299 Hildred Dr # 299

The first-due engine company encountered heavy smoke and fire issuing from the enclosed back porch of the residence. Firefighters stretched a hose line to the rear porch of the single-family wood-framed structure and extinguished the fire within four minutes after arrival. After opening the ceiling of the adjacent kitchen to check for fire extension, crews noted that fire had not extended through the walls into the residence. Due to the high intensity of heat and flashover conditions on the rear porch, the fire began to burn through the exterior door leading from the porch to the kitchen prior to extinguishment. 16 firefighters worked for approximately one-half hour to completely extinguish this fire and perform overhaul operations. As this fire occurred at shift change, extra personnel responded on each apparatus beyond the typical 12 -14 firefighters.

During the course of this fire investigation, it became apparent that an occupant attempted to extinguish the fire with pots filled with kitchen faucet water, but decided to evacuate the structure prior to opening the kitchen door leading to the porch. If the occupant had opened the kitchen door, a serious tragedy may have occurred, as the occupant would have been immediately overcome by heavy fire and superheated smoke from the porch.

Total fire loss is estimated at $50,000 (property) and $5,000 (contents), and was limited to the exterior rear porch and interior kitchen walls. Estimated property value is $334,500 and contents are valued at an estimated $100,000. No firefighters or civilians were injured during this incident. This property is owned by Daniel DeVan of Massachusetts, and was rented to a family of four at the time of the fire. The building was insured by the property owner, but the occupants did not have renter’s insurance at the time of the fire.

The Burlington Fire Marshal’s Office investigated this fire and determined the cause to be accidental in nature – careless disposal of hot fireplace ash in a paper bag on the rear porch wood steps. This fire smoldered overnight after the ashes were placed on the back porch at approximately 6:00 pm on Monday, December 26.

The public is reminded that hot ashes from a fireplace or woodstove should only be disposed of in a metal container with a lid that is able to be secured. The container should be stored outside of the structure and clear of all combustible materials. All homes should also have functioning and properly placed photoelectric smoke and carbon monoxide detectors in place on each floor and near each sleeping area to notify occupants in the event of a fire. In this case, smoke detectors did not initially activate until the house windows inside the porch failed due to high heat, as all smoke and fire was initially confined to the exterior rear porch. The Fire Marshal’s Office would also like to emphasize that the only correct actions to take in the event of a fire in an occupied structure is to immediately evacuate the structure and report the fire by calling 9-1-1.

Thought I would pass this one on to anyone in a “Townhouse or Condo Association”! We just found out that Fannie Mae and Freddie Max passed new laws last fall which affect anyone in a condo situation. If anyone in the association owns more than 10% of the property, as in our situation one person owns two units, then no one in the association can get a refinancing with a FIXED interest rate, you can only get a variable rate. Also if you try to sell your unit, the new buyer can only get a variable rate and not a fixed rate of interest. Also if a certain percentage of the units are in default or files for bankruptcy again it affects EVERYONE in the complex and you may be turned down if you try to refinance or get a loan. This could make a big difference if you try to sell because most people want a FIXED interest rate and could turn people away from buying your place!! Has anyone else run into this problem…and if so did you find a way around it??? If so please let me know??

I’ll need to ask some of the local lenders if this is indeed correct. If correct, it will certainly hurt owners of smaller condo developments in the Burlington area.

§ 4-109. Resales of units.

(a) Except in the case of a sale where delivery of a public offering statement is required or is exempt under subsection 4-101(b) of this title, a unit owner shall furnish to a purchaser before the conveyance or transfer of the right of possession of a unit, whichever is earlier, a copy of the declaration, without any plats and plans, the bylaws, the rules or regulations of the association and a certificate which discloses the following:

(1) The effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit held by the association.

(2) The amount of the periodic common expense assessment and any unpaid common expense or special assessment currently due and payable from or by the seller.

(3) Any other fees payable by the owner of the unit being sold.

(4) The amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified projects.

(5) The most recent regularly prepared balance sheet and income and expense statement, if any, of the association.

(6) The current operating budget of the association.

