Ni me toka tuki dogo, ni me toka studio tuki dogo, ki dogo, ki dogo! Ki dogo guys not even for three minutes. Yo buddy di me ni pega. Oh my gosh. E man James, good morning. Ii joto na shne kusame kukost. Siyuku jana yo evi ya ki please. It's too much. At what platform Facebook, what platform channel Twitter hashtag is why in the morning my name is Valentine or at Colour Me Valkaribusana. So you know it's about that time. We are asking a very, very important question. And the question is, promises made to be broken or why do people break promises? For why? Should we even make promises in the first place? Hashtag why in the morning. But let me allow my panelists to introduce themselves. So hi guys. I'm going to make a little more zest. Hi guys. Hi. Thank you. Let's start with you. Please introduce yourself. Faith Musoli. On Facebook find me at Faith Musoli. On Facebook find me at Faith Musoli. Twitter at Faith Musoli. Instagram Faith Musoli. Mamu lirudi nasuwa. Twitter. Twitter. My name is Ken Andrew. And I am a student of this university. What do you study? I study communication and electronic media. Oh. That sounds fancy. It is not fancy but it's what I like. Karibusana. So tell me what you think about this. Why do people break promises? I think people break promises because at times they prioritize themselves. They feel like if I do this for someone they might feel maybe I love them too much or they might feel too confident of their position in your life. So maybe sometimes you decide let me break this promise and have them a bit to put them in their place. That's what I usually think happens. That is very confusing. Sorry. No, no, don't be sorry. Okay. So una pendim tu sana. So now you break a promise so you remind yourself where you're from. Siya tu una pendim tu sana but umtu anafil kama una pendim tu sana. Nampendisana. Nampendisana. So mwambi etu skupende evo bro. As you break your promise no at least a jwe kuna viduzi niye sezifana umse no. Sii last mwambi umpendip o jwe No. That sounds even worse. To look someone in the eye and to tell them they can't get something it's hurtful than the promise itself. You know?  That's sad. For me. Kabla twende lene, promis breaking. Ebu, just help me understand. Would you rather be told the truth like sezi kukaku payi amu you just be held hanging? Just. Of course I would rather be told the truth. Don't say it like that because sometimes the truth when it's being told sometimes it's not nice. I know. Sometimes the truth is not nice. It's not appealing to the ears but that is what it is. It is what it is. So if you just tell me that faith I don't want you. I don't like you. It will hurt me. But at the end of the day it will help me. There is no need. I will be in a relationship in a hopeless place. There is no need to be in a hopeless place. Just set the boundaries or rather the record right. Like if you don't want me you don't want me. Tell it to me.  I think if the promise is broken the boundaries are set because you will be thinking in the back of your head he did this to me last time. You can't do it again or maybe you will have that sort of confusion so you will not take the same steps you will not do the same thing that made him break the promise or made him promise you something. But how do you even know if you did something? Let's say you made me a promise and maybe I did something that you didn't like but I have no idea. I don't want to come to me. Like for all I know I was minding my own business having very good time because I like having good time and somehow it offended you. So something that we agreed on now is in jeopardy because you saw something you didn't like. Now niambi we pained you are just acting you are not talking to me. But you know one thing at times we ladies push guys into making promises that are not there because in the first place see take it to you know some ladies will force you into something and then they are like babe promise promise he is telling you I won't make it Yes you are like just promise me that you will do it then the guy says ok promise For example You have seen your friend with an iPhone you have seen faith with an iPhone and so you want an iPhone because your friends have iPhones then you pushing this guy buy me an iPhone the guy tells you I don't have the money but you insisting you need that phone then the guy tells you it's ok I'll get you end month then at the back of his mind he knows very well I'm not going to buy this phone but he just doesn't want to tell you because as for you you don't take a no for an answer so you just he's feeling that vibe So he just tells you I'll get you an iPhone then at the end of the day he tells you I'm sorry faith I couldn't he has broken a promise but for him it wasn't a promise he knew he wasn't going to buy you a phone but for you as a lady you just don't take a no for an answer ok I'm confused the two sides are confusing the first one why are you stressing somebody son why why are you stressing somebody son to buy for you something you cannot afford on your own exactly it's not fair but also you someone son why are you not just refusing just say no why are you there ok baby I love you I will do anything for you before the promise is made u boy anafakwa strong anafakwa na jokeni anezafanya na haiz so before he makes any promises anafakwa sure when you buy me an iPhone I can't buy an iPhone so just tell her I cannot buy an iPhone whatever happen next let it happen life continues is there an underlying fear that if you go ahead and say no instead of making the promise atakwa cha yes because anafia rejection anafia like this lady niki muambia no atani kata but I've seen she's a good lady nina mpenda she has a qualities of a woman that I would wish to stay with forever and then again ana ona if I make this promise maybe it'll keep so he just says it's okay I'll buy you whatever you want I'll do it but at the back of his mind maybe he knows that I'll not do it but to an extent something is telling him you get some money somewhere so if just in case I get that money then I'll buy her that phone so see atia see atia na make promise na najiwa hatafanya na najiwa hatafanya it's in between I'll either do it or not depending on my financial status but you know the fear will always be there but first of all you should know your financial capability before you make promise when after my day ni my loan ununue kitwenye maybe even after part of your iPhone what's there stopping her from leaving you know but at the end when you go back in depth so before the promise is made that's the key time that's the key part whom say anafakwa straw I can't get you this but I love you know that's the only thing you can do if you cannot get it but if you can get it well and good go ahead there's story for it's okay sorry by now you can be knowing your financial capability at that time when you're making that promise but towards you are fulfilling that promise something comes in between and then now you have to break these news to this lady that I'm sorry something came up you know you have broken the promise despite you knowing your financial status capability so promises can be broken not necessarily because you're broke or because something can come up along the way we are often accused of having very high expectations come on my damn but I'm seeing the opposite is also true you also have very high expectations as gentlemen so how would you feel if we are making each other I made you a promise and then I break it and I don't communicate at all and I'm acting like everything is okay for me if you break that promise and you don't communicate the problem comes in in the part of communication because promises will always be broken this is human this is how everything happens they will always be broken but if you cannot communicate after and say give a reason or say something just to reassure and keep everything in place that's where the real problem comes in for the man to not get a reason and to have a very little communication but for the promise being broken as I said before she can use it as a sign to show that well maybe we have this but not that much she can use it as a sign to show her real intentions and something which is okay and according to me it's very okay to put someone in their place like that is it true to say sometimes guys just aim for the surest that they can't afford and then they come telling, crying so that means ulianda ukomba gari ukanda ukomba ungo and I'm not by them making fun of anyone tafazari place no, that's not what I'm doing I'm just painting a picture so after you're just basically presenting yourself as someone that you are not that's where the story is going sindio aya my gosh I'm telling you on my surest where my boyfriend has car he's taking me everywhere oh my gosh oh my gosh this is a month that I've been living I've been living and then one day you just cannot afford to upkeep me is that a word you cannot just you know maintain the level that you have introduced yourself and I'm not pointing at him please it's not it's not paz no, no, no it's just in the general what's the problem mam na penatu witu muna muezi pata see what you want to penatu witu wizi pata but because you know confidence na if you feel like niki approach you dem nimo angelesha na kila kitu nukonayo nizam pata so na unjiwa boizwenju anga very high on confidence like wakiyo in a group mutiwa na apu iniwa tata really india wule tuna tuchana ana step up ana jekako situation sasa lazima azima tumiyo dola azima fanyizo witu zote then which sadly one day ita ina isha tu you know out of nowhere for me like kama wuna juwatu wizi awizi maintain witu witu unizo gari back seats tu liya tu fanyi witu zingine tiza ball kakandwadi wupati iso staff ju uta jeka situation iniwa piya wemone uta kuna muka sugu na sema jana nili kwa na ido leo si na fanya ni ni una kwa confused una make a lot of wrong decisions in your life so if you can't really maintain it just take a step back and let the ones who can do it do it but you know one thing you know one thing as women or other ladies we put men into compromising situations because io tu anakwambia kuna gari kuna pesa that is what we like to hear yes