FLNA Winter 2013

WINTER 2013

Leonard F. BaerBeing An Heir

Sail To Where The Odyssey EndsGreece

Kathryn BloeserAlarm Systems

AnnuAl elections

by rAndAll k. roger

A MESSAGE FROM THE PRESIDENT

|FLNA Magazine| Winter 2013 3

A new year is starting. The 2012 Board of Directors has finished its tenure. Some will stay on, but it is time for the 2013 Board to begin to shoulder its responsibilities. First, there must be an election and, if there is one thing we know in Florida, conducting an election is no easy task. Randall K. Roger has put together some good advice on how to assure you do your election right.

Last issue we talked about flooding and the role of the lakes in our communities and, as promised, this issue will focus on maintaining and improving lake water quality. The best so-lution is a cooperative effort by the Board, the

management company if you have one, and the individual residents. David Swift has compiled a 12 step checklist you can use to make it happen.

Our team of experts has put together some interesting information for you to consider on such topics as health insurance, workers compensation, security, ac-counting and estate planning. And after the vote, escape from your every day wor-ries. Join Tony Consalvi on a journey to ancient Greece where he learned the real meaning of the term “Odyssey” and then sample some Greek food with Chris Papas.

We would like to wish all of you a Happy and Successful New Year.FLNA and FLNA Magazine are dedicated to creating the means for an open dia-

logue and a learning experience for all the Associations and Individuals who partici-pate and encourage you to communicate with us and our fellow readers. Send Let-ters to our Editor at [email protected] or just drop me a line at [email protected]. Drop Tony a note on places you find interesting at [email protected]. You can also visit us on our website at www.FLNA.org and learn more about the ac-tivities and services we offer. You can also call us or write to us at the phone number and address listed on this page.

Become part of FLNA and participate in our activities.


PublIshER & PREsIdENTJoseph boyle

dIREcToR, MEMbER RElaTIoNsJ. andrew boyle

FEaTuREs EdIToRTony consalvi

A New Year – Another Florida Election

WINTER 2013FLNA Magazine is published by the Florida League of Neighborhood Associations, Inc.

FlNa Magazine157 Monterey Way • Royal Palm Beach, FL 33411

Phone (561 758-1618 • Fax (561) 258-0689 • www.FLNA.org

PhoTogRaPhERJim bongiovanni

brigitte boyle

gRaPhIc dEsIgNVictor howard

suzanne summastephanie Rodriguez

FLNA Magazine is published six times a year, Copyright 2012, all rights reserved by Florida League of Neighborhood Associations Inc. Contents may not be reproduced in any form without the written consent of the publisher. The publisher reserves the right to refuse advertising. The publisher accepts no responsibility for advertisement errors beyond the cost of the portion of the advertisement occupied by the error within the advertisement itself. The publisher accepts no responsibility for submitted materials. All submitted materials are subject to editing.

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On THE cOvEr - Royal Palm Beach Village Hall and Retention Lake.


4 Winter 2013 |FLNA Magazine|

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contents

Preparing For Your Annual Electionby Randall K. Roger, Esq.

Improving Lake Water Qualityby David R. Swift

Journey to Where The Odyssey Endsby Tony Consalvi

WInTEr 2013

Features

ColumnsLegislative Priorities for 2013by Patti Lynn

Estate Responsibilitiesby Leonard F. Baer

Buying a Home Alarm Systemby Kathryn Bloeser

Section 125 Benefitsby Keith Jordano

Workers Compensation Issuesby Barry Scarr

Greek Cuisineby Chris Papas

Index of Advertisers

19

23

24

29

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13

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Photo credits

Cover: Village of Royal Palm BeachJ. Bongiovanni: 13 - 15, 30 - 31B. Boyle: 26 - 29

9

13

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THE HOA ATTORNEY

by Randall K. Roger, Esq.

Preparing ForYour

annual Election

As your association enters the new election cycle for the tail end of

2012 and the commencement of 2013, it is a good time to re-visit the manner in which the election materials are to be prepared for a community associa-tion. The procedures which govern the election process are identified under Section 720.306, Florida Statutes for homeowners association and 718.112, F.S. for condominium associations. The process for preparing the annual election materials under the home-owner association statute as compared to the condominium association stat-ute significantly differ and, in both, the detail as to the manner in which the process is to unfold is found within the respective Statutes and within the as-sociation’s particular governing docu-ments. Adherence to the respective Statutes and the association’s particu-lar by-laws is critical to a fair, demo-cratic election and one which will be free from challenge.

Chapter 720.306, F.S. requires the election to be conducted using ballots for members in attendance and prox-ies for owners voting in absentia. For those homeowner associations which require voting by secret ballot, Florida Statutes also permits a homeowner association election to be conducted in such manner. Pursuant to Section 720.306, F.S., governing the home-owners association election process, the meeting of the membership is no-ticed not less than 14 days in advance, unless the association’s by-laws call for a different period of time. With the advance notice of the meeting, the members are generally provided with a proxy, affording the members who are unable to attend the annual meeting the means by which to secure the quo-rum as well as to vote on all matters to be addressed at the Annual Meeting. However, as Florida Statute calls for nominations to be taken from the floor on the night of the election, an absent

Randall K. Roger is the man-aging partner of Randall K. Roger & Associates, P.A., a firm servicing community associations throughout Southeast Florida.

owner voting by proxy would have limited or no knowledge as to the ad-ditional candidates interested in serv-ing on the Board.

Some homeowners associations solicit candidates interested in serving on the Board to submit their names in advance, placing the names of these candidates on the proxy, rendering the proxy a limited proxy. Appreci-ate, however, if the by-laws for the association make no provision for the placement of advance nominees, an argument exists that candidates which are nominated at the annual meeting will be disenfranchised, possibly pro-viding a claim to challenge the elec-tion process as a consequence of the divergence from the specific direction provided under the Association’s by-laws.

