This Is our Village

Saturday, October 30, 2010

Lakes of CV

I am interested in the history of the lakes here at century village. Were they there when the village were built ? Did the water come from below ground, like a well,or were the lakes man made? Thanks for any information you can give me.
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Your BLOGMEISTER replies:

Hi Gerry,
This is such a neat question due to it's scope and importance:
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Your question leads to an incredible complexity of Statute and Administrative Code. The complexities of FS-718 pale to insignificance, compared to the arcanum inherent in the Flood Control projects of Florida.


The bodies of water we picturesquely refer to as Lakes and Lagoons, are in reality retention ponds, reservoirs and drainage canals. The fundamental overarching concept is about Surface Water Management and Flood Control. Many parts of Florida are not far above Sea Level (The Clubhouse is at 16 feet (at grade)) and would be subject to devastating floods if not for the complex matrix of Flood control mechanisms. The engineering is fascinating and I highly recommend the research required to sus things out; you will be amazed!


The simple answer to your question is that all of our “lakes and Lagoons” are manmade, and were required by Statute and Code. I have provided an excellent slide show below, labeled FS 373.414 and also a reference to Florida Administrative Code, Chapter 62-346; these are just the beginning and will point you to additional references. Enjoy!!


FAC Chapter 62-346
https://www.flrules.org/gateway/view_notice.asp?id=7150178

FS 373.414
http://www.chnep.org/Events/reservoirs/Presentations/Gillen.pdf

Dave Israel
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very big mistake

THERE IS A HUGE ERROR IN THIS ISSUE OF THE REPORTER REGARDING THE DMV COMING INTO THE VILLAGE. THE REPORTER HAS IT COMING ON NOVEMBER 1,2010 BUT IT IS COMING ON NOVEMBER11,2010. MAYBE THE FOLKS OVER THERE NEED A NEW PROOF READER. THIS IS NOT THE ONLY TIME ERRORS HAVE BEEN MADE IN THE REPORTER. I HAVE BEEN GETTING CALLS AT HOME REGARDING THIS. PLEASE PASS THE WORD AROUND IF YOU CAN THAT THE DATE IS THE 11TH NOT THE 1ST. THANK YOU

Friday, October 29, 2010

ADA Amendments Act (2008)

The CV Blog is a wonderful vehicle which could be used for, among other purposes, education relating to condominium operation and management. As I sift through important and relevant issues, I will share them with you instead of simply gaining knowledge because I enjoy doing so.

The ADA Amendments Act of 2008 (effective January 1st, 2009) makes significant strides in regard to the change in interpretation of important definitions relating to disabilities. These revised and enhanced definitions also effect the interpretation of the Fair Housing Act, which is of greater concern to residents and boards of Century Village as it relates to housing and reasonable accommodations. A few Supreme Court decisions in the past decade have slowly eroded the protections for the disabled, which runs contrary to the original intention of Congress. These decisions were based on the Court’s interpretation of who was considered “disabled,” and was considered too restrictive and not in keeping with the spirit of the ADA. Since Florida Statutes mimic the Federal guidelines, lets start with statute.

Chapter 760.20-760.37 Florida Statutes is the Fair Housing Act. The term “handicap” used in Florida Statutes is equivalent to the term “disability” and therefore, the changes in the interpretation of what constitutes a disability through the ADA Amendments Act, also applies to handicapped persons.
760.22 (7) “Handicap” means:

(a) A person has a physical or mental impairment which substantially limits one or more major life activities, or he or she has a record of having, or is regarded as having, such physical or mental impairment; or

(b) A person has a developmental disability as defined in s. 393.063

The “ADA Amendments Act of 2008” revises the definition of “disability” to more broadly encompass impairments that substantially limit a major life activity. The amended language also states that mitigating measures, including assistive devices, auxiliary aids, accommodations, medical therapies and supplies (other then eyeglasses and contact lenses) have no bearing in determining whether a disability qualifies under the law. Changes by the Act also clarify coverage of impairments that are episodic or in remission that substantially limit a major life activity when active, such as epilepsy or post traumatic stress disorder. This Act states that Congress rejects the notion that to be substantially limited in performing a major life activity under the ADA "an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives” and conveys that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis.

Under 760.23(9) F.S. it is unlawful to discriminate in housing based on a disability (among other protected classes) by:

(a) A refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises; or

(b) A refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

A Big Lemon For Comcast

I would like to throw a whole lemon tree at Comcast. I have no phone service nor Internet. I am in the cloubhouse on WIFI. I don't know if we are on Comcast here but if so then it is a business account. I was just told there was a problem in my area. It seems there are also lucky subscribers in my area, whatever that means. When this is over I will ask for a credit and investigate going back to a real phone service. Comcast phone is no bargain.

Thursday, October 28, 2010

CONFUSED ABOUT AMENDMENT 4?


CALL Alert for for October 26, 2010 - CALL Alert -


Dear David Israel,


On November 2nd you have the opportunity to vote on an amendment to the Florida Constitution known as Amendment 4. The amendment is also known as “Hometown Democracy” or “Slow-Growth Amendment.” The amendment addresses a very important topic with many Florida citizens expressing strong opinions on both sides of the issue.


Amendment 4's official ballot title is:


Referenda required for adoption and amendment of local government comprehensive land use plans.


