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The Financial Crisis

A Legal Understanding of
An Association’s Options

  • By Marcy L. Kravit, CMCA, AMS, PCAM
    General Manager, The Galleon Condominium

  • Legal Commentary by: Lisa Magill, Esq.
    Becker & Poliakoff, P.A.

  • Intro by: Eric Berkowitz, Bedlamite
    Editor, Galt Mile News

Introduction

December 1, 2011 - Welcome to Budget Season on the Galt Mile. In November, most Galt Mile Associations offer budget presentations to their membership. While some boards vote to enact the draft budget during the same meeting, most reconvene in December for their approval vote. Because the economic downturn pummeled associations with unprecedented financial pitfalls, this year’s budgets are permeated with new or rare line items, unfamiliar legal and/or fiscal terminology and planning choices that are clear as mud to many association members.

Since the housing train wreck, Community Association Managers have had to expand their management skills to cope with the budgetary impact of regular and strategic foreclosures, unit owner delinquencies and statutory loopholes exploited by lenders to dodge assessment obligations. They must also keep abreast of legislative survival tools, judicial decisions that alter the legal standing of associations, lenders and unit owners, shifting mortgage eligibility regulations and other factors that squeeze cash flow and pressure property values.

Hoping to dispel confusion about the new fiscal burdens on association budgets, Galleon General Manager Marcy Kravit emailed an offer to the neighborhood association. In her November 23rd message, she announced “I drafted some questions related to the financial crisis to assist condos in understanding their options and the language related to this topic. Lisa Magill answered the questions in great detail. Her contact info is below. I hope that you find this useful.” Their collaborative Q & A will help clarify how the evolving legal landscape affects our financial options. Read on... – [editor]

Galleon Manager Marcy Kravit
GALLEON MANAGER
MARCY KRAVIT
Community Association Managers have been faced with many challenges managing their associations in this economic climate as they experience abandoned properties, unoccupied units, and increases in delinquencies, financial deficits, delays in the foreclosure process and bank delays in taking title. Managers are required to provide options, find innovative ways and make recommendations regarding this overwhelming situation. The association has a fiduciary responsibility to maintain the property and all owners are responsible in sharing the common expenses.

Condominium associations have argued that their right to collect past due assessments deserves priority over the first mortgage because the association uses those assessments to maintain the condominium property, in this manner, therefore protecting the collateral of the first mortgage holders.

In addition, associations have argued that it is unfair for the first mortgagee to take all of the sale proceeds leaving the remaining owners to make up for the lost assessments and only collect 12 months or 1% - whichever is less. Delinquent owners continue to occupy their units and have access and use of all common areas and amenities [sic – actually, there is already a statutory remedy for this in s. 718.303(3)(a), Florida Statutes – editor ].

In the past, associations were reluctant to foreclose on a unit that's worth less than the owner's mortgage, however, now more than ever, associations are moving on the process due to the delay in the courts system. Banks are delaying foreclosure proceedings, owners are filing for bankruptcies, property values and sales are plummeting. Foreclosures are taking up to 2 years because the courts are backed up with handling these actions.

Miami Circuit Court Judge Ellen Leesfield
MIAMI CIRCUIT COURT
JUDGE ELLEN LEESFIELD
A couple of years ago, a Miami-Dade County judge ruled that associations can file a single "blanket" receivership order to go after multiple unit owners and their rent payments to cover past due fees. Blanket receiverships allow for the appointment of a court-approved representative to collect all of the rent proceeds and submit it to the association.

Recently, The Miami Herald reported another option to obtain funds under a process called a reverse foreclosure. The association files its own foreclosure notice and takes title, which is its right after the owner stops paying maintenance fees. The association can't sell because of the bank's lien. But it can relinquish its claim on the property in court and ask the judge to give the title back to the bank. Then the bank has to pay the fees.

Although reverse foreclosure is a new concept, it could become another alternative. According to The Miami Herald, in a recent survey, 60 percent of Florida condo and homeowner associations reported that half of their units were two months behind in paying maintenance fees. When owners discontinue paying their mortgage, they customarily discontinue paying their maintenance fees. As long as a foreclosure is pending – the foreclosure process can be delayed by the bank and the amount of the unpaid maintenance fees increase.

A reverse foreclosure will force banks to pay association fees and hold them accountable when the unit owner defaults. It forces the bank to take title. Banks are not liable for assessments until they take title. There is very little incentive for a bank to complete its foreclosure and take title until it has a buyer. These are desperate times and banks are in business to protect their interests. In most cases, the property is worth less than the outstanding mortgage. In other words, they are “upside down”.

In a reverse foreclosure the association takes title after filing for foreclosure. The association cannot sell because of the bank’s lien, however it can relinquish its claim on the property in court and request that the judge reissue title back to the bank which in turn will force the bank to pay the maintenance fees.

It is important to take a proactive approach and obtain a full understanding of your association’s options and remedies in addressing these issues. Condominium Boards and Managers are becoming more aggressive in reviewing all options. It is vital to consult with your association attorney regarding which approach is best for your association.

Association Attorney Lisa A. Magill
LISA A. MAGILL
Lisa A. Magill is a Shareholder in the Firm Becker and Poliakoff’s Community Association Law Practice Group and is a member of the Board of Directors of the Community Associations Institute (CAI) where she has been a featured speaker on issues such as co-ownership housing laws, covenant enforcement, and association operations for Associations' Board members, managers and other professionals in this field.


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Manager Marcy and Lawyer Lisa's

In explaining her perspective regarding this subject, I have asked Lisa Magill, Esq. to provide her expertise and opinion in answering the following questions:

  1. What is your opinion of the reverse foreclosure process?

    Click to Florida Supreme Court Foreclosure Task Force Report The term "reverse foreclosure" is somewhat of a misnomer, but the favorable Order granted in the Keys Gate case demonstrates that community associations shouldn't simply give up solely because a property is subject to a mortgage foreclosure proceeding. First, we need to define the concept. The community association must own the property to employ a ‘reverse foreclosure’ process. That generally means the association filed its claim of lien, filed and completed its foreclosure lawsuit and obtained a Certificate of Title. As we know from our own experience and from the report issued by the Task Force appointed by the Supreme Court of Florida [Final Report and Recommendations on Residential Mortgage Foreclosure Cases issued August 17, 2009, by the Florida Supreme Court Task Force on Residential Mortgage Foreclosure Cases], the “enormous increase in foreclosure filings has overwhelmed” the Court system creating the worst “traffic jam” imaginable – a traffic jam during rush hour, when one lane is closed for construction and its raining. Nonetheless, associations need to press on and if faced with this scenario, asking the Court to grant summary judgment and to schedule a foreclosure sale is one way to find the light at the end of the tunnel.

    Click to Keys Gate case While I am not familiar with all of the facts of the Keys Gate case, there is no reason any association should wait a year before taking action in a bank's foreclosure case. Associations have many options available to them to move the bank's case along. Among other things: they can file a Notice that the case is ready for trial (if all parties were served), they can ask the Court for a case management conference, they can consent and stipulate to a Final Order of Foreclosure or can make arrangements to give the bank a quit-claim deed in lieu of foreclosure (if the bank accepts the deed, which is another issue), they can file Motions to Compel Prosecution as well. Of course, if the property is occupied by a tenant, they can seek income from the tenancy as permitted by law.

    Click to Keys Gate Association The Order granted by the Miami-Dade Circuit Court is great for this community association. With a little modification, the tactic may benefit other associations that have already acquired title to a property or properties. For various reasons I believe it is more beneficial to ask the Court to schedule a sale, instead of asking the Court to issue a Certificate of Title as a result of the Motion. In this day and age where the property may be worth half the amount of the outstanding mortgage, we have seen banks allow third-party purchasers (generally investors but sometimes end users) to take title at the judicial sale even if they bid far less than the amount owed to the bank. The bank may make a business decision that since the property is only worth the appraised amount, it is more cost-effective for it to avoid any expenses of ownership, maintenance, repair, marketing for sale and the like. If that happens (and it has happened a number of times to our clients), the association is entitled to full recovery and not limited to the 6/12 months or 1% that would otherwise be paid.

    Again, I cannot stress enough that every case must be evaluated on its own facts and circumstances. Community leaders should regularly speak to or meet with counsel to discuss the various options in each case and likelihood of success of each option presented.

  2. Please explain what a Motion to Compel is and how and when should the association consider this process?

    Click to Third District Court of Appeal Tadmore Opinion web page Many are under the impression that filing a Motion to Compel is no longer an option as a result of the U.S. Bank v. Tadmore case, which is not true at all. My Firm has been very successful in obtaining sanctions against lenders that have not diligently pursued foreclosure lawsuits. In fact, we have obtained two (2) recent Orders in Manatee County, Florida imposing sanctions - not only against the bank, but against the bank's attorneys as well!

    Again, we have to define the term “Motion to Compel” – compel what? The Tadmore case held (correctly so) that the Court cannot compel the bank to pay assessments, but that is not the relief always sought. The Association can certainly ask the Court to compel the bank to prosecute its case in a reasonably diligent manner and it is certainly appropriate for the Court to establish reasonable deadlines for certain actions.

    It is not appropriate to ask for sanctions in the first Motion to Compel or in a Motion to Set a Case Management Conference. The facts in the Tadmore case did not justify sanctions - but the facts and the lack of action on the part of the bank and/or the bank's attorneys, in many other cases do warrant sanctions.

  3. Can an association take a unit owner to small claims court for unpaid assessments and if so, when do you suggest doing so?

    The association can certainly file an action for monetary damages (money judgment) instead of pursuing a foreclosure - which relief is available in the statutes and practically all of the governing documents I have read over the years. In fact, most filings include both types of relief (Foreclosure in Count I and Count II for Money Judgment). The type of court (circuit, county, small claims) depends on the amount sought to recover. Small claims court cases are limited to $5,000. County court cases are designed for claims that are less than $15,000 and Circuit court cases are for claims that exceed $15,000.

    While I may recommend from time to time (depending on the facts of the case) pursuing a deficiency judgment in Circuit/County/Small Claims court (as appropriate), I do not recommend pursuing a money judgment instead of foreclosure to collect assessments if the property owner is still in possession. If an association obtains a money judgment, the owner is still entitled to reside in the property which means assessments continue to accrue. The association would have to file another lawsuit to obtain foreclosure (or money judgment) for any obligations that became due after the date of the judgment and collection is not a simple or easy process under most circumstances. If the property is homestead property, the association doesn't have any right to attach proceeds on the sale if the property is sold and funds used for another homestead (if there is a profit from the sale). Post-judgment collection efforts can be expensive and time consuming.

    On the other hand, many associations are thinking short-term instead of long-term when they decide to forgo pursuing a money judgment for the balance between what a lender pays if it takes title as a result of foreclosure and the outstanding obligations on the account. Yes, there are costs involved. If the association doesn't have a lawsuit pending, it needs to file a lawsuit. There are attorneys fees, filing fees, costs associated with service of process, etc. If the association already has its lawsuit pending, most of those costs have already been absorbed - so why not wait for the bank to foreclose (and pay its statutory obligation), then continue to pursue the balance against the former owner? A judgment is recorded in the county and with the State's registry; it is initially valid for 10 years and can be renewed for another 10 years. During that time if the debtor desires to buy another property, obtain financing for purchase of a vehicle, college, etc., the judgment will appear. While the debtor/former owner may not have sufficient cash-flow right now, who knows what the future will bring? If the debtor has significant assets in another state, the association can even take the extra step of domesticating the judgment in another state and pursue collection efforts there.

  4. Can an association use reserve funds to subsidize a shortfall?

    Reserve funds held by condominium associations may only be used for the purpose or purposes for which the funds are collected, unless the members vote to authorize the use for another purpose. The membership may vote to authorize the board to transfer the reserve funds from the reserve account to the operating account to cover shortfalls, but the board does not have the authority to make this decision on its own. The same is true with respect to statutory reserve funds held by homeowners' associations.

    Some associations do conduct a membership vote on a yearly basis to pre-authorize “borrowing” money from the reserve account or accounts to cover temporary shortfalls. Others obtain lines of credit to prepare for unexpected expenses or shortfalls.

    What’s even worse is that reserve transfers must be made in full each month or quarter, regardless of whether the owners pay on time. I have yet to have any clients cited for that violation thankfully.

  5. What is your opinion regarding financial organizations that are offering to pay maintenance fees through cash advances to recover shortfalls?

    Depends. You have to first analyze whether the association (through its board of directors) has the authority to enter into those types of agreements. A 'cash advance' is basically a loan. Not every board has the authority to decide whether to borrow funds. If your association already borrowed money from a bank it cannot give the cash advance company first lien on assessments as collateral for the loan. There are several business considerations - what is the cost of this cash advance? What is the association giving up? Will it cost more to the association in the end if it has to give up late fees and interest? There are many unanswered questions that require thought and analysis. My advice? Have the board weigh the short-term benefit against the long-term consequences before taking any action and be sure to consult with your attorney before signing.

  6. When should an association take title to units from delinquent owners and rent them out to tenants? What happens once the bank initiates foreclosure?

    If the association acquires title as a result of its foreclosure and the property is capable of occupancy, then any income derived from renting or leasing the property can certainly help with shortfalls. Many associations are even willing to incur some expenses to maintain or repair the property for occupancy purposes - the $1,000 spent on a cleaning crew and new paint can easily be recovered in one or two months.

    Unfortunately, it seems that every ‘silver lining’ has a cloud inside. There are a number of considerations to take into account. What is the cost to market the property? Do the governing documents allow short-term or month-to-month rentals? Will "good" tenants want to move into a property knowing that it may be subject to foreclosure proceedings and then have to move on relatively short notice*? Are there any problems in the unit that may lead to liability exposure (exposure to damages to persons or property as a result of the condition of the unit)? Is the association going to obtain insurance (I would) which is now required by Florida Law for condominium owners?

  7. What affect on the association does it have if a unit owner files for Chapter 13 Bankruptcy?

    The filing of the Bankruptcy Petition operates as an automatic stay and prohibits creditors from proceeding against the Debtor or against any property of the Debtor. The Association cannot move forward with filing a Claim of Lien or a foreclosure lawsuit since any action against the Debtor or against the property of the Debtor would be in violation of the Automatic Stay. If the property is homestead property, the Association may want to consider filing a Motion for Relief from Stay or a Motion for Administrative Expense in order to require the Debtor to make the post petition payments due to the Association during the pendency of the case. An owner filing bankruptcy should not be viewed as the time to give up - the Board members need to discuss the particular facts and circumstances of the case with counsel to decide the appropriate strategy and course of action, especially if the Debtor is surrendering the property in connection with the bankruptcy.

  8. When should an association request that the court appoint a blanket receiver?

    The use of a blanket rent receiver has been very effective, but now that the statutes allow the associations to collect rent prior to filing any action, a receiver shouldn’t be necessary.

  9. Can an association turn over the uncollected fees to a Collection Agency and have an effect on a unit owner’s credit report?

    The Board of Directors may enter into a contract with a collection agency to collect outstanding debt, unless that action is prohibited by the governing documents for some reason. It is important that both the contract and collection agency practices comply with applicable federal and state laws. The collection agency is entitled to take all legal actions to collect the debt and many report the debt to credit agencies.

    An association, as a creditor, may ostensibly report delinquencies directly to consumer reporting agencies. I am not familiar with all of the rules, procedures and penalties set forth in the federal Fair Credit Reporting Act (FCRA), but generally understand that anyone that furnishes information to a credit reporting agency must comply with federal and state laws and procedures regarding verification of the debt, updating the information, disclosing disputes or protests, etc. These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements. All furnishers of information to credit reporting agencies must become familiar with the applicable laws and should understand the penalties or consequences of their actions.

The impact of delinquencies, shortfalls in cash flow and budget cuts have created a detriment in governing community associations and providing owners the basic services that they bought into. This situation has caused much added stress and financial pain to Managers and volunteer Board Members. Associations must continue to tighten their collection policies, take a proactive approach, use common sense and be practical in making sure they have utilized all of their options in order to collect the necessary funds to operate efficiently and effectively.

Marcy Kravit
General Manager
The Galleon Condominium
Lisa Magill
Association Attorney
Becker & Poliakoff, P.A.

So... Who are these People?

