Wednesday, October 28, 2009

A powerful story. Golf

For those of you who are non-golfers, David Feherty is an irreverent TV golf
analyst. An Irishman and former touring professional, he has a whimsical
and often sarcastic view of the world and of professional golf. This
article is particularly good. I don't know where we get these kids he
speaks about, but bless them, and thank God they are on our side.
(Courtesy of Hugh Quinn)

Soldiering On
The Troops First Foundation gives America 's injured vets a chance to reclaim
their dignity

By David Feherty
Contributing Writer, GOLF Magazine
Published: August 26, 2009

The final round of Tiger's AT&T National at Congressional Country Club in
July was particularly satisfying for me to witness because I followed the
host toward his one shot victory over Hunter Mahan, who had earlier posted
an incredible 62. Hunter has supported my Troops First Foundation events
since the beginning, and like Tiger, his dad served in the military.

Earlier that week, Hunter, Rod Pampling, Jason Gore, Pat Perez, Kelly
Tilghman and Tom Watson played with thirty or so seriously injured
servicemen and women (most of them amputees) in my 2nd Annual Improvised
Explosive Day of Golf at the Chevy Chase Club.

This year I had another amazing group of warriors, from Rob Brown - a
below-the-knee amputee who may represent the US in both the regular Olympics
in kayak and Para-Olympics in track and field - to 22-year-old PFC Brendan
Marrocco of the 25th Infantry, who on Easter Sunday in Tikrit was robbed of
all four limbs plus his left eye.

It takes a while to figure out how to react to the severely injured members
of our armed forces, but after almost three years of being around them, I
think I have it figured out. This year's IED of Golf was the first time I'd
met Brendan, with whom it is impossible to shake hands, play footsie, chest
bump or, for that matter, pull his finger. A stump-to-knuckles thing had to
suffice, and after that I embarked on what is now my normal procedure for
getting to know a new member of my F-troop, who was being driven around in a
cart by his brother Mike. It went something like this:

Me: "You know, you're not as tall as I thought you'd be."

Brendan: "I used to be taller."

"Yes, I can imagine. So, what would you like to do today?"

"I'd like to kick your ass."

"Well, that seems unlikely. Obviously you can't walk, but you look like
you'd bounce pretty well. Are you going to be okay in that cart without a
seat belt?

"Yeah, I can hold on with my butt cheeks."

"Excellent! Well, clench on, brother - I'll see you out there."

(Later that morning)........

Me: "Hey, Stumpy, how's it going?"

Brendan: "I like this - is there any chance I can go watch Tiger with you
this week?"

"I'll get you inside the ropes if I have to wear you like a f-----g hat."

"Man, that's cold."

"Hey, get used to it, kid - you're an F-trooper now."

These exchanges usually horrify first-time witnesses, but after a few
moments, everyone gets it. Brendan has lost his limbs, not his mind, but
more important for a man who has been trained to be one of the best soldiers
on the planet, he has lost his dignity.

By his reactions to my seemingly callous assaults on what is left of him,
Brendan regains a little of that dignity each time. Brendan, like the rest
of my men and women, is more courageous, more inspiring, more complete, and
funnier than any able-bodied person I know. His intelligence and his sense
of humor are the only weapons he has left to defend himself, and he will use
them in a manner that leaves those of us who are lucky enough to have him
and others like him defending our freedom utterly awestruck and humbled.

Tiger had a one-shot lead after the 17th hole, and as he stood waiting for
Anthony Kim to putt out, I put my hand on his shoulder and told him that
Brendan, who had followed him all day in a cart inside the ropes, was now in
his wheelchair where Tiger would turn the corner to go to the 18th tee.
Tiger smiled at me and nodded.

Before heading to the last tee, Tiger hunkered down and knuckle-stumped one
of his heroes, PFC Brendan Marrocco. Brendan, who before that day had been
ashamed and frightened to go out in public, was wheeled by his father, Alex,
and his brother Mike down the center of the 18th fairway to an overwhelming,
roaring, standing ovation.. He lifted what is left of one of his arms in a
salute, and this announcer wept like Gary McCord at a Barry Manilow concert
as Tiger looked on in the background, smiling..

