Defeating disability with song & dance is no mean task

In 2010, when Gitanjali Sarangan was teaching at a play school in JP Nagar, four-year-old Sneha, suffering from Down Syndrome, was refused admission in mainstream schools. This prompted Gitanjali and her husband S Sarangan, an infrastructure consultant at Acce-nture, to create a learning environment for special children and adults.

Armed with an Arts-based Therapy (ABT) course certification, the couple founded the Snehadhara Foundation in 2012. The nonprofit is named after Sneha. The child, who doctors said will never be able to speak, has mastered five languages and is one of the most enthusiastic children in their group today.

"We have 35 children with disorders like cerebral palsy , autism, attention deficit hyperactivity disorder (ADHD) and epilepsy ," explains 38-year-old Gitanjali. "They are kept together to create a self-directed environment of companionship."

Twenty five caregivers take care of the wards who are between eight and 35 years.

While the curriculum is tailormade for every child, they conduct multisensory activities involving painting, music, dance and theatre for an experiential and engaging environment. The idea is to improve their fine-motor skills and build basic, independent functioning skills.

For instance, when children with ADHD and speech goals are in the same music session, the former are made to remember words while the latter emulate the teacher singing."The same activity lends itself differently to different children," Gitanjali said. "Instead of focussing on their limitations, we develop artistic talents in every child."

Children stay at Snehadhara between 10 am and 5 pm every day. There are weekly stay-over sessions to see how they manage daily tasks independently . There are activities for parents once in five weeks so that development goals are in harmony .

Sarangan, 46, explained how their impact and scale is not measured by numbers, but deeper influences."We never know how long a child will have to stay with us before going out into the world," he said. "So our goal is to not expand from 35 to 3,500 children. Instead, we want to set up a learning environment, document the processes and help others replicate it."

Their impART (Interventions, Methodologies and Practices using the Arts) initiative has reached 5,000 children and 200 teachers across 15 government schools and nonprofits in Bengaluru, Chennai, Coimbatore and Gurgaon. Funds are received through like-minded professionals, parents or personal networks.

Vani Joshi said Snehadhara has made a world of difference for her six-year-old son Kabir.

"The learning is very organic.Kabir has learnt to engage in his environment, goes about daily routines independently and looks forward to going back to school. He is a much happier kid," she added.

Resource: http://economictimes.indiatimes.com

New office district with over 20 million sq ft IT SEZ space coming up in Gurgaon

NEW DELHI: A brand new office district with over 20 million sq ft of IT SEZ space is in the works in Gurgaon that could extend the axis of development in the city.

Gurgaon-based builder IREO and a joint venture of Singaporean IT park specialist Ascendas and sovereign fund GIC are separately planning to build IT SEZ space in a large master planned development on Gurgaon's Golf Course Extension Road on the southern edge of the city.

At present, the largest office space conglomeration in Gurgaon is the DLF Cyber City that stands at the entrance of the city on the National Highway 8. It has about 13 million sq ft of space built by DLF over the past 15 years but is nearing saturation in terms of leasable space with under 10 per cent vacancy level, according to property advisory firm JLL.

In this new development, IREO plans to build about 12 million sq ft of IT SEZ space over 85 acres in the Golf Course Extension Road area, spending Rs 5,500-6,000 crore on it. It will start with a million sq ft development in the first phase.

Ascendas India Growth Fund, which includes Ascendas and GIC, on the other hand, will build about 8 million sq ft of IT and commercial mixed use space that will include IT SEZ, retail amenities, corporate office and some hospitality elements with a project cost of Rs 2,500-3,500 crore. This will be over 60 acres. It will start with a 1.3 million sq ft development in the first phase.

Lalit Goyal, vice chairman and managing director of IREO, a private equity fund which has invested in its own development arm, said the IT SEZ capacity in Gurgaon is almost over and there is enough demand for a large development like this.

"We are both FDI companies and we will ensure that this development can be benchmarked with any other international development of this type," said Goyal.

While each of the two will build on their own, the larger development on the two contiguous parcels of land will be according to a common infrastructure master plan that will ensure it will be a highly planned development.

Goyal said the development will have international specifications and include traffic planning, state-of-the-art infrastructure. Traffic studies for this office district have already been completed and roads and other infrastructure will be built accordingly.

Sanjeev Dasgupta, the chief executive officer of Ascendas Property Fund India said SEZ supply in Gurgaon right now is fairly tight and it doesn't look likely that there will be space available around Golf Course Road and Golf Course Extension Road. "Our belief is that this area in terms of connectivity and infrastructure will be better than the Udyog Vihar side (of Gurgaon) which is increasingly becoming congested," he said.

Ascendas, he said, has already started getting interest from tenants for this location.

What will also work for the area is the fact that the metro railway phase that is currently under construction will stop at the edge of the Golf Course Road, about a kilometre away from this new office district and it could be extended further. Goyal of IREO said Gurgaon does need another big office district. Analysts and real estate watchers agreed.

Anckur Srivasttava, chairman of GenReal Property Advisers, said this new move will change the development axis in Gurgaon over the medium term and also improve end-user attraction for housing in and around the Golf Course Extension Road and the Sohna Road area.

Resource: http://economictimes.indiatimes.com

‘Ownership to tenants is the only solution’

It is important that rather than rejoicing over BJP saying that the government will not amend the Maharashtra Rent Act (1999) or the Congress claiming credit for forcing the government to backtrack, we must move towards a permanent solution before the government goes ahead with its intended agenda.

The draft Model Tenancy Act 2015, proposed by the Centre, is, in effect, a draft legislation for the states to legislate and adopt. It seeks to do away with the state Rent Act, and allow landlords to charge any rents that they like. The Maharashtra government has not rejected it. When the Congress was in power, we had rejected the amendments when the UPA government had made similar recommendations. But, the Maharashtra government has neither expressed their willingness to go with Model Tenancy Act or to reject it. Until they do, as a party, the Congress will not let this issue to die down. We will launch a massive agitation and awareness campaign which will make tenants across the state aware of this issue so that they can build pressure on their elected representatives.

My family has made several proposals to the State government over the years. If implemented with broad-based political support, we could have resolved this issue once and for all.

When Congress was in power for 15 years in Maharashtra, several officials and bureaucrats proposed such amendments to the Maharashtra Rent Act, but in every case, the State government defeated them.

We kept the debate and discussion moving towards finding a permanent resolution where both landlords and the tenants benefited, and one where there were no sudden and arbitrary hikes in rent.

However, since the BJP-led government came to power in 2014, there have been two attempts — first in May 2015 and now in January 2016 — to amend the Maharashtra Rent Act and allow a bonanza for builders and landlords, and throw commercial and residential tenants onto the streets.

The Chief Minister (Devendra Fadnavis) had assured that his government will not amend the Act. At a personal level, I accepted this. But the statements from the Housing Minister Prakash Mehta — whether he was quoted correctly or incorrectly — were quite disturbing. The government remained silent for months when several political parties, including the BJP’s coalition partner Shiv Sena, protested against such amendments. Suddenly, they make an announcement. This is highly suspect.

When you have tried to amend the Act twice, it is clear that you are testing the waters and that your intent is to please certain vested interests.

The solution, which my father (the late Murli Deora) had proposed nearly three decades ago, was to enable tenants to become owners of their premises. The formula was that if the tenant pays 100 months’ rent in advance to the landlord, he or she can become the owner. This is pending before the courts. Today, the State needs to relook at the formula, and if the rent should be 100 months or more.

Rents need to be revised, but not in an arbitrary, knee jerk manner. When tenants have been passing on rights to the properties for decades or even generations, the only long-term, permanent solution is ownership. Otherwise, it will never get resolved.

It will take a lot of deliberation and discussion, but the State government needs to involve all stakeholders and move in that direction. At present, there is a no man’s land between the landlord and the tenants. Nobody repairs a building until it becomes dilapidated and then a builder swoops in to redevelop it. This is not a solution – ownership is.

The State government must demonstrate that amending the Rent Act is not its intent. It must reject the Model Tenancy Act, and move towards ownership. The old formula (100 months rent paid in advance) may or may not work; it is for the government to devise a new formula.

Resource: http://www.thehindu.com

Should I sell my house or keep it and rent it out?

 Q We are hoping to buy a new home – we need more space as we now have a family. We currently live in a two-bedroom house in Crumlin on a very competitive tracker. I paid €€350,000 for it in 2008. I am told it will fetch about €260,000-€280,000 in the current market. I have been advised to sell with the suggestion that keeping it and renting it out will just be a lot of hassle and we will end up paying tax etc on it.

On the other hand, I have been advised to keep it and rent it out and I will make my money back. I would greatly appreciate any advice, should we sell?

A Much of this question will centre on your mortgage position, and you have not stated how much you currently owe your lender. I estimate you probably owe €275,000 on the current loan (assuming you borrowed the full purchase price in 2008). I’ve done a quick search of three-bed semis in Dublin 12 (assuming you want to stay in the same area), and these seem to be running at around €350,000 with rental values of around €1,400pm for two beds. Based on the new lending rules introduced by the Central Bank in 2015, you will need a cash deposit of 20 per cent of the new house (€70,000, plus stamp duty & legal fees).

Your total borrowings will be €555,000 (the existing loan of €275,000, plus 80 per cent of €350,000). Maximum borrowings are capped at 3.5 times the income, but exceptions apply to this rule, particularly when there is a rental property in the mix. I think you’d need a household income of around €125,000 to support this scenario.