because my dear ilegari hai kwa yungu then you like tell me you're lying no tell me you're lying excuse me that you know you will not that is the equivalent of saying all men are dogs so so umetweka all was turned out no thank you I don't think the women put the men in those situations it's the men themselves because when you are 2021 you understand the weather of the dating scene and all the situations and you know if I go into this I'll have to be like this the women they will always be the same you know they will always want to be reassured with things and you cannot blame them for being like that because most deserve it you know and for a man if you know you cannot give it to them you'll be failing her and you'll be failing yourself you know and also you'll be failing all the men because that's not how it's supposed to go yes exactly but there are some let me use the word some let me quantify there are some women who put men in those situations and then there are some men who put women in that situation in that this man comes and tells me wamba faith I have a car then I fall in love I've fallen in love with the car thank you I was going to ask what are you falling in love with I'm falling in love with this car so all along we are riding around partying party after party and then there he comes one day and he tells me by the way you gotta see Angu then I'm like tell me you're lying because why come on then the relationship would have gone so smoothly like there wouldn't have been bumps and then along the way you find yourself like sasa tuta ishi aje tuta kula ni ini because this man is now broke broke yet he he was broke in the first place the broke is the absent of the car that is what you are calling yes but there are women who see men who don't have cars as broke momekuja san san sana sana sana but okay so many questions so many questions let us start with why are you falling in love with things and if you are going to fall in love with things you get your own thing you fall in love with them especially if you are like 18, 19, 20, 21 you still have your better life is ahead of you you can work towards all those things you can have them if you put in hard work dedication and you don't have to fall for things that other people have and break their hearts and also not fulfill your dreams and goals because you found someone and you are comfortable somewhere if you do it by yourself if you work hard with maybe two or three of your friends your girlfriends or something you can get to a better place than where you are because when you move forward because of your own hard work and everything everything will be you as you know depend on someone you don't have to fall in love with cars or any other things so if you are a young girl let's say to the ages of 30 it is very possible even for boys it is very possible you are still not yet at your prime especially if you are below 25 you can do a lot of things so you don't have to promise things you don't have to fall in love with other things to other people before you have really taken care of yourself and you started heading towards your goals in life we are going to read a couple of your messages that are available on Facebook or on Twitter the hashtag is why in the morning why? just before they set me up the way they usually do the beginning of an interview I just had with a very phenomenal woman I asked her what is the problem where do you live where do you live where do you live so what is the secret and she told me something that stayed with me we make promises or we are made promises we are made I hope so with the idea that there will be no challenges that everything will remain constant you know I could okay let's use each other once more time so maybe we make a promise before God and our family and friends but at some point forever is a long time so I know there is a point I won't really like you but I made a promise and I need not be very intentional with that promise I said I am going to do this even though I am feeling like this what has happened or he has done what I still have to honour my promise that is on me I have nothing to do with you or how you behave or what you look like I am the one who made the promise are we together terms and conditions that apply so let us now read suwale ni kwa nini ngo moa ye kukip promises mbo na atu hubreka hadi na hadi ni deni okay hashtag why in the morning remember you can find us at Whitefifu on Facebook Whitefifu channel on Twitter hashtag is why in the morning so we have a man James good morning star student hashtag when the morning his promises are worse than lies you don't just make your partner believe you also make them hope I got made a promise and I had full hope in it only to be disappointed later life is too short for someone to make use of you okay as we continue but you see how he is hurt you see because of a promise someone made but it's opposite is also true like I could make your promise have every intention of keeping it but somehow COVID-19 just comes and I have broken it just like that without wanting and now you are upset but I think the point is communication after communication after that is key because you might be intentional it might be not intentional but if you act like you give someone the silent treatment be it your girl your man your father if you give someone the silent treatment after that's what really ruins the whatever relationship you have but then again it depends on how many times this person has been breaking the same promise a mistake made once is a decision more than once sorry a mistake made more than once is a decision yes I had to call Emmanuel Louison because it's morning when the morning well I promise it's like me won't go through are we politicians we still mourning that hi we still Michael Delandela still mourning that hey tune in and buy a good topic naniya na gaji bo hehe itu vichinja anga vina buddili moribu mkwa says kaka wega tune ati eee promise ningu mua kii tu achatu maside eva says chokasai bumilia nikondani ya shawala eiku promise nikama wonga tu I think we have a politicians affecting our hearts those ones will promise you everything alafu rukwiki peteru kie kie so Yes. So, sometimes in condition you're at the time in Afanya, you break promise mostly, you come, you're about to shed. Money is running in the world. Hashtag, why in the morning. As we continue, we have over the day amortizia, njito ande ni kondani watu wanna break ahadi me biju yadada kuchafuka. Timo, bazuwa's good. Timotachi says the window will be changed. Aga na sayo wongo. David Odera says kisumu sorry to collect ni in singumusana kukip. Okay. Paul Kamala says taveta market present on the register with Joseph Ray Rotund. Rama Love says ponu suzenia ziko fragile. Woh, medunga point. Siju ni kupigema kofi. Godia pingo ni mekwana irungu Jay Jason. Ni mekwana Piawell. Tabi. Ah, irungu Jayson ame sma. But he Jayson haini. So, I am not sure if I'm saying it right. Mi kubaya. Tabi wa. Tabi ni mekwana eni gumusana kuchimiza hati zingini ni regrettable. Oh, bedia slasas macha well-tuned. I have Machu present. Musabi Junior says 026. Weh, lukho ame, I think. Saboji, opposite, kitinda begari tuned in, I think. Okay, hashtag why in the morning. Is there a problem? Is the bigger the promise, the mother hat? Yes. It is? Give me a smaller hat.


The Federal Aviation Administration's Aviation Safety Program presents the Safer Skies Aviation Training Series. The Safer Skies Agenda originated in 1998 when the administrator and her team identified the most critical and most common causes for aviation accidents. Aeronautical decision making, weather, loss of control, controlled flight into terrain, survivability and runway incursions. Together, these six make up the majority of all general aviation accidents. We encourage all airmen to view all six presentations. The FAA's primary goal is reducing fatal accidents and that's a responsibility we all share. Let's take the time to focus our attention on these six critical subjects. Hello, my name is Ralph Hood and I'm the original Top Gun pilot. Actually, that's not true. Like half my lies aren't true, I'm an aviation humorist. But today I'm here to talk seriously about aviation safety and the FAA's initiative called Safer Skies. You know, as pilots, we don't start our flying careers or even today's flight with total disregard for good judgment or good flying skills. But along the way mistakes are made. Bad habits are learned. Good judgment is left behind on the ramp and all too often a few souls are lost in the ink of the morning headlines. It's our intention to help you and all of us find a way to truly Safer Skies. You know, Hill Gates couldn't calculate all the mistakes and judgment errors that I've made in my 34 years of flying. But I have lived to tell about it and it's our intention to help all of us identify the issues and the solutions that will make us all better aviators. The Safer Skies program in general is about identifying risk issues and doing something about them. Our ultimate goal is to reduce the number of fatal accidents in aviation. So how do we do that? The first step in any problem solving procedure is to recognize the problem and identify the reasons it exists. Well today's program is about weather as it relates to aviation. I'm here to tell you folks, we do have a problem. The NTSB has determined that 27% of all aviation accidents are weather related. And listen to this, 90% of all weather accidents were caused by pilot error, deficiencies in pilot judgment, and shortcomings having to do with any number of other problems of pilot origin. Now folks, this is something we can change. So while this particular program is about weather, it's more specifically about how to plan for weather and deal with weather in the course of flight. Knowing meteorology and how to read a terminal forecast are part of the solution, but the bigger part is how to manage that information. Additional Safer Skies programs will deal with some of the other important safety issues. This initial series will address six. This one of course is weather. And there's aeronautical decision making, loss of control, control flight into terrain, survivability, and