02.29.08
Posted in Politics And Government at 9:16 pm by admin
“I don’t hate predators. If there weren’t hawks in this country, those in other countries would show up here. Do not misinterpret “Hawk” to mean I approve of George W. Bush and Richard Cheney and their Hermann Goering protégés in the Pentagon. Bush is a mouth and a pen; he’s in a different league altogether than his vice president. Cheney is a vulgar, immoral, sadistic subhuman.”
It would be safe to say that Bob Miller doesn’t like the Bush administration, nor does he take to kindly the war in Iraq. But why? A personal rift with the men at the top? Another rebel looking to make a name for himself by campaigning against authority? Or a talented author and political activist that gives his all for the chance to share his views and talk about what he perceives to be the ‘evil’ of the Bush family?
A loyal American citizen and Veteran of the Vietnam war, Bob Miller is also one of the country’s leading authors, portraying both wit and humour amongst the most serious of all subject matter. In his latest book “Kill Me If You Can, You SOB”, Bob draws on the entries he made in his diary during the height of the Vietnam war, expressing both comedy and horror in equal measure from the blindingly honest portrayal of military life at the time.
Having stood for the Senate back in 1992 as a Republican candidate, it’s not as if Bob is leveraging Bush’s foreign policy for political gain. More accurately Miller is determined to carry on his life’s work in spreading the message of the evil and hatred propagated by the Bush regimes, and campaigning for an end to the aggressive foreign policy handling of the US authorities over the last half century.
Never afraid to speak his mind, Bob Miller has been made out to be a rebel and one of the more controversial modern writers, yet his aims are simple: to express his opinions about the underlying problems with the Bush administration, which in his eyes is driven by the greed and desire for personal wealth and power. Never has a writer crossed such difficult issues with the grace of Miller, avoiding political bias and focusing on the truth of the matter, particularly in “Kill Me If You Can”.
Criticizing the Bush family and standing up against corruption since 1976, Bob Miller has been widely regarded as having extreme views on the war in Iraq, the real reasons behind the invasion and the link with 9/11, and was taken in for questioning by the US Secret Service back in 1990. Furthermore he has been slated in the media as a controversial figure for speaking the sometimes brutal truth about the current state of the American government. Yet unlike many of his peers Miller brings to the table an honesty and integrity that comes from first hand experience of the horrors of war and fighting for a thankless US government. Who is Bob Miller? You decide.
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Posted in Pets And Animals at 9:09 pm by admin
Unfortunately our ratty friends are rather prone to respiratory diseases and Mycoplasma Pulmonis (MP) is the most prevalent one.
Symptoms of MP
Laboured breathing, chattering, weight loss, sneezing, sniffling, squinting, rough hair, Porphyrin staining (red staining) around nose and eyes.
In more severe cases your rat may have pneumonia, infertility, miscarriage and death.
MP can also cause an inner ear infection, so watch out for head tilting in your rat.
Prevention of MP
Your rat will be more susceptible to MP if he is stressed. Try to keep his life as stress free as possible by keeping him stimulated (see toys and games page) and keeping his home clean.
Pollutants and exposure to ammonia and faecal material (pooh) will also make your rat more susceptible to MP. Keep you rat in a clean, uncrowded and well-ventilated cage with clean and safe bedding. Do not use shavings, as these will aggravate MP and may cause other diseases too.
If you get a new rat keep them in a separate cage, in a separate room from your other rats for two weeks. This is a quarantine period. As MP can spread to other rats easily.
What is Mycoplasma Pulmonis?
Are you ready for the science bit?
Mycoplasma is a PPLO (pleuropneumonia-like organism). It is different from other forms of bacteria, as it doesn’t have a cell wall (this is important to remember when treating it). There are 95 types of Mycoplasma, but rats get the kind called Mycoplasma pulmonis (MP). Mycoplasma is the organism genus and pulmonis is the organism species.
