2008 - August - Osceola ReVIEW

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ReVIEW

August 2008


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AvatarHomes.com

900 Town Center Drive, Poinciana, FL 34759

;@J:FM<I 8E 8M8K8I :FDDLE@KP =FI PFLIJ<C= Ç M@J@K 8M8K8I?FD<J%:FD 9<CC8C8>FJD s @JC<J F= 9<CC8C8>FJD s GF@E:@8E8 s I@F I@:F s JFC@M@K8 s K<II8C8I>FJD Offers, incentives and seller contributions are subject to certain terms, conditions and restrictions which include use of designated lenders, title companies and closing agents. Offer good for a limited time only. Developer may change home design, materials, features, amenities, method of construction, prices, and promotions at any time. Developer also reserves the right to withdraw any offer without notice. Availability subject to change. Ownership of a home will require the payment of additional fees, including association assessments and mandatory club dues. Association assessments and mandatory club dues are subject to change from time to time. Please review all documents carefully to determine fees associated with home ownership. Golf facilities are privately owned and operated and membership and additional fees for golf required. Purchase of a home does not grant any use of or access to the golf club or golf facilities. Offers are product and community specific and may not be combined. See your sales person for details. Values on special offers are approximate. Pursuant to the Fair Housing Act, housing in Solivita® is intended for occupancy by at least one person 55 years of age or better per home, although the occupants of a limited number of the homes may be younger, but no one under 18 years of age may be in permanent residence. Copyright © 2008 Avatar Properties Inc. All rights reserved. Avatar Properties Inc., 900 Town Center Drive, Poinciana, Florida 34759. 9163.1207 QB# 1224 Commission is based on Total Purchase Price less incentives and applicable discounts, if any. Valid only for new prospects registered after November 15, 2007. Purchaser must execute the Purchase and Sale Agreement, Cooperating Broker Agreement and Purchasers may be required to close within 30 days of the contract date. Avatar reserves the right to change or withdraw any offer at any time. Subject to the terms of the Cooperating Broker program the complete terms of which are included in the Cooperating Broker Agreement, which must be signed by the Broker at the time of the purchase and sale agreement is entered into with the Purchaser. Associate must register the Purchaser prior to the first contact with the Seller, must be a lead not already registered and must be procuring cause of the sale. Broker must be a licensed real estate broker in the state of Florida and the Sales Associate must be a licensed real estate broker or sales associate in the state of Florida and a designated agent of Broker at the time of sale and the time of closing. Commission is deemed earned and paid at time of closing.

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August 2008


A MESSAGE FROM YOUR RPAC CHAIR & VICE-CHAIR

President’s Perspective By Hope Andrews Dear Members,

By Carolee Goodwin-Blackmore & Christina Gentry Get your checkbooks ready and activate those new credit cards...It’s RPAC time! As always, we are in great need of Member support. We need Auction items for the Silent & Live Auction, as well as Volunteers for setup, making calls, picking up Auction items, etc. If you want to give a vacation to the Bahamas - Great! If you only have a $25 Gift Card to donate, we’ll take it! Even better, give us your money and we’ll purchase items for you and you’ll get all the kudos! That said, we have several donation drop-off sites around Osceola County this year; Goodwin Realty & Associates, RE/MAX Premiers Properties, Deese Management & Real Estate, RE/MAX Pros and, of course, you can always bring your auction items by the Osceola County Association of REALTORS®. If you are not able to make it by one of these locations, PLEASE call and we will be happy to make arrangements to pick the items up. Tickets are on sale now for the event, where you can purchase individual tickets or by the table. The entire Committee has been working very hard to coordinate not only the Auction but also the RPAC Poker Tournament. This has proven to be a great success, especially with the great help of Affiliate Member extraordinaire, Debbie Henderson and Past President, Jack Frey. Over the past couple of months Tournaments have been taking place at OSCAR and what a great turnout we are experiencing, with consistent RPAC contributions being made. The Final Tournament will take place the night of the RPAC Auction. If you play, I want you ALL IN! If you don’t, you will certainly enjoy the show! Both the Auction & Poker Tournament will be held Saturday, September 6, 2008, starting at 5:30 p.m. Hope to see you there! ■

August 2008

In July our Budget & Finance Committee met along with our CEO and we implemented some cost saving measures in the budget to ensure we are as frugal as possible during these economic times where we have seen a drop in our membership. We worked very hard to rework the Association’s budget without cutting services to the members. I am really excited about the fine job our staff has done to make these cuts. Our Leadership Academy’s first class was in July and it was so nice to see members wanting to get more involved in our Association! For those of you still interested in this training and you want to make a difference in your Association, please call Jeri Peyton (407-846-0117, ext. 227) to register for the make-up class on August 26 from 10 am to 2:00 pm. Lunch will be provided. It is also time to sign up for our Leadership Cruise in October and help plan our Association objectives for 2009. You will also learn what it is like to be in leadership and bond with fellow REALTORS®. We would love to have our past leaders join us and share your input and ideas on where you would like to see your Association in the future. Please give Jeri Peyton a call and she will give you all the details. We had our second Texas Hold-‘Em tournament for RPAC and it was a lot of fun, and we raised money for our REALTOR® PAC. Please join us at the next one on August 9, 2008, and if you make it to the final table, which will be played at our RPAC Auction on September 6, 2008, the winner will win a trip to Las Vegas! Great news! We had more transactions in Osceola County in the month of June 2008 than we had in the month of June 2007! When Gwen called me and told me that this months’ magazine was going to be dedicated to RPAC, I was so excited to hear about it, because RPAC is near and dear to my heart. When I was a new member in our association, I really didn’t know what RPAC was, what were we raising money for? A dear friend and colleague, Linda Goodwin, told me I needed to know because it was the number one investment I needed to make in my real estate career. Since then I have seen these funds enable REALTORS® to stay in business, I have seen first-hand in Tallahassee and Washington D.C. what a powerful voice REALTORS® have in the decision-making of our elected officials. For new members and seasoned members that don’t have the information, please continue to read on! What is a PAC? PACs have been around since 1944, when the Congress of Industrial Organizations (CIO) formed the first one to raise money for the re-election of President Franklin D. Roosevelt. A Political Action Committee (PAC) is a popular term for a political committee organized by like-minded people for the purpose of raising and spending money to elect and defeat candidates. The PAC's money must come from voluntary contributions from members rather than the member's dues treasury. PACs represent business, labor or Continued on Page 4.

