Sunday, October 31, 2010

Review by Irv Rikon: Cane

PLAY REVIEW: CANE AT FLORIDA STAGE

Water is always a problem for southeastern Florida. Although the State is a peninsula bounded on three sides by salt water, it has no mountains that yield fast, free-flowing rivers of potable water. Most of Palm Beach County's drinkable water derives from underground aquifers or from Lake Okeechobee to the west of the major coastal population centers. As the population increases, there is always a danger that the water supply will quite literally dry up and disappear. Compounding the problem is that most years rainfall is relatively modest during the winter and early spring. A season of really light rainfall can dry out the soil and result in a drought. From late spring through late autumn, severe hurricanes -- torrential rains and terribly high winds -- can whip across the land to cause substantial loss of human (and animal) life and property. In 1926, drought was so bad water managers estimated that West Palm Beach had only a 21-day supply of water remaining. People prayed for rain. When it fell, it fell hard, in the form of a hurricane. A mud dike, built to retain Lake Okeechobee, gave way, killing 400 people. Political squabbles followed, resulting in patchwork repairs. In 1928, "The Big One" struck. The dike broke again. Now 2,500 people died.

Andrew Rosendorf's drama, CANE, considers this subject. Being given its World Premiere performances by FLORIDA STAGE in the Company's new home at THE KRAVIS CENTER in West Palm Beach, the play is set in Belle Glade. The time is 1928. The storm has not yet come. Perhaps it won't. Neighbors Eddie Wilson (Gregg Weiner) and Noah Brooks (David Nail) discuss it. Noah is depressed. There's been little rain. His property isn't worth much. Maybe he should sell it and get out. Eddie thinks all this land has value. He offers to buy Noah's property. They shake hands on the deal. Other people are involved. Eddie's wife, Ruthie, would like to move away, but in common with most women of her day, she leaves hard decision-making to her husband and more or less lives in his shadow. A hermit (Dan Leonard) comes in and out, occasionally expressing his opinions. Then there's the black girl Harriet (Trenell Mooring,) a field hand who works for Eddie. She is pregnant. Eddie suspects his son is the father, which the girl does not deny. At a time when segregation is still the law of the land in the Deep South, in his fashion Eddie treats Harriet kindly, if not entirely respectfully. But the storm is definitely coming; there's no longer any doubt. Noah changes his mind: with rain incoming, his property might be worth something. He reneges on his deal with Noah, who offers him more money. Both men have rifles. Thunder and lightning and rain crash down. A rifle fires. A scuffle breaks out. In a truly stunning ending to the first act, one of the men is left dead.

Act Two takes place at the present time. The same actors portray descendants of the '28 people, and some 80-odd years later, they're still talking about what occurred back then. Zora, Harriet's heir, a college grad, speculates on what may have happened to Harriet, who simply disappeared in the flood. Her suspicions gain sympathy from police officer Isaac Brooks. But they lack sufficient evidence to press the case that Zora wants to bring to court. "Junior" Wilson has meanwhile become a wealthy real estate developer. His wife, unlike her predecessor, at a critical juncture takes a stand in opposition to her husband. For me, shortly after this point the play begins to fall apart. Zora delivers a lengthy soft-spoken monologue which, although I sat quite close to the stage, I confess I did not fully hear. From what I could tell, her talk summarizes what she believes befell Harriet on that fateful day the storm struck and then concludes on a spiritual note, whereupon the play essentially ends.

I don't like to give away play endings (especially when I have not clearly heard the closing words!), but I have to say that while Act One is full of high drama (even melodrama), memorable characters and lively action, Act Two lacks that vital drive, the contemporary characters border on stereotypes, and everything ends in a near-whisper. This is a strong play which has potential to be truly powerful, yet the ending is weak.

So -- my overall feeling? I liked the play, Mr. Rosendorf's first full-length work to be professionally produced, and I liked it quite a lot. I liked Louis Tyrrell's directing, the special effects, the acting. My guess is that the playwright's forthcoming works will be much produced. But I think that sometime in the future, he'll return to this one and revise its second act. You may well disagree with my words: I urge you to see and to judge for yourself!

The play runs through November 28. Remember there's been a change: Evening performances begin at 7:30 p.m. and matinees at 1:30 p.m. For tickets and additional information on this and incoming shows, telephone 585-3433 or online www.floridastage.org.

AT THE MUSEUM

I hadn't been to THE NORTON MUSEUM OF ART in downtown West Palm Beach for awhile. This past Saturday seemed as good a time as any to go. Even when I first arrived here, many years ago, the Museum wa recognized as being one of the best in the American southeast. In recent years, it has been modernized, greatly enlarged, and its collections have grown. Also, as usual, it has interesting things to see and to do. Yes, "do." All good museums nowadays have interactive programs, entertaining, informative lectures and family events. (For these, contact the Norton to receive additional information: 832-5196 or www.norton.org.) Meanwhile, here's a peek at some of the current art exhbitions.

Through November 21 view "On the Silk Road and the High Seas: Chinese Ceramics, Culture and Commerce." The Norton has a large permanent collection of Chinese art. This touring exhibition lends a little something extra.

Through January 2 visit "John Storrs: Machine-Age Modernist." John Storrs (1885-1956) is credited with developing a geometric non-objective form of the Art Deco style. Highlighted are some of his sculptures, drawings and paintings from various national museums. His stylized, elongated forms won't be to everyone's tastes, but they will give you pause when you examine them.

