FocusFocusC E N T R A L I L L I N O I S A P A R T M E N T A S S O C I A T I O N W W W . C I A P A R T M E N T S . C O M

P.O. BOX 17324 • URBANA, IL • 61803 • WWW.CIAPARTMENTS.COM • (217) 344-2222

O C T O B E R 2 0 0 8 • V O L U M E 8 • I S S U E 1 1

Dog Bites Man: Liability for DogsRandy Hughes, President

According to the Humane Society,

there are an estimated 73 million

dogs in the United States. There

are an estimated 12.4 million dogs

in Illinois. Each year there are

approximately 4,490,000 dog bites nationwide. Of these,

more than 750,000 require medical attention. Between

1979 and 1988, there were at least 15 dog-related fatalities

in the United States each year. As of August of

this year, there have been five fatal dog attacks

in the U.S. Between 1979 and 1988 there were

eight dog-bite related fatalities in Illinois and

another eight between 1989 and 1994.

Dog-bite cases, often scoffed at in the past, are

no laughing matter theses days. Indeed, dog

attacks by the so-called “bully breeds” garner a

lot of media attention. Most attorneys will not

handle a high-profile dog attack fatality case.

In Illinois, dogs are “presumed…tame, docile and

harmless, in the absence of evidence that the dog has

demonstrated vicious propensities.” In a common law

claim, a dog owner is not liable for injuries caused by the

dog's bites unless there is evidence the dog presents a

danger or has bitten before, without provocation.

According to the Illinois Appellate Court, this is the

“genesis of the so-called 'one-bite' rule.”

The Illinois Animal Control Act was intended to

eliminate this “one-bite” rule.To recover under the Act, an

injured person must prove four elements: an injury caused

by an animal owned by the defendant, lack of

provocation, peaceable conduct, and that the injured

person was where he or she had a right to be.

Most dog-bite legal cases focus on “ownership” as a legal

issue. Ownership does not refer to the legal owner of the

dog. Instead, owner under the Illinois Statute means “any

person having a right of property in the animal, or who

keeps or harbors an animal, or who has it in his care, or acts

as its custodian, or who knowingly permits a dog to

remain on any premises occupied by him or her.” This

definition “has been consistently construed to

involve some measure of care, custody, or

control.”

Understand that “owner” as defined by the

Statute is critical. The legal owner of a dog is

often NOT necessarily the owner under the

Act, and thus not liable for injuries caused by

the dog. Instead, the definition of owner refers

to one who “has it in his care, or acts as its

custodian, or who knowingly permits a dog to

remain on any premises occupied by him or her.” A pet

sitter or dog groomer exercises sufficient control over a

dog to be considered its owner, and therefore cannot

recover under the Act for any injuries sustained.

Control of an animal sufficient to create ownership is not

limited to adults. In Docherty v. Sadler, the 10-year old

plaintiff agreed to feed, water and let the defendant's dog

in and out of the house into the yard. The plaintiff was

injured when the dog ran around the house and collided

with the plaintiff.

The court found that the plaintiff was an owner and thus

could not bring a claim under the Act because heContinued on Page 16

FocusFocus

T H E M O N T H L Y N E W S L E T T E R

C E N T R A L I L L I N O I S A P A R T M E N T A S S O C I A T I O N

O F T H E

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 2

V O L U M E 8 • I S S U E 1 1

EDITOR:

Marita Booker

CONTRIBUTORS:

Paul ConfortiRandy HughesJackie MartinieMichael McAnallyCarol TimmsAndrew R. Timms

ADVERTISING:

Marita Booker217.344.2222marita_booker@sbcglobal.net

CENTRAL ILLINOISAPARTMENT ASSOCIATIONP.O. BOX 17324URBANA, IL 61803

WWW.CIAPARTMENTS.COM

Articles in this publication express the opinion of the

. Every effort has been made to ensure

accuracy; however, neither the advertiser, the editor, the publisher or

the Association shall be responsible for errors and/or omissions

contained herein. Advertising is accepted at the discretion of the

Association. Advertising products or services herein shall not be

construed to be a promotion, approval or endorsement by the

.