Additional scrutiny of the asso-ciation’s by-laws is necessary for both the homeowner and condominium associations to make certain the


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This commentary is provided to offer general information and a general under-standing of the law and is not intended to convey any specific legal advice. No attor-ney-client relationship is existent as a conse-quence of the aforestated, and the use of such commentary is not intended as a substitute for competent legal advice from a licensed pro-fessional attorney familiar with the issues pre-sented. It is necessary that you consult with a licensed attorney in the State of Florida before taking any further action related to se-curity issues as above described.

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association is collecting the ballots from the party entitled to represent the in-terests of the unit. Many associations call for the use of a voting certificate, an instrument which identifies from among several owners of a unit (or a unit owed by a corporation or other entity), often including a husband and wife, which of the title holders has the authority to vote for the residence. Al-lowing a party other than that which is identified on the voting certificate to cast the vote for a residence may be basis for challenging an election.

The condominium association Statute is far more specific as to the manner in which the election is to be conducted. Section 718.112, F.S., as well as the Florida Administrative Code, establish the procedure and process, from which no divergence is permitted. The initial meeting is to be noticed not less than 60 days be-fore the meeting itself. Anyone inter-ested in running for the Board must submit their notice to run for the Board at least forty (40) days prior to the annual meeting date, after which no additional candidates may be ac-cepted. Thereafter, the Association must prepare the ballot amongst the names submitted, placing the names in alphabetical order and making no notation as to incumbent candidates. The second notice of the annual meet-ing and the ballots are then mailed to the Membership, along with two (2) envelopes, at least fourteen (14) days before the annual meeting. The first, a smaller envelope should enclose the ballot when completed, which smaller envelopes should be placed into a larg-er envelope. The larger envelope shall be used to deliver the ballot package to the Association and is to contain the signature of the authorized voting representative of the unit and the unit number.

As above indicated, qualified candidates interested in serving on the Board must provide notice to the Board of their interest in running for the Board (to be delivered at least 40 days prior to the annual meeting). At such time as the Board receives the candidate’s Notice of Intent, the Board should review same to confirm that the candidate meets the required cri-teria as found under both the associa-tion’s governing documents as well as Florida Statutes. For example, certain associations require membership in the Association to serve on the Board. In all instances, the candidate cannot be more than 90 days in arrears in the payment of any financial obligation to the association, must not have been convicted of a felony in Florida or any state or US territory for a crime which would be the equivalent of a felony in Florida, for which event the voting rights of the candidate have not been restored for the last five years.

In preparing properly for the annu-al meeting and the election, the Board can avoid pitfalls, issues and prob-lems which would otherwise lead to a troubled and potentially challengeable election. In order to ensure that the As-sociation is properly conducting their election, the Board should carefully review the Association’s governing documents and consult with the Asso-ciation’s attorney.


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In our last issue we discussed how stormwater detention lakes in Florida

play a key role in protecting your home against flooding. Members of your As-sociation may not be aware that the nicely landscaped lakes in their devel-opment are actually stormwater deten-tion facilities that serve two important functions, (1) to temporarily store wa-ter that would otherwise cause flooding in their neighborhood, and (2) to trap and remove pollutants from stormwa-ter runoff before it flows downstream into a natural lake, river or estuary, and that the Associations are typically the party legally responsible for maintain-ing them.

A stormwater detention lake or pond is defined as a constructed basin within your development that maintains a permanent pool of water through-out most of the year. These lakes treat stormwater runoff from your develop-ment’s roads, lawns and landscaped ar-eas by allowing particles to settle to the bottom of the lake; while algae, bacte-ria and other rooted aquatic plants take up nutrients. Since the 1980s, stormwa-ter detention ponds have been required by law to be included in new housing developments.

It is important for Association members to understand that a stormwa-ter detention lake is (1) specifically de-

signed to trap, transform and store pol-lutants before water is discharged from your development to a natural lake or river and (b) will never be a pristine lake for swimming or other water con-tact sports.

The Association’s lake system is an integral part of the community and proper maintenance is a cooperative effort of the Association’s Board and its individual members. The following twelve recommendations, although not all-inclusive, will help your community maintain and improve the water quality in your lakes to the benefit of all your members.

1. Use Slow Release, Low Phosphorus Fertilizer. Most people do not make the connection between lawn maintenance practices on their property and water quality impacts to their stormwater detention lake. Highly fertilized lawns and associated runoff containing high levels of phosphorus are largely respon-sible for algal blooms and associated poor water quality in Florida lakes. The Florida Department of Environmental Protection (FDEP) recommends the use of slow release, low phosphorus fertil-izers. Consult an agronomist on which brand of low phosphorus fertilizer to use and how often to apply. Consider having your soil checked by your local

storm Water drainage systems

PART 2Twelve Ways to Improve Lake Water Quality

Cooperative Extension Service to find out what your lawn actually needs and communicate this information to your homeowners.

2. Fertilizer-Friendly Use Ordinance. If your Association is located within a watershed that has been listed as “im-paired” by nutrients by the FDEP, your municipality may have already adopted Florida’s Fertilizer-Friendly Use Ordi-nance” (F.S. 2011 & 403.9337) which addresses the timing of fertilizer ap-plications, identification of fertilizer-free zones, fertilizer content, applica-tion rates and practices, management of grass clippings, and other important information. Check the internet (www. Municode.com) or contact your mu-nicipality to see if it has adopted this ordinance.

3. Educate Your Residents: If algae blooms are the primary cause of turbid-ity within your stormwater detention

FEATURE

David R. Swift is an environmen-tal scientist/project manager recently retired from the South Florida Water Management District (34 years). Mr. Swift is a former Vice-Mayor and Councilman for the Village of Royal Palm Beach, FL and has served on various water management technical committees and boards. He is a native of Michigan and has lived in Florida for the past 40 years.

by David R. Swift


The role of Phosphorus in Lakes

Phosphorus is a macronutrient essential for the growth and de-

velopment of aquatic plants, which include phytoplankton (floating microscopic algae), filamentous at-tached algae and rooted aquatic veg-etation. Phosphorus occurs naturally in our environment from such sourc-es as rainfall, sedimentary rock, soil, fire, decaying vegetation, and groundwater. Chemically there are several forms of phosphorus present in the environment; however ortho-phosphate is the primary form uti-lized by algae, bacteria and aquatic plants. In uncontaminated natural waters, orthophosphate typically oc-curs at levels less than 20 parts per million.

