May 20th, 2012
A plan to put a five-storey condominium complex in Quidi Vidi Village attracted much criticism and little praise at a public hearing in St. John‘s.
Powderhouse Hill Investments wants to put a 24-unit building on land that developer Bill Clarke owns off Forest Road, just at the entrance to the village, a centuries-old enclave that is known for exceptionally narrow streets and a cosy feel.
“This development adds nothing to Quidi Vidi Village,” said Bernadette Arsenault, one of more than a dozen people who spoke at the meeting at St. John’s City Hall.
Many of the concerns were about parking and traffic, and what the development may mean for the skyline and heritage look of the neighbourhood.
Michael Mallard said the proposal would be an eyesore.
“I think the look of the building, or any apartment building of that size, down in that area, is going to look stupid,” he said.
Architect Dick Cook, who is working with the proponent, told CBC News that the proponents agree with residents who are worried about the impact on traffic loads.
“We’re sympathetic to their cause, quite frankly,” he told the St. John’s Morning Show.
Cook said Powderhouse Hill Investments would like to work with the city to find a solution to divert traffic away from a tight corner in the village, and has land that may be useful.
“The traffic is [already] going to get a lot worse down there,” said Cook, referring to the redevelopment of the Pleasantville neighbourhood on the opposite side of Quidi Vidi Lake. Thousands of commuters already drive by Pleasantville — including many coming from the Outer Ring Road — to reach downtown St. John’s.
“That is going to increase the traffic tremendously.”
Residents also spoke out the density of the project. Cook said it was necessary to build in numbers for economy of scale, and that most condominium complexes built in St. John’s lately have been larger.
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May 20th, 2012

Dear PAO, My fiancée’s former boyfriend died 10 months before I met her. My fiancée and her deceased boyfriend bought a condominium then. Its title was issued under their names. I told her to get a copy of the death certificate of her late former boyfriend and take steps to have the property transferred to her name. Will she need to go to a probate court for this? He has a legal family. Will the legitimate family have right over the condominium? Paul
Dear Paul, According to you, the condominium was registered under the name of your fiancée and her former boyfriend, who is already deceased. Since their names appear in the condominium certificate title, it is presumed that they are co-owners of said property. There is co-ownership whenever the ownership of an undivided thing or right belongs to different persons. The share of the co-owners, in the benefits as well as in the charges, shall be proportional to their respective interests. The portion belonging to the co-owners shall be presumed equal, unless the contrary is proved (Article 484 and 485, Civil Code).
Since the condominium is co-owned, your fiancée cannot have the whole property for herself even if it was purchased during her relationship with her former boyfriend. When the latter died, your fiancée automatically became co-owners with his heir, who is his legal family. His legal family has rights over the half portion of the condominium by reason of succession. Succession as define under Article 774 of the Civil Code is a mode of acquisition by virtue of which the property, rights and obligations to the extent of the value of the inheritance, of a person are transmitted through his death to another or other either by will or by operation of law. Thus, your fiancée shall only be entitled to the entire condominium if the legal heirs of his late former boyfriend would sell or donate or otherwise transfer their rights to the former.
On the other hand, if her late former boyfriend left a last will and testament designating your fiancée as legatee or person to whom the property was to be given, your fiancée needs to go to a probate court for the allowance of said will. It is only after the probate court allowed the will shall your fiancée be entitled to the share of her late former boyfriend. Nevertheless, the designation as an heir shall not have any effect if there was preterition. There is preterition if the legitime of one, some or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator was omitted (Article 854, Civil Code).
Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are stated or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to
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May 17th, 2012
CORAL GABLES, Fla., May 16, 2012 /PRNewswire/ – The following is being issued by Construction Lawyers, LLP.
The Runaway Beach Club Condominium Association announced today that it has recovered in excess of $3,000,000.00 for a construction defect lawsuit against the various parties involved in the development and construction of the resort community. The project, originally constructed as apartments in 2001, and later converted to condominiums, is comprised of 192 units and is located in Kissimmee, Florida.
The case was filed in the Osceola County Circuit Civil Court on January 28, 2010. The alleged defects consisted primarily of defective and leaking roofs, and leaking and improperly installed windows, with associated damages.
The case was mediated by John Freud and later by Larry Watson. After several mediations and approximately three months before the scheduled trial date, the case was ultimately settled. Christopher Coglianese and Stephen Hauptman were the handling attorneys.
Construction Lawyers, LLP
Elaine Gower (619) 980-3281 (Media) Copyright 2012 Construction Lawyers, LLP. All rights reserved.