Through January 9 see "Nick Cave: Meet Me at the Center of the Earth". Here's a colorful, joyful art exhibition if ever there was one! Nick Cave creates costumes, and he makes them of all sorts of things one would never associate with clothing, including ordinary household objects that many of us would discard. They are very tall, some probaby as tall as two average-size males standing one on top of the other; they have multitudes of colors, some sparkling in such a way as to turn a rainbow green with envy, and they make sounds as the wearer whirls, shakes or just moves about. Inspired by costumes worn in Africa (Mr. Cave is African-American), his "Soundsuits," as the artist terms them, "evoke celebratory and religious ceremonial costumes as well as the extremes found in haute couture." The Museum says that. But whereas authentic African costumes can seem quite sinister to non-Africans, these are designed for fun and high spirits. (You can watch a film at the Norton, which shows them in use. It's festival-time!) If you have kids or grandkids about, take them to see this. They'll love it. I did, too! By the way, "Meet Me at the Center of the Earth" is Mr. Cave's way of saying that at their core, all human beings are the same.

Through February 9 study a self-portrait by Vincent van Gogh. Only one such painting is on view, but in it one can see something of the origins of modern art and the influence van Gogh would have upon generations of artists who came after him.

The Norton has a restaurant, not cheap, but the food is high-quality and artistically presented. The service is excellent.

COMING THIS WEEK

November 2 - 14 at THE MALTZ JUPITER THEATRE in Jupiter visit "12 Angry Men." You may have seen the movie starring Henry Fonda and an all-star cast, but seeing it onstage is almost like watching an honest-to-goodness jury trial, quite different from watching a film. The premise here: In our country, unlike many others, a defendent is innocent until proved guilty. -- Or is he? Phone 561-575-2223 or 800-445-1666 for tickets and additional information.

November 7 - December 12 THE CALDWELL THEATRE in Boca Raton welcomes the return engagement of VICES: A LOVE STORY. A musical, it was heralded by audiences and critics when it first appeared in 2009. It's here now, by request. The box office number is 877-245-7432 or online: www.caldwelltheatre.com.

Sunday, November 7, Daylight Saving Time ends. Set your clock back one hour.

Wednesday, October 27, 2010

Wednesday, October 20, 2010

CONDOMINIUM STUDY AND REFERENCE GUIDES

Condominium Election Procedures

http://cvbitbucket.blogspot.com/2010/10/condominium-association-election.html



Budgets and Reserve Schedules Manual

http://www.myfloridalicense.com/dbpr/lsc/documents/budgets_and_reserves.pdf



Reasonable Modifications (Joint Statements of the DOJ & HUD)

http://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf



Reasonable Accommodations (Joint Statements of the DOJ & HUD)

http://www.hud.gov/offices/fheo/library/huddojstatement.pdf



Housing for Older Person's Act (HOPA) - Final Rule Implementation

http://www.hud.gov/offices/fheo/seniors/hopa.pdf



Legal Articles from Gary A. Poliakoff & Joseph E Adams, ESQ. (w/ search engine)

http://www.becker-poliakoff.com/pubs/articles.html



Public Records Search (Condominium Core Documents and Amendments; Liens; Mortgages; etc.)

http://oris.co.palm-beach.fl.us/or_web1/or_sch_1.asp



THE DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES

-Condominium Forms

http://www.myfloridalicense.com/dbpr/lsc/LSCMHCondominiumForms.html

- Educational Publications

http://www.myfloridalicense.com/dbpr/lsc/LSCMHCondominiumPublications.html

-Condominium Statutes

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0718/0718ContentsIndex.html&StatuteYear=2010&Title=-%3E2010-%3EChapter%20718

-Rules (Florida Administrative Code – F.A.C.)

http://www.myfloridalicense.com/dbpr/lsc/documents/CONDORULES121009.pdf


-Board Member Education Certification

http://www.myfloridalicense.com/dbpr/lsc/condominiums/BoardMemberEducation.htm

-Frequently Asked Questions (Condominiums)

http://www.myfloridalicense.com/dbpr/lsc/LSCMHCondominiumFAQs.html

-Arbitration

http://www.myfloridalicense.com/dbpr/lsc/ARB/LSCMHArbitrationEducation.html

-Declaratory Statements

http://www.myfloridalicense.com/dbpr/lsc/LSC-home-declaratory_statement_general.html

-Contact the Division

http://www.myfloridalicense.com/dbpr/lsc/LSCMHContactDivision.html

Monday, October 18, 2010

Review by Irv Rikon: Zero Hour at the Maltz Jupiter Theatre

ARTS AND ENTERTAINMENT BY IRV RIKON

PLAY REVIEW: ZERO HOUR AT THE MALTZ JUPITER THEATRE

ZERO HOUR, written by and starring Jim Brochu, had its off-Broadway Premiere as recently as November, 2009, but from October 21 through October 24, 2010, it's at THE MALTZ JUPITER THEATRE in Jupiter, where I urge you to see it. The subject is Zero Mostel, the legendary comic actor who onstage originated the role of Tevye in FIDDLER ON THE ROOF and created the lead role in A FUNNY THING HAPPENED ON THE WAY TO THE FORUM both onstage and in the film. He was the producer in Mel Brooks' movie,THE PRODUCERS. To me, he was the most inimitable actor I ever saw, larger than life. Despite his size and bulk, he moved gracefully, his schtick and mugging helping to make him a truly memorable performer. Mr. Brochu succeeds in bringing him back again.

Zero was a painter before he turned to acting. The setting is his Artist's Studio in Manhattan. A reporter from The New York Times has come to interview him in July, 1977. The time is critical to his story. Zero and other alleged Communists working in the entertainment industry had been asked to appear before a Congressional Committee investigating the suspected influence of communism in the popular media. Many who testified before that Committee would ultimately be blacklisted, Zero among them. Blacklisting meant no one would hire them again. This was "The McCarthy Era," played out during the Eisenhower and Kennedy administrations, but with its repercussions -- especially the ugly partisan politics -- felt to this day. The play does a good job of showing McCarthyism's evils. Those whom Senator Joe and his colleagues disliked and accused -- often without substantial evidence -- were essentially barred from employment with, in most instances, their reputations shattered, sometimes forever.