Copyright 2008. All Rights Reserved.

CENTRAL ILLINOIS

APARTMENT ASSOCIATION

CENTRAL

ILLINOIS APARTMENT ASSOCIATION

PRINTING & GRAPHIC DESIGN:

Minuteman PressReal Design Graphics

WE’RE MOVING!

Times are changing and Central IllinoisApartment Association

will be moving all meetings and events in2009!!

Beginning in January 2009 Central Illinois Apartment Association will be

holding the board and general meeting atThe Hawthorn in Champaign.

Well for starters, the Hawthorn is much more centrally located to a

majority of our members which saves on travel time and gas.

We are also hoping that a more central location will allow not only for

more current members to regularly join us, but also make it easier to

recruit new members.

And, as always, cost creeps into the decision too.

Well, not much ... the General Meeting will continue to be held the

third Thursday of the Month at 11:30 and the Board Meetings will

continue to be held the FirstTuesday of the Month at 11:45

The Hawthorn is located at the corner of Neil and Kirby (beside TGI

Friday or Hooters if you prefer) You will park in the lot across State St

and enter through the Conference Center Awning. From there, signs

will point you in the right direction!

So it is with fondness we bid Kennedy’s adieu and with excitement that we greet

our new meeting home,The Hawthorn.

If you have any questions or concerns, please contact Marita at

marita_booker@sbcglobal.net or 217.344.2222

Why, you ask?

What else is changing?

So where do I go?

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 3

SPEAKER SPOTLIGHT

By ignoring generous IRS

guidelines when establishing

depreciation schedules, over

90% of real estate investors

a r e u n i n t e n t i o n a l l y

overpaying federal income taxes. In addition they are

paying federal income taxes earlier than necessary.

Depreciation is defined as the decline in the value of a

capital asset. It represents a cost of ownership and the

consumption of an asset's useful life. Depreciation, one of

the key tax deductions, is understated by not carefully

compiling depreciation schedules.

Cost segregation is a specialized skill

which helps real estate owners

increase depreciation. Although cost

segregation affects meaningful federal

income tax reduction, it is not a tax

shelter; it is guided by detailed IRS

regulations.

Although these IRS guidelines are

just beginning to emerge into the

mainstream market, they provide

substantial benefits. As cost segregation is a relatively new

method, many accountants have not integrated the new

IRS depreciation guidelines into their practice. Savings

for real estate investors are meaningful- exceeding

$50,000 to $1,000,000 in the first year. Cost segregation

converts income taxed at 35% (ordinary income) to

income taxed at 15% (capital gains). Cost segregation also

defers payment of income taxes, often for 5 to 10 years.

Taxpayers and their advisors constantly are looking for

ways to legally reduce their tax burden by implementing

planning strategies that will help them to reduce their tax

burden. In recent years, cost segregation has emerged as a

popular method for reducing taxable income for

taxpayers with real estate investments or commercial

entities with leasehold improvements.

Cost segregation is a process by which the basis of real

property is segregated into various asset classes that

qualify for shorter depreciable lives resulting in (1)

accelerated depreciation and (2) deferred tax.

Cost segregation is not tax evasion or a tax shelter. In fact,

the American Institute of Certified Public Accountants’

National Journal of Accountancy has published

numerous articles in support of cost segregation. It is an

accurate way to allocate the cost basis

for investment property. It also

increases tax deductions by

increasing depreciation. Those

involved in tax preparation,

including tax lawyers, CPAs and

accountants, agree cost segregation is

a legitimate IRS-guided method of

depreciating real estate.

• • • •

Steve Rafferty, with RUI Financial Services, will

be presenting at our November 20, 2008

meeting. Come and hear about the

benefits of cost segregation and see

how the proper application

could benefit your current

portfolio by reducing your tax

burden by 10 – 60%. ¤

Introduction to Cost SegregationAmiLynne Carroll, RUI Financial Services

COST SEGREGATION CONVERTS

INCOME TAXED AT 35%

(ORDINARY INCOME) TO INCOME

TAXED AT 15% (CAPITAL GAINS).

