Editor…s note: Responding to questions about Florida community law, this is a series of columns by attorneys at Goede Adamczyk, PLLC a full-service law firm with a focus on condominium and homeowner association law, real estate law, litigation, estate planning and business law. With offices in Naples and Miami, the firm represents community associations throughout Florida.

Q. Our condo association recently started sending out emails asking owners to vote on association matters using a secure electronic consent “form.” Does Chapter 718 of the Florida Statutes require approval from 100 percent of the unit owners before this electronic voting can be used?— W.M.

NaplesA. States such as Nevada, Texas, Washington and New Jersey have adopted statutes expressly allowing for electronic voting. Florida has not adopted such a statute. Accordingly, we have advised our clients that “online voting” would only be an option if the membership approves an amendment to your condo documents authorizing an electronic voting method that provides security and confidentiality. Even with such a document amendment, the Florida condominium statute provides for absentee ballot as well as secret ballot and there is still the inner-envelope and outer-envelope requirement which makes an “e-ballot” problematic. Finally, because the e-ballot is not a proxy, there may be an issue with a quorum since many membership decisions take place at a membership meeting where a quorum is present. It is questionable whether there would be a quorum if a significant number of members voted online. As you can see, there are some legal uncertainties, which can possibly be addressed with an amendment to the bylaws that is approved by the members. Your board would also need to consider adopting rules and procedures that would ensure a confidential and secure voting system.

Q. Our HOA turned over from the developer about seven years ago. Recently, we did a title search in connection with a maintenance issue involving our roadways. We discovered that title to the roadways is still in the name of the developer. Is this something we should be concerned about? What is your suggestion?—R.G.

EsteroA. This is not a serious concern but it is something that should be cleaned up. Typically, the roads in a private community are dedicated to the homeowners association by plat and by the community documents. The developer, as part of a sloppy turnover, probably never transferred actual fee title ownership of the roads to the association. The actual ownership is not necessarily paramount, as the right and duty to maintain, operate and insure the roads ultimately lies with the association. However, the developer is generally obligated to transfer title to all association property to the association when the members assume control of the Board. Transfer of the real property, which can include the clubhouse, roads, lakes, preserves and other amenities, generally occurs by recording a deed granting title to the homeowners association. If you want to clean this up, you should have your association…s legal counsel contact the developer.

Q. Our community has a problem with overflow parking. In particular, many residents and guests are constantly parking in the street and sidewalk, which I feel causes a safety issue. Our board has not been active on this issue, and has been advised by our association legal counsel that we do not have the authority to regulate parking because our documents are silent on the issue. What have you advised your clients that have similar parking issues?— D.F.

NaplesA. Your board probably needs to be more active on this issue. There is a common misconception in many communities that the association cannot regulate parking in driveways, sidewalks or even streets. Compounding the problem is that most HOA documents do not adequately address parking restrictions and the association…s enforcement options. However, your board should not ignore the issue simply because the documents are silent. If you review the plat of your subdivision, it will likely show that the roads and sidewalks are dedicated to the homeowners association. This means that the association has the right and duty to operate and insure these right-of-ways. The plat will even show the width of the area that falls under the association…s responsibility. Make no mistake about it, if there is an accident caused by excessive parking on the streets and sidewalks, the association will be involved in a lawsuit if the plat or documents impose responsibility for these right-of-ways. It is recommended that your board consult with an experienced community association attorney who can inspect all of the land records and provide an opinion on your association…s rights and duties.

Q. We are going into the summer months, and our condo board is interested in taking additional measures to prevent water leakage and resulting damage. We have heard that failure to maintain air-conditioning units can result in significant damage. Do you have any advice on how to better protect our condominium property?— M.S.