Zero had other problems: his parents disowned him; in a freak accident, a bus ran over him, crushing his leg and causing him pain that lasted through the remainder of his life. These things and more he talks about with the reporter and us, the audience. He names names, among them actress Lucille Ball and Director-Choreographer Jerome Robbins. Zero's relationship with Robbins was extraordinary, to say the least. As Zero Mostel, Mr. Brochu swaggers, smiles, snarls, tells tales that are funny, bitter and angry. His performance is a tour-de-force that won for him the 2010 New York Drama Desk Award for Outstanding Solo Performance and the 2010 Helen Hayes Award for Best Lead Actor in a Play. I've no doubt the New York critics got it right.

All who love theater should see this show. All who lived in America during the '50s, '60s and '70s will remember the days of their relative youth. For others, it will be an entertaining bit of showbiz Americana. My one and only objection to the show is that too much of the downside of Zero Mostel is in it. For me, he was a very funny man, and that's the image I like to keep with me. But I laughed here, just as I laughed when Zero himself took the stage. Applause, applause!

For tickets and additional information, telephone 575-2223 or online at www.jupitertheatre.org.

Saturday, October 16, 2010

CONDOMINIUM ASSOCIATION ELECTION PROCEDURES

Florida Condominium Election Procedures



Section 718.112 (2)(d)(3), Florida Statutes


The members of the board shall be elected by written ballot or voting machine. Proxies may not be used in electing the board in general elections or elections to fill vacancies caused by recall, resignation, or otherwise, unless otherwise provided in this chapter.


a. At least 60 days before a scheduled election, the association shall mail, deliver, or electronically transmit, whether by separate association mailing or included in another association mailing, delivery, or transmission, including regularly published newsletters, to each unit owner entitled to a vote, a first notice of the date of the election. Any unit owner or other eligible person desiring to be a candidate for the board must give written notice of his or her intent to be a candidate to the association at least 40 days before a scheduled election. Together with the written notice and agenda as set forth in subparagraph 2., the association shall mail, deliver, or electronically transmit a second notice of the election to all unit owners entitled to vote, together with a ballot that lists all candidates. Upon request of a candidate, an information sheet, no larger than 81/2 inches by 11 inches, which must be furnished by the candidate at least 35 days before the election, must be included with the mailing, delivery, or transmission of the ballot, with the costs of mailing, delivery, or electronic transmission and copying to be borne by the association. The association is not liable for the contents of the information sheets prepared by the candidates. In order to reduce costs, the association may print or duplicate the information sheets on both sides of the paper. The division shall by rule establish voting procedures consistent with this sub-subparagraph, including rules establishing procedures for giving notice by electronic transmission and rules providing for the secrecy of ballots. Elections shall be decided by a plurality of those ballots cast. There is no quorum requirement; however, at least 20 percent of the eligible voters must cast a ballot in order to have a valid election of members of the board. A unit owner may not permit any other person to vote his or her ballot, and any ballots improperly cast are invalid, provided any unit owner who violates this provision may be fined by the association in accordance with s. 718.303. A unit owner who needs assistance in casting the ballot for the reasons stated in s. 101.051 may obtain such assistance. The regular election must occur on the date of the annual meeting. This sub-subparagraph does not apply to timeshare condominium associations. Notwithstanding this sub-subparagraph, an election is not required unless more candidates file notices of intent to run or are nominated than board vacancies exist.


b. Within 90 days after being elected or appointed to the board, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the association’s declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the association’s members. In lieu of this written certification, the newly elected or appointed director may submit a certificate of satisfactory completion of the educational curriculum administered by a division-approved condominium education provider. A director who fails to timely file the written certification or educational certificate is suspended from service on the board until he or she complies with this sub-subparagraph. The board may temporarily fill the vacancy during the period of suspension. The secretary shall cause the association to retain a director’s written certification or educational certificate for inspection by the members for 5 years after a director’s election. Failure to have such written certification or educational certificate on file does not affect the validity of any action contained therein shall not exceed one side of the sheet which shall be no larger than 8 1/2 inches by 11 inches. Any candidate desiring the association to mail or personally deliver copies of an information sheet to the eligible voters must furnish the information sheet to the association not less than 35 days before the election. If two or more candidates consent in writing, the association may consolidate into a single side of a page the candidate information sheets submitted by those candidates. The failure of an association to mail, transmit or personally deliver a copy of a timely delivered information sheet of each eligible candidate to the eligible voters shall require the association to mail, transmit, or deliver an amended second notice, which shall explain the need for the amended notice and include the information within the time required by this rule.  If an amended second notice cannot be timely mailed, transmitted or delivered, the association must re-notice and reschedule the election.  If the election has already been conducted, the association shall conduct a new election. No association shall edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate shall become part of the official records of the association.


* * *


Florida Administrative Code (F.A.C.)


61B-23.0021 Regular Elections; Vacancies Caused by Expiration of Term, Resignations, Death; Election Monitors.


(1)(a) Unless otherwise provided herein, the provisions of this rule apply to all regular and run-off elections conducted by a condominium association, regardless of any provision to the contrary contained in the declaration, articles of incorporation, or bylaws of the association.


(b) Except as otherwise provided by Rules 61B-23.0027 and 61B-23.0028, F.A.C., the provisions of this rule do not apply to vacancies created by the recall of a board member or members. The method of removing board members by recall and the procedures for filling such vacancies are set forth in Rules 61B-23.0026 through 61B-23.0028, F.A.C.


(c) In order to adopt different voting and election procedures in its bylaws pursuant to Section 718.112(2)(d), Florida Statutes, an association must obtain the affirmative vote of a majority of the total voting interests even if different amendatory procedures are contained in an association’s bylaws. Such vote must be taken on or after June 14, 1995. The phrase “different voting and election procedures” as used in this rule and as used in Section 718.112(2)(d), Florida Statutes, refers to procedures used only for the election of board members.


(d) Balloting is not necessary to fill any vacancy unless there are two or more eligible candidates for that vacancy. In such a case, not later than the date of the scheduled election:


1. For a regular election the association shall call and hold a meeting of the membership to announce the names of the new board members, or shall notify the unit owners of the names of the new board members or that one or more board positions remain unfilled, as appropriate under the circumstances. In the alternative, the announcement may be made at the annual meeting.


