What Are Aggressive Behaviors?

What Are Aggressive Behaviors?

People with passive-aggressive behaviors show hostility and aggression in passive ways. Their aim is to resist job and social demands, using the common excuse that they “forgot” while demonstrating a negative attitude as to why they were late. Criticizing authority figures and failing to do their share of the work or not doing it at all are common behaviors of this disorder. This person isn’t aware of their own self-defeating behaviors because they are simply a part of their personality. He or she often feels others make unreasonable demands of them, but believes that they are doing a much better job than the credit they are given. Aggressive behavior or passive-aggressive behavior is displayed in varying degrees, and there are common signs of the personality disorder that help identify the behaviors.

The most common signs of passive-aggressive personality disorder occur repeatedly, such as ambiguity, blaming others, chronic dilatory nature, forgetfulness, complaining, making excuses, lying, procrastination, resentment, sarcasm, and stubbornness, and inability to express anger or hostility openly. These are only the most identifiable behaviors, and all of them may not be present, just as other traits may be, such as avoiding responsibility or fear of intimacy. How aggressive behaviors change over time is influenced by the stability of the home and the strength of or conversely the lack of cohesiveness throughout the interpersonal relationships within the family unit. According to the famous child psychologist, Dr. Spock, infants are born with instincts for self-preservation that show up as what we label as aggressive behaviors. The may cry angrily when they are hungry or uncomfortable, and as they grow and mature they learn to channel these feelings constructively; it’s when children don’t learn to manage their emotions well that passive-aggressive behaviors can emerge.

Treatment of this disorder can be difficult because of the patient’s reluctance to comply with recommendations, and the presence of passive resistance in general. People with passive-aggressive behaviors often are not aware of the impact their behavior has on others, and when confronted with it, they become dismayed and fail to see how they could have provoked such a negative response from their friends or family members. The goal of individual therapy is convince the patient that their unconscious feelings of negativity are being expressed passively onto everyone around us. The level of success reached through treatment varies for each individual because it’s greatly dependent on the effectiveness of the therapies used. For more information on personality disorders visit the National Alliance on Mental Illness at


Can You Fight The Common Cold With A Natural Remedy?

Can You Fight The Common Cold With A Natural Remedy?

Colds appear superficially similar to the ‘flu, but are generally less severe. Common in the colder seasons, respiratory passage inflammation, irritation of the nose and throat, runny eyes, and of course fevers, chills and muscle aches are typical symptoms of the common cold. In extreme cases, a bad cold may even cause sinusitis or congestion of the chest, which can be particularly distressing for the very young and very old. The differences between a cold and flu are fairly easy to spot – flu usually causes a headache, fever, heavy fatigue and general aches – these are rare in true colds. On the other hand, a cold usually involves a runny nose and a sore throat – both rare in flu. Whatever you do, the symptoms will last between 7 and 14 days (including an incubation period of between 1 and 3 days). Men tend to say they have the flu, rather than a ‘cold’, because it sounds so much more serious! Common colds, however, are far more ‘common’ if you will excuse the pun.
The common cold is caused by a fast mutating virus, which tends to strike when one’s immune system is depressed. Extreme coldness, tiredness, stress brought on by overwork, or overindulgence – all of these can ‘bring on’ a cold. The symptoms of the common cold are actually your body attempting to kill the virus and re-establish normal conditions – a raised body temperature kills the virus eventually. Unfortunately, the fast mutation characteristics of the common cold make it impossible to produce a vaccine, leaving only natural remedies in the arsenal of anti-cold techniques.
At the first signs of a cold (sore throat, runny nose) go to bed – don’t wait for the virus to ‘kick in’. Remember that the first line of attack against the cold virus will be plenty of fluids, and especially vitamin C drinks, such as hot lemon. In fact, you can take large amounts of vitamin C in many forms – tablets, drinks etc. Garlic will also help – both of these are good germ fighters. Other vitamins that will help include vitamin A, B6, vitamin E, and vitamin F. It is also reported that a little extra zinc can help shorten the duration of colds.
While the cold is in full swing, try drinking potato peeling broth. The peelings should be half an inch thick, boiled it for about half an hour then strained and cooled, taken twice a day. After the fever goes, a low calorie raw fruit and vegetable diet can be attempted, although you may not feel much like eating at this point. Raw juices and herb teas will also help. The best herb teas for fighting the common cold are:-
Rose hips
There are many products that help with runny noses and congestions – most are based on eucalyptus oil, and indeed, this is most helpful. Try putting a few drops in a cup of boiling water, then inhaling the vapors with a towel over your head. For a sore throat – gargling with crushed aspirin in warm water is also useful, although be careful you don’t swallow it, and don’t do it to frequently.
The most popular water treatments include hot mustard foot baths (to reduce sinus congestion), Epsom salt baths while drinking sweating teas, hot ginger chest compresses and salt water nasal douches to open the sinuses. Some people swear by steam inhalation (with eucalyptus, pine needles, cloves, or thyme).
And of course, you could always try prevention – stay warm, keep your immune system strong by eating sensibly and exercising regularly!