NaplesA. In the event of water leaks, the damage behind the walls and between the floors is the association…s responsibility. We have handled many of these cases, many of which involve associations that fail to adopt loss prevention measures. There can be many causes of a leak, but a clogged air-conditioning drain can cause loss of cooling and water damage. Condensation that fails to make it through a clogged drain may spill into an overflow pan that uses a sensor switch to turn off the system to prevent leak damage. As a result, condensation may overflow into the building, causing water damage and mold contamination. Your condo insurance agent can likely recommend some loss control measures. We talked to Gary Eskin, Risk Manager with Insurance Risk Management Services Inc. in Naples. Eskin recommends the following measures to prevent air-conditioning related losses:

1. Require residents to install an overflow pan beneath their air handler to catch overflow.

2. Implement a plan to inspect all HVAC equipment, drain pans and hoses on a quarterly basis.

3. Require residents to purchase a HVAC maintenance contract or purchase it for them.

4. Require residents to set their thermostats between 76 and 80 degrees when they are away.

5. Implement a plan to perform scheduled inspections of units when residents are away.

Q. My HOA was formed in the early 1990s. At that time, there were Articles of Incorporation filed with the State of Florida for the purpose of forming an HOA that would operate the community and enforce the restrictive covenants. The following year, a Declaration of Restrictive Covenants was filed in the county land records. The subdivision was platted for 67 lots, but only 34 of the homeowners signed and agreed to the Declaration. Further, the Declaration requires the homeowners to be members of a homeowners association, but the name of that association does not match the name stated in the Articles filed with the State. Does the discrepancy between the Declaration and Articles make the restrictive covenants unenforceable? If not, are the covenants binding only against the 34 homeowners who originally agreed to them?—K.P.

SarasotaA. This is an unusual case in many aspects. First, it is likely that the organizers of your association intended to include the homes in your community when the Articles and Declaration were created and filed. However, the timing of the document filings is atypical, as the original community documents are usually prepared and filed simultaneously by the developer. That being said, it is possible for homeowners to form a community association after initial development, but the individual homeowners each need to agree on the restrictive covenants. Homeowners who do not consent to these restrictions after the date of original purchase and closing are not bound by the restrictions. As to the first question, it is not likely that the covenants are unenforceable because of the apparent error regarding in the name(s) of the association. Provided that the drafters of the Articles and Declaration intended to subject the same homesites to the association…s restrictions, this is likely a “scrivener…s error” that can be fixed with an amendment to the documents.

Article source: http://www.naplesnews.com/news/2012/apr/22/is-voting-on-association-matters-electronically/

Most of us like to think we know the basics of kitchen cleanliness, whether it’s how to handle raw chicken or that veggies should be thoroughly washed before eating. But restaurant kitchens are held to much more exacting standards than most of us ever impose on ourselves.

We decided to see what we could all learn, so we sent a kitchen-cleanliness expert, Mark Nealon, to scrutinize the kitchens of two Prevention families as they prepared dinner on a busy weeknight. A former New York City restaurant inspector, Nealon now helps restaurants institute the very best food-safety practices to avoid being slapped with health-code violations. These two moms, both of whom consider themselves quite safety conscious, were shocked, as you’ll be, to discover where their kitchen habits fell short.

10 Worst Germ Hot Spots

Case Study #1: Stacey Glick and Jeremy Zirin, Haworth, NJ

Food preparation is often a hectic family affair for Stacey, 40, a literary agent; her husband, Jeremy Zirin, 42, an equity strategist; and their daughters, Samantha, 7; Alea, 5; and identical twins Chelsea and Talia, 3. All six of them crowd into the kitchen to help out. Under Nealon’s watchful eye, Stacey and her family put together a quick pizza, using premade crust from the supermarket, and a salad.

Stacey says she tries to avoid obvious food safety mistakes, such as letting her kids share eating utensils. But she adds: “I don’t have time to sanitize everything, and I know I’m probably overlooking some dangers.” Her biggest worry: the state of her two jam-packed refrigerators. (She keeps one in a nearby closet to accommodate all the food she buys.) “I know I overbuy food, and things get forgotten until they’re moldy. Then I worry about bacteria from spoiled food contaminating the other food we’ll be eating.”