To look at the rental side for a moment, you need to take the view that you now have a business (a residential investment property), in addition to your day job.

Rental properties do not “take care of themselves” and require active management by the landlord. Whilst tenants are responsible for day-to-day upkeep of the property, landlords remain responsible for the significant repairs and maintenance of their investment properties which typically include boiler servicing and upgrading if required, electrical and plumbing maintenance, annual checking of the property and so-on. Usually the landlord is also responsible for the replacement of appliances if problems occur.

You will also need careful tax advice. All rents received are put into the income “pot” for the purposes of calculating your tax liability, so the rental income is subject to PRSI, USC & income tax. The landlord pays the LPT charges, and the PRTB registration.

Deductions are allowed for appropriate repairs and maintenance, but not for mortgage interest. It is prudent that you provide for rental voids, when the property is being relet. You should be able to comfortably afford a number of months’ mortgage repayments whilst the property is vacant and you should have a fund available to take care of unforeseen events.

Finally, you need to look at your personal circumstances. Do you have the time to devote to a residential investment? Are you satisfied to take a long term view on the return? Are you comfortable with the risk associated with the investment?

The rental market is quite strong at present and with interest rates at such a low level, the attractiveness of keeping and renting the property is appealing. Whilst the Central Bank rules have caused certain problems in the residential property market, one positive outcome is the likelihood of less volatility in future and more sustainable increases in property prices. Coupled with consistent demand for rental properties in Dublin, “keep and rent” could well be prudent. Any investment decision requires careful consideration and obtaining proper professional advice.

I recommend you speak to a qualified financial advisor in relation to your long term financial planning, your precise borrowing capacity, and be clear as to the net return after all deductions from the rental income. Carry out a careful search of new family homes suiting your requirements, and what your borrowing capacity will allow you buy. Once you have this information I expect the answer should be considerably clearer. Edward Carey is a Chartered Residential Agency Surveyor and member of the Society of Chartered Surveyors Ireland, scsi.ie

No capital loss

Q I purchased an investment property in Ireland in December 1973 for £5,500, plus expenses of £514, total outlay being £6,014. I sold the property in June 1983 for £18,000. Indexation relief was allowable over this period. When this was applied a multiple factor of 3.76 was applied to the purchase price. Including expenses, this increased the “indexed” sale price to £22,593; as a result, the sale price registered a capital loss of £4,593. (£22,593 less £18,000). My question is can I bring forward this capital loss, created after indexing of £4,593, to offset any capital gains in future years.

A Capital Gains Tax (CGT) is a tax on gains arising from the sale of capital assets. The gain to be taxed is arrived at by deducting the cost of the asset from the sales proceeds, and applying the tax rate to the taxable gain to determine the payable amount. Where an allowable CGT loss arises on the disposal of an asset, it may be set off against chargeable gains arising in the same year of assessment.

In general, an unused loss may be carried forward and set off against chargeable gains which arise in future years.

Indexation: Indexation provides relief for the effect of inflation over the period of ownership of an asset. It was introduced in 1978, and provides relief from the part of the gain attributable to inflation.

For CGT purposes an asset purchased prior to April 6th, 1974 is treated as if it was purchased on April 6th, 1974, at the market value on that date.

This provides us with the base cost of the asset for indexation purposes. The indexation rate of 3.759 was correctly applied. The use of indexation created a “notional” capital loss of £4,593/€5,832.

There is a restriction on the use of indexed losses. Indexation cannot be used to create or increase a monetary loss. A monetary gain or loss arises before any indexation is applied to the calculation. If there is a monetary loss on disposal, the loss arising cannot be increased by indexation, and the loss available for use is the actual monetary loss. Similarly, where a monetary gain occurs, a loss cannot be created through indexation. In such instances, the disposal of the asset is treated as giving rise to neither a gain nor a loss.

When you sold your property a monetary gain of £11,986/€15,219 arose. When indexation is applied, an indexed loss of £4,593/€5,832 arose. As indexation and the 1974 market value cannot be used to create a loss where there is an actual gain, both indexation and the 1974 market value should be ignored. Applying the rules set out above, there is a no gain/no loss position.

As a result, you were not required to pay CGT on the disposal of the property in 1983. However, there are no losses available for you to carry forward against future gains.

Resource: http://www.irishtimes.com

Province to Collect Foreign Buyer Data, Reluctant to Impose Any Tax

The British Columbia government today announced steps to prevent shadow flipping of houses and to collect data about foreign real estate buyers, but the NDP says the measures will do nothing to address affordability.

As of May 16, people licensed to sell real estate in B.C. will have to include two new clauses in any offer to buy property.

The first will require that the seller consent to any transfer of the purchase contract, so that it will no longer be possible for buyers to resell a property before the deal closes without the knowledge of the original seller. The other says that any profit made from transferring the contract would go to the seller.

And in June the government will begin using the property transfer tax return, required to be filed any time property changes ownership, to ask buyers where they live and where they are citizens. The government first announced in February that it would make the change to the form.

Finance Minister Michael de Jong said the government would need to collect the information for at least six months to a year before he expects to see any pattern. And even if there is a pattern, the government is reluctant to introduce a tax on foreign ownership, he said.

"It's not something I've advocated," de Jong said, stressing that B.C. has benefited by welcoming people from around the world and being open for business. "I have a bias against singling out foreign investment for a single or punitive tax."

In other jurisdictions, taxes on foreign ownership have had little effect on affordability, he said. "Vancouver is a changing market," he said. "In a market that is still very much driven by supply and demand, I don't believe the answer is to restrain demand."

BC needs 'vibrant' not 'vacant' cities: Horgan

NDP leader John Horgan welcomed the steps to stop shadow flipping, but said the government needs to address speculation where people are using B.C. real estate as a "safety deposit box" for their money.

"The action the government takes today does nothing to address the affordability crisis in the Lower Mainland," he said. "The big challenge is money coming to distort the marketplace... We need a vibrant city in Vancouver, not a vacant city, which is what we're getting."

Noting that real estate developers have donated some $5 million to the BC Liberals in the past few years, Horgan said the government has resisted doing anything that would make prices more affordable.

During the current session of the legislature, the NDP has introduced private members' bills -- none of which have gained the support of the government -- to address speculation, prevent renovictions and protect mobile home owners, all of which would make housing more affordable, he said.

Resource: http://thetyee.ca

Route 19 corridor in Marshall draws attention from developers

 One by one, vacant plots of land that dot the Route 19 corridor just over the Marshall line from Pine are giving way to residential and commercial projects.

Along the roughly 1.2-mile stretch of Route 19 between Gateway Avenue and the Interstate 79 overpass, several projects are in various stages of development, township officials said.

“Much of the prime real estate to the north in Cranberry and to the south in Pine has been developed,” said township manager Neil McFadden. “I think our section of the Route 19 corridor has taken a little longer to develop because it's a divided highway, which retail developers tend to shy away from because it essentially cuts out 50 percent of the traffic to the shops.”

The varied topography along Route 19, which includes hillsides, flat land and some low-lying areas that are prone to flooding, also has been an impediment to development, McFadden said.

But the scarcity of developable property and that section of Marshall's close proximity to I-79 and the Turnpike is erasing many concerns developers may once have had.

“Until recently, our residents have been quite content to travel north or south to shop,” he said. “But we're growing, so we're starting to attract more retail to service our population.”

Marshall's population in 2010 was about 6,900 people, according to the U.S. Census. McFadden said Marshall now has more than 7,500 residents.

Jeff Burd of Tall Timber Group, which conducts real estate market research, agrees with McFadden's assessment of why much of Route 19 in Marshall wasn't previously developed.

“Developers want land that is dead flat and easily developed,” he said. “But as time goes on and those types of properties become harder to find, they will be willing to take on whatever obstacles exist because of the payoff.”

Burd said one of the main drivers in the commercial development occurring in the Route 19 corridor in Marshall is the significant amount of homes under construction or in the planning stages.

Projects include Fairmont Square, a 96-unit townhouse project that will include 21,000 square feet of retail space. It is under construction on the northbound side of Route 19. Plans also are in the works for a 146-unit independent living/personal care facility called The Waters Senior Living, which has been approved on an adjacent property.

Other projects on tap in the Route 19 corridor include:

• A pair of three-story, 30,000-square-foot office buildings called the Pinewood Corporate Center, which received approval. Plans are in the works for a separate building that will house an Enterprise Car Rental facility.

• Marshall Crossing, a 16,000-square-foot retail center along southbound Route 19, which is near completion and beginning to lease space.

• Marshall Village, a 13,000-square-foot retail complex planned along northbound Route 19.

• Plans also are in the works for a Bentley Motors dealership to be built along southbound Route 19 adjacent to the Lexus, Volvo, Jaguar and Land Rover dealers.

There also are several properties, including some with homes, that are up for sale. Because the area carries a “town center” zoning designation, market forces may eventually result in those homes being converted for commercial use, McFadden said.

Plans for a 125-unit housing development along northbound Route 19 called the Park at Marshall eventually will reconnect Northgate Drive — long considered Marshall's “main street” — with Route 19.

“That is an important connection for us because we will be focusing on making improvements in that area during the next several years,” McFadden said. “I think it will be unrecognizable in five years.”