runway incursions. Obviously some of these topics do overlap and in no way do these topics cover the entire range of issues relative to aeronautical safety. But as an ancient Chinese proverb states, a journey of a thousand miles begins with a single step. You might be thinking, what does this all mean to me in the left seat as I try to work my way around a weather hazard area? I think you'll quickly agree that basic ADM, aeronautical decision making issues are at play throughout the entire process of planning and executing a flight. And that adding the weather factor into the equation just exaggerates the need for sharpening both your flying and your thinking skills. A key point to remember here is that it is not weather that crashes airplanes. It's pilots making bad decisions about weather. ADM is defined as a systematic approach to the mental process used by pilots to consistently determine the best course of action in response to a given set of circumstances. Another way to look at ADM is controlling the errors. Error management within the aeronautical decision making process relies upon situation awareness, problem or threat recognition, and good judgment in resolving the threat or the error. A simple way to apply the decision making process is the three P's, perceive, process, perform. Take in all of the available information like this, figure out what to do with that information, and then do it. After the perform step, evaluate the outcome of your action, which starts the three P process all over again. Perceive, process, perform. It's a good formula to remember whether you're flying IFR across the country or taking a quick Sunday afternoon hop around the pattern. So let's get started on our weather program by visiting with Mr. Steve Brady. Now Steve is a veteran flight instructor, but he is so much more. Steve now works for the FAA's Orlando, Florida Flight Standards District Office. Steve has been a safety program counselor for the FAA's Wings Program for a number of years. I'm Steve Brady, and twice I've been honored with the CFI of the Year Award from the Orlando Flight Standards District Office. In 16 years of flight instruction, I have always considered weather to be absolutely one of the most critical to flight safety items. In a recent five-year period, there were 9,087 general aviation accidents in an estimated 138 million flight hours. That's one accident for every 15,000 flight hours. Of these 9,087 accidents, 1,716 were fatal, or roughly 19%, resulting in 2,976 deaths. I apologize for all the facts and figures, but it's important for us to all understand exactly how dangerous weather can be to aviation safety. On average, 27% of all GA accidents are weather-related, so approximately 2,450 of those accidents are 490 per year relate to weather. The trend is that 30% of weather-related accidents are fatal. Do the math, and we lose close to 254 souls per year. That's 254 deaths per year that can be attributed to weather and pilot's inability to cope with the conditions and circumstances. The best news I can offer is that the majority of weather-related accidents occur in VFR conditions and are not fatal. A good deal of those are mishandling crosswinds on landing, stick and rudder 101. Though any accident is a concern to us, we're going to concentrate on the more serious issue of the more serious accident. Let's break 10 years of fatal accidents down by scenario, and you'll see what I mean. Loss of control on landing, or takeoff due to the pilot's inability to manage adverse winds, accounted for the largest single category of the total weather accidents, about 50%. But of these, only 21% were fatal. That is of course a number which does concern us. However, when we look at VFR until IMC, which represents only 10% of all weather-related accidents, we see that over 80% of those were fatal. This indicates that VFR flight in IFR conditions is a very dangerous scenario in a situation we can avoid with proper planning. Certainly in some of these situations, mechanical failure like power plant, vacuum and electrical played a part, but less than 6% overall. That leaves us with a grim fact that pilot error accounts for 94% of weather-related accidents a year. Let's let that settle in for a minute. 94% pilot error. The solution on paper is really quite simple. Knowledge, training and discipline. The real world, however, is considerably less perfect than the hypothetical. Let's break down knowledge, training and discipline to find some answers. Knowledge. There are two kinds. Common sense and education. Common sense, you either have it or you don't. If a prospective pilot doesn't have it, he or she will probably never make it past their respectable CFI or FAA examiner. The system could certainly fine-tune and expand one's inherent common sense, but it really can't be taught. We do, however, have greater control over a pilot's formal education and training. The initial process of earning a certificate, any certificate is no cakewalk, and the later ratings, commercial, instrument, ATP, etc., etc., are just that much more demanding. And once a certificate or rating is earned, it doesn't stop there. Most general aviation pilots, unfortunately, don't spend enough time and effort to hone and polish those skills. And far too many ignore the educational programs sponsored by the FAA and various other groups and organizations. Learning is difficult enough. Remembering is even tougher. That's why there's so much emphasis on checklist, recurrent training, and continuing education. Being a good pilot is a whole lot more than being a good stick. The more you know, the better you'll be. Training. Before you were granted the privilege of solo flight, you were trained to fly the airplane. As each rating filled in the blank space on your certificate, you were trained in a new aircraft, environment, and situation. Competency checks and recurrent training are not only a fact of life in aviation. They're an opportunity to boost both skill and confidence. Are we providing adequate training? You bet. Is the flying community benefiting at the optimum level? I think yes on the professional level, so why not here in GA? GA pilots, just like the professionals, owe it to themselves and their pastures to be as safe as they can be. Constant training is the key to that commitment. Discipline. Airlines. The military. Most corporate flight departments. Part 135 operators. Fractionals and insurance companies require recurrent training and continuing education. The vast majority of general aviation pilots stop training with their ratings and their biennial flight reviews. And though all the training in the world is no guarantee that every single flight will be perfectly safe, it sure puts the odds strongly in your favor. Participate in the FAA's wings program. Take the time to review some of the excellent refresher courses available on the market.  There are lots of ways to improve your knowledge and your skills, but it all begins with your commitment. This goes back to the heart of the Safer Skies Initiative. Our number one priority is to prevent fatalities. We all do that by recognizing the threat or the error and doing something about it. Since the subject here is aviation weather, let's visit with Dr. Chris Herpster of the faculty at Emory Riddle Aeronautical University's Daytona Beach, Florida campus. Hi, I'm Dr. Chris Herpster. My subject is meteorology. There are two key elements that have to come first if we're going to make aviation safer with respect to weather. First, we have to get the information to the pilots. And second, the pilots have to understand exactly how that weather is going to affect their flight. So let's talk for a minute about what's available as weather information. The FARs are not very specific about where you have to get your weather for Part 91, general aviation operations, but the phrase appropriate sources shows up several times. If we look at Part 135 regulations, what the professionals fly, the requirement specifies information generated by the National Weather Service and the FAA. Though there are only a few official sources of aviation weather, there are many other references that might help you as a pilot piece together the entire picture puzzle. Officially, there are Duots, DTN, and WSI on the Internet. Flight service stations either automated or conversation with the Flight Service Specialists, National Weather Service, Air Routing Traffic Control Centers, and TWIB or AWAS or ASOS either by phone or radio. Unofficially, there are newspaper, television, radio, lots of Internet options, your cousin Bob, and sight, sound, smell, and touch. The appropriate sources are products of the National Weather Service, the Aviation Weather Center, and their parent organization, the National Oceanic and Atmospheric Administration, along with the Federal Aviation Administration. These organizations provide products designed and tailored for aviation purposes, prepared by folks whose business it is to create useful and discernible information for pilots. Cousin Bob might know it's going to rain when his tricked knee starts acting up, but that's not going to help you a whole lot while you're trying to circumnavigate a weather system on your way to Cincinnati. So what do you need to know? Well, that sort of depends on what kind of mission you're on. If you're headed 25 miles away for that $100 hamburger on a Sunday afternoon, a little info about wind, visibility, and developing weather is probably enough. But in these days of heightened security, I wouldn't taxi to the gas pumps without checking the notams. Technically, when you leave the vicinity of the airport, you're under the auspices of FAR 91.103. But if you're headed 600 miles on an IFR flight plan with a couple of weather systems and maybe a mountain range between here and there, you better not only have all the available current information, but you need to know what the information means and how to use the information. Legally, FAR 91.103 has the same regulatory requirements for both flights. That is, each pilot in command shell before beginning a flight become familiar with all available information concerning that flight. This