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CEO Perspective By David B. Bennett

REALTORS® POLITICAL ACTION COMMITTEE (RPAC) IS YOUR RESOURCE – GET INVOLVED!! Dear Members, you may notice that this article was run in a previous issue, however, given that the 2008 RPAC Auction is approaching fast, I thought it would be prudent to share this with you once again: Are you concerned about the following issues? • Promoting home ownership across the economic spectrum • Expanding the availability of health insurance for small businesses • Keeping the federal government out of real estate regulation • Preserving the separation of banking and commerce • Improved congressional oversight of federal regulatory decisions • Fostering a vibrant commercial real estate sector If so, you should know RPAC aggressively pursues the election and re-election of candidates for local, state and federal offices who stand up and support real estate professionals on key issues like these, as well as a long list of other issues critical to our future! For example, your RPAC contribution played a vital role in helping pass “Amendment One” on January 29th. However, we must continue to fight to ensure there is additional Property Tax Relief & Reform in Florida, and that you and your clients have access to affordable and comprehensive Property Insurance coverage. Also of concern is a proposal being considered by the Taxation & Budget Reform Commission that could lead to a state sales tax being imposed on your commissions. Remember, “Money is the ammunition of a political army, and RPAC is your personal political defense fund”. As important as it is to be involved in your local community, it’s equally important that REALTORS® are involved at the state and federal levels of government as well. By participating in RPAC, you can let your voice be heard along with hundreds of thousands of your colleagues across the country. Whether you are a brand new member of a seasoned veteran, RPAC offers a variety of giving levels so every REALTOR® can become involved in the political process.

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RPAC Investor $99 Club Capitol Club Member

$25 $99 $250

Major Donor Programs Sterling “R” Crystal “R” Golden “R”

$1,000 $2,500 $5,000

Getting involved is simple. Get involved by joining more

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than 500,000 of your colleagues nationwide, who agree that RPAC is the best investment you can make to influence your profession’s long-term growth and the stability of the real estate industry. Visit RPAC online at www.realtor.org or call or stop by the Association to get more information or make your donation. Remember, RPAC is your best in investment in real estate!! ■

President’s Perspective. Continued from Page 3. ideological interests. PACs can give $5,000 to a candidate committee per election (primary, general, run-off or special). They can also give up to $15,000 annually to any national party committee, and $5,000 annually to any other PAC. PACs may receive up to $5,000 from any one individual. Why should I contribute to RPAC? RPAC is the muscle behind NAR. RPAC represents over 400,000 politically active REALTORS® that members of Congress want as their friends. Recent legislative and regulatory successes include: • The continued preservation of the mortgage interest deduction. • Tax relief benefiting the real estate industry. • Improving federal mortgage programs, allowing more families to join the ranks of homeownership. • Eliminating burdensome regulations inhibiting environmental quality and healthy real estate markets. How will my contribution be used? 100% of your contribution is used to elect pro-REALTOR® candidates: 70% remains in the state to be used in state and local elections. 30% of your contribution will be forwarded to National RPAC to fund key U.S. House and Senate races. Until your state PAC reaches its RPAC goal, 30% is sent to National RPAC to support federal candidates and is charged against your limits under 2 U.S.C. 441a; after the state PAC reaches its RPAC goal, it may elect to retain your entire contribution for use in supporting state and local candidates. RPAC is neither a Republican nor a Democratic organization. Your contribution to RPAC is a vote for a proREALTOR® Congress, regardless of political party. How did RPAC do in the last election? RPAC remained the nation's largest PAC in direct contributions to candidates with disbursements of over $4.3 million dollars to federal candidates and national political committees in the 2004 election cycle. RPAC also spent over $1,400,000 on our Opportunity Race program that mobilized REALTORS® to be active in 31 congressional campaigns. This represented huge growth over the 2002 cycle when RPAC contributed $3.6 million to candidates and spent $600,000 on Opportunity Races. Most impressive, RPAC resumed its Independent Expenditures program in 2002 after more than a decade hiatus. We spent over $1 million dollars on incumbent elections in 2002, and increased that to $2.6 million on Continued on Page 14.

August 2008


Education Corner

All classes will be held at the Association (unless noted otherwise)

To register for any classes please visit the Association website www.osceolarealtors.org, click on “Online Member Services” button, enter your username and password and then click on the Education Calendar. If you have any questions, please call the Association at (407) 846-0117. PLEASE NOTE: If you are registered and unable to attend, please call the Association to cancel, or you will incur a $20 cancellation fee. Thanks in advance for your cooperation. MLS Training Classes There is one MLXchange Training class held each month. This is a mandatory class for new members. Even if you have already taken this class, you are invited to attend as a refresher course at any time.

CAREER DEVELOPMENT Thursday, August 7, 2008 Time: 9:00 a.m. – 1:00 p.m. Instructor: Duke Tieman Location: Osceola County Association of REALTORS® Classroom Description: This course is about the realities of succeeding in the Real Estate profession. The material discussed, if practiced regularly, will virtually guarantee success. Cost: Free CE Credit: 4 hours

QUADRENNIAL CODE OF ETHICS (2 SESSIONS – PICK ONE) Thursday, August 21, 2008 Time: 9:00 a.m.–12:00 Noon or 1:00–4:00 p.m. Instructor: Dick Fryer Location: Osceola County Association of REALTORS® Classroom Description: All REALTORS® must fulfill the NAR Ethics Training once every four years. This session will help you handle difficult situations with proper ethical behavior.

have become a primary consideration of real estate transactions. Cost: Free CE Credit: 4 hours

GRI COURSE 3 September 2, 3, 4, 8 and 9, 2008 Time: 8:00 a.m. – 5:00 p.m. Location: Osceola County Association of REALTORS® Classroom Description: Do your negotiating and counseling skills need sharpening? Have you considered expanding your business into property management? Are you current on the tax implications of buying and selling residential property? These are just a few of the time topics that are covered in GRI 3. The GRI designation – Graduate, REALTOR® Institute – is the nation’s #1 real estate designation. It is earned through state associations whose REALTOR® Institute courses of study meet the standards established by the National Association of REALTORS®. The designation is available only to members of NAR. Cost: On or before August 15, 2008 Members: $272.50 Non-Members $292.50

After August 15, 2008 Members: Non-Members:

$292.50 $302.50

CE Credit: Approved for 30-hours Broker Post licensing <or> 11-hours specialty CE credit. Register online at: www.osceolarealtors.org. Click on blue button “Online Member Services”. Enter your username and password, and click on the Education Calendar. ■

Leadership Meetings EXECUTIVE COMMITTEE MEETING AUGUST 27, 2008 AT 8:00 A.M. BOARD OF DIRECTORS AUGUST 27, 2008 AT 9:00 A.M.

