Category: Personal

Newspaper columnist and author Erma Bombeck once humorously advised parents to never lend a vehicle to anyone to whom they’ve given birth. If only life could be that simple. Most parents don’t find deflating the tires and locking away the keys from their teen driver a feasible approach and will eventually let their teen driver borrow the car.

Just because you’ve decided to let your teen get behind the wheel doesn’t mean that you want to hand the keys over haphazardly. There are several things that you can do to prepare your child and help relieve some of the uneasiness you might feel.

1. Enroll in a motor club.

One of the most important features is that the emergency roadside service you pick offers 24/7 roadside assistance. Your teen will then be able call for professional help whenever he/she might need it. You may also consider asking your motor club if they offer emergency roadside services for when your teen is riding in a friend’s car.

2. Have a candid conversation with your teen about driving.

You’ll never know your teen’s knowledge and attitude about driving if you don’t talk to them. Although the graphic details of what can happen when speed limits, stop signs, signal lights, and roadwork cautions are ignored might not be fun topics, it’s important for kids to know the consequences of their driving actions.

You’ll also want to establish ground rules for using the car, such as how many passengers will be allowed, what time it should be returned, and where it can and can’t be taken. Keep in mind that some state laws will dictate the answers to some of these questions.

Another topic of discussion should be drinking and driving. No parent wants to believe that their sweet and levelheaded child would be the type to drive intoxicated, but the reality is that even good kids can be foolish or succumb to peer pressure. Make it clear that you’ll have zero tolerance for both drinking and driving -and- riding with someone else drinking alcohol. At the same time, you’ll want your teen to know beyond a doubt that they can call you anytime they get into a bad situation and you’ll be there to come pick them up.

3. Purchase a global positioning system.

A GPS is a device that you can install to apprise you on the location of your vehicle and teen. You will establish a radius of operation for the device. The GPS will alert you if the teen takes the vehicle outside of your set radius, is driving the vehicle beyond their curfew, and if they break the speed limit.

4. Purchase a speed-monitoring device.

This device, also called a governor, restricts the fuel injection of the vehicle. This restriction prevents the vehicle from going over a certain speed. In addition to standard GPS and governor devices, there are also much more expensive high-tech options like tiny on-board drive cams that capture risky driving behaviors on video.

If you feel like you’re being intrusive, just keep in mind that NHTSA data shows the crash rates for drivers between 16 and 17 years of age are nine times that of an adult driver. As your teen driver becomes a more experienced driver and develops safe driving habits, you can always reconsider your approach.

Not everyone wants to actually own a unit in a condominium complex which is why some purchasers buy units as investment properties. The practice has become widespread enough to become a major problem for many condominium associations. To understand the scope of the problem, you need to understand how the secondary mortgage market operates.

The secondary mortgage market is the place where primary mortgage lenders sell the mortgages they underwrite to obtain funds to originate other new loans. Fannie Mae and Freddie Mac are secondary mortgage lenders who originate a large number of condominium loans for purchase and refinance. They impose restrictions on the number of investor units in a condominium association. Usually no more than 40 or 50 percent of the units can be investment properties available for renting. If an association goes beyond these limitations, new purchasers as well as unit owners wishing to refinance find it difficult to get a mortgage from these lenders.

That’s one of the reasons why you need to check that the unit you are contemplating renting is a legitimate rental property under the condo association’s governing documents. They spell out the policy regarding renting. If the governing documents contain no rental restrictions, then owners have the right to rent their units at will.  However, some governing documents may allow unit owners to rent, but they must do so for a minimum period. That means you must rent the unit for a specific period of time like a year. This restriction is usually intended to prevent short-term rentals resulting in a revolving door of tenants. If there are specific restrictions allowing the board to make reasonable rules and regulations regarding rental issues; these rules cannot violate any state or federal statutes.

The importance of determining the legitimacy of the rental unit is also imperative in terms of safeguarding your rights as a tenant. There are two areas of major concern, rent increases and unlawful eviction. Your landlord may increase your rent, but the increase must be “fair and equitable.” If you are legitimately renting and you think that the rent increase is not fair and equitable, you can file a complaint with the local governing body that handles rent complaints.

The other concern is protection from unjust eviction. The “Just Cause” law protects tenants who live in a building or complex, which has at least five dwelling units. It says that your landlord can only evict you for certain reasons:

·        Nonpayment of rent

·        Refusing to agree to a “fair and equitable” rent increase

·        Not following rules and regulations of the building

·        Not following the provisions of the lease

·        Not meeting obligations toward the property such as protecting the property from being damaged, interfering with the neighbors’ peaceful enjoyment of the property; or failing to keep your unit clean and safe

·        The apartment is being permanently removed from the housing market

·        Your landlord plans to use the apartment as his/her own permanent residence

The term “condominium” in real estate law refers to a large complex that is divided into individual units and sold. When a purchaser buys one of the units in the complex, they enter into a dual ownership situation. The first type of ownership is the acquisition of individual and absolute title to the particular space their unit occupies. That means that they own the area formed by the walls, floor and ceiling of their unit and everything inside including interior partitions, cabinets, appliances and fixtures. They technically do not own the land. However, their ownership of their individual unit is as complete and absolute as a homeowner’s ownership of the house that they buy. They have title to their unit just as they would if they had purchased a single-family home. Additionally, they have the same legal status as a single-family homeowner.