Click to Becker & Poliakoff web site A gem in Becker & Poliakoff’s legal toolbox, Lisa Magill specializes in Community Association Law and Disaster Recovery. Magill edits the firm’s Community Update, a monthly Community Association client newsletter and the Florida Condo & HOA Legal Blog, a popular web-based forum that examines issues affecting common interest communities.

Click to the Southeast Florida Chapter of the Community Associations Institute web site Marcy Kravit’s professional designations include Certified Manager of Community Associations (CMCA), as recognized by the National Board of Certification for Community Association Managers (NBC-CAM), Association Management Specialist (AMS) and Professional Community Association Manager (PCAM) - additional accreditations awarded by the Community Association Institute (CAI).

Galleon President Donna Oppert
GALLEON PRESIDENT
DONNA OPPERT
Click to the Southeast Florida Chapter of the Community Associations Institute web site Along with helping its board affirm the Galleon’s status as one of the Galt Mile’s premier associations, Marcy intermittently spends her lunch hour attending GMCA Advisory Board meetings, where she and Galleon President Donna Oppert work with other associations and elected officials to improve our neighborhood and protect its residents. Marcy also contributes articles that are posted on the Galt Mile web site and published in the Galt Mile News.

Having served on the Southeast Florida Chapter of the Community Associations Institute (CAI) Board of Directors, Kravit and Magill are contributing writers to the Florida Community Association Journal, association management periodicals and local newspapers. Not surprisingly, their insights are right on the money! Thanks, Marcy, we are in your debt. – [editor]

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Feds Begin Seasonal
Condo
Crunch

FHA and HUD Sharpen Teeth

November 8, 2011 - Our Federal Housing agencies are experiencing their annual break with reality. Every year, the FHA, HUD or congressional stepchildren Fannie Mae and/or Freddie Mac pass seemingly well-intentioned rules that wreak havoc on the housing market. It’s no accident that their favorite fiscal piñatas are condominiums, preferably in South Florida.

Click Here to the Federal Housing Administration (FHA) web site The Federal Housing Administration (FHA) has recently revised eligibility standards for Associations wherein buyers and sellers rely heavily on FHA financing. According to Agency spokesperson Lemar Wooley, of roughly 25,000 associations that faced eligibility expiration from last December through September 2011, only 2100 were recertified - about 8.4%. Potential buyers for units in rejected associations must often pony up the 20% to 30% down payment ordinarily required for a conventional loan instead of the current FHA minimum of 3.5%. The FHA insures roughly 40% of all condo loans in some major markets, especially for first-time and middle-income buyers.

Click Here to the FHA Condo Eligibility Rules Many associations were first alerted to the little-publicized revisions when unit owners complained that bona fide buyers were repeatedly disallowed FHA mortgage financing. The FHA thought it unnecessary to inform condos, co-ops and homeowner associations about the rule changes. Prompted by unit owners seeking to sell or refinance, when associations applied to reinstate their lapsed eligibility, the vast majority were rejected. Thousands of complaints are pouring in to the FHA from all parts of the country. While the revisions impact associations nationwide, they are particularly devastating to the slowly recovering South Florida market.

Click Here to the FHA Condo Eligibility Rules Contending that the new rules “have been prudently designed to avert losses from delinquencies and foreclosures,” the revised FHA regulations tightened required standards for association budgets, levels of insurance and reserve funds. However, hundreds of associations that ostensibly meet the new standards are being systematically rejected. Evidently, anal psychotic bureaucrats are rejecting fiscally compliant associations for “technical violations.” As recently reported in the St. Petersburg Times, an association was declared ineligible because the bank account that housed the association’s fully funded reserves didn’t carry the words “Reserve Fund”.

Click Here to the Community Associations Institute (CAI) web site The 30,000 member Community Associations Institute (CAI), a nationally recognized condo industry advocate, has joined with tens of thousands of buyers, sellers, associations and realtors in objecting to the new rules and how they are being implemented. CAI Government Affairs Director Andrew Fortin insisted that the agency once again failed to consult with Industry leaders before covertly adjudicating the new standards. Focusing on the single most dogmatic issue, he questions why the agency is requiring volunteer board members to place themselves in personal legal jeopardy to elicit FHA approval for their association.

CAI Government Affairs Director Andrew Fortin
CAI GOVERNMENT AFFAIRS
DIRECTOR ANDREW FORTIN
Describing a case that drew CAI involvement, Fortin explained that no more than 15 percent of an association’s unit owners can be 30 days or more delinquent on their association dues to sustain eligibility. Despite the fact that this standard is a moving target prone to monthly variation, the association’s board members must personally certify compliance to achieve eligibility. Board members must also sign statements confirming that the condo documents comply with all local statutes. Buried in the haystack of personal guarantees is an enigmatic requirement for board members to certify that they have no knowledge of situations that could cause any unit owner to become delinquent at some later date (includes disputes between unit owners, dissatisfaction with the association, etc.).

Penalties for mandatory certifications that are later deemed ‘incorrect” include $1 million in fines and 30 years imprisonment. What board member this side of Bellevue will risk life in prison for failing to accurately predict future unit owner delinquencies? Since the FHA is a Federal nuthouse, call Congressman Allen West at (954) 202-6211, Senator Bill Nelson at (954) 693-4851 and/or Senator Marco Rubio at (305) 418-8553. For more information, check Mortgage Matters on the CAI website (www.caionline.org).

While the FHA fumbles through another policy blunder that could render unmarketable 92% of the nation’s condo units, HUD has decided to insert itself into the growing controversy over the process used by “no-pet” associations to ascertain if accommodated pets qualify as service animals, assistance animals, companion animals, emotional support animals, etc.

Click Here to the Americans with Disabilities Act (ADA) web site Two laws govern the fate of animals in no-pet associations. Title III of the Americans with Disabilities Act (ADA) requires a public accommodation to modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. Since ADA proponents have the Department of Justice on speed dial, the DOJ recently clarified its definition of a service animal as “any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition...” As such, only dogs that are trained to perform assistive tasks conform to the ADA definition of a service animal.

Click Here to Federal Fair Housing Amendments Act (FHAA) The Federal Fair Housing Amendments Act (FHAA) mandates that housing providers (including community associations) cannot discriminate in the sale, rental or terms of housing due to a handicap of the prospective buyer or tenant. Any refusal to make a “reasonable accommodation” in rules, policies and practices or services which are “necessary to afford a person with disabilities an equal opportunity to use and enjoy the dwelling” constitutes discrimination.

Click Here to the Department of Justice web site Although the DOJ definition clears up some of the legal vagaries that have confounded association pet prohibitions, the Fair Housing Act virtually feeds on them. Doctors have identified companion animals as therapeutic treatment complements for depression, anxiety, arthritis and heart conditions. Since the Fair Housing Law provides a wide berth to physicians, some of the less credible diagnostic justifications include anaphylaxis (allergies), alcoholism and hair loss. If an accommodating physician is willing to certify that a patient will physically or emotionally benefit from any manner of companion animal, domestic or feral, that “patient” is legally entitled to a “reasonable accommodation” for his or her pet reticulated python.

Playa del Mar
PLAYA DEL MAR
Associations with pet limitations on the Galt Mile have been wrestling with this controversial dilemma. In Playa del Mar, where the association documents permit in-residence dogs under a certain size, owner factions for and against the pet restriction have been feuding over the rule in their condo docs for years. In L’Hermitage I, residents are struggling to limit the growing impact of the elephantine Federal loopholes. Since the poorly drafted Federal Laws are often arbitrarily applied, the conflict between pet owners and their associations has become a hot-button issue.

L’Hermitage I
L’HERMITAGE I
Unfortunately, the Fair Housing Law’s lack of specificity has invited widespread abuse in pet-prohibited associations, enabling manipulative unit owners to extort accommodation for ordinary house pets. While few people will dispute the need for a guide (seeing-eye) dog, when some unit owner engineers an accommodation for the family Rottweiler or the Boa Constrictor that some moron gave Junior for his birthday, the news that quickly spreads through the building generates resentment for the thinly veiled fraud. The resulting negative peer pressure is often the only tool available to association members who bought their homes with an expectation of living in a no-pet environment.

To balance the right of unit owners to enforce their home’s no-pet status and the right of those with a legitimate medical basis for an accommodation, Associations with no-pet policies often create reasonable rules that limit access for companion animals (not service animals), regulate animal noise and/or require proof of domestication. To defuse concerns about compromised hygiene, companion animals are often precluded from pool and recreational areas, the mail room, the office and are restricted to dedicated elevators (usually the service elevator), entrances and egresses. Associations have also set various standards for demonstrating medical necessity. Some require two diagnoses from different physicians; others require the physician to certify a specific animal in writing. Taking a page from disability insurance providers, some associations have requested ongoing therapeutic confirmation, asking the “patient” for an updated diagnosis every 6 months or annually.

The Philadelphian Condominium
THE PHILADELPHIAN CONDOMINIUM
In walks the Department of Housing and Urban Development (HUD), arguably one of the planet’s most conflicted bureaucracies. A sprawling 20-story condominium with 776 occupied units called The Philadelphian (2401 Pennsylvania Avenue in Philadelphia) faces discrimination charges filed by HUD over its approval process for accommodation or service animals. In their action against the Philadelphian Owners Association (POA), HUD tossed out any distinction between the two Federal Laws, ignored legal precedents and advocated allowing virtually any animal unrestricted access to all parts of the association property.

Click Here to the HUD web site In its complaint, HUD states, “Respondent POA’s pet policies discriminate against persons with disabilities in need of an assistance animal in many ways. For example, persons with disabilities who use an assistance animal may not enter the following areas when accompanied by their assistance animal: passenger elevators, lobby, lobby sitting rooms, library, art room, social rooms, swimming pool areas, fitness rooms, library, mailroom, common areas, management office or laundry room. In addition to its denials of valid reasonable accommodation requests, Respondent POA’s pet policies seek private medical information from a resident requesting an accommodation, to which it is not entitled.”

Click Here to Hawn v. Shoreline Towers Phase I CAI case HUD decided that the Association’s requests for medical verification are illegal, despite the precedent set by Hawn v. Shoreline Towers Phase I CAI, which determined that a board is entitled to request verification of a disability and the medical basis for an accommodation. In characterizing all in-residence animals as “assistance animals” that should be accorded the same access rights as unit owners, HUD ignores the differences between service animals as defined by the Americans with Disabilities Act (ADA) and emotional support animals required as accommodations under the Fair Housing Act (FHA). Since legitimate service animals are presumed to perform tasks that compensate for disabilities, the animal is generally permitted unfettered accompaniment of its owner. However, animals accommodated to alleviate the effects of arthritis or baldness are hardly critical to “use and enjoy” the library or the lobby sitting room.

Ironically, HUD is an agency with a longstanding reputation for requiring endless layers of support documentation before approving program eligibility for an individual or association applicant. Conversely, their action demands that an association approve exemptions to its pet prohibition based solely on the unverified claims of owners, guests, visitors, etc. In fact, it is unclear whether or not HUD favors allowing a trespasser to take his dog for a swim in the association pool.

The only HUD charge that wasn’t previously legally vacated is a woman’s claim that the association didn’t address the resentment expressed by her neighbors “because of her assistance dog.” HUD is prosecuting the association’s failure to prevent other residents from disparaging what they believe are medically laughable accommodation demands. In its charges, HUD implies that the association is responsible for the attitudes of its residents and that the board should have somehow forced them to respect one another.

Click Here to the HUD v. Philadelphian Owners’ Association case Although the Philadelphian case is one in a recent series of HUD cases brought to bring attention to the accommodation issue, its primary objective is to offset the media mugging HUD suffered for fumbling their management of Federal refinancing programs. They seem less concerned with the legal basis for their charges than their value as a nationwide vehicle for shedding the agency’s image as an insular, bloated and ineffective bureaucracy. Industry pundits point to similar high profile cases playing out in Nebraska, Utah and other jurisdictions across the country.

If HUD is successful, no-pet rules will become wholly unenforceable once an association is precluded from requiring medical verification. The real danger here has little to do with pets. If some heavily muscled Federal bureaucracy can obliterate an association’s rules and bylaws, they are interfering with the contractual rights of every unit owner who purchased their home with the understanding that pets wouldn’t be allowed. HUD is empowered to enforce the Fair Housing Act, not to rewrite it.

The case will be heard by a United States Administrative Law Judge who may award damages to aggrieved persons if discrimination is established. The judge may also order injunctive relief to deter further discrimination, as well as payment of attorney’s fees. In addition, the judge may impose fines “in order to vindicate the public interest.” If any party to the charge alternatively elects to have the case heard in federal district court, the judge may also bang the association for punitive damages.

Although association attorneys are closely following the legal events surrrounding this issue, there is no clear consensus about an appropriate association policy. As such, each association board should consult with their attorney about the need to draft procedures and adopt policies for evaluating accommodation requests in compliance with the two governing laws. Thus far, associations that have been able to demonstrate reasonable accommodation procedures and careful compliance with the ADA and Fair Housing laws have survived baseless or mercenary court challenges. Association boards with a history of treating such requests capriciously may want to ask their attorney to explain the possible consequences. If not, they may soon find themselves sharing a sandbox with HUD.

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Galt Ocean Mile
     
Ups its Game!

Gets “Gatekeeper” and Green Clean

Galt Ocean Mile Winn-Dixie
GALT OCEAN MILE WINN-DIXIE HELPS FOOD DRIVE
September 11, 2011 - Although not among the high priority issues that ordinarily preoccupy members of the Galt Mile Community Association (GMCA) Advisory Board, nagging questions about the neighborhood Winn-Dixie surface on a regular basis. Notwithstanding divergent opinions about the store’s service and product lines, raw convenience prompts almost every Galt Mile resident to cruise the aisles on a regular basis.

Winn-Dixie CEO Peter Lynch
W-D CEO PETER LYNCH
Winn-Dixie Stores, Inc. (Winn-Dixie) currently operates 484 stores in five southeastern states (Florida, Alabama, Georgia, Louisiana and Mississippi) including the grocery warehouse stores
operating under the SaveRite banner since 2002, which are being converted to Winn-Dixie Supermarkets. While all of the company’s stores offer grocery, meat, seafood, produce, deli, bakery, floral, health & beauty and other general merchandise items, the corporate network includes 401 pharmacies, 80 liquor stores and five fuel centers.

Winn-Dixie Preside over opening bell at NASDAQ
WINN-DIXIE RINGS OPENING BELL AT NASDAQ
Under intense competitive pressure from rivals including Wal-Mart and Publix Super Markets, the company filed for Chapter 11 protection on February 21, 2005. To stem the flow of red ink, Chairman, President, and CEO Peter Lynch – snatched from Albertson’s in 2004 – retrenched Winn-Dixie by exiting noncore markets and selling retail and manufacturing assets, including more than 500 supermarkets. It emerged from the bankruptcy reorganization on November 21, 2006 with $725 million in exit financing as a new company with a new Board of Directors. Number 324 in the Fortune 500 and no longer traded as “WIN” on the New York Stock Exchange (NYSE), the restructured company resurfaced on the NASDAQ exchange under the ticker symbol “WINN”.

Its status as a neighborhood institution engenders both concern and curiosity. Having survived a diatribe of rumored health code violations, a reorganizational bankruptcy and a battalion of light-fingered local customers, the Galt Ocean Mile Winn-Dixie has recently made some improvements that should enhance its credibility with local patrons as well as the community at large. Some of the store’s Managers recently addressed questions originally posed by local residents to their Advisory Board representatives.

Disappearing Carts Dilemma

Community concerns fall into three title issues; shopping carts, health standards and product lines. Shopping carts have historically been a double edged sword. Residents who wheeled their groceries from the store to their kitchens before depositing the cart in the adjacent hallway created problems for the store, their associations and the community. Associations do not have extra personnel available to return the carts. Some implemented rules requiring anyone who wheels one in to subsequently wheel it out. Unfortunately, this often resulted in carts accumulating on the sidewalk in front of the building. Other Associations prohibited the carts from their premises - requiring residents to transfer their packages from the Winn-Dixie cart to an association cart upon entering the building. These carts also wound up on the sidewalk.

