, I was too happy with the midweek waterfall, it was a 2 ½ day wonder.
Photos from Grace of rapidly drying canal on Saturday. Water stopped.
What the !! croak !!
WHAT IS IT ?
PSYCHEDELICA-
A funky psychedelic fish that bounces on the ocean floor like a rubber ball has been classified as a new species, a scientific journal reported.
-
The Frogfish - which has a swirl of tan and peach zebra stripes that extend from it's aqua eyes to it's tail - was initially discovered by scuba diving instructors working for a tour operator a year ago in shallow waters off Ambon island in eastern Indonesia.....!
-
REF:
-
Dave Israel
Subscribe to:
Posts (Atom)