What Stacey Is Doing Right

She keeps the dog out of the kitchen: Oliver, a Shih Tzu, is not allowed in during meal prep and dining, mostly to keep him out of the way. The inspector’s advice: “This is actually an important safety measure,” says Nealon, who has a dog himself. “Petting an animal or feeding him scraps could contaminate your hands with dangerous germs.” And never let cats jump up on your counter. Their paws carry lots of bacteria, which you want to keep off your work surface. In fact, keep cats away from all food-preparation areas.

She uses plastic containers for storage of dried foods such as rice and cereal: This keeps critters out of foods. The inspector’s advice: To avoid chemicals leaching into foods, be sure containers are made of food-grade plastic. Look for those bearing a seal from NSF International, a safety certification organization.

She keeps her kitchen sponge upright in a holder: This allows it to dry completely between uses, Nealon says, whereas damp sponges breed bacteria. His advice: At the very least, wash sponges with antibacterial soap after use and wring out well. You can also sanitize a sponge by microwaving it for 30 seconds or running it through the dishwasher. No matter what method you use, make sure the sponge air-dries completely.

How to Zap Sponge Germs

What Stacey Is Doing Wrong

Her fridges are too warm: When Nealon measured the temperature in both the kitchen fridge and the second one, they were 52deg; and 53deg;F, dangerously high! “Your fridge should be set at 40deg;F or below,” he says. “Above that, bacteria start to grow, and you risk serious sickness.” The inspector’s advice: Buy a digital refrigerator thermometer and check it often.

Her fridge is overloaded: In fact, both refrigerators were jammed full, which prevents proper air circulation and cooling and can hasten food spoilage. The inspector’s advice: Leave more space between items. Less crowding will also help prevent food from being pushed to the back and forgotten. Crowding does not affect the freezer, however. In fact, a full freezer cools more efficiently.

She keeps food too long: After a sniff to check for spoilage, Stacey was going to top her pizza with fried eggplant slices she’d bought a week and a half before. “But just because something still smells fine doesn’t mean it’s safe to eat,” says Nealon. The inspector’s advice: Toss the eggplant; as a general rule, cooked vegetables aren’t good after 3 or 4 days. “Remember that your fridge doesn’t stop the growth of pathogens, it just slows it down,” he says. Date food before refrigerating; if you have any doubts about freshness, don’t eat it.

She stores food that could be tainted: Stacey’s kids love to scatter cheese on the pizzahellip; and eat some from the bag, which transfers bacteria from their fingers to the contents. When the bag goes back in the fridge, bacteria multiply and could make them sick the next time they eat the cheese. Nealon’s advice: Place some mozzarella into a bowl for the kids, and toss what remains.

Case Study #2: Kathleen and Richard Egan, Valley Stream, NY

Kathleen, 35, a science teacher, and her husband, Richard, 41, a police officer, take food safety seriously. “Richard will clean up immediately after we eat, sometimes while we eat,” laughs Kathleen, who at the time of the inspection was pregnant with the couple’s second child. On the other hand, Kathleen confesses to sometimes letting her daughter eat a morsel that’s fallen to the floor. “I’ve heard it’s okay if it’s within 5 seconds. Is that true?” she asks. “It is usually safe to follow the so-called 5-second rule,” says Nealon. “Bacteria haven’t had a chance to grow. But don’t wait longer than that, or put the food back in the fridge.” That aside, it didn’t take Nealon long to discover some serious mistakes the Egans were making while they prepared pasta, chicken, and salad.

What Kathleen Is Doing Right

She washes her hands for a full 20 seconds before handling food: This is key to preventing contamination. The inspector’s advice: “Work up a lather with antibacterial soap, get under your fingernails, and then dry your hands with paper towels, not a dirty dish towel that might have been used to wipe up food spills.”

She defrosts chicken in the fridge: Thawing poultry, meat, or fish in the fridge is the safest bet. Nealon’s advice: If you need to defrost more quickly, do it in the microwave or under cold running water in the sink. Never leave a partially frozen protein food to thaw on the counter, where it can grow bacteria by the time it’s completely defrosted.