(7) Any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant.

(8) The amount of any insurance coverage provided for the benefit of unit owners.

(9) Any alterations or improvements to the unit, or to the limited common elements assigned to it which violate any provision of the declaration within the knowledge of the executive board.

(10) Any violations of the health or building codes with respect to the unit, the limited common elements assigned to it, or any other portion of the common interest community within the knowledge of the executive board or managing entity.

(11) The remaining term of any leasehold estate affecting the common interest community and the provisions governing any extension or renewal of it.

(12) Any restrictions in the declaration affecting the amount that may be received by a unit owner upon sale, condemnation, casualty loss to the unit or the common interest community, or termination of the common interest community.

(b) The association, within ten days after a request by a unit owner, shall furnish to the unit owner a certificate containing the information necessary to enable the unit owner to comply with this section. A unit owner providing a certificate pursuant to subsection (a) of this section is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.

(c) A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter.

Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.

Case-Shiller Index sung as opera.

It was interesting to hear that despite the boom and bust, home prices are now pretty close to what they were in

Sec. 1. FINDINGS
The general assembly finds and declares that:
(1) The U.S. Environmental Protection Agency and the Vermont
department of health estimate that 40 percent of Vermont residents obtain
drinking water from private wells.
(2) Property owners are not required to test private wells used for
potable water, and the state does not regulate the water quality of private
drinking water wells.
(3) In adults and especially in children, contaminated well water can
cause serious health effects, such as digestive problems, kidney problems, blue
baby syndrome, and brain damage.
(4) Because the state does not regulate water quality in private wells,
the state lacks a comprehensive database or map identifying where
groundwater contamination is prevalent in the state.
(5) To help mitigate the potential health effects of contaminated well
water, the state should require well tests for all newly constructed or drilled
wells and should conduct education and outreach regarding the need for
property owners to test the water quality of private wells used as potable water
supplies.
(6) The state should utilize private well tests to construct a database and
map of groundwater contamination in the state so that the department of
health can recommend treatment options to property owners in certain parts of
the state.
Sec. 2. 10 V.S.A. § 1981 is added to read:
§ 1981. TESTING OF PRIVATE WELLS; NEW WELLS
(a) After construction of a newly drilled well intended for use as a potable
water supply, the owner of the property on which the well is located shall test
the well for the parameters set forth in subsection (b) of this section.
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2011 Page 6 of 7
VT LEG 262102.1
(b) A water test conducted under this section shall include, at a minimum, a
test for arsenic; lead; uranium; gross alpha radiation; coliform bacteria,
nitrate, nitrite, fluoride, manganese, and any other parameters required by the
agency by rule.
c) The secretary, after consultation with the department of health, the
wastewater and potable water supply technical advisory committee, the
Vermont association of realtors, the Vermont home inspectors’ association,
private laboratories, and other interested parties, shall adopt by rule
requirements regarding:
(1) when, after construction or drilling of a well, the well test required
under subsection (a) of this section shall be conducted;
(2) who shall be authorized to conduct the well test required under
subsection (a) of this section, provided that the rule shall include licensed well
drillers among those authorized to conduct the test;
(3) how well samples will be delivered for testing, including the form
and information to be submitted with the well sample;
(4) a current, nationally-recognized accreditation or approval that an
in-state or out-of-state laboratory shall possess in order to conduct a well test
required under subsection (a) of this section; and
(5) any other requirements necessary to implement the requirements of
this section.
(d) Any laboratory that analyzes a water sample of a private well in
Vermont shall report the results of the well analysis to the entity submitting the
sample and shall report, in an electronic format, to the department of health
all information that is required by the department pursuant to the rule adopted
under subsection (c) of this section.
Sec. 3. 27 V.S.A. § 616 is added to read:
§ 616. PRIVATE WELL TESTING; DISCLOSURE OF EDUCATIONAL
MATERIAL
(a) Prior to the execution of a purchase and sale agreement for a property
not served by a public community water system, the seller shall provide the
buyer with informational materials developed by the department of health
regarding:
(1) the potential health effects of untreated well water; and
(2) the buyer’s opportunity under the agreement to test the potable
water supply.
(b) Noncompliance with this section shall not affect marketability of title.
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VT LEG 262102.1
Sec. 4. DEPARTMENT OF HEALTH; EDUCATION AND OUTREACH ON
SAFE DRINKING WATER
The department of health, after consultation with the agency of natural
resources, shall revise and update its education and outreach materials
regarding the potential health effects of contaminants in private sources of
drinking water in order to improve citizen access to such materials and to
increase awareness of the need to conduct testing of private water sources. In
revising and updating its education and outreach materials, the department
shall update the online safe water resource guide by incorporating the most
current information on the health effects of contaminants, treatment of
contaminants, and causes of contamination and by directly linking users to the
department of health contaminant fact sheets.
Sec. 5. EFFECTIVE DATES
(a) This section and Secs. 1 (findings), 3 (disclosure of educational
material), and 4 (department of health; education and outreach) of this act
shall take effect upon passage.
(b) Sec. 2 (testing of private wells) of this act shall take effect upon
passage, except that 10 V.S.A. § 1981(a) (well test requirement) and 10 V.S.A.
§ 1981(d) (well test reports) shall take effect on July 1, 2012.

