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The HOA Fined You 19 Times for Your Work Truck… Not Knowing You Hold the Tax Lien on His House — Transcript

by POV Wealth · 3,359 words · 499 segments · language en · Watch on YouTube

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  1. 0:00At 7:42 on a Tuesday morning, a
  2. 0:02certified envelope lands on the porch of
  3. 0:04the president of the Heron Bend
  4. 0:06Homeowners Association. A county notice
  5. 0:09that the $7,412
  6. 0:11tax bill on his house went unpaid, was
  7. 0:14sold to an investor, and is now on a
  8. 0:16clock. The investor is you. The man he
  9. 0:19fined 19 times for parking a work truck
  10. 0:22in your own driveway.
  11. 0:24$1,710
  12. 0:26in all, and you paid all 19 on time.
  13. 0:309 days from now, you'll sit across a
  14. 0:31plain table from him, and he won't be
  15. 0:34laughing.
  16. 0:35Keep watching, and you'll hear the three
  17. 0:37terms you set, and who gets the first
  18. 0:39check. To understand why you paid 19
  19. 0:42fines without a word, go back 6 years to
  20. 0:45the spring you were 38. You bought a
  21. 0:47$231,000
  22. 0:49house on a cul-de-sac in Florida.
  23. 0:52You had just come out of a divorce, and
  24. 0:53you wanted three things: a driveway, a
  25. 0:56quiet street, and room for a tile saw.
  26. 0:59Heron Bend had all three. 318 homes
  27. 1:03behind a gate with a clubhouse, two
  28. 1:05pools, and a rule book as thick as a
  29. 1:07phone book. You're one of about 78
  30. 1:10million Americans who live under a
  31. 1:12community association, according to the
  32. 1:14Foundation for Community Association
  33. 1:16Research's latest count. And for 4
  34. 1:18years, the rule book never cost you a
  35. 1:20dime. Then, in January of last year, the
  36. 1:24board rewrote a single sentence.
  37. 1:26Commercial vehicle used to mean a box
  38. 1:29truck or a van with a company name on
  39. 1:31it. Now it meant any vehicle with
  40. 1:33visible lettering, racks, or equipment.
  41. 1:36Your white pickup has a tile saw rack
  42. 1:38and a faded business name on both doors.
  43. 1:41The first fine came in February, $90. By
  44. 1:44last month, there had been 19, and you
  45. 1:47paid each one within the week, in
  46. 1:49person, at the management office, and
  47. 1:51each time you asked for a receipt. Last
  48. 1:54month, on a Thursday at 7:00, the board
  49. 1:56met in the clubhouse with fine number 19
  50. 1:59on the agenda. About 40 neighbors sat in
  51. 2:01folding chairs and a phone on a tripod
  52. 2:04in the back row filmed it for the
  53. 2:05community page. You came straight from a
  54. 2:08job in your overalls with the red
  55. 2:10bandana knotted at your neck with a
  56. 2:11green accordion folder under your arm.
  57. 2:14The president, Tilden Roark, wore a
  58. 2:16salmon pink polo and a white visor with
  59. 2:19a gold watch and a clipboard. He read
  60. 2:21the item aloud. Lot 41, commercial
  61. 2:24vehicle, 19th violation. Then he looked
  62. 2:28up and found you.
  63. 2:29"Some of us bought into a community," he
  64. 2:32said. "Some of us bought into a work
  65. 2:34yard." A woman in a lavender vest,
  66. 2:37Lenora Quist, covered her mouth. Beside
  67. 2:40her, a man in a straw hat, Orson Wix,
  68. 2:43laughed out loud and the room joined
  69. 2:45him. Somewhere behind you, a phone went
  70. 2:47up. You stood. You walked to the front
  71. 2:50table, wrote a check for $90 and set it
  72. 2:53in front of the treasurer. "I'd like a
  73. 2:55receipt, please," you said. "A receipt,"
  74. 2:58Roark told the room. "He wants a
  75. 2:59receipt." The laugh came back, bigger.
  76. 3:03The treasurer wrote it out by hand and
  77. 3:05slid it across the table, and you folded
  78. 3:07it into the green folder behind the 18
  79. 3:09before it. You said nothing else. You
  80. 3:12walked back to your chair with 40 people
  81. 3:14watching your face, and your face didn't
  82. 3:16move.