For Terms of Use Privacy Policy, please visit www.constructionlawyersllp.com
Press / Contact: Christopher J. Coglianese, Esq.
Construction Lawyers, LLP
Tel: (954) 765-3201
Email: ccoglianese@constructionlawyersllp.com
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May 17th, 2012
A two-alarm fire is racing through a large condominium complex on Southwest 40th Avenue and Multnomah Boulevard. Just before 5 p.m., firefighters had knocked down the worst of the fire and had moved inside to douse remaining flames and embers.
Officials are asking residents and motorists to avoid the area.
Paul Corah, a fire bureau spokesman, said the three story building was fully involved when they arrived. He said at least 35 firefighters responded to the fire at 7931 SW 40th Avenue.
Corah said paramedics treated an unknown number of victims for smoke inhalation.
“Our first priority was to get anyone inside, out of the building,” he said.
A live television image from our news partner, KGW, showed one firefighter fall through the collapsed roof, but the firefighter was not injured, fire officials said.
Corah said two firefighters were taken to the hospital for treatment of minor burns and heat exhaustion. Check back for updates.
View Larger Map–Stuart Tomlinson
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May 13th, 2012
Steal from a condominium association, go to prison: That’s the message sent by a judge who sentenced a former South Florida property manager to nearly two years in prison for theft of about $500,000 from bank accounts of the community she was supposed to be protecting.
On Friday, 49-year-old Lourdes Rodriguez of Pembroke Pines was sentenced in Miami-Dade Circuit Court to 21 months in the state penitentiary for one count of first degree grand theft. Rodriguez pled guilty to the charge on May 10, according to a press release from Miami-Dade State Attorney Katherine Fernandez Rundle.
“Sadly, this trusted condo employee started using the association’s monies as her personal piggy bank,” Rundle said in the release. “It is truly appalling that the very person hired to help the condo owners make ends meet instead stole the money needed to keep their condo running. .”
Prior to her arrest, Rodriguez served as the property manager for the Atlantic II at the Point Condominium Association in Aventura, which oversees a community of 168 condo units and a building boasting panoramic South Florida ocean views. But it was the cash she apparently had her eyes on.
Authorities say Rodriguez opened credit card accounts in the name of the Atlantic II association, and had unauthorized payroll checks issued in her name, to pay personal expenses, including possible gambling debts. They say she then used association funds she had access to as a part of her job to pay the credit card bills. Police uncovered $466,309 in unauthorized transactions.
The board president of Atlantic II declined to be interviewed for this report.
As part of her sentence, Rodgriquez was ordered to pay restitution to the association and its insurance companies, which had paid out on policies to cover the losses
dvasquez@tribune.com, 954-356-4219 or 561-243-6686.
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May 13th, 2012
QUESTION: when deciphering condominium documents and rules and regulations promulgated by the board, when the documents are out of synch – i.e., the articles and bylaws say different things, which document controls? – C.O.
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May 10th, 2012
Your only protection between the crooks and your million dollar home investments..
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May 10th, 2012
Fourth time lucky.
So hopes NDP MPP Rosario Marchese, long-time champion of condominium law reform, as his latest legislation cleared a major hurdle Thursday.
The Trinity-Spadina MPP’s private member’s bill passed second reading in the house and now goes to a legislative committee for public hearings. Marchese believes it could it be enshrined in law before year’s end, which would be good news for Ontario’s 1 million condo owners.
Under his proposed law, there would be a condo review board, a tribunal to resolve disputes among owners, condominium boards, property managers, and developers.
His bill would also address construction matters such as soundproofing and improve new home warranties.
Celebrating his 60th birthday — Liberal and Progressive Conservative MPPs serenaded him with “Happy Birthday” in the chamber — the veteran New Democrat said the political stars are finally aligning for his crusade.
Because Ontario has a minority Liberal government, the opposition NDP and Tories have greater control over the committees that pore over new bills.
“I am hoping . . . because of the minority situation, we might be lucky enough to get it through the whole process,” said Marchese, whose three previous attempts at reform were quashed by the then-majority Liberal government.
“Every other bill I have introduced gets supported in second reading, but when it got sent to a legislative committee controlled by the government — in this case the Liberal government — they simply did not allow my bill to go forward for hearings. It died each and every time,” the MPP said.
Consumer Services Minister Margarett Best was not in the chamber for the vote, but said the government is examining the issue.
“We are planning to review the Condominium Act. Certainly, it’s something . . . my ministry is looking into at this point in time,” Best told reporters after question period, promising “a very comprehensive review of the act.”
“We look forward to moving on this,” the minister said, praising Marchese for creating “a great opportunity to have a discussion on this issue.”
