Author: M. Ladd

Last week the business-focused Bloomberg News Service reported that the Obama Administration is likely to further ease travel restrictions to Cuba in furtherance of the progressive goal of ending the decades-old travel ban to the Communist island. The lifting of the ban is another step in eroding the impact of the embargo and allowing those ready to profit on trade with Cuba to hit it big. Someday very soon, the debate of what action the United States should take against Cuba to effect a transition to democracy will reach its overdue conclusion and most likely the Cuban people will continue to live under the tyranny of total dependence on a deceptive government whose focus remains on perpetuating their poli-stocracy.

The story was reported like all stories regarding Cuba are reported; it lacked the necessary context to allow the reader to understand why the ban exists in the first place. While the focus of the article was increasing educational visas for American students, the story failed to mention that those students are quarantined from the Cuban population and are only allowed to interact with those that the Cuban government permits.

It is incumbent on our generation, we the 20 and 30-somethings, to remember the suffering and permanent scars bore by our families in their stories of success while living in exile. Our inherited good fortune requires us to be responsible for honoring their struggle by showing the rest of America why they too should care about a free Cuba. We should be proud to be offended at the shameless indifference that is displayed when someone lights up a Cuban cigar or opens a bottle of Havana Club Rum. These products are made on stolen property whose current profiteers took and hold their power and wealth by force and deception at the expense of those that they manipulate, confine, and cause to suffer in total dependence for food, clothing, and, almost as important, information.

The nature of our progressive mentality in the U.S. leads to the group-think that it is America’s policy that isolates Cuba and our policy is preventing the progress that could come from an open exchange of tourists and trade. The special interests that support the politicians that encourage this type of thought fail to explain that the policy of America for the last fifty years (including the 8 years under President Bush) support the lifting of the embargo upon the release of the political prisoners and after the free and fair elections that Castro promised fifty years ago when he was working to gain the support of the wealthy and middle classes in Cuba.

The current American policy is not irrational nor an extreme sentiment and it is not the reason the Cuban people are poor. What doesn’t make sense is how quick we are to forget that the Cuban government confines their population into poverty, convinces their own population and Americans that it is the U.S. Government’s fault, and then jails those that disagree or voice opposition against their corrupt government.

Rather than being passively indifferent, we should be proud to challenge those that dismiss the reality in Cuba and buy into the propaganda. Whatever shape U.S. policy takes, embargo or no embargo, it is our responsibility to use our power as individuals to boycott additional wealth to the Cuban government and to voice our opposition against the continued oppression of the Cuban people. The pain felt by our families is 50 years fresh and should not be forgotten.

People miss court for a variety of reasons. A lot of times they don’t receive the notice in the mail that tells them when and where to go. Sometimes they go to the wrong courthouse, just plain forget, or the unexpected comes up and they just can’t make it. When you miss court it is common for judges to issue a bench warrant. A bench warrant is an order from the judge directing the police to arrest you on sight and hold you until you can explain to the judge why you missed your court date. In Miami, you can still get a bond on misdemeanors, but for felonies you have to wait until the next weekday and talk to the judge.

There is really no way of knowing if the police are going to come to your house and pick you up or if you will get arrested the next time the police pull you over when you fail to completely stop at a stop sign. To avoid going to jail, (or at least reduce your chances) you need to call the judge and get the bench warrant removed. It’s usually best to hire a lawyer, even if you don’t have enough money to hire one to represent you on the underlying charges. There is a lot of value in ensuring you won’t spend the night in jail or have to beg family to come to the jail and post your bond. Even worse, if you are a single parent, there is a strong chance that your minor children will be sent to DCF custody.

When you do finally make it in front of the judge, you are going to have to have to explain why you missed court and why you should be allowed to stay out of custody while you prepare your defense. A good excuse can be the difference between being forced to plea your case out right away or taking more time to prepare the necessary defenses.

It’s no secret that the legal drinking age in Florida is 21 years old, but understanding the law and the consequences may either make you think twice before you bottoms up or at least make you a little more cautious. Possession of alcoholic beverages alone is enough for the police to arrest you with a criminal offense punishable by up to $500 in fines and 60 days in jail. You could be arrested if the booze is in your dorm room, apartment, or anywhere that the police could decide that it is where you control it.

If you think you are in the clear because you just happened to turn 21 years old, think again. Buying a twelve pack for you and yourbuddies can get you arrested if you allow underagers to grab a cold one for themselves too. The same penalties apply as if you were under 21, including suspeding your driver’s license.