It's hard to know which boy the old Green Beret Earl Woods would have been
prouder of at that moment, but I do know this: Because of Tiger Woods,
Hunter Mahan and the Troops First Foundation, PFC Brendan Marrocco is no
longer ashamed to go out in public. And by this winter, he will be hunting
birds with us and pulling his own damn trigger, or I'll make the little
swine drop and give me twenty. Only a fool would bet against him being able
to do both. Like they say, there's strong, and then there's Army Strong.

Tuesday, October 27, 2009

They tell you what to do.

Article Courtesy of NewsChief.com

By Dr. DONALD L. AREY
Posted on March 17, 2009

They can dictate the color of your home. They can tell you the length and height of your fence, when you must repair your roof, and, worst of all, they can levy a fine and place a lien on your property and foreclose on it for nonpayment, or even delayed payment of an assessment, however small. Extreme cases have occurred whereby a home was sold for nonpayment of an assessment as small as $100.

"They" are called homeowners associations (HOAs) and they threaten homeowners everywhere.

There are approximately 250,000 HOAs in the United States and they control the lives of about 50 million people. Approximately 50 percent of all new home construction in the U.S. in major metropolitan areas falls within the purview of a homeowners association.

Homeowners associations sprang up in the 1970s in California and have proliferated ever since. Supporters of HOAs argue that they help maintain order and property values and serve the best interests of owners in general. Supporters are convinced that association rules prevent chaos such as motorhomes left in the driveway, oddly painted units, dilapidated pickups left on blocks and poorly maintained landscaping. For some owners, a disadvantage of living under an association is the requirement of mandatory membership with the accompanying financial burdens of dues and assessments.

Living in an association-controlled property subjects homeowners to total control of the decisions of boards of directors, who have the responsibility of collecting the fees. Because there is a contractual obligation between the owners and the association, the board has the power to place a lien on the owner's property and then follow this with foreclosure proceedings if an assessment is unpaid, or even late. To cover a small assessment, the owner's home can be taken away from them.

Do you think this could never happen to you? Read on!

Emotionally entrenched boards may indulge themselves in heavy-handed and erratic enforcement of governing documents and even make up their own rules as they go on, thus violating homeowners' rights. Association boards can take the position of wielding a big stick and conducting themselves unfairly and sometimes outrageously. If HOAs dislike an individual, they are in a position to punish without recourse.

Associations are, in effect, "mini-governments" with few checks and balances. Dissenting homeowners find that complaining is often futile. Militant boards with unreasonable ideas can make for unpleasant and costly results for those who challenge them. Boards have the option of imposing fines and other sanctions against owners, without resorting to the legal system. Those who feel that their rights have been violated, or who want to challenge the board, have no recourse other than to resort to the courts, which is costly.

Perhaps there is nowhere else in our governing system where so much power is given to "rank amateurs," with little or no checks and balances. If these "rank amateurs" are decent and honorable people, sensitive to the needs of ALL members, then there probably will be no problem. Fortunately, most associations function in this manner. If yours does, consider yourself fortunate. A militant and heavy-handed approach to governing can be very traumatic and painful to those who disagree.

There is great potential for abuse in the system and state legislatures are struggling with this problem. Cases of abuse are many in Florida and the Florida Legislature is well aware of the problem. Under pressure from constituents, at least one, possibly two legislators are pushing for the removal of HOAs' ability to place liens.

Florida law creating and regulating HOAs was passed in the 1990s and, unfortunately, does provide that a lien may be secured against a member of a HOA for nonpayment or delayed payment of an assessment. It can be safely assumed that the intent of the law was to trap scofflaws and chronic nonpayers (deadbeats). It is doubtful that legislators were targeting HOA members who merely question certain expenditures or budgetary items or request clarification. That is precisely what happened to me in 2006. Read on.