BILL AS INTRODUCED H.272
2011 Page 1 of 5
VT LEG 264863.2
1 H.272
2 Introduced by Representatives Botzow of Pownal and Marcotte of Coventry
3 Referred to Committee on
4 Date:
5 Subject: Highways; private roads; road maintenance; cost allocation; banking;
6 mortgages
7 Statement of purpose: This bill proposes to:
8 (1) require that in the absence of a written agreement regarding the
9 allocation of maintenance costs for a private road, the costs shall be divided
10 ratably among the owners of property that utilize a private road for access and
11 the holders of recorded easements with a right to use the private road for
12 access; and
13 (2) authorize recovery of damages and injunctive relief by owners or
14 easement holders damaged by another’s failure to contribute ratably to
15 maintenance costs.
16 An act relating to maintenance of private roads
17 It is hereby enacted by the General Assembly of the State of Vermont:
18 Sec. 1. LEGISLATIVE FINDINGS
19 The general assembly finds that:

(1) Fannie Mae (the Federal National Mortgage 1 Association) is both a
2 major purchaser of residential mortgage loans on the secondary market and an
3 organization that sets the standards for the underwriting and legal requirements
4 for loans sold on the secondary market.
5 (2) The current Fannie Mae appraisal form contains a section for the
6 appraiser to comment on off-site improvements—including private streets—
7 and to indicate whether the improvements are publicly or privately maintained.
8 If a property is located on a community-owned or privately owned and
9 maintained street, Fannie Mae requires a legally enforceable agreement or
10 covenant for maintenance of the street.
11 (3) On January 31, 2008, Fannie Mae issued Announcement 08-01,
12 which specifies that Fannie Mae will permit the delivery of mortgage loans for
13 properties for which there is no such maintenance agreement or covenant,
14 provided that the property is located in a state that has statutory provisions
15 defining the responsibilities of property owners for the maintenance and repair
16 of private streets. Prior to this act, Vermont had no such statutory provisions.
17 (4) Since the mortgage crisis, Fannie Mae has become stricter in its
18 underwriting standards and in enforcing the private street maintenance
19 agreement requirement. Because the ability to sell mortgages to Fannie Mae
20 on the secondary market is critical to most mortgage lenders, this has delayed
mortgage closings and created uncertainty 1 for Vermont homeowners
2 throughout the state.
3 (5) When a conflict arises among persons who share a private road but
4 lack an express agreement concerning the maintenance of that road, the
5 Vermont Supreme Court has applied common law equitable principles to
6 apportion the cost of maintaining the private road. In the reported decision
7 Hubbard v. Bolieau, 144 Vt. 373 (1984), the Supreme Court held that “when
8 several persons enjoy a common benefit, all must contribute rateably to the
9 discharge of the burdens incident to the existence of the benefit.”
10 (6) Vermonters have a long history of working together to share the
11 costs of maintaining private roads. Nothing in this act disturbs existing
12 cooperative arrangements between neighbors, whether written or unwritten.
13 Instead, this act establishes a default standard that will facilitate sales of
14 mortgages and reduce uncertainty for Vermont homeowners, apply only in the
15 absence of a written agreement, and rely on established principles of Vermont
16 law to resolve conflicts.
17 Sec. 2. 19 V.S.A. chapter 27 is added to read:
18 CHAPTER 27. PRIVATE ROADS
19 § 2701. DEFINITIONS
20 As used in this chapter:

(1) “Maintenance” shall include activities 1 related to the upkeep of a
2 private road in its existing condition and as necessary to allow safe passage on
3 the private road within its existing scope of use. “Maintenance” shall not be
4 construed to include any expansion of or capital improvements to a private
5 road.
6 (2) “Owner” and “holder” mean a person other than the state of
7 Vermont, its instrumentalities, or a municipality.
8 (3) “Private road” means a road owned by one or more persons and used
9 by more than one owner or holder of a recorded easement as a means of access
10 to one or more parcels of land.
11 (4) “Ratably” means payment of the expenses for maintenance of a
12 private road based on a pro rata share among the owners and easement holders.
13 § 2702. PRIVATE ROAD MAINTENANCE
14 In the absence of any written agreement—including obligations established
15 by covenants and requirements contained in deeds, state and local permits, and
16 land development and subdivision bylaws—regarding the allocation of costs
17 for the maintenance of a private road, the owners of property that utilize a
18 private road for access and the holders of recorded easements with a right to
19 use a private road for access shall contribute ratably to the payment of the
20 expenses for maintenance of the private road on account of the common
21 benefit enjoyed by each owner and easement holder.

1 § 2703. ENFORCEMENT
2 If an owner or easement holder fails to pay after demand his or her ratable
3 share of maintenance costs as required under section 2702 of this chapter, an
4 owner or easement holder who suffers damage as a result may bring an action
5 in the civil division of a superior court where the private road is located for
6 damages or injunctive relief or both.
7 Sec. 3. EFFECTIVE DATE
8 This act shall take effect on July 1, 2011.

Saving Money with Homebuyers Tax Credit and VA Home Loans

Civilian first-time buyers are no longer able to receive tax credits for their first-time home purchases; however, active duty service members may still be eligible. To aid those who have recently served overseas, Congress has granted a one-year extension on the homebuyers tax credit to certain military members.

Who is Eligible for a Tax Credit Extension?

Only service members who served “official extended duty” between the dates of December 31, 2008 and May 1, 2010 may be eligible to receive the tax credit extension.  Those who served between these dates must have also served for at least 90 days, and must be considered a qualified service member. Qualified service members are:

• Members of the U.S. armed forces
• Members of the U.S. Foreign Service
• Employees of the intelligence community.

In addition to the above eligibility requirements, military homebuyers must also enter a binding sales contract by April 30, 2011 and expect to close on their home by June 30, 2011 if they wish to receive the tax credit. Military members who were unable to complete 90 days of service due to medical reasons may still be eligible for the tax credit as long as their time of service falls between the allowed dates.

Why Should I Combine My Homebuyers Tax Credit with a VA Home Loan?

Choosing a VA home loan to purchase a first home can save a military member and their family thousands over the life of their loan.  A VA home loan is a mortgage loan backed by the Department of Veterans affairs, which affords military members money saving benefits they would not be able to find in other conventional loan programs. With a VA home loan, military members can expect to benefit from:

• Zero down payment option
• Competitive interest rates
• Flexible loan terms
• No monthly PMI payments

Not only will eligible service members be able to achieve affordable and accessible homeownership with a VA home loan, but also they will then be able to use the money received from their homebuyers tax to make home improvements, go on vacation, or invest in college or retirement funds.