Like most misdemeanor criminal charges, you can probably find an attorney who can negotiate a first-time-offender deal where the charges ultimately get dropped. However, if the charges aren’t dismissed, then your license could be suspended for at least six months and possibly up to a year.

Ultimately, these laws are imposed to deter drinking and driving, but like we learned two years ago from all the arrests made after the first FIU football game, the police are using their authority to deter even those that have no intention of driving. Fines generate big revenue and that means there’s more inventive for enforcement than just public safety.

Arrests can stain clean records and cause a lot of hardache when it comes time to apply for a job. The safest course is to just follow the law, but if you don’t and for some reason you get caught, exercise your right to remain silent and call a lawyer. It could make a big difference in the outcome of your case and for the rest of your life.

Condo and homeowner associations are needlessly losing millions of dollars in past due maintenance fees and assessments. The housing bust started the problem, but management companies and the associations’ lawyers are oftentimes only making matters worse.

Here in Miami, it’s no secret that home purchases are on the rise. It’s also no secret that the foreclosure rates are increasing too. Believe it or not both are actually good things for an association because as soon as the property gets into the hands of new ownership, the new owners have to start paying the monthly maintenance fees.

However, it is very likely that associations could be savings thousands of dollars in the time it takes a bank to foreclose on someone who is also behind on their maintenance fees and mortgage. Why? When a homeowner gets behind on their association fees and mortgage payments it takes anywhere from three months to over a year before the bank files the foreclosure suit in court. The homeowner will seek either a loan modification or try to short-sale (a sale for less than the amount the homeowner owes the bank) which often extends the time for the bank to finally send the property to auction. The time between the start of the foreclosure suit until the end-sale at the auction can last years. Banks consistently delay the sale because they don’t want to own the property and be obligated to pay the monthly association maintenance fees, future taxes, and dues.

This delay can actually be a good thing for an association if the homeowner is trying to short-sale the property. When a homeowner finds a buyer, and the bank approves the purchase price, the bank will also offer a settlement for past association fees, often several thousands of dollars. If the bank offers to pay thousands in past association dues and fees, the association can either agree to the settlement or hold out for more.

If the homeowner was $24,000 delinquent in past association dues ($1,000/mo. for 24 months), the bank may offer to settle for $12,000. If the association agrees, then the sale will happen and the property will change ownership into the hands of a dues- paying owner. If the association rejects the offer, the purchaser can pay the difference or walk away.

What oftentimes happens is that the management company for the association will add additional charges and late fees to the delinquent amount and also refer the matter to the association’s attorney who will add a couple thousand dollars to the delinquent account for “collection efforts” (which are rarely anything other than mailing a form letter printed by a secretary and billed at extremely high rates). All these extra charges become part of the delinquent amount and the management company, or their attorney, will reject the $12,000 offer.

The members of the condo or homeowner’s association rarely ever learn that an offer to pay $12,000 was ever made. When past due amounts, after the association and attorney add their charges, increase the delinquent account to nearly one-third of the purchase price, the hopes of a short sale become futile. If the property cannot be sold prior to the foreclosure auction, there is a very strong chance (close to 99% if you look at the current auction results in Miami) that the bank will end up owning the property.

When the bank purchases their delinquent mortgage-properties at a foreclosure auction the bank is required to pay only the lessor of 1% of the purchase price or six months of past association dues. Using the previous example, the association would only receive likely $6,000 of the $24,000 actually past due. The association’s rejection of the settlement made during the short-sale offer would have gained them $12,000 and the new owner would have been paying the monthly fees months (sometimes years) earlier.

Unfortunately, association members are usually unaware that their management companies and attorneys, by charging such high fees, are preventing sales that could drastically change the economic situation for their associations. One cause for this is that board members do not pay close attention to these fees because they are usually paid by new purchasers. Association members rarely know that the fees are being charged because they do not pay them either.

However, when the short-sales don’t happen and thousands of dollars in assessments are divided among the owners that do pay, the pain is all too real. Rarely are condo or homeowner association members aware that the pain may have been completely avoidable.

This blog was posted by Miami Attorney Matthew E. Ladd, 255 University Drive, Coral Gables, FL. 305-665-3978.

The information provided is only for informational purposes and should not be construed as formal legal advice. Every situation is different and a review of your specific circumstances should be handled by an attorney. This blog does not create an attorney-client relationship.