She uses a fresh spoon to serve cooked chicken: A spoon that has touched raw poultry could contaminate the food with Salmonella. The inspector’s advice: Even rinsing a spoon under hot water won’t kill germs, so keep clean ones on hand for serving.

What Kathleen Is Doing Wrong

She defrosts on the top fridge shelf: No matter how well wrapped, raw poultry, meat, or fish can easily leak juices and contaminate foods below. The inspector’s advice: Always defrost and store raw protein foods on the lowest shelf in your fridge.

She hand-washes her plastic cutting board: Immediately after slicing the chicken, germaphobe Richard scrubbed the board with hot water and soap before chopping vegetables on it. But that’s not enough. The inspector’s advice: Cutting boards need to be sanitized by having boiling water poured over them or being run through the dishwasher. This should be done even after cutting vegetables, which have been linked with Salmonella outbreaks.

She serves her family home-canned tomato sauce: Kathleen wanted to top her pasta with a jar of sauce a friend had canned. But home-canned goods, even from a farm stand, can be tainted with botulism, despite looking and smelling fine. The inspector’s advice: Realize that cooking does not destroy botulism. Never eat food you haven’t canned properly yourself, especially if the seal doesn’t pop audibly when you open the jar.

She stores half-full sippy cups in the fridge: Once the germs from a child’s mouth are in the liquid, they will multiply, even in the fridge, and could make her sick when she drinks again. The inspector’s advice: Dump leftover liquids and start fresh.

Article source: http://health.msn.com/healthy-living/is-your-kitchen-making-you-sick

To become a realtor you will need to be licensed in the state where you will be selling real estate.You need to know the real estate laws in your area, study, and pass a test to be licensed.
Learning how to become a real estate agent can be an exciting endeavor. A real estate agent facilitates the buying and selling of houses. To become a realtor you will need to be licensed in the state where you will be selling real estate. Becoming a licensed realtor will require the knowledge of the real estate laws in your area, studying, and passing a test. You will also need to understand and get along with people, know how to sell, know about finances so you can advice your clients, and know enough about making a home marketable. A real estate agent, also called a realtor, is a financial advisor, tour guide, salesperson, and a psychologist.

Small business advice: Learn to be a realtor – How to become a real estate agent

To be able to become a licensed real estate agent a person has to have graduated from high school and be at least eighteen years of age. You will have to pass a written test. In some states, you can study on your own for this test, in other states you will be required to take courses for several months. These courses are either through private companies, the state’s licensing agency or at a community college. Passing the written real estate exam is not easy. The real estate laws are very complex. It is also a complicated process to buy and sell a house. You must understand all that is involved. To find a school in your area or real estate classes in your area, you can check with your community college. Following are examples of one state’s requirements for becoming a real estate agent: Applicant is honest, truthful, character and competency. The applicant must not have had a real estate license denied within one year, or revoked within two years immediately preceding the application. The applicant must be at least 18 years of age when applying for a license. The applicant has completed the education courses, had at least 90 classroom hours, and has passed a school and state examination on the course. Applicant must also complete a course in Contract Law and Contract Writing.

If you are trying to decide if you want to become a realtor, many communities offer informational seminars about becoming a realtor. Some classes that you can take through your community college are; real estate principles and real estate practices, real estate law, real estate finance, real estate appraisal, and real estate office management. In addition, any class on communication, marketing and salesmanship is helpful. These classes will prepare you for the test and help you decide if you want to be a realtor.
A real estate agent must be able to get a long well with people. You will need to look, dress and act professionally. You must understand people and communicate well with them. Your clients will be communicating to you what type of house they want. Many times, you will have to be a psychologist and help them try to figure out what type of house they want. You will also have to help them fall in love with a house enough to buy it. Some people think that being a realtor is mostly comprised of taking your clients to see houses. However, most of the time will be taken up by filling out forms and legal documents either by hand or on a computer. You will also have to be involved in closing the deal during escrow. You will need to be there for home inspections, making sure loans go through, advising about termite inspections, final walk inspections and more. You will need to be diplomatic with the other agent involved in the sale. You will also need to know how to calm the frazzled nerves of an anxious client. Being able communicate is a key to being successful.