Paralegals And Standards

Paralegals And Standards

Although negativity and popular opinion may suggest otherwise, attorneys are expected to abide by some basic standards both in their professional and their personal lives. A paralegal is expected to adhere to the same standards as an attorney. The reason for this is based on general common sense: when a person in the legal field upholds high standards, both individuals and the public as a whole are much more able to place their trust in him. In the legal field, such trust is essential.

Whether one’s practice involves the sensitive subject of criminal law, the financial importance of tax or corporate or business law, or any other specialized or general law field, both the attorney and the assisting paralegal have the potential to effect significant change in a person’s life, either for the better or for the worse.

While professional competence is undeniably important, the standards which the legal professional adheres to is also a factor. In addition to upholding professional standards in the workplace and when doing field work, the person’s standards in his or her personal life are expected to be above reproach. The character points of integrity, ethics, and basic standards of morality, are not only required by the legal field but expected by the clients whom they serve.

As each and every client deserves not only competent representation but representation by those who take their role seriously, acceptable standards of behavior and lifestyle, absence of illegal drug use or abuse of alcohol, absence of prior criminal history, and the highest standards of both professional and personal ethics and integrity, are prerequisites and ongoing requirements for those who wish to be accepted into the paralegal field and continue to do well in it.

There is simply no legitimate place in the paralegal field for someone who is a recreational drug user, or someone who does not adhere to the laws in his or her jurisdiction, or other negative qualities which would not only diminish the person’s capacity to conduct her job duties effectively but would also diminish both the client’s and the public’s trust in her.

As a practicing attorney is expected to follow the professional code of standards, so is a paralegal equally bound to it. While the direct wording of this code is quite clear, it is actually common sense for a person who wishes to not only do the best but also be the best that she can be, both in her professional and personal life.

The paralegal field will give you many interesting, positive, exciting opportunities. A very important part of it is the professional status that you will have in this line of work. You must, however, be completely willing and completely able to maintain the highest possible standards not only on the job but in all of the other areas of your life.

The legal field is not for everyone; before making the final decision as to whether it is the right one for you, you should first assess your attitudes and priorities in order to establish that the high standards set forth for this field are not a sacrifice but your chosen way of life.


Text Search Engines – How Does It Work

Text Search Engines – How Does It Work

Search engines are a common thing that is used whenever the internet is accessed. The most common search engines are free ones like: Google Search and Yahoo! Search. These engines are called internet search engines. They work on the principle of looking for keywords in different articles or files all over the World Wide Web. There are also search engines in your own personal computers. Most of the time they are general search engines and they are capable of looking for all sorts of files, from documents to music and pictures. These search engines can easily be converted into text search engines by specifying the category that you want to search in.

This type of search engine is most of the time helpful, but it does have its failings. For example, search engine operating on Microsoft Outlook are unable to look up files that are attached documents to emails. For these kinds of searches, you need the help of some Text Search Engine Software that can do them faster and much more meticulously than the regular search engine that your computer is equipped with.

