Predators - The "two legged" Kind

Continuing the "predator" theme.

So, we have "four legged" predators among us. But what about the "two legged" kind? Well, we have the obvious two-legged and two-winged varieties. Those hawks that frequent our property and the herons at the lake, those are the obvious ones. When I saw that predator attack (Note 1) I thought "Well, I have listened to fellow owners with their "fox in the henhouse" stories at BLMH for years, and here is the real thing!"

But what about the "walking kind" of predators? Is that a problem? An owner came to the June association meeting and expressed her concern about a nearby robbery. Not on our property, but nearby. Should we be concerned about this type of obvious preying upon some members of society by other elements of society? It's my opinion we should be cautious. This association is quiet, tranquil and can give one a sense of serenity which is not representative of most of this planet. We're not alone with that complacency. The ducklings used to wander all over the grounds, but no longer. Not after that four legged critter got one of them (see my blog dated June 23, 2011). That event caused a stir among some of the buildings on my court. My point is this. There ARE predators out there. Some are hidden. Some talk pleasantly. Some will rob you, or worse, if given the opportunity. The association newsletter from time to time provides guidance on this. The Wheaton Police publish "safety tips" and "the Patch" has a police blotter.

Yet, there are those who insist caution isn't necessary. It's my understanding, even members of the board have, from time to time, resisted publishing articles reporting problems on the property and promoting caution. Why? Those predators are out there, no kidding! And they come in all shapes and sizes. Still believe it couldn't happen? Here's a true story. One of my elderly relatives was hounded by a stock broker for months, she told me, and finally "gave up" and gave him her money to buy stock on her behalf. She concluded the story by telling me that she "lost it all!" What was she doing purchasing stock at the age of 90? I don't know, you'll have to ask the broker. It doesn't make sense for someone that age to do that, but she did. How did this happen? Salesmen and women are not required to act as fiduciaries; they don't have to do anything in your best interest. This applies to all kinds of "professionals," none of whom are "fiduciaries."

So, I say, be cautious. Follow common sense and do as the association recommends. (I know, I'm being a "party pooper," again). But here's the problem. Some of your neighbors will say "it's fine, there's no need to be cautious." But when things go bad, it's my experience these are the same people who start yelling about "how could this happen," and "I don't feel safe!"

Here's the bottom line. Your board is comprised of people who are supposed to act as fiduciaries, in the association's best interest. Individual owners are not fiduciaries and can promote their personal interests. So there is a conflict. I suggest owners should be aware of that conflict. So who should you "trust" and who should you "believe" is acting in your best interest? An owner or the board? Well, it's a sad state of affairs to say that there are those in this association who promote trusting your "neighbor" over the board of the association. But again, when things go bad, those same owners will come running, dial the emergency number and expect a response "now or sooner." Funny, they don't call the owners who told them "you can't trust management or the board," do they? No they don't, and for good reason.

So why do some owners demote the board? Well, it is true, individual members of a board can operate contrary to their fiduciary duties. What works is when the entire board discusses issues, forms a consensus and then acts. Such action should be consistent with their duties as fiduciaries. The dangers of sub-groups among owners is well published. What about sub-groups among the board? Has that happened? The question I pose is, when a sub-group on a board operates concealed from the rest of the board, are they operating as fiduciaries or something else? This is for another post! But consider how such behavior could damage the trust of owners and support any owner or owners who want to undermine the board.

Returning to the issue of owners demoting a board, that's an appropriate thing for an owner to do if they intend to promote their personal interests as an owner. Remember, to an owner, it might be "me first" and "association second." It isn't necessarily the right thing to do, but "owners will be owners." What are the possible advantages of such behavior to an owner? Well, getting something that is to their personal advantage or personal interest, is the obvious answer. Sometimes, that "something" may be also be to the advantage of a few other owners. But, because an owner doesn't act as a fiduciary, if things turn out to the benefit of another owner, or owners, or the association, that's merely a coincidence.  There is no "requirement" for an owner to be a fiduciary, nor should there be. On the other hand it's the "role" of the board to function as a fiduciary. That may be to the disadvantage of some owners. A board operating as fiduciaries has specific "duties and responsibilities." This is all common sense, isn't it, just like locking your doors?

When owners hear all of these stories, they need to make a choice. Same as when they hear me promoting and advocating "caution."

So you have a choice. Who are you to believe? When I had a problem that required police assistance, there were those who said "So you wasted taxpayers money by calling the police.....they will agree with you, that is what they are supposed to do." Okay, so these same people seem to promote the idea that we should find people who agree with us and "herd mentality" will protect us. Somehow, that doesn't work with the wildebeests in Africa, who are preyed upon by lions. Closer to home, it didn't work for the ducklings, either, when that four legged critter attacked. Some got away, but one duckling didn't. When things got bad, that mother duck was about as helpful as some of the owners here who preach "don't trust the board," "don't use caution," etc. When owners tell me on the one hand that "you can't trust management, or the board, etc." and on the other preach "we shouldn't have to lock our doors" I begin to wonder if they lack common sense, or are simply throwing others to the wolves? Bad advice is bad advice, I have always been told.

Realistically, I don't think this association can or should build a wall around itself. Why? because so many of the problems aren't obvious, and can't be easily stopped by a "wall." The "two legged" predators are closer than we might think, and may have easy access. Like that "stock broker" in my story; ultimately all it took was one more telephone call.