MP is carried in the upper respiratory system. It causes a blistering effect on the surface of the lungs and can cause secondary infection. However genital mycoplasmosis is common in female rats and although they do not always have an infection they will have reduced fertility.
MP is very fragile outside of the host (your rat) and it is very susceptible to heat, detergents and disinfectants. This means that washing your hands with hot water will kill MP.
People can’t catch MP, but we can carry it on our clothes and skin for short periods of time. Mycoplasmas live in respiratory passages and lungs, so if we sneeze we could transmit it to our rats. MP can infect an entire rat colony as they transmit it by sneezing, grooming and sexual contact.
Although MP is very delicate and has a slow rate of growth, once it takes root in a rats system it can be difficult to get rid of. MP mimics your rats antigens fooling your rat’s system into ignoring the invading organism.
Rats can be more susceptible to other respiratory diseases once they have MP, as it compromises the integrity of the lung wall.
Treating MP
Not all antibiotics work on MP. This is because some antibiotics attack the invading organisms cell wall and remember MP does not have a cell wall, so these antibiotics will be useless.
You must use the correct antibiotics as soon as possible. Remember there are other pathogens that effect rats, so make sure it is MP before you begin treatment.
Good antibiotics to use are:
Doxycycline combined with Baytril. This should be given in an oral form using a syringe, or dropped in your rat’s favourite liquid food (Ginger loves soy milk). Give your rat 2.5mg/pound (make sure you get an accurate weight of your rat using electronic scales). Give this twice a day for 14-30 days.
Aminophylline can be used if your rat has pneumonia to help it breathe more easily. Give 2.5-5mg/pound two times a day.
Prednisone can reduce inflammation, and can be used with other antibiotics. In the advanced stages of MP this will allow your rat to live more comfortably. Give 0.25-1mg/pound once a day. Only ever use this for a few days at a time, unless your rat is dying, in which case keep it up until he passes.
Make sure your rat is getting enough fluids. You may wish to use a syringe, or eyedropper to give water to your rat by hand. If your rat is not eating properly use a vitamin and calorie supplement, such as Nutrigel. This tastes nice, so your rat should take it easily.
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Posted in Uncategorized at 9:03 pm by admin
Gaming has taken root and there are no signs of the popularity abating. Children as well as adults are all hooked to computer and video gaming in a big way. And, the internet has added a dash of excitement into gaming as players can now not just play online but compete online.
The gaming world realizes that if they are to sustain a multi-billion dollar business they must care not just for the gamers but their parents too. The Entertainment Software Rating Board or ESRB has issued video gaming tips as a guide for parents. The ESRB is the one that tests video games and rates them so that parents can select suitable games for children of different age groups.
1. Parents must check the ratings and examine the rating symbol on the front of the package as well as read the content descriptor at the back when buying a game. The ESRB site http://www.esrb.org has in depth information about games rated by them.
2. Never depend on advertisements, always talk to parents and older children to get an holistic view of the game you intend to buy.
3. Be a friend to your child and play the games with him or her. There is nothing like a hands on experience.
4. Beware of online gaming as very often the game has unrated components. Online gaming also has features like chats and exchange of ideas and information. Parents must teach their kids especially very young ones about the dangers lurking on the internet.
5. Learn all about downloadable mods that alter the content of games. Mods can change the appropriateness of the game for young players so parents must be vigilant.
6. Always invest in video game consoles and handhelds that have parental controls. This will enable you to limit the gaming content your children can access. Using parental controls will ensure that the children only play games that are appropriate to them.
7. Know your child’s nature and buy games that will nurture the child’s holistic growth. Games are known to have many benefits, us them to your advantage.
8. Know the games your kids play by reading their reviews online and joining gaming blogs and forum. Read game reviews and watch game trailers and demos.
9. Make time to interact with your children. Play games with them and teach them that gaming is not harmful if played right. Win their confidence so that they are open with you and share their fears and joys.
10. Take the kids to game expos and exhibitions. Learn all about the gaming world. Keep one step ahead at all times and your kids will be able to play games without any problems.