  83. 3:17Afterward, while the neighbors stacked
  84. 3:19chairs, a woman crossed the room toward
  85. 3:21you with a toddler on her hip. She had
  86. 3:24curly auburn hair and hospital scrubs,
  87. 3:26and she lived three doors down. Tavia
  88. 3:28Moreau worked nights as an aid at the
  89. 3:30county hospital, and the board had fined
  90. 3:32her three times for her 10-year-old's
  91. 3:34portable basketball hoop. $270
  92. 3:38from a paycheck that already ran short.
  93. 3:41Her daughter, Juno, hid her face in the
  94. 3:43scrubs. Tavia said five words.
  95. 3:46"Thank you for not yelling." Then she
  96. 3:48went out into the parking lot. You
  97. 3:50didn't feel brave. You felt the folder
  98. 3:53heavy under your arm.
  99. 3:55That night you sat at your kitchen table
  100. 3:57and did something you had never done.
  101. 3:59You counted 19 receipts in order. Eight
  102. 4:03had a notice letter stapled behind them
  103. 4:05with a hearing date. 11 had nothing
  104. 4:08behind them at all, just a demand and a
  105. 4:10due date. That matters because of what
  106. 4:12Florida requires. Before an association
  107. 4:15can fine you, it has to give you 14 days
  108. 4:18written notice and a chance at a hearing
  109. 4:20in front of a committee of at least
  110. 4:21three people who aren't on the board and
  111. 4:24aren't related to anyone on it. The fine
  112. 4:26is capped at $100 per violation unless
  113. 4:29the declaration says otherwise, and
  114. 4:31Heron Benz says nothing. So, the board
  115. 4:34schedule of $90 a fine stands. And a
  116. 4:37fine under $1,000 can't be turned into a
  117. 4:40lien. These are Florida's rules, and
  118. 4:42every state writes its own, so check
  119. 4:44yours. 11 times nobody had followed
  120. 4:47them, and you had paid anyway because
  121. 4:50the person who taught you to keep paper
  122. 4:52had taught you something else first. You
  123. 4:54learned it at 39 when you tiled the
  124. 4:56bathroom of the man next door. Lucian
  125. 4:58Rudd is 74 now with a bow tie every day
  126. 5:02and a cane he swings like a pointer, and
  127. 5:04he spent 31 years as the county's chief
  128. 5:07tax clerk. He paid you in lessons, and
  129. 5:10the first thing he handed you was a
  130. 5:12green accordion folder rubber banded
  131. 5:14shut, the kind he'd kept every county
  132. 5:16bill in. "A person who pays on time and
  133. 5:19keeps the paper can't be argued with,"
  134. 5:21he said. Then he taught you what the
  135. 5:23county doesn't advertise. When an owner
  136. 5:26in Florida doesn't pay the property tax,
  137. 5:28the county doesn't take the house. Each
  138. 5:31June it sells the unpaid bill, a tax
  139. 5:33certificate, to an investor at an online
  140. 5:36auction. The investor pays the county
  141. 5:38the tax that day, and the owner now owes
  142. 5:41the investor with interest. The bidding
  143. 5:43opens at 18%. Bidders bid it down, and
  144. 5:47the lowest rate wins. When the owner
  145. 5:49pays it back, the law sets a floor, at
  146. 5:52least 5% of the face amount, even if the
  147. 5:54bid was lower. If nobody pays it back
  148. 5:57for 2 years, the holder can apply for a
  149. 5:59tax deed. That doesn't hand the investor
  150. 6:02the house. It sends the house to a
  151. 6:04public auction and the owner can pay up
  152. 6:06to the day of the sale. The certificate
  153. 6:08dies after 7 years. The county always
  154. 6:11gets paid first, Mr. Rudd said. The
  155. 6:14investor gets paid when the owner does
  156. 6:16or when a judge says so. At 39, you
  157. 6:19bought your first $1,330
  158. 6:22on a house two streets over. It was
  159. 6:24redeemed in 4 months and it paid you
  160. 6:27$67.