A title search is performed when someone purchases a condominium, just as it is when someone buys a house. This search will disclose any problems with the title of the unit along with any liens against the condominium building or the complex itself. Once the title search is complete and there are no problems, the purchaser receives a deed to their unit.

Because ownership is in the individual unit, the purchaser needs to be sure that the location of his/her unit is precisely and accurately described in terms of space. The physical boundaries of the unit must be pinpointed with the same accuracy that locates a piece of land and distinguishes it from all other pieces of land.

This description is arrived at by dividing, measuring and locating the unit in three-dimensional terms so that it cannot be confused with any other unit space. The legal ramifications of this description are significant. The description safeguards the purchaser from involvement in the interests or obligations of owners of other units in the condominium. The description is also fundamental in obtaining a mortgage and disposing of the unit through sale or by bequeath.

The second type of ownership is an undivided interest in all of the common parts of the property, such as the main walls, roofs, halls, lobbies, stairways as well as the land. This ownership is held collectively with all other unit owners in the condominium. The condominium management controls these common properties. Management is usually made up of a board of unit owners who manage the day- today operations of the complex like garbage collection, landscaping and snow removal.

Because of the shared ownership of common areas, the unit owner has to abide by the legal documents, which govern the association. These documents are known as the Declaration and the By-laws. The Declaration delineates the percentage interest that each unit has in the association. That percentage determines the unit owner’s voting rights and payment obligations.

The By-laws spell out board member qualifications, how the board administers policies and how it oversees the maintenance and administration of the association. The by-laws will also include the rules about meetings, voting, proxies, budget, assessments, insurance coverage, and restrictions on the use of the units and the common areas. 

If you contact your insurance company to verify coverage for a particular claim, it goes on your record.  Even if you call your agent directly, they might be obligated to inform the insurer of your inquiry.  Too many inquiries, even if you never file a claim, can jeopardize your policy.  Too many claims, regardless of their size, can result in non-renewal at the end of your policy’s term.

Here are several ways to stay under the radar with your insurance company:

• Don’t file for small claims.  When property damage occurs, get estimates first before calling your insurer or agent.  Pay for small repairs yourself, if possible.
• Consolidate coverage.  Have your homeowner’s and auto insurance with the same company.  The insurer might think twice about canceling if you’re likely to pull the other coverage and move elsewhere.
• Increase your deductible.  If you heed the earlier advice and don’t intend to file for small claims, save the money you’re spending on a policy with a $250 deductible and raise it to $500 or even $1000.
• Insure your home for its replacement cost, instead of the balance of the mortgage, and save money.  Approximately 25 percent of your mortgage represents the cost of the land.  If your home burns to the ground, you’ll still have the land.
• Stay with the same insurer indefinitely.  You’ll build up a track record, and your insurer might refrain from canceling your policy if you do have a claim. 
• If you purchase a house, check into a homeowner’s policy before your closing date.  Thanks to the Comprehensive Loss Underwriting Exchange (CLUE), there is a database of insurance claims that inform an insurer if a particular house has ever been subject to a claim.  If previous claims were paid on the house, you’ll have a hard time obtaining coverage, even if you’ve personally never filed a claim.  Furthermore, any insurance you’ll find will be more expensive than standard rates.

At the same time, if you’ve filed claims before and purchase a new home, you could be denied a policy, not because of the house, but because of your own claims history. 

Call your state’s insurance commission to ask about state regulations concerning non-renewal or cancellation.  A few states have laws that prevent an insurer from refusing to renew your policy for claims caused by acts of nature.

Living in a condo can be risky business if you fail to discover where you are vulnerable so that you can remove or at least lessen your liability.  As always, any liability assessment starts with the condo association’s master policy.

There are four basic types of risks that associations must protect themselves against. The first is property loss, which means physical property as well as intellectual property such as legalities of the association’s operations. The second is liability resulting from a person or legal entity filing a claim against the association. The third is any unplanned loss of revenue or increase in expenses in an accounting period, and the fourth is losses resulting from the inability of an association employee or board member to continue in their current capacity.

In order to manage the risk associated with these losses, condo associations generally have master policies that include:

• General Liability – for claims of bodily injury or property damage
• Workers’ Compensation and Employer’s Liability – coverage of employees against injury while they are working
• Directors & Officers – to cover claims of negligence or malfeasance by association leaders
• Fidelity Bond – for claims of misappropriation of association funds

These policies can be written separately, but they usually are combined into one umbrella policy.