The World Wide Web is a great information highway that has information about all games new and old. Make use of the knowledge to monitor your children’s gaming world.
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Posted in Online Business at 8:59 pm by admin
This might sound like a hype that you can setup your own cash pulling machine within next 30 days and make some killer money on autopilot within next few months.
If you follow the plan that I lay down in this article, you will have your own cash pulling machine generate cash for you day in day out.
But there is one problem. You have to work hard initially. There is no get rich quick system involved right here.
Work hard, have patience and think BIG if you want to succeed on the internet.
Are you still with me? That’s great. Check out these cash pulling steps…
Step 1 - Research a Niche.
Step 2 - List Building.
Step 3 - Product Development.
Step 4 - Website Setup.
Step 5 - Drive Traffic.
The purpose of this article is to show you step by step how to setup your own cash pulling machine within next 30 days step by step.
Lets get started…
Step 1 - Research a Niche.
Research a niche or a topic that you are interested in.
Lets say you are interested in setting up a dog training website.
Now research this niche. Visit google and check out top 20 websites as to what are they doing.
Check out their sales process. What are they selling? How they have created their website?
Do they sell their own products or affiliate products? Generate ideas by visiting these sites as they are your competitors.
Now grab some top keyword research tool like wordtracker or keywords analyzer.
They will give you demand and competition relating to this niche and also show you the profitability ratio.
This will help you to make a sound decision whether to go into that niche or not.
Your goal is to find out a niche that has sufficient demand and less competition.
Once you have researched your niche that you want to target move on to step 2.
Step 2 - List Building.
It is extremly important to build a list. List building involves the following simple steps…
1. Create a free gift in your niche.
2. Setup a landing page where you give your free gift to your website visitors.
3. Setup an autoresponder that helps in collecting name and email address from your visitors through your website.
4. Setup an ecourse that will follow up your subscribers for months with quality content and also sell your products simultaneously.
In part 2 I will cover the remaining steps where I will show you how to get started with your own product almost instantly.
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Posted in Music And Movies at 8:55 pm by admin
Beginning a musical career can be difficult if you do not know how to break into the mainstream industry. Everyone has dreams and yours are no less important, but unless you know the right people to contact or the best businesses to approach, you could be left floundering in one spot, unable to move forward and unable to go back. If you are looking to carry your singing, acting, performing, or unique career forward to the next level, you will need to know what kind of people to consult and where to go.
Depending on what exactly you are searching for you should find an excellent music consultant. There are companies locally that are available to assist you in determining what music would best suit you, or how to best go about presenting your music you have either written or had written for you. Your performance is directly related to your ability and your presentation and if you have someone that is qualified in that aspect, it will help to move your career further ahead in the right direction that much faster.
The ins and outs of the music industry can be extremely overwhelming to the layman and offers no respite to singers and performers alike, regardless of your talent. You need a music industry consultant to help you understand everything you will be involved in and help you keep a fresh perspective on what will be involved in your journey to the top. With their help and assistance you will be able to better understand everything surrounding your endeavors. Although they can only show you the way to a certain limit, their input will be helpful toward setting your goals and accomplishing them.
Looking at things from the other end of the business spectrum, engaging the assistance of a music business consultant is another excellent way of getting a handle on the music industry from a business perspective to better fulfill any goals you are trying to achieve. There are various fronts to the business aspect of music, and knowing the right people can raise your chances of succeeding. The business end of show business can be confusing, but hiring the right consultant can put you in a better place to understand and use the benefits to move up and forward toward the career you desire.
Keep these in mind when you are beginning your music, singing, or acting career. There will be many ups and downs during your journey, why make them any more difficult than necessary?
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Posted in men at 8:50 pm by admin
As you may have noticed, there are thousands of Internet pharmacies where you can order and buy Viagra online. Allowing web users to order Viagra online from the privacy of their homes has been a great boon to both consumers and sellers, creating a cottage industry of Viagra vendors. Some actually deliver what they promise… but not all of them.