Increased levels of orthophos-phate (over-fertilization) in a fresh-water lake or river is often the prima-ry cause of unsightly algal blooms and nuisance forms of filamentous algae and associated low dissolved oxygen levels which impact fish and wildlife.

Phosphorus is typically the nutrient in limited supply in most freshwater lakes (there are excep-tions). Therefore, the primary strat-egy for controlling algal blooms and associated poor water quality in your lake is to reduce the amount of phos-phorus that enters your stormwater drainage system. In human terms you could think of it as putting your lake on a diet. You may have heard the expression “You are what you eat”, meaning your health will suffer if you eat too much sugar and fat. In ecological terms your lake may be suffering from too much phosphorus and nitrogen (over-fertilization).

lake, then management of fertilizers (phosphorus and nitrogen) on your property would be your most cost-effective “best management practice.” When implementing your program, be proactive. Gather information from your local cooperative extension of-fice, water management district or uni-versity and provide it directly to your homeowners.

4. Fertilizer-free Buffer Zones. To re-duce nutrient inputs into your system, work with lakefront homeowners to establish fertilizer-free buffer areas around the edge of your lake (15-30 feet wide) where no fertilizers or pes-ticides can be applied; to reduce nutri-ent runoff, instruct yard maintenance workers as well as homeowners to not apply fertilizer closer than a few feet away from any paved surface.

5. Grass Clippings: Since grass clip-pings and yard waste are sources of nitrogen and phosphorus that impact lake water quality, restrict residents and maintenance workers from disposing them into your stormwater drains or lake.

6. Erosion: Erosion control should be a top priority. Work with homeown-ers and landscape maintenance staff to identify and fix erosion problems, in-cluding stabilizing bare soils along lake banks.

7. Littoral Zone: A littoral zone is de-fined as the shallow, near shore area of a lake where sunlight penetrates to the bottom allowing the growth of rooted aquatic plants. Vegetation in the littoral zone provides substrate for the attach-ment of decomposer microorganisms


References

Stormwater Ponds: A Citizens Guide to their Purpose and Manage-ment, USDA, Sarasota Bay National Estuary, Sarasota Soil and Water Conservation District, 113 pages.

Waterfront Property Owners Guide, Eric Livingston, Florida De-partment of Environmental Protec-tion, Tallahassee, Fl., 40 pages.

Stormwater Management: A Guide for Floridians. Florida Department of Environmental Regulation, Talla-hassee, Fl., 72 pages.

Florida-Friendly Landscaping™ Program, University of Florida De-partment of Environmental Horticul-ture, Gainesville, Florida.

Adopt-A Pond Notebook, Hills-borough County and The Southwest Florida Water Management District, Tampa, Florida.

that absorb nutrients and dissolve or-ganic matter – much like a filter in a water sewage plant. A littoral zone also prevents re-suspension of lake sedi-ments; reduces turbidity and provides wildlife habitat for fish, invertebrates, turtles, wading birds and migratory wa-terfowl.

Littoral zones provide free ecologi-cal services that play a critical role in maintaining water quality. Unfortu-nately, some Associations instruct their aquatic weed contractor to remove all aquatic vegetation around the edge of their lake and allow homeowners to have turf grass extend down to the wa-ter’s edge. Lakes managed in this man-ner receive excess phosphorus and ni-trogen from lawn fertilizers, pet waste, leaves, grass clippings, and other debris that drain directly into the lake resulting in long-term algae blooms and overall poor water quality. Consider working with your aquatic weed contractor and homeowners to establish a healthy lit-toral zone in your lake by planting ben-eficial aquatic plants (e.g., arrow head, bulrush or needle rush).

8. Washing Vehicles. Washing vehicles on the lawn (if Association rules allow) or any other porous surface keeps ex-cess detergents, associated nutrients and other chemicals out of your storm-water detention pond while actually feeding your lawn.

9. Hazardous Waste. The proper dispo-sition of hazardous materials is manda-tory. Oils, insecticide, paints, thinners, old gasoline, motor oil or other hazard-ous material should never be poured down your storm drain. Consider ob-taining a storm drain marking kit (plas-tic or metal markers) to place a pollu-tion prevention message on all of your storm drains.

10. Pet Waste. Require residents to clean up their pet waste.

11. Aeration. Consult a qualified en-gineer or water quality expert to see if aeration of your stormwater lake will help correct certain types of blue-green algal blooms that impact your lake. Aeration helps to disperse these blooms and increase the oxygen supply for ben-eficial bacteria to take up nutrients.

12. Develop a Maintenance Plan and Work Schedule. Work with a qualified stormwater engineer to develop a long-term maintenance plan for the drainage basin that delivers water to your lake. Since stormwater detention lakes are specifically designed to retain solids, over time the accumulated sediment at the bottom of your lake will have to be removed to improve treatment efficien-cy (about once every 10-25 years). This is a costly process that must be budgeted and planned for in advance.


It has been a very busy 2012 for lo-cal chiropractor Scott Snyder. Dr.

Snyder recently earned his Black Belt certification in Shaolin Kempo Ka-rate from Villari’s Academy in Royal Palm Beach and in July his new book, “Black Belt Chiropractic” was re-leased. As a result of the notoriety the book and Snyder received, he was in-

terviewed on several local radio stations. That turned out so well that Dr. Snyder was invited to start his own radio pro-gram entitled “Black Belt Health” which has now been running for over three months on Tuesday mornings on local station WBZT (1230 AM).