Cost: Free CE Credit: 3 hours

TAX DEFERRED EXCHANGES Thursday, August 28, 2008 Time: 9:00 - 1:00 p.m. Instructor: Hemendra Thakkar Location: Osceola County Association of REALTORS® Classroom Description: Tax information is an important aspect of the real estate market. Tax implications

August 2008

Betty M. Dobbie President

897 Towne Center Drive Poinciana, Florida 34759 Ph: (407) 343-1560 Cell: (786) 316-9270 Fax: (407) 343-1561 www.prominenttitle.com bdobbie@prominenttitle.com

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Association Staff

Knowledge Services News

David B. Bennett, CAE, Chief Executive Officer ceo@osceola-realtors.com

By Michelle Smith, Director of Knowledge Services

Gwen Dukes, Director of Communications communications@osceola-realtors.com

Quiz: Code of Ethics

Jeri Peyton, Deputy CEO deputyceo@osceola-realtors.com

The NATIONAL ASSOCIATION OF REALTORS®’ Code of Ethics and Standards of Practice establishes rules for the highest ethical conduct and professionalism. It’s what distinguishes you as REALTORS® from other real estate licensees. Take this quiz to see how well you know your Code.

Bob St. Gordon, Controller accounts@osceola-realtors.com

1. The Code of Ethics is based on the concept of: • Let the buyer beware. • Let the seller beware. • Let the public be served. • Let the public fend for themselves.

Michelle Smith, Director of Knowledge Services education@osceola-realtors.com Stephanie Escurra-Hendricks, Member Services Representative sales@osceola-realtors.com Anneris Rivera, Member Services Representative memberservices@osceola-realtors.com

Association Office 1105 Shady Lane Kissimmee, Florida 34744 www.osceolarealtors.org Email: communications@osceola-realtors.com 407.846.0117 • 407.846.0217 fax

Newsletter Submissions In order to share the wealth of information contained in this newsletter in an efficient manner, please submit your articles via e-mail or fax by the 10th of the month. Please clearly indicate that submission is for the Osceola Review. Editor-in-Chief: Gwen Dukes Articles: communications@osceola-realtors.com Advertising: accounts@osceola-realtors.com For advertising inquiries please contact Bob St. Gordon at the Association Office. Your advertising defrays the cost of publishing. Thank you for your support. The Osceola ReView is published exclusively for the Association by PIP Printing & Document Services Kissimmee, Florida 407.847.5565 • 407.847.2698 fax Pip@pip920.com Disclaimer: The Osceola ReVIEW is published for the members and affiliates of Osceola County Association of Realtors®, Inc. by Pip Printing and Document Services as a courtesy. Pip nor the Association assume any responsibility for article content or advertising message as submitted for inclusion in the newsletter. Advertising and articles are not endorsed by Association, nor is there any implied warranty by the Association or its staff.

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(answers on page 12)

2. The Code of Ethics was adopted: • To establish standards of conduct for the industry. • Only as “recommendations” for proper conduct. • In 1931. • Long after real estate licensing laws were in existence. 3. The Preamble to the Code: • Sets out aspirational ideals that REALTORS® should strive to attain. • Can be used as the basis for disciplinary action against a REALTOR®. • Requires REALTORS® to meet the standards set forth in the Preamble. • Is a summary of all the articles included in the Code. 4. The Code is primarily enforced through: • The NATIONAL ASSOCIATION OF REALTORS®. • State associations of REALTORS®. • Local associations of REALTORS®. • None of the Above. 5. The two basic types of complaints that are handled by local associations are: • Ethics complaints and license law complaints. • License law complaints and mediation matters. • Ethics complaints and requests for arbitration. • License law complaints and requests for arbitration. 6. The three committees or groups that are involved in the Code enforcement process are: • Grievance Committee, Appeals Committee, and Board of Directors • Professional Standards Committee, Arbitration Committee, and Mediation Committee • Professional Standards Committee, Medication Committee and Board of Directors • Grievance Committee, Professional Standards Committee, and Board of Directors 7. A request for mandatory arbitration is based on: • A monetary dispute between REALTORS® (principals) in different firms. • A legal claim for damages between REALTORS® in different firms. • A monetary dispute between salespersons in different firms. • A legal claim for damages between a salesperson and his/her broker. Continued on Page 7.

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August 2008

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/SCEOLA #OUNTY !SSOCIATION OF 2%!,4/23¸ 3HADY ,ANE +ISSIMMEE &, s 0HONE s &AX

(UGE SELECTION OF HOMES ! YEAR AGO YOU WOULD HAVE HAD TO MAKE LOTS OF COMPROMISES WHEN BUYING A HOME "UT WITH THE AMOUNT OF GREAT HOMES ON THE MARKET THE CHANCES OF GETTING EXACTLY THE RIGHT HOME WITH THE FEATURES YOU WANT IN THE LOCATION YOU DESIRE ARE NOW BETTER THAN EVER

10.REALTORSÂŽ have an obligation to protect and promote the interests of their clients but also have an obligation to treat all parties:

12.A cooperating broker in a transaction may: • Claim to have “soldâ€? the property involved in the transaction. • Post a “soldâ€? sign on the property involved in the transaction after the closing (with the buyer’s permission). • Not claim to have “soldâ€? the property but may state that they have “partici patedâ€? or “assistedâ€? in the transaction. • Both A and B. Continued on Page 8.

#YN :ELLNER 0RESIDENT

)F YOU RE LOOKING FOR A HOME OUR CURRENT MARKET PROVIDES YOU WITH SOME INCREDIBLE BENEl TS

#HANGING (OUSING -ARKET 'OOD .EWS FOR "UYERS

9. The concept of procuring cause is used to decide commission disputes in arbitration cases. Which of the following statements is true about the concept of procuring cause? • No predetermined rules of entitlement are allowed to be used by a hearing panel. • A hearing panel should not consider the entire course of conduct in the transaction and should decide the case on one factor. • Whether an agent abandoned or estranged a buyer is not an important factor in determining which party will receive an award. • Generally, a hearing panel should split an award and should not make the award all to one party or the other.