COST SEGREGATION ALSO DEFERS

PAYMENT OF INCOME TAXES,

OFTEN FOR 5 TO 10 YEARS.

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 4

PROPERTY PROFESSIONAL OF THE MONTH

Have you had the opportunity to be Property Professional/Vendor of the Month?

If not, please contact Marita for more information on all the details.

WHY ARE WE IN

THE RENTAL BUSINESS?

I bought a house and

my roommates are

paying the mortgage.

Owning rental

property just makes

sense.

Investment

property is a

good addition

to our

retirement

plan

Rick Wedig Rentals | 373-4973 | Swedig@aol.com

WE BOUGHT OUR FIRST INVESTMENT PROPERTY IN 1992 AND STILL OWN IT.

WE CHOSE INVESTMENT PROPERTIES PRIMARILY AS A SECURE RETIREMENT PLAN EXPECTING TO HAVE ALL

PROPERTIES PAID OFF BY THE TIME WE ARE 65 AND READY TO RETIRE.

AS A REAL ESTATE AGENT, I WORK PRIMARILY WITH CLIENTS THAT ARE WANTING TO BUY REAL ESTATE AS AN

INVESTMENT; WHETHER MULTI-FAMILY OR SINGLE FAMILY HOMES

• WE ASSIST THEM BY SHARING OUR WORKING KNOWLEDGE AND EXPERIENCE

ONE OF OUR BIGGEST INITIAL OBSTACLES WAS NOT RENOVATING OUR RENTAL HOMES TO THE STANDARD OF OUR

PERSONAL HOME

WE HAVE TRIED AND TESTED MANY PROCEDURES TO BEST RUN OUR BUSINESS OVER THE YEARS INCLUDING:

• DOING OUR OWN PROPERTY MANAGEMENT

• MEETING EVERY PROSPECTIVE TENANT

• PERSONALLY REVIEWING THE INITIAL AND ALL SUBSEQUENT LEASES WITH THE TENANT

• HAVING A MAINTENANCE TEAM THAT WE CAN CALL UPON AS NEEDED

• HAVING ONE ATTORNEY FOR EVICTIONS AND LEGAL QUESTIONS

• KNOWING OUR TENANTS!

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 5

VENDOR OF THE MONTH

Have you had the opportunity to be Property Professional/Vendor of the Month?

If not, please contact Marita for more information on all the details.

COMMUNITIES

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 6

UIUC Move-In: 2009How You as Landlords Can HelpMari Anne Brocker, University of Illinois

The University will hold its official move-in on Thursday

August 20, 2009. In order to provide the best service and

least congestion for our Illinois students and their

families, we would like to ask for your cooperation as your

create your leases and confirm your early arrival policies.

Not only will our customers be better served but our

employees will have a more positive experience.

Last year, we had several Greek letter organizations,

student leaders, private certified residents and living

learning community residents request to arrive early.

These students totaled well over 4000 residents. We allow

those students living with University Housing and Private

Certified Housing to pay an early arrival fee and move in

between Sunday and Wednesday. Students living in

Greek Chapter Houses have contract dates that begin on

the Sunday prior to move-in. This opportunity allows the

traffic to disperse over several days and allows our student

staff to help with the remainder of official move-in.

Many of our Greek Letter students, band members and

student leaders do not live in on-campus housing, they

live in apartments. These students will have the same

obligations and need to arrive early. Ideally, we would

hope you could structure your contracts to allow for

students who need to be on campus prior to August 20th.

If you are unable to structure your contract to begin

between August 16th and August 19th we would kindly

ask that you allow students who need to arrive early an

option for doing so. There are some official student

organizations like Illini Guides, Dining Workers, etc. that

we have rosters for and confirm your residents’ need to be

on campus early.