To be eligible for a VA loan, a service member must have completed one of the following:

• Served at least 3 months on active duty during war time
• Served 181 days on active duty during a time without conflict
• Served 6 years in the military Reserves or National Guard

Although there are no income or credit requirements needed to obtain a VA home loan, most VA approved lenders will require a credit score of at least 620 to secure financing. Veterans and active duty service members will also need to submit a Certificate of Eligibility to become eligible for a VA home loan. Acquiring a Certificate of Eligibility can be done through the Department of Veterans Affairs, or through contacting a VA approved lender, such as VA Mortgage Center. For more information of VA home loans, contact a VA approved lender today!

When I called Smarter Agent for more information, I expressed my concern that the default upload would promote my competitor and asked if they could change the default to either my company or have it rotate through companies. I was told that SA was aware of the situation and it was something they were working on. This it turns out was incorrect.

Around Christmas,  I reinstalled the SA app on my phone and found that it was not branded to my company but to my competitors. I had my fiancee install a copy and it too installed a copy branded for my competitor. Of course this was concerning–I’m paying a monthly fee to help promote my competiton! I called to notify SA right away. On 1/13/2011 I emailed again to find out if the issue had been resolved. Larry Davis wrote back:

Not completely, the issue is still listed as open.  What the tech guys keep saying is that when the text message is received on the phone, the phone number automatically populates that field.  So far the only reason they say that a different phone number than yours would be there is if the phone was a replacement or had been refurbished at some time.  The whole process with the text platform really is automated, the code identifies the phone & carrier so the correct version of the app will be downloaded.  Any chance the phones you are referring to were not new/out of the box?

My fiancee’s phone had been repaired by HTC and was refurbished. My phone however had not been repaired and was brand new when I purchased it. I figured they were working on the problem until 2/28/2011 when I emailed:

Hi Larry,
 
I assume that not having heard from you means that the issue with refurbished phones has not been fixed. As you can understand, I cannot promote a product which may well in turn promote my competition.  If the problem cannot be fixed soon, I hope you can provide me with a refund. I cannot use the service as it is.

This time the Smarter Agent response was very different. I was told that it is no longer a problem with Smarter Agent, but a problem with users. The system is supposed to work by recognizing the number from where the text message was sent. This should be automatic. Now however, Larry explains that the number needs to be entered manually by the user.  But it is not simply an issue manually entering the number, but of deleting the incorrect number automatically populated by the application and then reentering the correct number. This process of deleting the automatically generated number that Smarter Agent creates is not obvious and if a user misses this step, like both I and my fiancee did, and uses the incorrect autopopulated number then the user has just signed up with your competitor rather than you.

Hi Pike,

There really is not an issue with refurbished phones.  When any app is sent to any phone, the phone number of that phone is usually identified before the app can be downloaded.  This can vary from carrier to carrier, the number may not self populate and may need to be manually entered.  Either way, the number that is entered before the app is downloaded should be able to be changed and needs to match that device.  You should be able to see the phone number that the phone is identifying and if it is not correct, you should be able to enter the correct phone number for that device.  This really is not an issue with our app but an issue with the phone and this should be easy for the user to correct.
 
We cannot provide a refund but we can cancel your service.  I have copied Mike Mercer on this message, he handles these things.  Even though you signed up with an annual contract we can cancel your service with 30 days notice and a $99 cancelation fee and the balance returned would be the prorated amount.
 Larry

So I’m out several hundred dollars and may have inadvertantly sent prospects to my competitor. But now that I know I need to do more research and testing before signing on with a tech company, I can now say that I am truely a smarter agent. Be smart and make sure that you won’t send prosepects to your competition–make sure Smarter Agent works properly before subscribing to its service.

I assume Sanders and his office doesn’t accept mail at @sanders.senate.gov eddresses to avoid the spam that must inevitably be sent to the office. However, there are better ways of protecting the office from spam than insulating yourself from your voters. I don’t think Bernie reads his mail. The platitudes he’s sent me in response to questions I’ve sent him have never been on the same topic.

That Mclean would write to me asking a favor but fail to provide an means of contacting him is–well I don’t quite know what it is. I do hope poor planning on the part of Mclean doesn’t represent the senator’s  office performance in general.