A text search engine is a sub type of the general search engines. Instead of searching for everything that comes up as relevant to the keywords entered, text search engine – as the name imply, focuses on the searching computers and other file storage systems for text that correspond to the data entered by the user. A text search engine works by not only looking up the titles of the files that you search through, but it looks at the document’s whole body of text. This way, if you do not have the exact title of the document you are looking for, you can just look up some keywords that are present in the searched article.

A more in depth look on the workings of a Text Search Engine reveals Preprocessing, indexing, stemming and more. These procedures help make built in search engines as well as downloaded ones work. Most of these programs need to take root before they can function efficiently. Taking root involves the program breaking down into desired units that are easily retrievable. It then proceeds to Isolate and tag document pieces. It moves on to the process of indexing documents by identifying those that can be considered to fall into the same category.

It then deletes any STOP WORDS, stop words are terms that are deemed to be of little value to the search. If not removed, these stop words can considerably slow down the search process. After these procedures, the program proceeds to index the terms and makes itself ready for use.

Some downloadable Text search engines include: DtSearch Desktop Spider, Lucine, HotBot Desktop, Blinkx, NEO Pro, and others. These text search engines work well and quickly because they have been programmed for such jobs. When you are attempting to look up files in a Microsoft Outlook, any of these search engines would do great. There are also text search engines that are available for download, two of these programs are Lookout Desktop as well as Google Desktop. These programs will search your computer efficiently and quickly.


Mesothelioma – The 3 Main Types

Mesothelioma – The 3 Main Types

In general, mesothelioma is a rare form of cancer. Different types of mesothelioma are distinguished between by where the cancer is growing. Pleural mesothelioma, the most common, accounting for 75% of all mesothelioma cases, is where cancerous cells develop on the lining of the lungs. The next most common form of mesothelioma is peritoneal mesothelioma and this is where cancerous cells grow on the peritoneum which is the lining of the abdomen. Pericardial mesothelioma, the least common major form of mesothelioma, makes up roughly 5% of all mesothelioma cases. This is where malignant cancer cells grow on the lining of the heart.

All three of these forms of mesothelioma are caused by asbestos. Asbestos is a naturally occurring fibrous mineral that was discovered around the 1860s. Due to its highly useful property of being fireproof, asbestos was used greatly in construction in the 1920s, 1930s and 1940s. It was not until the early 1960s when the severe health hazards that asbestos causes were discovered, that asbestos stopped being used. When exposed to asbestos with insufficient protection a person will breathe in tiny asbestos fibres which are suspended in the air. These fibres pass into the respiratory system until they become lodged in the lining of the lungs. Over time, an accumulation of these asbestos fibres in the lungs can cause pleural mesothelioma. Asbestos fibres may also pass into the lymphatic system and be transported to either the lining of the abdomen or the tissue surrounding the heart. This may cause either peritoneal mesothelioma or pericardial mesothelioma.

In terms of symptoms, the three main types of mesothelioma have some symptoms in common with each other. These symptoms are usual of all three types: chest pain, shortness of breath, coughing, coughing up blood, vomiting, nausea, weight loss and loss of appetite. An additional symptom of pericardial mesothelioma is palpitations.

There are a few treatments for all types of mesothelioma but none of these have a high success rate. The effectiveness of the treatment depends on how early and how aggressively the cancer is treated. If the cancerous cells are treated when they have fully matured and developed then it is unlikely that treatment methods will be successful. Treatment methods include chemotherapy which is the use of drugs to kill the cancer, radiation therapy which uses a radiation dosage to kill off cancerous cells and surgery which attempts to gain long term control over the cancer by removing a large portion of malignant cells. These treatment methods can be combined in the form of dual therapy.


Common Misconceptions about Astrology

Common Misconceptions about Astrology

There are many common misconceptions about astrology in the Western world. Astrology in America has been turned into a form of entertainment and is not taken seriously by many people. However, the truth is that there is a lot of truth and usefulness in the art of astrology. Here are the three most common misconceptions about astrology, and the truth behind the myth.

Common Misconception about Astrology Number One: Horoscopes do not work because astrology is bunk.

