Could this be the bottom?

Centex has just sold a parcel of land it acquired in Palm Beach County for development ....read about it here, you might be surprised!

Renting/foreclosed properties

It goes without saying that we are in a depression in the multifamily commonly owned property industry in Florida. The price and value of Condo, HOA and other types of property is in the process of reverting to the mean.

Now I am not a fortune teller, as that is contrary to my religion; additionally I have been right for the wrong reasons before and vice versa. All I know is that I saw a half -billion dollars worth of condo projects in Sunny Isles when I was in South Florida for the BCS that has not even been finished yet; they will be finished and sit empty until foreclosed on, and the lender, and then we the people will take the haircut now that all financial losses have been socialized and all profits were, of course, privatized. Prices will continue to tumble for a looooong time, IMHO. Assessments need to be collected more urgently than ever in the midst of this disaster.

What are ongoing associations to do?

Well for one thing, when you amended your documents 3, 4 and 5 years ago to prohibit rentals in the first "x" years of ownership or capped rentals at "x" percent of units, I hope you included a sentence that says "This shall not apply to the association."

I just took over representation of a community in Gibsonton where their lawyer helped them amend LAST JULY and did not place that language in the amendment. Now, I understand as well as anybody why my communities wanted that language; there were so many speculators buying property hat they were in danger of becoming filled with tenants who have little interest in the long term success of the community. However by doing so, the flip side is that in this extremely dangerous market, if the association forecloses and takes title to the property, it will face a political and perhaps a legal problem if it takes title due to a foreclosure and tries to rent pending foreclosure of the first mortgage.

What's the bottom line? No matter what your documents say, the association should aggressively foreclose and take title to units that do not pay. People need to know that they will not hold on to their property for long, and that the association will do everything it can to divest them from title, and rent the unit to recoup some of the lost payments.

That's all I have to say about that....

Dealing with "Prescription Pets"

One of the hottest topics in Community Association Law is the owner who requests to keep a pet as a "Reasonable Accommodation" under the Fair Housing Act. Just because a member requests permission to keep an emotional support animal doesn't mean you have to grant it. Here are some questions you should ask when you get such a request. If the answer to any of these questions is no, you may be entitled to deny the request.

1) Is the member disabled? According to the act, someone is disabled when they have a physical or mental impairment that substantially limits one or more major life activities This determination is not for managers or directors to try and determine on its own. Community association managers and directors are mot experts and therefore aren't qualified to make medical diagnoses. They must instead seek the professional opinion of a health care provider. There are verification forms to do this.

2) Is the animal necessary to enable the member to enjoy his home and the common areas/elementsto the same extent that nondisabled members enjoy their homes? The act says that disabled people are entitled to reasonable accommodations when necessary for them to be able to enjoy their homes to the same extent that nondisabled people enjoy their homes. That doesn't mean the animal must be a medical necessity, or that it have any special training. The reasonable accommodation doesn't have to be therapy, medicine, or something the person couldn't possibly live without, only something that makes it easier for him to deal with the limitations of the disabling conditions. This includes companionship for people with anxiety or depression.

What's more, although many people think the only time the association has to let a member keep an emotional support animal is when the animal is the member's only available option, that's not true. The animal doesn't even have to be the easiest option for the association to be required to allow it. Just because an option that's easier on the association may exist, like taking drugs as opposed to a dog, or a goldfish as opposed to a cat—doesn't mean that the member has to accept that other option.

Courts usually use a balancing test, asking whether the disabled member derives some benefit from keeping the animal and, if so, at what cost to the association and other members.

3) Would letting the disabled member keep the animal impose an undue hardship on the association? Even if the animal would provide some benefit to the disabled member, if it's too expensive, disruptive, or destructive to keep around, the association may be allowed to refuse to make the accommodation. According to the act, the accommodation sought by the disabled member must be reasonable. A dangerous or untrained dog, or one that barks all night and keeps everyone awake, for example, might not be reasonable, and the association could refuse to allow the member to keep it. Also when outside of the home , the association may require that the animal be leashed and/or muzzled may be reasonable under the circumstances of an accommodation.

What to Do When You Get A Request

Here are four steps to take when a member requests permission to keep an emotional support animal.

1) Send a letter to member acknowledging request. When a member requests permission to keep an emotional support animal, send a letter acknowledging the request. Your letter, based on consultation with counsel, should explain the association's policy on reasonable accommodations, including emotional support animals. Specifically, the letter should say that the association complies with all Fair Housing laws and that if a disabled member requests permission to keep an animal, the association will grant the request if it determines that the animal is necessary to allow the member to enjoy his home to the same extent that nondisabled members enjoy their homes. Also, the letter should tell the member that the association will respond to her request within a uniform number, say 15 business days from the date it receives the information it needs to make this determination.

2) Verify the member's disability and need for the animal. Include an Emotional Support Animal Request Verification form for the member to give to his or her health care provider. In the letter, tell the member to sign the Member Release portion of the form and then to have her health care provider complete the rest of it and return it directly to the association.