The official ballot summary is:


Establishes that before a local government may adopt a new comprehensive land use plan, or amend a comprehensive land use plan, the proposed plan or amendment shall be subject to vote of the electors of the local government by referendum, following preparation by the local planning agency, consideration by the governing body and notice. Provides definitions.


The initial goal of the amendment was to require a vote for land use plan changes. There is some disagreement between the two groups either in favor of the amendment or against the amendment whether ALL changes to the comprehensive plan are affected or just changes to the land use plan section of the comprehensive plan. One reason for this confusion is that nowhere in State Statute is the term “local government comprehensive plans” used or defined. The comprehensive plan is the State mandated planning document required for all local governments to guide their budgeting, capital improvements, infrastructure upgrades, future growth and many other day-to-day government operational issues.
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Accommodating future population growth, also known as land use plan amendments, is the area that most supporters of Amendment 4 are most concerned with. Proposals to change land-use plans are reviewed by the local planning commission, then announced and discussed at public hearings. County and City Commissioners then decide on the changes after recommendations are prepared by various state agencies and approved by the Florida Department of Community Affairs. This amendment, if adopted, would then require a public referendum before the proposed changes are implemented. However, under the Amendment 4 scenario updating the budget to reflect new grant revenue and funding water and sewer improvements would require a vote of the electorate. Emergency projects and needed improvements may have to wait until adequately reflected in the capital improvement element.

According to a report prepared by an online encyclopedia, there were over six thousand (6,000) changes to local comprehensive land use plans in a single year. If even half of that amount required a public vote, the cost to taxpayers could be substantial, regardless of whether many proposals are lumped together on one ballot. The opponents of Amendment 4 contend that the costs and inevitable delays of public referenda could have a chilling effect on development and adversely impact the economic recovery.


This is a complex and important issue. Accordingly, CALL encourages its members to educate themselves on this issue and to make an informed decision before casting their ballots in the upcoming election.
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This e-mail was sent by the Community Association Leadership Lobby located at 3111 Stirling Road, Ft. Lauderdale, FL 33312 in the USA. To receive no further e-mails from "CALL", please reply to this e-mail with "unsubscribe" in the Subject line.





Wednesday, October 27, 2010

Walk Over North Canal Garden

















I want to give a big thanks to our Dorchester neighbor, John Moser for the beautiful garden that he is planting just over the foot bridge at the north canal going to Hastings and the gym. I have been told that we do not own the property across the foot bridge although it is within the fence. I walk over the bridge every morning and it was an overgrown mess that our beautification committee probably didn't even know about. Many people walk over the bridge going to the gym from the north end of the property. It looks like it is still a work in progress and of course all the many plants which John has planted are still infants in their growth. There are also many little signs to read as you walk by. They are, Yesterday Is History, Tomorrow Is A Mystery, Today Is A Gift, That Is Why We Call It The Present, Have A Nice Day. There is also a birdfeeder hanging from a tree on the side. What a little paradise! Again, thank you John.



Tuesday, October 26, 2010

TO FORECLOSE OR NOT TO FORECLOSE - THAT IS THE QUESTION

 http://www.floridacondohoalawblog.com/
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Posted on October 20, 2010 by Kevin Miller


The Association's Decision to Foreclose


In nearly every case where a first mortgage of record exists on a property, the association's lien is subordinate or inferior to that mortgage. This means if an association elects to foreclose its lien and takes title to the property, it will take title subject to the right of the first mortgagee to foreclose its mortgage. Associations in the past were reluctant to foreclose when the mortgagee already commenced its own foreclosure action or when the value of the property did not exceed the amount of debt secured by the first mortgage. That's changing now.


Associations are now making the decision to foreclose more often under these circumstances. The primary reason for this is serious delay in the prosecution of the mortgagee's foreclosure case. These delays are brought on by a variety of factors including the sheer volume of cases handled by the mortgagee's law firm, protracted efforts to work with the borrower either to short sale the property or modify the loan, problems associated with serving necessary parties with the foreclosure complaint or locating original documents that are to be filed with the court, back log in the courts and even strategic decisions by mortgagees to slow down the process.


In some cases, associations can obtain favorable results when foreclosing, even against properties that have fair market values below their mortgaged amount. Sometimes the homeowner has the means to pay the association but has elected to spend money on other concerns. Because foreclosure results in the owner losing title to the property, if the owner has the means to pay and does not desire to walk away, they pay rather than lose title. Foreclsoure can be a powerful deterrent for owners who have the means to pay but elect not to or to pay late because they hear others doing the same. Another option is the association's right to rent the property once it takes title, if permitted by the association's governing documents. For some associations, the rental market is favorable and significant income can be recovered before the mortgagee forecloses and takes title.