The Truth: Horoscopes are entertainment created based on limited aspects of the true study of astrology. Horoscopes are created using the basic sun signs and the influences on them from planetary movements and alignments. Since not every person with a particular sun sign have the same astrological chart, horoscopes are rarely accurate for more than a handful of people.

Real astrology predictions are made by using individual astrological information combined with current astrological influences. These in depth astrology readings are very difficult and complex, and cannot be created reliably on a mass basis. Therefore, horoscopes serve as a basis for entertainment and what may happen based on sun sign alone.

Common Misconception about Astrology Number Two: Astrology is an ancient practice that holds no place in reality, such as Greek and Roman tales of Hercules and gods and goddesses.

The Truth: Astrology has been practiced since pre-historic times. There have been maps of the stars and other evidences found that astrology was practiced by the Egyptians, the Incans, and the Aztecs. Additionally, China and India have long practiced astrology and used its predictions in their daily lives for millennia, and continue to do so.

It is even recently understood that astrology played a large role in the Christian story of the birth of Jesus Christ. The three wise men used astrological phenomena rather than an actual star to discern the events that were about to occur and the fact that they would occur in the land of Judah. Based on this new found information, it is becoming more difficult for people to dismiss astrology as myth and legend.

Common Misconception about Astrology Number Three: Real astrology is not practiced in the United States.

The Truth: Much of the astrology practiced in the United States is not a real study of astrology and is for entertainment purposes only, such as horoscopes. However, there are still real astrology experts in America. While they are few compared to the general consensus of astrologists, and may be difficult to find, there are many of them out there.

The best places to find real astrologists in the United States are in communities where diversity has not driven out the New Age population. True astrologists and New Agers can be found in small communities of large cities and at what is sometimes called “enlightenment festivals.” There are also New Age and occult book stores and other shops where you may find real astrology experts. Additionally, you can find real astrologists at pagan festivals and psychic fairs held throughout America at various times of the year.


Understanding Electric Motors And Their Uses

Understanding Electric Motors And Their Uses

The world of electric motors is quite fascinating. For many making and collecting various types of electric motors is a hobby and for others making them to power various devices is a profession. Whatever the approach is, but these devices offer innumerable possibilities for improvisation.

Working with them and understanding them is a rewarding and learning experience. Let us find out more about these in general. Usually, they can be classified into two main types. They are direct current or DC and alternating current or AC motors. DC or AC is very common terms and they refer to how the electrical current is transferred through and from the motor. Both types of motors have different utilities and uses.

DC motors are usually available in two general types. Alike, AC motors also come in two different types. They can be two phase or three phase AC motors. Although on technical front, the differences in DC and AC motors are sometimes marginal, but some of these differences make one types better than the other for a certain use.

In general, the DC electric motors work for conditions controlling the speed is essential. It is due to the factor that DC motors have a steady and constant current. DC motors are also the first and earliest motors used. But these good factors are also accompanied with some limitations; for instance, the DC electric motors are incapable of producing power over long period of time.

Most of the electric companies are aware of the limitation of the DC motor and have found that the power was lost as the electric current was transmitted. One of the variant, the Brush DC motors, uses certain rings that conduct the current and form the magnetic drive that runs the rotor. On the other hand, the brush-less DC electric motors bring forth a switch to generate the magnetic drive that powers the rotor. Direct current motors commonly used in most of the electric appliances in your home.

Now coming back to the AC motors we find that these kinds of motors are commonly used on the basis of their type. For instance, the single phase AC motors are used for general purpose. This type of motors will work efficiently in different conditions. AC motors are effective for systems that are hard to start because they need a lot of power for this purpose.

The three phase AC motors, also called polyphase, are commonly found in industrial sector. The AC motors have a high starting power built to transmit lower levels of overall power. As it alternated the power, so it gets its name AC. The amount of power specified by an AC motor is determined by the amount of power needed to operate the system.

Generally, the DC and AC motors are easily come across everywhere from the home to the car to industrial uses. The introduction of DC motors is still considered no less than a revolution and when AC motors were available in the market the way motors were looked at changed because of their amazing starting power potential. DC motors and AC motors are different in many ways, but they still both are used to power the world of electric appliances.