The HOA in our Winter Haven-area neighborhood, the Estate area of Orchid Springs, was formed in 1987 to oversee matters of common interest, principally the resurfacing of the roadway. I served five years as president and the organization functioned for many years in a benign fashion. Tranquility was ever present and no problems of significance were encountered.

It was not possible to imagine the problems that lay ahead beginning in 2006 when a new and very different board was seated. Under this new board, spending dramatically increased, and not always wisely. Any challenges were met with cold indifference; the board had already made up its mind. In the 2006 budget, certain line items were unclear to my wife and me and we requested clarification, and we clearly indicated that we would promptly pay our annual assessment upon clarification. Florida law clearly states that this must be provided.

The board chose to ignore this contractual obligation and chose instead to place a lien on our lovely home of 30 years and our adjacent lot. This home has been paid for - for many years - and to make matters worse, the board retained the services of a Lakeland attorney who demanded that we pay, within 10 days, the $900 assessment plus his legal fees of $1,800, for a total of $2,700. If not paid within 10 days, then he would commence foreclosure, which is tantamount to taking the home away from us and literally selling it on the courthouse steps in Bartow. Unfortunately, Florida law allows for this terrible action, by a board that is obsessed with power and control.

Devastated and faced with loss of our home, we had no choice but to pay up - and quickly.

Yes, this actually happened in East Polk County and it illustrates just what can result when a board develops an "attitude" and asserts control over members in a homeowners association.

Though California has had the worst problems with HOAs, Florida is not far behind. An ad hoc committee was appointed in the Florida House last year to address the large number of complaints of HOA abuse. Limited legislation was passed, but the ability to place liens is still on the books. I have volunteered to appear before the Legislature to share my experiences of HOA abuse, at the hands of a militant board that chose to inflict pain rather than act in good faith by providing requested information.

I have been told that there are so many cases of abuse in Florida that my story would be only one of many. Apparently, boards running amok in Florida are not rare. Knowing what I know now, I would NEVER locate in a neighborhood where a HOA exists.

I would advise anyone to seriously consider the pros and cons of locating in a development where membership in the HOA is mandatory. Unfortunately, it is too late in life for my wife and me to consider relocation, though it is at times tempting. As in card games, you sometimes draw a bad hand.

Donald L. Arey Jr., M.D., of Winter Haven is a general and vascular surgeon.

ANOTHER EMBEZZLER BEING PROSECUTED?

An Opinion By Jan Bergemann
President, Cyber Citizens For Justice, Inc.
Published October 26, 2009

It looks like another board member got caught with the hands in the cookie jar.

According to files from the Clerk of Courts Broward County 17th Judicial Circuit of Florida, the office of State Attorney Michael J. Satz is prosecuting Eveline Wright, who was for many years the treasurer and registered agent of THE PRESERVE AT CHAPEL TRAIL HOMEOWNERS ASSOCIATION, INC.

Eveline Wright was arrested on January 29, 2009 for FELONY ORGANIZED FRAUD and GRAND THEFT OF THE 2ND DEGREE (See: CRIMINAL COMPLAINT).

An investigation of the finances of the association by Detective Thomas Moran of the Pembroke Pines PD showed that association funds were used by Eveline Wright to pay personal bills and/or she misappropriated association funds for her personal use. According to sources, the total damage is estimated at $100,000.

Jury trial is set for December 7, 2009, in front of the Honorable M. Rodriguez-Powell.

This case shows again that fraud and embezzlement are rampant in our community associations. Representative Julio Robaina proposed in spring (H 1397) to create a condo police force, paid for by the condo trust fund! Florida's association members need that more than ever! I could never understand the outcry of dismay over this proposal from attorneys and board members.

WHAT DO THEY HAVE TO HIDE?

Night Watchman

How The Gummint Works

Once upon a time the government had a vast scrap yard in the middle of a
desert. Congress said, "Someone may steal from it at night." So they created a
night watchman position and hired a person for the job.