Plans call for repaving the road this year and installing sidewalks, curbs and off-street parking as part of the township's streetscape program.

Officials envision Northgate becoming a retail hub that caters to residents with specialty shops, restaurants and other businesses.

“The way we've seen it work is that as streetscape improvements are done, the value of properties increase,” said Nicole Zimsky, the township's planning director. “As property values rise, they become more desirable. I think the current property owners will eventually realize that it may be more valuable for them to sell or change the use for their property.”

As properties change hands and move to higher-value uses, there typically is a domino effect in which surrounding property owners make improvements that increase the values of their properties, Zimsky said.

While the commercial growth spurt Marshall is undergoing will be a boon to the tax base, it is unlikely to change the municipality's approach to doing business.

“When I was hired here 30 years ago, the message to me was we want controlled growth,” McFadden said. “We're glad to have development, but it's got to be done right. So we've put strong, well-written rules in place and enforce them.”

Resource: http://triblive.com/

Borough Council Delays Votes On Marijuana Penalty And Property Maintenance Code Amendments

The State College Borough Council convened for its biweekly meeting Monday night in the downtown Municipal Building, where it heard comments from students and community members alike over the course of three-and-a-half hours. Two proposed amendments — about marijuana possession and the Property Maintenance Code — took center stage during the meeting.

A proposed ordinance to make small marijuana possessions (under 30 grams of bud or eight grams of hashish) a summary offense rather than a misdemeanor was first brought to the Council by senior Luis Rolfo in March. The current model of marijuana enforcement in the State College community has serious ramifications for students, especially when it comes to tuition aid.

“If you are convicted of a drug crime, you can be disqualified from [student]loans. ARD (Accelerated Rehabilitative Disposition) is not a conviction,” State College Police Chief Tom King said. “After one year, if you don’t have a further crime, you can have your record expunged. [The proposed amendment] is just for the Borough. Of course, it would be treated differently if it were the Bryce Jordan Center or Beaver Stadium.”

On-campus housing located within the confines of the Borough, like South Halls, would create a sort of discrepancy for local law enforcement under the current system. “I can say that that is contrary to how law enforcement has practiced for 35 or 40 years, where Penn State Police do not routinely, or at all, enforce any Borough ordinances,” King said.

Though Philadelphia and Pittsburgh have both passed decriminalization measures, the current proposed amendment in State College does not technically fit the description of “decriminalization,” according to King. Those in possession of marijuana paraphernalia, for instance, would still be charged with a misdemeanor regardless of the amount of marijuana in their possession at the time.

State College defense Attorney Andrew Shubin was the first community member to speak favorably to lowering the penalties following King’s statement.

“From your constituents’ point of view, they’re worried about the criminal histories, they’re worried about how expensive it is to get involved with a marijuana contact, they’re worried about supervision, which can prevent them from doing what they need to do and showing up at work when they need to show up,” Shubin said. “There are license suspensions associated with a marijuana conviction, and student loans, so they’re worried about those things.”

Most other community members who voiced their opinions to the Council favored the adoption of a refined version of the ordinance. Mayor Elizabeth Goreham encouraged Borough residents to continue the conversation through the Council’s Engage forum.

The second topic of discussion was the proposed Property Maintenance Code amendments, which feature points of concern for students — namely the ban on interior furniture being used on outdoor porches and imposing a maximum occupancy for outdoor areas of fenced-in rental properties (read: potential regulation of outdoor daylongs, even those not held at fraternity houses).

UPUA President Terry Ford and UPUA Governmental Affairs Chair Shawn Bengali asked the Council to delay its vote on the amended Maintenance Code until the fall when students, who make up approximately 80 percent of the Borough, can be thoroughly informed enough to give their input in a constructive and fair manner. After hearing from quite a few more community members, and after Council yelled at the student advocates, the Council passed a motion to table the vote until late September or early October, but agreed to continue discussion on the amendment at summer meetings.

Resource: http://onwardstate.com

UPUA calls for State College to postpone Property Maintenance Code

The University Park Undergraduate Association has called on the State College Borough Council to postpone the decision to amend the Centre Region Building Safety and Property Maintenance Code until the fall semester.

According to a UPUA press release, State College sent 12 recommendations to the Centre Region Code Agency in November. Some of the recommendations — including requiring fraternity kitchens to be inspected regularly, enforcing occupancy limits within a gated fence and disallowing interior furniture to be outside — would affect student housing more than private residential housing.

Although students were promised inclusion in discussion before the amendments were finalized, the press release said students were not invited to participate until April 19, after a finalized draft had already been sent to council .

“The Council has historically been apprehensive to schedule major hearings or votes on matters affecting students during the summer months when a large portion of the student body leaves the State College area,” UPUA President Terry Ford said in the release.

Ford asked that borough council postpone its vote on the recommendations until the fall, when students can have a chance to share their input.

“While the proposed changes themselves seem largely disagreeable to many students, the process by which they have been introduced is of greater concern,” Ford said.

UPUA encourages students to attend the State College Borough Council meeting at 7 p.m. Monday at the State College Municipal Building, 243 S. Allen St.

Resource: http://www.centredaily.com

Property maintenance asked of residents, business owners in Garfield

The city is asking residents and businesses to perform property maintenance and to report any violations.

Property maintenance code enforcement officers are reminding residents that the purpose of performing property maintenance inspections is to improve the quality of life and ensure public health, safety, welfare and good sanitary conditions for all residents.

Keeping up with property maintenance will prevent the infestation of rodents, insects and other critters that seek refuge where properties are left untidy.

"Some of the common violations we are seeing on private properties are rubbish or trash, litter and overgrown vegetation including weeds, brush and shrubbery," maintenance officers said in a statement. "Not maintaining a good appearance of one’s property creates an unsafe, as well as unsightly and unhealthy environment to all residents. Inadequate sanitation can cause and harbor insect or rodent infestation, which can have a significant negative impact on the community."

Other common violations are unlicensed/inoperative vehicles, raised or broken sidewalks, household garbage not placed at the curb for municipal pickup or placing their garbage or recyclable material at the curb for pick up before 6 p.m. on the eve of their scheduled pickup.

An area that is neat, clean and well maintained attracts owners, occupants and businesses willing to keep the area attractive, if only to protect their own interests. The code officials with enforcement of sanitation, extermination and property maintenance regulations, can help a community maintain a positive self-image to the rest of the city and its visitors.

"A poorly kept neighborhood affects the self-image of a community as well as the impression of neighboring communities and visitors to the area," the maintenance officers said. "Responsible property owners and businesses may shy away from neighborhoods that look unkempt. As a result, property values decrease and a cycle can continue until the neighborhood is considered a slum resulting into a blight area."

Anyone who wants to report property maintenance violations can call 973-340-2000 and can reach Property Maintenance Code Enforcement Officers John Pinto at ext. 4046 and Robert Ridarick at ext. 4048

Resource: http://www.northjersey.com

Property maintenance code ballot confusing for some voters

Early voting has ended for the Jonesboro property maintenance code, but there is some confusion on what the ballots means.

If a voter does not want the code to go into effect, they must vote “for” on the ballot. This means the voter is in favor of a repeal of the code, which the council approved back in December.

However, if you would like to see the property maintenance code be enforced in Jonesboro, the voter must vote “against” on the ballot. Voting against means you would not like the code repealed, but rather enacted in the city.

If the code is not repealed, it will go into effect after the votes are made final by the election commission.

“Within 72 hours the election commission will certify the vote and as soon as it is it will go into effect," City of Jonesboro Communications Director Bill Campbell said. "We don't have to wait because this has already been approved by the council.”

Early voting has ended for the property maintenance code vote, but the polls will open back on Tuesday for the special election day.

Voters need to pay close attention to their vote because you cannot recast it.

Resource: http://www.ksla.com

Property management company remains silent; homeowners looking for answers

WEAR — Homeowners left in the dark after the company that manages their properties stopped doing its job are seeking answers as to how to move forward.

Renters have been paying their rent to Custom Property Management company, but the property owners haven't been receiving their money.

Many tenants on Tuesday are wondering what they should do as no one can seem to get a hold of the company.

CPM's clients and tenants are turning to other property management companies for help with hopes of getting some of their questions answered.

Susan Gonzalez, rental manager for Mark Downey & Associates said it was a busy day answering questions about CPM.

Gonzalez said, "I would highly recommend that they still be paying rent so that they're not held in violation of their lease."

Even though the future of CPM is unknown, many want to know what steps they need to follow.

"Tenants are wondering, do we pay our rent? Are we in trouble if we don't pay our rent? They're concerned about paying rent and then having it not go to the homeowner," Gonzalez said. "Homeowners are definitely concerned about getting their rent because most of them are needing that rent to pay their mortgage."

Other property management companies like Property Frameworks are in the midst of this issue as well.

Property Frameworks just acquired 21 units at Azalea Court.

Azalea Court was managed by CPM until recently.

Property Frameworks is still waiting for CPM to transfer nearly $20,000 in security deposits.

CPM's office was still closed on Tuesday but a new sign has been posted since the day before.

The sign stated CPM officials were "simply out of the office" touring properties.

Someone had also picked up some of the checks that had been dropped off in this box on Monday.

Gonzalez said homeowners need to make a legal governing body aware of the problem.

"The first thing the homeowner needs to do is actually make a complaint to FREC, which is the Florida Real Estate committee that governs all real estate agents and brokers," Gonzalez said.