11. If a listing broker tells another broker, “I’ll cooperate with you,â€? the other broker: • May assume that the listing broker will pay him/her a cooperative commission. • May not assume that the listing broker will pay him/her a cooperative commission. • Has an arbitration claim against the broker if the listing broker fails to pay a cooperative commission. • Has a legal claim for the cooperative commission against the listing broker if the listing broker refuses to pay a cooperative commission.

"E SURE TO h!SK IF YOUR AGENT IS A 2%!,4/2¸ A MEMBER OF THE .ATIONAL !SSOCIATION OF 2%!,4/23¸ v

2EAL ESTATE HAS HISTORICALLY BEEN A GOOD INVESTMENT 3INCE THE .ATIONAL !SSOCIATION OF 2%!,4/23¸ BEGAN KEEPING RECORDS IN THE NATIONAL MEDIAN HOME PRICE HAS RISEN EVERY YEAR )N A BALANCED MARKET HOME VALUES TYPICALLY RISE AT THE RATE OF INm ATION PLUS PERCENT

WWW OSCEOLA REALTORS COM

8. A request for arbitration is most commonly based on a dispute about: • A listing commission. • A cooperative (selling) commission. • An earnest money dispute. • A claim for damages.

"UYER INCENTIVES 4O HELP SELL A HOME SELLERS ARE STARTING TO INCLUDE MANY VALUABLE EXTRAS SUCH AS EXTENDED HOME WARRANTIES UPGRADED APPLIANCES EVEN PAID VACATIONS

Continued from Page 6.

• Fairly. • Honestly. • Fairly and honestly. • Politely.

)F YOU RE READY TO SEE ONE OF THE MANY INCREDIBLE -ORE TIME )N THIS MARKET YOU DON T NEED TO MAKE A SNAP DECISION WITH YOUR MOST IMPORTANT TRANSACTION 9OU HOMES AVAILABLE IN THIS REAL ESTATE MARKET CONTACT YOUR LOCAL 2%!,4/2¸ TODAY HAVE THE LUXURY OF TAKING THE TIME YOU NEED TO l ND THE RIGHT HOUSE AT THE RIGHT PRICE

Knowledge Services News.

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Knowledge Services News. Continued from Page 7. 13.Disciplinary action in an ethics complaint may NOT include: • A fine not to exceed $5,000.00 • A letter of reprimand. • A requirement that the respondent attend a course of education. • A written apology. ■

PUBLIC POLICY UPDATE By 2008 Public Policy Committee COMMUNITY REDEVELOPMENT AGENCY (CRA) Grant funds are available for businesses, commercial buildings, and homeowners within the Community Redevelopment Agency (CRA) Overlay District. The grants are awarded on a first come, first served basis until funds are depleted. Commercial grants include: water and sewer impact fee assistance, matching facade or sign, matching façade rehabilitation, and matching revitalization. Residential Grants include: matching facade, matching rehabilitation, paint voucher, consulting services, and impact fee assistance. The newest grants are the Owner Occupancy Incentive, Live Where You Work, and Teacher Housing Assistance. To find out if your improvement project or possible new home purchase qualifies for any or all of the grants contact Kim Grieb at the Community Redevelopment Agency at (407) 518-2586 or at www.kissimmeecra.com. Since October 1, 1998 the Community Redevelopment Agency has processed more than 400 grant applications, awarded more than $900,000 in grants, and created reinvestment in the district of $5,702,013.02.

AMENDMENT 5 – “GIVE ME 5 FOR FLORIDA’S FUTURE” CAMPAIGN The Florida Association of REALTORS® on July 22 launched a new grassroots campaign pushing for the passage of Amendment 5 in November. The Association also plans to contribute $1 million to the “Give Me 5 for Florida’s Future” campaign, which supports the amendment that would eliminate the school portion of local property tax to save property owners an estimated $9.3 billion in 2011.

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The constitutional amendment, placed on the Nov. 4 ballot by the Florida Taxation and Budget Reform Committee, has yet to identify what would replace the revenue that would be lost through elimination of those taxes, but several options have been discussed, including a penny increase in the state sales tax. “We believe that passage of Amendment 5 is critical to Florida’s housing market and our overall economy,” said John Sebree, FAR’s Vice President of Public Policy, in a prepared statement. Florida families also are struggling to make ends meet because of

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property taxes more than doubling in the last six years and higher food and fuel prices, added FAR President Chuck Bonfiglio in a statement. “That’s where Amendment 5 can help,” Bonfiglio said in the statement. Association leadership and members joined with state Reps. Frank Attkisson, R-Kissimmee, and Darryl Rouson, D-St. Petersburg, to make the announcement in Tallahassee.

OSCEOLA COUNTY ASSOCIATION OF REALTORS® CANDIDATE ENDORSEMENTS The Candidate Screening Committee of the Osceola County Association of REALTOR® has recommended its slate of candidates for election to various positions within Osceola County. The Board of Directors approved the recommendations on July 18, 2008. The Association recommends candidates that demonstrate a support of real estate issues and a pro-business agenda and understand our industry. Along with their endorsements, we are proud to contribute $1,000 to their campaign from our local chapter of RPAC, the REALTORS® Political Action Committee, and RPIC, the REALTORS ® Political Issues Committee. Following are the candidates and the positions they are seeking: Jim Swan........................Kissimmee Mayor Gail Eck..........................Kissimmee City Commissioner Jerry Gemskie.................Kissimmee City Commissioner Fred Hawkins, Jr.............County Commissioner, District 5 Wendell McKinnon........County Commissioner, District 3 Paul Owen......................County Commissioner, District 1 Katrina Scarborough......Property Appraiser Connie Click..................Supervisor of Elections John Davis......................School Board, District 2 Mercedes Leon................State Attorney Fred Schott.....................Circuit Judge

DR. MICHAEL GREGO SELECTED AS OSCEOLA SCHOOL DISTRICT’S SUPERINTENDENT OF SCHOOLS On June 4, 2008, members of the Osceola County School Board approved the appointment of Dr. Michael A. Grego as Osceola School District’s next Superintendent of Schools in a 4-1 vote. Dr. Grego has spent the past 28 years with the School District of Hillsborough County, where he has held the position of Assistant Superintendent for Curriculum and Instruction since 2002. In that role, he has developed and implemented numerous programs which have resulted in increased levels of student achievement, fiscal responsibility at the school and program level, improved teacher training and resources, and increased levels of community collaboration. As a result of his leadership, Hillsborough County School District significantly increased the number of schools earning a school grade of “A” or “B.” As stated on Dr. Grego’s resume, his key accomplishments also include successfully increasing the participation rates Continued on Page 9.