  161. 6:28By 41, you owned six small ones, none
  162. 6:31over $2,200,
  163. 6:34all redeemed, $541 in all, the 5% floor
  164. 6:38every time. At your size, the floor is
  165. 6:41the whole business, he said. Boring is
  166. 6:44the point. At 41, the boring stopped.
  167. 6:47You bought a $3,140
  168. 6:50certificate on a duplex and 4 months in,
  169. 6:53the owner filed for Chapter 13
  170. 6:55bankruptcy and everything froze. You
  171. 6:57paid a lawyer $1,690
  172. 7:00to file your claim. Three years later,
  173. 7:02the court's plan paid back the $3,140
  174. 7:06plus $54 in interest. You lost $1,636
  175. 7:12and 3 years of waiting. I once paid for
  176. 7:15a lesson I could have read for free and
  177. 7:17I've never been sorry about the receipt.
  178. 7:19Never put in more than you can wait 5
  179. 7:21years to get back, Mr. Rudd said. And
  180. 7:24don't ever buy one because of the name
  181. 7:25on it. At 42, on the 1st of June, you
  182. 7:29sat at the county's online sale while
  183. 7:31600 certificates scrolled past. You
  184. 7:34weren't looking for anything.
  185. 7:35Then, you saw an address you drive past
  186. 7:38every day, a $442,000
  187. 7:41house on Spoonbill Court. It has a pool
  188. 7:43cage and a flagpole.
  189. 7:45$7,412
  190. 7:48unpaid.
  191. 7:49The owner was Tilden Roark. He had paid
  192. 7:51off his mortgage the spring before,
  193. 7:53which ended the escrow account that had
  194. 7:55been paying his tax for him, and the
  195. 7:57first bill had come straight to his
  196. 7:58house where he treated it like junk
  197. 8:00mail.
  198. 8:01It was the biggest certificate you had
  199. 8:03ever looked at. The bidding had stopped
  200. 8:05at 2.25%,
  201. 8:07which isn't generous, and it was a
  202. 8:09neighbor, and you almost closed the
  203. 8:11laptop. You walked next door instead.
  204. 8:14Mr. Rudd read the screen over the top of
  205. 8:16his glasses.
  206. 8:17"Would you bid on this if it were a
  207. 8:19stranger's house?" he asked. "Yes."
  208. 8:22"Then it's a loan. If you'd only buy it
  209. 8:24because it's his, it's a grudge, and a
  210. 8:26grudge makes bad collateral."
  211. 8:29You bid, nobody underbid you, and you
  212. 8:31paid the county $7,412.
  213. 8:35You told one person, Annika, who knows
  214. 8:37everything about you, and you never said
  215. 8:39a word to him.
  216. 8:40In January of the next year, he rewrote
  217. 8:43the vehicle rule.
  218. 8:44Now, back to the porch.
  219. 8:46At 7:42, Roark picks up the envelope.
  220. 8:49It's the clerk's notice of an
  221. 8:50application for a tax deed. You filed
  222. 8:53that application in April on the first
  223. 8:55day the certificate allowed it, and the
  224. 8:57county took 6 months to send the paper.
  225. 9:00The sale is set for 35 days from now.
  226. 9:03You never meant to bid on his house at
  227. 9:04the auction. If he doesn't pay, a
  228. 9:06stranger buys his house at auction, and
  229. 9:08your $7,412
  230. 9:11comes back with interest. If he does
  231. 9:13pay, you get the same thing, sooner.
  232. 9:16Either way, the house was never the
  233. 9:18point.
  234. 9:19At 9:10, an email lands in every board
  235. 9:21member's inbox from the association's
  236. 9:23attorney, a woman named Philippa Sutter.
  237. 9:26The subject line says, "Fine procedure,
  238. 9:28urgent." You mailed her a copy of the
  239. 9:31folder 3 weeks ago, 2 days after you
  240. 9:33counted. You didn't plan for the two to
  241. 9:35arrive on the same morning, the county
  242. 9:37did. Roark will never believe that.
  243. 9:40By 11:00, he's standing at the tax
  244. 9:42collector's counter. A clerk named Miss
  245. 9:44Hardigan slides a printout across and
  246. 9:46tells him what the law lets her tell
  247. 9:48him. A certificate holder's name is
  248. 9:50public record. He reads her name and
  249. 9:53stays silent for a long while.