Many times the owner cannot or will not pay and rental is not a viable option. However, associations still make the decision to foreclose for any number of reasons. Because so many mortgage foreclosures are being contested by owners raising defenses unique to the mortgage foreclosure action, and thus stalling the mortgage foreclosure case for months or even years, the association can effectively render those defenses moot as they relate to the mortgagee's foreclosure by foreclosing the association's lien. When the owner is divested of title by the association, the owner will drop or lose the fight against the lender in the mortgage foreclosure action, thus paving the way for the lender to take title and begin paying assessments. Another option for associations taking title is negotiating a short sale with the lender or tendering a deed in lieu of foreclosure to the lender. I have also filed motions in mortgage foreclosure actions notifying the court that the association has taken title and does not contest the mortgagee's foreclosure, therefore, speeding up the lender's acquisition of title. These associations understand the key is getting a paying owner into the property sooner rather than later. That way, more in terms of future assessments are recovered rather than lost while a mortgage foreclosure lingers on for years and no one pays the assessments.
What every association should consider is each case is different and the association is well served if it carefully considers all of its options and selects a strategy that works best in any given case. In this ever changing environment, there is no one size fits all approach.
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Dave Israel



Monday, October 25, 2010

2011 Century Village Calendar

cv_2011
Now available the 2011 Century Village Calendar. This 28 page calendar has 35 spectacular color pictures of our village showing activities and the beauty of the facility. For information contact Ken Graff at pixwizz@gmail.com

PET ISSUE REFERENCES

The American Disabilities Act and the Department of Justice, and HUD, and current case law on emotional support animals supercedes all governing documents.

The Office of Equal Opportunity looks more favorably upon emotional support animals than do the Florida District Courts. Complaints filed with the OEO are free of charge and so is the attorney, whereas the attorney for the association to defend against a complaint is costly. The fines for willful discrimination are also quite costly!

I shall share some of the case law and references on the subject as follows:



Fair Housing Act

Bridgeview Ass’n, Inc. v. Casale,

Case No. 2005-02-2449 (Mnookin / Summary Final Order / October 18, 2005)

• Even where a unit owner qualifies as a disabled individual to which the association is required to provide reasonable accommodations, the owner must demonstrate that maintaining a dog, in violation of the association's declaration of condominium, is a reasonable accommodation to the individual's disability. When it is shown that the owner's dog was not prescribed by any medical personnel so as to assist with the owner's disability, the dog was not trained in any special manner to alleviate the symptoms of the owner's disability and the dog merely served as a source of contentment to the owner, the dog is not shown to be a reasonable accommodation and the association is not required to permit the owner to maintain the dog in violation of its governing documents. The written statement from her treating physician to the effect that the dog is medically necessary to alleviate the patient's symptoms in the same manner as a prescription, was unavailing as it was not shown that the pet was needed to accommodate the disability.



High Point of Delray West Condo. Ass’n Section, Inc. v. Sturge,

Case No. 2005-03-1704 (Grubbs / Summary Final Order / October 7, 2005)

• When the respondents asserted that the tenant had a disability authorizing the presence of the dog under the Fair Housing Act, the respondents were provided with time to amend their answer to allege facts establishing that the tenant had a disability and that the dog was a reasonable accommodation necessary to afford the tenant an equal opportunity to use and enjoy the unit or to file documentation or a statement establishing that the respondents had filed a fair housing complaint with an appropriate agency. After the respondents had been provided with several chances to either amend their answer or file a fair housing complaint but failed to do so, a summary final order was entered requiring removal of the dog.



Sunrise Landing Condo. Ass’n of Brevard, Inc. v. Wilson,

Case No. 2005-03-4083 (Grubbs / Summary Final Order / October 6, 2005)

• When, during a conference call, the respondents asserted that that one respondent had hearing and psychological disabilities requiring the keeping of the over-the-weight-limit dog, respondents were provided time to amended their answer to allege facts establishing a "fair housing" defense, which would include allegations establishing that she had a disability and allegations establishing that the dog was a reasonable accommodation necessary to afford her an equal opportunity to use and enjoy her unit.

The failure of the respondents to amend the answer to include specific factual allegations precluded consideration of the "fair housing" defense.


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As per David's input, the following is supportive of his position:

The Court relied heavily upon an earlier decision of another Federal Court which opined that an association has the right to inquire of the doctors writing the prescription letters as to the doctor’s practice and medical licensing, an explanation of the nature of the alleged disability and why the disability requires the unit owner to have a pet.

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An Arbitration decision from a few years back:

The Fair Housing Amendments Act of 1988 prohibits discrimination on the basis of several factors, including disability. The law requires that a person with a disability be accommodated and given an equal opportunity to use and enjoy a dwelling."

Arbitrator Melissa Mnookin of the state Department of Business and Professional Regulation ruled against Casale in October The arbitrator said that Casale's doctor's letter did not establish that the dog is necessary to accommodate her disability, does not have special training to assist with disabilities, and does not perform any special function, such as retrieving objects.

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In a joint statement in 2004, the U.S. Department of Housing and Urban Development (HUD) and the Justice Department explained that physical or mental impairments include, but are not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV, mental retardation, emotional illness, drug addiction (excluding an addiction caused by current, illegal use of a controlled substance) and alcoholism.

Determining Factors

Many of these conditions are not visible to the average person, but may nonetheless require a service or emotional-support animal. To make that determination, your association board may be entitled to request and obtain additional information to substantiate the resident’s disability-related need for the accommodation.

But if the person's disability and the need for an animal are evident, you are not permitted to request additional information. If the disability is evident, but the need for the animal is not, the association is limited to requesting only the specific information necessary to evaluate the disability-related need. If a disability is not obvious, such as a mental condition, high blood pressure, diabetes or other similar types of disabilities, you may request disability-related information that: 1) verifies the condition that substantially limits one or more of the person’s major life activities; 2) describes the needed accommodation; and 3) demonstrates the relationship between the person's disability and the need for the requested accommodation.

You can easily verify the condition if the person receives Social Security disability insurance benefits. HUD and various other enforcement agencies are much more lenient than the courts. For example, HUD and the Justice Department say that a "credible statement by the individual seeking the accommodation, a doctor or other medical professional, a peer support group, a non-medical service agency or a reliable third party who is in a position to know about the individual's disability may also provide verification of a disability."