A real estate agent must know enough about finances to answer their client’s questions. They will need to be able to refer their client to a lender that can pre-qualify them to find out how much they can afford when looking for a home. A realtor should keep track of interest rates and types of loans so they can advice their clients. Real estate agents need to keep track of the market trends in the neighborhood where they are selling houses so they can price homes well and so they can make sure their clients are getting a good price. A realtor needs to know the home area, the current prices, the marketing trends, and how to match buyers and sellers. They need to be able to appraise and price the house perfectly so it is not under priced or overpriced. If a house is under priced, not only can their client lose money, but also the realtor himself can lose commissions. If a home is over priced it can sit unsold for months and possibly never sell. A realtor will also need to understand advertising and be able to place ads so that their houses will sell quickly. A good realtor can help their client spruce up their house so that it will market itself. The agent should walk through the house, room by room, and tell the client how to clean it up and de-clutter.

Real estate agents earn their money by commission. They will make a certain percentage of the sales price that comes from the seller’s home. Real estate agents only make money when they sell or help someone buy a house. They do not get a regular paycheck. Many times an agent will make a large commission check and then not make any money for a long time. Most real estate agents work more than forty hours a week, however, some agents work part time. Most of the work is done on a computer so you can work either from home or from an office. Realtors work at night and on weekends, because that is usually when their clients are home. Realtors will need to be available at all times for their client’s questions, for title company’s questions and for other agent’s questions.

To become a realtor you will need to be licensed in the state where you will be selling real estate so look up the requirements in your state. It is also helpful to become acquainted with a mentoring agent who can help you through the process. In addition, many real estate companies will send you to school if you promise to work for them after you are licensed. If you enjoy a challenging job and being a financial advisor, tour guide, salesperson, and psychologist all rolled into one then being a realtor is the job for you.

Article source: http://newsolio.com/small-business-advice-learn-to-be-a-realtor-how-to-become-a-real-estate-agent,3486

Many of us will inherit a share of the family home. I decided to look into the financial implications after watching a clip on TV about a woman who had lost all the proceeds from her mother’s house.

The woman in question fell for a fast-talking Nigeria-based Lothario who conned her out of her inheritance, supposedly to help him solve a business dispute.

Lo and behold, he never turned up in New Zealand to live happily ever after with her as promised and the money vanished.

An inheritance can be a real godsend. As Trade Me member “Asue” said: “I received an inheritance; and every day I appreciate it as it has made my life so much easier and it reminds me so much of the people who left it to me and how much they loved me.”

Inheritances might be just money or property to some people, but to others they have deep psychological significance and might lead to family disagreements or worse.

A sibling or other beneficiary of a person’s will may feel that they have done more to help a parent and deserve a greater share of the inheritance.

Or they may believe that other siblings received more financial help from the parents and feel this should be evened out in the will.

AUT University senior lecturer in psychology Dr Elizabeth du Preez says an inherited property will be a physical reminder of the relationship between parent and child, and dealing with it may be harder if there are unresolved emotional issues. “If it was a complicated relationship it may well make the decision more difficult,” says du Preez. Or children read into the will how much they were valued by that parent.

Siblings may react differently to each other over the inheritance question, she adds. “They will not all have had the same relationship with that person.” Some children want to hold on to the family home as a reminder of the relationship while others may be indifferent or want to get rid of it.

Choosing to keep the property to live in or rent out can be problematic. As soon as you move into the home, even for a day, says trust lawyer Ross Holmes of Ross Holmes Lawyers, it becomes relationship property, whether or not it’s owned by a trust. This is a vivid illustration of why a parent with only one child should be considering setting up an inheritance trust. What’s more, the old family home doesn’t always make a good rental property. It may be run-down, dated and in need of modernisation. Letting it as-is will not bring in a good class of tenant.

