Meeting Summary for April 4, 2018
Lori Vinikoor, Executive Vice President
President Bob Schulbaum began the meeting by leading the Pledge of Allegiance followed by acknowledging Harold Kleiner, founding Board member of the Alliance who passed on last week. Vice President Arnie Katz announced distinguished guests followed by Captain Shawn Eastman of the PBSO who provided a report on the District. Captain Eastman repeated his warning from last month that keeping key fobs in vehicles is a danger; remove them and take them into you house. PBSO recently arrested 3 juveniles linked to 46 stolen vehicles in Palm Beach County. The youngest of the three juveniles was born in 2000. Vehicle burglaries present another problem and of the last few burglaries several included stealing a gun which was not securely locked within the car in a locked box.
Fire Rescue representative: Stay hydrated; the temperature will be rising soon. Purchase your hurricane supplies early and you can speak to Tony Keeler, HOA Liaison to sign up for courses in CPR. Also there is a “Stop the Bleed” campaign for people on blood thinners to learn how to handle a situation with bleeding. There is literature to place on your keychain and garage door so it will be a reminder to shut off your car so Tony can provide that as well; the Alliance will request that he provide this at a future meeting. Also, when the carbon monoxide alarm goes off in your house, call 911 and leave the house immediately for fresh air.
Rep. Berman discussed the last session, which was extended by two days to pass the budget. Issues addressed in the last session included the “me too” sexual harassment movement, hurricane Irma issues, generators for nursing homes which will now be required, and the Marjorie Stoneman Douglas Act which contains gun control provisions and additional methods for hardening schools, 60 million dollars for mental health, and a ban on bump stocks. Also, it includes a three day waiting period to purchase guns, raises the age to purchase assault rifles from 18 to 21 and allows a law enforcement officer to go to court and remove guns from someone who presents a danger.
Commissioner Mary Lou Berger discussed the Morikami’s award from the Cultural Council of Palm Beach County.
Karen Brill, the District’s School Board representative informed the audience that the County sent a letter to the Governor informing him that only authorized law enforcement officials will be able to carry firearms on school campuses. Eagle Arts Academy may close down shortly and the School Board is looking to find school placement for the hundreds of students and teachers who may be displaced.
Executive Vice President Lori Vinikoor announced that the June Breakfast will be held on Friday June 1, 2018 so “save the date.” Also, read the Alliance newsletter that contains material which is pertinent to development and activities in the south Palm Beach County area..
Clerk and Comptroller Sharon Bock began the formal program explaining that she functions in three roles: she is the Clerk of the Circuit Court, Official Registrar, and County Comptroller. She creates a level playing field for the public because she is a constitutional officer elected by the people. Clerk Bock indicated that fraud is prevalent today and we are standing at ground zero in the United States for the oldest senior population, a vulnerable group. Since 2010, Clerk Bock created the first and only guardianship fraud program in the world. In the first month the hotline received calls from Canada and almost all 50 states. The program has been adopted by several states already and the World Congress on Guardianship voted the Palm Beach County program the most effective guardianship monitoring program in the world. The Guardianship system protects incapacitated people/people who cannot make decisions, however it is also used as a tool to control and exploit incapacitated people. The process includes the Court appointing the guardian after determining (adjudicating) the individual as incapacitated. In Palm Beach County there are 3000 to 5000 adults and children under guardianship and there is One Billion dollars in guardianship assets that are at risk for exploitation. The Clerk’s role in guardianship provides independent check and balance, levels the playing field, increases professionalism, ensures integrity, and deters fraud. There have been 1,852 cases audited/investigated, 720 hotline reports received, 6.4 million dollars identified, and 64 cases referred to law enforcement and adult protective services. The number to call if you suspect fraud is 1-561-355-FRAUD and the website is www.mypalmbeachclerk.com/fraud . Anthony Palmieri is the Deputy Inspector General & Chief Guardianship Investigator under the Division of Inspector General which is contained under the office of the Clerk and Comptroller. His phone number is (561)355-6782.
The following speaker was Henry Handler, Esq. of Weiss, Handler, and Cornwell, PA. who spoke on managing corporate ownership in COA’s and HOA’s. Because of the state of foreclosures, COA’s and HOA’s are seeing more corporations owning units in their communities. Reasons for more corporate ownership include banks and institutions collecting their bad debts as a package and selling properties to corporations. Also, there are very popular and prominent sales pitches on the internet promoting corporate ownership and its benefits such as shielding from personal liability when investing in properties. Tension is growing between the people wanting to sell their properties/units to who they want to (including corporate entities) and the Associations working to properly manage and maintain their communities and common elements in a consistent manner and collect dues and assessments.
Associations do have the ability to manage through Florida Statute 718 for Condos and 720 for HOA’s and are empowered to pass rules and regulations and amendments to the declaration of condominium or restrictive covenants when necessary. Citing case law, Mr. Handler explained that Associations can restrict the leasing of units by corporations or any other unit owner. Limitations include the number of times a unit can be rented and the duration of the rental. Associations can regulate and manage corporate ownership within communities without discriminating against the corporate owners. The offices of Weiss, Handler & Cornwell are located at 2255 Glades Road in Boca Raton.
The next meeting of the Alliance of Delray will take place on May 2, 2018. The United States Department of Homeland Security will be discussing Cyber Security and Attorney Joshua Gerstin will be presenting “The Drone Issue” for communities.