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Public Policy Update. Continued from Page 8. in Advanced Placement and Honors courses, maintaining the highest graduation rate in the state among large school districts, and successfully addressing the educational needs of at-risk students, English Language Learners, and Exceptional Education students. Over the past seven years, his curricular initiatives have resulted in the increase in student achievement in more key areas than any other large urban school district in the United States. Blaine A. Muse, Osceola’s current Superintendent, retired on June 30, 2008.

PROPERTY APPRAISER REPORT– SUBMITTED BY ATLEE MERCER, OSCEOLA COUNTY PROPERTY APPRAISER • Using Foreclosures in the Appraisal Mix – Many REALTORS® and-of course our Taxpayers-may wonder why the Property Appraiser’s assessments of value do not include deeds identifying the transaction as foreclosures, trustees in bankruptcy, deeds involving trades of land or bearing the same family name, etc. when they think they were “legitimate” sales. It is, in fact, the root of the classic conflict between a fee-based appraisal and a tax assessment appraisal. • What is the Difference – From the Fee based Appraisal standpoint, virtually any sale that is recorded with the Clerk of the Court can be considered in assembling comparables for establishing the value of a property. But the valuation process for establishing tax assessments is very different. In fact, it is a far less subjective process and is rigidly defined in Florida Statutes, the Florida Administrative Code and by decades of Case Law. • Florida Statutes – The assessment (tax) roll of each County is subject to review by the Florida Department of Revenue (DOR). Every two years, each County, is subject to an in-depth audit of their Tax Roll paying particular attention to the level of assessment in relation to the just value of each property. [FS 195.096] • Florida Administrative Code – As much as we would like to consider all sales (IT WOULD BE FAR EASIER FOR US TO DO SO), we cannot. For too many reasons to list here, the Florida Administrative Code which governs the Property Appraiser specifically enumerates which Deeds may – and more importantly – may NOT be considered in establishing just value. Just value is defined as what a willing seller would accept, and a willing buyer will pay, in an arms length transaction made without duress. And most importantly it defines the types of deed transfer transactions that should be disqualified, among which are all deeds recorded from or to banks, loan or mortgage companies. Finally, during the bi-annual-in-depth audit (see Florida Statutes above) the DOR examines carefully what sales are and are not qualified for making our assessment decisions and all of the specifically defined types of deeds must be disqualified – no choice, no wiggle room no exceptions.

August 2008

[FAC 12D-8.011].

KISSIMMEE/OSCEOLA COUNTY WINS ALL-AMERICAN CITY DESIGNATION The Kissimmee, Osceola County delegation brought home the 2008 All-America City award. The community was one of 16 from across the country to travel to the Tampa Marriott. The All-America City Award is America’s oldest and most prestigious community recognition award. Since 1949 the All-America City Award has encouraged and recognized civic excellence, honoring communities of all sizes in which citizens, government, businesses, and voluntary organizations work together to explain how they are successfully resolving critical local issues. The City will partner with the Osceola County Economic Development Office to promote the All-America City status as a way to entice new businesses to come to the area.

KISSIMMEE LAKEFRONT PARK PROJECT Request City Commission authorization to complete 100% of Phase 1, Roadway Design for the Lakefront Park Redevelopment Project.

CITY OF ST. CLOUD Nolte Road Project (Coming Soon) - The Nolte Road Project will construct a roadway between Canoe Creek Road and Hickory Tree Road. The permitting and plans are almost completed, while the right of way acquisition is currently underway. Once the right of way is secured, the bidding process for this project can begin. Budinger Avenue Extension and Progress Boulevard Extension – The Budinger Avenue Extension will provide a secondary connection to the St. Cloud Elementary School and another north-south corridor connecting Nolte Road to 13th Street. This project consists of a stormwater pond, constructing and upgrading about a mile of roadway, and running new water, reuse and sewer lines. The Progress Boulevard Extension will connect Budinger Avenue to Progress Boulevard. This project consists of constructing about a quarter mile of new roadway and installing a new water line. Lakeshore Stormwater Management Improvements – Phase 2 (Substantially Complete) – The existing Dakota Avenue conveyance system consists of a deep open ditch, with steep side slopes. This system discharges directly into the lake without any water quality treatment, is currently a traffic hazard and requires countless hours of maintenance each year. Once piped, the existing conveyance system will direct the flow into a new pond prior to discharging into the lake. The Lakeshore Stormwater Management System Improvement – Phase 2 has been funded through grants from the Florida State Legislation and the South Florida Water Management District in cooperation with the City of St. Cloud. Continued on Page 10.

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Public Policy Update. Continued from Page 9. LOCAL CITY, COUNTY & SCHOOL BOARD MEETING INFORMATION City of Kissimmee Commission Agenda & Meeting Schedules http://www.kissimmee.org/ch_gov_commission.aspx?id=73 City of St. Cloud Commission Agenda & Meeting Schedules http://www.stcloud.org/Archive.asp?AMID=32&Type=Recent Osceola County Commission Agenda & Meeting Schedules http://www.osceola.org/index.cfm?lsFuses=Department/ BCC/1075 Osceola County School Board Agenda & Meeting Schedules http://www.osceola.k12.fl.us/board/PDFOrg/index.asp ■

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Answers: Code of Ethics Quiz

