Greek Orthodox church aims to block Jerusalem
- Oct 10, 2018
- by Mark H. Whitmore
AMMAN, Jordan (AP) — The Greek Orthodox patriarch within the Holy Land introduced Saturday that his church will attraction an Israeli court selection that authorized the sale of top church property to corporations representing Jews searching for to make bigger their presence in Jerusalem’s Old City.
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The church had challenged the assets deal in court for the past decade, arguing it turned
into performed illegally by means of the due to the fact that-deposed preceding patriarch and become therefore invalid.
The Jerusalem District Court upheld the deal weeks in the past, paving the way for three big properties near the Old City’s Jaffa Gate to be leased for 99 years to Ateret Cohanim, a collection that has been buying houses for Jews in historically Arab regions of Jerusalem.
Patriarch Theophilos III alleged Saturday that the lower court ruling turned into “politically prompted” and said the church could appeal to Israel’s Supreme Court.
The church will do “the whole thing within its energy so that this unjust ruling might be overturned,” he said at an information convention inside the Jordanian capital of Amman.
The Petra Hotel within the Old City of Jerusalem. (CC-BY-SA: Ranbir/Wikimedia)
The Petra Hotel in the Old City of Jerusalem. (CC-BY-SA: Ranbir/Wikimedia)
Theophilus leads a predominantly Arab flock of 220,000 Christians in Jordan, Israel, the West Bank and Gaza Strip.
The Greek Orthodox church is certainly one of the largest property owners within the Holy Land, which include in Jerusalem’s Old City, one of the most sensitive areas of the Israeli-Palestinian warfare.
The Old City turned into captured by using Israel within the 1967 Six Day struggle, in conjunction with the relaxation of East Jerusalem, the West Bank, and Gaza Strip. The Palestinians want to set up a country in those areas, with East Jerusalem as a capital.
Israel’s modern-day government rejects any partition of Jerusalem as a part of a likely peace deal. Since 1967, a few two hundred,000 Jews have moved to East Jerusalem neighborhoods built for them via successive Israeli governments, making partition an increasing number of hard. In addition, right-wing Jewish businesses have sold homes in Arab neighborhoods.
The patriarch additionally expressed challenge approximately what he said to become an effort by means of some individuals of Israel’s parliament to restrict the rights of his church and different Christian denominations inside the Holy Land to deal independently with their actual property holdings.
He advised the heads of churches to discover a joint reaction to “this alarming and critical development” that he stated will have an effect on Christians within the place and around the world.
“We can’t strain too tremendously the acute seriousness of the situation,” Jerusalem Theophilus said. He called on global leaders to intervene Orthodox church
In latest months there had been several reports of the Church selling multi-million greenback parcels of land in west Jerusalem, Jaffa and the historical Roman-generation port of Cesaria.
In recent years, there had been growing tensions among the predominantly Greek church management and the Arab flock, which include the management of the widespread assets holdings and land leases to Israel. The Church is the second one largest landholder in Israel.
Critics have repeatedly demanded that the church provides information about its holdings.
On Saturday, church officials declined to reply whilst requested about the holdings.
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“Fiduciary” is basically defined by Black’s Law Dictionary as a term derived from Roman law which means, as a noun, a person or legal entity, holding the character of a trustee, with respect to the trust and confidence involved as scrupulous good-faith and candor towards another’s affairs. A fiduciary also has duties which are described as involving good-faith, trust, special confidence, and candor toward another’s interests. Typical fiduciary duties are imposed on and include such relationships as executor, administrator, trustee, real estate agents, attorneys, and, of course, property managers. A person or company who manages money or property, i.e., the manager, for other people must exercise a standard of care in that the interests of the money or property owners are placed above and beyond those of the property manager. In some states, like California for example, a property manager is statutorily defined as an individual or entity which has the same duties as a trustee, i.e., a fiduciary.
The way I always explain it to clients, using my hands to demonstrate, is that my interests end at the top of my head (one hand at the crown of my head), but the client’s interest rise above and beyond my head and take precedent over my own (holding both of my hands above my head in a clasped position). Most people understand the gesture and comprehend that as a property manager and a lawyer my interests are much lower than those of the clients in our relationship.
Common Fiduciary Duties Owed by Property Managers
Since a property manager is a fiduciary they must act with the highest good-faith and fair dealing with respect to the owner’s asset, disclose all material information that may affect the owners decision-making with respect to that asset, and can’t in any way, shape or form act adversely to the owner’s interests. This may sound easy, but there are situations that arise that tempt even the best property managers to sometimes not act in their client’s best interests to suit their own self-interested convenience. Unfortunate as that may sound it happens regularly.
The following is a short list of some common sense duties,
rights, and wrongs when a fiduciary relationship exists between a manager and an owner.
A manager should have a written agreement with their clients and may even be legally entitled to profit from services for which they provide to the owner, however, a manager may not secretly profit from this relationship. For example, a manager may charge an eight percent markup on materials and services provided by vendors to the owner’s property. This is legal and acceptable provided that the agreement between the parties is in concert with the markup. If this markup was not in the agreement then the law requires a property manager to disgorge or relinquish any and all secret profits derived from the relationship. There are so many possible examples of this, but a common one is a manager making a percentage profit on work and services provided to their clients but not disclosed; like a new roof, bathroom remodels, repairs to interior walls, etc.
A property manager is required to disclose any and all rental offers received along with documentation of those offers such that the property owner is well informed about all potential tenants. It is easy for a manager to fail to provide names of potential tenants that don’t necessarily qualify or are poor credit risks as this would involve more work for the manager.
A property manager is statutorily required to act for the sole benefit of the asset owner in matters that evolve from the relationship, whether or not those matters are seemingly insignificant or they are significantly material.
Information about a tenant who falls behind on their rent must be immediately communicated to the asset owner. If your management company is using a software system that allows an “Owner Portal” then this information is readily available to see and anytime one has access to the internet.
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