She said tenants are still legally obligated to pay rent but there are ways to bypass CPM.

Gonzalez said, "We are recommending that they pay rent to the courthouse. They can actually go to the court, ask to speak to a clerk, and let them know what the situation is and they can pay their rent directly to the court."

However, an official with the landlord and tenant division at the Escambia County Clerk's office said although Chapter 83, part II of the Florida statutes governs residential tenancies for landlords and tenants, tenants can't post rent in the clerk's registry unless there is a pending eviction case filed against them.

Once a case has been filed tenants have five business days from the date of service to file a written response and/or post their rent and any future rent that becomes due during the course of the case in the clerk's registry at that time.

The clerk can't accept rent payments without an eviction case being filed or a court order in place directing the clerk to take a specific amount of rent.

In addition, CPM is not nor has been an accredited business with the Better Business Bureau.

BBB officials said the company is now under review after several emails and phone calls complaining about the company.

Resource: http://weartv.com

WinnResidential Scores Big Property Management Deal

WinnResidential has significantly expanded its West Coast property management operations with the additional of 4,420 units in California.

The move comes as the firm takes over management of 48 properties on behalf of Highridge Costa Investors.

To ensure a smooth transition for residential operations, the management takeover was completed in three phases over a period of six months, absorbing properties in and around Bakersfield, Fresno, Los Angeles, Merced, Sacramento, San Francisco, and San Jose.

The HCI assets now managed by WinnResidential are income-restricted, low-income housing tax credit (LIHTC) communities. More than 100 people were hired to cover the 48 sites, including two new senior property managers and additional human resources, financial, and compliance staff, and regional maintenance supervisors, announced officials.

Based in Gardena, Calif., Highridge Costa Housing Partners and Highridge Costa Investors specialize in the development, financing, construction, and asset management of affordable and mixed-income housing for families and seniors. The properties utilize LIHTCs as well as other types of public and private financing.

HCI ranks 48th on the National Multi Housing Council’s list of the nation’s largest apartment owners and managers. The company is also No. 11 on Affordable Housing Finance magazine’s list of affordable housing owners.

WinnResidential, which manages a national portfolio of more than 98,000 units at 570 properties, reported winning the right to manage the California portfolio after two years of successfully managing six HCI properties in Arizona.

In California, WinnResidential manages 91 residential properties in totaling 9,100 apartments in every category, from market-rate units to public housing. The firm is part of the WinnCos.
Donna Kimura is deputy editor of Affordable Housing Finance. She has covered the industry for more than a decade. Before that, she worked at an internet company and several daily newspapers. Connect with Donna at dkimura@hanleywood.com or follow her @DKimura_AHF.

Resource: http://www.housingfinance.com/

Homeowners frustrated with Custom Property Management

WEAR — Homeowners are feeling frustration and anger after a company that is supposed to manage their properties simply stopped doing its job.

On Monday, they want their money back.

Some homeowners have been with Custom Property Management of Northwest Florida company for up to ten years.

Most said they've never had an issue until recently.

They're left with more questions than answers as to what's happened, and when will they get their money.

Kristen Scales traveled from Savannah, Georgia to deal with the issue in person.

"We've been dealing with them for about two to three weeks," Scales said. "We haven't been receiving any of our funds."

Scales along with other homeowners gathered outside of CPM's office demanding answers.

Michelle Howell said, "It is frustrating because I hire them to do a job to collect my rent, take care of the renter if they have any issues, but I'm having to track my money down which is not what I hired them to do.

Homeowners like Karen Duggins claim CPM failed to do its job.

Duggins said, "I stayed for about an hour morning and it was one person after another. So I had no idea how many people were dealing with the same situation."

Many just want their money and to end their contracts with the company.

Scales said, "I don't want other people to have to go through this whole situation that I'm going through. How many people are getting paid this money. That's ridiculous."

CPM's office was closed on Monday.

Howell said, "I constantly try to contact them. Two weeks: No phone calls back, no emails back, nobody at the office. It's very frustrating."

Also, renters showed up to pay rent for the month of May to CPM.

Jamie Murphy had no idea there was a problem.

"I'm glad that they yelled at me, 'Don't put your money over there,' because I was just going to drop it in our box," Murphy said.

Confused renters wondered how to move forward.

"I hope that my money all along has been getting to the owner," Murphy said. "I hope that's not an issue for us."

Others like Lesslee Earnest said, "I don't really want to just leave my money sitting in a box and then not knowing where it's going to go. Who's going to get it."

Several homeowners plan to report this issue to the Better Business Bureau.

They also called the Escambia County Sheriff's Office and the State Attorney to report the issue.

The sheriff's office said this appears to be a civil matter and not criminal one.

The state attorney said they can only get involved if criminal charges are involved.

Resource: http://weartv.com

Team 10: Police investigating Carlsbad property management company

Carlsbad police are investigating a North County property management company after numerous homeowners complained the company took their money.

Team 10 first reported on Carousel Properties in April. Homeowners told Team 10 that the company and the owner, Kelley Zaun, collected money from their tenants, but never gave it to the homeowners.

A Carlsbad police spokesperson confirmed a case has been filed with their department, but did not go into specifics.

Rinda White hired Carousel Properties to manage her Vista home. She said the company owes her $1,800.

“We haven’t been able to travel to see the grandkids, we haven’t been able to buy things for our home that we normally buy. We’ve just been operating with gas and groceries,” White said via Skype from Texas.

Martin Benowitz said Carousel Properties owes him about $8,000.

“I was more than a little bit irritated,” Benowitz said.

Zaun has not spoken to Team 10 and her lawyer has not returned Team 10’s phone calls and emails.

Homeowners, however, showed Team 10 an email dated Wednesday that said Zaun is getting “additional help in all areas of my business; most notably, my bookkeeping.”

The email goes on to say she has an offer to join another company and feels it’s the “best possible system” for the homeowners.

Team 10 asked White if she would ever do business with Zaun again.

“Oh hell no! I’m sorry… no. Absolutely not. I do not trust her,” White said.

Resource: http://www.10news.com

Looking ahead - April 2016

April has been a relatively quiet month so far. This would seem to be the calm before the storm as we await developments in a number of areas which will have far reaching implications across the industry. By way of a stock take, we would hope further details on the following to be published before the summer recess:

•     The Autumn statement proposal to remove general damages for low value whiplash claims.
•     The accompanying proposal to increase the small claims track limit.
•     A Department of Health consultation on proposals to introduce fixed costs in clinical negligence claims. This may be extended into a wider government proposal to introduce fixed costs into all types of claim which the Civil Justice Council has begun to consider.
•     The Civil Justice Council’s report on proposals to introduce fixed costs and a new claims process in noise induced hearing loss claims.
•     The report from the House of Commons Justice Select Committee’s following its inquiry into court and tribunal fees.
•     A final report from LJ Briggs following his Civil Courts Structure Review.
•     Implementation of the recommendations to improve the regulation of Claims Management Companies and a decision on proposals to cap fees.
•     A government response to the Insurance Fraud Taskforce Report.

In the meantime there have been developments on:

•     Appeals and judgments to watch out for.
•     The Law Commissions’ review of the issue of Insurable Interest
•     The Third Parties (Rights Against Insurers) Act 2010
•     EU Commission consideration of Vnuk and the Motor Insurance Directive

Forthcoming cases

Supreme Court

Update - 2011 Riots: consequential loss of profit In The Mayor's Office for Policing and Crime v Mitsui Sumitomo Insurance Co (Europe) Ltd & Ors the issue was whether claimants are entitled under the Riot Damages Act 1886 to obtain compensation for not only for repairing the damage done to property during a riot but also for any loss of profit which may consequently have flowed from that damage, or for other indirect adverse economic consequences of the riot. Judgment was handed down on 20 April with the Supreme Court determining that the consequential loss is not recoverable.

Shipping claim: fraudulent devices The case of Versloot Dredging BV v HDI Gerling Industrie Versicherung AG on the question of whether an insurer was entitled to resist a claim due to the use of a fraudulent device was heard on 16 March.

New – Employers’ liability insurance: directors’ liabilities On 12 April the Supreme Court heard an appeal from the Inner House of the Court of Session in the case of Campbell v Gordon. The issue is whether on the liquidation of a company, a director who has failed to obtain and maintain insurance on behalf of the company as required by statute, incurs personal liability to an injured party for loss arising from that failure.

Update – Personal injury: landlord & tenant The appeal in Edwards v Kumarasamy has been listed for 5 May and will consider whether a landlord under a short lease of a premises, in respect of common parts of the building including the exterior of the building, was liable for his tenant’s injuries under the extended covenant implied into the tenancy by section 11(1A) of the Landlord and Tenant Act 1985.

Disability discrimination: buses FirstGroup Plc v Paulley concerns the Equality Act 2010 and the reasonable adjustments a bus company is required to make in order to accommodate disabled wheelchair users. The appeal is due to be heard on 15 June.

Personal injury fraud: setting aside settlement in Hayward v Zurich Insurance Company Plc the Court of Appeal rejected the insurer’s attempt to set aside a personal injury settlement when the claimant’s fraudulent exaggeration of his injury later came to light. The Supreme Court will hear this case on 16 June.