Herbs That Help With Anxiety

Herbs That Help With Anxiety

Anxiety disorders are the most common of all mental health disorders. Fortunately, anxiety disorder is highly treatable, and with professional help, it can often be completely overcome. Many times, successful treatment depends only upon individual or group therapy and learned relaxation techniques. In some cases, however, anti-anxiety prescription medication is also recommended. Medications can carry a risk of alarming side effects and can be highly addictive, spurring many people to seek safer, more natural alternatives.
There are many natural herbs for anxiety, which have been proven to effectively ease many of the symptoms of with a very low risk of side effects. Just as with prescription medications, everyone reacts differently to natural medications, and it can take time to find the right combination and dosage for your body.
Passionflower – an ingredient that is often used in natural medicine, alleviates hyperactivity, anxiety, insomnia, nervous tension — and is even sometimes used to treat Parkinson’s Disease. Passion flower soothes and calms and can lower high blood pressure.
Lemon balm – a general restorative for the nervous system, can reduce blood pressure and also calm the digestive system.
Lavender – an excellent anxiety treatment and one of the best natural panic attack treatments. Lavender is a general tonic for the nervous system and a natural relaxant.
Valerian – a popular natural ingredient that can be used as a sedative and a painkiller. It is often effectively employed as a treatment for anxiety and for insomnia, as well.
You may find that with psychotherapy, cognitive-behavioral therapy, relaxation exercises or support groups, or some combination of all of them, you do not need any medication. But if you do decide to explore the option of medication, natural treatments for anxiety can provide you with safe, effective results, without the risk of side effects that prescription medications pose. Natural medications are becoming increasingly popular as awareness of them grows, and you might find that they are the right treatment for you as well.


Legal Update – Owners Corporation Act (2006)

Legal Update – Owners Corporation Act (2006)

The Owners Corporation Act (the ‘Act’) was passed on 14 September 2006 and received assent on 19 September 2006. The Act, in effect, replaces and enlarges upon the regulations under the Subdivision Act 1988 with regard to bodies corporate (now called ‘owners corporations’).

The Act changes the structure, function, rights and obligations of bodies corporate and will affect property owners, managers, and property developers of residential properties, commercial properties, retirement villages, shopping complexes, office space, industrial complexes and mixed-use developments.

The Act comes into operation on 31 December 2007.

The Act will directly affect the one in five Victorians who own, live in, manage or develop bodies corporate. Here we examine the Act and highlight the Act’s key provisions.
Why the act has been passed.

The Act is intended to address the inadequacies in the Subdivision Act 1988 in an environment of increasing numbers of bodies corporate and increasing complexity in the way they are structured and managed.

The Act :

* addresses both the obligations and rights which are common to all OCs, and recognises the different requirements of two-lot, general and large OCs; and
* outlines the structure, function, rights and obligations of lot owners, OCs, managers and committees.

Existing Legislation: Subdivision Act 1988

At present, bodies corporate are created and managed largely under a regime established by the Subdivision Act 1988. However since that legislation was enacted the number and complexity of bodies corporate has increased dramatically. It is estimated that in 1988 there were 35,000 bodies corporate covering 200,000 people, and that now there are 480,000 lots, 65,000 bodies corporate and that 1 million people live or work in a building that is covered by a body corporate. The estimated capital improved value of lots affected by bodies corporate is $40 billion. The law relating to bodies corporate has been under review since 2003.

The Act is intended to address inadequacies in the Subdivision Act 1988 regime. In the second reading speech for the Act, Attorney-General Mr Hulls stated that:

‘The current regulatory scheme for bodies corporate is not serving Victorians well. The regulatory scheme is sparse and limited in the guidance it provides to bodies corporate and lot owners. Parts of it are not clear or appear contradictory, and in many areas little guidance is provided to individuals trying to run these community organisations we call bodies corporate. At a minimum this Act will fix this situation.’

r Hulls outlined the main themes emerging from the review process as:

* the need for better access to dispute resolution;
* clearer rights, duties and responsibilities of members and the body corporate;
* giving sufficient powers and flexibility to bodies corporate and body corporate committees to allow them to operate effectively;
* improved financial management and protection of body corporate funds;
* long-term maintenance planning; and
* the promotion of more professional standards in the body corporate management industry.