Order Viagra With Caution
For example, some online vendors claim they sell authentic Viagra for a dollar or two per pill. This is NOT real Viagra. But you won’t know that until your Viagra order arrives. It may look like the little blue pill, it may even come in what looks like an authentic package. You’ll only discover the deception when the medication fails to work. Or worse, it makes you sick.
Knowing which online pharmacy to trust can be confusing. Researching them all is impossible. So before you randomly choose where to buy Viagra online, read these reliability tips. They will help you weed through the vendors and find one you can trust for a genuine product, good service and fair pricing.
Choosing a Viagra Online Vendor:
Does the website have US-licensed physicians and pharmacists on staff who can properly assess your medical information, issue a prescription, and dispense your Viagra order?
Is the online pharmacy’s headquarters in the US?
Do they have reliable 24-hour customer service and a toll free line? (Try calling and asking questions before you order Viagra online from any vendor.)
Does the pharmacy sell ONLY FDA-approved genuine Viagra? Remember: If it’s too cheap, you’re getting a fake. Generic Viagra does not exist – Pfizer continues to hold the patent – but illegal fake copies are out there. They have not been approved by the FDA and could risk your health. (See this article on Herbal Viagra for more information about fraudulent Viagra claims.)
Beware Viagra online vendors who encourage you to buy the 100 mg tablets and break them into smaller doses to save money. Genuine Viagra pills are NOT scored, they have a hard outer coating, and cannot easily be divided even with a pill cutter. It is always best to order the correct dosage.
Do seek out Viagra online pharmacies that offer loyalty discounts and special offers, for example a certain percentage off refills. eDrugstore.md also offers a free consultation while other pharmacies charge up to $50. Careful selection will save you money when you buy Viagra online.
Just like size, sometimes appearances DO matter. Avoid online pharmacies with shoddy looking or single page websites that look like they were slapped together yesterday. Chances are they were. And if the English is poor, you may be dealing with an offshore pharmacy masquerading as a homegrown US business.
Narrow your search to include Viagra pharmacies that offer a comprehensive online library of information about the product(s) they sell. This indicates they care about ensuring their customers are informed about the drugs they take.
Look for the secure symbol in the website’s address (https://). This layer of security protects your medical and credit card information.
Finally, buy your Viagra online from a pharmacy with at least four or five years in business. They are in it for the long haul, not here-today-gone-tomorrow, so you can trust them with your business.
In short, you need to employ a healthy dose of consumer caution when you order Viagra online from a pharmacy that you’ve never used before. Getting a positive recommendation from a trusted friend is always the best way to go. Plus the ten tips above will help you avoid disappointment and money wasted.
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Posted in Marketing at 8:47 pm by admin
For the salespeople who work at a business and the individuals who own that business, CRM software can be very helpful. However, a lot of people do not realize the importance of CRM software so they do not use it. Other people think that CRM software is too hard for them to use, so they choose to use a different method of keeping track of their clients. If it is too hard to use, people will avoid it, and they will find other ways of keeping track of customers. Other ideas for tracking customers may not be as effective as CRM software solutions, however. Still other individuals may be concerned that CRM software is too costly for them, so they decide it is not cost-effective for their business. Despite some concerns, CRM software is generally the right choice for most businesses, because it works extremely well at keeping track of clients and their information.
The most important thing that CRM software can do for a business is to keep it organized. One of the most vital parts of the life of a business is clients and the information which is collected about them. Even a small business must make sure that these clients are kept organized. These clients can get lost in the paperwork and other issues that a business must handle, and this causes them to be neglected and ignored. With CRM software, though, there is much less worry about the clients and their information. CRM software is also very good for keeping client information protected and safe. By doing this, the company is better protected from future problems. Also, many clients feel more comfortable in working with the company. Any sensitive information that is provided to the company will not be lost or compromised.