2. For an election pursuant to Section 718.112(2)(d)8., Florida Statutes, to fill a vacancy, the association shall call and hold a meeting of the membership to announce the names of the new board members or, in the alternative, shall notify the unit owners of the names of the new board members or that one or more board positions remain unfilled, as appropriate under the circumstances.


(2) A regular or general election for purposes of this rule shall be an election to fill a vacancy caused by expiration of a term in office. A regular or general election shall occur at the time and place at which the annual meeting is scheduled to occur, regardless of whether a quorum is present. Other elections as may be required shall occur in conjunction with duly called meetings of the unit owners, regardless of whether a quorum is attained for the meeting.


(3) A board of administration shall not create or appoint any committee for the purpose of nominating a candidate or candidates for election to the board. A board may create or appoint a search committee which shall not have the authority to nominate any candidate, but may encourage qualified persons to become candidates for the board.


(4) The first notice of the date of the election, which is required to be mailed, electronically transmitted, or delivered not less than 60 days before a scheduled election, must contain the name and correct mailing address of the association. Failure to follow the procedures for giving the first notice of the date of the election shall require the association to conduct a new election, if the election has been conducted.  Where the election has not occurred, the association shall mail, transmit, or deliver an amended first notice to the eligible voters, which shall explain the need for the amended notice, not less than 60 days before the scheduled election.  If an amended notice cannot be mailed, transmitted or delivered not less than 60 days before the election, then the association must re-notice and reschedule the election.


(5) A unit owner or other eligible person desiring to be a candidate for the board of administration shall give written notice to the association not less than 40 days before a scheduled election. Written notice shall be effective when received by the association. Written notice shall be accomplished in accordance with one or more of the following methods:


(a) By certified mail, return receipt requested, directed to the association; or


(b) By personal delivery to the association; or


(c) By regular U.S. mail, facsimile, telegram, or other method of delivery to the association.


(6) Upon receipt by the association of any timely submitted written notice by personal delivery that a unit owner or other eligible person desires to be a candidate for the board of administration, the association shall issue a written receipt acknowledging delivery of the written notice. Candidates who timely submit a written notice by mail may wish to send the written notice by certified mail in order to obtain a written receipt.


(7) Upon the timely request of a candidate as set forth in this paragraph, the association shall include, with the second notice of election described in subsection (8) below, a copy of an information sheet which may describe the candidate's background, education, and qualifications as well as other factors deemed relevant by the candidate. The information contained therein shall not exceed one side of the sheet which shall be no larger than 8 1/2 inches by 11 inches. Any candidate desiring the association to mail or personally deliver copies of an information sheet to the eligible voters must furnish the information sheet to the association not less than 35 days before the election. If two or more candidates consent in writing, the association may consolidate into a single side of a page the candidate information sheets submitted by those candidates. The failure of an association to mail, transmit or personally deliver a copy of a timely delivered information sheet of each eligible candidate to the eligible voters shall require the association to mail, transmit, or deliver an amended second notice, which shall explain the need for the amended notice and include the information within the time required by this rule.  If an amended second notice cannot be timely mailed, transmitted or delivered, the association must re-notice and reschedule the election.  If the election has already been conducted, the association shall conduct a new election. No association shall edit, alter, or otherwise modify the content of the information sheet. The original copy provided by the candidate shall become part of the official records of the association.


(8) In accordance with the requirements of Section 718.112(2)(d), Florida Statutes, the association shall mail or deliver to the eligible voters at the addresses listed in the official records a second notice of the election, together with a ballot and any information sheets timely submitted by the candidates. The association shall mail or deliver the second notice no less than 14 days and no more than 34 days prior to the election. The second notice and accompanying documents shall not contain any communication by the board that endorses, disapproves, or otherwise comments on any candidate. Accompanying the ballot shall be an outer envelope addressed to the person or entity authorized to receive the ballots and a smaller inner envelope in which the ballot shall be placed. The exterior of the outer envelope shall indicate the name of the voter, and the unit or unit numbers being voted, and shall contain a signature space for the voter. Once the ballot is filled out, the voter shall place the completed ballot in the inner smaller envelope and seal the envelope. The inner envelope shall be placed within the outer larger envelope, and the outer envelope shall then be sealed. Each inner envelope shall contain only one ballot, but if a person is entitled to cast more than one ballot, the separate inner envelopes required may be enclosed within a single outer envelope. The voter shall sign the exterior of the outer envelope in the space provided for such signature. The envelope shall either be mailed or hand delivered to the association. Upon receipt by the association, no ballot may be rescinded or changed.


(9) The written ballot shall indicate in alphabetical order by surname, each and every unit owner or other eligible person who desires to be a candidate for the board of administration and who gave written notice to the association not less than 40 days before a scheduled election, unless such person has, prior to the mailing of the ballot, withdrawn his candidacy in writing. The failure of the written ballot to indicate the name of each eligible person shall require the association to mail, transmit, or deliver an amended second notice, which shall explain the need for the amended notice and include a revised ballot with the names of all eligible persons within the time required by this rule.  If an amended second notice cannot be timely mailed, transmitted or delivered, then the association must re-notice and reschedule the election.  If the election has already been held, under these circumstances the association shall conduct a new election.  No ballot shall indicate which candidates are incumbents on the board. No write-in candidates shall be permitted. No ballot shall provide a space for the signature of or any other means of identifying a voter. Except where all voting interests in a condominium are not entitled to one whole vote (fractional voting), or where all voting interests are not entitled to vote for every candidate (class voting), all ballot forms utilized by a condominium association, whether those mailed to voters or those cast at a meeting, shall be uniform in color and appearance. In the case of fractional voting, all ballot forms utilized for each fractional vote shall be uniform in color and appearance. And in class voting situations, within each separate class of voting interests all ballot forms shall be uniform in color and appearance.