New - Abuse claims: non-delegable duty Ropewalk Chambers has announced that permission to appeal to the Supreme Court has been granted in the case of NA v Nottinghamshire County Council concerning the abuse of a child by foster parents and the duties owed by local authorities in those circumstances. Read more in our update on the Court of Appeal decision

Supreme Court cases awaiting developments We are awaiting further details for a number of cases where permission to appeal has been granted in recent months:

•     Impact Funding Solutions Ltd v AIG Europe Insurance Ltd on whether professional indemnity insurers have to indemnify solicitors in respect of loans taken out to cover the cost of disbursements
•     Google v Vidal-Hall & Ors which concerns data protection and compensation rights and relates to a dispute over the user information through cookies via use of the Apple Safari Browser.
•     Moreno v Motor Insurers Bureau on the question of applicable law in a personal injury claim brought against the MIB following an RTA in Greece.
•     Mapfre Mutualidad Compania De Seguros Y Reaseguros SA & anor v Keefe on whether a Spanish insured can be joined into the English proceedings already brought against the Spanish insurer.
•     Swynson Ltd v Lowick Rose an accountants' negligence case
•     Brownlie v Four Seasons Holidays Inc involving jurisdiction issues arising out of a fatal accident claim.

Court of Appeal

Update - Part 36: costs Although the claimant in Webb v Liverpool Women’s NHS Foundation Trust  failed on a number of specific allegations in her clinical negligence claim, she recovered damages in full and beat her own Part 36 offer. The judge made a percentage costs order to reflect the failure to establish all the allegations but awarded the claimant Part 36 rewards in full. The claimant appealed, and judgment was handed down on 14 April. The appeal was successful and she was awarded her costs in full.

Update - Professional indemnity insurance: aggregation The case of AIG Europe Limited v OC320301 LLP (formerly The International Law Partnership LLP) & Ors concerning the aggregation provision in the Minimum Terms and Conditions of Professional Indemnity Insurance for Solicitors and Registered European Lawyers in England was heard last month and judgment was handed down on 14 April. Read more in this new DWF update

Employers liability: training An appeal was heard on 12/13 April in the case of Quantrell v TWA Logistics in which an employee was injured whilst driving a fork lift truck. The case includes issues concerning the claimant's training.

Motor liability: taxi passenger An appeal will be heard on 27/28 April in Hicks v Young in which the claimant sustained a severe brain injury when he fell from a taxi. The case examined issues of negligence, contributory negligence and false imprisonment, and both parties were granted permission to appeal.

Motor: ex turpi causa In Beaumont & Anr v Ferrer the High Court rejected the personal injury claims of two claimants who were seriously injured whilst attempting to fare jump a taxi. The case is now going to the Court of Appeal on 28/29 June. See the DWF update on the HC decision.

Costs: fixed costs In Bird v Acorn the question is which stage of fixed costs should apply when a case drops out of the portal, is listed for disposal and then settles? The hearing will take place on 19/20 October.

Costs: fixed costs & the multi-track the question in Qader v Esure is whether fixed costs apply to a claim which starts under the low value personal injury claims protocol but subsequently proceeds on the multi-track. The appeal is listed for 25/26 October.

Motor liability: pedestrian children in AB v Main a car collided with children who had been playing at the side of the road but then moved into the road. The driver was held liabile with a 20% discount for contributory negligence. The defendant has leave to appeal the finding of primary liability. The appeal will be heard on 15/16 February 2017.

New – Credit hire: rates evidence On 21/22 February 2017, the Court of Appeal will hear appeals in two important credit hire cases in respect of rates evidence and the approach that a court should take in the event that the rates evidence does not reflect the claimant’s case. Clayton v EUI Ltd concerned the hire of a Ford Mustang, where there was a dispute as the reasonableness of the hire period, but where neither party’s rates evidence was tailored to the facts and McBride v UK Insurance Ltd, concerns the treatment of rates evidence that does not provide for a nil excess, or full CDW, which was the basis upon which the claimant had hired and what constitutes a “reputable national hire company”.

New – Portal claims: £400 clubThere have been press reports this week of a decision in the Cardiff County Court in which the judge has ordered reimbursement of pre 2013 stage 1 costs paid by insurers following an admission of liability but following which the cases did not proceed to stage 2. The judge granted a leapfrog appeal to the Court of Appeal which has been given a hear-by date of 28 February 2017.

County Court

Update - Costs: assignment of CFA The claimant’s appeal and the defendant’s cross appeal in the case of Jones v Spire Healthcare Limited concerning the assignment of a conditional fee agreement went part heard in December and and concluded on 19 April. A  judgment is expected in the next few weeks. In the meantime, DWF has also recently been involved in a case involving the attempted assignment of a CFA. Read more in our update on Webb v London Borough of Bromley.

Consultations

Update - Insurance contract law reform: insurable interest The Law Commission and the Scottish Law Commission have this week published a draft Bill following their review of the issue of Insurable Interest, having previously made proposals for reform in 2008 and 2011. They were asked to return to the issue due to the increased numbers of requests to write policies which include cover for children, cohabitants and to insure ‘key employees’ for substantial amounts. The draft Bill is intended to reflect the proposals set out in the issues paper and the Law Commissions have invited comments on the draft Bill by 20 May 2016 with a view to publishing a final draft Bill and report in autumn 2016.

Update - Fixed costs in clinical negligence claims With a consultation promised in early 2016 the Department of Health confirmed in January that its intention is to introduce Fixed Recoverable Costs in clinical negligence claims from 1 October 2016. We understand that APIL has been told that the consultation is now due to be published in May. The implementation date is still anticipated to be October and any changes to that date would be a ministerial decision.

CMA legal services study In January the Competition and Markets Authority launched a market study to “examine long-standing concerns about the affordability of legal services and standards of service.” The CMA plans to examine three key issues: whether consumers can make informed decisions about buying legal services; whether they are getting enough protection and satisfactory redress if things go wrong; and whether current regulation is distorting competition in the market. Interim findings will be published in July 2016 with a final report due in December.

Claims Management Regulation Carol Brady published the final report following her independent review of claims management regulation. The review had been commissioned by the Treasury and the MoJ to examine the perception of widespread misconduct among CMCs and make recommendations to improve the regulatory regime. Whilst acknowledging that there remains a legitimate need for CMCs, the review makes recommendations aimed at strengthening the existing regulatory regime. These include the re-authorisation of CMCs under a robust new process, and a ‘fit and proper persons test’ for those performing controlled functions within a CMC. The headline news though came from George Osborne in the Budget delivered on the same day, in which he confirmed that the government accepted the recommendations of the review and intended to transfer responsibility for regulating CMCs from the MoJ to the Financial Conduct Authority. Read more in our update.

The following consultations are awaiting official responses:

Update - MedCo: call for evidence Following publication of the outcome of the MoJ’s Call for Evidence relating to the operation of the MedCo Portal last month, the MoJ recently carried out a brief consultation, which was isolated to the definition of an MRO for the purpose of receiving instructions via MedCo. The consultation closed on 15 April. Read about the outcome of the Call for Evidence in our update.

Claims Management Regulation: fees cap In February the MoJ published a consultation on proposals to cap the level of fees that regulated CMCs can charge consumers. It is currently only proposed that the cap should apply to the financial products and services claims sector. However, the consultation does invite views on whether fee controls in the personal injury sector should be considered as well. The consultation closed on 11 April.

Court fees increase: Justice Committee Inquiry The House of Commons Justice Committee has concluded its inquiry into the effects of the introduction and levels of increased fees across criminal courts, the employment tribunal and the civil courts. From a civil justice point of view the Committee was particularly interested in hearing about the effects on access to justice and the competitiveness of the legal services market internationally. Transcripts of all of the written and oral evidence can be found on the Inquiry webpage and the report of the Committee is now awaited.

Court fees increase: government response and further consultation As we reported in December, the MoJ responded to the court fees consultation with proposals to implement fee increases of 10% across the range of civil proceedings but also to retain the cap on issue fees in money claims at £10,000. The implementation dates for these changes are awaited although the long outstanding increases in the fees for a consent application and for an application on notice came into force on 21 March.

Discount rate consultations The process of reviewing the discount rate and the methodology in setting it began in August 2012. In August 2014 it was revealed that a panel of experts was to be appointed to prepare a report giving expert investment advice to assist with the review but the panel only began its considerations in March 2015. An MoJ update in January confirmed that the expert panel’s report had been received and was being analysed by the MoJ to enable the Lord Chancellor to consider the matter further. However they were not in a position to indicate when an announcement on the rate would be made.

Legislation

Update - Enterprise Bill: late payment of insurance claims This Bill which was introduced in the House of Lords last September includes provisions which will give policyholders a right to damages for late payment of claims. On 19 April the Bill returned to the House of Lords for final consideration and both Houses have now agreed on the text of the Bill which now waits for the final stage of Royal Assent. Read more in Jacquetta Castle and Robert Goodlad's article on recent developments. You can also follow the Bill’s progress here.

Update - Third Parties (Rights against Insurers) Act 2010 The Insurance Act passed in early 2015 made amendments to the TP(RAI)A 2010, to enable it to be finally brought into force. In February the government published the draft Statutory Instrument needed to bring the 2010 Act into force, accompanied by a written statement from Lord Faulks indicating his intention to make the regulations as soon as possible. The Regulations have in the last month been approved by both Houses and the Law Commission is hoping that the 2010 Act will be commenced between July and October.

