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Volume 5, Issue 5 – September/October 2006
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Welcome to our Communiqué!Welcome to another edition of the Communiqué. I hope you are heading into the fall season with great plans for living life to its fullest. I am often reminded that life is short and each day is to be enjoyed and treasured. Visiting family and friends is always a great way to keep in touch with what really counts in life – or better yet, having them visit you! If there is ever anything we can do to help bring your family and friends closer to you with a vacation home, vacation rental or primary residence, we would welcome the opportunity. Our staff is experienced and family oriented. They know quality and selection. We hope you enjoy this issue of the Communiqué and take advantage of our website information. ------
As we come across interesting questions raised by clients and colleagues, we will publish them with our response for your viewing. Many questions have reoccurring themes and some are very specific -- we hope you will be able to use the information in some way or you may just choose to keep it for reference material. Dear Carla, My cousin is having serious financial problems and is considering bankruptcy. She fears losing her house, if she files for bankruptcy. Would Florida’s homestead laws protect her? Sincerely, It would depend on her situation, but it is possible. She would need to meet three requirements for her property to qualify for homestead protection. Let me explain the associated legal principle --which protects a home in Florida from creditors’ claims. First of all to my understanding, the real estate in question must be ½ acre, or less inside a municipality or 160 acres outside a municipality. A condominium, co-op unit, mobile home, motor home, or houseboat -on leased land on dock with permanent utilities’ connections can be a homestead. Also, there is no limitation as to the value of the property. Second, the real estate must be owned by a real person. It cannot be owned by a corporation or any other business entity. A trust is not a legal entity; therefore a trust beneficiary who is living on the property would be entitled to claim it as his or her homestead. Third, the owner must pass a residency test. This means that the property owner -or a member of the owner’s family- must live on the property at the time homestead is claimed. If the owner does not live on the property, then the owner or a member of the family must intend to live permanently on the property in the future. Only one homestead is allowed by any one property owner. In article X, Section 4 of Florida’s constitution it states that real property, where the owner or a member of his or her family makes a permanent residence, is exempt from seizure or forced sale for payment of debts. So, no matter how large the debt or how wronged the parties owed, creditors cannot take a person’s homestead. When a homestead owner dies, homestead designation also protects the spouse and family. The surviving spouse automatically receives a “life estate” in the property. The Florida constitution allows for a few exceptions. Mortgages, property taxes, assessments, home improvements, and federal tax liens can still attach to homestead properties. I always suggest having a real estate attorney handle these types of issues. Thanks, ------ Choose a Contractor Wisely
Source: article by Marshall Loeb of Marketwatch ------ What is an By: Demian Kruchten – Kruchten Law Firm ------ Make Security a Top Priority
Sliding glass doors are vulnerable, because they are secured by latches not locks. These latch mechanisms make it easier for burglars to force open sliding doors from the outside.
Windows are more susceptible than doors because they are left unlocked and open at a much higher rate. A burglar may select a home because of an open window that is visible from the street or alley.
Good neighbors look out for each other, so get to know the people in your community. Good neighbors can report suspicious activity to the police or to you while you are away.
------ Southwest Florida –a great place to live!
The summer has seen buying activity pick up. Many expect the buying pace to accelerate as more people come to Southwest Florida during ‘Season’, so now is a great to time to buy in this great place to live. Southwest Florida has a lot to offer; miles of white sandy beaches, tranquil turquoise waters, and numerous cultural and natural activities. If you are considering buying or selling a home, contact one of our professionals at Carla Bonten Realty. We know Southwest Florida and we can help you find the perfect home. Contact us at 1-888-9BONTEN or visit us online at www.carlabontenrealty.com ------
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Visit the Mayan Jungle Resort in Guatemala – BOOK NOW!
Trips are planned for: October 22-25, November 12-15, and December 10-13. To reserve a date, fill out the POP Reservation form posted on the website listed below. (Forms may be accessed and completed on the Mayan Jungle web site, www.mayanjungleresort.com click on Priority Opportunity Program) ------ RENTAL OFFICE UPDATE Carla Bonten Realty is also seeking more additional Spanish Wells homes or condominiums to place in our rental portfolio. And, as always we would love to help you and/or your family/friends with any rental needs they may have. Call us today to list or rent – we are always ready to serve! ------ Halloween Traditions  Some say the custom of trick-or-treating originated with the Irish Celts, but others claim it began with a ninth-century European custom called souling. In those days, November 2nd was celebrated as All Souls Day. Legend has it that on this day early Christians went from village to village and begged for "soul cakes" --made of square pieces of bread and currants. Supposedly, the more soul cakes the beggars received, the more prayers they promised to say on behalf of the donors’ dead relatives. It was widely believed that the deceased remained in limbo for a time after death and that their passage to heaven could be expedited through prayer.