Being in business for over 25 years, one would think that Snyder would be ready to settle down. In actuality, he tells us that he sees anything but slow-ing down in his future and that “First and foremost is my commitment to my patients, providing them with First Class care and service, Second is to help im-prove the overall health of my commu-nity.”

The Snyder Chiropractic Office boasts Digital X Rays and the latest in

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“BLACK BELT CHIROPRACTOR”physical therapy modalities. Most im-portantly, Snyder states that the office has “the best staff in town” because “We all really care about our patients.”

By producing the weekly show and making frequent lecture appear-ances in the area, Snyder is help-ing to “raise the bar”, by educating people about what true health and wellness is about and how to achieve their own health goals. Like Snyder says so often in his radio show, “You might not necessarily wish to become a Black Belt, but having some tools and knowledge will help you make it through a relatively unhealthy world!”

Dr. Snyder is the Past President of the Palm Beach County Chiropractic Society. His offices are in Royal Palm Beach. See his ad on P. 12

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When the Broward Coalition asked its membership what

were the most important items that they would want the legislature to tackle in its next session, these two issues rose to the top of the list.

Speed Up Foreclosures

Lenders have been notorious for dragging their feet on assuming respon-sibility for their properties. As a result, associations have been expending funds to maintain the property so as to protect the balance of the association. . Those cash outlays are in addition to the un-collected and uncollectable monthly or quarterly assessments used to maintain services to the remaining residents. Our members told us they wanted, and need, legislation that defines the time allowable for lenders to “ignore” their accountability to the organization that is keeping the exterior of their proper-ties in acceptable condition. Without any definitive time limits, lenders have

GUEST COMMENTARY

legislative Priorities for 2013

speed up Foreclosures

don’t Punish associations for Taking Title

no incentive to maintain their aban-doned assets.

Don’t Punish Associations for Taking Title

“Safe harbor, six months or one year’s worth of assessments, 1% of the original mortgage amount” are some examples of how lenders, and their lob-byists, have hobbled associations. Their legal excuse, “Well, we don’t own the property,” has enabled them to remit a paltry sum to repay the associations for being diligent in their protection of those properties. Now, the lenders are going even farther, they are telling as-sociations, “Hey, you took title to the property. You’re the ones who owe all those late fees, assessments, and attor-neys’ fees. We’re not going to pay those bills.”

How outrageous! Some lenders hire a maintenance

company to mow the lawns and trim the bushes. How much easier would it

be to contact the homeowners’ associa-tions and find out what they are already providing? How much could lenders save by inquiring as to what services are automatically being completed by the associations, and paying the month-ly assessment??? That would be a win-win for the lenders and the associations. That’s communicating.

Our Mission

Accomplishing just these two items would be a major legislative triumph. If we do not try, we are guaranteed to fail. Each of us, as an association member or board member, has a mission - to band together and request that our state legis-lators support us, remembering that we are paying out of each of our pockets, while the banks, mortgage companies, and other lenders are not.

United we stand.

The opinions contained in this article are solely those of the author.

by Patti Lynn

Patti Lynn is a long-time advo-cate for Neighborhood Association interests and currently serves as the President of The Broward Coalition.



As you are dealing with the emo-tional loss, while also wrapping

up your loved one’s affairs and clos-ing the estate, the last thing you need to worry about is whether you will be responsible for the debts your parents leave behind. Many people have the misconception that they are responsible for paying their parent’s debts, particu-larly when the parent dies with out-standing bills. Generally, heirs are not responsible for their parents’ outstand-ing bills. Any outstanding debt their parents have upon their passing will go against their estate. Creditors can go af-ter the assets within the estate in an ef-fort to satisfy the debt, but they cannot come after the heirs personally. Never-theless, assets within the estate, includ-ing the home, may have to be sold to cover the decedent’s debts or to provide for the living expenses of a surviving spouse or other dependents. If there is a positive net worth, the heirs will get an inheritance; if there is a negative net worth, the heirs will get nothing.

Heirs are not responsible for a de-cedent’s unsecured debts, such as credit cards, medical bills or personal loans, and many of these go unpaid or are settled for pennies on the dollar. Un-

IT’S THE LAW

are You Now Responsible for Your Parents debts?

fortunately, many aggressive collection agencies continue to pursue collection even after death, often implying that the heirs are ultimately responsible to re-pay their loved one’s debts or that they are morally obligated to do so. Both of these assertions are entirely untrue.

Unsecured debts which were solely held by the deceased parent do not re-quire heirs to reach into their own pock-et to satisfy the outstanding obligation. However, there are some circumstances in which they may share liability for an unsecured debt, and therefore are fully responsible for future payments. For example, if they co-signed on a loan with the decedent or were a joint ac-count holder, they will bear ultimate financial responsibility for the debt.

Secured debts, on the other hand, must be repaid or the lender can repos-sess the underlying asset. Common se-cured debts include home mortgages and vehicle loans. If the parents had any equity in their house or car, the heirs should consider doing whatever is necessary to keep the payments cur-rent so the equity is preserved until the property can be sold or transferred. This must be weighed within the context of the overall estate.

Executors and estate administra-tors have a duty to locate and inven-tory all the decedent’s assets and debts and must notify creditors and financial institutions of the death. Heirs should avoid making the mistake of automati-cally paying off all their loved one’s bills right away. Rushing to pay off debts without a clear picture of the parents’ overall financial situation can run the risk of coming up short on cash within the estate to cover higher pri-ority bills, such as medical expenses, funeral costs or legal fees required to settle the estate.

Be Educated! Be Proactive!

by Leonard F. Baer

Leonard Baer is licensed in the states of Florida, North Carolina, Georgia, New York, and the District of Columbia. He has been selected for inclusion in the Bar Register of Preeminent Lawyers & is a North Carolina Certified Superior Court Mediator. His office is located in Wellington, FL. & Highlands, NC.