Riot Compensation Act 2016 In March 2015, the Home Office published a draft Bill to replace the Riot (Damages) Act 1886. In the aftermath of the 2011 riots, various aspects of the 1886 Act were found wanting, including the restrictions on type of property covered and the basis of compensation. The proposed Bill preserves the general principle of state compensation but introduces a compensation cap of £1 million per claim and expressly excludes the right of recovery in respect of consequential losses. The Bill also provides a new, modernised definition of “riot” and proposes reforms to the claims process. The Bill had its third reading in the House of Lords on 22 March and received Royal Assent on 23 March. Details of the Bill can be found here or for further information please contact Fiona James.

Update - Motor insurance: implications of ECJ Vnuk ruling for UK legislation In late 2014Transport Minister Robert Goodwill confirmed the government's intention (pdf) to amend the Road Traffic Act to comply with the Vnuk judgment. In October 2015 a ministerial response to a written question about invalid vehicles suggested that an impact assessment was being prepared ready for a consultation on any changes. Speaking last week at an Insurance Post Claims Club event the MIB’s technical head Paul Ryman-Tubb confirmed, as we have reported previously, that attention has turned to the EU Motor Insurance Directive. He said that the EU Commission is beginning to understand the complexity of the judgment and it is likely that the Commission will make an announcement shortly. You can read more in this Post article (subscription required)

Negligence and Damages Bill This Private Member's Bill was introduced last October by Middlesbrough MP Andy McDonald and is supported by APIL. Part 1 of the Bill seeks to place people who suffer psychiatric harm after witnessing the death or injury of others on a similar footing in terms of their entitlement to compensation, to those suffering direct physical harm. Parts 2 and 3 aim to repeal the Fatal Accident Act 1976 which currently allows payment of only a fixed sum for bereavement damages and to introduce a new approach similar to that already taken in Scotland, providing for different amounts to be awarded and with increased categories of people and relationships eligible for compensation. Whilst these types of Bill rarely become law, we will be monitoring progress. The second reading has already been postponed on a couple of occasions due to lack of parliamentary time. It is now due to take place on 22 April. You can find more information on the Bill's web page.

Mesothelioma (Amendment) Bills Since the introduction of the draft legislation to govern the Diffuse Mesothelioma Payment Scheme Lord Alton has campaigned for an additional sum to be levied on insurers to invest in research into the disease. A proposed amendment to the (then) Mesothelioma Bill was narrowly defeated and since then, numerous attempts have been made to introduce the provision through Private Members' Bills. The current attempt comes in the form of two Bills, one from each House. Lord Alton's Bill has had its second reading and MP Mike Kane's Bill is due its second reading on 22 April, again following postponement for lack of time. In the meantime, in the recent Budget George Osborne announced £5 million of funding from LIBOR fines for a new mesothelioma research centre.

Also on the horizon...

Autumn statement: small claims track & low value whiplash claims We await the consultation on the government's proposals to remove the right to general damages for minor soft tissue injuries and to increase the small claims track limit for personal injury claims to £5,000. It is now expected in June with any subsequent reforms expected either in April or October 2017. Read more about the proposals in Simon Denyer’s update.

MedCo Following its failed judicial review of the MoJ’s decision to randomise selection of Tier 1 MROs in the MedCo search function, Speed Medical is seeking permission to appeal. Read more about the judicial review judgment in Nigel Teasdale's update. On accreditation, MedCo announced last month its decision to bring the training in-house and also that the date by which experts must be accredited is extended to 1 June 2016.

Insurance Fraud Taskforce As we have reported previously, the Taskforce’s final report was published in January (read more in our update). Since its publication there have been a number of developments which appear to complement the work of the Taskforce. The Home Secretary announced the launch of a Joint Fraud Taskforce which is intended to create a new era of collaboration within the financial sector. We now have Carol Brady’s review of Claims Management Regulation and the SRA last month issued a warning notice to solicitors of the ‘risk factors when dealing with personal injury matters’.

Mesothelioma claims: LASPO funding provisions In late 2014 following a Justice Select Committee inquiry, the government decided not to end the exemption from the application of LASPO provisions on recoverability to mesothelioma claims. They said a further review of the likely effects of the funding reforms on mesothelioma claims would be carried out in due course and this will now form part of the Post Implementation Review of LASPO which is due to take place between April 2016 and April 2018. In the meantime FOIL wrote an open letter to the MoJ highlighting that the ongoing exemption is prejudicing mesothelioma claimants who are not receiving the 10% uplift on general damages and whose claims are not settling quickly. FOIL recommends a mesothelioma portal with an accompanying fixed costs regime to expedite straightforward claims.

NIHL claims: government action In June 2015 the ABI published its report Tackling the Compensation Culture: Noise Induced Hearing Loss, improving the claims system for everyone which highlighted concerns about the increasing numbers and cost of NIHL claims. In late July the MoJ announced that in response to those concerns it had asked the Civil Justice Council to consider the issue and make recommendations. They are to consider how a fixed costs regime for NIHL cases might work and how the handling of these claims might be improved. The group was aiming to prepare an initial report by November with a final report by April 2016 but we have not yet seen any initial recommendations. In the meantime, at a recent conference DWF examined the issues involved in dealing with fraudulent NIHL claims. Read more in our update

Fixed costs extension: Civil Justice Council Last month the Gazette reported that the Civil Justice Council had invited senior judges, lawyers, costs lawyers and academics to start looking at the ‘principle’ of extending fixed recoverable costs. This comes after LJ Jackson’s speech in January proposing fixed costs in claims worth up to £250,000 and the government’s confirmed support for the principle of extending fixed recoverable costs. The first meeting was due to take place on 11 March and we await further details of the discussions.

Civil Justice Council (CJC) review of Damages Based Agreements The government's response to the CJC review of DBAs is awaited. In September the CJC made a number of recommendations but the main issue of interest going into the review was the government’s decision not to permit hybrid DBAs, and in particular concurrent hybrid DBAs. Under this type of hybrid “a law firm receives concurrent funding via both a DBA and via some other form of retainer (e.g. discounted hourly rates), in the event of the claim’s success; and receives discounted hourly rate fees in the event of the claim’s failure.” The Working Group was divided on whether these should be allowed but it concluded that “it was a policy decision which was ultimately one for the government” and “the government should be encouraged to evaluate the arguments in favour”. Read more in the CJC media release

Civil Courts Structure Review: LJ Briggs' Interim Report In February Lord Justice Briggs published an interim report for his review of the structure of the civil courts. The headline recommendation was the introduction of an online court capable of handling claims with a value up to £25,000. This also fits with last year's recommendations from Richard Susskind's advisory group. Comments on the interim report were invited by 29 February with a final report due by the end of July 2016. Read more in Simon Denyer's update.

Motor Insurers' Bureau: new agreements In February 2013, the Department for Transport consulted on a review of the Uninsured and Untraced Drivers Agreements. We have previously reported on the new Uninsured Drivers Agreement which came into force for accidents occurring on or after 1 August 2015. The DfT also published a Supplementary Agreement to the Untraced Drivers Agreement, although work continues on a new Untraced Drivers Agreement, with a further DfT response expected in due course. The new agreements can be found on the MIB website

Resource: http://www.lexology.com

Realty Finance Trust, Inc. Announces Formation of Special Committee to Consider Strategic Transactions

Realty Finance Trust, Inc. ("RFT" or the "Company"), a publicly registered, non-traded real estate investment trust, today announced that the Company's Board of Directors, with the unanimous agreement of all directors, has recently formed a special committee of the Board consisting exclusively of independent directors to consider exploring a potential strategic transaction with a related party, and granted the special committee the exclusive authority to consider, review, evaluate and, if appropriate, negotiate a strategic transaction on behalf of the Company.  In addition, the Board of Directors granted the special committee the authority, when considering such strategic transaction, to solicit expressions of interest or other proposals for, and to consider, any alternative transactions. These transactions may include a possible sale or merger with one or more related or unrelated entities, listing the Company's shares on a national exchange or the sale of assets.

The special committee has retained special legal counsel and is in the process of engaging a leading real estate investment banking group as financial advisor.

To date, the special committee has not engaged in any substantive discussions or negotiations related to the terms of a transaction with this related party or any other party. In addition, there has not been any exchange of information or any entry into non-disclosure agreements with any party. There are no assurances that the consideration of any strategic alternative will result in a transaction.  RFT does not intend to comment on or disclose developments regarding the process unless it deems further disclosure is appropriate or required.

About Realty Finance Trust, Inc.

RFT is a publicly registered non-traded real estate investment trust that seeks to originate, acquire, and manage a diversified portfolio of commercial real estate debt investments secured by income-producing properties. RFT targets loans and securities – diversified by duration, geographic location, property type, ownership, and tenancy – that will serve as the foundations of a portfolio that produces cash distributions for its shareholders. RFT's management and origination teams aim to invest where the demand for commercial real estate debt capital exceeds the supply of such capital.