Last year we had over 6,000 residents arrive on the official

move-in day of August 21st. We anticipate the same

trend this year. It was helpful to know when each

apartment community had scheduled move-in. At the

beginning of the summer we would like to visit with the

CIAA members again both to collect your move-in dates

and also to share move-in traffic patterns that can impact

your customers and staff. Meanwhile, if you have further

questions please contact Mari Anne Brocker

– b r o c k e r @ i l l i n o i s . e d u o r H e r b J o n e s -

joneshe@illinois.edu. ¤

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 7

HAVE • WANT • TRADE

FOR SALE:

FOR SALE

FOR SALE

FOR SALE

204 Flora Dr., Champaign. 3 BR, 1 bath, screened

in back porch $900/mo - $98,000

2701 Campbell Dr., Champaign IL - 2 Unit

Duplex, both 2BR 1 Bath, Unit #1 900sq ft, Unit #2 1110 sq ft;

$1150 monthly income, Asking $99,900 - Call 217-369-5750

504 and 506 E. Green in Urbana. Each building has

10 one bedroom units.They are currently rented for $425/unit

making the total income from both buildings $102,000. If you

need additional information please feel free to call or email me.

Julie Cochrane, Cochrane Enterprises-217-328-4281 ext #8

Single Family House. 1907 JoAnne Lane, C 3

bedroom, 1 bath 1 car detached garage. Newer siding,

windows., bathroom and kitchen. Interior just painted. New

carpeting. Will trade up. $85,900. 352-2175

Murder Mystery Dinner tickets are still available, call Marita at

217-344-2222 to buy yours today.

:

:

:

Multi-Family Advisory Group

200 S. Wacker Drive

Suite 700

Chicago, Illinois 60606

Tel: 312-612-5935

Fax: 312-612-5985

Cell: 773-315-5978

E-mail: dbilfeld@colliersbk.com

David Bilfeld

SeniorVice President

MULTI-FAMILY

ADVISORY GROUP

NEW ID THEFT HOTLINE

The new ID Theft Hot Line became operational on

October 1, 2008.

If you (or any of your clients/members) believe you are

victims of identity theft, find out what to do at IRS.gov.

Need additional help? Call the IRS Identity Protection

Specialized Unit toll-free at 1-800-908-4490. The hotline

provides assistance for individuals who believe they may

be a victim of Identify Theft: with no known Tax

Administration Impact and those who have a current

identity theft related tax issue which has not been resolved.

Toll free number: 1-800-908-4490Hours of Operation:Monday - Friday, 8:00 a.m. - 8:00 p.m. your local time(Alaska & Hawaii follow Pacific Time).

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 8

UPCOMING EVENTS

CIAA DINNER THEATER EVENT - NOVEMBER 8TH:Please join us a 6:00pm at the Baytowne Clubhouse, November 8th for a Seven Corpse Dinner Murder Mystery presented by

the Champaign Urbana Theater Company! Price: $35 per person.

November’s meeting will be an Introduction to Cost Segregation by Steve Rafferty. The general meeting will be one of our last

held at Kennedy’s, in January, all meetings will be moved to the Hawthorne Suites. Please bring a guest. Registration begins at

11:30 a.m. with the meeting beginning at 12:00 p.m.

RSVP no later than November 3rd

RSVP no later than November 17th

To RSVP for any event, or ask questions, please either call Marita at 217-344-2222 or email her atmarita_booker@sbcglobal.net

GENERAL MEETING - NOVEMBER 20TH:

BOARD MEETING - DECEMBER 2ND:December 2nd marks our final C.I.A.A. board meeting at Kennedy's. In January, all meetings will move to the Hawthorn

Suites. Please arrive 5-10 minutes early for buffet lunch line. RSVP no later than November 28th

WANTED: NEW C.I.A.A. MEMBERSDo you want to keep our meetings interesting and energetic?Do you want to keep your membership fees as low as possible?

Do you want to help strengthen the influence of the CIAA?

ALL OF THIS HAPPENS WHEN WE KEEP ADDING NEW MEMBERS!

We Need You to Bring the Crowds Out!!!(and potential new members)

Here are some ways you can help ...

... Have fun and help your organization all

at once!

... They’ll appreciate the attention and

information and just may become a member themselves!

... help build pride and awareness of your business’s role in the CIAA

... all this hard work isn’t just about being pretty!

such as Hot Topic meetings and the recent

Meet the Candidate Night ... Make sure Marita or a Board Member knows you have a guest and maybe we can

turn your guest into a member!

but haven’t been able to approach them ...

she’ll send them information and a focused invitation to join!