7/24/08

1. Let the public be served. When the Code of Ethics was adopted in the early 1900s, the rule of law was “caveat emptor” (“Let the buyer beware”). The Code took a different approach, based on the motto “Let the public be served.” One of 11:15 AM Page the foundations of the1Code is protection of the public. Many of the Articles (e.g., 1, 2, 8, and 9) are founded on protecting the consumer. 2. To establish standards of conduct for the industry. There were no real estate licensing laws when the Code was adopted in 1913. One of the primary purposes of the Code was to establish professional standards of conduct for the real estate industry. 3. Sets out aspirational ideals that REALTORS® should strive to attain. The Preamble to the Code is the aspirational basis for the ethical concepts that REALTORS® believe in. Included are the core concepts of honesty, integrity, fairness, and moral conduct in business relations. Near the end of the Preamble, the timeless, universal principle of the Golden Rule is cited. Because the Code sets the ideals that we strive to attain, it is subjective in nature. As such, it cannot be used as a basis for disciplinary action against a REALTOR®. Only the Articles of the Code are used as the basis for discipline of REALTOR® membership. 4. Local associations of REALTORS®. The enforcement of the Code is handled mainly by the

local REALTORS® associations. Real estate is one of the few industries that have a Code of Ethics that is enforced. Many industry codes of ethics are aspirational in nature and are not enforced by the organization sponsoring the code. The REALTOR® Code of Ethics has an enforcement process available to anyone who believes a REALTOR® has violated the Code of Ethics. 5. Ethics complaints and requests for arbitration. An ethics complaint is a complaint about a REALTOR®’s conduct that has allegedly violated one of the Articles of the Code of Ethics. Under Article 17 of the Code, REALTORS® are required to arbitrate certain types of monetary disputes they have with other REALTORS®. So, a second type of matter handled most frequently by local associations is a request for arbitration falling under Article 17 of the Code. 6. Grievance Committee, Professional Standards Committee, and Board of Directors. The Grievance Committee is a screening committee that initially reviews ethics complaints and requests for arbitration. The Grievance Committee does not hold hearings but simply determines, on the basis of the written information presented in the complaint/request, whether a possible violation of the Code may exist or whether the request for arbitration presents a matter that can be arbitrated within Article 17. If the Grievance Committee believes that a possible violation may exist or that a matter can be arbitrated, it forwards the complaint/request to the Professional Continued on Page 13.

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Answers. Continued from Page 12.

Standards Committee. The Professional Standards Committee appoints a hearing panel (usually three or five members of the Committee) to conduct a hearing. The hearing is a “due process” hearing similar to a court proceeding. The hearing panel decides whether a violation of the Code occurred and makes a recommen(Discounted Rates for OSCAR Members) (Discounted Ratesiffor OSCAR Members) dation for discipline, any. In an arbitration request, FAST ACCURATE ••FRIENDLY FAST•• ACCURATE FRIENDLY the hearing panel decides which party is entitled to the ASK ABOUT OUR monetary ASK ABOUTaward. OUR In either case, a right of appeal or reEAGLE NO TENT” TERMITE SERVICE view exists to the Board of Directors. “EAGLE NO TENT” TERMITE SERVICE

TTer mit ee Inspections ermit mite er mit Inspections ermit mite &&T rreatments Tr T eatments Tr

A monetary dispute between REALTORS® (princiAGLE7. Pest Management EAGLE Pest pals) inManagement different firms.

Generally, a request arbitration is based 40 7-5 118-08 75 407-5 7-51 8-0875 40 7-5 8-08 75for mandatory 407-5 7-51 8-0875 on a monetary dispute. The dispute must be of a con409 Church Street • Kissimmee, FL 34741 409 Church Street • Kissimmee, FL 34741

tractual or specific non-contractual nature, and it must be between REALTORS® (principals) in different firms arising out of their relationship as REALTORS®. Article 17 specified the types of disputes that are required to be arbitrated.

8. A cooperative (selling) commission. The most common type of monetary dispute between REALTORS® (principals) in different firms relates to a cooperative (selling) commission, sometimes also knows as a co-brokerage commission. In the residential field, the offer of compensation is most commonly made by a listing broker in the context of filing listings with the MLS. In the commercial field, offers of compensation are often made directly among brokers in a market.

OUT

9. No predetermined rules of entitlement are allowed to be used by a hearing panel. The concept of procuring cause is the basis upon which the typical commission dispute about a cooperative commission is decided. The “Arbitration Guidelines” in the Code of Ethics and Arbitration Manual (Appendix ll to Part 10) set out a comprehensive set of guidelines by which hearing panels decide a commission dispute. All of the concepts are from the “Arbitration Guidelines.”

ker involved in a transaction may claim to have sold the property in the transaction. The only time limitation in the Standard of Practice relates to the cooperating broker posting a “sold” sign before closing. After closing, permission of the listing broker is not necessary for a cooperating broker to post the “sold” sign. 13.A written apology. The Code of Ethics and Arbitration Manual lists the appropriate sanctions that a hearing panel may recommend to discipline a REALTOR® who has violated the Code of Ethics. Only those authorized sanctions are permissible. All of the disciplinary actions noted above other than the written apology are on the list of authorized sanctions. An apology of any sort cannot be mandated by a hearing panel or association. ■

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10.Honestly. Article 1 of the Code sets out these fiduciary concepts. The obligation to protect and promote the client’s interests is balanced by the obligation to treat all parties honestly. 11.May not assume that the listing broker will pay him/her a cooperative commission. Article 3 clearly states, “The obligation to cooperate does not include the obligation to share commissions, fees, or to otherwise compensate another broker.” The cooperating broker must ascertain the terms of compensation, if any, before beginning efforts to cooperate. 12.Both A and B. According to the Standard of Practice 12-7, “Only REALTORS® who participated in the transaction as the listing broker or cooperating broker (selling broker) may claim to have ‘sold’ the property. Prior to closing, a cooperating broker may post a ‘sold’ sign only with the consent of the listing broker.” Thus, a cooperating bro-

August 2008

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pick an ideal floor plan • create great living spaces select interior/exterior design features pay only for what they love For information on all Orlando-, Daytona- and Lakeland-area KB Home communities, call (407) 587-3580.