Visit him on the web at www.legalbaer.com


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ThINgs TocoNsIdERKathryn Bloeser is a Deputy

Sheriff assigned to the Alarm En-forcement Unit of the Palm Beach County Sheriff’s Office.

• When your alarm activates, the alarm will “seize” your telephone line and dial the alarm monitoring station. During this time your telephone will be inoperable. • The monitoring company will then call your premise to verify if the alarm is false or legitimate.• If False, they must immediately notify the local law en-forcement to cancel the alarm.• If they cannot verify the validity of the alarm, they will notify local law enforcement for police dispatch. • If you accidently set off your alarm

1. Stay off the phone, wait for your alarm company to call you and have your password available.

2. Do not leave your premise until you are sure the police have been cancelled. *Remember, only the moni-toring company, not the alarm user can make cancella-tions.*

• If someone is trying to break into your home or you need help DO NOT USE THE PANIC ALARM unless you cannot get to a telephone. 911 is a much quicker way to notify law enforcement and unlike any alarm system it is the only way to be connected directly to the police.• Only those who know how to operate your alarm system should be given a key to your premises. Teach all family members, employees and service personnel on proper use of the alarm system. • Tighten all doors and windows with alarm sensors. A loose fit may break the sensor contact even without opening. • Keep away from alarm sensors, pets, balloons, fans, cur-tains, or any other object which is capable of moving.• Have your alarm company inspect and perform routine maintenance on your system. Notify them immediately if you think your system is not functioning properly.

• Identify your needs and budget• Contact your local law enforcement agency to find out if there are any permit/ registration requirements for residen-tial alarm systems, as well as any fines or fees that may be imposed for false alarms.• Contact your local agencies such as Consumer Affairs Of-fice, Better Business Bureau or state Attorney General’s Of-fice for information on the prospective alarm company.

• Contact your state or local Licensing Bureau to determine if the alarm company with which you are considering doing business has all of the required licenses, bonds, insurance, etc. (if applicable).• Know your responsibilities and those of your Alarm Com-pany before you buy or lease.• Read and fully understand your entire contract before you sign on the dotted line.

AFTER You Buy

BEFORE You Buy


The Firm’s Senior Partner, Randall K. Roger, Esq., has over twenty years of experience representing community associations and is rated AV®-Preeminent by Martindale-Hubbell®, the highest peer review rating attainable.

For more information on how our Firm may assist your

association, please contact our main office:

One Park Place

621 NW 53rd Street, Suite 300Boca Raton, Florida 33487Telephone: 561-988-5598Facsimile: 561-988-1318

Randall K. Roger & Associates, P.A. is available to serve condominium,

cooperative and homeowner associations located in Florida.

COMMUNITY ASSOCIATION LAW

Randall K. Roger & Associates, P.A. - Attorneys at Law

Our team of attorneys can help your community association devise innovative strategies to address current obstacles and prepare for future challenges.

We concentrate our practice solely on legal issues which face community associations including:

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Associations in Mortgage• Lender Foreclosure

Actions Against Owners• Collection Options • Association Foreclosure• Personal Judgments

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You are asking yourself how can I do that. Well by offering your

employee benefits under a Section 125 Cafeteria plan.

Wouldn’t you like to make your benefits more affordable? You can with a Premium Only Plan (often re-ferred to as POP). Premium Only Plans are made possible by Internal Revenue Code Section 125 which was created to make benefits more afford-able for you.

How it works If you participate, you may choose qualified insurance coverage and pay the premiums with pre-tax dollars. These pre-tax dollars are subtracted from your gross earn-ings before taxes are taken out. Thus, when you pay qualified insurance pre-miums before taxes, you lower your taxable income.

With a Premium Only Plan: • Your benefits are more affordable.• Your spendable income increases.• You pay less in taxes.• You the employer save on taxes.

To comply with IRS requirements, you may make a change in your elec-tion only at the beginning of each plan year. Cafeteria plan regulations have a process for determining if a participant is allowed to make a change in elec-tion during the plan year. The two-step process is:

1.) A change in status must have occurred. A change in status has oc-curred if the event falls into one of the

HEALTHCARE WATCH

help Your Employees get Benefits While Saving Them and Your company Money

categories below: • Legal marital status • Number of dependents • Employment status • Dependent satisfies (or ceases to satisfy)

eligibility requirements • Change of residence

2.) The participant’s election change must be consistent with the status change event. To be consistent, a requested change must be on account of and correspond with the change in status that affects eligibility for cov-erage under an employer-sponsored plan.

With the cost of your employee’s health insurance continuing to rise why not put them under a section 125 and everyone wins.

by Keith Jordano, LUTCF

Keith Jordano, LUTCF, is the President and CEO of Jordano In-surance Group which has been pro-viding Florida businesses and com-prehensive insurance services for almost two decades. He is also Vice President of Palm Coast Association of Health Underwriters, Past Presi-dent of the Royal Palm Beach Rotary, Past Executive Board member of the Palms West Chamber.

$1,0000

$1,000(177)$823(180)$643

$1,000(180)$820(132)$688

0$688

Gross payPre-tax reduction (major medical ins.)Taxable IncomeFICA, fed. & state taxes*Net payPost tax deduction (major medical )Spendable income

HOW A PREMIUM ONLY PLANINCREASES YOUR SPENDABLE INCOME

Without Premium Only Plan

With Premium Only Plan


The Florida Division of Workers’ Compensation, Bureau of Com-

pliance, strongly recommends every community association purchase an “If Any” or “minimum premium no pay-roll” workers compensation policy. This unique policy provides three important coverages or protection from:

1.) Association Volunteers Protects any board approved volun-

teer from injury on common area with state mandated workers comp benefits with limits of $500,000 to $1M. This is a huge benefit to the association. What better way to encourage residents to participate and volunteer; provide them workers comp benefits in the event of an unintended injury. Examples include, helping with the landscaping, sprinkler system or decorating the clubhouse.2.) Uninsured Contractors