Call Marita today at 217-344-2222 or e-mail her at to get more ideas on how to help!

INVITE 4 PEOPLE TO THE MURDER MYSTERY MEMBERSHIP DRIVE

BRING YOUR VENDORS AND ASSOCIATES TO THE GENERAL MEETINGS

INVITE THE MEMBERS OF YOUR OFFICE

PASS ON YOUR COPY OF THE FOCUS

COMMIT TO BRINGING AT LEAST ONE GUEST TO SPECIAL EVENTS

GIVE MARITA CONTACT INFO OF SOMEONE YOU WANT TO JOIN,

marita_booker@sbcglobal.net

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 9

1

Illin

i vs.

Iow

a

@ T

BA

2D

aylig

ht S

avin

g3

4E

lect

ion

Day

56

78

7pm

Urb

ana C

ity

CIA

A B

oa

rd7pm

Savoy V

illage

CIA

A D

inn

er

Counci

l M

eeting

Me

eti

ng

- 1

1:4

5Counci

l M

eeting

Th

ea

ter

Eve

nt

7pm

Cham

paig

n C

ity

Counci

l M

eeting

9W

orld

Fre

edom

Day

10

11

Vet

eran

s D

ay12

13

14

Wo

rld

Dia

bet

es D

ay15

Inte

rnat

iona

l Stu

dent

's D

ay

CIA

A G

en

era

l

Am

eric

a R

ecyc

les

Day

Me

eti

ng

11

:30

7pm

County

Board

Illin

i vs.

Ohio

Sta

te

Meeting

@ T

BA

16

17

18

19

20

21

22

7pm

Urb

ana C

ity

7pm

Cham

paig

n C

ity

7pm

Savoy V

illage

Counci

l M

eeting

Counci

l M

eeting

Counci

l M

eeting

23

24

25

26

27

Tha

nksg

ivin

g28

Bla

ck F

riday

29

9am

Turk

ey T

rot

Run @

Cry

stal Lake

30

No

tes:

ww

w.v

ertex42.c

om

© 2

007 V

ert

ex42 L

LC

No

ve

mb

er

is P

an

cre

ati

c C

an

ce

r A

wa

ren

ess M

on

th,

Na

tio

na

l N

ove

l W

riti

ng

Mo

nth

,

Alz

he

ime

r's D

ise

ase

Aw

are

ne

ss M

on

th,

an

d N

ati

on

al

Ho

me

less Y

ou

th A

wa

ren

ess

Mo

nth

NO

VEM

BER

2008

Su

nd

ay

Mo

nd

ay

Tue

sda

yW

ed

ne

sda

yTh

urs

da

yFrid

ay

Sa

turd

ay

SM

TW

Th

FSa

12

34

56

78

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

Octo

ber 2

00

8S

MT

WTh

FSa

12

34

56

78

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

Decem

ber 2

00

8

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 0

12

34

56

CIA

A B

oa

rdP

arad

e o

f L

igh

ts &

Me

eti

ng

- 1

1:4

5tr

ee

lig

htin

g

Dow

nto

wn C

ham

paig

n

@ 5

:30pm

7P

earl

Har

bor

Day

89

10

11

12

13

Pet

pic

s w

ith S

anta

Kau

fman

Lak

e B

oath

ouse

11am

-2pm

14

15

16

17

18

19

20

Wrig

ht B

roth

ers

Day

CIA

A G

en

era

l

Me

eti

ng

11

:30

21

22

23

24

Chr

istm

as E

ve25

Chr

istm

as D

ay26

27

Han

ukka

h be

gins

at s

undo

wn

28

29

30

31

New

Yea

r's E

ve

No

tes:

ww

w.v

ertex42.c

om

© 2

007 V

ert

ex42 L

LC

DEC

EM

BER

2008

Su

nd

ay

Mo

nd

ay

Tue

sda

yW

ed

ne

sda

yTh

urs

da

yFrid

ay

Sa

turd

ay

SM

TW

Th

FSa 1

23

45

67

8

910

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

No

vem

ber 2

00

8S

MT

WTh

FSa

12

3

45

67

89

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

Jan

uary 2

00

9

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 1

PROPERTY MAINTENANCEP

Thankgiving - A Time for Thanks and Safety

Are you, and your tenants, prepared for the Thanksgiving

holiday?