Then Congress said, "How does the watchman do his job without instruction?" So
they created a planning department and hired two people, one person to write
the instructions, and one person to do time studies.

Then Congress said, "How will we know the night watchman is doing the tasks
correctly?" So they created a Quality Control department and hired two people.
One to do the studies and one to write the reports.

Then Congress said, "How are these people going to get paid?" So they created
the following positions, a time keeper, and a payroll officer, then hired two
people.

Then Congress said, "Who will be accountable for all of these people?" So they
created an administrative section and hired three people, an Administrative
Officer, Assistant Administrative Officer, and a Legal Secretary.

Then Congress said, "We have had this command in operation for one Year and we
are $18,000 over budget, we must cutback overall cost."
So they laid off the night watchman.

NOW slowly let it sink in. Quietly, we go like sheep to slaughter.

Does anybody remember the reason given for the establishment of the DEPARTMENT
OF ENERGY....During the Carter Administration?

Anybody?

Anything?

No?

Didn't think so!

Bottom line. We've spent several hundred billion dollars in support of an
agency ... the reason for which not one person who reads this can remember!

Ready?? It was very simple ... and, at the time, everybody thought it very
appropriate.

The Department of Energy was instituted on 08-04-1977. TO LESSEN OUR
DEPENDENCE ON FOREIGN OIL.
That was 32 years ago........


Hey, pretty efficient, huh???

AND, NOW, ITS 2009 -- 32 YEARS LATER -- AND THE BUDGET FOR THIS "NECESSARY"
DEPARTMENT IS AT $24.2 BILLION A YEAR. THEY HAVE 16,000 FEDERAL EMPLOYEES AND
APPROXIMATELY 100,000 CONTRACT EMPLOYEES; AND, LOOK AT THE JOB THEY HAVE DONE!
THIS IS WHERE YOU SLAP YOUR FOREHEAD AND SAY, "WHAT WAS I THINKING?"

Ah, yes -- good ole bureaucracy.

And we are turning the banking system, the insurance industry, the auto
industry, and now HEALTH CARE over to the same government????

Assistant director, Administrative Assistant

In 2007 we had a Assistant Director Janie Wilcox and Administrative Assistant Anna Johnson and a Community Director Joe Hunter. Now we have only "Do Nothing" Joe Hunter. He sure knows how to take charge.

dining room grill

Again another person is no longer in charge of the dining room. Lynn Doby has been replaced by Frannie Ambrose. Joe Hunter sure knows how to say good by.

Monday, October 26, 2009

Economic Stimulus payment.

Sometime this year, we taxpayers may receive another Economic Stimulus payment.

This is a very exciting program. I will explain it using the Q and A format:

Q. What is an Economic Stimulus payment?
A. It is money that the federal government will send to taxpayers.

Q. Where will the government get this money?.
A. From taxpayers.

Q.. So the government is giving me back my own money?
A. Only a smidgen.

Q. What is the purpose of this payment?
A. The plan is that you will use the money to purchase a high-definition TV set, thus stimulating the economy.

Q. But isn't that stimulating the economy of China ?
A. Shut up.

Below is some helpful advice on how to best help the US economy by spending your stimulus check wisely:

* If you spend the stimulus money at Wal-Mart, the money will go to China .
* If you spend it on gasoline, your money will go to the Arabs.
* If you purchase a computer, it will go to India .
* If you purchase fruit and vegetables, it will go to Mexico , Honduras and Guatemala .
* If you buy a car, it will go to Japan .
* If you purchase useless stuff, it will go to Taiwan .
* If you pay your credit cards off, or buy stock, it will go to management bonuses and they will hide it offshore.

Instead, keep the money in America by:

1. spending it at yard sales, or
2. going to ball games, or
3. spending it on prostitutes, or
4. beer or
5. tattoos.

These are the only American businesses still operating in the US .

I'm going to go to a ball game with a tattooed prostitute that I met at a yard
sale, and drink beer!
Yay! Woo Hoo!! Just call me a patriot.