The New Democrat said something must be done because “condo owners have no legal protections in this province.
“When owners have problems with developers or property managers, they have little recourse other than going to court, which is an expensive proposition for most people and can take years to reach a decision,” he said.
“Buying a condo is the biggest purchase most people will make in their lives. It makes no sense to give condo owners less consumer protection than someone who buys a car.”
Todd Hofley, president of the Liberty Village Residents Association and a nine-year condo owner, said he “can’t be enthusiastic enough” about Marchese’s legislation.
Hofley it would resolve most of the major issues condo owners now face in their homes.
In a statement, Dean McCabe, president of the Association of Condominium Managers of Ontario, conceded the 1998 Condominium Act needs revision, but urged a “broad-based approach that includes all stakeholders,” including developers.
Progressive Conservative MPP Jim McDonell (Stormont-Dundas-South Glengarry) said while his party feels “there are some good points in this bill,” there remain concerns about creating a new tribunal bureaucracy.
“We have to listen to the stakeholders. There has to be a low-cost dispute measure,” said McDonell.
“The money has to come from somewhere, and all condominium owners will pay one way or the other.”
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May 10th, 2012
PROPERTY
The Estate Co is planning two condominium projects on Charan Sanitwong Road close to where the MRT Blue Line will eventually extend.
The 185-unit Estate@Thaphra, a condominium project on a 500-square-wah plot at Soi Charan Sanitwong 6, will open sales on May 19.
CEO Sumrith Thanakarnjanasu said condominium supply is limited in the area.
The Blue Line is being extended from Bang Sue station to the Charan Sanitwong-Phetkasem intersection at Tha Phra. The extension project will likely be completed by 2016.
”The area is densely populated and there are around 20 to 30 apartment buildings near our project. These are our target customers,” said Mr Sumrith, also CEO of Universal Apparel Group, a garment manufacturer.
There have been no new condominium projects on Charan Sanitwong Road between Tha Phra and Pin Klao junction since 2007.
On May 19, the company will offer 185 units at The Estate@Thaphra, a condominium project on a 500-square-wah plot at Soi Charan Sanitwong 6. The company hopes to sell all the units in four months and expects sales to total 300 million baht.
The project will be an eight-storey building with one-bedroom units 24.5-36.8 square metres in size. Prices will start at 1.29 million baht, or 57,000 baht per sq m.
Units at another condo, located on a two-rai site on Soi Charan Sanitwong 13, will be offered by the second half of the year. Prices will be around 50,000 baht per sq m and the total sales value is estimated at 500 million baht.
The company has an ongoing project _ the Kiree Racha _ at Si Racha, Chon Buri. It has 130 units and a total estimated sales value of 600 million baht.
Mr Sumrith developed The Colory Vivid, a condominium project in Huay Kwang, two years ago under the One Property Development Co name.
The Estate is a joint venture formed by a number of Thai executives: Chaiyapong Vechamamontien, owner of sportswear manufacturer Liberty Garment and The Racha in Phuket; Thiraphong Chansiri, president of Thai Union Frozen Products Plc; Viboon Tuangsitthisombat, CEO of Nan Yang Textile Group; Chaiyapat Chaturongkul, senior executive of Boon Rawd Brewery Co; and Mr Sumrith.
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May 7th, 2012
By Maila Ager INQUIRER.net
Senator Antonio Trillanes IV. INQUIRER FILE PHOTO
MANILA, Philippines – Senator Antonio Trillanes IV on Monday branded as “well-orchestrated” and “malicious” insinuations in media that he bought two condominium units in Mandaluyong City worth P7 million each.
“In response to these obviously well-orchestrated and malicious reports masquerading as blind items, I hereby categorically deny that I have bought a unit or units at the Twin Oaks Condominium, Mandaluyong City,” Trillanes said in a statement.
“I further state that I do not have any property not declared in my statement of assets, liabilities and net worth (SALN),” he said.
Trillanes admitted that he felt alluded to in the blind items of Arnold Clavio and Deo Macalma in separate radio programs, the same subject that appeared in the column of Jojo Robles in Manila Standard.
“I am willing to accompany these media personalities to the developer of Twin Oaks to clarify this issue once and for all,” the senator added.
Saying he is an advocate of a free and independent media, Trillanes also appealed to the media to its part in promoting “responsible journalism.”
In his SALN as of December 2011, the senator declared only three properties – two residential lots on Cavite and Antipolo City and a condominium unit in Paranaque City, which he bought at P3.5 million.
Trillanes declared total assets of P10.6 million and liabilities amounting to P6.784 million or a total net worth of n of P3.897 million.
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