information must include A for a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cannot be completed, and any known traffic delays of which the pilot in command has been advised by ATC. There's more to this reg, but this is the part that relates to weather. A little later in the program, my friend Ed Leonard is going to explain what's available as weather information. I'd like to concentrate on the actual weather phenomena and how it affects your flight and your safety. The key areas that affect safety the most are turbulence, convection, icing and obstructions to visibility like haze, fog, clouds, etc. These are all local phenomena, but they're associated with larger scale features on a weather map. As a meteorologist, I like to look at the big picture first and then narrow down to the local scale in issues. The biggest features that we are concerned with would be frontal boundaries between the air masses. What's an air mass? Simply a large volume of air that has more or less uniform temperature and moisture characteristics at any given level. On a weather map, we would recognize these as areas of high pressure. Fronts are simply the transition zones from one air mass to another. We define the word front by the movement of one air mass into a region currently occupied by another air mass. Simply, a cold front is where a cold air mass is replacing a warm air mass. A warm front plays versa. Generally, a cold front is associated with more unstable conditions like convective activity while a warm front is mostly associated with more stable conditions like stratus clouds. Lots of IMC, but not too bumpy. However, this warm frontal region may be more likely to have conditions of icing, fog, or other low level obstructions to visibility. For airframe icing, the first thing we need are temperatures near zero degrees Celsius or below. And the second thing we need is the existence of liquid water, like we find in clouds and light rain. There are volumes of information available about the physics of icing conditions with terms like super-cooled droplets. But what you need to know most as a pilot is that any time the outside air temperature is less than 2 degrees Celsius, watch out. Now, when it gets really cold, say minus 40 degrees Celsius, the risk of icing drops to near zero as liquid water no longer exists at these cold temperatures. For most applications, you won't see dangerous icing conditions below minus 20 degrees Celsius. Two kinds of ice, rime and clear. Rime ice occurs when droplets rapidly freeze upon striking an aircraft. The rapid freezing traps air and forms a brittle, opaque, and milky-colored ice. Rime ice grows into the air stream from the forward edges of wings and other exposed parts of the airframe. Generally, rime ice occurs with greater frequency than other ice types at temperatures that are colder than minus 15 Celsius. Although rime is the most common type of icing, it is regarded as the least serious since it typically forms at the leading edges of the aircraft where the de-icing devices might be installed. Its shape and texture are relatively ineffective in disturbing the airflow, and its brittleness makes it easier to remove. Some aircraft are certified to fly into known icing conditions if they have certain anti-icing or de-icing equipment. And having the right gear does not get you a free ticket home. Even rime ice can build faster than the anti-ice and de-ice equipment can handle. In clear ice formation, only a small portion of the drop freezes immediately while the remaining unfrozen portion flows or smears over the aircraft's surface, gradually freezing. Since few air bubbles are trapped during this gradual process, the end result is ice that is less opaque and denser than rime ice. The ice can appear either as a thin, smooth surface or as rivulets, streaks, or bumps of clear ice. Clear ice, sometimes referred to as glaze ice, is generally expected at temperatures warmer than minus 15 Celsius, with most of the reports occurring within the range of minus 10 Celsius to just below 0 degrees Celsius. Clear icing conditions exist more often in an environment with higher liquid water contents and larger droplets which freeze more slowly. Clear icing is a more hazardous ice type for several reasons. It tends to form horns near the top and bottom of the airfoil's leading edge, which greatly affects airflow. This results in an area of disrupted and turbulent airflow that is considerably larger than that caused by rime ice. Since it is clear and difficult to see, the pilot may not be able to quickly recognize that it's occurring. It can be difficult to remove since it can spread over a part of the airframe's surface that is not protected by de-icing or anti-icing equipment. A type of clear icing that is especially dangerous to flight operations is ice formed from super-cooled large drops, SLD. This icing occurs in freezing rain or freezing drizzle situations where large super-cooled drops can accumulate rapidly and run back along the airfoil. Its lumpy texture can cause severe airflow disruption and anti-icing or de-icing equipment will have a hard time keeping up with the accumulation. You also need to know the different severities of icing conditions, whether you're interpreting a report or offering up a pie rep. Trace is when the rate of accumulation is slightly greater than the rate of sublimation. Light is when the rate of accumulation may present a problem if flight is prolonged, say over an hour, in this environment. Moderate is when the rate of accumulation is such that even short encounters become hazardous and use of anti-icing or de-icing equipment or diversion is necessary. And severe is such that anti-icing or de-icing equipment fails to reduce or control the hazard, and immediate deviation is necessary. If ice does happen to form, your logical choices are turn 180 degrees, ascend, or descend. You might first think that the air below is naturally warmer, but that won't be the case if you're flying into the region of a warm front, where the air below will probably be colder, while the air above might be warmer. This would be a good time to know exactly where you are relative to the front, and also to know cloud tops. No clouds, no moisture, no ice. Another hazard around frontal boundaries is turbulence. Most people think convection when they hear turbulence, but turbulence is also associated with large changes in wind speed and direction. Since fronts are boundaries between two different air masses, they're also boundaries between two different and conflicting wind regimes. When these conflicting winds come together, it's going to get bumpy. If the turbulence causes momentary slight and erratic changes in altitude and or attitude, it's light turbulence. If it causes slight, rapid, and somewhat rhythmic bumpiness, it's light chop. Moderate turbulence, or chop, is a bump up from light, but the aircraft is still under positive control. Severe turbulence would cause large and abrupt changes in altitude and or attitude, as well as indicated airspeed. The aircraft may be momentarily out of control. Extreme turbulence violently tosses the aircraft about and may cause structural damage. The aircraft is practically impossible to control. Clear air turbulence can occur hundreds of miles downwind from the frontal boundary or in the lee of a mountain range. A visual clue here might be lenticular clouds with particularly well-defined edges. The ride below those clouds would be the worst. Severe turbulence can also be found many tens of miles downwind of large anvil-topped cumulonimbus clouds with overshooting tops. This is a result of convection that has so much momentum that it rises above the level where it is naturally buoyant. These regions are all tough to forecast, so the best information available for avoiding the bad ride is to check the pyreps and avoid the area or the altitude. The granddaddy of turbulent environments is the thunderstorm cumulonimbus.  All cumulus clouds are a result of unstable air and, as a general rule, the sharper the edges of the cloud, the bumpier the ride. But a true thunderstorm, particularly in its developing or mature stage, is truly a killer. Let's examine the life cycle of a thunderstorm. Cumulus clouds that become thunderstorms tend to follow a sequence as they evolve from developing clouds to precipitating storms. In the cumulus, or growth stage, the cloud is occupied with only updrafts. As the cloud continues to evolve, the droplets become too big for the updraft to support them, and the cloud begins to precipitate. At this point, the cloud has regions dominated by updrafts and regions that are dominated by downdrafts. The last phase of the cloud's development is the dissipating phase. At this point, the cloud is dominated by downdrafts throughout. The downdrafts are what can create microbursts and gusts fronts. Intense and well-defined windstorms spreading outward from an approaching or passing thunderstorm. Many a pilot has been smacked while trying to beat the weather to the field. The biggest danger of these sudden and intense wind columns is wind shear. Rapidly descending air columns approach the ground and spread out in all directions. An aircraft might fly through a 45-knot headwind immediately followed by a 45-knot tailwind. You can imagine the consequences. When either giving or interpreting a wind shear report, both the altitude of the encounter and the airspeed loss or gain are important. The appropriate action, if landing, is to increase airspeed and abort, period. If taking off, don't end of story. Obscuration of visibility brings in a whole new set of issues. Keeping it together straight and level at altitude is one thing. Add the stress of an approach to minimums in hostile terrain to the equation and the picture changes. Some of these issues are regional, like dust storms or blowing snow. But all of us have to deal with fog and low ceilings. So let's look at those. Fog is most likely to form in regions of relatively stable air with light winds. These conditions help to minimize the mixing of the lowest part of the atmosphere. And if the air cools sufficiently, then fog forms. Fog is most common at night or early in the