Lake ashton living

Now you have to sign up to received information about what is going on here at Lake Ashton or to see what is for sale. What is this place coming to? Sign up for what and why? You must pay a large sum to advertise your item. What a cheap idea. But there are a lot of people that love it. Go for it.

NEWS WANTED send to lakeashtontalk@yahoo.com

Condo board tries new tactic to collect delinquent fees

Article Courtesy of The Miami Herald
By MONICA HATCHER
Published October 23, 2009

Condo owners behind on maintenance fees, beware: Condo boards are becoming more aggressive in collecting delinquent fees. One board even wants to try an untested strategy -- forcing renters into empty units to pay off deadbeat accounts.

The board at the Jade Residences at Brickell Bay, a luxury condo of 341 units, is asking a Miami-Dade judge for permission to rent vacant units belonging to owners who aren't facing foreclosure but are behind on fees, which pay for the basic needs of the building such as water, power, insurance or even a new roof.

As the collection crises for condo boards deepens, the forced-rental program is the latest example of associations becoming pushier -- and more creative -- in their attempts to wring revenue from delinquent homeowners and idle units.

There's no guarantee a judge will buy the notion of forced rentals, though. On its face it seems to step on owners' property rights.

"It would be breaking and entering,'' said Ben Solomon, an attorney who helps condo associations in collection efforts and thinks forced rentals are a bad idea. ``It would be short-sighted to try to get a little extra income and be sued by a debtor for illegally entering, renting out or otherwise using their unit.'

That view doesn't deter Guillermo Mancebo, a lawyer with Siegfried, Rivera, Lerner, De La Torre & Sobel in Coral Gables, who represents Jade. He said owners who don't pay their fees put everyone's property at risk because gaping budget holes lead to disruptions of critical services.

Jade, he said, is running a $100,000 deficit every month because about 50 units are vacant and behind on fees. In the second quarter, the average selling price for a condo at Jade was nearly $604,000. Monthly association fees at such luxury buildings often exceed $1,000.

`CRISIS'

"A lot of the judges now are understanding the crisis condo associations are facing in the collection of maintenance fees,'' said Mancebo.

Current renters in Jade already turn over rent payments to the association when their landlords fall behind, dictated by a lease addendum landlords must sign before renting their condos.

But Mancebo says Jade and other condos need help with units that are lying fallow.

In Jade's petition, Mancebo is asking the court to appoint a blanket receiver to manage the forced rental program. He's also asking the court to include units not yet in foreclosure by the association.

FAIRLY NEW REMEDY

That's a new and controversial twist on blanket receivership, which is itself a relatively new collection remedy being used by condo associations. Under a blanket receivership, a court appoints an independent custodian to collect rents from all units whose owners are behind.

But the law says the units under a blanket receivership must be subject to foreclosure by the condo association, according to Solomon, whose firm, Association Law Group,is credited with first devising the blanket receivership principle.

In a court order last week, however, Miami-Dade Circuit Court Judge Gisela Cardonne Ely allowed a blanket receiver for Residences at the Falls condo to collect rents on units not in foreclosure by the association.

Mancebo said the order was a major development because it would save the Residences at the Falls tens of thousands of dollars in legal fees to file foreclosures against delinquent units. It could similarly save other cash-poor associations.

QUESTIONS

Solomon said the development was "terrible'' because the orders clearly are contrary to the law and put associations at risk of being sued. But there are questions about whether the association or the receiver might be liable.

"I can't blame a lawyer for trying to get the best rights for the association, but if they are not rights afforded by the law, the court order can be reversed,'' Solomon said. He added judges were granting the blanket orders giving relief to condo associations based on what they think is correct rather than what the law allows.

Chris Gallo, a resident at the troubled Buckley Towers condo in North Miami Beach, was undecided on the question of forced rentals but said one thing was for sure: ``When you sign onto a condo, you promise to pay the fees, and when you don't, you're putting the association in a place where they can't get the revenue to run the place properly.''