Click Here to Woolbright Development web site The dilemma this created for Winn-Dixie was far worse. At any given time, a sizable number of carts were unavailable to shoppers. To compensate for these cart-jackings, a former store Director made arrangements with former landlord Danebelt Management to collect the carts from the street as well as those strewn about the adjacent 2-block long commercial parking lot. When the underlying real estate was acquired first by Woolbright Development of Boca Raton and then by Palm Beach Gardens-based Kitson & Partners, the store was forced to recruit additional staff to retrieve the carts. Since their property’s 45.7% vacancy rate forced Kitson into a $59.2 million refinancing this past March, good will tenant perks are not in the cards. The cart inventory required to adequately service customers had to be significantly expanded to offset those stranded “off-property”. Unlike the $60 to $80 plastic carts commonly used by associations, replacing the pirated steel carts cost the store about $200 apiece. Adding to the store’s headache is a thriving black market for these items. Where do you think the carts sold in flea markets, swap shops and online auction sites come from?

Click Here to Kitson & Partners web site Galt Mile pedestrians objected to the carts cluttering their sidewalks, associations didn’t want them inside their premises and the City could pop out a containment ordinance on short order. Winn-Dixie grew increasingly frustrated by their constant battle to retrieve or replace carts taken off property. Despite the prospect of alienating customers, management nervously conceived a deterrent. With the support of the neighborhood association, they posted signs warning that anyone responsible for removing the carts from their property would be prosecuted. While the threat of jail time and a sizable fine had some impact, it didn’t stem the casual thievery. One flustered shift Manager said, “Many customers who complain about the lack of carts roll their groceries down the block without a thought. Strangely enough, some of them even accuse us of being negligent for not actively prosecuting scofflaws.”

Winn-Dixie corporate headquarters in Jacksonville
W-D CORPORATE HEADQUARTERS IN JACKSONVILLE
In 2006, former Store Director Timothy Haas said that the company was preparing to affix devices to the carts that would incapacitate them once outside a designated perimeter. When a defined catchment area is penetrated, one or more wheels on the cart would cease to turn, immobilizing the cart. Having proven very effective in their Jacksonville stores and other outlets, Mr. Haas asserted that the immobilization devices would soon protect carts at the Galt Mile store.

Instead, years passed without the required approval from corporate headquarters in Jacksonville. In the interim, the local store implemented a customer service based alternative. After loading the carts at checkout, they would accompany the customers’ groceries to their vehicles, unload and return the empty carts, along with others snagged in the parking lot. While it slowed the losses, carts continued to populate local sidewalks, association garages and the walk-in closets of Galt Mile kleptomaniacs.

CartControl Curtails Crisis

Gatekeeper Systems’ marketing communications manager Karryn Gleckner
KARRYN GLECKNER
Click Here to Gatekeeper web site Five years later – in the summer of 2011 – the Galt Ocean Mile Winn-Dixie installed CartControl, a shopping cart theft prevention system developed by Gatekeeper Systems. Based in Irvine, California, the company specializes in cart containment technology. According to Gatekeeper Systems’ marketing communications manager Karryn Gleckner, the average cost per store is $18,000. However, the actual cost ranges from $6,000 to $50,000 per location, depending on the size of the store’s parking lot and the number of carts integrated into the system.

Click Here to Gatekeeper web site To dampen confusion, store employees are proactively educating customers about how the new system works. An antenna encased in a 1/4-inch cable is embedded in the perimeter around the store’s parking field and entrance walkway. A transmitter in the store broadcasts a digitally encoded radio signal through the antenna. When the cart reaches the perimeter, a receiver in the cart picks up the dedicated radio frequency and triggers a lock affixed to one of the cart’s wheels. Using a hand held transmitter called a Cart Key, Front End Store Manager Araceli Serna demonstrated how an employee can release the locked wheel and return the cart to service.

Gatekeeper Systems’ Cart Key
GATEKEEPER CART KEY
At the Galt Mile store, the perimeter is marked by a yellow line that crosses the store’s entrance walkway and a sign on the adjacent wall warning shoppers not to take carts past the line. Grocery Manager Jean Cothière said “The cart doesn’t have to be in contact with the ground for the lock to work.” Even if lifted over the line, the wheel fitted with the locking device will still receive the signal and freeze within 2.2 seconds. The system draws on some of the technology used by the keyless entry systems recently installed by many local associations; only the radio signal is substantially stronger.

In hundreds of cities and counties across the country (including Dania Beach, Deerfield Beach, Hallandale, Oakland Park, Wilton Manors, Miami-Dade County, Tampa and 18 other Florida jurisdictions), cart containment systems are required by ordinance. Carts located on Miami-Dade public property are impounded. If the owner fails to retrieve them with ten days, they are discarded. Incredibly, a customer caught wheeling a groceries-filled cart across the street without written permission from the store can do a year in the slammer (Sections 8A-76 and 8A-76.1.Shopping Carts – Miami-Dade County Code of Ordinances).

Winn-Dixie Green & Clean

Microbiology Professor and Lead Researcher Charles Gerba
MICROBIOLOGY PROFESSOR
CHARLES GERBA
While OSHA, the U.S. Department of Agriculture, the EPA and the FDA enforce a broad range of regulations governing sanitary in-store conditions, once your food is placed in a cart or basket, you’re on your own. The store’s carts bounce around the parking lot, navigate local streets, sidewalks, association garages and when left in front of buildings – are often parked next to dumpsters filled with festering bacteria. Not surprisingly, local residents sent emails to GMCA officials inquiring about the sanitary condition of these carts. Their concerns proved neither unique nor unjustified. In a study conducted at the University of Arizona, handles from shopping carts sampled from four different states were examined for dangerous microorganisms. 61 of the 85 carts tested (72%) were rife with fecal bacteria. In another sample, half tested positive for Escherichia coli (E.Coli). An earlier study revealed that children riding in shopping carts were predisposed to bacterial infections from salmonella and campylobacter. University of Arizona microbiology professor and lead researcher Charles Gerba warned that if reusable shopping bags aren’t regularly washed, they become bacterial swamps. “It’s like wearing the same underwear every day,” said Gerba. Given their close proximity to much of the food we consume, health concerns about carts and other in-store equipment spread rapidly across the country, prompting large chains to implement grocery safety programs.

Winn-Dixie marketing VP Mary Kellmanson
WINN-DIXIE MARKETING
VP MARY KELLMANSON
Click Here to Green Secure Solutions web site In early spring, Winn-Dixie contracted with a Pompano Beach company called Green Secure Solutions to sanitize their carts. “This service protects our customers’ health by using an environmentally safe product that continues to kill bacteria and other microorganisms for six months between treatments,” said Winn-Dixie marketing VP Mary Kellmanson. The patent-pending process is applied like a car wash. Supermarket equipment handled by consumers such as shopping carts, hand baskets, handicap carts and food trays are passed through a high-temperature, pressurized shower and sterilized with hydrogen peroxide and ultraviolet light. Once the carts are dry, technicians from the Pompano Beach company apply a water-based highly durable coating called MaxGreen Protection, which forms a covalent bond to equipment surfaces and remains effective for months.

Winn-Dixie carts sterilized by Green Secure Solutions MaxGreen Protection process
GREEN SECURE SOLUTIONS STERILIZING WINN DIXIE CARTS
Registered with the U.S. Environmental Protection Agency and approved by the U.S. Department of Agriculture for use in food preparation areas, MaxGreen Protection eliminates and inhibits the growth of mold, mildew, fungus and microorganisms. Describing the process benefits, Green Secure Solutions’ CEO Max Ozgercin said “Our system is the most advanced and environmentally safe technology available. There is no harmful waste water or chemicals running through a parking lot or getting into a storm sewer. Everything is self-contained in our mobile units.” According to a Winn-Dixie store manager, carts and baskets at the Galt Mile store have already been sanitized and are scheduled for regular treatments.

Product Pot Luck

It was a bit more difficult to accurately frame the third issue. After all, who can tell what supernatural force is responsible for the store being out of whatever anyone needs at the time that they need it? When asked how they determine which items to stock, the Manager explained that purchasing parameters are handled by Winn-Dixie corporate. They contract with an assortment of vendors and distributors, each of which provides a variety of products. When ordering stock satisfactory to its clientele, the local store is limited to contractually available products. What does this mean to us? If you’ve seen a product on the shelf, unless it’s been discontinued, you can get it. The store manager said, “If we run out of a product that we ordinarily carry, we can get it for you very quickly. If anyone wants something they don’t see, they can ask me or another manager about the item and we will order it. It will likely be here within a couple of days. If corporate has no relationship with the vendor, we can let you know.” He explained, “As a rule, if you’ve purchased it here before, we can get it for you.”

Galt vs. Galt

Some Galt Mile residents remember facing a crossroads a few decades back, at which time the neighborhood booted an opportunity to establish a Publix Supermarket at the present Winn-Dixie site. Dreaming instead about a rolling arboreal greenspace directly across the street, an extremely vocal minority of neighborhood residents nixed the project.

In 1987, a Fort Lauderdale developer planned an 118,000 sq. ft. commercial project on the northern end of the property bounded by State Road A1A and Galt Ocean Drive from 36th Street to 40th Street, the site currently occupied by the Galt Ocean Marketplace. Although the property was zoned for commercial development, Southern Centers Associates – who purchased the property from Coral Ridge Properties, Inc. for $4.37 million – sought neighborhood approval to build a supermarket and open-air promenade retail center.

Former GMCA President Dick Tymeson
PAST GMCA PRES.
DICK TYMESON
While the Galt Mile Community Association was negotiating with the developer, a group of megalomaniacal yahoos decided that a supermarket would disturb their Karma. Claiming a fictitious right to decide what the developer must build, a group of owners headed by Barnett Daniels formed The Galt Owners Association Inc. and scammed neighbors into believing that noise and pollution from the supermarket would be intolerable. Praying on retiree fears, they raised $117,000 to finance a nuisance suit against Southern Centers.

Architect Derek Vander Ploeg
GALT PROJECT ARCHITECT
DEREK VANDER PLOEG
The event marked one of the few times the neighborhood association fell asleep at the wheel. The development included a Publix supermarket, a two-story, open-air shop & restaurant promenade and a three-story bank and office building. Fearful of alienating local residents, the developer or the cage-rattling demagogues at meetings organized by the developer to discuss the plans, then President Dick Tymeson of Galt Mile Community Association sat idly by as this small but vocal group commandeered the agenda and squelched a residential majority supportive of the project. When a Broward Circuit Court judge dismissed the lawsuit as capricious in 1988 and the Galt Owners Association delivered nothing for the hundred grand it soaked from unit owners, newly elected former GMCA President Robert Rozema negotiated an agreement with architect Derek Vander Ploeg that provided for underground parking and an underground delivery access from A1A, shielding Galt Ocean Drive from traffic and noise. Rozema also negotiated home delivery for disabled and elderly residents. Unfortunately, it was too late. The damage was done.

Click Here to Publix web site
Former GMCA President Robert Rozema
FORMER GMCA PRESIDENT
ROBERT ROZEMA
After Publix decided to forego further abuse and bug out, no supermarket would even consider the project. Once the case against Southern Centers was tossed, the developer sued Galt Owners Association President Barnett Daniels and 3 others over the loss of Publix. GMCA’s past President Rozema expressed regret over Daniels’ quixotic belligerence and the loss of Publix, lamenting “It’s like winning the battle and losing the war. Publix is a pretty upscale supermarket and now a less formidable grocery store could take its place.” Years later, when the Galt Ocean Marketplace developer convinced Winn-Dixie to anchor the shopping center in 1992, the same miscreants who splashed the original project demanded that neighborhood officials crawl back to Publix and apologize to the chain’s Lakeland executives. Again during Winn-Dixie’s 2006 brush with bankruptcy, residents filled with regret at having chased off Publix entertained the prospect of luring the company back. Not a chance of a snowball in hell! With thriving outlets a mile north (at Sea Ranch Lakes) and a mile west (at Coral Ridge Mall), Publix expressed an unwavering disinterest in resurrecting a relationship.

Winn-Dixie Bounces Back

Given the current reality, directing our efforts towards improving the Winn-Dixie is our best option. A few years ago, reeling from corporate financing problems, the store appeared to be operating as if they were conducting a garage sale. Products were left in boxes strewn about the premises. Shelves were half empty and employees behaved as if they were impatiently awaiting severance checks. Since then, they have made a remarkable transformation.

Winn-Dixie installs IBM SurePOS 700 systems w/software, SurePoint infrared touch displays and SureMark thermal impact printer
WINN-DIXIE INSTALLS IBM SUREPOS 700
CHECKOUT SYSTEM SUREPOINT TOUCH
DISPLAY AND SUREMARK IMPACT PRINTER
The store is better organized and corporate has made a palpable commitment to its modernization. Areas that appeared perpetually dirty have been cleaned up. After months of diligently teaching shoppers how to use newly installed self-service checkout technology, the aggravating checkout lines have all but disappeared. In August, Winn-Dixie purchased 6000 IBM SurePOS 700 systems w/software, SurePoint infrared touch displays and SureMark thermal impact printers to further enhance checkout in the 484 stores. Installation of the high-tech cart containment system is reasonably indicative of a corporate decision to stop treating the Galt Mile store like a red-headed stepchild. Winn-Dixie also exercised industry leadership by expeditiously committing to a “Green” cart cleanup solution. Since the issue concerning product lines is largely subjective, it may be some time before Winn-Dixie cobbles together a successful formula for ordering stock. On the bright side, one strategic objective of a recently initiated corporate program to “transform stores” is to better tailor each outlet to its surrounding neighborhood. Hopefully, that will include more closely matching available products to local consumer preferences.

For all of its historical bumps, the vast majority of Galt Mile residents appreciate the convenience of having the supermarket close at hand. Residents dissatisfied with Winn-Dixie’s product shortcomings simply make an occasional trip to the Publix or Whole Foods down the block! Corporate and on-site efforts to improve the store are convincing many previously alienated customers to return. If you haven’t shopped there for a while, you will likely be pleasantly surprised if you choose to give Winn-Dixie another shot. Who knows? Maybe they’ll even fix their product lines and save us those twice monthly trips to Publix.

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Private Investigator James Rigney
PI JAMES RIGNEY
May 13, 2011 - Last year, veteran Building Manager Jim Beard of the
Ocean Riviera called Private Investigator (PI) Jim Rigney, a retired New York City Detective who lives in The Regency Tower. Rigney’s agency, Pelican Group International, does background checks of prospective buyers or tenants for several Galt Mile associations. When Beard told Rigney that he had a job for him, he headed south to Beard’s building at 3550 Galt Ocean Drive. On his arrival, Beard handed him a file containing a screening application for the Ocean Riviera Condominium Association. Rigney got to work.

Click Here to the Pelican Group International web site Throughout their careers, law enforcement professionals meet counterparts in municipal and State police departments, intelligence agencies, prison systems, the Justice Department and a broad spectrum of Federal and International police, intelligence and penal services. In time, these casual relationships morph into an informal yet impressive informational network. If the former crime fighters become private investigators when they retire, the quality of these contacts is one of the most important professional assets that will serve to distinguish them from competitors. Needless to say, Rigney’s post-career outreach is substantial. His Pelican Group International performs investigations worldwide.

Ocean Riviera
OCEAN RIVIERA
For the case he was just assigned by Beard, he would have to collect chips from all over the country. The Ocean Riviera applicant spent time in Grand Rapids & Byron Center (Michigan), Lawrenceville & Grayson (Georgia), Chattanooga (Tennessee) and the North Beach area in Fort Lauderdale. Although it isn’t unusual for Rigney to find negative reports about a subject, the bad news about this guy was off the charts. The PI’s public and private sources ultimately turned up 30 reports tagging the target a bad risk. Because Ocean Riviera’s savvy manager hired an overachieving former gumshoe, the association rejected the tenant - and a boatload of trouble.

Brian Edward Krebs Mug Shot
BRIAN EDWARD KREBS
In June of 2010, a persistent Brian Edward Krebs found an alternative location in his preferred Galt Ocean Mile neighborhood. Originally designed as an apartment house, converted into a condo-hotel and finally a condominium, the Galt Ocean Club at 3800 Galt Ocean Drive has a higher proportion of snowbirds than many neighboring associations. It’s very popular with South Americans and Europeans seeking a second home in South Florida. They often rent their apartments for most of the year. Other owners live here in Florida.