morning when conditions are coolest. But in the vicinity of a warm front, fog conditions can persist throughout much of the day. Salt air encourages the formation of fog, and a bank of sea fog can be fast-moving and quite dense. Because of temperature changes with altitude, a fog layer may only be a couple of hundred feet deep. That's suckered quite a few pilots into thinking they can find the field on approach because they caught a glimpse of it from above. Low ceilings are often found in similar conditions as fog. In fact, sometimes the low cloud deck is what's left of a deep fog layer that has dissipated at the surface. Of course, one might also find low ceilings in the vicinity of the warm front and less commonly a cold front. Stationary frontal boundaries, simply a front that moves very slowly or not at all, can provide the best ingredients for low clouds, as the presence of clouds in light rain can keep the lowest layers of the atmosphere quite cool and moist. The good news, bad news with stratus clouds is that the air is generally stable and the ride is smooth. It's just that no one can see. Finally, haze can be an extremely hazardous situation, especially from sunset to sunrise as it can obscure the horizon and other ground references. Haze can form any time the relative humidity rises above 50%, and is most common along coastal areas where the salty conditions support the formation of very small water droplets. The statistics are filled with VFR pilots that have fallen victim to haze obscuration, particularly in the evening on the coast. At the end of the video, we've listed several excellent sources of additional information on weather for aviators. While these are great sources of information available to you while on the ground, when you're in the air, perhaps the best source of information of the current conditions is you, the pilot. The issuance of PIREPs may be the best service that you can provide to your fellow aviators. Not only do PIREPs alert other pilots of the actual flight conditions, they're the best information that meteorologists can use to verify a forecast and modify this forecast if necessary. No one expects all pilots to be fully trained meteorologists. That's why the federal government has created such a fabulous network of aviation weather information resources. What is critical, however, is that each and every pilot at all levels of proficiency and responsibility has a very good understanding of how various weather phenomena affect the safety of a particular flight and what to do to prepare for the situation. Above all, remember that it's not weather that crashes airplanes, it's pilots, and their inability to cope with weather, that's what crashes airplanes. A little knowledge can go a long way on the journey to safe flight. Now you can see why I think a solid understanding of the weather is so crucial to aviation safety. So let's assume that you've learned and remembered everything there is to know about the weather phenomenon. How do you use that information? The first step is to apply that information to the very specific flight you're about to make. This goes back to our perceive, process, and perform model. Gathering the information and understanding the information is the perceived part of the model, but it does you no practical good if you don't interpret that information within the context of your immediate specific needs. The current flight operation. I teach my students to visualize the weather relative to their specific operation. For example, if the wind is 1-6-0 at 8 knots, gusting to 14 and your runway heading is 2-2-0, make a mental picture, or better yet, a drawing of exactly where you expect that wind to be coming from and at what force. Now you have covered stage 2 by processing the information, and you know what to expect. The next step is to perform. In this case, make a go, no go decision, and if it's a go, then crank in a little left aileron, maintain heading while keeping the aircraft firmly on the runway until you achieve the proper airspeed for positive control. We'll revisit the visualization practice after we spend a little time with Ed Leonard of the St. Petersburg, Florida Automated Flight Service Station. Hi, I'm Ed Leonard, and I'm a flight service specialist with the FAA. When you call St. Pete to speak to a briefer, it's a good chance you'll get me. Since I joined the FAA in 1988, I've served the dual mission of imparting flight conditions and weather information to the pilot population and telling anyone who will listen about the Federal Aviation Administration and the role that flight service plays in keeping our skies safe. The FAA was created in 1958 from the outdated CAA, or Civil Aeronautics Administration, which had its start in 1938. Both organizations can trace their routes to the 1920s and the 17 air mail radio stations along the 2,600-mile transcontinental air mail route. By the late 50s, much had changed in aviation, and the new FAA was mandated to manage information and administration to the entire flying community, and flight service became an integral part of that organization. At one time, there were almost 400 flight service stations around the country, and it was pretty routine for a pilot to walk in and get a custom briefing in person. In that situation, the pilot could see the current weather and radar maps and eventually satellite imagery and discuss them as necessary, leaving with a pretty good picture of what to expect. We still have several of those stations around, but the norm these days is to acquire your weather information from a variety of sources. The more a pilot knows about weather and how to interpret the reports and trends, the less chance he or she has to find himself or herself in an uncomfortable or even unmanageable situation. Unfortunately, not every pilot is a meteorologist, and not every flight is in the same conditions. That's where we come in. We're here to help you interpret and understand current and future weather, and help you make decisions about how, when, and where to conduct your flight safely. This pre-flight weather information is provided by flight service directly to the end user, in this case, the General Aviation Pilot, in several forms, and can be acquired in a couple of ways. A briefing by flight service specialists like myself, either by phone, on the air-to-ground radio, in person, or by an automatic user-prompted telephone call to 1-800-WX-Brief. In addition, some airports provide weather information through radio frequencies, a direct phone lines connected to automated weather reporting systems like ASOS, automatic surface observation system, ADIS automatic terminal information system, and AWAS automatic weather observance system, and Tweeves transcribed weather broadcast. These numbers, if available, are listed in the airport facilities directory published by the FAA, as well as in some commercially published directories like the AOPA airport directory, the Prime Meteor AccuQuick and Flight Guide. These sources, along with the National Weather Service and designated commercial providers, DUATS, DTN, and WSI, are the certified sources of aviation weather in accordance with FAR 91.103 that Dr. Herbst had mentioned earlier. When you begin your flight, you have the advantage of sight, sound, touch, and smell to determine the current weather conditions. Normally, you should be able to look around and make a go-no-go decision if your flight is in the local area. When your destination is not in the vicinity of the departure airport, that advantage is no more. If you're contacting Flight Service for your weather briefing, you'll ask for an outlook briefing if your departure is six hours or more in the future. You'll ask for a standard briefing if you have not received a previous weather briefing or an abbreviated briefing if you just need to supplement the information you received earlier. Let's talk for a minute about other sources. The logical first step is to acquire the big picture, maybe from the Weather Channel, local television aviation weather on PBS, something like that. Sometimes you'll make the go-no-go or delay decision from that info, but it at least gives you a basis of current and trending weather information making the in-depth forecast easier to comprehend. If you're planning your flight on the computer, start your flight planning with a satellite view and service analysis. These are very good big picture tools. Then go to the METAR, the area forecast, and the TAF. Let's look at each one. A METAR is an aviation routine weather report which can be a combination of automated and observed sources and is the most current, at least every hour, look at the conditions. This one's for Cincinnati's Lunken Field and breaks down like this. First, the four letter identifier KLUK is for Lunken Field, then the date time group. The two seven is for the 27th day of the month. The 1853 Zulu is the observation time. If the METAR is already sent and the weather changes before the next hourly observation, a specie will be generated with the new time. The next set of numbers is the wind. In this example, the first three numbers indicate the direction that the wind is blowing from. And the next two numbers indicate the wind speed. In this example, five knots, three five zero at five. The next number is the visibility. Five with the letters SM denoting statute miles. Then the next RA is rain and BR missed. The ceiling's 600 overcast, temperature zero nine Celsius, dew point zero eight, and the altimeter two nine or nine or six. The aviation terminal forecast referred to as a TAF is a concise statement of the expected meteorological conditions within a five statute mile radius from the center of an airport's runway complex. TAFs are issued four times daily, zero zero zero zero zero Zulu, zero six hundred Zulu, twelve hundred Zulu, and eighteen hundred Zulu, and are valid for 24 hours. The last six hours of each period are covered by a categorical forecast indicating that VFR, marginal VFR, IFR, or low IFR conditions are expected. Low IFR, by the way, describes conditions of ceilings below 500 feet and visibility less than one statute mile. Marginal VFR is one to three miles