Tammy M. Bowers Rachel Haggard kbhome.com Julie Head 888-KB-HOMES Tammy M. Bowers Rachel Haggard JulieAgent Head Closing Dept. Manager Operations Manager Closing Closing Dept. Manager Operations Manager Closing Agent 407-931-2889 phone 322 N. John Young Parkway 407-931-2889 phone 322 N. John Young Suite Parkway 407-931-2852 fax 1 13 407-931-2852 fax Suite 1 e-mail:flt@cfl.rr.com Kissimmee, FL 34741 KBHOME AD XXXXX 0601 Oscar.indd 1 6/6/08 9:26:32 AM e-mail:flt@cfl.rr.com Kissimmee, FL 34741 Osceola ReVIEW Broker Cooperation Welcome. ©2008 KB Home (KBH). Payment of Broker Co-op requires Broker to accompany and register buyer on first visit and comply with Broker Co-op Agreement. See Built to Order™ options and upgrades offered at KB Home Studio. All options/upgrades require additional charges, may require ordering at predetermined stages of construction and are subject to change/discontinuation anytime by KB Home. KB Home is not a custom homebuilder. Photo shows upgraded landscaping/options and may not represent community’s lowest-priced homes. See sales representative for details. Equal housing opportunity. CBC051212 ORL-72771

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4 COLOR

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President’s Perspective. Continued from Page 4.

Who may be solicited for RPAC contributions? According to federal election law, RPAC can solicit only individual members -- i.e., non-corporate members of NAR and their families. The term "members" means all individuals who currently satisfy the requirements for membership in any one of the local, state, and/or the National Association and regularly pay dues.

behalf of 5 champions of REALTORS® who were locked in toss-up elections, and amazingly all won! RPAC continued its bipartisan tradition, contributing 53% of its funds to Republicans and 47% to Democrats, which closely tracks the current makeup of Congress. RPAC was on the winning side of 97% of the 439 congressional and senate races we contributed to.

Executive, administrative and management personnel of the local, state and/or national associations are also considered under the NAR constitution to be members of the association and are solicitable even though they may not pay association dues.

Who establishes and implements RPAC policy? Much of RPAC's success is due to the high degree of organization that characterizes the REALTORS® Political Action Committee at every level. Leading the National RPAC organization are the National RPAC Trustees. The Trustees establish and implement RPAC policy in accordance with the RPAC bylaws and NAR policy as established by the NAR Board of Directors. The Trustees are made up of REALTOR® volunteers from around the nation who are appointed by NAR leadership.

Are contributions to RPAC tax deductible? No. Contributions used for political purposes are not tax deductible on your federal income taxes.

Does the National RPAC contribute to state or local candidates? Under the cooperative agreements in effect1between 2 the 1 2 National RPAC and the state association's Political Action How does RPAC establish fundraising goals? Committees, the responsibility for making contributions The dollar goal of the National RPAC, set by the National to federal candidates is assigned to the national RPAC, Trustees, is $15 per year per NAR member. At least $4.50 of 3 4 5 while6 state association's Texas 9 Career Development 7 Political Action 8Committees Committee Mtg. that goes to the National RPAC.Affiliates This goal is called a "fair Hold ʻEm 9:00 am - 1:00 pm 10:00 am - 11:30 am 5 New Member 3 4 6 7 8 Tournament decide which state and local candidates to support. Texas 9 Career Development 4 CE hrs. Affiliates Committee share." To ensure that all states contribute theirMtg. fair share toWelcome Doors Hold ʻEm 9:00 am - 1:00 pm MLS Marketing/Network 10:00 am - 11:30 am Public Policy New Member open 6:15 pm Tournament 9:00 am 11:00 am 4 CE hrs. & is Knowledge Committee Meetingto a party or particular candidate? at the money the RPAC effort, a states' annual MLS goal determined by theWelcomeCan I earmark Doors Marketing/Network 8:30 am - 10:00 am Public Association open 6:15 pm 3:00 pm - Policy 4:00 pm 9:00 am - 11:00 am & Knowledge Committee Meeting at the No. Under federal election law, the earmarking of number of members in that state based on the November 8:30 am - 10:00 am12 Entering & Updating 13 Association 10 11 15 16 3:00 pm - 4:00 pm14 Broker Series - Mod 4 contributions is illegal. ■ 30 membership report. The National RPAC accounting Listings in MLXchange Property Management Entering Updating 10 11 14 15 16 2:00 pm - 4:00 pm12 1:00 pm&- 3:30 pm 13 Broker Series Meeting 1 to December year runs from January 31. - Mod 4 Listings in MLXchange MLS Marketing/Network Property Management

AUGUST

Sun. 17 17

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Foundation Meeting 18 9:00Foundation am - 10:00 am Meeting 9:00 am - STARTS! 10:00 am SCHOOL SCHOOL STARTS!

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SEPTEMBER

9:00 am - 10:00 am Meeting 9:00 am - 10:00 am

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Labor Day Association Labor Day Closed Association ALL DAY Closed ALL DAY

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2:00 pm - 4:00 pm & Knowledge MLS Marketing/Network 8:30 am - 10:00 am & Knowledge 8:30 - 10:00 am19 MLSam Marketing/ Network & Knowledge MLSam Marketing/ 8:30 - 10:00 am19 Network & Knowledge RPAC Auction 8:30 am - 10:00 am Committee Meeting RPAC 10:00 amAuction - 11:30 am Committee Meeting Leadership 10:00 am - 11:30 am 26 Academy Makeup Leadership 26 10:00 am - 2:00 pm Academy Makeup MLS Marketing/Network 10:00 am - 2:00 pm & Knowledge MLS Marketing/Network 8:30 am - 10:00 am & Knowledge 8:30 am - 10:00 am

Tuesday

Creating Custom Reports 27 on MLS • 1:00 pm - 3:00 pm Creating Custom Reports Entering & Updating Listings27 in on MLS •10:00 • 1:00 pm MLXchange am--3:00 12:00pm noon Entering & Updating Listings in am Board of Directors 9:00 am - 10:00 MLXchange •10:00 am - 12:00 noon Executive Committee Board of Directors am - 10:00 am 8:00 am9:00 - 9:00 am Executive Committee 8:00 am - 9:00 am

Ethics (2 Sessions) 9:00 am - 12:00Code noon21 Quadrennial 1:00 3:00 pm Ethicspm (2 -Sessions) 9:00 amProfessionals - 12:00 noon Young 1:00 pmGet - 3:00 pm Network Together 6:30 pmProfessionals - Location TBD Young Network Get Together 28 6:30 pm - Location TBD

Tax Deferred 28 Exchanges Tax Deferred 9:00 am - 1:00 pm Exchanges 4 CE hrs. 9:00 am - 1:00 pm 4 CE hrs.