For the salesperson, CRM software is also a good tool. It helps to keep them prepared every day for what they must do. People who work in sales spend a lot of their day just preparing for the next day. They are also concerned about forgetting clients or forgetting appointments. By using CRM software, they reduce the chances of these kinds of problems taking place. Everything that the salesperson needs to know about the client and everything that has to be remembered can be easily stored. Having a salesperson who will not learn the system and use it is basically the only disadvantage to CRM software. This, however, would be the fault of the salesperson, not the fault of the software.
CRM software is one of the best ways to build business in many companies. Not all companies will use this software, but those that do find that their business has been improved. Those who need reassurance that they matter to the company can receive this, and salespeople can enjoy better interaction with the clients that they have. When they get that, they want to come back. They feel that they are valued, and they think that their opinions, ideas, and business are important to the company, as well.
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Posted in Legal at 8:43 pm by admin
The Owners Corporation Act (the ‘Act’) was passed on 14 September 2006 and received assent on 19 September 2006. The Act, in effect, replaces and enlarges upon the regulations under the Subdivision Act 1988 with regard to bodies corporate (now called ‘owners corporations’).
The Act changes the structure, function, rights and obligations of bodies corporate and will affect property owners, managers, and property developers of residential properties, commercial properties, retirement villages, shopping complexes, office space, industrial complexes and mixed-use developments.
The Act comes into operation on 31 December 2007.
The Act will directly affect the one in five Victorians who own, live in, manage or develop bodies corporate. Here we examine the Act and highlight the Act’s key provisions.
Why the act has been passed.
The Act is intended to address the inadequacies in the Subdivision Act 1988 in an environment of increasing numbers of bodies corporate and increasing complexity in the way they are structured and managed.
The Act :
* addresses both the obligations and rights which are common to all OCs, and recognises the different requirements of two-lot, general and large OCs; and
* outlines the structure, function, rights and obligations of lot owners, OCs, managers and committees.
Existing Legislation: Subdivision Act 1988
At present, bodies corporate are created and managed largely under a regime established by the Subdivision Act 1988. However since that legislation was enacted the number and complexity of bodies corporate has increased dramatically. It is estimated that in 1988 there were 35,000 bodies corporate covering 200,000 people, and that now there are 480,000 lots, 65,000 bodies corporate and that 1 million people live or work in a building that is covered by a body corporate. The estimated capital improved value of lots affected by bodies corporate is $40 billion. The law relating to bodies corporate has been under review since 2003.
The Act is intended to address inadequacies in the Subdivision Act 1988 regime. In the second reading speech for the Act, Attorney-General Mr Hulls stated that:
‘The current regulatory scheme for bodies corporate is not serving Victorians well. The regulatory scheme is sparse and limited in the guidance it provides to bodies corporate and lot owners. Parts of it are not clear or appear contradictory, and in many areas little guidance is provided to individuals trying to run these community organisations we call bodies corporate. At a minimum this Act will fix this situation.’
r Hulls outlined the main themes emerging from the review process as:
* the need for better access to dispute resolution;
* clearer rights, duties and responsibilities of members and the body corporate;
* giving sufficient powers and flexibility to bodies corporate and body corporate committees to allow them to operate effectively;
* improved financial management and protection of body corporate funds;
* long-term maintenance planning; and
* the promotion of more professional standards in the body corporate management industry.
Creation of Owners Corporations
An Owner’s Corporation (’OC’) is created under the Subdivision Act 1988 (which the Act amends) in the same way that a body corporate was created i.e. a plan of subdivision may provide for the creation of one or more OCs, and a plan of subdivision which contains common property must provide for the creation of one or more OCs. An OC will automatically come into existence upon the registration of a plan of subdivision.
The Act outlines the functions of the OC, which include an obligation to repair and maintain the common property and equipment and services, take our insurance as required by any Act, keep an OC register and provide an OC certificate, and any other function conferred by any law. These functions are substantially similar to the functions of a body corporation under the Subdivision Act 1988. However the Act substantially expands and regulates the conduct of these functions.