Forward-Looking Statements

The statements in this press release that are not historical facts may be forward-looking statements. These forward looking statements involve substantial risks and uncertainties. Actual results or events could differ materially from the plans, intentions, and expectations disclosed in such forward-looking statements. The words "anticipates," "believes," "expects," "estimates," "projects," "plans," "intends," "may," "will," "would," and similar expressions are intended to identify forward-looking statements, although not all forward-looking statements contain these identifying words. The Company may not actually identify any viable strategic transactions, execute any strategic transaction, or achieve the plans, intentions, or expectations (including enhancing shareholder value) disclosed in these forward-looking statements, and you should not place undue reliance on these forward-looking statements. Factors that might cause such differences include general business and market conditions, the Company's business strategy and leverage, the Company's ability to identify and implement any viable strategic transactions, and other factors included in RFT's reports filed with the Securities and Exchange Commission ("SEC"), particularly in the "Risk Factors" sections of RFT's latest Annual Report on Form 10-K for the year ended December 31, 2015, filed with the SEC on March 11, 2016, as such Risk Factors may be updated from time to time in subsequent reports. RFT does not assume any obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.

Logo - http://photos.prnewswire.com/prnh/20151023/279993LOGO

Resource: http://www.prnewswire.com/

ConnectWise Announces Enhancements To Its Cloud Service Management Tool

Tampa, FL (GLOBE NEWSWIRE) - ConnectWise® a company that transforms how technology solution providers successfully build, manage and grow their businesses, today announced additional capabilities for ConnectWise CloudConsole™, a tool that eases the management, monitoring and billing of cloud services. The new enhancements provide ConnectWise partners with expanded options to purchase Microsoft Office 365; improved reporting, billing and invoicing; and easier access via multiple ConnectWise screens.

“This set of upgrades are focused on giving our partners improved flexibility, more efficiency and increased opportunities as they manage their growing cloud services,” said Craig Fulton, General Manager, ConnectWise Business Suite.

Highlights of the latest CloudConsole release include:

•     New purchasing and provisioning options – Partners now have the ability to purchase and provision Office 365 licenses from any authorized vendor.
•     Improved reporting – Partners now have more ways to customize reporting with greater data granularity.
•     Customized billing and invoicing – Partners now have extensive flexibility in how they bill and invoice clients.
•     Better access – Partners are now able to access CloudConsole from both “company” and “contact” ConnectWise screens.

The latest enhancements, which dramatically reduce the time required to provision and procure Office 365 licenses as well as bill for cloud services, are designed to increase profitability and efficiency in the cloud for CloudConsole users.

Fulton said the response to the multi-tenancy cloud management solution has been phenomenal since the solution launched in February.

“In just under three months, more than 514 partners managing close to one million seats of Office 365 have chosen CloudConsole to give them a competitive edge and to streamline operations as their clients transition from on-premise systems to the cloud,” he said. “The cloud movement is real, and businesses that want to keep their customers must be able to provide cloud services as part of their portfolio of offerings. ConnectWise is committed to being there with them every step of the way.”

To learn more about CloudConsole and its new features, register now for a May 19 webinar that is scheduled for both 11 a.m. EDT and 7 p.m. EDT.

About ConnectWise
ConnectWise® transforms how technology solution providers successfully build, manage and grow their businesses. Through the ConnectWise® Business Suite™ – a comprehensive set of award-winning solutions that deliver a seamless user experience – ConnectWise gives its partners the ability to increase productivity, efficiency and profitability. Just as importantly, ConnectWise’s relentless commitment to innovation and unparalleled passion for partner success assures its partners have comprehensive business support through every step of their journey. Today, more than 100,000 users in over 50 countries take advantage of the competitive edge that comes from ConnectWise solutions and its powerful network of ideas and experts. For more information, visit www.ConnectWise.com or call 800-671-6898.

Resource: http://www.bsminfo.com

Processing of demolishing vacant homes

COLUMBUS, Ga. – Abandoned homes in the Columbus area attract bugs, rats, and even homeless people. There are more than 100 homes on the City of Columbus’ demolition list. Jeannie Brinson lives next to one of those homes on Meritas Drive.

“It scares me. How can I sleep? I don’t know who is going in here and why they’re in there. You hear noises all night,” said Brinson.

She says homeless people are staying in the vacant homes. For example, this homeless man, 60-year-old Wayne Parmer, was found in a vacant home last October. The coroner says he died from cardiac arrest. Exactly who is in charge of fixing the problem? Director of Inspections and Codes John Hudgison explains the process.

“We want the property owner to take care of it because it is in all intents and purposes their property so we want them to do it and we will assist them in any way we can,” said Hudgison.

If you live near an abandoned home. Here’s what you can do. Call the Citizens Services Office. Property maintenance inspectors will do an initial inspection. The owner is then notified and a hearing is held. Next, the property owner gets a letter.

“That owner has 45 days to comply with the complaints to either say hey we’re going to repair it or no we’re going to demolish it,” said Hudgison. “You’ve got family members or next of kin or people that live here that don’t live here.  We’ve got a couple properties that’s owners are in Texas so, trying to get that person in to get the information to them to let them know this process is started.”

Next comes the demolition hearing, which is the fourth Wednesday of every month.

“We give them another letter depending on the assessment that we’ve done on the property.  If it’s over 50 percent, we tell them that we suggest that you get it torn down.  And if it’s under 50 percent, that if you have plans to rehab it you know we’d like to hear that so, we know that the process is moving forward,” said Hudgison.

The city’s demolition contractor prices the job.

“They do asbestos samples. They check the property out. They give us a cost of what it will cost for them to tear it down and dispose of it properly,” said Hudgison.

If the property owner hasn’t done anything, it goes to city council.

“We’ve met some of them on site and told us they were going to do things and we come back 30 days later and they haven’t done it so, we’re to the point where we take it to council and get approval from council to demolish the buildings,” said Hudgison.

The property owner will get billed from the city if city’s contractor demolishes the house.

One homeowner has hired a private contractor to clean the home out and tear it down, instead of the city having to pay thousands of dollars to tear the home down.

“This property is basically unsound property, which is a danger to the neighborhood,” said Teresa Young.

Hudgison says inspectors come out every 30 days to check on this property, as well as all of the properties on their list until they look like this.

“We don’t consider a case closed until it is raised to the ground. There is grass growing in the lot,” said Hudgison.

Brinson is anxiously waiting for this house to be raised to the ground.

“It makes us seem like we are slum people. We got businesses over here,” said Brinson.

Dora Davo owns a car repair shop across the street.

“It’s sad to see how it is right now because thirty years ago we lived there and we moved out. To see it everyday going down is worse and worse. We’d rather see it demolished,” said Davo.

Hudgison says the whole process usually costs between $6,000 to $8,000. He says they get 15 to 20 calls a day about vacant homes, but most of those homes are already on their list.

It is illegal for people to enter an abandoned home, but Columbus Police say they don’t get too many calls about it.

Resource: http://wrbl.com

County clerk launches task force to take on zombie homes

Monroe County Clerk Adam Bello announced the creation of the task force on Thursday. It is made up of lawmakers, bank leaders, neighborhood groups and other community leaders. Some of the goals include reducing the number of properties that go into foreclosure and improving the upkeep on vacant homes.

Members of that task force want to help create changes to laws associated with these homes. It's important to remember a lot of these vacant homes are owned by banks headquartered hours away from Rochester. We asked Monroe County Clerk Adam Bello how he'd get them to fall in line.

Alexander Swydynsky lives across the street from a zombie home in Irondequoit. The zombie property is in rough shape; the roof is sagging and a vacancy notice has been on the front door for the past three years.

"The property is worth more with the house down than with it up," says Swydynsky. "With the three years that I've been here, I notice that the bank has not been able to do anything about it."

We checked with the county clerk's office and found out that U.S. Bank began to foreclose on this house earlier this year. Four years after another bank began a similar process. There are thousands of vacant properties like this across the Rochester area.

"We know what the problem is," says Monroe County Clerk Adam Bello.

Thursday, Bello announced the creation of the Vacant and Abandoned Property Task Force -- made up nearly of two dozen people. We asked Bello what he would do about the banks.

"There are representatives from the banks who serve on the task force and we'll be asking them to come in and talk about some of the challenges they have," says Bello.

Chris Horvatits: "These are banks that are headquartered in large cities nowhere near here that may or may not even care. So in what way can you make them care?"

Bello: "That's what speaks to the regulatory and statute changes we're going to recommend and advocate for on the state and federal levels."

Horvatits: "Can you give us a preview as to what some of those statutory changes might be?"

Bello: "That's what the task force is for. I don't want to put the cart before the horse."

Swydynsky hopes the task force listens to people just like him. "They can involve the people in the community to actually voice their opinions."

Swydynsky will have a change to do that. The task force will be holding meetings throughout the county this June and July.

Resource: http://www.whec.com

Augusta City Council approves city-wide NRP

The Neighborhood Revitalization Program is intended to promote revitalization of designated areas of the City of Augusta through rehabilitation and redevelopment of the areas and a tax rebate incentive is available for the improvements to properties located within the area.
 

Discussion concerning the “designated area” continued at Monday night’s City Council meeting.
 

Disagreements have arisen concerning the original intent of the NRP. Using the word “blighted” to describe neighborhoods goes against the grain of a proud community. The program was created for rehabilitation and new builds in blighted areas of communities. Numerous cities have pushed the designated areas to include other parts of town that are in no way blighted or deteriorated. Extending the program to city-wide enables tax rebates to newer properties.
 

Augusta’s newest version of the NRP includes the entire area in the city limits and is similar to El Dorado’s NRP, which is also city-wide.
 

 “I’m not against NRP, but I am against some of its uses and it shouldn’t be city-wide,” Councilman Tom Leffler said. “I don’t feel it’s revitalization in north neighborhoods with vacant lots. It doesn’t seem right to build new houses with this money. That’s not revitalization. It should be left south of Belmont.”
 