(10) Envelopes containing ballots received by the association shall be retained and collected by the association and shall not be opened except in the manner and at the time provided herein.


(a) Any envelopes containing ballots shall be collected by the association and shall be transported to the location of the duly called meeting of the unit owners. The association shall have available at the meeting additional blank ballots for distribution to the eligible voters who have not cast their votes. Each ballot distributed at the meeting shall be placed in an inner and outer envelope in the manner provided in subsection (8) of this rule. Each envelope and ballot shall be handled in the following manner. As the first order of business, ballots not yet cast shall be collected. The ballots and envelopes shall then be handled as stated below by an impartial committee as defined in paragraph (b) below appointed by the board. The business of the meeting may continue during this process. The signature and unit identification on the outer envelope shall be checked against a list of qualified voters, unless previously validated as provided in paragraph (b) below. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted. The voters shall be checked off on the list as having voted. Then, in the presence of any unit owners in attendance, and regardless of whether a quorum is present, all inner envelopes shall be first removed from the outer envelopes and shall be placed into a receptacle. Upon the commencement of the opening of the outer envelopes, the polls shall be closed, and no more ballots shall be accepted. The inner envelopes shall then be opened and the ballots shall be removed and counted in the presence of the unit owners. Any inner envelope containing more than one ballot shall be marked “Disregarded”, or with words of similar import, and any ballots contained therein shall not be counted. All envelopes and ballots, whether disregarded or not, shall be retained with the official records of the association.


(b) Any association desiring to verify outer envelope information in advance of the meeting may do so as provided herein. An impartial committee designated by the board may, at a meeting noticed in the manner required for the noticing of board meetings, which shall be open to all unit owners and which shall be held on the date of the election, proceed as follows. For purposes of this rule, “impartial” shall mean a committee whose members do not include any of the following or their spouses:


1. Current board members;


2. Officers; and


3. Candidates for the board.


At the committee meeting, the signature and unit identification on the outer envelope shall be checked against the list of qualified voters. The voters shall be checked off on the list as having voted. Any exterior envelope not signed by the eligible voter shall be marked “Disregarded” or with words of similar import, and any ballots contained therein shall not be counted.


(c) If two or more candidates for the same position receive the same number of votes, which would result in one or more candidates not serving or serving a lesser period of time, the association shall, unless otherwise provided in the bylaws, conduct a runoff election in accordance with the procedures set forth herein. Within 7 days of the date of the election at which the tie vote occurred, the board shall mail or personally deliver to the voters, a notice of a runoff election. The only candidates eligible for the runoff election to the board position are the runoff candidates who received the tie vote at the previous election. The notice shall inform the voters of the date scheduled for the runoff election to occur, shall include a ballot conforming to the requirements of this rule, and shall include copies of any candidate information sheets previously submitted by those candidates to the association. The runoff election must be held not less than 21 days, nor more than 30 days, after the date of the election at which the tie vote occurred.


(11) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write, may request the assistance of a member of the board of administration or other unit owner to assist in casting his vote. If the election is by voting machine, any such voter, before retiring to the voting booth, may have a member of the board of administration or other unit owner or representative, without suggestion or interference, identify the specific vacancy or vacancies and the candidates for each. If a voter requests the aid of any such individual, the two shall retire to the voting booth for the purpose of casting the vote according to the voter’s choice.


(12) At a minimum, all voting machines shall meet the following requirements:


(a) Shall secure to the voter secrecy in the act of voting;


(b) Shall permit the voter to vote for as many persons and offices as he is lawfully entitled to vote for, but no more;


(c) Shall correctly register or record, and accurately count all votes cast for any and all persons;


(d) Shall be furnished with an electric light or proper substitute, which will give sufficient light to enable voters to read the ballots; and


(e) Shall be provided with a screen, hood, or curtain which shall be made and adjusted so as to conceal the voter and his actions while voting.


(13) Notices of election, notices of candidacy for election, information sheets, voting envelopes, written approval of budgets, written agreements for recall of board members, ballots, sign-in sheets, voting proxies, and all other papers relating to voting by unit owners shall be maintained as part of the official records of the association for a period of 1 year from the date of the election, vote, or meeting to which the document relates.


(14) Election Monitors. As provided by Section 718.5012(9), Florida Statutes (2004), fifteen percent of the total voting interests entitled to vote at the annual meeting of unit owners for the election of directors, or the owners of six units entitled to vote at the annual meeting of unit owners for the election of directors, whichever number is greater, may petition the ombudsman for the appointment of an election monitor.  The procedures for filing a petition for the appointment of an election monitor are contained in


* * *






DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION


DIVISION OF FLORIDA CONDOMINIUMS, TIMESHARES, AND MOBILE HOMES






Condominium Association Candidate Certification Form*


I, ___________________________________, certify that I have read the (Insert Association Name) ______________________Condominium Association’s declaration of condominium, articles of incorporation, bylaws, and current written policies and will work to uphold such documents and policies to the best of my ability and that I will faithfully discharge my fiduciary responsibility to the association’s members.






Signed: _________________________________________(Signature of board member)






Date: _________________________






Submit to the association within 90 days after being elected or appointed to the board a form similar to this one attesting to the above or a director may submit a certificate of satisfactory completion of the educational curriculum administered by a division-approved condominium education provider.






*A board member certification form similar to this one or a certificate of satisfactory completion of a Division Approved Educational Curriculum is required by section 718.112(2)(d)3, of Chapter 718, Florida Statues.
 
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Researched by Randall Borchardt
Posted by Dave Israel

Thursday, October 14, 2010

Rikon Review: Cabaret at the Caldwell

THE CALDWELL THEATRE in Boca Raton has been embarking upon a number of exciting theatrical events since Clive Cholerton took over as Artiistic Director.