Creation of Owners Corporations

An Owner’s Corporation (‘OC’) is created under the Subdivision Act 1988 (which the Act amends) in the same way that a body corporate was created i.e. a plan of subdivision may provide for the creation of one or more OCs, and a plan of subdivision which contains common property must provide for the creation of one or more OCs. An OC will automatically come into existence upon the registration of a plan of subdivision.

The Act outlines the functions of the OC, which include an obligation to repair and maintain the common property and equipment and services, take our insurance as required by any Act, keep an OC register and provide an OC certificate, and any other function conferred by any law. These functions are substantially similar to the functions of a body corporation under the Subdivision Act 1988. However the Act substantially expands and regulates the conduct of these functions.

In carrying out its functions and powers, an OC must act honestly and in good faith and exercise due care and diligence.

An OC may delegate by instrument any power or function of the OC to the Committee, Chairman, Secretary, member, manager or employee of the OC. An instrument of delegation must be issued at the AGM.
Existing Bodies Corporate

Under the Act:

* existing bodies corporate will become OCs and will be subject to the new legislation;
* existing body corporate rules will continue to the extent that they are not inconsistent with the new legislation; and
* any body corporate certificate issued immediately before the commencement day of the new legislation will be deemed to be an owners corporation certificate.

Tiers of Owners Corporations

Under the Act there are three tiers of OCs:

* OCs over two-lot subdivisions: these OCs are exempted from compliance with a number of requirements under the new legislation;
* OCs generally;
* Prescribed OCs: certain OCs (as prescribed in regulations which are not yet available) will have additional obligations. Prescribed OCs are expected to be the larger OCs.

Financial management

An OC (other than a two-lot OC) must keep proper accounts and prepare a financial statement for the annual general meeting. An OC may, and a prescribed OC must, have the financial statement audited.

An OC may, and a prescribed OC must, prepare a maintenance plan setting out certain information including anticipated major capital expenses within the next 10 years. A maintenance plan does not have effect unless it is approved by the OC. An OC with an approved maintenance plan must establish a maintenance fund into which certain funds must be paid.
Asset management

An OC must repair and maintain the common property and all related chattels, fixtures, fittings and services, and any service which is for the benefit of more than one lot and the common property.

Lot owners are required to maintain any part of the lot that affects the outward appearance of the lot, and maintain any service that serves that lot exclusively. Lot owners must not permit the common property to be damaged or to deteriorate. In some circumstances, lot owners are responsible for cleaning and maintaining overhanging eaves and gutters that are common property. Lot owners can decorate and attach fixtures to their lots, but must give notice to the OC of any application by the lot owner for a building or planning permit.

A lot owner can insure their lot and their interest in the common property. Section 11 of Sale of Land Act 1962 remains in effect: a lot owner cannot sell a lot if insurance required under the Act is not in place. If the insurance has not been taken out, the purchaser may avoid the sale at any time before the contract is completed.

All OCs (except two-lot OCs) are required to obtain reinstatement and replacement insurance and public liability insurance for common property, and for any multilevel developments.

Not less than every five years a prescribed OC must obtain a valuation of all buildings that it is liable to insure. The OC must present the valuer’s report at the next general meeting.

The Act imposes a number of obligations on the applicant for registration of the plan of subdivision (other than a two-lot subdivision):

* the applicant must provide (amongst other things) at the first meeting of the OC (which must occur within six months of the registration of the plan of subdivision) an OC register, any accounts or records made on behalf of the OC, the maintenance plan (if any), any contracts, leases and licences binding on or benefiting the OC, insurance policies, the names of the companies, tradespeople or suppliers who provided a warranty or other guarantee on any matter for which the OC is responsible, and copies of those warranties and guarantees;
* within the first five years following registration of the plan of subdivision and while the applicant owns a majority of the lots affected by the OC, the applicant must:
* act honestly and in good faith and with due care and diligence in the interests of the OC in exercising any rights under the new legislation; and
* take all reasonable steps to enforce any domestic building contract entered into for any breach of contract which affects the common property and of which the applicant is aware or ought reasonably to be aware; and
* the applicant must establish an OC register which includes information regarding lot liability, insurance policies, notices or orders served on the OC and details of contracts, leases and licenses entered into by the OC.