The custom of carving a Jack-o-lantern is traced to Irish folklore. As the tale is told, a man named Jack -a notorious drunkard and trickster- tricked Satan into climbing a tree. Once the devil was in the tree, Jack allegedly carved an image of a cross in the tree's trunk and trapped the devil. Jack promised to let the devil down, if he would never tempt him again. The folk tale says that upon Jack’s death, he was denied entrance to Heaven and Hell because of his evil ways. So, the devil gave him a single ember to light his way through the darkness. That ember was put inside a hollowed-out turnip so it would glow longer. ------ Naples Wine Festival Unveils 2007 Plans
The three-day festival includes: a luncheon; vintner dinners -prepared by the nation’s finest chefs and world-renowned vintners; and a wine-tasting, culinary showcase, and a live auction at the Naples Ritz-Carlton Golf Resort. Also, for the first time, there will be an exclusive and private wine tasting for 50 guests. The charity event, which generates funds for underprivileged and at-risk children, is slated for January 26-28, 2007. The Naples Winter Wine Festival has raised nearly $40 million for The Naples Children and Education Foundation (NCEF) which distributes the funds to local children’s charities. Naples Winter Wine Festival tickets are $7,500 per couple. For more information about the wine festival visit www.napleswinefestival.com or call the wine festival office at (239) 514-2239. ------ AREA ACTIVITIES & EVENTS:
Swamp Buggy Races- Budweiser Fall Classic
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Whether you are planning home improvements or rebuilding after a hurricane, it is best to be careful when choosing a contractor. According to the Consumer Federation of America, home repairs are among the most common sources of customer dissatisfaction.
Gated communities are not only beautiful and peaceful, but they also provide a feeling of privacy and security. Walls and gates reduce vehicle and pedestrian traffic, but they can’t prevent all crimes. Safety experts recommend that you take personal responsibility for keeping you and your home safe.
As many of you know, the real estate market in Southwest Florida has changed since this same time in 2005. Last year was a record-breaking year for sales and it was difficult for buyers to find homes in Lee and Collier Counties. Right now, that is not the situation. The Southwest Florida real estate market has experienced a leveling off. This means there are more homes for sale now than in the summer of 2005. Buyers have plenty of choices –whether searching for a waterfront condominium, pool home, or luxury estate home. 
Don’t miss out on your free trip to experience and purchase your piece of a new Guatemalan luxury resort. The Mayan Jungle Resort Marina and Golf Communities is located on the Caribbean Coast of Guatemala, combining a casual, tropical feel of the ocean with a peaceful, natural feel of the jungle. 
Carla Bonten Realty is offering you the chance to visit this spectacular ocean-side development before you buy. The Priority Opportunity Program (P0P) is designed to enhance and expedite the procedure of purchasing a home or condo in one of the resort’s two beautiful high quality communities.
The new development offers single family homes, villas, and condominiums, ranging in size from 1,250 square feet to over 5,800 square feet and varying in price from $175,000 to over $1,000,000. 
Featuring a world class full service marina, The San Felipe Marina Community is a Venetian themed town with canals, 150 wet slips for yachts up to 150 feet, and dry storage for boats up to 40 feet. The development also offers a Spa and Wellness Center, Fitness Center, Church, Business Center, Community Center, 24-hour Clinic, and Five Star Hotel. In a forest overlooking the marina town sets The Jaguar Community and Golf Club. This community has an 18-hole world class golf course that is complemented by a Mayan themed Jaguar Golf Club. 
At Carla Bonten we do more than just list and sell property, we also rent! To be a complete real estate service oriented business, we believe in serving each client with compassion, care and convenience. We want to make every real estate transaction a pleasurable experience. For client convenience our rental office/division also works out of our Spanish Wells location and Melody Ostrom is available to greet and assist clients with rental needs.
The 7th Annual Naples Winter Wine Festival will once again have many luxurious offerings up for auction. On the list for the world’s top charity wine event; a brand new Rolls Royce convertible, lunch with Martha Stewart and a trip on her private jet, and a lot entitled, “Hollywood and Wine” -including an offering of Colgin Cellars 2002 Tychson Hill Cabernet Sauvignon and a walk-on role on the popular television show Grey’s Anatomy.
Gulfshore Playhouse- Oleanna