In our view, an association should require a more credible source- such as a licensed physician specializing in that particular disability- to provide an unequivocal statement that the person suffers from a disability. The physician should be required to specifically list what those activities are and how the pet will help.

That requirement can help screen the non-medical requests, saves the association research time and helps protect the association from challenges by other homeowners in the future.

In fact, a West Virginia district court in 2001 went so far as to say that it is reasonable, in situations where the disability is not apparent, to insist upon a second concurring opinion from a qualified physician selected by the housing provider to confirm the need for a service animal. Florida state courts haven't required this level of proof, but they have agreed that a physician specializing in the specific disability who provides a written statement listing the person's disability, the need for a service or support pet and how the pet will assist with the disability will, in most cases, suffice. Recently, one Florida association received a rheumatologist's statement that his patient suffered from arthritis and severe mental conditions that required a pet as a reasonable accommodation. While the rheumatologist is able to give an opinion on the patient's arthritis, the specialist was not in a position to speak on the patient's mental condition.

There is a reference in the sidebar under WEB SITE LINKS AND SERVICES - CONDOMINIUM STUDY & REFERENCE GUIDES - Joint Statements from HUD and DOJ on Reasonable Accommodations which you may find instructive.

This is a case-by-case topic where one size does not fit all.

Sunday, October 24, 2010

Ombudsman Meeting

There is an Ombudsman Meeting on Thursday 28th. Does anyone know what time it starts?

Pet Issue

Let me start off by stating that our condo association documents do not allow residents to have or keep pets in their apartment. That said, last May one of the owners came to the board asking permission to watch her daughter's dog for 3 months while she was out of the country. The board granted her permission with the proviso that the dog be walked outsde CV and must leave at the end of the third month. About three weeks ago this same owner came to the board and asked for an additional 7 weeks as her good friend,who lives in the same building, is undergoing chemo and has become attached to the dog and wants it as a companion animal. The Board met an unanimoisly voted that the dog must go. The owner was told verbally of the Board's decision and a certified letter was sent to the owner advising her of the board's decision but that letter was never signed for or acknowledged. We now plan to take legal action but we like some feedback from other bloggers as to their thoughts and suggestions.

Saturday, October 23, 2010

COMCAST CABLE

David:

With all the money that ESPN is getting from Century Village I would like to
know why we cannot get ESPNU. Today I wanted to watch my UCONN team but could
not because it was on ESPNU. Two weeks ago all the GATOR fans could not watch
the game because again it was on ESPNU. My son in Connecticut gets to watch
all these games because he gets ESPNU. WHY CAN'T WE GET IT. I will tell you
one thing and that is when MARCH MADNESS starts it better not be on ESPNU because
I know that Mike and I will raise holy hell to say the least. I may be a female
but I am a BIG....BIG....SPORTS FAN WHEN IT COME TO MY TEAMS. I would like an
answer about ESPNU and don't tell me that if I want that channel I HAVE TO PAY
FOR IT. COMCAST IS MAKING A LOT OF MONEY OFF OF CENTURY VILLAGE......TELL THEM
TO GIVE US ESPNU IN THE BIG CONTRACT THAT YOU MADE WITH COMCAST CABLE.

THE NUTMEGGER

Green Markets are here again.



WPB on the waterfront, bigger, doggie showtime, people watching, outstanding pastries, coffees, veggies, spices - Saturdays. Best thing, NO politicians, yeah.
PB Gardens - bigger, everything + crafts, no pets, Sundays.

Posted by Picasa

P.O.’d

Often the PO van does not show up on their stated schedule at the Clubhouse, PO flu, holidays etc. That is annoying when you have taken a bus to the Clubhouse to take care of your mail. From now on I will call the guard desk and ask is the PO there? 640-3118.

Thursday, October 21, 2010

CONDOMINIUM STUDY AND REFERENCE GUIDES

The sidebar now contains numerous educational resources for those interested in developing a wider knowledge of condominium operation and management. It is a work in progress and may be found immediately under the heading "WEB SITE LINKS AND SERVICES".

Wednesday, October 20, 2010

RACOONS IN CV

Just wondering how many areas of CV are having problems with RACOONS.
I live in the Camden area and so far know of two (2) owners that have been attacked by racoons in the early evenings going to the dumpsters. (No injuries or bites AS OF YET) If Animal Control is called what if anything will they do and will there be a charge to the Association? It seems to be getting out of control in my area. Any suggestions??? Thanks for any input.

Tuesday, October 19, 2010

New Roof

Our building is planning to replace our roof in the near future. The expenditure will run between 80,000-100,000. We have the money in our reserve so that is not an issue. I would like to know does the board have the authority to vote to replace our roof or does it have to go to the entire association for a vote due to the amount of the expenditure involved.

ANY LAWS AGAINST TREE REMOVAL?

Are there any state or county laws that govern tree removal? What must an association do if it wishes to remove trees? A friend in Miami was fined and forced to replace a single tree he had removed from his front yard. Are we subject to the same laws in Palm Beach County?
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Your BLOGMEISTER responds:

Everything you want to know about Trees in Palm Beach County, is to be found in the Uniform Land Development Code (ULDC).