Click Here to Oncology & Biotech Recruiting web site Coral Springs resident Luis Desousa generates rental income from unit 908, a Galt Ocean Club apartment he’s owned for decades. Given the economic squeeze, he was lucky to fill his unit with a tenant. On his Linked in page, Krebs lists his occupation as CEO and owner of Oncology & Biotech Recruiting, a biotech sales placement service listed at 4326 Bougainvilla Drive in Lauderdale-by-the-Sea. It also indicates that Krebs was formerly a sales representative for Eli Lilly and Co. in Chicago.

East Grand Rapids High School
EAST GRAND RAPIDS HIGH SCHOOL
Krebs graduated from East Grand Rapids High School in 1991. He maintains having earned all-conference and all-state honors while performing as the captain of the football, hockey and baseball teams. He also claims that he graduated from Western Michigan University and was working toward a master’s degree from the University of Michigan. Ironically, on his Facebook page, he purports having a Master’s Degree in Mental Health Counseling.

Click Here to online Broward County court records search web site Although unaware that Krebs’ yellow sheet stretched around the block, Desousa knew that Krebs took “heavy medication” to stabilize his moods. Nevertheless, Desousa felt comfortable with Krebs’ credentials and considered him a viable tenant. Had Desousa checked online Broward County court records, he would have known that Krebs was convicted of attempted burglary and assault and battery in 2003 and ordered to probation. Presumably, he was oblivious to what his tenant was capable of.

GMCA President Pio Ieraci
GMCA PRESIDENT PIO IERACI
On April 17, 2011, Galt Mile Community Association President Pio Ieraci copied an email to every member association. Ieraci also serves as President of Galt Ocean Club Condominium. Entitled One Killed - 5 injured – Stabbing and addressed to “All”, a seemingly exasperated Ieraci wrote:

“Please excuse this intrusion into your Sunday evening and the tone of this note. It seems that we as association leaders are constantly lambasted as “bad people”, “intolerant”, “condo commandoes” etc.

Galt Ocean Club
GALT OCEAN CLUB
Last week Brian Krebs a tenant/renter at GOC (Galt Ocean Club) threw a lamp through his 9th floor apartment window, sending shards of glass down to the pool and pool deck below. He went on a rampage inside the apartment smashing the toilet bowl, all glass tables, imbedded a butcher knife in the wall etc. The GOC security staff has photographs of all the damage. The Fort Lauderdale Police stayed at the building waiting for Krebs to return. The GOC security staff was instructed by the Administration not to allow this lunatic back into the building fearing imminent danger to residents of the building.

The next day Krebs arrived at the building with the owner of the apartment and letter from his attorney, threatening the Association with legal action if he was barred from reentering the building.”

After investigating the April 9th incident at Galt Ocean Club, police issued a BOLO (be on the look-out) advisory for Krebs, warning officers that he was on the loose and possibly dangerous. Police didn’t issue a warrant or charge Krebs with any crime.

Apologizing again for his “rant”, Ieraci came to the point. As tight-knit vertical communities, we rely on Statutory Law, condominium documents and the Associations’ rules and regulations to insure members a safe and secure home environment. They also protect us from inadvertently or intentionally abusing or endangering one another. Unfortunately, as associations cycle through periods of political upheaval, it becomes popular to attack the board members, managers and security staffers only because it’s their job and/or responsibility to enforce those rules.

Click Here to the Becker & Poliakoff web site Having conferred with association attorney Becker & Poliakoff “to insure that the Association had taken all possible steps and precautions to protect the residents of the building,” Ieraci summarized his motive for sending the email to neighboring associations.

“I hope this serves as a ‘wake up call’ that Association administrator/boards are placed in difficult positions daily, I fervently believe that the vast majority of Boards really strive to act in the best interests of all owners.

In closing I am saddened by the terrible circumstances that have occurred, however am grateful that we Administrators/Board members/Security Staff continue to stand and insure that Statutory Law, Condominium Rules and Regulations are upheld to the best of our abilities.”

Brian Krebs Facebook Photo
BRIAN KREBS PHOTO FROM FACEBOOK PAGE
Following his rampage, Krebs explained to Desousa that his tantrum was triggered when a friend stole his pills. In an act of contrition apparently orchestrated by Desousa, Krebs equipped himself with a peace offering when he returned the next day – a new toilet that he and Desousa picked up at Home Depot. On Thursday, April 14th, Desousa accompanied Krebs to a meeting with the Galt Ocean Club security staff. He again defended his tenant, requesting that Krebs be allowed to return to the unit he trashed.

While appreciating Desousa’s wish to exercise tolerance, Ieraci expected the longtime association member to weigh that against placing his neighbors in harm’s way. Ieraci told reporters “I understand being compassionate, but under these circumstances, he should have said, ‘I need you to be out of the apartment immediately.’ This guy was dangerous.”

Click Here to the Fishtales Bar and Grill web site On April 16th - late Saturday night – the evicted Krebs was listening to a local musical group called the Untamed Band while knocking back shots at Fishtales, a popular restaurant and bar at 3555 Northeast 33rd St in the North Beach (Galt Ocean Shoppes) neighborhood. When the time came to pay the tab, Krebs balked and verbally lashed out at the bartender before departing. He returned to the bar at 3:30 am Sunday morning and resumed his argument over the bar tab.

Jimmy Pagano and The Untamed Band
JIMMY PAGANO AND THE UNTAMED BAND
The Untamed Band’s drummer, a well-liked 54 year-old South Florida musician and music promoter named Jimmy Pagano, was drawn into the conflict after finishing his set at the bar. Krebs pulled a knife and stabbed Pagano in the throat. Prostrate and bleeding profusely, Pagano begged for help. Two employees and two customers jumped on Krebs, who continued slashing away. While successfully restraining Krebs until police arrived, all four were injured during the melee. Pagano bled out from his neck wound. He was pronounced dead at Broward General Medical Center at 4 a.m.

Fort Lauderdale Police spokesman Sergeant Frank Sousa
FLPD SPOKESMAN SGT FRANK SOUSA
Fort Lauderdale Police spokesman Sergeant Frank Sousa stated the obvious, “There is no reason that anybody can justify going to the next level over a bar bill. Nobody’s life is worth a dispute over a bar bill.” Recognizing the bravery demonstrated by the four surviving victims, Sousa remarked “Everyone who was trying to help our victim put their lives at risk, and they suffered a stab wound as a result of it.” Stabbing victims Guy DiBona, Evan Abel, John Eierhart and John Rossi were sent to Broward General Medical Center to dress their wounds. Also injured during the outburst, Krebs was sent to the hospital in police custody. He was charged with one count of premeditated murder and four counts of aggravated battery with a deadly weapon. On April 25th, he was ordered held without bond.

Bloodsoaked Floor at Fishtales
BLOODSOAKED FLOOR AT FISHTALES
After the bloodbath, it remained unclear whether Desousa ever realized that his compassion was misplaced. Commenting on Krebs’ brutal behavior, the landlord said “I told him that he could not mix his medication with alcohol. He’s actually a nice guy. I never thought he would be aggressive.”

Krebs After Stabbing Incident
KREBS AFTER STABBING INCIDENT
In addition to the PI’s report that described Krebs’ repeated proclivity for antisocial and criminal behavior, Ocean Riviera Manager Jim Beard had personal knowledge of Krebs’ violent temperament. While Krebs was visiting a relative in Ocean Riviera about four months ago, the police arrived and informed security that they were looking for Krebs. They headed to the unit Krebs was visiting, announced themselves and requested entry. While the police awaited a response, Krebs jumped from the second story balcony and ran, temporarily eluding his pursuers.

Police at Fishtales after Melee
POLICE AT FISHTALES AFTER MELEE
Ieraci’s frenzied “wake-up call” is a plea to recognize the unfair abuse heaped on security personnel, building managers and board members whose daily efforts keep us safe. Every unit owner has witnessed a neighbor verbally attack security for insisting that their guest sign in or blast the manager for daring to issue a written warning letter. Fortunately, most condo owners understand and respect their association’s rules and will pursue civil and legally acceptable methods to express their concerns. However, some residents consider themselves exempt from any rule with which they disagree. They believe their association membership entitles them to abuse the employees and association volunteers that protect them from danger. There are several in every association and they’re not hard to identify. Whenever you hear an association member scream at an employee “You work for me,” You’ve found one.

The incident at Galt Ocean Club brings focus to another security issue. Associations often have schizophrenic screening policies. Many will contract for comprehensive background checks when screening a prospective unit owner. Others limit their investigation to the shrinking number of statutory reasons for rejecting a candidate. For tenants, some associations will do little more than “Google” the applicant, if that! Associations generally require the leasing unit owner to assume full responsibility for their tenant’s behavior. What if the tenant is Brian Krebs?

The week-long swath of destruction cut by Krebs couldn’t have posed a greater danger to his Galt Ocean Club neighbors. The murder he allegedly committed in the bar across the street might have just as easily occurred during his rampage in unit 908. How did this wolf get into the henhouse? The first problem is State Law. Florida Statutes limit the amount of money collected for a background check to $100 per person. More often than not, how a PI manages the meager available resources will determine whether or not an investigation is productive. If the Galt Ocean Club had the same screening information as Ocean Riviera, they might have also rejected Krebs. Since an accurate screening report represents the front line in the struggle to keep people like Krebs out of our homes, an association should put as much research into selecting a PI as they do for their legal representation or management. Failure is not an option, the stakes are too high.

Brian Krebs and Steve Stifler
BRIAN KREBS AND "STEVE STIFLER"
Adam Herz
ADAM HERZ
A strange post script to this tragedy surfaced a few days later. The screenwriter and producer of the “American Pie” movies, Adam Herz, was a classmate of Krebs in East Grand Rapids High School. The “Steve Stifler” character that he wrote into “American Pie” in 1999, “American Pie 2” in 2001, and “American Wedding” in 2003 – an obnoxious hard-drinking jock – was inspired by Krebs. Herz’ mega-hit was originally entitled “East Great Falls High” which he based on his high school years in East Grand Rapids, Michigan.

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COOPERATIVE FEEDING PROGRAM
Galt Ocean Mile

2011 Food Drive

Final Results

April 17, 2011 - On Sunday morning, February 27, 2011, small groups of Galt Mile residents gravitated to Winn Dixie from 7:30 to 8 AM, amassing in the parking lot. At 8:45 AM, they embarked on a “5K Hunger Awareness Walk”. They didn’t undertake this ordeal and pay the $10 fee for the refreshments, the free t-shirt or the post-walk “burn” (well - maybe the t-shirt). Sponsored by local businesses (Fort Lauderdale Real Estate, WINN DIXIE, Century 21 Hansen Realty, SunTrust Bank, Las Orquideas Restaurant, Orchids Beauty Salon & Day Spa and Charisma International), the event graphically kicked off the 5th Annual Galt Mile Food Drive.

Domenic Faro
DOMENIC FARO
Click to the Fort Lauderdale Real Estate web site Two days earlier, Fort Lauderdale Real Estate proprietor and longtime Galt Mile resident Domenic Faro hosted a luncheon in his office (next to Dunkin Donuts) that doubled as an opportunity to distribute deposit boxes, flyers, posters and schedules for the food drive. The enthusiastic diners set an unprecedented collection goal - they hoped to exceed last year’s 20,000 points (the equivalent of 20,000 lbs. of food). This year, an agreement with Winn Dixie would add to the collection totals when grocery shoppers bought certain 2 for 1 specials.

CFP Executive Director Scott Woodburn
SCOTT WOODBURN
On Thursday, March 17th, Cooperative Feeding Program Executive Director Scott Woodburn released the 1st half totals to sharpen the participating associations’ competitive spirit. The collection totals were lagging behind those of last year. Hoping to personalize the statistics, Woodburn named those captains whose associations were outpacing their previous year’s donations. They included Annemarie Adams (Edgewater Arms), Bonnie Levitt (Coral Ridge Towers Original), Charles Baldwin (Plaza South), Janet Bolt (Ocean Club), Marcy Kravit (The Galleon), Marcela Santiago (Playa del Sol), Lee Lowenthal (Ocean Summit), Ayasha Agarrat (Plaza East), Chuck Swinghammer (Caribé) and Rosie Bowers (Playa del Mar). As it was their first Food Drive, Woodburn honorably mentioned captain Lisa Edwards of Coral Ridge Tower North.

Mary
MARY SHORT
Despite the slowed collection momentum, Woodburn remained optimistic about the final statistics. He said “I would also note that last year the food drive effort was supported by a few very generous philanthropists who we hope will come back with others to support this very important effort.” He was referring to several Galt Mile civic sparkplugs like GMCA Advisory Board member Mary Short, whose cash donations in 2010 played a significant role in virtually doubling the 2009 totals. Factoring in those dream dollars buoyed Woodburn’s outlook.

Scott Woodburn & Domenic Faro Present Trophy to Edgewater Arms' Annemarie Adams
SCOTT WOODBURN & DOMENIC FARO TOAST
LAST YEAR'S TROPHY WINNER EDGEWATER ARMS
On March 25th, while announcing the Food Drive’s final week, Woodburn released details for the Victory Celebration, an annual event organized to recognize the association that racked up the most points. To level the playing field for smaller associations, a second award recognizes the most points per unit. An association earns one point for each pound of food and/or each dollar collected. This year, proprietors Kevin Songer and Randy Liebig of the St Lawrence Gallery agreed to host the celebration at the popular storefront shop and gallery at 3556 N Ocean Boulevard. In a special request, Woodburn asked association captains to prompt their boards to appoint designates who would attend the April 12th event and receive their respective certificates of appreciation.

Click Here to the St Lawrence Gallery web site He notified participants that the final pickup would take place on March 31st beginning at 9 AM. Collections would start at Hermitage II, proceed north to Caribé and then jump to the Coral Ridge Towers Complex. During the 10 minutes planned at each stop, donors could ask for their final collection totals, although the official stats would be reserved for the April 12th Victory Celebration.

One dollar equals one pound of food The final totals knocked the participating associations for a loop. The 8089 lbs. of food collected by Galt Mile associations was abetted by cash donations amounting to $17,634, yielding an unprecedented 25,723 points. The new record was accompanied by a new grand champion. After a three year lock as runaway winner of both “total points” and “points per unit”, Edgewater Arms ceded recognition for total Points to Galt Ocean Club with 6,096 total points, although Edgewater Arms’ 69 points per unit was good enough to retain their championship in that category. Following the Victory Celebration festivities, Scott Woodburn reviewed the 2011 Galt Food Drive results in two documents he sent by email, a letter entitled, 2011 Final News and an Excel spreadsheet compilation of the final statistical summary - 2011 Final Results. See below for the content of these final correspondences:

The 2011 Galt Ocean Mile Food Drive Final News

Galt Ocean Club & Edgewater Arms are the Champs Congratulations on an amazing effort. We had another record setting year for the 2011 Galt Ocean Mile Food Drive.

We set a goal of beating the 2010 record setting total of 20,000 points and we did it! Super congratulations to all our condo participants for a wonderful record setting effort in our 2011 Food Drive. A total of 8,089 lbs. of badly needed food and an amazing $17,634 including the 5K run resulted in a record setting total of 25,723 pts. That total is almost 6,000pts better than the 2010 Food Drive Total. Congratulations to everyone on a great effort.

Galt Ocean Club - Israel Gonzales - 3rd in total points and 2nd in points per unit
GALT OCEAN CLUB - ISRAEL GONZALES
Our 2011 Galt Ocean Mile saw a change in the CHAMPIONS listing. Our new total points CHAMPIONSHIP will now reside at the Galt Ocean Club with a superb record setting 6,096 total point total. A Great Effort from Israel Gonzales manager and team Captain. A special thanks goes out to their benefactor Mary Short for her most generous and most gracious gift. Ms Short has championed many homeless and hunger related charities and we are grateful that she has chosen to support our efforts at the Galt. Thank you Mary. Her gift on the Galt Ocean Club’s behalf made all the difference in displacing Edgewater Arms in their attempt to retain their title as GRAND CHAMPION.

Annemarie Adams for Edgewater Arms - most points AND points per unit and Recognized Champion
EDGEWATER ARMS - ANNEMARIE
ADAMS 2008-09-10 GRAND CHAMPION
After a three year in a row run as Grand Champion, the Edgewater Arms Condo Association [sic – Cooperative Association] rein came to an end. But due to the record setting effort by Annemarie Adams and her Edgewater Arms members they did keep their points per unit Championship with a phenomenal record setting 69 points per unit total effort. Well done!

The Galt Community took the 2011 challenge seriously and it paid off with sizable increases from just about every condo association.