Councilor Ron Reavis agreed, “I have trouble taking it city-wide...It lists criteria required for revitalization and for example in the Lakepoint addition where I live, I don’t think anyone with common sense would say that the Lakepoint Addition meets the criteria. At the most, maybe there is room for six new houses there.”
 

 Reavis continued, “The state’s intent was to improve neighborhoods and take care of blight...The attorney general’s opinion says it should not be construed to include entire municipalities. I can’t say that our entire town is blighted.” 

 “This is about competition. It doesn’t just come down to parks and schools. If a family doesn’t care where they live, they will choose where the tax abatement is. I live in the Lakepoint area and there are empty lots with tall grass - that’s blight. If this passes, those lots will get sold. We are competing with El Dorado, Rose Hill and Derby. The game book has changed. The attorney general never said we couldn’t do this,” Councilor Justin Londagin responded. “In regards to the lots in Lakepoint - we have ordinances in place to take care of the grass in those empty lots,” Reavis said.

Resource: http://www.butlercountytimesgazette.com

Keyrenter Offers Best Solution to Residential Property Management in Weber County, Utah

Keyrenter Northern Utah has opened its doors in Ogden, Utah. This should be a welcome relief to the many accidental landlords who have found themselves in the rental business, partially due to their inability to sell. Although retail sales are up, the number of potential buyers continues to dwindle.

Owners Chuck and Pam Slone report that rents are on the incline and have increased 3-5% annually for the past three years. According to Zillow, the median price for a single family home in Weber County is $174,000. With a 30-year mortgage at 4.5% interest, the monthly payment would be around $1,050 while the rent value could easily exceed $1,300. Ogden, Utah offers more affordable housing where a similar property can be rented for $800.

New housing development continues, with the majority of expansion coming from the multifamily sector. Hill AFB continues to grow with the F-35 Squadron coming in, but there is currently no end in site for the trend toward rentership. This is great news for property investors. "Finding qualified tenants can be a challenge to do-it-yourself landlords," said Chuck. "Keyrenter alleviates that problem because we're able to reach a large pool of potential tenants through syndicated advertising. Our 14-point tenant screening process keeps our eviction rate below 1%."

"Before using our services, many of our clients believed that professional property management is a luxury for the wealthy. Nothing could be further than the truth. In reality, we're able to maximize their investment, reduce their risk, and relieve their stress. We're accessible 24/7 to take those late night emergency phone calls," said Chuck. "The key differentiator between us and our competitors is transparency and our commitment to superior customer service. We treat every property like we own it ourselves."

Chuck is actively involved in the local REIA and UAA chapters.  "He has a great ability to connect with people, assess their needs, and help them achieve their financial goals through real estate investment," said Aaron Marshall of Keyrenter Franchise. "His vast experience and network of friends and real estate professionals is a tremendous asset to his clients."

Keyrenter Northern Utah is a full service real estate company. For help buying, selling, or managing  property, contact Chuck@KeyrenterNorthernUtah.com.

Resource: http://www.prnewswire.com

Do you really value your property management team?

When a property manager is mentioned, most people don’t think much of it. The term seems pretty self-explanatory, yet it certainly entails more than most people may comprehend.

I define a property manager as someone who wears many hats – i.e. building inspector, project manager, nurse, psychologist, pest controller, smoke alarm tester, detective, financier, tax accountant, police officer, debt collector, solicitor, mediator, social director, therapist – the list could go on forever!’

Over the last decade, landlords’ service expectations have increased dramatically and, as a result, so have the demands placed on property managers. This means that property management has evolved into a career – not just a job!

The majority of property managers are still handed a desk, phone, computer and a budget to spend on advertising and/or training, and are then expected to be happy – even thankful – that the business owner has provided these for them! These provisions are tools that are required to carry out the job and grow your business.

Business owners – stop this mentality!

You must now, more than ever, understand your property manager’s motivations, wants and needs and, more importantly, truly appreciate what makes up the role of a property manager.

Start bridging the gap by scheduling weekly meetings with your property management team. Have one-on-one meetings with each member regularly. Work together towards goals – both yours and theirs. Talk through issues with them.

The majority of property managers want to please you, but remember:

    They want to be rewarded for their efforts. Remember they are paid a fraction of what the sales agents are and usually put in just as many hours.
    They want you to recognise their achievements and congratulate them.
    They want you to invest in training for them, but remember this also helps you. It is mutually beneficial and therefore should not be utilised as a reward.
    They want to feel safe when carrying out inspections.
    They want to be able to talk to you – you need to be approachable.
    They want to be able to come to you with problems and have assistance with problem solving.
    They want to know that you support them 100 per cent.

But most importantly, they want you to understand the role and be appreciative of the extremely exhausting work they carry out on a daily basis.

Communication and understanding will ensure that your business has a high staff retention rate in the property management department.

Is your office guilty of this?

The look on my face when the topic arises probably says more than the words that come out of my mouth, but I am repeatedly startled when I hear a property manager advise me that they do not have standard letters, policies or procedures – or worse, that they have them but they live in a drawer and are not utilised.

I genuinely believe this is a substantial portion of what makes the difference between a leading agency and a mundane one.

It is clear that standard letters, policies and procedures have been greatly undervalued and are more than likely one of the largest factors in loss of property from a rent roll.

We all recognise that landlords become unsettled when a property manager progresses on; however, one must look to their policies and procedures for stability throughout this period.

Owners want continuity and they also want to understand what is occurring – remember the change doesn’t just concern you.

Advise them of the circumstances, but continue with the use of your policies, procedures and standard letters so that they know what to expect.

The greatest mistake a business owner can make is hiring a new employee who is going to use different forms and letters, and change your procedures because they have their own way of completing tasks. This unsettles owners – and is more likely to be the reason for your loss of property than the shift of the previous property manager.

If you don’t have standard letters, policies and procedures in place within your office, you are leaving your business open to staff burnout, unsettled owners and loss of income.

You can create these documents yourself, or there are numerous companies that offer standard letters for an upfront or monthly fee.

It is something so simple, yet seldom utilised.

Resource: http://www.rpmonline.com.au

Airbnb managers take on real estate agencies

Airbnb property managers plan to take on real estate agents by targeting property owners in inner-city Sydney and Melbourne.

Airbnb property management start-up HeyTom took on a Darlinghurst two-bedroom terrace that was being rented out for around $700 a week and it is now renting it out on a short-term basis on Airbnb. This has delivered the owner an average of $815 a week, after HeyTom's property management fee is taken out.

HeyTom co-founder Luke Baker wants to cut into the lucrative rental management market by convincing landlords of inner-city properties to switch from traditional rental agencies  which lock landlords into a six-month to 12-month agreement and longer  to a short-term rental model without doing all the "dirty work".

"We're definitely going to eat into the real estate market. We're trying to bridge the gap between the sharing economy and the real estate economy," he said.

Airbnb is a website for landlords to rent out a house or a spare room on a short-term basis and has been traditionally regarded as a competitor to the hotel industry. As Airbnb property management becomes more commercialised, it is beginning to cut into the rental management market.

Co-founder Joel Cacciotti said for the right investors, usually owners of properties in inner Sydney CBD and eastern suburbs,  the start-up can provide better maintenance of the property. He visits the properties  up to multiple times a week, a model he says works better than quarterly or six-monthly inspections.

"Real estate agents are the guys who wear nice suits, drive nice cars and inspect the property maybe every three to six months. Whereas we will get dirty and hands on," Mr Cacciotti says, clad in a flannel shirt and jeans.

HeyTom launched launched in April and already manages 10 properties, which are rented out on Airbnb.

About half of the properties are managed on a shared risk model where HeyTom takes a 20 per cent commission out of the landlords' total revenue. The other half are managed on a fixed-fee model where landlords would get a guaranteed monthly rental income which is 10 per cent above the market rental rate.
Guests want hotel-like experience

Since last year, Melbourne-based Airbnb property manager HostKeep has signed up 35 properties. For an average CBD property, co-founder Stephen Colman has delivered a rental income that is 25 to 75 per cent higher than the average rental income, after the 18 per cent commission, cleaning fees and other fees are taken out.

Mr Colman admits while the right properties have high occupancy rate, there is no safety net of a long-term contract.

"We can't guarantee any income per month. But landlords are attracted to the flexibility, they can still come down to Melbourne and have a holiday," he said.

Despite the high risk profile Colman has had many interests from property owners. So far, Mr Colman rejected around two thirds of interested landlords because the properties are in the outer suburbs, the properties had more than two bedrooms or the properties were too quirky.

"Properties that are a bit unique actually perform worse. What we find is people want a generic style, that is as close to the hotel experience as possible," Mr Colman said.

Mario Borg, principal owner of Mario Borg Strategic Finance, said start-ups like HeyTom and HostKeep were unlikely to pose a threat to traditional real estate agents because investors still prefer consistent cashflow to cover the mortgage payments.

However, Airbnb property managers could offer a lucrative option for those wanting for higher returns without having to be hands-on with the guests.

"It depends on what risk tolerance the investor has. If they're risk averse they're probably going to sway more towards a set lease, whereas if you're more aggressive you might choose an Airbnb and service apartment scenario," he said. "With anything in life, the higher the risk the higher the return."

Resource: http://www.afr.com