visibility and three to five thousand foot ceilings. Here's an example of a TAF for Cincinnati and this is how it breaks down. First we have the four-letter identifier. The next set of numbers indicate the observation time. Two seven is a twenty seventh day of the month. One seven four zero Zulu is the observation time. The next set of numbers is the valid time. Two seven, again being the twenty seventh day of the month, is valid from one eight zero zero Zulu to the next day at one eight zero zero Zulu. The surface wind, one nine zero at four knots, visibility four miles, light rain, mist, with six hundred scattered ceilings two thousand five hundred overcast. Temporarily between one eight Zulu and one nine or Zulu, two miles visibility, rain, mist, and ceilings six hundred overcast. From nineteen hundred Zulu, the surface wind, two two zero at five knots, visibility five miles, mist, and ceilings one thousand overcast. The area forecast, abbreviated as FA, is used extensively by Flight Service and is prepared three times daily and four times in Hawaii. The area forecast is an eighteen hour synopsis of expected weather patterns with a twelve hour forecast of VFR cloud cover and a six hour categorical VFR, marginal VFR, IFR, low IFR outlook. Let's break one down. We'll look at southern Georgia where our flight is beginning. First we're looking at southeastern Georgia where ceilings one thousand five hundred broken to overcast, tops at three thousand, visibility three to five miles and mist. Between sixteen Zulu and seventeen Zulu, ceilings three thousand broken. Between eighteen Zulu and twenty Zulu, four thousand scattered to broken with broken serious above with the outlook period being VFR. Once you're airborne, you've got plenty of opportunities to update the weather picture. First and foremost, you've got your own eyes and ears. Secondly, you may have some pretty fancy stuff in the panel, ranging from a strike finder or storm scope to weather radar to the ability to display current next-rad weather via cell phone or satellite. Which you've also got the good old fashioned navcom radio. We invite you to contact us by radio on the enroute flight advisory service frequencies on one two two point zero, which is FlightWatch or other published discreet frequencies for enroute flight advisory service. That's also where you pick up or pass on pyreps, which are amazingly useful to pilots. You can tune into ASOS, ADIS, AWAS that we've mentioned a few minutes ago, or you can pick up a transcribed weather broadcast or TWEAP, which is broadcast over selected VOR frequencies as well as available by telephone. These are continuous broadcasts of weather information prepared for a 50 nautical mile wide radius along enroute and for selected terminal areas. TWEAPs generally contain a weather synopsis, route forecast, and or local vicinity forecast. TWEAPs are valid for 12 hours and issued four times a day at 0200 Zulu, 0800 Zulu, 1400 Zulu, and 2000 Zulu. Another important recorded broadcast is a HIWAS, or hazardous in-flight weather advisory service, with information about thunderstorms or other hazardous conditions. HIWAS covers a 150 mile radius and are broadcast hourly over selected VORs as conditions to require. We've sort of rushed through the wide range of weather-related services offered by Flight Service Station and the National Weather Service, but there's much more in-depth information in the aeronautical information manual published by ASA and on the Internet. But I think you can see the role of the Flight Service Station and the Flight Service Specialist is all about you, the pilot, whether by phone, by radio, or in person. It's our job and our privilege to provide you with the most current and most accurate information available to help you make your next flight the safest one yet. One of the processes Ed mentioned to me that he and other briefers go through is to mentally put himself in the cockpit with the pilot he's briefing and make the virtual trip. That helps him visualize the weather and gives the pilot more information that he can use more effectively. Good trick. I like to teach a similar technique of visualizing the weather that forces you to take a deeper look. This visualization process is an elaboration of the 3P model, and we've come up with a form to use as a tool. You'll find the download opportunity in the links section at the end of this program. First of all, let's think about the three phenomena that actually cause the weather. Temperature, moisture, and pressure. Some variation of these three factors are present in all weather situations, so the logical first step is to learn the facts about these three in all three phases of your flight. Departure, enroute, and arrival. This gathering of information is the perceived step of the 3P model. To effectively use this information, we've got to understand what it means. In this case, what will be the actual conditions based upon the weather generating factors we just learned about? Well, this combination of factors happens to spell out cold front, so what does that mean? Depending on the measure of those factors, that can mean you pass into a few degrees colder, but stable air, or it can mean the ride of your life, perhaps the last ride of your life. So here in the process part of the form, we write down what we actually expect to experience, what the actual conditions will be. That takes us quite logically to the next step in the 3P model and the next blank space in our form. This is where we make a decision. Take control, affect, and action. We might decide to reroute, delay, choose a different altitude, or cancel altogether. We might also decide that everything is fine. But when we reach that decision, it is based upon good solid information and knowledge, and we can proceed confidently and safely. And I've got to say, if I'm not confident, I'm not comfortable. And if I'm not comfortable, I'm not safe. This is a good opportunity to talk about the personal minimums checklist of which I'm a big believer. How do the conditions stack up against your confidence level? Is single pilot night IFR and rough clouds something you're mentally prepared to tackle? The personal minimums checklist allows you to take an objective look at the facts and compare them to your current competency level. If you pass that self-test, launch. If not, consider the options. But let's get back to the last step in the weather visualization process. Let's make a graphic representation of the flight and conditions. In this case, we're going to make a flight from Valdosta, Georgia in a high-performance, non-turbo aircraft. We'll start in good VFR, pass through some fairly interesting weather that includes a cold front and some potential ice, cross some mountains, and land in an intense traffic environment at Cincinnati's Lincoln Field. So we filled in our chart with the actual weather-generating info at our departure airport, en route, and at our intended arrival airport. The next step is to visualize exactly what we expect to see on this flight based on that information. This is the process part of the equation, and here is where we complete the visualization tool. You can see a web-based version of this tool at the ADDS.aviationweather.gov website, but I like the fact that the paper form requires a specific response to every question, forcing you to not just acknowledge the information, rather forcing you to make a decision based upon that information. And then you take the completed form with you on your flight to monitor the weather and your situation. Fly a couple times using the flight visualization tool, and you'll be amazed at how many fewer weather surprises you'll encounter along the way. I find this exercise forces me to truly think about not just what the weather might be, but how I'll be dealing with it. The final step is to perform, or in this case make a decision, go or no go. Delay, cancel, proceed. In most cases the decision will be to proceed, but with a specific plan and a much stronger sense of confidence. It's flying dangerous, it certainly can be, but very definitely does not have to be. The tools are all readily available to create and maintain aviation safety. Though sometimes airplanes crash in weather, 94% of the time it's not because of the airplane or the weather, it's because of the pilot. The system does an excellent job training pilots and offering both equipment and information necessary and appropriate for the mission. The all too often missing link is the pilot and how he or she perceives and processes that information and what decisions are made based on all that input. Weather is a fact of life in a pilot's world. The more you know about it, the safer you'll be. Making that tire squeak at your destination, one of the sweetest sounds you and your passengers will ever hear. When we take the time to analyze all of the factors involved in safely completing even a simple flight for a short distance, we begin to realize that the responsibilities we carry as pilots in command are not to be taken for granted. The goal should be zero mistakes, no errors. Realistically that's not possible. But when the technical skills under your control are in hand and you've minimized the errors, the potential threats are greatly diminished. But at every stage of flight there are continuing situations that require your recognition, perceive, your decisions, process, and your actions perform. The three P's of perceive, process, and perform should be constant and automatic whenever you're operating in any flight crew capacity. Understanding weather as it relates to aviation and knowing what to do about it are just two of the steps in our quest for safer skies.