In the event of an uninsured contrac-tor related injury on common area, this policy will protect the association (Em-ployer’s Liability) and provide workers comp benefits to the injured party. The policy is designed and priced for the “in-advertent” use of an uninsured contrac-tor. Managers and management compa-nies, for the most part, diligently require, collect and keep track of Certificates of Insurance (COI’s), but the uninsured contractor still gets through the system and may get injured. Protection is pro-vided with this policy.3.) Contractors Who Waive Coverage

Corporate officers or members of a limited liability company (LLC) en-gaged in the construction industry are

INSURANCE IDEAS

Workers compensation

eligible to exempt themselves from the workers compensation act. This special construction only (contractors) exemp-tion was originally created to assist the small mom & pop (sole proprietors/partnership) contractors by giving them the option to exempt themselves from the act and self- insure. The association could then accept the waiver and poten-tially not be liable for any injury. The courts however, have interpreted dif-ferently having held associations partly liable and on the hook for thousands of dollars for medical payments. This poli-cy will protect the association from any claim.

As anyone can see this type of pol-icy is very beneficial and in my opinion a “No Brainer” for the community asso-ciation, even if there is a regular (with payroll) workers comp policy already enforce. For a small premium, complete protection is provided for the associa-tion volunteer and from the uninsured contractor.

by Barry Scarr, CIRMS

Barry Scarr is President and CEO of Scarr Insurance Group, an indepen-dent insurance agency specializing in condominium and homeowner as-sociation insurance. The agency also provides Home, Auto, and Financial Services, especially as they pertain to the Community Association. Mr. Scarr is a former condominium man-ager and CPM and can be reached at [email protected].

JAMES [email protected]

561-602-9539

PHOTOS ON THE GOCOME TO OUR STUDIO

PETS AND EVENTSSPECIAL OCCASIONS

WE CAN COME TO YOU

OR


FLNA FEATURE

NOT ON THE GRAND TOUR

Journey to Where The Odyssey EndsSoldiers, “Love”, Volcanoes,

The Sea, Strikes, RuinsOne carefree summer not so long

ago, my wife and I were in Kra-cow traversing the stalls in the Cloth Hall in search of amber when we came upon an old man sitting on a small stool and guarding a display of old books. His face projected a look of boredom and disinterest, but became more animated when we showed interest in one small book lying casually amidst an array of frayed and discarded tomes marked, at least from our perspective, with in-decipherable Polish titles. It appeared to be an old prayer book, its soft black cover cracked slightly in a few places and metal protectors still preserving its corners. When we picked it up to look closer, we noticed the vestiges of em-bossed lettering on its spine and front, two words, in English, “The Odyssey”. There was something about it, maybe because it was in English, that drew us toward it, so we paid the old man a few zloty, watched him wrap it in newspa-per, taping the edges like a gift package, and walked away with our treasure.

Later on, while sitting in a nearby café looking out on the great Market Square, the Rynek Glowny, we recalled this ancient story by Homer of the Greek King Odysseus who, after the fall of Troy, travels across the seas for many years trying to get to his home-land, the island of Ithaca in the Ionian Sea. As it so happened, we had friends who had invited us for years to visit them on Kefalonia, an island just across from Ithaca, and decided this might be a good time to accept their invitation and then go on to Odysseus’s fabled is-land. Little did we know that our own journey would be, in its own way, our own little Odyssey.

We contacted our friends who told us the easiest route was to fly to Ko-rfu and take a ferry, but there were no easy connections from Poland so we called ahead to Berlin where we knew a travel agent who could set up passage on one of the low cost charter airlines. The train to Berlin normally took more than twelve hours, but when we arrived

at the border (Poland at the time was not yet part of the E.U.) it was pulled off to a siding where we sat for a long time as the entire train was searched, compartment by compartment, by Pol-ish soldiers. Then, the train moved a short distance, stopped again, and the process was repeated, only this time by the German police. It was reminiscent of the Cold War. Finally, we went on our way, unscathed but exhausted only to find ourselves in Berlin just in time for its most chaotic of events, the Love Festival.

The Ionian Sea, Greece

by Tony Consalvi


We picked up our train tickets to Hanover, but had to hurry because our border delay had taken up our slack time. We headed for the old Haupt-bahnhof by the Berlin Zoo, but the fes-tival was starting and the streets were blocked to accommodate the festival attendees. We were lucky we only had carry-on bags as we pushed against the on-going wave of young people - hair dyed, leather outfits, piercings and tat-toos everywhere, a world filled with characters that would soon be depicted in a Swedish murder mystery. We could

hear the music coming from the Tier-garten as we clambered up the stairs just minutes before our train arrived. There were plenty of seats on the ICE bullet train and we quickly sat down to get a few minutes rest.

If Berlin was chaotic, then the scene at Hanover Airport was pande-monium. Almost every flight on the big board was delayed and our flight, which was not scheduled to leave un-til after midnight, was not yet listed. There was hardly a place to sit down, even against a wall, as the travellers, mostly young back-packing Brits, their Midland accent as difficult to under-stand as the German loudspeaker, filled the confines of the small terminal. Fi-nally, we were told that the delays were caused by Mount Etna in Sicily which was erupting as we spoke and spewing dark clouds which were enveloping the entire Mediterranean basin. To com-pound the problem, many of the flights were going to Catania or scheduled to use equipment coming from there. We spent the night taking turns, one of us cat napping, the other listening for an-nouncements, and it was just dawn when we boarded for what we had ex-pected to be a short flight to Korfu.