First some little known facts.

The traditional "first Thanksgiving" is said to have

occurred at the site of Plymouth Plantation in 1621.

Although, some say the first celebration was back in 1565

in the area what is now known as Saint Augustine, Florida.

Did you know that Thanksgiving became a legal holiday

in 1863 when President Lincoln signed the decree. It was

to express gratitude for the things one has at the end of the

harvest season.

We can also thank the Detroit Lions for the idea of a

football game on Thanksgiving. Their focus was to boost

attendance in their stadium! Look at us now.

In 1924 Macy's came up with the idea of their now

famous Macy's Day Parade. Think of how that boosts the

shopping frenzy.

It is also a day that we consume 45 million turkeys!!

This is where preparedness comes into play. More and

more people are cooking those turkeys with deep fryers to

help make room in the kitchen and reduce the time it

takes to cook.

Despite the yummy factor, everyone needs to be very

careful when cooking with a deep fryer. If you, or your

tenants, intend to use one this year please make sure you

follow some basic principles.

1. Make sure the fryer is on a flat surface to help

avoid the pot from tipping over

2. Set up the fryer away from the home or any

combustible materials

3. Never leave a fryer unattended

4. Never allow children or animals to get near the

fryer when it's in use

5. Make sure the turkey is completely thawed and

dry; any water can cause it to boil over or splatter.

6. Cover bare skin when adding or removing the

turkey

7. Raise/lower food very slowly to reduce splatter

and avoid burns

8. If oil begins to smoke turn off the gas supply, it's

close to ignition point

9. Always keep an all-purpose fire extinguisher

nearby and never use water to extinguish a grease

fire.

By following these basic tips you might just insure

yourself a very happy and tasty Thanksgiving. Please

don't forget…it's not just about food and football. ¤

Michael McAnally

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 2

CIAA SPECIAL EVENT!C

Central Illinois Apartment Association

Mystery Murder Dinner & Auction.When: November 8th

Time: 6:00pm to 10:00pm

Where: Baytowne Apartments Clubhouse

1000 Baytowne Drive, Champaign IL

For Information and to purchase tickets please contact Marita Booker 217-344-2222

All proceeds will be donated to our local Habitat for Humanity.

Habitat for Humanity of Champaign Countyand ReStore is a locally run affiliate of Habi-tat for Humanity International (HfHI). HfHI isa nonprofit, Christian housing ministry that

works both to eliminate poverty housingaround the world and to make adequate

housing a matter of conscience and action.Habitat welcomes to the table partners fromany faith - or from no faith tradition - whichare willing to pick up a hammer to help im-prove the lives of families needing decent

shelter.

The Central Illinois Apartment Association isa professional not-for-profit organization

Chartered in 1974. Our current membershiprepresents over 15,000 units in ChampaignCounty, and more than 58 local businesses

servicing the industry. The Association'sprimary function is to encourage and pro-

mote the common interests of owners,managers, developers of residential realestate through better business practices,

better education and communication.

Price: $35 per person

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 3

CIAA SPECIAL EVENT!CCentral Illinois Apartment Association is inviting you, as a

member to help grow your Association. There are 3 ways

that you can participate in the November 8th Murder

Mystery Dinner & Silent/Live Auction. This will be a fun

and entertaining way to have a successful Membership

Drive.

1. You may purchase tickets from any board member

for $35 per person.

2. You may invite someone who is not a member and

tell them how you have benefited from the

association and also how they would benefit from

the association.

3. Donate an item for the Silent or Live Auction.

Here are just a few items up for Auction November 8th.

Hope to see you bringing a new member to C.I.A.A.!

$100 worth of cleaning Merry Maids

Membership at Gold's Gym

Golf Certificate @ U of I Golf Course

Illini Apparel from GameDay Spirit

Illini items from LePayne Photography

Evening Stays at Hawthorn & Drury Inn

Gift Certificates from Cochrane's-good at 4 different

locations!