Bonnie Leavitt for Coral Ridge Towers Original
CRT ORIGINAL - BONNIE LEAVITT
A special congratulation goes out to Bonnie Levitt of Coral Ridge Towers Original Association who worked so very hard this year and brought in a 1,279 total, and for the first time joined our 1,000 point club along with the Galt Ocean Club with 6,096, the Edgewater Arms at 5,864 and Geri Boylan’s efforts at Coral Ridge South with 1,973 total points. All individual records for each association. Congratulations!

Playa del Sol - Marcela Santiago
PLAYA DEL SOL - MARCELA SANTIAGO
This year’s most improved award recognizes just about everyone else. However a special notice goes out to Lee Lowenthal at the Ocean Summit who more than doubled their 2010 effort and Ted Rogers, Commodore Association & Marcella Santiago of Playa de Sol who just about doubled their 2010 effort.

Lisa Edwards for Coral Ridge Towers North
CRT NORTH - LISA EDWARDS
And thanks to Lisa Edwards, Coral Ridge North for their first year efforts and Ronnie Stein at L Hermitage II in their first year efforts with L Hermitage being in our top ten rankings in both categories.

Plaza South - Charles Baldwin
PLAZA SOUTH - CHARLES BALDWIN
Of Special note: Cindy Songer, Galt Tower, Janet Bolt at the Ocean Club, Charles Baldwin at Plaza South, Marcy Kravit at the Galleon, Rosie Bowers at Playa Del Mar, Chuck Swinghammer at the Caribe, Ayasha Agarrat at Plaza East, Isabela Schita at Regency South, James Beard at Ocean Riviera, who all improved over their totals from last year. Thanks for such a good effort this year.

Fountainhead - Jennifer Donnelly
FOUNTAINHEAD - JENNIFER DONNELLY
In the points per unit category, how can anyone ever match the super generous effort of the wonderful folks at the Edgewater Arms with their almost 70 lbs per unit effort? But there was improvement at the Galt Ocean Club to 28 lbs/unit, Coral Ridge South at 5.8 lbs per unit, Regency Tower at 5.4, the Fountainhead and Commodore at 4.2 Coral Ridge Towers at 4, Ocean Summit at 3, L'Hermitage at 2.8, the Galt Towers at 2.6 and rounding out the top ten is the Ocean Club at 2.5 pts per unit.

One dollar equals one pound of food Thank you for a great effort in making this Food Drive effort the best yet. Your efforts and donations will make a difference. Your donations will change lives. Your donations will save lives. What a great gift and blessing to your neighbors and community.

Imagine the difference we can make when we work together. We can work magic.

Thanks for making this year’s food drive a record breaking success.

Scott A. Woodburn
LifeNet4Families/Cooperative Feeding Program
954-629-7381
scott@feedingbroward.org

Collection Results
(23 Participating Associations)

Total Lbs & $$$ (Points)Lbs & $$$ (pts) per Unit
 
AssociationTotal PointsAssociationPoints/Unit
 
  1. Galt Ocean Club  6,096.0 points  1. Edgewater Arms69.0 points/unit  
  2. Edgewater Arms  5,863.5 points  2. Galt Ocean Club 28.0 points/unit  
  3. CRT South  1,973.5 points  3. CRT South 5.8 points/unit
  4. CRT ”Original”  1,279.0 points  4. Regency Tower 5.4 points/unit
  5. Commodore    797.0 points  5. Fountainhead 4.2 points/unit
  6. Ocean Summit    689.0 points  5. Commodore 4.2 points/unit
  7. Galt Towers    674.0 points  7. CRT ”Original” 4.0 points/unit
  8. Playa del Sol    665.5 points  8. Ocean Summit 3.0 points/unit
  9. L'Hermitage II    628.5 points  9. L'Hermitage II 2.8 points/unit
10. CRT East    613.0 points10. Galt Towers 2.6 points/unit
11. Regency Tower    559.0 points11. Ocean Club 2.5 points/unit
12. Fountainhead    534.0 points12. Caribé 2.3 points/unit
13. Ocean Club    525.5 points13. The Galleon 2.0 points/unit
14. Plaza South    469.0 points14. Playa del Sol 1.8 points/unit
15. The Galleon    423.0 points14. CRT East 1.8 points/unit
16. Southpoint    402.0 points16. Ocean Riviera 1.7 points/unit
16. Playa del Mar    402.0 points17. Plaza South 1.4 points/unit
18. Ocean Riviera    352.0 points18. Playa Del Mar 1.1 points/unit
19. Caribé    349.5 points19. Southpoint 1.0 points/unit
20. CRT North    235.0 points19. Regency South 1.0 points/unit
21. Plaza East    232.0 points21. Plaza East 0.9 points/unit
22. Regency South    210.0 points22. CRT North 0.7 points/unit
23. Royal Ambassador      89.5 points23. Royal Ambassador 0.4 points/unit
   
Subtotal24,136.0 points  
5K Walk  1,587.0 points  
   
Total Points25,723.0 points  
    

TOTAL POINTS GRAND CHAMPION
TOTAL POINTS/UNIT CHAMPION

The Cooperative Feeding Program is headquartered at NW 33rd Terrace in Fort Lauderdale (on the N. W. corner of Broward Blvd. and NW 33rd Terrace). Call them at (954) 792-2328, fax them at (954) 792-9982 or click here to send an email. Office and Emergency Pantry hours are Monday through Friday, 9 AM - 4 PM. The Community Kitchen serves from 9 AM through 11 AM, Monday through Saturday and Sundays from 11 AM through 12:30 PM.

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Galt Mile Utility Graffiti
GALT MILE UTILITY GRAFFITI
April 12, 2011 - For more than a decade, the Galt Mile Community Association met with intermittent success while trying to enforce a City promise to maintain in a “Disney-like manner” the self-funded landscape and hardscape features included in the 1993 Galt Mile Improvement Project. In late 2008, alternating periods of healthy green and crispy brown sidewalk beds finally came to an end.

José 'Chepo' Vega
JOSÉ “CHEPO” VEGA
Appointed by the Galt Mile Community Association Advisory Board, Commodore resident
José “Chepo” Vega provided two ingredients required to reverse the rotating neglect - unrelenting oversight and the dogged pursuit of City officials charged with neighborhood maintenance. For more than a year, Chepo has undertaken a campaign to eliminate the local incarnation of a nationwide street blight he calls Utility Graffiti.

Click Here to Sunshine State One Call web site Intuitively, it’s a no-brainer. “Just make the bums who vandalize our streets erase their stinkin’ mess. What’s the big deal?” It’s not that simple. The cryptic multicolored ciphers aren’t random insults to the neighborhood’s aesthetic integrity. They are the functional by-product of a company parented by the State Legislature, Sunshine State One-Call of Florida, Inc. (One-Call or SSOCOF).

Click Here to Color Code web page The company maintains a current and comprehensive statewide database of buried system components belonging to their extensive membership of public utilities and private companies (operators). When informed of a planned excavation anywhere in the State, One-Call notifies member operators with facilities in the area of the proposed excavation or demolition. Within two business days (except when emergency repairs are indicated), they deploy an 8-color palette and scores of anagrammatic identifiers to mark the location of interred gas lines, pull boxes, water lines, electrical plexus, telephone linkages, cable conduits and other buried utility components. They also generate a similarly marked hand-held map for delivery to the excavator. Armed with a map of the buried utility elements, the job can proceed without wreaking havoc on local utility services. Before the One-Call system was legally formalized in Florida, black-outs, dry-outs and the loss of telephone, internet and television services hit buildings, blocks or entire neighborhoods with alarming frequency.

Click Here to USIC web site Marking an area for excavation requires high-priced personnel using a pantheon of expensive electronic detection equipment. The need to quickly and accurately perform this function has cultivated a specialized niche market. Some larger companies exploit economies of scale to financially justify developing in-house marking capabilities. Smaller operators and other utilities opt to outsource this responsibility to dedicated marking companies such as the United States Infrastructure Corporation (USIC).

Big Bucks from Transfer Fees Member operators are mandated to only map areas earmarked for excavation within 30 days. For projects that extend beyond one month, they are supposed to return each subsequent month to map the next 30 days of planned excavation. While this strategy effectively limits the utility graffiti a neighborhood must tolerate at any given time, it doubles mapping expenses for a two month project and multiplies marking costs for a year-long project by a factor of twelve. Forced to choose between a statutory slap on the wrist and a healthy addition to the corporate coffers, operators will often flood the street with months of markings while executing a boilerplate apology to One-Call alleging some unfortunate administrative oversight.

Big Bucks from Transfer Fees Since excavators are liable for damages that result from misreading degraded or adulterated markings, if wind, rain or foot traffic erodes the marking medium, the excavator must postpone demolition and ask One-Call to repeat the mapping process. Since time is money, excavators and operators both prefer using marking materials blended to endure a nuclear winter.

In a perfect world, the markings are erased when the construction is complete. In fact, the markings ordinarily survive the attendant project by months – or years. When local governments across Florida passed a wide variety of ordinances requiring that operators apply for a permit, pre-mark the target area, use certain low impact paints or remove the marks when the job was finished, the legislature responded with a statute that countermanded these local laws and forbade future interference with One-Call operations.

Senator Michael S. Bennett
SENATOR MICHAEL BENNETT
When the legislature passed the Underground Facility Damage Prevention and Safety Act, Chapter 556, F.S. in 1993, it failed to provide for removal of the markings required by the legislation. Last year, Florida Senator Michael Bennett filed Senate Bill 982 to cure that enigmatic omission. Unfortunately, his bill was neutered during an eleventh hour swap for a committee substitute. Instead of requiring that facility operators remove whatever substance they use to mark a designated area, SB 982 encouraged One-Call to educate member operators about the benefits of low-impact marking practices, reducing the bill to a bad joke. It also prohibited local government from adopting any conflicting laws.

Commodore Resident José 'Chepo' Vega and Commissioner Bruce Roberts
CHEPO AND COMM. BRUCE ROBERTS
Out of options, Chepo appealed to the Advisory Board for ideas. Unable to agree on a meaningful target, flustered board members decided against initiating an angry letter writing campaign. After some discussion, it was suggested that the community relations department supported by every major utility might be receptive to a project that could generate a truckload of statewide positive publicity. These well-funded corporate appendages are always on the lookout for opportunities to rehabilitate corporate reputations shattered by decades of arrogantly abusing a mostly captive customer base. It would certainly be a step up from sponsoring refreshments for participants in a golden age Mah Jongg tournament or county fair chariot pulls for three-legged bulldogs. City Commissioner Bruce Roberts informed Advisory Board members about a city department that regularly interfaces with utility representatives.

County Commissioner Chip LaMarca
COUNTY COMMISSIONER CHIP LAMARCA
The board asked Commissioner Roberts and County Commissioner Chip LaMarca to broker a meeting with City and County utility liaisons, One-Call representatives and the neighborhood association. At a subsequent Presidents Council meeting in Coral Ridge Towers, Roberts reported that he’d received enthusiastic feedback from a key official in Sunshine State One-Call. He also consulted with Public Works personnel who work with corporate counterparts in utilities that service Fort Lauderdale residents. Following the roadmap outlined earlier by the Advisory Board, Roberts announced that he and County Commissioner LaMarca would next arrange a meeting with all the parties.

Damage Prevention Liaison Sergio J. Clavijo of Sunshine State One-Call
SERGIO J. CLAVIJO
Roberts initially contacted Damage Prevention Liaison Sergio J. Clavijo of Sunshine State One-Call and spelled out the community’s objective. Clavijo agreed to meet with GMCA officials and representatives of Utilities that service the Galt Mile neighborhood immediately following the March 17, 2011, Advisory Board meeting. Hitting the phones, Roberts, LaMarca and Clavijo reached out to representatives from AT&T, FP&L, TECO Gas, Comcast and USIC (United States Infrastructure Corporation - a well-reputed marking contractor engaged by many Florida utilities).

The 2 PM meeting in Galt Ocean Club included Distribution and Collection Division Chief Kris Kmon from the City of Fort Lauderdale Public Works Department (repairs road surfaces), Utility Coordinator Wayne Windsor from TECO Peoples Gas, Cable Damage Prevention Coordinator Margaret Rodriguez from AT&T, Statewide Cable Locator Mario Escalona from FP&L, USIC's Thomas Fernandez (marking contractor for FP&L, AT&T & Comcast), Sergio J. Clavijo and his boss - Damage Presentation manager Cheryl Ritter of Sunshine State One-Call.

Early in the meeting, it became evident that Clavijo and Ritter survive in a state of quiet desperation. The same people who bitterly complain about the street markings would spit blood if their telephone lines were clipped by some non-compliant landscaping contractor or more to the point, if their lives were endangered by an inadvertently ruptured gas line. Consequently, One-Call also takes heat for the actions of member-operators who inflame neighborhood tensions by overmarking excavation sites and fail to remove markings for long-completed projects. During the 20 years spent in futile anticipation of a legislative rescue, all parties to the One-Call system were forced to make due without an integral part of their operational playbook.

Utility Removes Identifiers
UTILITY REMOVES IDENTIFIERS
From their discussion with One-Call and area utility representatives, GMCA officials learned that the main obstacle to timely removal of utility markings is a communication lapse at the final stage of the process. Since there is no financial or statutory incentive to remove the markings, utilities have historically assigned a low priority to following up on a project’s progress. Similarly, once excavators finish digging their holes, they collect their fees and hit the wind. Because One-Call doesn’t have the resources to aggressively monitor the status of excavations statewide, these projects understandably fall through the cracks. If some methodology could be developed to reliably inform operators when a project is completed, they would agree to remove the markings in short order.

Ironically, the fact that these markings persist long after the related construction is finished isn’t lost on the local residents. If a community representative could somehow confirm a project’s completion and promptly notify the operator, the markings could be expeditiously addressed. As Sergio explained, it is impossible to ascertain a project’s status based solely on casual observation. However, if the community representative was provided limited access to proprietary documentation by the utilities and public records by the City, any lingering uncertainty about a project’s completion might be dispelled. Admittedly unaware of any precedent for this type of ad hoc solution, optimistic participants viewed the meeting as an important first step. Before proceeding, the utility liaisons would try to solicit corporate approval while One-Call and the City explore potential statutory or regulatory obstacles.

City Commissioner Bruce Roberts
CITY COMMISSIONER BRUCE ROBERTS
At the April 4th Presidents Council meeting in Playa del Sol, after describing some of One-Call’s historical problems, Sergio Clavijo and Cheryl Ritter outlined the prospective initiatives currently under consideration. Earlier in the day, they met with Commissioners Roberts and LaMarca at the Beach Community Center to discuss the bureaucratic mechanics of moving the project forward. Following One-Call’s Playa del Sol presentation, Commissioner Roberts announced “If successful, the Galt Mile community will have established a prototype that will be duplicated in hundreds of Florida neighborhoods.”

1976 New York Subway
1976 NEW YORK SUBWAY
While any reasonably well balanced Galt Mile resident will readily concede that the removal of graffiti falls short of warranting national acclaim, Roberts’ parting observation is on the money. The local ordinances invalidated by the Legislature were originally enacted in response to tens of thousands of complaints issuing from all parts of Florida. If the recent talks yield a viable alternative, One-Call will offer the process to any community whose residents want to reduce the extent and duration that their streets resemble a New York City subway station in 1976. More to come...

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Click to the Federal Housing Finance Agency (FHFA) web site March 14, 2011 - On August 13, 2010, the Federal Housing Finance Agency (FHFA) issued a media release proposing a regulation to ban the use of deed-based or covenant-based transfer fees. The FHFA’s stated intention was to prevent Real Estate speculators from incrementally bloodletting homeowners whenever a property is sold. Private transfer fees Mortgage Lockout - commonly referred to as a “flip tax” - often go to unidentified third parties for questionable services or simply enable developers to squeeze an unearned premium from homebuyers. When the FHFA released its strategy for excising these parasitic elements from the purchase process, the poorly drafted proposal also threatened to devalue properties owned by millions of association members across the country. Thanks to the efforts of the Community Association Institute (CAI) and tens of thousands of concerned unit owners (including many Galt Mile residents); we may have dodged a catastrophic mortgage lockout.