In carrying out its functions and powers, an OC must act honestly and in good faith and exercise due care and diligence.
An OC may delegate by instrument any power or function of the OC to the Committee, Chairman, Secretary, member, manager or employee of the OC. An instrument of delegation must be issued at the AGM.
Existing Bodies Corporate
Under the Act:
* existing bodies corporate will become OCs and will be subject to the new legislation;
* existing body corporate rules will continue to the extent that they are not inconsistent with the new legislation; and
* any body corporate certificate issued immediately before the commencement day of the new legislation will be deemed to be an owners corporation certificate.
Tiers of Owners Corporations
Under the Act there are three tiers of OCs:
* OCs over two-lot subdivisions: these OCs are exempted from compliance with a number of requirements under the new legislation;
* OCs generally;
* Prescribed OCs: certain OCs (as prescribed in regulations which are not yet available) will have additional obligations. Prescribed OCs are expected to be the larger OCs.
Financial management
An OC (other than a two-lot OC) must keep proper accounts and prepare a financial statement for the annual general meeting. An OC may, and a prescribed OC must, have the financial statement audited.
An OC may, and a prescribed OC must, prepare a maintenance plan setting out certain information including anticipated major capital expenses within the next 10 years. A maintenance plan does not have effect unless it is approved by the OC. An OC with an approved maintenance plan must establish a maintenance fund into which certain funds must be paid.
Asset management
An OC must repair and maintain the common property and all related chattels, fixtures, fittings and services, and any service which is for the benefit of more than one lot and the common property.
Lot owners are required to maintain any part of the lot that affects the outward appearance of the lot, and maintain any service that serves that lot exclusively. Lot owners must not permit the common property to be damaged or to deteriorate. In some circumstances, lot owners are responsible for cleaning and maintaining overhanging eaves and gutters that are common property. Lot owners can decorate and attach fixtures to their lots, but must give notice to the OC of any application by the lot owner for a building or planning permit.
Insurance
A lot owner can insure their lot and their interest in the common property. Section 11 of Sale of Land Act 1962 remains in effect: a lot owner cannot sell a lot if insurance required under the Act is not in place. If the insurance has not been taken out, the purchaser may avoid the sale at any time before the contract is completed.
All OCs (except two-lot OCs) are required to obtain reinstatement and replacement insurance and public liability insurance for common property, and for any multilevel developments.
Not less than every five years a prescribed OC must obtain a valuation of all buildings that it is liable to insure. The OC must present the valuer’s report at the next general meeting.
Developers
The Act imposes a number of obligations on the applicant for registration of the plan of subdivision (other than a two-lot subdivision):
* the applicant must provide (amongst other things) at the first meeting of the OC (which must occur within six months of the registration of the plan of subdivision) an OC register, any accounts or records made on behalf of the OC, the maintenance plan (if any), any contracts, leases and licences binding on or benefiting the OC, insurance policies, the names of the companies, tradespeople or suppliers who provided a warranty or other guarantee on any matter for which the OC is responsible, and copies of those warranties and guarantees;
* within the first five years following registration of the plan of subdivision and while the applicant owns a majority of the lots affected by the OC, the applicant must:
* act honestly and in good faith and with due care and diligence in the interests of the OC in exercising any rights under the new legislation; and
* take all reasonable steps to enforce any domestic building contract entered into for any breach of contract which affects the common property and of which the applicant is aware or ought reasonably to be aware; and
* the applicant must establish an OC register which includes information regarding lot liability, insurance policies, notices or orders served on the OC and details of contracts, leases and licenses entered into by the OC.
Proxies and Powers of Attorney
The Act makes it an offence for a person to require or demand that a lot owner of any subdivision provide a power of attorney or proxy for the purpose of voting at a meeting or in a ballot of an OC.
A person is not entitled to exercise a power of attorney for more than one lot (unless the lot owners are members of the same family).