But how close are they really? That's difficult to say with certainty. Why? Because people don't always speak honestly. If they did, they would tell us they were promoting an agenda or a special interest. But in doing so, they would lose their advantage. We had a politician here in the state who was, for a time, well liked. He did some wonderful things for special groups; free bus rides, for example. Nice self serving signs on the tollway. Yesterday former Governor Rod Blagojevich was found guilty of 17 counts of corruption, including trying to sell the U.S. Senate seat!

In a broader area, it's a serious problem. Sufficiently serious in Illinois that we have an "Illinois Department on Aging" which has takes it very seriously. In this state there is the  "Illinois’ Elder Abuse and Neglect Act."

It, with the Department on Aging, has published guidelines and they have published information for police departments, bankers and even a brief brochure for the elderly. That publication states "One In Four Seniors Will Be The Victim of Financial Crime" and this is the serious stuff, not the "petty" work paid for but not done type of stuff:

Link to: publications-elderly-brochure

With the economic downturn, there has been an increase in cases on the "police blotters" and various magazines and newspapers. I don't know if this is representative of an actual increase in the scope of the problem. However, and for example, the Stamford Advocate (Note 3) had an article on this problem in an article dated January 16, 2010. That article, entitled "Preying on elderly: An age-old problem worsens" is somewhat typical. To quote:

"It's an old story with a couple of twists. When we age, strength and memory decline and we depend more on others, who don't always do right by us.

What's new is that reports of abuse of senior citizens are increasing, and "abuse" has come to include theft.

Older people are being robbed by their children, grandchildren, caregivers, friends and strangers. It can be as devastating as physical abuse, since people on fixed incomes usually have little chance to recover from the loss of money and property.

It makes sense that seniors are targeted, since 70 percent of all the country's wealth belongs to people age 50 and older, said Marie Johnson, executive director of Senior Services of Stamford, a 101-year-old organization that helps seniors manage their money, offers financial aid and connects them to services."

When you read the above article, I think it's useful to keep this in mind. Cognitive ability begins to decrease when we reach the age of 50. There are differing circumstances, but to assume we are "fully functional" at 55 is probably suspect.

There are grey areas (no pun intended), all based upon one's life experiences. One of the reasons I am an advocate for owners use of licensed, bonded and insured businesses is to protect our owners from companies and individuals who may do poor work, or incomplete work, or overcharge for services. At what point is that  type of behavior a "soft predator." 

PRESS RELEASE - From City of Wheaton
Friday, May 27, 2011

Wheaton Encourages You to Register for Smart911 Service

WHEATON, Ill. – If you call 9-1-1 from a land line in Wheaton, dispatchers can determine your location and send help, even if you are unable to speak or if the call is disconnected. If you are using a cell phone – and about 70 percent of calls to 9-1-1 now come from cell phones, according to the FCC – there is no guarantee dispatchers can locate you.

A new service now in place in Wheaton can help solve this dilemma, plus provide emergency responders with information that may greatly improve their ability to assist you.

The DuPage Emergency Telephone System Board, which oversees the telephone and radio systems that fire, police and ambulance services in DuPage County use, recently added the Smart911 service to its dispatch systems. Smart911 allows you to provide pertinent information about yourself, other people in your household, pets or special circumstances that only is accessible to emergency dispatchers when you call 9-1-1. While Smart911 is an optional service, Wheaton’s Police and Fire Departments encourage you to register so that emergency personnel can better respond to your specific needs during an emergency.

By registering your cell phone number(s) with Smart911, if you call 9-1-1, dispatchers can quickly identify the person or people associated with the phone number – just as if you called from a land line – plus any other pertinent information you want emergency responders to have. You can offer as much or as little information as you would like through Smart911, a private, secure service that is only available to an emergency dispatcher when you call 9-1-1 from a registered phone number. Unless you call 9-1-1, information remains securely protected in the Smart911 database and is not retrievable for any other use. A single Smart911 account can be tied to all of the land line(s) and cell phone(s) numbers associated with a residence, so if someone calls from any of those numbers, the dispatcher will have your information available, even if you are calling from your cell phone away from home.

There are many instances in which Smart911 can give emergency responders the information they need to properly assist you, other people in the residence or your property – and possibly even save your life. Examples of the information you can share include:

• Severe medical allergies or medical conditions that might affect how paramedics treat your medical emergency
• Information about physical or mental impairments that can help first responders respond appropriately
• Language barriers that exist for anyone in the household
• Locations for gas and electrical shutoffs in your home
• Physical descriptions and/or photos of your children to provide to emergency responders in the event of a missing child, fire or other emergency.
• Number/type of pets in the household and any relevant information
• Any other special circumstances that could assist emergency personnel in responding to your emergency.

To register for Smart911, visit www.smart911.com and fill out a profile that can be tied to your land line and/or one or more cell phone numbers. 

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Comments, Corrections, Omissions, References
Note 1. Link to: June 23, 2011-They-said-there-were-predators-at-blmh
Note 2. That word was used again during an association meeting. "Transparency" was a buzz or code word used by a certain group here. It was used again by an owner during the June association meeting. A coincidence? I think not. Simultaneously, the latest rumor, I have been told, includes the story that our suppliers are doing work for us (providing services) in repayment of "loans" that the association has made to them. In other words, we allegedly have vendors who are working for us because the association loaned them money, and this is their method of repayment! Wow! The truth is, we have vendors who have provided us with very favorable terms which effectively "extended payment terms" to the association. Gee, isn't that like saying "I'll provide this service and you get 90 or 120 days to pay?" In such a case, the money was loaned to us! Now who would be the source of these stories? Who could promote this type of stuff and carry it out with with an air of  "authority?" Hmmm?
Note 3. Link to article:
http://tinyurl.com/StamfordAdvocatePreyingElderly