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3 Core Law (2GRI 4 Sessions-Pick 1) 3

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GRI 3 GRI 3

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15 Property Management 15 Meeting Property Management 9:00 am - 11:00 am Meeting 9:00 am - 11:00 am

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MLS Marketing/ 23 Network & Knowledge MLSam Marketing/ 8:30 - 10:00 am Network & Knowledge 8:30 am - 10:00 am

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S.A.F.E. 29 9:00 am - 12:00 noon 3S.A.F.E. CE hrs. 9:00 am - 12:00 noon 3 CE hrs.

MLS Marketing/ 30 Network & Knowledge 30 MLSam Marketing/ 8:30 - 10:00 am Network & Knowledge Broker Series Module 8:30 am - 10:00 am 5 2:00 pm - 4:00 pm Broker Series Module 5 2:00 pm - 4:00 pm

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20 9:00 am - 12:00 noon

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Osceola

Introduction MLXchange 9:00 am - to 12:00 noon

(Mandatory for New Members)

1

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Introduction MLXchange 1:00 pm to - 3:30 pm

(Mandatory for New Members)

MLS Marketing/ 16 Network & Knowledge MLSam Marketing/ 8:30 - 10:00 am16 Network & Knowledge RPAC Auction 8:30 am - 10:00 am Committee Meeting 10:00RPAC am -Auction 12:00 noon Committee Meeting 10:00 am - 12:00 noon 23

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New Member 10 Welcome New Member (Mandatory) Welcome 9:00 am - 11:00 am (Mandatory) 9:00 am - 11:00 am

17

Introduction to MLXchange 17 9:00 am - 12:00 noon Introduction to MLXchange Listing Maintenance 9:00 am - 12:00 noon 1:00 pm - 3:00 pm Listing Maintenance 1:00 pm - 3:00 pm

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Introduction to MLXchange in 24 Introduction Spanish to MLXchange inpm 10:00 am - 1:00 Spanish 10:00 am - 1:00 pm

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Clarion Hotel-Ric Giumenta Core Lawam (2 -Sessions-Pick 9:00 12:00 noon 1) Clarion Hotel-Ric Giumenta or 1:00 pm - 4:00 pm 9:00 am - 12:00 noon or 1:00 pm - 4:00 pm 11 Board of Directors 9:00 am - 10:00 am11 Board of Directors Executive Committee Mtg. 9:00 am - 10:00 am 8:00 am - 9:00 am Executive Committee Mtg. 8:00 am - 9:00 am Quadrennial Code 18 Ethics (2 Sessions-Pick 1) 9:00 am - 12:00 Code noon or Quadrennial 18 1:00 - 4:00 pm 1) Ethics (2pm Sessions-Pick 9:00 am Professionals - 12:00 noon or Young 1:00 pmGet - 4:00 pm Network Together 6:30 pmProfessionals - Location TBD Young Network Get Together 25 6:30 pm - Location TBD

Effective Purchase & Sales 25 Contracts Effective 4Purchase CE hrs. & Sales 9:00 Contracts am - 1:00 pm 4 CE hrs. 9:00 am - 1:00 pm

5 Affiliate Committee Mtg. Affiliate 9:30 am - 10:30 am Committee Mtg. 9:30 am - 10:30 am

5

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RPAC Auction (Texas Hold ʻEm 6 Finals) St. Cloud RPAC Auction Civic Hold Center (Texas ʻEm 3001St. 17th Finals) Cloud St. Cloud Civic Center 6:3017th pm 3001 St. Cloud 13 6:30 pm

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August 2008


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August 2008

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ASSOCIATION NEWSMAKERS ROBERT LOOS, Broker, ELLIS Realty, Inc. – Appointed to City of Kissimmee Planning Advisory Board I Robert was recently appointed to the City of Kissimmee's 'Planning Advisory Board', which is composed of seven members appointed by the City Commission for 3-year terms to assure development compliance with the City of Kissimmee's Comprehensive Plan. Robert is bringing experience that he has gained while working for the City of Miami's Citizens Response Center as a liaison to the Downtown Development Authority. Robert is a Green Certified Real Estate Professional, and a member of the 'Global Green Alliance' and the 'U.S. Green Building Council', as well as a member of Association’s Public Policy Committee. Robert stated that he is grateful for the training he received this past year in the Association’s 'Leadership Academy', as it assisted him in sharpening his leadership skills that will enable him to exert a stronger, positive influence in my community, Association and Profession. DEBRA JOWERS, REALTOR® - Senior Real Estate Specialist (SRES) Designation Debra Jowers recently received her SRES designation. The SRES® 12-hour designation program instructs REALTORS® to profitably and ethically serve the real estate needs of clients age 50+. It includes first year membership in SRES Council and its umbrella of services. Three requirements must be met to attain and use the SRES® designation: 1. Successful completion of the two-day SRES® Designation course, including an 80% passing grade on the exam. 2. Maintain active membership in the National Association of REALTORS®. 3. Maintain active membership in the SRES Council. ■

Association Leadership President........................................ Hope Andrews President-Elect................................Sean Ferguson Vice-President................................... Marie Collins Secretary........................................... Len Goffredo Treasurer......................................... Minetta Garay Past President.......................................... Jack Frey Directors Riva Alexander Jose Alvarez Andrey Bustamante David DeLoach Cheryl Grieb Kemp Howland Jerry Kelley Rosebud Kinkead Richard Knapp Veronica Malolos Denise Sacks Legal Counsel.................................Danny Villazon

WELCOME NEW MEMBERS Georgia Bryant......................Frontier Realty of Central FL, Inc. Melissa Arony........................ Classic Real Estate Ventures, Inc. Patrick Carter..................... Century 21 All Homes & Properties Jose Diaz......................................Fast Realty & Mortgages, LLC Michael Echkhoff.......................Coldwell Banker Ackley Realty Jane Febres C DeVaccari....................For Sale Properties, Inc. Olga Jimenez.............................Coldwell Banker Ackley Realty Ricardo Jimenez....................... Univeral Investments & Homes Michael LaRosa.......................................... LaRosa Realty, LLC Camilo Macias.......................................DPG Realty Group, Inc. David Melillo............................Century 21 Premium Properties Debra Meyer ..........................Century 21 Premium Properties Gloria Munoz.....................................................2 Good Realty David Plasencia.........................Coldwell Banker Ackley Realty Martin Shenk...........................Century 21 Premium Properties Kathleen Yeasted.......................................Imagination Realty

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August– 2008


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