The verification form tells the health care provider that the member has made a request for an emotional support animal and explain the association's policies regarding such requests. It should tell the provider how the act defines disability and ask whether, in the health care provider's professional opinion, the member is disabled. And it should ask the provider whether the member needs the animal to have an equal opportunity to use and enjoy the community.

The form should also ask the health care provider whether he would be willing to testify in any proceeding related to the member's need for the animal. This lets the provider know that you mean business, and may discourage members' friends in the health care field from writing false letters in support of the request. Show the verification form to your attorney before using it at your community.

3) If health care provider confirms member's disability and need for the animal, grant the request—unless compelling reasons exist to challenge it. Generally, you should accept the diagnosis of any qualified health care professional and allow the member to keep the animal if the professional believes that the member needs it. The health care professional doesn't have to be a doctor. HUD accepts complaints based on the opinions of Ph.D.s, certified social workers, or therapists, among others.

Only in extreme situations should you challenge the health care professional's diagnosis. It's generally recommended that associations not go behind the health care provider's determination or qualifications. If an association decides to reject such a request, it should do so only with an abundance of caution and with the active involvement of its attorney. Every Board should check with your insurance agent to confirm that you have coverage or at least a defense provided by your insurance policy if challenged.

4) Consider community circumstances to decide whether requested accommodation is reasonable. As explained above, an association doesn't have to make any accommodation that's unreasonable—even if the member is disabled and a health care professional verifies that the member needs the animal. Reasonableness always depends on your community's circumstances. The association might have to restrict the type of animal the disabled member can keep. It's important to be in regular communication with the member so that she understands your willingness to work toward any resolution that's reasonable.

If an animal is a nuisance, that is grounds to have the animal removed, regardless of whether it is an otherwise qualified support animal. Make sure that witnesses are willign to testify, and that the behavior is specifically prohibited by the documents or a rule.

A Dozen Thoughts On Israel's War on Hamas

Daniel Pipes is quite correct in his recent analysis of the situation reproduced below in its entirety from his Blog:

1) Arab-Israeli warfare is not the conventional battle to control territory of old. Since 1982, the primary goal in this theater is to persuade the world of the righteousness of one's cause. (I.e., who has the more affecting casualites?)

2) Palestinians have proven themselves more competent at the p.r. battle than the Israeli government, winning public support everywhere — with the lone but decisive exceptions of Israel and the United States.

3) Secondarily, Hamas's defiance should be seen in light of Iranian ambitions to wear down the Israeli body politic.

4) Most Arab regimes so fear Tehran that they can barely bestir themselves to denounce Israel's war on Hamas, much less do anything.

5) The PLO's Mahmoud Abbas condemns Israeli actions as intensely as he roots for the Israel Defense Forces to destroy Hamas.

6) The moral opprobrium for Palestinian rockets raining down on Israeli towns falls entirely on the Palestinians and their enablers.

7) Israel has made astounding tactical mistakes, including the 2005 withdrawal from Gaza, long years of passively enduring rockets, and tacit acceptance of elaborate smuggling tunnels from Egypt to Gaza.

8) The IDF has learned from tactical mistakes made in 2006.

9) Still, the Israeli war effort remains problematic. For example, an unnamed Israeli defense official was quoted saying "Hamas knows our demands, and there's no use to talking about them publicly." Since when does one signal military intentions to the enemy and hide them from one's own population?

10) The Israeli goal should be victory, not ending terrorism.

11) The Bush administration must not save Hamas.

12) Nor should the Obama administration save Hamas.

Myths and Facts About Robert's Rules

Myth #1
The only time the President of the association can vote at a Board meeting is to break a tie or in an election.

Fact: Robert’s Rules of Order provide that the President of an assembly is only entitled to vote when the vote is by ballot or where the vote would change the result, i.e. break a tie. However, in the community association context in almost all cases the President of the association is also a member of the Board of Directors. In essence he or she wears two hats – one as an officer of the corporation and one as a Director. Thus, at a meeting of the Board of Directors a President of an association who is also a Director has a fiduciary duty to vote on all issues properly before the Board.

Myth #2
A Director may abstain from voting on an issue.

Fact: Robert’s Rules of Order provides that a member who does not have an opinion on an issue may abstain from voting on the issue. However, in the community association context a Director may only abstain from voting if he or she has a legitimate conflict of interest directly related to the issue or subject being considered. An example of a conflict of interest, which would allow a Director to abstain, would be if the Board was considering hiring the Director’s spouse to be the manager of the association. asserting a conflict of interest must state the nature of the conflict on the record.

Myth #3
An abstention counts as a “Yes” vote.

Fact: An abstention does not count as a “yes” vote and in fact it is not counted at all. Robert’s Rules of Order and Florida law provide that a person who has not abstained because of an asserted conflict of interest is deemed to have agreed with the majority and thus cannot later claim to have been against the action. If, however, the Board is deadlocked because of an abstention then there is no majority and the motion fails.