Here's one that many Century Villagers would like to see. From October 14 through October 24, there will be performances of the great Kander and Ebb musical, CABARET. Those who know the story know it takes place in Berlin during the 1930s, and the background concerns the rise of Nazism and the beginning of the end for Jews in Germany. The original production made a star of Joel Grey, who co-starred in the motion picture with Liza Minnelli. If you've seen only the movie and not the stage play, I assure you that the stage play is much better. The movie emphasized Liza's considerable attractions but minimized the growing anti-Semitism.

It's a short run for the production at the CALDWELL, and space has been rented out to a guest company whose work I've not yet seen. But one of the features of this production is that Holocaust survivors during the matinee performances of October 16, 17 and 23 are being invited to participate in discussions with cast and audiences following the show. All they have to do to be placed on the complimentary (no charge) list is to send an email to publicist Gary Schweikhart at gary@pr-bs.net. Prices are reduced for this presentation, and discounts are also available for Holocaust Survivor groups. For tickets and additional information telephone 877-245-7432 or 561-241-7432.

Thursday, October 7, 2010

UCO OPEN MEETINGS - DECEMBER 2010

OPEN MEETINGS NOV. 2010




Fri. Dec. 3..Delegate Assembly..Theater..9:30 PM


Tue. Dec. 14..Irrigation-Infra..UCO Conf..9:30 AM


Wed.Dec..15..Cable Training..UCO Conf. RM..9:15 AM


Fri.Dec. 17..Maintenance..Cancelled


Mon.Dec. 20..CERT..Art Room..3:00 PM


Wed.Dec.22..INS. Town Meeting..Theater ..9:30 AM


Wed. Dec 22.Homestead sign up.Room C.1:30-2:30 PM


Fri. .Dec. 24 ..UCO Office Closed

Tue. Dec 28..Operations..Room A..10:00 AM


Thu. Dec. 30..Officers..UCO Conf..10:00 AM


Fri..Dec. 31. 16..UCO Office closed

Dave Israel

Saturday, October 2, 2010

DELEGATE ASSEMBLY - OCTOBER 1, 2010



Hi all,
Thanks to the Channel 63 team for data conversion services, here is the Delegate Assembly video from October 1, 2010. New coding is in use which supports IPAD, IPHONE, FLASH and other devices, so now you can view the video on the go!

To go to full screen, click the little symbol to the left of the word "vimeo" at the lower right of the video screen.

Dave Israel
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Delegate Assembly - October 1, 2010 from David B Israel
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Friday, October 1, 2010

Thursday, September 30, 2010

Review by Irv Rikon - Sondheim at the Caldwell; Zero at the Maltz

TWO SPECIAL THEATER EVENTS AND THE REGULAR SEASON OPENER

Two "Special" theater events are taking place in our area that deserve attention:

For a very short run, actually just October 1 - 3, the CALDWELL THEATRE COMPANY in Boca Raton is presenting a concert staging of the Stephen Sondheim - James Goldman musical FOLLIES. This is the third in what has become a Sondheim retrospective. The theater began with SUNDAY IN THE PARK WITH GEORGE and followed with INTO THE WOODS. Both stagings proved such a hit with audiences that FOLLIES now takes its turn. The story is set in New York in the 1970s. A theater is about to be demolished. Before the wrecking ball does its work, cast members of the Weissmann Follies meet for a reunion. They share their past experiences and are not above a bit of dalliance tonight. This has always been one of Sondheim's most popular musicals. Since this is a reading, rather than a fully mounted show, prices are reduced. The cast, too numerous to name, is one you'll enjoy. For reservations and additional information, telephone 561-995-2327.

From October 14 - 17 and again from October 21 - 24 the MALTZ JUPITER THEATRE in Jupiter is offering ZERO HOUR. The man of the hour is Zero Mostel, the one actor I've seen in a half-century of theater-going that I thought was just inimitable. Now Jim Brochu, like Zero and me Brooklyn-born, has written a show about the magnetic star, and he's also appearing as the inimitable one. Zero Mostel, if you're unfamiliar with the name, was a Borscht Circuit fixture for some years prior to becoming an actor. He created the role of Tevye in FIDDLER ON THE ROOF and starred on stage and screen in A FUNNY THING HAPPENED ON THE WAY TO THE FORUM. He starred in Mel Brooks' 1968 movie THE PRODUCERS. He was a large man, tall and somewhat overweight, but he moved with the grace of a ballet dancer. And he could drive cast members nuts by ad-libbing lines not in their scripts. Then he appeared on a McCarthy-era blacklist and sustained a terrible leg injury when he was struck by a New York City bus. You'll find out more at the Maltz Theare. Mr. Brochu has numerous professional credits of his own; his Broadway debut was in Shakespeare's comedy THE TAMING OF THE SHREW. This holds promise of being a show really worth seeing. For reservations and additional information telephone 575-2223.

The regular theater season begins in West Palm Beach where PALM BEACH DRAMAWORKS plays host to George Bernard Shaw's CANDIDA. To quote the publicist, "In this brilliantly witty exploration of marriage by the Nobel Prize winning playwright, a beautiful Victorian woman finds herself caught in a romantic triangle between her pastor husband and a young poet." J. Barry Lewis directs. No less an authority than George Bernard Shaw once said that he was the best playwright since Shakespeare. And throughout his long life, many folks came close to agreeing with him. You can somewhat judge for yourself. The show runs October 8 - November 21. But there's more. As part of the theater's popular Master Playwright Series there will be a panel discussion, "George Bernard Shaw Overview," October 11 and 12. A play reading of MRS. WARREN'S PROFESSION will be given November 1 - 2. For tickets and additional information telephone 514-4042 or online www.palmbeachdramaworks.org.