The following extract addresses Replacement and Removal, the County, and the State of Florida are very serious about trees. All references in the following may be found in the document by entering it in the search box at the top of the Reference:
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REF:

http://discover.pbcgov.org/pzb/zoning/ULDCPDF/Articles/Article7.pdf#search=Article7

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b. Trees
Trees shall be planted or preserved in accordance with the requirements of Table 7.C.3, Minimum Tier Requirements, and Art. 7.D.2, Trees. Trees shall be native or drought tolerant.
[Ord. 2005-002] [Ord. 2008-037]
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c. Existing Trees
Preservation of existing native trees is encouraged and credit shall be given towards the above requirements. If existing native trees are removed, they shall be replaced in accordance with the standards in Table 7.D.2.D, Tree Credit and Replacement, or Art. 7.E.5.G.5.b, Trees, whichever is greater. The size of replacement trees shall be in accordance with Art. Art. 7.D.2, Trees.
[Ord. 2005-002] [Ord. 2008-037]
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d. Prohibited Plant Species
Existing prohibited plant species must be removed and trees replaced on a one-to-one basis with a native tree. Replacement trees for removed prohibited plant species shall be consistent with the interior landscape requirements of Art. 7.D.2, Trees.
[Ord. 2005-002] [Ord. 2008-037]
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e. Removal
Removal shall be consistent with the provisions of Art. 14.C, Vegetation Preservation and
Protection.
[Ord. 2005-002] [Ord. 2008-037]


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I hope this is helpful.

Dave Israel
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Monday, October 18, 2010

INTERACTIVE APPLICATIONS NOW LIVE IN CYBERSPACE

Hi all,
UCO is trying a new service, we plan to put a myriad of forms online. Not only will these forms  be online, but they will be interactive; meaning that you can fill them out on your computer. We are starting with the Applications for Investigation (Screening). If these are well received, we will place other forms online.
This first set should be of great value to future buyers and renters applying for approval to reside in Century Village, West Palm Beach. Let your friends considering residence here know about this capability.

The process is simple: Start in the sidebar under "INTERACTIVE FORMS"

1) Left Click on the desired form.
2) Download the form to obtain an interactive version.
3) Fill out the form, when completed, print the complete form.
4) Sign where indicated.

As is currently the procedure, your completed form must be shown to the Association.

Please let us in UCO know what you think, what other forms should be next; and how might this concept be improved. Put your ideas in the comment stream.

Get involved, it's your Village!

Finally, thanks to Ed Black for many hours sussing out the vagaries of Adobe Acrobat 9 Pro!

Dave Israel

AMENDMENT 4

In Tamarac, corruption lives in backyardhttp://www.ccfj.net/HTDTamaraccorruption.htm

Dear CV Condo Owners:
Amendment 4 has nothing to do with party line or what others recommend. It's your decision -- and your decision alone. We all know full well that we are unable to stop commissioners from voting in favor of changing the comprehensive land use plan -- if the developers put enough money in their campaign account or in the doggie bag at lunch.
It so happened in Tamarac -- and even if you can later prove that the commission vote was rigged, the damage is done and the high-rise is being built on the former golf curse next to you!
Wave bye-bye to your nice neighborhood and your property values.
This can happen to all of us if we don't vote YES ON AMENDMENT 4. Don't believe all the lies and misleading statements you hear from the paid mouthpieces of the backroom fat cats -- also known as developers. All their claims lack facts -- they just don't want us to have a vote on decisions regarding changes to our neighborhood. They don't want us to have a seat at the table, so they can continue their backroom dealings and pay off willing commissioners.
This is what happened to the folks in Tamarac, who complained to the commission without success. One commissioner is in jail, but the damage is done. And it can easily happen to you!

"Erstwhile golf course homes now border an unkempt scrubland with white plastic sewer connections jutting out of the weeds. "Now we have half a construction site and half a swamp,'' says Chris (who didn't want his last name published), Cole's neighbor. "We used to spend all our time outside. Now we never go out. It drives us crazy.''

Barbara Cole figures her house, once worth nearly $300,000, might bring $78,000. Another neighbor offers a similar lament. "This has ruined my retirement,'' he says.
An investment company bought the Chaits property last week. But most of the homeowners along the remnants of the golf courses know they've got months, maybe years more with an unobstructed view of corruption."
I can assure you, all the folks who now tell you to Vote No on 4 will be nowhere to be seen once it happens to you or your neighborhood. All you have to do if Amendment 4 passes is voting at the next upcoming election (no special election) on the change of plans, approved by the regular entities -- just as it's done now. Only in the end you have the right to vote down the amended plan that would change your neighborhood -- if you don't like it. We property owners pay for most of the cost of the new development, don't we deserve a vote in destroying our neighborhood?

DO YOU WANT THIS TO HAPPEN TO YOU AS WELL?
IF NOT, PLEASE VOTE YES ON AMENDMENT 4!

Sherry Lee at Clubhouse Tuesday

This Tuesday morning candidate Sherry Lee, for County Commission , District 2, will be speaking at the West Palm Beach Century Village Clubhouse in Classroom C.

All are welcome to attend and hear Sherry speak about her goals as our Century Village Commissioner. If you are concerned about the local taxes, quality of life, etc. in our community come to ask your questions and to hear her speak.