A proxy holder must act honestly and in good faith and exercise due care and diligence. A person can hold any number of proxies, however any proxy is revocable, and lapses after twelve months of being given. A proxy holder who is not a lot owner may not vote on matters which affect that person relating to the delegation of functions and powers (e.g. to a manager or committee), or the appointment, payment or removal of a manager. Any contract appointing a manager in breach of the new legislation is voidable unless affirmed by the OC by special resolution.
Committees
Any OC with thirteen or more lots must elect a Committee. The Committee can do all things that an OC can do by ordinary resolution, unless the OC decides to limit the Committee’s powers. The procedure by which Committees must operate is clarified. The Committee must also present a report of its activities to the annual general meeting.
Each member of a Committee or sub-committee must act honestly and in good faith and exercise due care and diligence in the performance of his or her functions, and must not make improper use of his or her position as a member to gain, directly or indirectly, an advantage for himself or herself or for any other person.
Each OC must have a Chairman, and may have a Secretary. The functions of Chairman and Secretary must now be undertaken by members, rather than a manager. A manager cannot be a Secretary unless there is no Committee and no Secretary.
Sub-Committees can be set up in accordance with the rules, which may provide for the role and functions of the sub-committee.
Managers
An OC may appoint a person to manage the OC. A manager must act to the same standard as is prescribed for Committee members.
A manager must submit a report to each annual general meeting, which must include details of the manager’s professional indemnity insurance.
Every paid manager must carry professional indemnity insurance and be registered with the Business Licensing Authority. The Licensing Registrar will keep a register of managers which will contain certain information including contact details, insurance details, and orders of VCAT relating to the person as a manager. Any existing manager will have three months in which to register. Any person, in accordance with the regulations (not yet published), can inspect the register.
Within 28 days of ceasing to be a manger, the manager must return all records relating to the OC to the OC.
An OC can revoke the appointment of a manager. As an OC can delegate its power, a delegatee of the OC can revoke a manager.
Records and Register
An OC must keep:
* a register (as established by the application for registration); and
* (for 7 years) records regarding each OC, including copies of resolutions, financial statements and accounting records, contracts and agreements entered into by the OC and leases and licences to and from the OC.
The OC must make the records and register available to a lot owner, mortgagee of a lot and purchaser of a lot (or any of their representatives), and those people can copy the documents for not more than the prescribed fee.
A person can apply to VCAT to restrict access to personal information in exceptional circumstances.
OC Certificate and Vendor’s Statements
The OC must provide within 10 days of a request, an OC certificate containing certain information including information relating to the manager, all contracts, leases, licences and agreements affecting the common property, legal proceedings and liabilities and contingent liabilities of the OC, and accompanied by certain documents.
The OC Certificate (including all documentation) must be attached to a Vendor’s Statement for the sale of any lot.
Dispute Resolution
The Act outlines a number of dispute resolution procedures. These include:
* Complaint to the OC – A lot owner, occupier or manager may complaint to the OC about an alleged breach of an obligation by a lot owner, occupier or manager. The OC must have a dispute resolution process or the dispute resolution process of the model rules will apply. An OC must follow the dispute resolution process as set out in the rules before making an application to VCAT;
* Application to the Director - On application to the Director of Consumer Affairs Victoria (CAV) by any person, the Director may refer a matter to an employee of CAV for conciliation or mediation; and
* VCAT - VCAT has powers to resolve a dispute arising under the Act or regulations or rules with regard to the operation of an OC, breach by a lot owner or occupier of the Act or regulations or rules, and exercise of a function by the manager. VCAT can dismiss an application by an OC if the dispute resolution process set out in the rules has not been followed.
Adverse Possession
The Act amends the Limitation of Actions Act 1958 so that the right, title and interest of an OC in common property is not affected by reason only of any adverse possession, irrespective of the period of that possession.
Concerns which have been raised in regard to the Act
Although there were a large number of submissions regarding amendment to the Act, and it was accepted that the Act was not without flaws, the Act passed through both houses of Parliament without amendment.