Proxies and Powers of Attorney

The Act makes it an offence for a person to require or demand that a lot owner of any subdivision provide a power of attorney or proxy for the purpose of voting at a meeting or in a ballot of an OC.

A person is not entitled to exercise a power of attorney for more than one lot (unless the lot owners are members of the same family).

A proxy holder must act honestly and in good faith and exercise due care and diligence. A person can hold any number of proxies, however any proxy is revocable, and lapses after twelve months of being given. A proxy holder who is not a lot owner may not vote on matters which affect that person relating to the delegation of functions and powers (e.g. to a manager or committee), or the appointment, payment or removal of a manager. Any contract appointing a manager in breach of the new legislation is voidable unless affirmed by the OC by special resolution.

Any OC with thirteen or more lots must elect a Committee. The Committee can do all things that an OC can do by ordinary resolution, unless the OC decides to limit the Committee’s powers. The procedure by which Committees must operate is clarified. The Committee must also present a report of its activities to the annual general meeting.

Each member of a Committee or sub-committee must act honestly and in good faith and exercise due care and diligence in the performance of his or her functions, and must not make improper use of his or her position as a member to gain, directly or indirectly, an advantage for himself or herself or for any other person.

Each OC must have a Chairman, and may have a Secretary. The functions of Chairman and Secretary must now be undertaken by members, rather than a manager. A manager cannot be a Secretary unless there is no Committee and no Secretary.

Sub-Committees can be set up in accordance with the rules, which may provide for the role and functions of the sub-committee.

An OC may appoint a person to manage the OC. A manager must act to the same standard as is prescribed for Committee members.

A manager must submit a report to each annual general meeting, which must include details of the manager’s professional indemnity insurance.

Every paid manager must carry professional indemnity insurance and be registered with the Business Licensing Authority. The Licensing Registrar will keep a register of managers which will contain certain information including contact details, insurance details, and orders of VCAT relating to the person as a manager. Any existing manager will have three months in which to register. Any person, in accordance with the regulations (not yet published), can inspect the register.

Within 28 days of ceasing to be a manger, the manager must return all records relating to the OC to the OC.

An OC can revoke the appointment of a manager. As an OC can delegate its power, a delegatee of the OC can revoke a manager.
Records and Register

An OC must keep:

* a register (as established by the application for registration); and
* (for 7 years) records regarding each OC, including copies of resolutions, financial statements and accounting records, contracts and agreements entered into by the OC and leases and licences to and from the OC.

The OC must make the records and register available to a lot owner, mortgagee of a lot and purchaser of a lot (or any of their representatives), and those people can copy the documents for not more than the prescribed fee.

A person can apply to VCAT to restrict access to personal information in exceptional circumstances.
OC Certificate and Vendor’s Statements

The OC must provide within 10 days of a request, an OC certificate containing certain information including information relating to the manager, all contracts, leases, licences and agreements affecting the common property, legal proceedings and liabilities and contingent liabilities of the OC, and accompanied by certain documents.

The OC Certificate (including all documentation) must be attached to a Vendor’s Statement for the sale of any lot.
Dispute Resolution

The Act outlines a number of dispute resolution procedures. These include:

* Complaint to the OC – A lot owner, occupier or manager may complaint to the OC about an alleged breach of an obligation by a lot owner, occupier or manager. The OC must have a dispute resolution process or the dispute resolution process of the model rules will apply. An OC must follow the dispute resolution process as set out in the rules before making an application to VCAT;
* Application to the Director – On application to the Director of Consumer Affairs Victoria (CAV) by any person, the Director may refer a matter to an employee of CAV for conciliation or mediation; and
* VCAT – VCAT has powers to resolve a dispute arising under the Act or regulations or rules with regard to the operation of an OC, breach by a lot owner or occupier of the Act or regulations or rules, and exercise of a function by the manager. VCAT can dismiss an application by an OC if the dispute resolution process set out in the rules has not been followed.