Sherry Lee’s goals as presented on her web site are:

As your county commissioner, I will work to ….
Lower your taxes so you keep more of your money
Reduce wasteful government spending and regulation
Help small businesses create new jobs
Strengthen and expand our new ethics rules
Make Palm Beach County an affordable place to live, do business and take pride in again


From Barbara Samuells

Saturday, October 16, 2010

FLORIDA CONDOMINIUM ELECTION PROCEDURES

Hi all,

Thanks to our own Randall Borchardt an excellent Working Aid is now live in Cyberspace. The compilation of Law and Administrative Code is very timely, as our Association elections approach rapidly.

The Working Aid is to be found by clicking on the link title in the sidebar:

CONDO. ASSOCIATION ELECTION PROCEDURES

or click on the following URL:

http://cvbitbucket.blogspot.com/2010/10/condominium-association-election.html


Getting your elections done correctly is very important, so please give the Working Aid a careful read.

Dave Israel
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Thursday, October 14, 2010

ANTICIPATED DIGITAL CONVERSION IS NEARLY HERE

Hi all,
We are advised by Comcast Cable that the conversion to digital of most of the channels from 2 - 99 (Limited basic) will be implimented on January 26, 2011.

There will be about 25 channels remaining in analog mode; all others in the range up to channel  99 will require a Digital Terminal Adaptor (DTA) to be installed on the line; or, of course a standard Set Top Converter - RNG 100 or higher.

The rollout of these DTA's, up to two free boxes per unit, will commence on or about December 27, 2010 through January 25, 2011.

A schedule will be published shortly.

Dave Israel

Vote No on Retention of all JUDGES


Why should these lawyers get a lifetime job, living off the Sweat and Blood of the electorate??? Let them run against someone , no more free rides for these bloodsuckers.

Handsome Stateys

The smiling State Policeman at the Tpk toll booth is checking that you are wearing your seat belt, I don’t know what happens if you are not. $30 +??.

Wednesday, October 13, 2010

BANKS PUT BRAKES ON FORECLOSURES - ADDING INSULT TO INJURY

CALL Alert for October 13, 2010 - Banks Putting Hold on Foreclosures in Florida
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Dear David Israel:
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The following blog post, written by Becker & Poliakoff attorney Kevin Miller, the head of the Firm’s Collections and Foreclosures department, appeared recently in the Florida Condo & HOA Law Blog,

http://www.floridacondohoalawblog.com/

It addresses the current decision by banks to put foreclosures on hold in Florida:


You may have heard that several major lending institutions, including Bank of America, GMAC and JP Morgan Chase, are putting foreclosures on hold in Florida. Our Attorney General joined other states to investigate mortgage foreclosures throughout the country. We expect other lenders and mortgage servicing companies to make similar announcements in the near future.


Why? Well recent news reports that the people signing thousands of affidavits in court proceedings did so without verifying ownership of the loan and the amounts due. They reportedly did not review original documentation or have any personal knowledge of the facts alleged in the affidavits. Some representatives have reportedly signed 8,000 to 10,000 affidavits a month. The lenders and/or mortgage servicers need to review and assess whether these foreclosures and filings comply with state laws.


Although it is uncertain how much delay these current reviews will add to the foreclosure process, most experts believe it is only delaying the inevitable. We believe it will take thirty to sixty days for the companies to perform an internal review. This is not good news for Florida's community associations. Various research outlets currently list the average length of the foreclosure process in Florida between 14 and 17 months. Some foreclosures are taking much longer.

Community associations must recognize their rights as a party in these actions. Community leaders cannot sit back and wait for the banks to figure out what they are going to do next. The Florida Rules of Civil Procedure govern these cases in litigation - the banks (and bank attorneys) have to follow the rules and if they do not, they can be made to suffer the consequences. Courts have imposed significant sanctions against banks and their law firms for failing to abide by court orders regarding the prosecution of foreclosure cases.


Certainly, the overwhelming number of foreclosures filed in Florida is challenging the resources of the courts, but boards that wait and simply ride out the storm can lose out on valuable rights (and dollars) for their communities. There are alternatives to simply waiting out the bank foreclosure which, if successful, can help move the process along. However, these alternatives must evaluated on a case by case basis and in consultation with your association's counsel.


If you have any questions about how this new development affects


your association’s collections and foreclosure cases, you should call us to discuss, as there is no “one size fits all” approach.


Very Truly Yours,


Yeline Goin and David Muller, Co-Executive Directors


Community Association Leadership Lobby (CALL)

Folded Flag Case

Does anybody have an idea as to where I can purchase a display case for an American Flag that was given to me at Arlington National Cemetery after my fathers burial. Do not know the size of the flag, and do not want to unfold it as it is perfect as folded by the Army at Arlington. Any info would be greatly appreciated. Perhaps George Franklin would know.
Thanks all. Much appreciated.

Tuesday, October 12, 2010

DIVISION OF MOTOR VEHICLES COMES TO SERVE US HERE IN CV

Left click on image to enlarge

Dave Israel for
Phyllis Richland

Sungha Jung for the Soul

Many of his Beatles tunes are very soothing, Mission Impossible too easy, great Bolero, etc. etc. He has been gobbling up the most challenging pieces since he was 8. www.sunghajung.com

Monday, October 11, 2010

This Is a Survey

How long have you had your present car? Is it domestic or imported? Please elaborate.