Click to Freehold Capital Partners of New York web site The real target of the FHFA’s new rule was an investment vehicle devised by Freehold Capital Partners of New York. Restricted or banned in 18 states, participating developers or property owners record long-term covenants requiring payments to trustees or other private parties whenever the property is resold. Under the Freehold program, a 1% fee is paid by the seller at every closing over a 99-year period. A trustee distributes the funds to investors, which usually include the original developer.

Big Bucks from Transfer Fees Harvesting these private transfer fees is an extraordinarily lucrative endeavor, since a century of inflating property values can easily quadruple the developer’s income from any participating property. While raising the cost of every enrolled property, the Freehold flip tax primarily burdens home buyers in professions requiring frequent relocations, like military families, corporate professionals, seasonal workers and government employees. Since the fees are structured as liens on the underlying real estate, sellers are often oblivious to their “silent partner” until they close on the property.

Click to the Coalition to Stop Wall Street Home Resale Fees web site When Freehold’s property portfolio grew from $488 billion in 2009 to $600 billion in 2010, their contention that “Reconveyance Fees” barely burdened the cost of Real Estate became an inside joke on Wall Street. After watching this scam assume cosmic proportions, a caucus of 11 organizations promoting widely divergent agendas joined to form the Coalition to Stop Wall Street Home Resale Fees. Comprised of veterans groups, consumer advocates, labor unions representing transport workers and government employees, the National Council of La Raza, libertarians and property rights groups, these strange bedfellows were spearheaded by two Washington juggernauts, the title insurance industry and the realtors’ lobby.

FHFA Deputy Director Stephen Cross
FHFA DEPUTY DIRECTOR
STEPHEN CROSS
Since the Freehold-style transfer fees openly violate Federal Housing Administration (FHA) regulations, the organization lobbied Treasury Secretary Timothy F. Geithner to pressure Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks into delisting such properties from mortgage eligibility. Deputy Director Stephen Cross of the FHFA’s Division of Federal Home Loan Bank Regulation agreed, stating “FHFA is concerned that the fees fund purely private streams of income for select market participants and do not benefit homeowners.”

Click to Freddie Mac web site The FHFA objects to the private transfer fees because they artificially raise the cost of homeownership. When those fees are washed through a Cayman Islands numbered account en route to invested developers, the Agency’s concerns are well founded. However, the FHFA rule would also apply to transfer fees used by many community associations to verify information alleged by prospective applicants for association membership. To insure that these dedicated transfer fees were equitably applied, most associations hard wired them into their governing documents as deed restrictions.

Click to Fannie Mae web site Since the FHFA rule didn’t distinguish between legitimate association transfer fees and those that serve as ethically dubious income streams for developers or undisclosed third parties, enacting the regulation as originally constructed would butcher the association market. If the proposed regulation were approved, Fannie Mae, Freddie Mac and the Federal Home Loan Banks – Government Sponsored Enterprises under FHFA control – would be prohibited from buying mortgages in community associations with deed-based transfer fees. As a consequence, lenders would refuse mortgage financing for those properties. Overnight, the association’s units would be rendered unmarketable to any buyer without cash-stuffed Hefty Bags.

Big Bucks from Transfer Fees When the FHFA failed to discriminate between association transfer fees and those that fuel the Freehold cash machine, the anti-fee Coalition issued a strongly worded supplication to the agency, “Don’t let Freehold muddy the water on this one - make sure that every homeowner knows the difference between their sneaky for-profit covenants and the communal amenities structure that HOAs and Condo associations use to benefit the property and the community.” Mortgage LockoutThey insisted that Freehold violated the longstanding real estate principle that “Any covenant that burdens the land should also benefit the land,” since their “for-profit transfer fees provide no service or benefit to homeowners, raise the costs of home ownership and direct money straight back to Freehold and other third parties.” In an unambiguous declaration of support for association transfer fees, they conclude “Resale fees levied by homeowners’ and condo associations, in contrast, direct money back towards homeowners in the form of infrastructure and amenity improvements. This is what differentiates them from the private, for-profit transfer fee that the Coalition opposes.”

Click to the Community Association Institute (CAI) web site
FHFA Acting Director Edward J. DeMarco
FHFA ACTING DIRECTOR
EDWARD J. DEMARCO
Fortunately, FHFA Acting Director Edward J. DeMarco agreed to weigh public input before dropping the hammer and implementing a mortgage prohibition. Drawing on its credibility as the nation’s foremost educational resource for Common Interest Communities, the Community Association Institute (CAI) raced to document the need for an association exemption before DeMarco’s response deadline. By combining results of a massive association survey with their existing database, CAI was able to statistically demonstrate that association transfer fees fully complied with Agency regulations.

CAI Hits Home Run By structuring reimbursement as a transfer fee, associations insure that screening and document handling costs are paid by the applicant, not the membership. Unlike private homebuyer “flip taxes” that invariably disappear into hopelessly blended offshore accounts, deed based fees collected by condos and HOAs fund improvements that directly benefit the association in which the homebuyer is a stakeholder. The dedicated funds are segregated, identifiable in the association budget and provably expensed, thereby meeting each of the Agency’s eligibility standards.

CAI Hits Home Run In late January, CAI hit a home run. Their statistical foundation paved the way for unit owners to bury the Agency in supportive correspondences. As a result, the FHFA adapted the rule to exempt community associations from a deed-based mortgage lockout. Two mildly threatening pitfalls remain. When the amended rule was entered in the Federal Register on February 1, 2011, it triggered a 60-day comment period. Until April 2nd, disgruntled investors can pummel the agency with self-serving recommendations aimed at delaying a final resolution. Secondly, if an association’s deed-based transfer fees fail to provably benefit the membership, the exemption rightfully reverts to primordial ooze. That aside, kudos to CAI!



COOPERATIVE FEEDING PROGRAM
Galt Ocean Mile

2011 Food Drive

Scott Woodburn & Domenic Faro Present Trophy to Edgewater Arms' Annemarie Adams
SCOTT WOODBURN & DOMENIC FARO TOAST
LAST YEAR'S TROPHY WINNER EDGEWATER ARMS
February 14, 2011 - On February 4th,
Cooperative Feeding Program (CFP) Executive Director Scott Woodburn notified the Galt Mile Community Association about plans for the annual Galt Mile Food Drive. While the message could be timely posted on the Galt Mile web site, it missed the February edition of the Galt Mile News by 4 days. Woodburn represents Broward County’s lead agency for the provision of services to the hungry and homeless. For 25 years, the Cooperative Feeding Program has provided counseling and support to help economically besieged families out of the throes of difficult times. This is the 5th annual Galt Mile Food Drive since Woodburn teamed with Fort Lauderdale Real Estate proprietor Domenic Faro (a past president of the Cooperative Feeding Program) and Marc Hamelsky in 2007 and convinced the neighborhood association to sponsor a friendly contribution competition among its member associations.

First Lutheran Church
FIRST LUTHERAN CHURCH
A forerunner to the Cooperative Feeding Program was launched in 1982 when Pastor Luther Anderson of the First Lutheran Church in downtown Fort Lauderdale turned donations from Church members into a small pantry with food for the needy. The neighbors took umbrage when homeless and hungry people pleading for something to eat filled the street. As the service strained to keep pace with ever expanding demand, it underwent several relocations and corporate adaptations. Its initial 1987 501(c)(3) certification as the not-for-profit “Lutheran Cooperative Feeding Program of Fort Lauderdale, Inc.” was restructured by 1991 as the 501(c)(3) Nondenominational “Cooperative Feeding Program”, passing both control and outreach from Lutherans to anyone in need. Relocated to the Salvation Army's 1445 West Broward Boulevard headquarters, its nondenominational service mission enabled the organization's eligibility for FEMA resources.

One dollar equals one pound of food From the humble beginnings of distributing a few peanut butter and jelly sandwiches to the homeless, to today’s provision of 1.2 million meals a year, the agency’s dramatic development has reflected both the growing numbers and the growing needs of the poor in our community. The CFP has entered into formal collaborative service agreements with about 100 agencies, entitling them to prescreen clients for emergency services. In addition to hot meals, the program's beneficiaries recieve counseling and classes in life skills as well as access to job training, health clinics, haircuts, pharmaceuticals, etc. Rents were paid and move-in costs were provided to help families facing the tragic national disgrace of homelessness.

Click to Cooperative Feeding Program on the Charity Navigator web site Operating solely on the funds and gifts generated by socially conscious individuals, businesses and organizations like the Galt Mile Community Association, the Cooperative Feeding Program doesn’t abide corporate conveniences. Charity Navigator, America's premier independent charity evaluator, rates the operational efficiency, administrative functionality and financial health of over 5,500 of America's largest charities. The Cooperative Feeding Program has earned the organization's highest "Four Star" rating. A remarkably pork-free 8.2% administrative overhead - audited - means resources are smoothly expedited from donors to hungry families.

6 tons of Galt Mile Food Fills Van
6 TONS OF GALT MILE FOOD FILLS VAN
The Cooperative Feeding Program community kitchen serves between 400 - 600 meals per day. Open 7 days each week (Mon-Sat 9-11 AM and Sunday 11- 12 PM). As the economy increasingly victimizes families, lines at The CFP wind further down the sidewalk, often into the street. They provide about 50-60 showers a day to individuals and families who have lost their homes. They plan to build additional showers in order to reduce long waits of four to five hours for a shower. To save money on paper products and truncate potential shower accidents, they installed environmentally friendly Tornado Body Dryers. Typically, 6,000 - 8,000 lbs of food must be packaged into vans filled with 250 family food boxes that are distributed to hungry clients each and every day.

One dollar equals one pound of food As in previous years, Galt Mile residents are called upon to rifle through their kitchens, bagging canned meats and fish, canned fruits, canned vegetables, canned meals, soups (canned and instant), peanut butter & jelly/jam, dried milk, pasta, rice, cereal and paper & plastic grocery bags. Baby food and baby formula (powdered or canned) and diapers of all sizes are needed to fill the repository bags. Galt Milers will also be asked to donate hygiene supplies such as small shampoos, conditioners, soap, toothbrushes, razors, and shaving cream to help those living on the edge. Checks payable to the Cooperative Feeding Program will also be accepted. Checks should be segregated until they are picked up, when the association Captain will disburse the collected checks. Each dollar converts to 1 pound of food - or one point - toward the Association's total.

Domenic Faro
DOMENIC FARO
CFP Executive Director Scott Woodburn
SCOTT WOODBURN
Without changing its mission, format or commitment, the program donned a new face last year, and is now officially known as LifeNet4Families / The Cooperative Feeding Program. As is his annual habit, Woodburn attached the annual Food Drive announcement to an email. He opens by stating "Attached is our 2011 food drive news letter outlining this years effort. I ask that you take note of the dates and activities. I will be coming around with the 5k posters in the next week or so and would ask that you urge your condo residents to participate. Its our kick off event and look to get a good crowd out, With the amount of folks who like to walk in the morning, we should be able to get a good group out. Thanks." The joint message from Woodburn and Faro is as follows:


5th Annual
2011 Galt Mile Community Association
Campaign to reduce hunger in Broward County...

Hello everyone,

Cooperative Feeding Program Headquarters
COOPERATIVE FEEDING PROGRAM HEADQUARTERS
Hunger continues as a real problem in Broward County. But with your help again this year WE can make a difference.

Over 20,000 lbs of food and cash was donated in your 2010 effort and best of all, we helped so many people in desperate need of our assistance. You really did make a difference, GREAT WORK!!

Annemarie Adams for Edgewater Arms - most points AND points per unit and Recognized Champion
EDGEWATER ARMS - ANNEMARIE
ADAMS 2008-09-10 GRAND CHAMPION
The goal for 2011 will be to beat the record of the 2010 drive and lets hope we can make our top ten list much more competitive. Congratulations to Edgewater Arms our three time repeat food drive winners. I hope more condo associations are up for the challenge, lets make a good run at them this year.

Click to the Fort Lauderdale Real Estate web site The 2011 food drive will again feature a special Kick off Luncheon for all Presidents & Condo Team Captains on Friday February 25 at noon at the Fort Lauderdale Real Estate office in the Ocean MarketPlace plaza, sponsored by Domenic Faro. This is our last opportunity to meet before the drive begins to answer questions, pick up our supplies, posters and food deposit boxes.

Galt Mile Residents Meet at the Winn Dixie
GALT MILERS START 5K WALK AT WINN DIXIE LAST YEAR
The drive kicks off with a 5K Hunger Awareness “Walk/ Run against Hunger”, on Sunday, February 27. Registration is @ 8 AM, kids under 12 free with a 5 can food donation, only $10 for others, you get refreshments, t-shirt and a good morning work out.

The Food drive begins on Monday, February 28 for the month of March, ending on the 31st.

Important note: For those who would rather donate money we wlll accept checks, and every dollar will equal one pound of food for recording purposes.

Sincerely

Domenic Faro
Fort Lauderdale Real Estate & Home Design

Scott A. Woodburn
LifeNet4Families/Cooperative Feeding Program
954-629-7381
scott@feedingbroward.org

LifeNet4Families
1 NW 33 Terrace, Ft Lauderdale, Florida 33311
954-792-2328, fax 792-9982
www.LifeNet4Families.org

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Notice

Commissioner Bruce Roberts’ District 1 Pre-Agenda Meeting

City Commissioner Bruce Roberts’ District I Pre-Agenda meetings will be held at 6:00 p.m. on Monday, December 5, 2011 at the Beach Community Center.

Two or more City Commissioners and/or Advisory Board members may be present at this meeting. All are invited to attend.

The Date: Monday, December 5th, 2011

The Time: 6:00 P.M.

The Place: One of two locations:

For more information, please call the City Commission office at 954 828-5004, Fax: (954) 828-5667, Email: RUptegrove@fortlauderdale.gov


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Click to Community Association Institute, Southeast Florida Chapter web site
community
ASSOCIATIONS INSTITUTE
SOUTHEAST FLORIDA CHAPTER
ANNOUNCES THEIR ANNUAL

Community Association Trade Show & Exposition


Please join us for this free event featuring speakers recognized Statewide and over 70 exhibitors demonstrating goods and services for community associations.

Click to Community Association Institute, Southeast Florida Chapter web site Keynote Presentation features a representative from Fannie Mae, the government-sponsored lending enterprise. Learn about lending guidelines and what association leaders can do to improve mortgage options for properties in their communities. Special introduction by Gary A. Poliakoff, J.D., co-author of New Neighborhoods: The Consumers Guide to Condominium, Co-Op and HOA Living.

Homeowner Education: 40 Year Building Inspection & Safety Program - Led by Klein and Hoffman, Inc. - Structural and Safety Inspections are required in both Miami-Dade and Broward Counties for buildings 40 years old and older. Learn what is included in the required inspections.

The Date: Saturday, January 30, 2010
The Time: 8:30 a.m. through 4:00 p.m.
The Place: Signature Grand
6900 State Road 84, Davie, FL 33317


There are Continuing Education Classes & Credits for Managers


The cost of Continuing Education Credits is $40.00 for members and $55.00 for non-members. Lunch Included in Registration Fee.


For further information, please contact Jill Prioetti, CED, at 954-816-0661 or click here to the CAI Trade Show web page. Door prizes and giveaways all day long – Win a Flat Screen HDTV for the Grand Prize Raffle! Admission to Event and Parking Free.


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community
ASSOCIATIONS INSTITUTE
SOUTHEAST FLORIDA CHAPTER
ANNOUNCES THEIR ANNUAL

Golf Traco Windows Tournament

Join your CAI-SEFL friends and colleagues this November and enjoy a day of fun on the fairways. Show your support for the Chapter and join your ‘golfing buddies’ for a day on the links. Golfing experience is not necessary; this is a fun, social event. Best Ball Format!

The Date: Friday, November 5th, 2010
The Time: 11:00 A.M.
The Place: Bonaventure Country Club
200 Bonaventure Boulevard
Weston, Florida 33317


Tournament Information

Contests for men and women include: Closest to the Pin and Longest Drive.

  • 11:00 a.m. - Registration
  • 12:00 Noon - Shotgun Start
  • 4:30 p.m. - Tournament Awards Dinner & Raffles
  • Golfers will have the opportunity to win raffles, door prizes and a Grand Prize in the Grand Raffle!
  • Awesome hole-in-one contest prizes!
  • Tournament is Best Ball Format!

After Golf

CAI Golf Tournament An awards dinner will wrap up the day’s activities. Trophies will be provided to 1st, 2nd, 3rd and the team that “Should Have Gone Fishing!”