Commercial gaming machine from Melody Music

Fancy costume jewelry from Christopher's Fine

Jewelry

Furniture items from Slumberland & This Is It

Furniture

Red Sunset Maple Tree donated from Wandell's Tree

Nursery

$100 certificate from ChampaignTelephone

Night stay donated by Wingate Inn

Elegant Planner and Pen donated by: Rogard's Office

Supplies

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 4

LEGAL CORNER

Will Capital Gains Tax inthe United States Change?

Individuals and corporations in the

U.S. pay income tax on the net total of

all their capital gains, but capital gains

are generally taxed at a preferential rate

in comparison to ordinary income. The

amount an investor is taxed depends on both his or her tax

bracket, and the length of time the investment was held

before being sold. Short-term capital gains (investments

held for one year or less) are taxed at the investor's

ordinary income tax rate while long-term capital gains

(investments held for more than one year) are taxed at a

lower rate. In 2003 the rate for long-term capital gains

was reduced to 15% and to 5% for individuals in the

lowest two income tax brackets. These reduced tax rates

were passed with a sunset provision and are effective

through 2011; if they are not extended before that time,

they will expire and revert to the rates in effect before

2003, which were generally 20%.

The reduced 15% tax rate on eligible dividends and

capital gains, previously scheduled to expire in 2008, was

extended through 2010 as a result of the Tax

Reconciliation Act signed into law by President Bush in

May of 2006.

In 2008, 2009, and 2010, the tax rate on eligible

dividends and long term capital gains is 0% for those

in the 10% and 15% income tax brackets.

After 2010, dividends will be taxed at the taxpayer's

ordinary income tax rate, regardless of his or her tax

bracket.

After 2010, the long-term capital gains tax rate will be

20% (10% for taxpayers in the 15% tax bracket).

After 2010, the qualified five-year 18% capital gains

rate (8% for taxpayers in the 15% tax bracket) will be

reinstated.

As a result:

IS IT TIME FOR A CHANGE?

Continued on Page 17

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 5

KEYS TO SUCCESS

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 6

“voluntarily assumed care and custody of the dogs and was

injured while exercising control of the dog.”

In conclusion, the Illinois Animal Control Act eliminates

the “one-bite” rule but creates a variety of other

requirements that must be met before a dog owner is liable

for injuries the dog causes. Liability, and thus insurance

coverage, depends on the circumstances creating

“ownership,” “provocation,” and the plaintiff's “lawful

conduct” in a place he or she “has a right to be.”

If a plaintiff can meet each of these circumstances, the

“owner” will be liable for a dog's VERY FIRST BITE!

However, if a plaintiff cannot meet any of these

requirements, recovery under the common law is still

possible if the dog was known by its owners to be

dangerous.

Note: In researching and writing this article I sought the

opinion of one of our vendor members, Michael

McAnally, who is an insurance agent with State Farm.The

following comments are from Michael:

I agree with Michael that we need to require all of our

tenants to purchase renter's insurance. This would not

only protect us against loss, but potentially lower our

insurance premiums.

P.S. Please remember that on November 8th, 2008 CIAA

is sponsoring a murder mystery dinner and auction as our

annual Membership Drive. The dinner will be held at the

Baytown Apartments Clubhouse (1000 Baytowne Drive

in Champaign off north Prospect Avenue) from 6:00 pm

to 10:00 pm. Tickets are $35.00 each and all proceeds go

to our local Habitat for Humanity. You can buy tickets

from any CIAA board member or by calling Marita

Booker (CIAA coordinator) at 217-344-2222. Please

come and bring a prospective new member!

“From my info about 60% of the injuries are to children.

I think it's important to note that big dogs are scary and

can cause a lot of damage to a person but don't forget

about the small dogs. They don't maul someone but they

are nippers/biters...lots of punchers (ears, noses, hands,

etc).