- Posted using BlogPress from my iPhone

The Power of CV in Action 1980s

Aughh! We could have been part of SWA! From CV archives:“Harry Kalb served our community (before the formation of UCO) as Chairman of UCAL (United Committee Against Landfill Site #6) which successfully beat back the attempt to place a landfill adjacent to our community. He also served as a member of the pre-UCO United Water and Sewer Committee, formed in 1980 to represent the Village in PSC hearings in opposition to Century Utility's proposed major rate increase.
Both of these committees prepared the groundwork for unity of our community under the UCO banner. .
Harry also played a key role, with Joe Lilenfeld, in creating the highly successful Recycling and Beautification Committee which raised tens of thousands of dollars to pay for installing benches, planting trees, and other beautification projects throughout the Village.”

Sunday, October 10, 2010

Yes on 4's TV ad, "Monsters"



Best ad ever. They are using our bailout dollars against us. We must vote.
Click title or

 http://floridahometowndemocracy.com/
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Saturday, October 9, 2010

Deli

FYI - The Empire State Deli in The Emporium Shoppes is now open! Hooray. I just picked up some cold cuts and potato pancakes a few minutes ago --The staff is very friendly and I hope they make a go of it! I understand the father of the gentleman taking care of me -perhaps owner? lives right here in Northampton! sunday brunch 8am-1pm/

Vote Yes on 4 for Our Neighborhood


Lesley Blackner may be the most cheered and feared woman in Florida. She is the initiator of Amendment 4 which says development is out of control.http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1103762077688&s=1229&e=001xZI9qdF8r3L1I6KFV8TADvpeBay62vo_YIB0RAf7G_Li9Fo43TGOQp3wK4L1X9mkJM_jBLBwYQcNE_ZcYyRcFLKzGNl6yRrmvV7HJyv0RJGamapQ4fWqmH08H5PfjQ45
Here is the opinion of the lady who started it all, please read this article. It states facts and shows why people are against it -- people like Senator Mike Bennett. It's all about keeping the power in the hands of politicians. They don't want us to have a vote on the future of our neighborhoods. We need to stop these power-peddlers, who are destroying what was once called the Sunshine State.
When Lesley Blackner spoke at our CV Delegate Meeting and said the County Commissioners cannot control themselves it certainly resonated with me.
"We have government of the developer, by the developer and for the developer," Blackner has said.
She adds that "people in the community have rights, too - not just people in the development community."

As Florida condos sit empty, voters enter battle on growth
http://r20.rs6.net/tn.jsp?llr=99asbrdab&et=1103762077688&s=1229&e=001xZI9qdF8r3Ik877HHUYoPm_vTuoRGtRyoNiCiP3H76lGSoacURRwBkvYaTOngKV6LHwknIQICnljZbAPKI4USEmBun_UVI5OnN7UlOA7fnfHunQEe_3y4srSz3PLALMeyIulx73rlgs=
If you haven't got the message yet, here it is: Florida condos sit empty -- and the developers want to build more. The more empty condos and homes we have, the lower the property value of your home. Is that what you want? Don't get scared by the propaganda of special interest. No jobs get lost if Amendment 4 passes -- there are sufficient plans in place to quadruple Florida's population without making any amendments. It's all about power and money -- definitely not about our welfare!
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Thursday, October 7, 2010

GIFTS FOR NEEDY KIDS

good morning all, you have been very generous in the past in giving to those that do not have and so i am asking again for you to step up once more.

I am collecting unwrapped gifts for kids of all ages that may not have a present for Christmas, Hanukkah, or Kwanza. I will bring them to the fire station before the holidays so they can be distributed in time. 

I will collect until December 1st. Please, if you will do not forget the older kids. I thank you all in advance and wish you all a holiday season filled with friendship and abundance.
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Who Destroyed America

OR

Tuesday, October 5, 2010

Patio 'furniture'


Do you have this type of patio 'furniture'. What does it cost, who sells same, etc. Is it immoveable in hurricanes?
TIA

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Monday, October 4, 2010

Saturday, October 2, 2010

MITIGATION REPORTS - NEW UCO SERVICE

Hi all,
As you may be aware, UCO has Association Mitigation reports in computer based format.
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The Chair of our Insurance Committee will, upon request, send the Mitigation report for your Association to your Homeowners insurance Agent by Email.
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You may receive a reduction in premium by doing this.
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So, simply call UCO and ask for Toni or Claudette; they will request a bit of required information such as the Agents Email address and perhaps your Policy number, and then send the report.

Thanks to Toni and Claudette for 21st. century thinking!

Watch this space, as there are more things like this coming soon.

Dave Israel

Florida Raging Grannies



National website http://raginggrannies.org/
The movement began in western Canada and now has reached FL. A group performed in Lk Worth Friday night.
These are no relation to Monty Python Hell’s grannies, well not much.

DELEGATE ASSEMBLY - OCTOBER 1, 2010

Hi all,
The Delegate Assembly of October 1, 2010 is now live in Cyberspace. Thanks to the Channel 63 team for data conversion services, and uploaded by the Blogmeister.
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New embed coding provided by Vimeo supports IPAD, IPHONE, FLASH and other mobile devices, so you may view the video on the go!


See the sidebar: DELEGATE ASSEMBLY - 10/01/2010
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or click the following URL:
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http://cvbitbucket.blogspot.com/2010/10/delegate-assembly-october-1-2010.html

Dave Israel
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Friday, October 1, 2010

GETTING COPIES OF YOUR MITIGATION REPORTS

The new mitigation reports include both pages in black & white and pages in color. I did some checking to find out where we could get the best price on color copies. GOODWAY PRINTING, an old establishment located on the south side of Blue Heron Boulevard just beyond Route 1 (before the bridge) charged me 30¢ a copy, based on our getting 25 copies each of three sheets. Their normal charge is 39¢ for a single copy. This was the best rate I found for color copy reproduction. You don’t go through the best neighborhood, however, to get to Goodway.