Adverse Possession

The Act amends the Limitation of Actions Act 1958 so that the right, title and interest of an OC in common property is not affected by reason only of any adverse possession, irrespective of the period of that possession.
Concerns which have been raised in regard to the Act

Although there were a large number of submissions regarding amendment to the Act, and it was accepted that the Act was not without flaws, the Act passed through both houses of Parliament without amendment.

Some of the concerns raised, which may be addressed in the regulations or in future amendments to the Act, include:

* that the Chairman and Secretary must be members of the OC, rather than these roles being undertaken by a manager as occurs in most bodies corporate at present;
* that in attempting to address the issues of larger OCs, the Act imposes a burden on the 30% of OCs which consist of 5 lots or less, and the 45% of OCs which consist of between 5 and 100 lots which may result in additional expense, such as the employment of a manager where one was not previously required;
* that the Act does not address the problem of obtaining a quorum of lot owners, and particularly of obtaining a special resolution of the lot owners (75%). Further, the legislation does not provide that meetings can be conducted by ballots in addition to in person;
* that a special resolution is required in order to commence legal proceedings, thereby reducing the availability of this dispute resolution mechanism;
* that a unanimous decision is required to increase the lot entitlement and liability of a lot, and it is unlikely that a lot owner will vote to increase its lot liability;
* that the status of contracts entered into prior to the Act becoming operational is uncertain;
* that there is no minimum standard imposed on managers;
* that the register of managers will reveal each managers’ client base; and
* that there is inadequate provision for the protection of OC funds (including the maintenance fund).


Having A Hard Time Dealing With Cancer? Here’s Some Helpful Advice (3)

Having A Hard Time Dealing With Cancer? Here’s Some Helpful Advice

Cancer has become a common disease among many people in today’s society. Cancer is caused by carcinogens, cancer causing agents in our very environment. Doing certain activities can expose people to more carcinogens than others, leading to a better chance of having cancer. The advice in this article will show you how to avoid cancer causing carcinogens.

Avoid anemia during cancer treatments by eating foods rich in iron such as liver, green leafy vegetables, molasses and lentils. These foods will boost your iron levels allowing oxygen rich blood to be carried throughout your body and facilitates chemotherapy.

Many herbal supplements are on the market and when diagnosed with cancer you may want to turn to some of them for their additional benefits. They can help the immune system and strengthen the body’s natural defenses. However, be sure to consult your doctor or a professional in the herbal field before adding herbal supplements to your diet.

If you are battling cancer, it can be helpful to join a support group for your type of cancer or cancer in general. Talking to others in your situation can help you feel less alone and give you a chance to make new friends. Mutual support can be very important on the journey to recovery.

Doctors and the general public at large have long known that red wine can help fight against heart disease, but more people are now finding out that wine can also help work against contracting cancer. The polyphenols in wine (like those found in grapes) help to neutralize and eliminate dangerous free radicals.

It is quite normal for cancer patients to feel unattractive. Self-esteem is at an all-time low and nothing seems to be right. This is a great time to pamper yourself! When you are feeling well enough, take a friend and go out to lunch. Get your nails done, or shop for a new outfit. Doing normal, everyday activities can make you feel like part of life again and change your whole attitude!

Take all the medicine that your doctor prescribes to you, and make sure you are taking the correct doses. If you have trouble remembering what to take, buy a pill holder that will store all your pills that need to be taken that day. Cancer does not equal death, so try to take care of yourself as best as you can.

Many people suffering with cancer also have post-traumatic stress disorder, commonly known as PTSD. If you notice that you have any of the symptoms of PTSD, you should immediately get help from a professional. Symptoms of PTSD include aversion to people or places, flashbacks of events, irrational fears, and changes in your sleep patterns.

As stated before, cancer is a common disease in today’s society. Our own environment contains cancer causing agents, known as carcinogens. Some activities, such as cigarette smoking, can expose people to more carcinogens, increasing the chances of getting cancer. If you remember the advice in this article, you can avoid cancer causing carcinogens.