Welcome to another episode of Condo Insider. My name is Jane Sugimura and I'm your host for this episode. And Condo Insider is a show for condominium, about condominium living and for people who work and live in condos. And we have, and you know, the last couple of shows have been about the pandemic. And so we're going to continue with that theme. My guest today is Maxwell Copper, and he's a partner at Porter McGuire-Chiacona, LLP. Welcome to the show, Max. Hi, Jane. Thanks for having me. OK, well, thank you for joining us.  Thanks, Jane. Porter McGuire-Chiacona is a full service condo law firm. We, the vast majority of our practice is serving as general counsel for condominium associations and homeowners associations across the state. And so we deal with all the wonderful stuff that comes within all the stuff that you deal with and the boards deal with regularly from covenant violations, you know, violations of house rules or declarations to collections of delinquent association fees to larger lawsuits. If a condo contracts with a company to resurface its parking garage and that project goes wrong, we can assist the association in dealing with the contractor and if necessary, although hopefully not, if necessary, lawsuits. And so we do hand a good portion of our practice is handling plaintiff side lawsuits for associations when dealing with the various issues that come up in being an owner of a building as condo associations or condo owners are. And then myself personally, I have been with Porter McGuire-Chiacona for about five years now. I've been practicing law for about 10 years and I focus primarily on condo association litigation as well as condo association general matters like the pandemic topic we're talking about today. And then with this pandemic, you must have gotten quite a bit of business, right? Oh, yeah, it's where we're the lucky ones, right? And we have jobs and people always have condos and always have questions about them. And the pandemic has only spurred more questions. So we certainly are busy. That's right. And, you know, the pandemic, I mean, the pan in March, in March on March 16 of this year, Governor E. Gaye issued his first emergency proclamation. And I guess that's that's what started all this, where all the rules and regulations and you know, started to come out. And and so I mean, so when when when the emergency restrictions came out first, it's the governor and then Mayor Caldwell, it was almost like almost every Thursday Mayor Caldwell would have his press conference at some location and he'd be talking about some new emergency order that he was going to do. So between the governor's proclamations and the Mayor's emergency orders, I mean, things got kind of confusing. They certainly did. And that was certainly a fun task trying to keep up with what the latest proclamation was. Luckily, the governor's proclamations have had been the same for some time now, with the exception of the travel quarantine program, which I'm sure we'll talk about, and the implementation of the tier system on the county level for the mayor's proclamation has also really helped to streamline the process and the understanding so that we don't have these new regulations each time, which allows the associations and frankly, the attorneys to get a better understanding of a rule, whereas in the past, we get an understanding of a rule and then that rule would change. But it's a lot more stable now, relatively speaking. Right.   We're private property. What do you think you are?  So I guess you guys are in the same position, right, giving out advice about amenities for condos. Absolutely. And the pool one had us all shaking or scratching our heads because if I remember correctly, first, it was all pools closed and then and then condos could open and then they couldn't and then they could again. And so that that's a really good example of the back and forth. What we have now is where pools can be open, but then the governor and mayor has sort of left it up to the associations, to the private, essentially private pool owners, right, to set guidelines and restrictions on how to proceed with that. And so that's a whole nother can of worms with dealing with the pool in terms of guiding associations through what restrictions, if any, to place, how to police those restrictions and how to enforce those restrictions.  How do we make sure that people will wear masks and they social distance? And in fact, when we when we open the pool the first time after we closed it and then then I guess the rules allowed us to open, we did open it, but we instructed our maintenance staff to take all of the chairs and put them, you know, basically to lock them up. And again, we had this uproar about how come you took chairs away and we said, well, number one, we don't have the staff to wipe them down. You know, to disinfect them and so if you want to take a chair, you take your own folding chair from your unit down to the pool. And and that caused a whole different set of objections. Yeah, I really like that example. What we tell when condo associations approach us with let's just take the pools or any amenity, for example, say, hey, you know, I know we're technically allowed to have it open now, but we're a little nervous about that. What do we do? Our response is you have two reasons to set restrictions, right? The first is to protect your residents, to protect your owners and your guests and your residents from contracting COVID and to provide a safe environment. And the other is, of course, as lawyers, we always have to think about liability. Is the association opening up itself to liability? And that second question is hard to answer, as you know, Jane, because you can't prevent people from from suing associations. It will happen. Fortunately for us, that's why we have jobs. But unfortunately for condo associations, that is a great expense and something to worry about. But if you do the first job well enough, that is if you put restrictions on the amenities and you manage the amenities in a way to protect the association members and guests in a health from a health standpoint, that minimizes the second concern, the lawsuit concern, as much as possible. And so that's what we advise boards to do, is to keep that in mind when coming up with restrictions. I really like what your association did was, you know, you're in an association that doesn't have a lot of resources in terms of employees and staff, so you don't have somebody who can monitor it. So you set up a restriction, a reasonable restriction, such as removing the chairs that helps with the social distancing, helps with the gathering when you don't have somebody there actively to enforce it. In the larger associations, you do have the staff. And while that has put a large burden on the staff, we have found the staff to be really excellent in this time because it's their community, too, and they're just trying to be the conduit to allow the community to use these amenities and to get out and do that. So while it does mean a lot of extra work for them, having staff is obviously a benefit to enforce these restrictions. OK, but, you know, there are other amenities, too. You've got gyms, some condominiums have gyms. And rec centers.  I mean, how do you treat? Advise the associations to deal with those amenities? I'll start with the rec centers or the common room. First, for the most part, especially recently, they have been closed down because of the number of people allowed for gatherings. There are exceptions for that, obviously, for the gatherings, one of which now is meetings to a certain extent. But for the most part, the restrictions on gatherings has been the most stringent, especially in the last month or so. So it's just easier for buildings to keep it shut down until the need arises. Gyms are another story because that's like the pools has been going back and forth in terms of gyms opening and gyms closing. Now gyms can open, but you need the social distancing requirement. We advise them, person to the order to keep the gyms to one third capacity. And we and this goes back to the staffing, the frequent cleaning of the areas. And that's the hardest part for associations and why we often advise for those amenities that you can close down to close them down, such as the common room or the gathering room. If it's not something that a lot of people are using and that you really need to open, that just becomes another burden on the association staff to clean and disinfect. For the gyms and the pools, obviously it's a popular amenity and something that the community has paid for. So the associations are under a lot more pressure to keep those open, but we advise to have a written plan of how to disinfect, how to socially distance and how to keep the numbers down so that if any questions arise from a liability standpoint, the association can point to their policy. Hey, we clean every so many hours. We wipe down. This is what the disinfecting that we use. One third capacity and social distancing and mask wearing. You know, that that is the best that the association can do in these times and having a written policy of proof will protect the association if any questions arise in the future. OK, well, you know, why don't we take a break right now? And then when we come back, because the next topic we're going to be talking about is employees, issues with employees and the health and safety rules. And so and so we've got a lot of ground to cover. So let's take a one minute break now. And then when we come back, that's what we'll do. Right. OK, welcome back to the second part of our condo and cider. And we're talking about living in a condo during a pandemic and how to deal with certain issues like amenities and health and safety rules. And my guest today is Maxwell Copper. And he's with Porter McGuire, Kia Kona, a law firm in Honolulu. Welcome back, Maxwell. Hi, Jane. OK. Why don't we go into there were some issues that we were talking about earlier.  