Goodway charges 10¢ each for black & white copies, so if you get your black & whites done there, you will lose what you have saved on the color copies. The best deal I’ve found around here for black & white copies is THE UPS STORE on Haverhill, in the Publix shopping plaza just north of Roebuck (next to Dunkin’ Donut). Their usual charge is 4¢ for a black & white, although sometimes you can get them done on a special deal for 3¢ a copy. I get all my black & whites there. They are much closer than Goodway, of course, but charge (according to what they last quoted me) 49¢ per color copy.

There are other places that charge less than 49¢ for color copies. MINUTEMAN AT 2800 NO. MILITARY TRAIL (south of Community, east side) quoted me 40¢; PRINT-IT-PLUS AT 11420 OKEECHOBEE IN ROYAL PLAM BEACH (south side, east of Royal Palm Beach Blvd.) quoted me 40¢; and MINUTEMAN AT 2822 SOUTH DIXIE (at intersection Monceaux Rd, south of Belvedere, probably a questionable neighborhood) quoted me 35¢.

Two OFFICE DEPOTS (one at 2029 Okeechobee and one on Route 7 in Royal Palm Beach) quoted me 59¢ and two STAPLES (one on Okeechobee and one at Route 7 & 80, Royal Plam Beach) quoted 49¢ for color copies. PREFERRED PRINTING on Old Okeechobee, which some of you might know about, doesn’t do color copies on site.

It might well be we could strike a deal with the HAVERHILL UPS STORE to give Century Village customers a better rate than 49 cents. They have given the Village a lower rate for black & whites in the past. If so, I would suggest calling them (697-4422) just before going there to confirm the rate, because their personnel are not always kept apprised of the latest “deals.”

CV 912 Super Seniors

A meeting of the group CV 912 Super Seniors will be held on Thursday, Oct. 7, at 10am in the Clubhouse in Classroom C. All Century Village residents are invited to attend.

This group offers a forum for discussion of issues of concern to Seniors. With the cuts to Medicare, new taxes in 2011, and now the meetings in Washington about IRA and 401K choices, residents of Century Village will be greatly affected. By educating ourselves and each other, we can be prepared for the changes and take steps to protect our healthcare, retirement savings and income. National website
www.912SuperSeniors.org

If you have had changes already to your healthcare coverage or costs, please share your experience with other Seniors at the meeting. For example, I have had my orthopedist inform me that he cannot perform my knee replacement surgery because he has ended the surgical part of his practice. The staggering malpractice insurance on surgeons added to the low and decreasing reimbursement from Medicare forced the decision.

The billions in cuts from Medicare will have serious effects on the quality and availability of our healthcare. Seniors need to find their voice to speak to politicians of all parties who make drastic changes like the healthcare reform.

One of the next assaults on Seniors is shaping up in Washington. Just after President Obama's election there were discussions that a source of government income could be the trillions in IRA's and 401K's. Because of a tremendous outcry against any hint of forcing retirement income into Treasury Notes (and most Americans have not yet heard of this threat to savings), the government is beginning a "soft campaign" that could have a more subtle and gradual "grab".

Have you read about the government meetings in September regarding IRA's and 401K's?
http://www.pionline.com/article/20100920/PRINTSUB/309209973/1039

They will nudge us...by forcing retirement plans to offer an annuity option...so retirees will have" a stream of income". That way we retirees will not let our untaxable money just stay in IRA's and 401K's. Instead, we will "take a steady stream of payouts" and the government will get taxes on every penny taken out of a regular IRA or a 401K.
http://www.dol.gov/ebsa/regs/cmt-1210-AB33.html

Above is the link to the testimony, etc. from the September hearings on government "guiding and protecting" our IRA and 401K savings. This begins as just a caring nudge toward annuities ( and more taxable income).

They will gradually nudge us...and if we do not comply to give the government more taxes, they will nudge us harder and harder assuring they are only helping us to have security.

Those Roth IRA's sounded good because of no taxes when we withdraw the money, but it is my opinion that there is too much money in those accounts for the politicians to keep their needy, greedy hands off of Roth money also.
http://www.businessrecord.com/main.asp?SectionID=35&SubSectionID=98&ArticleID=10843
And insurance and investment companies LOVE the idea of annuities. More fees for their companies (most plans are LOADED with upfront fees and many have extreme penalties for early withdrawal of principle from an annuity) and more taxes for government.....works well for them but not so well for Americans' retirement savings.

FOLLOW THIS!!!! Google or Bing search on "Lifetime Income Options for Retirement Plans".

This begins as an "oh-so-helpful-government-guideline" and could continue to a complete mandate (confiscation) of retirement savings into Fed Treasury notes...with a low but guaranteed return....just to help us..

Think it cannot happen?
Who thought GM would be taken over and contractual bond and stock agreements negated by government?
Who expected TARP I and TARP II and 787 Billion Stimulus, and Cap and Trade now imposed by the EPA?

Seniors, know your politicians and judge them by their actions, not their campaign promises. Seniors have much to lose.

- info at request of B. Samuells