As a unit owner, you need a personal policy to cover personal property. Your policy is typically written on Form HO-6. The liability coverage on Form HO-6 is similar to other homeowner’s policies, but the property coverage is not.

Form HO-6 covers your personal property, as well as improvements, additions, and private ownership spaces such as balconies, private entranceways and private garages. However, the policy only covers physical damage to property if it is caused by a named peril that is specified in the policy. Named perils are standard and include events such as fire, lightning, storm, explosion, riot, aircraft, smoke, vandalism, theft, and broken glass.

Your personal property is not covered for damage resulting from perils listed in the exclusions section of your policy. These usually include damage that occurs from enforcement of building codes, earthquakes, floods, power failures, neglect, war, nuclear hazard or intentional acts of destruction.

As the condo unit owner you also have to be vigilant about property loss in the master policy coverage.  In general, a condo association’s master insurance policy will require you to share a part of the loss if the building is damaged by fire, lightning, vandalism or the weight of ice or snow. Remember, as the common owner of shared spaces, you assume the liability connected with damage to those shared spaces. Your personal insurance coverage will provide you some relief from this debt, but be advised that you may want to consider augmenting it. That’s because a policy written on Form HO-6 entitles you to collect up to $1,000 for loss assessments charged to you by the condo association. Be aware that Form HO-6 has a unique feature in this regard. When a loss is covered by both the condominium’s master insurance policy and your individual policy, your homeowner’s insurance will only pay for the balance of the loss that remains after the master insurance policy pays 100 percent of its limit.

Understanding the features of your personal coverage as well as the master policy will help you know your rights and responsibilities in the event it becomes necessary to collect on your coverage.

According to the National Association of Realtors, most average home buyers look at 10 to 12 homes before making a purchase. However, some can painstakingly look for months, even years, before finding the one.

With such a long and tiring process, it’s very easy to get starry-eyed when you finally find the house with the perfect exterior, outdoor space, paint, room sizes, and so forth. Within a month, you’ve bought and moved into your new home. It’s at this point that you discover the roof is leaking and the foundation is cracked; suddenly, everything isn’t as perfect as you imagined.

A lot of homebuyers, especially those buying their first home, get caught up in a situation just like the above by focusing most of their attention on all the pretties and easily fixed dislikes of a home. All the red flags that signal the house might be more expensive or more trouble than it’s worth are overlooked or ignored. That’s not to say that your perfect house should be nixed for having a few flaws, but you do want to avoid having one of the largest purchases you’ll ever make turn out to be a lemon. Here are a few tips on some common problem areas:

1. Foundation

Foundations are one of the most expensive repairs facing a homeowner. Therefore, it should be one of the first things a homebuyer checks. Look for any cracks in the stone or concrete basement walls, brick fireplace wall, around all windows and doors, and along the outside brick veneer. These can be the first sign of an structurally unsound foundation and should be further inspected by a professional before the home is purchased.

2. HVAC

If the home has HVAC to heat and cool it, then make sure to ask about the system’s age and operation, look for any poorly connected vents, and watch and listen as the unit runs. Minor issues with the system can reduce how energy-efficient the home is and increase electric bills, while a total replacement can cost several thousand dollars in immediate expense.

3. Electrical

A home built in or before the 1930’s could still have knob-and-tube electrical wiring. This can be a problem if it has been tampered with, such as from attic insulation being blown-in atop the wiring. Such tampering can create dangerous fire hazards. Furthermore, most insurers don’t consider this type of electrical system safe and will charge you higher premiums or turn you down entirely. Keep in mind that rewiring the entire home will be a multi-thousand dollar expense.

4. Water Damage

Homes that have had water damage or leak issues might be hiding several expensive fixes and dangerous health issues like mold. Look for the signs of past leaks, such as any brown or white stains along the basement, main level, and upper level walls; mold growth under sinks; and horizontal stains along any bare floors. While fresh paint, especially in a basement, may just be updates, it could also be designed to hide the stains of water damage.

5. Look Twice

The first walkthrough of a home is often with rose-colored glasses. Even if you want to make an offer, take a few days to collect your thoughts and return to view the home at least one more time.

6. Pricing

There’s a big difference between getting a good deal and coming across a home with a price too good to be true. Suspiciously priced homes or sudden large price deductions can be indicators of an undisclosed problem, which is why a home inspection is so important.

7. Home Inspection

Home inspections can be a buyer’s best friend and a seller’s worst nightmare. Never make an offer before getting a home inspection. Get a second opinion anytime a home inspector files an inconclusive report.

Be safe rather than sorry.  First-time homebuyers can avoid many of the pitfalls to buying a home by just knowing what red flags to look for and not ignoring them.