The East Course at Bonaventure Country Club

Nationally Famous #3 Waterfall Hole
NATIONALLY FAMOUS #3 WATERFALL HOLE
We are celebrating the completion of the East Golf Course, Green, Tee and Bunker Renovations, Featuring the Nationally Famous #3 Waterfall Hole.

The East course, designed by Joe Lee, is a par 72 that measures 7,158 from the Black tees. This course has been rated as one of Florida’s top ten. Our East course is a classic Florida layout with holes routed through strands of mature palms and hardwoods, and around numerous water hazards and expansive bunkers.


Click to Community Association Institute, Southeast Florida Chapter web site For more information, call Jill Proietti at 954-816-0661 or Email: jillproietti@bellsouth.net. Click Here for the 2010 Golf Tournament page on the Southeast Florida Chapter of CAI web site.

Click Here to register for the CAI-SEFL 2010 Golf Tournament. Click Here for info about sponsorship opportunities for the Golf Tournament.


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Scam - of   the - Month



The Summer of

Car Dumped in Canal
Vehicle Dumped in Canal
August 8, 2010 - Florida has always been a fertile environment for motivated scam artists. Recently, the National Insurance Crime Bureau tagged the Sunshine State as the national leader in auto insurance fraud, a recession-driven scam wherein vehicle owners dump their cars into canals before shooting off loss/damage claims to understandably skeptical carriers. Although active throughout the year, the summer seems to hold special significance for Florida fraudsters. Several Galt Mile residents recently expressed concern about having been victimized by three of this year’s summer stings - two statewide and one national in scope.

Click to National Insurance Crime Bureau web site Every property owner in the State just had their pockets picked. Don’t worry; your money is still in your wallet... at least for a while. Here’s the deal. A Coral Ridge Towers (Original) resident who owns several Florida properties paid an early June insurance premium to Citizens Property Insurance Corp, the windstorm carrier for one of her properties. A month later, she was informed by Citizens that her check, along with thousands of others, is probably lining the pockets of some audacious thief operating out of Hialeah.

Citizens Property Insurance Corp. On June 24th, this creative crook strolled into the Post Office and dropped off standard change-of-address forms for the Jacksonville Corporate Center offices of Citizens Property Insurance Corp. and for a dedicated P.O. Box used by Florida’s “insurer of last resort”. Mr. Tricky Doggie requested that all correspondences be forwarded to an apartment in Hialeah. Fortunately, the reliably dysfunctional Postal Service screwed up the second change-of-address operation (targeting the company’s P.O. Box), so only 213,000 client mailings were diverted from the Citizens Jacksonville office at 6676 Corporate Center Parkway to the scammer’s Hialeah address.

Citizens Jacksonville Corporate Center offices
Citizens Jacksonville Corporate Center offices
In a curious footnote to this misadventure, Citizens didn’t cancel the bogus change-of-address order until June 29th. Although the mega-carrier ordinarily receives thousands of letters and packages every day, on Friday, June 25th, the mail bag was empty. The corporate inbox remained vacant for five full days before some ambitious executive trainee decided that the absence of mail to headquarters was sufficiently troublesome to justify an official inquiry to the Post Office.

United States Postal Service Company spokesperson Christine Turner Ashburn said “Citizens will credit customers for payment if their checks were cashed in the scam.” For customers who reacted quickly to early reports of the incident and called their banks to stop payment on their checks, the company assented to reimburse any related bank charges. The roughly 200,000 rerouted letters and packages contain premium payments ranging from a few $hundred to $thousands. If any of those premium checks mailed prior to June 28th were yours, contact a dedicated toll-free Citizens hotline at 1-888-685-1555. When our neighbor in Coral Ridge Towers called the hotline, she was informed that investigators were trying to reconstitute payment records and a Citizens representative would get back to her. Her outstanding payment hadn’t been recorded.

Click here for a review of Citizens assessments based on Florida Law Not to worry, Citizens will pick up the tab – that is to say – we will pick up the tab. The untold $millions bilked from Citizens will ultimately be billed to every insured property owner in Florida. It will be buried in the “Citizens Assessment” line item on every premium statement. Ashburn said that although the carrier is working with criminal investigators, USPS protocol includes no front end red flag capable of preventing this type of deception. Rather than suing the Post Office for this elephantine operational gaffe, the Citizens think tank opted to deploy a “hair of the dog” strategic response. They allocated $97,000 for a direct mailing to possible victims. Mildly amused by the ironic rewarding of the Post Office for enabling a thief to steal $millions from property owners statewide, Ashburn remarked “It’s almost comical.”

The real danger to Citizens policyholders whose checks were hijacked doesn’t end with a palliative reimbursement by the company. Since every hostage check provides a doorway to its issuer’s financial identity, a far greater threat is posed by the scam’s potential for identity theft. After cashing out, the scammers are likely to record tens of thousands of account numbers, bank routing numbers and any names and addresses linked to the accounts. The swindler(s) can either directly engage in a spending spree or sell the data using any number of private and public venues. Since many of these are available on the internet, the crook(s) can plausibly consummate these rip-offs from the kitchen table while still clad in pajamas. Given the prospective secondary shock waves facing their customers, Ashburn said “We’re going to send out direct letters to anyone who could have been sending us something. If one person’s identity gets taken because of this, we haven’t gone far enough.”

While conceding the danger, Ashburn skirted admitting to future liability for adverse financial consequences. Instead, she recommends that prospective victims protect themselves by contacting their financial institutions, credit card insurers and credit card bureaus to flag their suddenly vulnerable accounts. By alerting these agencies, victims stand a good chance of foiling future efforts to fraudulently open lines of credit using their identities. If you receive a congratulatory letter from the local BMW franchise for purchasing a new Z-4, it’s too late.

Florida Division of Corporations web site The second shell game - first reported by a Galt Mile vendor - is one of two scams referenced on the Florida Division of Corporations official website, www.sunbiz.org. Along with the usual junk that penetrated his internet security program’s email spam filter in early July, the local merchant received an email requesting a fee for complying with some official State corporate notice requirements. Experienced in wading through a daily complement of email hustles, he forwarded the phony phishing expedition to the neighborhood association and asked whether we were aware of similar flimflams. In the field of computer security, phishing is the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords, account numbers, Social Security Numbers and credit card details by masquerading as a trustworthy entity in an electronic communication – such as an email.

Bogus Sunbiz Web Site
Bogus Sunbiz Site
On July 10th, the Florida Division of Corporations posted a warning on its website about two widely posted misleading emails. In one case, an entity masquerading as a “Compliance Services” arm of the official State agency is emailing Florida companies, requesting their annual minutes and a fee of $125. In fact, no state agency requires the filing of a company's annual minutes. In the second scenario, something called the Florida Online Corporate Annual Report Filings is also emailing businesses, inviting them to file their annual reports on that group’s website. The correspondence is designed to create the false impression that the company is engaging in an official state-sanctioned service effort.

While the first set of bozos is raking in $125 payments from clueless victims, they also stand to receive enough corporate data to initiate a credit scam. While the second suspect site lacked the panache of exacting a fee for inducing a corporate victim to self-compromise fiscal security, a quick trip to the perpetrator’s web site reveals an attempt to solicit data useful for corporate identity theft, personal data about any officers and/or directors and a shot at collecting $50 for a Certificate of Status ordinarily costing $5 or $8.75. To legally insulate themselves from actionable liability, the Division launched the Consumer Alert on the home page of their website. They repudiate claims outlined in the emails and deny any association with the two entities.

Attorney General Bill McCollum
Attorney General
Bill McCollum
ESIS Corporation web site The third gambit, embodied in an email sent directly to the neighborhood association, exemplified the State’s most prevalent of summer frauds, those exploiting the Deepwater Horizon Oil Spill. In May, Florida Attorney General Bill McCollum warned residents against paying a fee for processing loss or damage claims resulting from the Gulf oil spill. Since British Petroleum’s (BP) authorized third-party claims administrator, ESIS, is processing spill-related claims on BP’s dime, McCollum exhorted “Floridians need to be on the lookout for people posing as authorized adjusters and requesting fees for free claims services.”

Federal Trade Commission web site In June, the Federal Trade Commission (FTC) issued an alert about “scam artists” using e-mails, websites, door-to-door collections, flyers, mailings and telephone calls to solicit money. The FTC reported receiving hundreds of complaints about scammers raising money for bogus environmental causes and fly-by-night charitable organizations or offering fraudulent remediation services. Others toured beachfront neighborhoods, offering to expedite loss claims for a fee or to help homeowners brazenly fabricate “airtight” damage claims. In the email sent to the neighborhood association, an outfit called Industrial Recovery offered a similar service for a fee. However, if requested account information was submitted, the fee would be waived. The snow job was immediately forwarded to McCollum’s office.

Scammer Tanya Callaway
Job Scammer
Tanya Callaway
In July, the Federal Trade Commission issued another consumer warning. Scammers had begun using fraudulent job ads to exploit the State’s huge pool of unemployed recession victims. Desperately needed jobs were offered in exchange for an up-front fee, usually for training or “certification”. In Atlanta, the police nailed owner Tanya Callaway of a temp company called Just Business. Callaway and partner Atlanta Police Officer Corey Hymes collected hundreds of $80 fees for jobs supposedly guaranteed by BP. The oil company never heard of Callaway or her employment business.

Able Body Labor web site Closer to home, McCollum is prosecuting Able Body Labor, a Clearwater-based temporary staffing firm with 170 branches in 25 states. Another targeted company, Southern Cat of Lynn Haven, is a nondescript opportunistic enterprise cobbled together two years ago. When employment entails exposure to hazardous substances, the law requires that candidates undergo Hazardous Waste Operations and Emergency Response Standard training, otherwise known as HAZWOPER, prior to qualifying for certification. Although the two companies advertised the training as free, when applicants graduated, the companies demanded fat fees of up to $450 before releasing their certificates.

Click here to Yakama Job Scam The reason why the Gulf oil spill scams have received such intensive focus from consumer protection agencies and law enforcement is largely a consequence of their nationwide impact. In one particularly egregious June event, nearly 800 members of the Yakama Nation tribe in Washington were offered $40-an-hour jobs clearing tar balls from Gulf beaches. To secure the jobs, they had to provide names, addresses, social security numbers and other data useful for identity theft. Many resigned their regular jobs in order to take advantage of the opportunity, only to learn they were defrauded.

If you’ve been targeted or victimized by any of the tricky hair balls that seem to flourish in Florida, let us know. Your identity will be fully protected. Last November, 3 Galt Mile residents reported falling prey to a fraudulent HUD website. When informed that a well known reporter from a reputable local newspaper read the article and requested introductions, the contributors refused, insisting on continued anonymity. They got it... and so will you! Prior to contacting us, please file a complaint with the Federal Trade Commission by visiting ftc.gov or calling toll-free 877-FTC-HELP. Sharing your experience will help others find the courage to fight back.

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Bogus FHA Website

Scams Galt Mile Residents

Broward Coalition President Charlotte Greenbarg
Broward Coalition President
Charlotte Greenbarg
November 6, 2009 - Senior AmeriFirst Underwriter Theresa Schmitz forwarded an email with an importance designation of “High” to Broward Coalition President Charlotte Greenbarg on October 28, 2009. Given her fiduciary responsibilities, Terri is recipient of official informational bulletins from the Federal Housing Administration (FHA) and the U.S. Department of Housing and Urban Development (HUD). The message was originally from Congressional Liaison Cheryl Marken of HUD’s Miami Field Office.

Click to Bogus FHA Modification web site Addressed to “HUD Partners and Elected Officials,” Marken’s email states: “HUD’s Web team has confirmed that the site www.fhamodification.com is NOT a HUD site. The site has good information (all copied from legitimate HUD sites), but when you click on ‘contact us’ we do not know who ‘us’ is. The proper HUD authorities are investigating this matter, and I do not know if anything can be done other than preventing unauthorized entities from using HUD’s seal, but it is important that you know this site is out there and not affiliated with HUD or FHA.” The message closes with a warning, “FOREWARN your friends, family or neighbors of this recent HUD warning to stay away from company listed.”

Click to the Department of Housing and Urban Development (HUD) web site Of the three Galt Mile residents who recently sent emails to the Galt Mile Community Association asking about the fraudulent website simply entitled FHA Modification, only one had already divulged personal data. She was referred to the Federal Trade Commission (FTC) to hopefully limit the damage wrought by these identity thieves. The web is ablaze with sites similar to www.fhamodification.com. Impressively bedecked with HUD and FHA logos, the site would pass even informed scrutiny as an official government offering. In fact, it is a “phishing” website.

In the field of computer security, phishing is the criminally fraudulent process of attempting to acquire sensitive information such as usernames, passwords, account numbers, Social Security Numbers and credit card details by masquerading as a trustworthy entity in an electronic communication. While most phishing expeditions are promulgated to access existing accounts, others seek to elicit names, addresses, telephone numbers, names of family members and identifying information useful for initiating new accounts. Ordinarily, an email is used as the hook, baited with an anxious admonition to confirm mottled bank account or credit card data, claim some mysterious refund, address an account threatened with suspension or verify a recent nondescript charge or withdrawal.

The “mark” is sent to a web site impeccably designed to mimic a credible and trustworthy institution, where logins, passwords, account numbers, email addresses, etc. are cheerfully harvested by crooks that will either sell the data or simply bang away at the newly accessible accounts. Although the websites of banks and Online Payment Services are traditionally simulated, the scam is metamorphic, adapting to take advantage of opportunities indigenous to the economic climate. As such, many recent rip-offs were socially engineered to exploit lucrative real estate and mortgage lending opportunities.

After acquiring email lists either stolen and brokered on the black market or purchased from mostly questionable commercial data purveyors such as First Data Solutions or 1st Source Information Specialists, Inc., the scammers usually cast a wide net, randomly hooking a few victims. If a customized list enumerates clients of a particular financial institution, the more targeted variation of the scam is known as spear phishing. After TD Ameritrade announced in September 2007 that their database of 6.3 million customer email addresses, account numbers, dates of birth, telephone numbers, Social Security numbers and trading activity was hacked, the thieves decided that the stolen information would be geometrically more valuable if packaged with user names and passwords. They launched a follow-up spear fishing attack. To help violated customers contend with the resulting blizzard of baited spam (junk emails), the company purchased $6 million of spam-blocking software from Trend Micro Internet Security.

When an attack is directed at certain high profile business targets such as senior executives and major stockholders, the term coined for such ambitious enterprise is whaling. A Survey conducted by leading information technology firm Gartner Research found that during the 12 months prior to August 2007, 3.6 million people in the United States lost $3.2 billion to phishing assaults.

Russian Business Network - London Front
RUSSIAN BUSINESS NETWORK
LONDON FRONT
By inserting links to an often imperceptibly misspelled URL or subdomain, bogus websites imitative of those managed by HUD, Fannie Mae, FHA and a wide variety of mortgage banks are soaking additional $billions from unsuspecting online targets. The current economic turbulence has nurtured a battery of predatory mortgage bottom feeders, foreclosure frauds and other recovery-related scams conducive to phishing. When mimicked institutions that actively monitor the internet discover a fake internet presence, they simultaneously alert customers (potential victims) and report the suspected website to the authorities. Unfortunately, the international nature of these crimes undermines implementation of a concerted effective response to violators. Almost half the thefts in 2006 were committed by groups operating through the St. Petersburg-based Russian Business Network, a legally bulletproof web host for sites specializing in child pornography, patent piracy and other variants of cybercrime.

In March, HUD found a site that bilked $millions from unwitting mortgage clients, http://bailout.hud-gov.us/. To demonstrate the international nature of this criminal enterprise (as officially classified by the FBI in 2004), the Domain name was registered in Germany and the site was hosted in California. Newspapers and local governments nationwide issued releases warning readers and constituents against potential victimization. On March 30, 2009, the Federal Trade Commission (FTC) won a Stipulated Preliminary Injunction, freezing the site’s assets.

Since then, the FTC has been closing similar sites at a healthy pace. As evidenced by the recent HUD warning, the phishing business is adequately lucrative to outlast these disjointed deterrent strategies. For a few hundred dollars, rudimentary familiarity with HTML (Hypertext Markup Language - the main coding language on the internet) and lust for a quick buck, any slime ball can set up a phishing bear trap. Since rooting them out is only useful for limiting the prospective damage, it is imperative that people never respond to online requests for personal information. To avoid victimization, first install good virus protection software. Some downloadable freeware versions are adequate for this purpose and most internet service providers offer free online or email protection (including Comcast and AT&T). If an email or an instant message stirs concern about any of your accounts, call the bank or credit card issuer and make an inquiry. Protecting yourself is seldom that simple. DO IT!