Some of the concerns raised, which may be addressed in the regulations or in future amendments to the Act, include:
* that the Chairman and Secretary must be members of the OC, rather than these roles being undertaken by a manager as occurs in most bodies corporate at present;
* that in attempting to address the issues of larger OCs, the Act imposes a burden on the 30% of OCs which consist of 5 lots or less, and the 45% of OCs which consist of between 5 and 100 lots which may result in additional expense, such as the employment of a manager where one was not previously required;
* that the Act does not address the problem of obtaining a quorum of lot owners, and particularly of obtaining a special resolution of the lot owners (75%). Further, the legislation does not provide that meetings can be conducted by ballots in addition to in person;
* that a special resolution is required in order to commence legal proceedings, thereby reducing the availability of this dispute resolution mechanism;
* that a unanimous decision is required to increase the lot entitlement and liability of a lot, and it is unlikely that a lot owner will vote to increase its lot liability;
* that the status of contracts entered into prior to the Act becoming operational is uncertain;
* that there is no minimum standard imposed on managers;
* that the register of managers will reveal each managers’ client base; and
* that there is inadequate provision for the protection of OC funds (including the maintenance fund).
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Posted in Kids And Teens at 8:37 pm by admin
Obviously, there are some pretty big differences in the danger factors between teen drivers and adults — not the least of which are inexperience, risk taking, immaturity and greater risk exposure.
The good news is if we are paying attention, we can help kids stay more focused on safety as they navigate the teen driving years (and possibly reduce our own risks as fellow drivers).
The Facts:
According to the Insurance Institute for Highway Safety, the crash rate per miles driven is four times higher for 15 to 20 year olds than for drivers over age 20. The National Highway and Transportation Safety Administration reports that motor vehicle crashes are the number one cause of death for younger drivers, and that distracted driving is a factor in one out of every four crashes.
What’s Behind It?
A recent policy statement “The Teen Driver” from the American Academy of Pediatrics cites these reasons teens are at greater risk:
* Lack of driver experience
* Young age at licensure
* Failure to use safety belts
* Inadequate hazard-perception skills
* Distraction (cellular phone, food, drink, music)
* Transporting teenaged passengers
* Nighttime driving
* Speeding and reckless driving
* Fatigue
* Unsafe vehicle choice
* Alcohol use
* Drug or medication use
* Inadequate parental limit setting
* Unlicensed or revoked license
* ADHD
The Distractor Factor!
The study also reports a direct correlation between the chances of being in a car crash to the number of teen passengers. 16- to 17-year olds have a 40 percent higher risk of crashing when they have one friend in the car, 50 percent higher with two friends, and four times higher with three or more teen passengers!
The IIHS & NHTSA recommend the following for parents:
* Don’t rely solely on drivers’ education – it may be convenient but typically it doesn’t do as good a job as a parent can at focusing on safety attitudes and decision making.
* Know the law – Restrictions on beginning drivers vary by state.
* Restrict night driving – it requires more skill and is generally more recreational – creating distraction and more risk taking.
* Restrict passengers – especially multiple teens. Nights are worse than days but passengers are always distractions for a beginning driver.
* Supervise practice driving – spread it over six months, continue even after full licensure and include night driving and a variety of other driving situations.
* Remember that you are a role model – practice safe driving yourself to increase the odds your child will drive safely.
* Require safety belt use – don’t assume, but insist that your child wear a safety belt at all times.
* Prohibit drinking – adopt a no-tolerance policy. Even a small amount of alcohol is an impairment to a teen.
* Choose vehicles for safety, not image – select cars with the best protection in a crash and avoid cars that encourage speeding.
* Make sure your child has emergency contact information with him or her at all times — especially in the car.
Some parents use a written driving agreement to outline their expectations, set penalties and establish graduated driving privileges in advance. The elements of a driving agreement can include obeying laws, practicing safe behaviors and even maintaining the car.
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