Our taxi driver dropped us off at the ferry terminal, but there was no

ferry listed for Kefalonia, and the tick-et agent told us that the ferry had not run there for more than two years. The overnight ferry from Venice would ar-rive soon on its way to Patra, the main ferry port on the Gulf of Corinth on the Greek mainland and from there, he was sure, there would be a ferry for our des-tination. Although it was an eight hour voyage, travelling in daytime would mean we would not have to book a compartment and we would arrive in plenty of time to get a ferry in the early evening. We called our friends but there was no answer. We sat down at the bar in the terminal café for some coffee, some local bread and a chance to catch our breath. Of course, even before we finished our simple breakfast, we were informed that the Venice ferry was run-ning late and would not be there until afternoon which meant there would be no connections in Patra.

Finally, we boarded a little shuttle bus which took us out on the quay to meet the ferry. We had been confined to the terminal and crowded inside the bus, so our first view of the harbor was when we stepped off the bus and into the sea breeze. It was then that we saw and felt for the first time, Greece, where, since the dawn of western civilization, men had lived on a rugged, rock strewn land, constructed harbors to tame a massive sea and then used it as a high-way to travel and trade on its turquoise waters. As the massive international ferry glided quietly to the dock, framed by the mountains of Albania behind it, we knew we were about to experience a world that neither book nor travelogue could do justice. We had entered the world of Odysseus.

The ferry came abreast of the dock and a tugboat helped it turn until it was perpendicular and ropes had been tied off to keep it secure. A massive door was lowered from the rear and trucks,

Previous Page: On the Ionian Sea; Above: Disembarking from the Ferry in Ithaca; Below: Sami Harbor


caravans, cars and motorcycles began to roll out over it and onto the concrete. On one side was a yellow pathway pro-tected by a small railing and a crew member beckoned us to walk along it in single file to board the ship. Our tick-ets were quickly verified and we were pointed to a steep stairway that would lead us to the passenger decks. As we began our climb, we turned round to see new vehicles, some filled with trav-ellers, others just the driver, begin to refill the cavernous hold. Soon, like the ancients before us, we were sailing out onto the sea and our next Greek port.

It was already dark when we land-ed in Patra and all we could do was follow the other passengers as they dis-embarked. One street heading into the town seemed to be well lit and we had just started out in that general direction when we heard our names being called. Our friends had also been surprised by the ferry schedule and had been deter-mined not to leave us stranded. They had taken the ferry to Zakinthos, an is-land to their south, another to the main-land, boarded a bus to Patra and had been meeting every ship that arrived hoping to find us. They had already found a local hotel and bargained down the price so we checked in and walked across the street to a little restaurant where we sat at a table outside, sam-pled the fresh local salad topped with a large square of feta cheese, filled up on a skewer of souvlaki and, to celebrate, finished the evening off with Greece’s traditional anise flavored aperitif, ouzo.

The next day was Sunday and we were planning to tour the city in the morning before taking the afternoon ferry when we became part of what was seemingly another Greek tradition – a labor strike. All the museums and tour-ist spots were closed. Our driver was re-assuring, explaining that this happened quite often on Sunday mornings when

tourists seemed to either go to church or sleep in, so the financial loss was mini-mal. He was right. When it came time to board our ferry, everything was back to normal.

Three hours of mostly open sea later we entered a passageway between two islands. We veered toward the western island, Kefalonia, and away from the land mass to our east, the mountainous southern coast of Ithaca. The wind induced white caps began to subside and the color of the water be-gan to turn from the deep blue of the Ionian Sea to the turquoise color of Sami harbor. The town was smaller than we expected, probably only two or three streets deep of white facades and peach colored tiled roofs back dropped by steeply rising tree covered moun-tains. It was protected by the breakwa-ter which also served as the docking area for the ferries. A few cars and one bus sat waiting for our arrival. A small gray Coast Guard cutter was the only object to clash with our view which my wife immediately declared better than a postcard. A friend picked us up and we were soon on a road which cut through the mountains, now and then stopping for goats who had declared it their own domain, circumvented an old Venetian

fortress and entered the capitol, Argostoli.Our friends lived on a hill over-

looking the city and each day we men would walk down the hill to the main square for a café and to read whatever English newspaper was available, usu-ally the International Herald Tribune. This one day our wives had gone down to the port to meet the fishing boats to pick out our dinner and when we ar-rived back the table in the garden was already set and everyone sat down to eat. It had been a week since we landed and, like Odysseus, the island had

Above: Vathy; Below: Goat Sentinels of Kefalonia


seduced us with its charm and we had almost forgotten our goal, but when we were done and the Ribola wine had worked its magic, we made plans for the morning.

We drove to the landing in Sami and caught the morning ferry to Ithaca. The island was bathed in the early fog and we had almost reached the shore before we could actually make out the small dock and the single lane road which climbed switchback style over the mountain and into the interior. We lunched in Vathy, the capitol, and were directed by the attendant at the local archaeological museum to a mountain nearby on which the locals claimed was “Odysseus’s Castle.” The pathway was very steep and it was not long before my companions had abandoned me to my quest. I soon came upon a small cave covered by a half opened wooden door. I had been told by the attendant below that it was called the Cave of the Nymphs and was mentioned by Homer and I could go in, but not too far, be-cause it was only lit for a little way. I followed his advice and then climbed higher up the mountain. By this time, I realized I was the only person climb-ing. The way became very steep and narrow, appropriate only for the goats whose bells now and then tolled some-where behind the trees and rocks. I had to watch my step because one slip and I would have tumbled hundreds of feet down the mountainside. I stumbled along, pausing now and then to wipe away the sweat from my brow and to catch my breath. All my effort seemed for naught until I came across some stone pilings and a circle of stones which seemed to outline an outdoor sitting area, but I could not be sure. There was no one around to answer my questions nor with whom to share this experience. As I sat down and looked out across the waters toward Kefalo-

nia, I realized I was totally alone on the side of a mountain on an island that few people knew about and even fewer visited. Was this the view that greeted Odysseus when he returned? Did he sit here to rest before going forth to see Pe-nelope? Or was this just my imagining of a place in a work of fiction? It did not matter. The journey was what was important. I had made it and the mo-ment was mine.