Monday, September 20, 2010

PROPERTY APPRAISER - REAL ESTATE TAX PSA


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PALM BEACH COUNTY PROPERTY APPRAISER - PSA
Posted by:  David B Israel
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Thanks to the Channel 63 team for data conversion
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Friday, September 17, 2010

CLUBHOUSE MOVIES - NOVEMBER 2010





Left click on image to enlarge and print
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Dave Israel
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Thursday, September 16, 2010

UCO October Meetings

SCHEDULED MEETINGS




FRI...... OCTOBER 1..... DELEGATES .....THEATER..... 9:30 AM

                                          EDITORIAL..... .UCO OFFICE..... 1 PM

                                          SECURITY....... .UCO OFFICE..... 2 PM

THU..... OCTOBER 7.... COM. RELATIONS.. CARD ROOM B... 10 AM

FRI....... OCTOBER 8.... MAINTENANCE..... CARD ROOM B.... 10 AM

TUES... OCTOBER 12.. IRRIGATION...... UCO OFFICE....... 9:30 AM

TUES... OCTOBER 26.. OPERATIONS.... UCO OFFICE...... 10 AM

WED.... OCTOBER 27.. HOMESTEAD.... ROOM C...1:30 PM

THUR.. OCTOBER 28.. OFFICERS.......... UCO OFFICE.... 10 AM

                                         CONDO FINANCES.. ROOM C.... 10 AM

                          CENTENARIAN LUNCHEON...PARTY ROOM...1 PM

MON... NOVEMBER 1..EXECUTIVE BOARD...ROOM B...1:30 PM

FRI...... NOVEMBER 5..DELEGATES...THEATER.... 9:30 AM

                                          EDITORIAL....UCO OFFICE....1 PM

                                          SECURITY......UCO OFFICE.....2 PM
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Saturday, September 4, 2010

DELEGATE ASSEMBLY - SEPTEMBER 03, 2010


DELEGATE ASSEMBLY - SEPTEMBER 03, 2010 - David B Israel

Thanks to the Channel 63 team for Video processing.
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Wednesday, August 25, 2010

Tuesday, August 17, 2010

Review by Irv Rikon: The Comfort of Darkness at the Caldwell Theatre

Vienna, Austria, 1777. We meet Dr. Anton Mesmer as he attempts with his newly developed technique of "Animal Magnetism" to restore the sight of Maria-Theresa von Paradis, blind from the time she was three years old. From that flows the plot of Joel Gross' play, The Comfort of Darkness, being given its World Premiere production at THE CALDWELL THEATRE in Boca Raton.

The word "mesmerize" derives from Dr. Mesmer. Defined by my dictionary as "hypnotize" or "enthrall," in Mr. Gross' drama, the doctor does both. He hypnotizes the beautiful concert pianist, his patient, and she sees. She becomes so enthralled that she falls in loves with him, and he with her. But Dr. Mesmer has two big problems: His medical technique is controversial and unaccepted by the establishment of his day. His romantic technique is also controversial, for it has greater success. The doctor, it seems, is something of a womanizer.

The playwright follows these two paths somewhat unevenly. The professional aspect of Mesmer's life is emphasized in Act One. The consequences of his love life become the main subject of Act Two. Hypnotism and affecting a cure for a medical condition by that means are interesting and unusual theater subjects. The love affair is more conventional and unfortunately ultimately dominates the work. Also, a viewer at first likes the doctor for his bold theories but grows rather more to dislike him as the play moves along. Maria-Theresa is probably just as complicated a character as he; she is a professional pianist, a contemporary of Mozart, who is soon to perform in public. But Mesmer alternately blindfolds her and removes the blindfold -- She finds comfort in "The power of darkness" -- and we don't really know what motivates her to perform. Isn't she "driven" to do her thing the same way as Mesmer is driven to do his? Surely, there's much more substance to her being than the playwright reveals.

Onstage, we don't see Mesmer hypnotizing. We do see him waving his arms (animal magnetism) at her head prior to removing the blindfold. I think that the production misses something in not showing the act of hypnotizing, which certainly must have startled 18th-century people. Even today, if you've ever watched hypnotists at work, somehow putting people to sleep or in a dreamlike state and following his commands as he might give them, it's a fascinating sight. The drama of that is lost here. As part of my personal background, I was an eye doctor and happily helped people to gain better vision. But if vision is really poor and then suddenly corrected, the patient is thoroughly startled: a whole new experience is opening up for the individual. Some are very pleased by the change. Some are terribly, terribly fearful: The world of the imagination was safer than the real world. Again, that sense of challenge and Maria-Theresa's reaction to it is so understated as to be almost non-existent.

This is a good play about an interesting time and some of the people in it. But I'm positive it will be somewhat revised and improved, and my sneaking suspicion is it will make an even better shot-on-location movie. The four-person cast is sound. Stevie Ray Dallimore as Dr. Mesmer is believable. Kenneth Kay as Dr. Otto von Stoerk, Mesmer's close friend but also his severest critic, is ideal. Jessalyn Maguire as Maria-Theresa is effective, but alas for her, the role does not allow her to rise to dramatic heights. That largely holds true for Jane Courtney's Franzi, a rival love for Dr. Mesmer's affections.

Tim Bennett's set design is impeccable as always. The costumes designed by Alberto Arroyo are models of their kind. They should be award-winning. Clive Cholerton's direction is well constructed.

As noted, the production closes September 5. For tickets and additional information, telephone 877-245-7432 or online at www.caldwelltheatre.com).