November 20, 2009 - ALERT! - Since posting this article on the GMCA website, 2 Galt Mile residents reported receiving suspicious emails with the following content:

We are contacting you in regards to an unusual activity that was identified in your mailbox. As a result, your mailbox has been deactivated. To restore your mailbox, you are required to extract and run the attached mailbox utility.

Best regards, xxxxxxxxxxx.com technical support.

Another email contained the following text:

Dear user of the xxxxxxxxxxx.com mailing service!

We are informing you that because of the security upgrade of the mailing service your mailbox (customer.service@xxxxxxxxxx.com) settings were changed. In order to apply the new set of settings click on the following link:

The hackers want the user to click on a link provided below the text, initiating one of two consequences. In one case, the link triggers installation of a computer virus. The other carries the user to a site with another link that the user is encouraged to click, which also infects the user’s computer with a virus.

In both cases, the links in the emails are coded to simulate valid communications from the user’s Internet Service Provider (ISP) or web host, but they are not. They LOOK like they contain either your web-site address or your email address, but they do not. A quick “Google” of the text revealed that this malicious email is nationwide, with client admonitions from IndyWeb, a web host serving Indianapolis, Indiana and local web hosts such as Host Depot. Please be extremely cautious with these kinds of emails and don’t hesitate to delete them ASAP.

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Driven to Distraction

August 22, 2007 - Over the summer, 58 Galt Mile residents corresponded with the Galt Mile Community Association after having received notification that a law was passed during the 2007 legislative session governing newly enacted draconian penalties for traffic violations. Although two letters and one telephone call were received, the vast majority of communications were forwarded emails containing the original threatening content or emails describing the penalties at issue. The forwarded emails revealed a statistically improbable similarity in structure and content generally indicative of an organized agenda – otherwise known as a hoax.

While several variations of the email were sent, the following version is representative of the basic genre. It was sent by a friend who shall remain anonymous. This is the email’s content:

Eric: do you have any way of verifying the recent changes in Florida Driving Laws enumerated in this email? Thanks - (name deleted)

Attached was the following document:

This was received from someone who should know, and who is attempting to get the word out to people in his company. I think for those of us in Florida, this is really worth knowing, and for those not from Florida, worth remembering should you decide to travel this way.

Thanks, Arnold

Subject: FLORIDA DRIVING LAW –

This is very interesting for you to read – new Florida driving laws enacted today…

  1. These are new fines that were implemented on 8/1/07 for the State of Florida.
  2. As of 8/1/07 cell phone use must be “hand free” while driving. Ticket is $285. They will be looking for this like crazy – easy money for police department.
  3. Cell phone use in the construction zone – Double Fine
  4. Carpool Lane – 1st time $1068.50 starting 8/1/07. 2nd time is doubled 3rd time is tripled and 4th time license suspended
  5. Incorrect lane change – $380. Don’t cross the lane on solid lane or intersections. Block intersection $485.
  6. Driving on the shoulder – $450
  7. Passengers over 18 not in their seatbelts – both passengers and drivers get tickets
  8. Speeders can drive only 3 miles above the limit
  9. DUI (Driving Under Influence) = Jail (Stays on your driving record for 10 years!)

Drive SAFE......!!!!!

Please forward to ALL friends and family...

About.Com Urban Legends and Folklore In the Urban Legends and Folklore section of About.Com, they offer, “This message is a slightly revised version of an email hoax circulating since January 2007 which purports to announce new California traffic laws slated to go into effect this year. Similar copycat hoaxes have also circulated in Texas and Georgia. ”

An April 14, 2007 article published in the Palm Beach Post explains, “Hundreds, if not thousands, of Floridians are getting e-mails warning of new traffic fines including $285 for improperly using a cell phone and $1,068.50 for illegally driving in a carpool lane. Outraged motorists are calling Florida’s motor vehicle department demanding to know more about the new laws. The answer: There are no new laws. It is all an email hoax.”

No Yakking on the Cell without Cell Phone mount
NO YAKKING WITHOUT CELL PHONE MOUNT
A broadcast on NBC6-TV News reported last week, “‘We have been getting a lot of calls on this,’ Pat Santangelo of the Florida Highway Patrol said. NBC 6’s Hank Tester quizzed cell phone users on the street in South Florida. ‘I heard about that,’ Cindy Maradona said. ‘I was all ready to buy a Bluetooth.’ It turned out the e-mail was only a rumor. ‘I have seen the e-mail you have seen,’ Santangelo said. ‘That’s not anything official from the state of Florida.’”

Snopes.Com Another web site devoted to exposing rumors, scams and hoaxes, Snopes.Com, provides more extensive background for the email, stating that the original email was entitled, New traffic laws going into effect in California in 2007 A June 2007 variant of this message claimed the new traffic laws applied to Texas, not California. That version is also false, as the Texas Department of Public Safety (DPS) has noted on its web site:

 Texas Department of Public Safety (DPS) has noted hoax on its web site “False information has been circulating regarding new traffic laws. There are no new traffic laws going into effect in July. More specifically, there are no new laws going into effect in July related to cell phones, seat belts or carpooling. No cell phone bills were passed this Legislative session. (This misinformation started as the result of an inaccurate e-mail and incorrect information on various Web sites.)”

Georgia’s Governor’s Office of Highway Safety A July 2007 variant of the e-mail asserts the new traffic laws applied to Georgia, not California. That version is also false, reports Georgia’s Governor’s Office of Highway Safety:

“An e-mail has begun making its rounds across the country listing several traffic laws that supposedly took effect in Georgia on July 1, 2007, including carpool lanes, incorrect lane changes, driving on the shoulder, and DUI. The e-mail also lists fines for the violations.

The e-mail is false and is being adapted for various states as it is passed along, most recently listing Georgia.

Please be aware that this is false information and no such changes have occurred in Georgia.”

Another July 2007 variant of the e-mail asserts the new traffic laws applied to Florida. That version, which elicited unnecessary statewide concern as expressed by residents along the Galt Mile, is also false.

As a rule, if unsolicited information mysteriously appears in your email box, it warrants a skeptical reception. Typically, these will be sent to you by trustworthy friends who received – and then forwarded – the fake messages out of a genuine concern for you and their other friends. This imparts to the information an undeserved appearance of credibility. The victims of the email hoax often wind up confirming its veracity with one another, thereby further perpetuating the scam.

Ironically, many of the correspondences were post scripted with suggestions that some or all of the hyper-punitive penalties contained in the hoax email are worthy of enactment, intimating that they could possibly help abate Florida’s burgeoning traffic death statistics.

Widely distributed internet hoaxes will usually be reported in the local media, as was this one. If searching the news media for confirmation of the unsettling news usually contained in these scams leaves you cold, there are web sites, such as Snopes.Com (www.snopes.com) and the Urban Legends site, that collect and expose these hoaxes. As such, two minutes of surfing will clear the air. If the info isn’t there, wait several days and try again. A new or recently revived hoax may require some investigation before being admitted to the “hoax-identifier” web sites. Notwithstanding, another one bites the dust!

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Jury Duty – Identity Theft!

April 5, 2007 - Scams abound without end. As long as people believe that short cuts are a fruitful path to accomplishment, they will get caught in their own trap. This scam takes advantage of the widespread ignorance that most people have about how the jury system works and inadvertantly eliciting the Government’s ire. I recently received this information in an email from Lorraine Alfano, the concierge at L’Hermitage. Lorraine has a penchant for checking out information that doesn’t pass the smell test. This Jury Duty Scam didn’t make it passed her nose!

“Most of us take the summons for jury duty seriously, but enough people skip out on their civic duty, that a new and ominous kind of scam has surfaced. Fall for it and your identity could be stolen, reports CBS.

In this con, someone calls pretending to be a court official who threateningly says a warrant has been issued for your arrest because you didn’t show up for jury duty. The caller claims to be a jury coordinator. If you protest that you never received a summons for jury duty, the scammer asks you for your Social Security number and date of birth so he or she can verify the information and cancel the arrest warrant. Sometimes they even ask for credit card numbers. Give out any of this information and .... Bingo! Your identity has just been stolen.

The scam has been reported so far in 11 states. This scam is particularly insidious because they use intimidation over the phone to try to bully people into giving information by pretending they're with the court system. The FBI and the federal court system have issued nationwide alerts on their web sites, warning consumers about the fraud.

Pass this on.”

The person who contacted Lorraine also said, “I checked Snopes and this is for real.” This is the link to Snopes (a scam check site): http://www.snopes.com/crime/fraud/juryduty.asp

Thank You, Lorraine! - *editor

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A True Rarity – A Lifesaving Email!

July 22, 2005 - I am often targeted by an assortment of confused individuals who implore that I send out an email to “ten other people” in order to achieve cosmic wealth. My finger has been conditioned to delete these prior to contacting the area of my brain that cognates. I recently received an email from Lorraine Alfano, the concierge at L’Hermitage, which prompted me to alter my usual behavior. It is excellent advice; it saves lives. After sending it off to friends and family, I decided to make it available to everyone. Following is the message contained therein.

Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say a bystander can recognize a stroke by asking three simple questions:

  • Ask the individual to SMILE.

  • Ask him or her to RAISE BOTH ARMS.

  • Ask the person to SPEAK A SIMPLE SENTENCE (Coherently) (i.e. It is sunny out today)

  • If he or she has trouble with any of these tasks, call 9-1-1 immediately and describe the symptoms to the dispatcher.”

After discovering that a group of non-medical volunteers could identify facial weakness, arm weakness and speech problems, researchers urged the general public to learn the three questions. They presented their conclusions at the American Stroke Association’s annual meeting last February. Widespread use of this test could result in prompt diagnosis and treatment of the stroke and prevent brain damage.

A noted cardiologist said if everyone who gets this e-mail sends it to 10 people many lives will be saved. My physician agrees; so do I.

Thank You, Lorraine! - *editor

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Do Not Call   SCARE

Have you received an email warning similar to this?

  • In 31 days from today, cell phone numbers are being released to telemarketing companies and you will start to receive sale calls. YOU WILL BE CHARGED FOR THESE CALLS. To prevent this, call the following number from your cell phone: 888-382-1222. It is the National DO NOT CALL list. It will only take a minute of your time. It blocks your number for five (5) years.

National Do Not Call Registry If you’ve received an e-mail telling you that your cell phone is about to be assaulted by telemarketing calls as a result of a new cell phone number database, REST ASSURED THAT THIS IS NOT THE CASE. Telemarketing to cell phone numbers has always been illegal in most cases and will continue to be so. In response to recent e-mail campaigns urging consumers to place their cell phone numbers on the National Do Not Call Registry, the Federal Trade Commission and Federal Communications Commission issue this advisory to give consumers the facts. Not sure? Click Here to see for yourself!

Here’s what you need to know about the National Do Not Call Registry program:

  • FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. Automated dialers are standard in the industry, so most telemarketers are barred from calling consumers on their cell phones without their consent.

  • The federal government does not maintain a national cell phone registry. Personal cell phone users have always been able to add their numbers to the National Do Not Call Registry — the same Registry consumers use to register their land lines — either online at www.donotcall.gov or by calling toll-free 1-888-382-1222 from the telephone number they wish to register. Registrations become effective within 31 days of signing up and are active for five years. There is no cut-off date or deadline for registrations.

  • Business-to-business calls are not covered under the Registry.

To learn more about the National Do Not Call Registry and the rules that enforce it, visit the FTC at www.ftc.gov or the FCC at www.fcc.gov. For more information about a planned “wireless 411” directory, visit http://www.qsent.com/wireless411/index.shtml.

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Phishing on   the Galt

Internet scammers casting about for people's financial information have a new way to lure unsuspecting Galt Mile victims: They go “phishing.” Phishing, also called “carding”, is a high-tech scam that uses spam (unsolicited “junk” email) to deceive consumers into disclosing their credit card numbers, bank account information, Social Security numbers, passwords, and other sensitive information.

According to the Federal Trade Commission (FTC), the emails pretend to be from businesses the potential victims deal with - for example, their Internet service provider (ISP), online payment service or bank. The fraudsters tell recipients that they need to “update” or “validate” their billing information to keep their accounts active, and direct them to a “look-alike” Web site of the legitimate business, further tricking consumers into thinking they are responding to a bona fide request. Unknowingly, consumers submit their financial information - not to the businesses - but the scammers, who use it to order goods and services and obtain credit.

Banks and Internet Service Providers like America Online and Comcast will never ask you for password information via phone or E-Mail, as that information is private and is only known by users. Additionally, ISPs will never ask for billing or payment information through E-Mail.

To avoid getting caught by one of these scams, the FTC, the nation's consumer protection agency, offers this guidance:

  • If you get an email that warns you, with little or no notice, that an account of yours will be shut down unless you reconfirm your billing information, do not reply or click on the link in the email. Instead, contact the company cited in the email using a telephone number or Web site address you know to be genuine.
  • Avoid emailing personal and financial information. Before submitting financial information through a Web site, look for the “lock” icon on the browser's status bar. It signals that your information is secure during transmission. Always ensure that you’re using a secure server when submitting credit card information. To make sure you're using a secure server, check the beginning of the web address in your browsers address bar - it should be https:// rather than just http:// (note the “s” after the “http”).
  • Review credit card and bank account statements as soon as you receive them to determine whether there are any unauthorized charges. If your statement is late by more than a couple of days, call your credit card company or bank to confirm your billing address and account balances.
  • Report suspicious activity to the FTC. Send the actual spam to uce@ftc.gov. If you believe you’ve been scammed, file your complaint at www.ftc.gov, and then visit the FTC’s Identity Theft Web site (www.ftc.gov/idtheft) to learn how to minimize your risk of damage from identity theft.
  • Visit www.ftc.gov/spam to learn other ways to avoid email scams and deal with deceptive spam.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

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Pay - per - Call   cam

A fast-growing scam that has been identified by the National Fraud Information Center, the F.C.C. and others is the “809”, “284”, “876” or some other three-digit phone number. You may receive an e-mail, usually with a subject line of “ALERT”. The message reads something like: “I am writing to give you a final 24 hours to settle your outstanding account… If you would like to discuss this matter to avoid court action call (e.i.) 1-809-496-2700.” Or, you could receive a similar message on your answering machine asking you to call an 809, 284, or 876 number. Since there are so many new area codes these days, many people unknowingly return these calls. If you call from the United States, you apparently will be charged $25 per minute - or more.

The 809 area code is located in the Dominican Republic and can be used as a “pay-per-call” number, similar to 900 numbers. Since 809 is not in America, it is not covered by U.S. regulations of 900 numbers. Similarly, “876” is an area code for Jamaica and “284” goes to the British Virgin Islands...same deal!

The bottom line is do not respond to these e-mails or messages by calling the 809 (or 284, or 876) phone number. Trying to fight the charges later can be a real nightmare since you actually did make the call!

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A Word of Caution

60% of all emergency patients go to the hospital by private transportation, some even drive themselves! Using a private vehicle, you have no control over the bridges and you are at the mercy of an open bridge. Conversely, when EMT personnel determine that there’s a real emergency in your home, they radio the bridge control center and the bridge is ordered locked down until after your ambulance passes. The moral of this story is “a real emergency should be handled as such with nothing left to chance.”

This article was written by Robert Eagan. It continues to be excellent advice! [Editor]


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THE TAX ADMINISTRATOR'S OFFICE SAYS:

“You may be the cause of increasing your own taxes!”

Every time an owner sells an apartment for a price representing something other than the real property, that price is registered in the tax appraiser’s roles as the real estate value on which taxes are levied.

This can amount to many thousands of dollars, resulting in severely over valuing the real property and it’s taxes. Most buildings avoid this by the use of a form that requires the buyer and seller to report only the actual value of real property to the County Tax Collector who, incidentally, also encourages buyers and sellers alike to do it right.

After all a $5000 built in sound system shouldn't raise the taxes levied on a real property!

This useful advice was also written by Robert Eagan. When buying or selling a condominium, request the appropriate form from the condominium’s business office! [Editor]


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