Upgrading it, on the other hand, isn’t always a good financial option. That work isn’t tax-deductible, says Joanna Doolan, partner tax at Ernst Young. Although maintenance is tax-deductible, “dilapidation repairs” aren’t, says Doolan. Anyone who tries to pass off those repairs as maintenance risks being caught for tax avoidance.

Sometimes one sibling buys out others only to find the property isn’t worth even the government valuation because of the amount of work that needs doing, says Raewyn Fox, chief executive of the New Zealand Federation of Family Budgeting Services. It’s worth getting a builder’s assessment before raising a mortgage on it, says Fox. It might need too much work or have a fiddly garden that goes to rack and ruin with a bunch of students living in the house.

It’s always wise to take advice from an authorised financial adviser, says Jeff Matthews, senior financial adviser at Spicers Wealth Management.

Matthews dealt with one case in which a client had inherited a property. She wanted to use the proceeds to pay down the mortgage on her rental property. Matthews pointed out to her that the return on the rental property was 4.25 per cent, whereas she could get 7.5-8 per cent return on a bond at the time.

The client would have been better off claiming rental losses on the property against her other income and taking the return from the simple fixed-interest bond investment.

Both Matthews and Doolan recommend using any inheritance to pay down consumer and mortgage debt first. If, for example, you’re paying 6.5 per cent interest on a $100,000 mortgage, by paying it off you’re getting a tax-free return equivalent to investing it at about 9 per cent interest.

Many children become accidental landlords when mum and dad die and aren’t necessarily cut out for the job. First of all there is the problem that they may be emotionally attached to the property and breach a tenant’s peace, comfort or privacy by turning up all the time or failing to give notice of inspections. Or they may simply be personally offended by the way the tenants treat their parents’ former home.

Sometimes coming to agreement with siblings over how the property and tenants are managed can lead to disagreements or bitterness.

Doolan has another point. “[The siblings] need to consider who they think is going to be the government next time when making the decision because of Labour’s capital gains tax proposals. Any second house will be subject to capital gains tax when they ultimately sell the property.”

One of the big issues facing people who inherit property is the Property (Relationships) Act 1976. An inheritance is viewed as separate property under the law. It’s a case of “what’s mine isn’t necessarily yours”.

If you mix the inheritance with relationship property in any way, such as using some of the proceeds to pay off a jointly held mortgage, it will no longer be viewed as separate by law. “In that case you’ve committed hari kari,” says Holmes.

He recommends clients do one of two things. The parent can add to their will that the inheritance will go to the child’s trust if they have one. Or the parent themselves can set up an inheritance trust going to children and secondary beneficiaries such as grandchildren.

If the money is going to a child’s trust, it should be an individual trust, not a family trust with the spouse or partner, says Holmes. It’s a good idea to accompany this with a pre-nuptial agreement if possible to contract out of the law.

The trust route protects the inheritance from children’s ill-chosen or acquisitive spouses and partners. It also protects the money from business creditors because it never actually belonged to the individual. It was passed from the parent’s estate to a trust. “This reassures the parent that the child is getting the money safely,” says Holmes. That is providing the trust is managed correctly.

There are, of course, many cases where the beneficiary is happy to pay an inheritance into the family pot and clear the mortgage, buy a bach or boat, or take a family holiday. If they stay together for life there is never going to be an issue.

From a financial perspective people shouldn’t bank on inheriting the family home, says Matthews. “It’s a bonus.” Parents are entitled to spend their wealth on the things they went without while bringing up a family and building a nest egg. Or maybe they want hip replacements, better dentures and top-of-the-range hearing aids. They deserve them.

Sometimes the hard-earned money they saved to pass to their children is eaten up by residential care costs. Or it may be that older people, without their children’s knowledge, have mortgaged their property with lifetime/home equity loans and there is no capital left.

Children should also be aware that the Property (Relationships) Act 1976 takes precedence over inheritance laws, which means if mum or dad have entered a new relationship the partner will most likely be entitled to the home if the couple haven’t contracted out of the act with a pre-nuptial agreement.

By Diana Clement | Email Diana

Article source: http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10795613