went to UCO office per directive from one of my assn bd members because I wanted to know what is LTR? life time resident and needed to understand what that entailed, entitled, etc. My elderly mom living w/ me/name not on deed/ she is severly arthritic and is not happy about having to get her ID renewed at clubhouse each year as it entails a PalmTran trip ----she is in wheelchair.
So I go to UCO; gentleman describes to me exactly what bd member told me and I sign a clipboard/wait my turn. Lovely lady asks me was my mother ever investigated and I said yes of course when I was purchasing. Lovely lady said well that's it - your assn will renew her every year and she gets new ID/ no such form as LTR - doesn't exist. doesn't mean anything.
(big breath here) so I am asking ----what does that LTR that I see after some neighbors names mean? afford? etc ---they are persons who are not owners---I am just trying to determine if there is some way to avoid the mom having to get new ID every year as it becomes more and more difficult for her. Thanks.
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Your BLOGMEISTER responds:
I spoke to Anita Cruze this morning, 17 Dec. 2009. I am pleased to advise that this is a solved problem. WPRF has a program in place wherein the ID Office will send a camera man to your unit to take the yearly photo.
Simply call the ID Office and advise them of the Handicap situation.
Dave Israel
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Hi Mag.,
ReplyDeleteVery interesting question:
What follows is NOT to be considered legal advice:
LTR = Life Tenancy with Remainder.
This definition defines two distinct classes of OWNERSHIP.
The Life Tenant has a Life Estate in the property wherein he/she has the right to reside for life. Upon death, the property passes to the second class of Ownership known as the Remaindermen (EG - Parent to child or children).
Why bother? A principle benefit is, upon death the passage of ownership occurs without the need for Probate, another benefit arises in "Medicaid situations" related to seizure of property of nursing home patients with limited funds.
There are other benefits related to taxation.
I have never heard of problems with ID cards for the Life Tenant; but when death occurs and the Remainderman/men arrive to live in the unit; I have observed a yearly renewal requirement which originates from WPRF.
It is a bit tricky as to the Associations right to investigate such persons; as Title has passed by way of the LTR Deed or other instrument.
I personally believe that in this case and by the way in the case of Title transferred thru Probate; it makes sense to find out if there is a Criminal background and also if the new owner/s have the financial ability to pay Condo. fees. Thus investigation seems warranted; even though the Boards right to Approve for Ownership has been obviated.
I believe, subject to confirmation, that there is an appropriate form at UCO to deal with this situation. I will investigate on Monday.
Dave Israel
December 11, 2009 7:19 PM
Hi Mag,
ReplyDeleteFollow up research reveals the following Site:
http://www.susanmooney.com/estate-link5.htm
A far better explanation by an Attorney.
Dave Israel
thank you very much as always -
ReplyDeleteExcellent reference, Dave. Permit me to further opine on this matter.
ReplyDeleteIssue: “I am just trying to determine if there is some way to avoid the mom having to get new ID every year as it becomes more and more difficult for her”
Facts: Mother is severely disabled; has been investigated; resides with the owner; is presently required under the procedures of WPRF to renew her ID on an annual basis and in person (for photo); requires a letter of renewed tenancy from the Board of Directors of the Association; requires a reasonable accommodation for a disability from WPRF so as not to have to personally appear at ID Office at clubhouse for renewal (on an annual basis). I see no evidence from this post that there is any need or desire by the present owner to alter the deed.
Solution: Request from WPRF a reasonable accommodation for a severe disability. There should be no need to take a new photo on an annual basis if photo is archived in the database. Daughter should be granted the ability to renew ID for her mother on an annual basis.
As a Vice President of UCO, Dave, may I suggest that you advocate for this party by contacting Anita
Cruz directly, and/or bring it up at the next Operations Committee meeting. Your intervention in this matter would most probably achieve the desired purpose of creating a reasonable accommodation to rules, practices, policies and procedures of WPRF, which would benefit many residents in the Village in substantially similar circumstances. You may also want to suggest that among the qualification guidelines for such a reasonable accommodation, persons bound to wheelchairs shall automatically be granted such accommodation.
Hi Randall,
ReplyDeleteDecember 12, 2009 9:04 AM,
An excellent idea.
Dave Israel
Randall and Dave, hope this idea becomes reality not just for my mom but as stated for others in the same situation ---if there is anything I can or should do, I am ready and able!
ReplyDeleteMag,
ReplyDeleteDave is taking the lead on this one. At this stage, just wait for him to explore this issue and he'll make his findings known.
I am in agreement that investigation is in order even though title passes through inheritance. The deed holder has the right to own, but may not have the right to reside if investigation turns up a problem background.
ReplyDeleteIt has always been the policy of WPRF to issue ID's annually for renters and persons not on the deed. Reasonable requests for changes, such as handicapped residents should be evaluated on an individual basis.
It is my understanding that if you can get a statement signed by your building president and show it to WPRF, you can get a permanent ID -- no need to have it annually renewed.
ReplyDeleteIf a president's statement is acceptable, then rules have changed over the years. However, if the person has already resided for a few years, it might be considered. Otherwise residents who are not on the deed could move out at anytime with the permanent ID. Another way to go would be to require a deposit for a permanent ID to be turned in when the persons moves. Again, for handicapped residents only.
ReplyDeleteI don't mind taking the assn letter for renewal up to wprf once a year -I'm mobile! would be fine just not having to force the homebound person to go up to WPRF every year. A slight accomodation is fine ---not total elimination of protocol.
ReplyDeleteMag -- yours sounds like the perfect solution and should be presented to WPRF for consideration, if they do, in fact, accept presidents' letters. It would be very considerate if they would allow it for your Mom.
ReplyDeleteruthphild -see dec 13 post here - Dave Israel working on it--just another reason why he s/b president!
ReplyDeleteViva Dave! Thank you ---hopefully others in the same situation will become aware of this accomodation! This news will be a wonderful Christmas gift to my mom. On her behalf also, thank you!
ReplyDelete