I know I say it a lot but pets are another reason for a

tenant to have renter's insurance. Depending on the

circumstances it is possible for a landlord to be held liable

for a dog bite. Our local legal person (Jeff Wampler,

attorney for CIAA) might want to comment on it but we

have seen it at State Farm. The landlord allowed a

tenant in the building to have a "dangerous" animal in

the building and didn't do what was needed to keep the

other tenants safe from the animal. If the tenant has

renter's insurance, liability falls onto the tenant. If the

tenant doesn't have the assets or insurance to cover the

injury, then they go after the landowner's money to cover

the costs for medical bills.”

¤

DOG BITES MAN: LIABILITY FOR DOGS(CONTINUED FROM PAGE 1)

W W W . C I A P A R T M E N T S . C O M N O V E M B E R 2 0 0 8 • P A G E 1 7

WILL CAPITAL GAINS IN THE UNITED STATES CHANGE?(CONTINUED FROM PAGE 14)

According to a Senator Obama economic advisor, Obama

wants to raise the long-term capital-gains rate for families

making more than $250,000 to around 20% or somewhat

higher – but not above the 28% level it reached during the

Reagan presidency. The same rate would apply to most

dividend income for these investors.

Senator McCain wants to keep the current structure of tax

rates on capital gains and dividends. But many wealth

advisors believe that if he won the presidency, he would be

forced to compromise with the Democrats in control of

Congress and eventually would agree to a capital-gains

rate increase.

Bob Willens, president of a tax-advisory firm in New York

bearing his name, agrees the capital-gains rate is going up

next year. “It's something you need to resign yourself to,”

he warns. But he says there's no reason to rush to sell

today, since lawmakers aren't likely to make tax-rate

increases retroactive to the start of next year. He sees the

effective date more likely as sometime around mid-2009.:¤

THANKSGIVING TIPS FOR HOSTS AND GUESTS

If you are the host...

If you are a guest...

�

�

�

�

�

�

�

�

�

�

Plan to provide a traditional Thanksgiving feast, then

be creative with side dishes.

Whenever anyone offers to help or bring a dish, say,

"Yes, thank you!”

Use hollowed bread loaves for charming serving

containers for cheeses, dips, olives, chips and small

sandwiches.

Once the table settings and centerpiece are in place, sit

in each chair to make sure each guest will feel

comfortable.

Include favorite kids' foods, especially those they can

eat neatly with their fingers.

Provide at least one low-calorie dish and a vegetarian

option. Then serve a sinful dessert.

Completely clear the table of all dishes from previous

courses before serving dessert.

Fill the sink with soapy water so cutlery and small

dishes can soak clean as the guests are finishing.

Make it easy for guests who help you clean up to help

you recycle. Place bins in the kitchen labeled "glass,"

"cans" and "trash.”

Keep club soda nearby to clean spots or stains on the

tablecloth or clothing.

Arrive no earlier than the time the host has announced

and no later than half an hour after the time.

Plan to stay about an hour after dinner unless travel

plans or sleepy children necessitate leaving earlier.

Bring a gift and write a note of thanks afterward.

Offer to help set up for dinner and to clean afterward.

Notify the host of any special dietary needs -- if you

are a vegetarian, diabetic or allergic to common foods.

You can tell the host how to prepare a dish you can

eat, or even better, offer to bring that dish yourself.

If you're going to a potluck Thanksgiving, bring a

serving dish with your contribution. Remember, the

best potluck dishes are those that need minimal

preparation in the host's kitchen, can be served at

room temperature and require only a fork to eat. ¤

�

�

�

�

�

�

(FROM READERS DIGEST - WWW.RD.COM)

Want to be the perfect holiday host or guest? Follow these tips on etiquette and

entertaining, and your dinner companions are sure to be thankful.

CENTRAL ILLINOIS APARTMENT ASSOCIATION

PO Box 17324

Urbana, IL 61803

Return Service Requested

PRSRT STD

U.S. POSTAGE

PAID

CHAMPAIGN, IL

PERMIT NO. 500

WHAT’S INSIDE:

GENERAL MEETING - NOVEMBER 20TH

Do you own yourtenant’s dog?Dog Liability

Capital Gains –The Times are Changing

Don’t ForgetNovember 4th is

Election Day! FocusFocusWant to reduce your

tax burden by up to 60%?

November 8th isour Murder MysteryMembership Drive!