And these are things that the Association has to deal with. Certainly. The Association, oftentimes, is a major employer. And what happens when any employer gets an employee who tests positive? What can you do? Well, there's a lot of resources online. The CDC and the ADA has this information. But the general steps are, one, to contact that employee and to ask consent, whether or ask whether or not you have consent to disclose this information, because that will send you down on two different paths. Let's assume you're not given consent that the person says approaches you and says, as an employee, I have COVID, I'm obligated to tell you, I'd ask that you keep this confidential. Then the employer is then tasked with talking to the employee, the positive employee and determining the contacts and then advising both other employees, as well as the Association, if they came into direct contact. But all that the Association can say is there has been a positive test amongst one of our employees. All of the direct contacts have been notified. If you have not been contacted, essentially, don't worry about it. You are not one person in the group that that was directly contacted by this individual. Obviously, on the other path, if the employee gives consent to share their name and limited information, first, we advise getting that consent and writing. And then you can say, hey, our front desk person has a positive test with COVID. We went through the same protocol of contacting everybody. If you believe you were in contact with that person, please let us know. And and then, you know, obviously, the testing that needs to happen with everybody who had close contact with that individual per the CDC guidelines. And, you know, and, you know, this is something that happens in any condominium.  And it's not unusual for for somebody to say and I've got an email saying, hey, we heard that so-and-so who is the maintenance person has COVID.  So if they're coming to me, they must be going up to the site manager or the resident manager saying, I hear that, you know, Joe Blow, our maintenance person's got COVID. And what are you supposed and what are you supposed to say to them?  That's a great question. You know, and that is a potential fire ant hill to step on right there because if you don't have consent or let's assume the person does have COVID and you don't have consent, the response has to be very clear. I'm not allowed to talk about employees, personal history and medical history as notified earlier. And a single employee or however many employees have tested positive and the proper precautions have been taken. The person has given consent. Then, you know, certainly that information can be shared. But with without, you know, in a manner that doesn't stoke the rumor mill, if that's possible, because that's what associations and communities in general, you know, we're social people, so we talk. But to your point, I think avoiding perpetuating that and and if it's false, if that hasn't happened, the response certainly can be we don't have that information. That's, you know, the employee has would be required to notify us and we don't we were not notified of that. So that information is false. OK, and, you know, one other thing that, you know, since we're on the health and safety, there are lots of things that I guess that people have asked you about, like, can we set up rules where people have to wear masks in the common areas? And what about elevators?  I mean, so, so, you know, because of the pandemic, a lot of the associations have had to kind of make rules about mass squaring, social distancing and the elevator. So, I mean, do they have? Is there a basis for them to do this in their governing documents? Or do they have to do a bylaw amendment or something? Or what can they do? And what kind of rules, you know, have have had to be implemented because of the pandemic? Excellent question. And probably the one we get most is when you you have a concern board that says, hey, we've seen the mayor's orders. We want this enforced here as well.  There's there's a mandate by the mayor and the governor that mass be worn. People aren't doing it here. What can we do? Fortunately, for most associations, they're in their governing documents, either their bylaws, declarations or even house rules. There is more often than not a provision which says that the. Residents, guests and that the residents and guests have to apply with state and county laws. Sometimes it's specific and says state and county laws with respect to health and safety, and we have used that provision to allow boards to enforce the mandates of the governor and the mayor without even passing a house rule. Sometimes boards have been more comfortable with passing a house rule saying that the governor and mayor's proclamations will be enforced under the house rule fee structure for so long as they are in place. That is not necessary most of the times, depending on the language of your individual governing documents. So just to make it a little clearer, basically, house rules have language that allow you to enforce these laws under the fee structure that already exists.  Absolutely. We've we've done it two ways. The first way is to adopt it by a house rule amendment, which can be done in the board, right? No, most of the time you don't need a declaration or bylaw amendment, so it can be done at a meeting at an emergency meeting even adopted in the house rule. And then then then that house rule posted and sent out notified that, hey, the mayor's proclamation and the governor's proclamations are now part of the restrictions. The other way, which requires even less work, is just adopted through a vote. And then the proclamation itself is posted with a notification saying this will be enforced pursuant to whatever the relevant provision of the house rules or governing documents that allows enforcement of county and state law. So all you need to do, basically, is to have proper notice that you're enforcing it and posting it without having to reinvent the wheel and pass a bylaw or amendment or a declaration amendment. Right. And, you know, one of the big issues because of this pandemic is that associations who didn't have their annual meeting prior to March 16 were precluded from having their annual and, you know, some people have found ways to get around it. But is there any language in most governing documents or in the statute that would allow an association to have their annual meeting remotely? Like by Zoom or, you know, one of the teleconferencing programs. The short answer is I've never seen it and probably not even these new kakaako buildings with new declarations and bylaws. Even when they were written two, three years ago, nobody had heard of Zoom and now we all use it every day. So certainly the I think what you're alluding to, Jane, is the Hawaii Revised Statutes for Condos allows meetings in person or in a manner prescribed by the bylaws or declaration. And all so it needs to either be in person or be allowed for in an additional manner in the declaration or bylaws. And no association that I've heard of has provisions which would allow for a meeting by Zoom or other, you know, even telephone for an annual meeting.  And anyway, the speaker contacted me. And you know, one of the things I told him, it says, you know, speaker, we need to amend the condo statute 514 to allow for annual meetings to be held remotely because because of the pandemic, we haven't been able to do it. And so he's going to be introducing a bill and we've got a Senate companion. We got somebody in the Senate to do a companion bill. You know, so so, you know, if we're lucky and we can get, you know, the language in the bill so that they're identical. I mean, we can the bills will cross over in early March. And if they're identical, they can send it right up to the governor. We can have a we can have a law by early March of twenty twenty one. And and you're we're going to be circulating it. And I'm going to make sure that you get it. I mean, so we would love your input on what kind of language we have to put into it. And one of the people who was in on the email where we were talking about this, you know, was concerned that, if, you know, how, when you, when is a when would a condominium association be allowed to do their annual meeting remotely? I mean, because now the pandemic doesn't allow it, we would, you know, a lot of condominiums would use it. But after the pandemic is over, the concern is some boards may be lazy and they'll just do it remotely every year, which is not probably a good thing because you want to be have a an event where all of the owners can at least once a year show up. If they want to. Yeah, this is great news. I think have, I mean, obviously, the law needs to be passed and it is great, the efforts of you and Richard. Just trying to push this through quickly. And if we could have something by spring of next year, that would be amazing for us and for condo associations, because, like you said, there are some workarounds, but it really that's all it is. You're really just putting a bandaid on it here.  Certainly, the travel restrictions are not going away completely anytime soon. So there needs to be a solution. But I think you raise a great concern of not throwing the baby out with the bath water. Yes, a solution is needed for issues. You know, for this issue in particular, when there's a pandemic or or other such issues where an annual meeting would be rendered impracticable and in person annual meeting. But annual meetings have been in person for many years for a reason because they're great for the community and for decision making and for involvement. And so but I think that's a relatively simple solution that I would just include some language where where it would say you know, annual meeting shall be held in person except when rendered impracticable by a situation outside of the control of the association or the board. I know that sounds like Vega, a lawyer speak. But what it does is it still puts the pressure on the association to have these annual meetings in person. But it gives a little out that when there is one of these rare situations that it's something that that me looking at it, I wouldn't advise an association to use that out unless absolutely necessary, right? It would make me nervous. That's a wonderful comment. And like I said, when we finally get a draft from the speaker, we're going to be circulating it to the the attorneys who do condololes. So I'm sure you're going to be one of them. And so we would really appreciate that input and we've run out of time. But thank you so much, Maxwell, for being with us on this show. And I want to thank the viewers for joining us for another episode of Kondo Insider. And please join us next week. Richard Emery will be the host for another episode of Kondo Insider. Thank you, Mahalo. Thank you, Jane.