Monday, August 16, 2010

Ask - Before Purchasing a Condo

10 Questions You Must Ask Before Purchasing a Condominium Unit

To borrow from a famous phrase, not all condominiums are created equally. Some condominiums are very well run; some are quite poorly run and underfunded. Buyers interested in purchasing a condominium unit must do their homework: not only about the condition of the individual unit they are interested in purchasing, but on the financial health and governance of the condominium as a whole. Remember, you are buying into the entire project as much as you are the unit, and your decision will impact your daily living and your ability to re-sell.
Here are the 10 questions buyers should ask when deciding to purchase a condominium unit:
1. What is the monthly condominium fee and what does it pay for? The monthly condominium fee can range quite dramatically from condominium to condominium. The fee is a by-product of the number of units, the annual expenses to maintain the common area, whether the condo is professionally managed or self-managed, the age and condition of the project, and other variables such as litigation. For budgeting and financing you need to know the monthly fee and exactly what you are getting for it.
2. What are the condominium rules & regulations? Condominium rules can prohibit pets, your ability to rent out the unit, and perform renovations. Make sure you carefully review the rules and regulations before buying. Needless to say, the buyer's attorney should review and approval all condominium documents, including the master deed, declaration of trust/by-laws, covenants, unit deed and floor plans to ensure compliance with state condominium laws as well as Fannie Mae and FHA guidelines, as necessary.
3. How much money is in the capital reserve account and how much is funded annually? The capital reserve fund is like an insurance policy for the inevitable capital repairs every building requires. As a general rule, the fund should contain at least 10% of the annual revenue budget, and in the case of older projects, even more. If the capital reserve account is poorly funded, there is a higher risk of a special assessment. Get a copy of the last 2 years budget, the current reserve account funding level and any capital reserve study.
4. Are there any contemplated or pending special assessments? Special assessments are one time fees for capital improvements payable by every unit owner. You need to be aware if you are buying a special assessment along with your unit. It's a good idea to ask for the last 2 years of condominium meeting minutes to check what's been going on with the condominium.
5. Is there a professional management company or is the association self-managed? A professional management company, while an added cost, can add great value to a condominium with well run governance and management of common areas.
6. Is the condominium involved in any pending legal actions? Legal disputes between owners, with developers or with the association can signal trouble and a poorly run organization. Legal action equals attorneys’ fees which are payable out of the condominium budget and could result in a special assessment. In most states, you can run a search of the condominium association in the court database to check if they've been involved in recent lawsuits.
7. How many units are owner occupied? A large percentage of renters can create unwanted noise and neighbor issues. It can also raise re-sale and financing issues with the new Fannie Mae and FHA condominium regulations which limit owner-occupancy rates. If your buyer is using conventional financing, check if it is a Fannie Mae approved condo. If FHA financing, check if it's an FHA approved condo. (Thanks Lou Corcoran for the links)
8. What is the condominium fee delinquency rate? Again, a signal of financial trouble, and Fannie Mae and FHA want to see the rate at 15% or less.
9. Do unit owners have exclusive easements or right to use certain common areas such as porches, decks, storage spaces and parking spaces? Condominiums differ as to how they structure the “ownership” of certain amenities such as roof decks, porches, storage spaces and parking spaces. Sometimes, they are truly “deeded” with the unit, so the unit owner has sole responsibility for maintenance and repairs. Sometimes, they are common areas in which the unit owner has the exclusive right to use, but the maintenance and repair is left with the association. Review the Master Deed and Unit Deed on this one.
10. What Does The Master Insurance Policy Cover? The condominium should have up to $1M or more in coverage under their master condominium policy. For buyer's own protection, they should always buy an individual policy covering the interior and contents of the unit, because the master policy and condo by-laws may not cover all damage to their personal possessions and interior damage in case of a roof leak, water pipe burst or other problem arising from a common area element. Ask for a copy of the master insurance policy and don't forget to check the fine print of the by-laws. Sometimes, there's language that would hurt a unit owner in case of a common area casualty.
Often a standard condominium questionnaire will answer all or most of these questions. If not, be prepared to generate this list and incorporate it into your Offer to Purchase or Purchase and Sale Agreement, as the case may be in your home state.
Either way, do not put earnest money down until satisfactory answers are received. Good luck and happy condo hunting to you!
by Rich Vetstein 3/27/2010 · Condominium Law, Vetstein Law

Thursday, August 12, 2010

Wednesday, August 11, 2010

MOVIES OCTOBER 2010 - CLUBHOUSE

OCTOBER 2010 MOVIES AT THE CLUBHOUSE

OCTOBER MOVIES


10/03 Sun 1:45PM VALENTINES DAY – Jessica Alba, Kathy Bates, Patrick Dempsey, Jamie Foxx
PG-13 125 Min

A love story, more or less. Intertwining couples and singles in Los Angeles break-up and make-up based on the pressures and expectations of Valentine's Day.

(continued from last month)

10/04 Mon 6:45PM TEMPLE GRANDIN – Claire Danes. Catherine O’Hara
10/05 Tue 1:45PM PG 108 Min

10/07 Thu 6:45PM What made her different made her exceptional. A biopic of Temple Grandin, 10/10 Sun 1:45PM an autistic woman who has become one of top scientists in humane livestock 10/11 Mon 6:45PM handling.


10/12 Tue 1:45PM CELINE: THROUGH THE EYES OF THE WORLD – Céline Dion, René Angelil, René-Charles

10/14 Thu 6:45PM PG 120 Min

10/17 Sun 1:45PM Go beyond the music. A documentary on Céline Dion's 2008-2009 Taking Chances

10/18 Mon 6:45PM world tour. This event gives Dion fans who attended the extremely popular tour – which

10/19 Tue 1:45PM placed Dion second only to Madonna in ticket sales in 2008 - another chance to experience

the magical event, this time from a vantage point unparalleled by any ticket.


10/21 Thu 6:45PM THE LAST SONG – Miley Cyrus, Greg Kinnear

10/24 Sun 1:45PM PG 107 Min

10/25 Mon 6:45PM Do you ever really forget your first heartbreak? A drama centered on a rebellious girl who

10/26 Tue 1:45PM is sent to a Southern beach town for the summer to stay with her father. Through their

10/28 Thu 6:45PM mutual love of music, the estranged duo learn to reconnect.


10/31 Sun 1:45PM KILLERS – Ashton Kutcher, Katherine Heigl, Tom Selleck
PG-13 93 Min

One day is enough for you! A vacationing woman meets her ideal man, leading to a swift marriage. Back at home, however, their idyllic life is upset when they discover their

neighbors could be assassins who have been contracted to kill the couple.

(continued next month)

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