Myth #4
The Board of Directors may use secret ballots to vote on any issue they deem appropriate.

Fact: The only time it is appropriate for secret ballots to be used is when the Board is electing the officers.

Myth #5
Members do not have the right to speak at meetings of the Board of Directors.

Fact: Under Robert’s Rules of Order members of an assembly have the right to speak. However, this is not always the case at community association Board meetings. In the condominium context pursuant to §718.112(2)(c), Florida Statutes, members have the right to attend meetings of the Board and to speak about all items on the agenda. The Board may, however, adopt reasonable rules governing the frequency, duration, and manner of unit owner statements. In the homeowner association context, however, while a member has the right to attend Board meetings he or she does not have the right to speak unless the association documents give members the right to speak at Board meetings.

Myth #6
All motions must be seconded.

Fact: Most motions do need a second in order to be considered by the Board. However, some motions do not need a second. Types of motions that do not require a second include: questions of privilege (i.e.: complain about the heat, noise, etc.), points of order (point out a rule violation to the chair), a call for division (requesting a voice vote be verified by having members raise their hands), points of information (requesting more information about a topic under debate), and objections to consideration of a particular matter.

Myth #7
All motions are debatable.

Fact: Robert’s Rules of Order does not require that all motions be debated. Types of motions that are not debatable include: motion to adjourn, question of privilege, motion to table consideration of an issue, motion to end debate on a main motion, point of order, a call or division and a request for information from the chair.

Myth #8
All meetings must be run according to Robert’s Rules of Order.

Fact: There is no law that requires community associations to operate their meetings according to Robert’s Rules of Order. Often times, however, the Declaration, Bylaws or Articles of Incorporation will require that meetings utilize Robert’s Rules of Order. However, this still does not mean that every single technical rule must be followed to the letter. In fact, Robert’s Rules of Order provides that smaller assemblies may operate with less formality. This would certainly apply to community association Boards, which generally have from three to seven Directors. Regardless of what degree of formality the Board utilizes, it is important to be consistent in the use and application of the rules.

Myth #9
Without a quorum, nothing can be done.

Fact: In the absence of a quorum, the Board or the members at a members meeting may not transact business but they may take measures to establish a quorum, fix the time to adjourn, adjourn, or take a recess. Additionally, it should be noted that there is no quorum requirement for the election of Directors of a condominium association but at least 20% of the eligible voters of the association must cast a ballot in order to have a valid election.

Myth #10
The Board of Directors can exclude members from attending the Board meeting by holding an “Executive Session.”

Fact: Under Robert’s Rules of Order, a Board may meet in “executive session” and thereby exclude members and keep the proceedings secret. However, in the community association context the only time a Board may meet in executive session is when the Board is meeting with the association’s attorney to seek legal advice with respect to proposed or pending litigation.

Israel's Right of Self Defense

This is off topic, but it's my blog and I'll post what I want to...

The IDF recently moved to stop the terrorist Hamas leadership in Gaza from shooting thousands of rockets and mortars into Israel.

From the Jerusalem Post:

On Friday, a Hamas spokesman made Israel the following proposal: You keep the stream of humanitarian aid and supplies flowing into Gaza and we will keep launching rockets and mortars at Israeli civilians.

Islamic Jihad terrorists place rockets before firing them towards Israel on the outskirts of Gaza City.
Photo: AP

Slideshow: Cast Lead, day II

It was an offer Israel had little choice but to refuse.

For weeks Israel has been imploring Hamas to stop shooting across the border, to stop tunneling in preparation for the next round of violence, and to allow our farmers to tend their fields. The Islamists responded that they were not afraid of the IDF and that they reserved the right to resist "the occupation" - meaning the existence of a Jewish state. They brazenly told Israel to get used to the idea that no amount of humanitarian gestures would stem their behavior.

At 11:30 a.m. Saturday, Israel finally told Hamas that it would not be bled, slowly, to death. Thanks to excellent intelligence and superb training, a haughty enemy was caught off-guard. Targets up and down the Strip were hit and large numbers of Hamas personnel including senior military figures were killed. Key facilities were turned into rubble; well-camouflaged equipment was destroyed.

********************************************************************************

As for the media and the rest of the world, here is a little greeting for your holidays. We will not back down, we will not "Turn the other cheek" and are tired of being told to make "Painful concessions" for peace with people who want only to kill Jewish DNA. No porportionality, no triple standard that only Israel must adhere to.

Donald Trump's Defense to Foreclosures!

Here is an article from the New York Times where Mr. Trump asserts that the recession and his company's inability to pay is an "Act of G-d". I bet we'll see the Twinkie defense used soon---"I had too many Twinkies so I had such a sugar rush that I didn't know that my payment would adjust to market rates in 3 years!!!