Our stay in Kefalonia was filled with great experiences and our return journey to Germany was an even more interesting adventure. But that’s anoth-er story.Top: Early Fog Covers the Approach to Ithaca; Right: Ancient Pathway above Piso Aetos, Ithaca; Below: Are these ruins all that remain of the Palace of Odysseus?


The foods of ancient Greece were varied, with a concentration on

vegetables, legumes, fruits, and fish. Meats were roasted on spits, cooked in ovens, and boiled. Fish was often cooked with cheese. Wine was wa-tered down and sometimes garlic was added. The technique to make the very thin phyllo dough had been discov-ered sometime around the 4th century B.C.E., so it’s likely that sweets like baklava were also eaten - but no sugar! Honey was the traditional sweetener, as were figs and products made from natu-rally sweet grapes.

Today’s Greek cooking offers an incredibly rich and diverse array of foods and beverages that is the culmi-nation of literally thousands of years of living, cooking, and eating. The names of foods, cooking methods, and basic ingredients have changed little over time. Bread, olives (and olive oil), and wine constituted the triptych of the Greek diet for many centuries, just as they do today.

Greece is a nation of small farm-ers who produce an incredible array of mainly organically produced cheeses, oils, fruits, nuts, grains, legumes, and vegetables, supplemented by an ar-ray of greens and herbs that grow in the wild. Its climate is perfect for the

FOOD

Today’s greek cuisinea Modern Taste

of the ancient World

by Chris Papas

healthy growth of olive and lemon trees which produce two of the most impor-tant elements of Greek cooking. Spices, garlic and other herbs such as oregano, basil, mint, and thyme are widely used, as are vegetables such as eggplant and zucchini, and legumes of all types.

With 20 percent of Greece made up of islands - and no part of the Greek mainland more than 90 miles from the sea - fish and seafood are a popular and common part of the Greek diet. Lamb and goat are the traditional meats of holidays and festivals, and poultry, beef, and pork are also in plentiful sup-ply.

Greek food is simple and elegant, with flavors subtle to robust, textures smooth to crunchy, fresh and timeless, nutritious and healthy. Preparing and enjoying Greek food, anywhere in the world, is an adventurous journey into the cradle of civilization and the land of the Gods of Olympus.

Discovering, tasting, and experi-encing Greek food: truly one of the joys we can all share.

Turn the Page To See

Some of Chris’s Favorite Greek Recipes

Chris Papas has been a fixture in the restau-rant scene in South Florida for more than twenty years. He spends his time overseeing the very popular I’m Greek Today restaurant in Royal Palm Beach and will soon be open-ing a 300 seat Greek restaurant in Miami.


Chris’s Favorite Recipes

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Custom Group Inc.............................22

Derek Sykes Pressure Cleaning .......18

Elkind, Bruce DDS..............................8Ewing Optical................................... 10

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I’m Greek Today..................................4India Grill and Bar...............................7

Jordano Insurance Group..................18 Kearns Services, Inc..........................20

Morris, Robert P.A............................12

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Randall K. Roger, Esq.......................22Republic Services of Palm Beach ......32River Bridge Performance Ctr.............4Royal Inn.............................................2

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Paidaikia (Lamb Chops)

6 lamb chops2 tbl spoons oregano2 garlic cloves minced2 tbl spoons lemon juice¼ cup olive oilSalt and pepper

In a Tupperware mix all the herbs, spices olive oil and lemon juice. Place your lamb chops and let mari-nate for one hour, preferably longer. Heat your grill on high, then grill the lamb chops to your desired temperature.

Sea Bass Athenian

1 8 oz filet of fresh Sea Bass (you can use any filet of you favorite fish, grouper, sole, cod)¼ cup diced fresh tomato¼ cup diced onions2 tbl spoons olive oil1 butter tab 1 tbl spoon chopped parsley2 oz of a good quality white wine2 garlic cloves mincedSalt and pepper to taste

In a frying pan heat the olive oil and butter on a medium/medium high heat. Place in the filet after approx 1 minute turn the fish and place the onions, tomatoes and garlic. Let cook additional 3-4 minutes. Stir the ingredients regularly so they do not burn or stick. Place the 2-3 oz of white wine and continue to stir. Reduce heat to medium, cover your pan, and allow the fish 3-4 minutes more of cooking. Before serving on to a plate mix in the chopped parsley.

Taramosalata (Fish Roe Dip)

8 Slices White sandwich Bread (eliminate the crust)1-2 Cups of milk½ cup of quality fish Roe1 small onion (grated)¼ cup lemon juice½ cup olive oil

Place the bread in the milk let soak for a few minutes. Squeeze the excess milk from the bread, discard the milk. Blend the bread, roe, onion, lemon juice, olive oil in a food processor to a creamy consistency. Chill and serve.

Melitzanosalata (Egg Plant Dip)

1 Large Egg Plant baked in the oven at 350 for 35-40 minutes or buy egg plant pulp in a can (1 lb).2 minced garlic cloves2 tbl spoon fresh chopped parsley3-4 tbl spoons olive oil2 tbl spoons lemon juiceSalt and pepper to taste

Mix all the ingredients in a blender, chill and serve.

Tzatziki (Cucumber Salad)

8 oz sour cream8 oz yougurt1 small cucumber peeled and grated (take out the seeds)3-4 cloves of garlic minced1-2 tbl spoons of red wine vinegar3 tbl spoons olive oil2 tbl spoons fresh finely chopped dill

Salt and pepper to tastePlace all the ingredients in a metal bowl and Wisk together

Revithosalata (Greek Hummus)

2 cups of canned garbanzo beans, (strain out the water from the can)1/3 cup olive oil¼ cup fresh squeezed lemon juice2 cloves of garlic minced fine1 tbl spoon chopped Italian parsleySalt and pepper to taste

Blend all the ingredients in a food processor.

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31 Winter 2013 |FLNA Magazine| |FLNA Magazine| Summer 2012 15

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FLNA Winter 2013