In response to the enormous volume of mortgage foreclosure filings pouring into the Miami-Dade court system, Chief Judge Joseph P. Farina of the 11th Circuit entered an administrative order in April establishing the 11th Circuit Homestead Access Mediation Program, also known as “CHAMP.” Effective May 1, 2009, the order requires mortgage lenders and owners of homestead property to attempt mediation as soon as a foreclosure case is filed.

The Collins Center for Public Policy has been appointed as the organization that coordinates the mediation, financial counseling and other services within the program. The $750 fee for participation is initially borne by the mortgage lender, and the order requires that a case be processed by the program within a period of 120 days – which will further delay existing foreclosures.

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Trouble at The Tower?
By Ivette Machado, Esq.

All is well at The Tower, a fictitious condominium that is operated by The Tower Condominium Association, Inc., until it was discovered that Mr. Investor, an owner of a unit at The Tower, is proposing to lease his unit to Mr. Shady. Upon further inquiry it is discovered that Mr. Shady is a registered sex offender.

Once this information is presented to the association's Board of Directors, the board members scramble to consider whether they have the authority to prevent Mr. Investor from leasing his unit to Mr. Shady.

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Bringing your Pool into Compliance with the Virginia Graeme Baker Pool and Spa Safety Act
By Stephanie M. Chaissan, Esq.

On December 19, 2007, the federal government enacted the Virginia Graeme Baker Pool and Spa Safety Act to promote pool safety by imposing mandatory federal requirements for suction entrapment avoidance in public pools and spas. The act pertains not only to the manufacture, importation and sale of suction outlet fittings (drain fittings and covers), but also to entrapment avoidance systems in all public pools and spas. As the act includes within the definition of public pools and spas those pools open exclusively to the residents of a multi-unit apartment building complex, it is applicable to condominium, community and homeowners associations.

The act mandates that each public swimming pool or spa must have certain equipment as of December 19, 2008, including special drain covers and devices or systems designed to prevent entrapment by pool or spa drains.

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