  250. 9:55Wednesday at 7:00 in the morning, he
  251. 9:58rings your bell with a box of pastries.
  252. 10:00He has the visor on. "Neighbor," he
  253. 10:02says, "I think we got off on the wrong
  254. 10:05foot." He says the board has been
  255. 10:07reviewing the truck rule and a man like
  256. 10:09you, a hardworking man, might qualify
  257. 10:12for a legacy exemption, the kind that's
  258. 10:14never written down. You say you'd like
  259. 10:16to get dressed for work. He leaves the
  260. 10:18pastries on the rail.
  261. 10:20Thursday at dawn, there's a yellow
  262. 10:22notice under your windshield wiper,
  263. 10:24violation number 20, and a letter from
  264. 10:27the board in your mailbox. It says,
  265. 10:29"Continued noncompliance may result in
  266. 10:31all available remedies, up to and
  267. 10:34including a lien against the property."
  268. 10:37You carry it next door. Mr. Rudd reads
  269. 10:39it twice, then taps the second line with
  270. 10:41his cane. "A fine under a thousand
  271. 10:44dollars can't attach to your home as a
  272. 10:46lien," he says. "The only thing a
  273. 10:48Florida association can foreclose on is
  274. 10:50unpaid assessments, and you've never
  275. 10:52missed a dues payment in six years."
  276. 10:55He's reading you a threat from a book he
  277. 10:56hasn't opened.
  278. 10:58Friday, Roark is back on your porch. No
  279. 11:01pastries, no visor. "Thirty-two thousand
  280. 11:04dollars," he says, "for the folder,
  281. 11:07every copy and a signed release, a
  282. 11:09mutual one. Nobody has to know
  283. 11:11anything."
  284. 11:12You look at the number a long time. It's
  285. 11:15more than you've ever been offered to do
  286. 11:17nothing.
  287. 11:18"No," you say. "The lawyers picked a
  288. 11:20room for next Thursday. I'll see you
  289. 11:22there."
  290. 11:23That afternoon, he pays the county
  291. 11:25everything the law requires, the tax,
  292. 11:28the interest, and the fees, and by
  293. 11:30Monday, your check arrives. Seven
  294. 11:32thousand four hundred twelve dollars
  295. 11:34back and $403 in interest for 29 months
  296. 11:38of being a lender. That's what the loan
  297. 11:40paid. It's taxed as ordinary interest,
  298. 11:42so it's smaller than it looks.
  299. 11:45The certificate is finished. The folder
  300. 11:47isn't.
  301. 11:49That weekend, Annika lays the 19
  302. 11:51receipts across the table with a copy of
  303. 11:53the board's August minutes beside them.
  304. 11:56Item six says, "The board notes that
  305. 11:58every citation to lot 41 was resolved
  306. 12:01without dispute."
  307. 12:02"He used you," she says. "He's been
  308. 12:05reading that line aloud to anyone who
  309. 12:06argues. 19 fines, zero disputes. And in
  310. 12:10the weeks after it went in the minutes,
  311. 12:12he fined Tavia Moreau three times, $270,
  312. 12:16and a retired man two streets over
  313. 12:18twice, 180, for his boat. Both of them
  314. 12:21paid. They told the office they'd heard
  315. 12:23even the truck guy pays."
  316. 12:25You say nothing. "You paid his fines,"
  317. 12:28she says, "and then you let her pay
  318. 12:30hers."
  319. 12:32It costs you, and it costs them.
  320. 12:34Philippa Sutter tells you so on the
  321. 12:36phone on Monday with no softness in it.
  322. 12:39The 19 fines you paid are probably gone,
  323. 12:41$1,710,
  324. 12:44because money paid voluntarily is hard
  325. 12:46to get back, and nobody would sue over a
  326. 12:48number that small. Tavia's $270 and the
  327. 12:52boat owner's $180 could be won back, but
  328. 12:55only if they fight, and neither of them
  329. 12:57knows they can. So, $450 of other
  330. 13:01people's money is out there, tied to
  331. 13:03your silence, and you can't hand it back
  332. 13:05yourself.
  333. 13:06You sit with that for a day.
  334. 13:08Then, you decide what the folder is for.
  335. 13:10Thursday, 10:00, a conference room on
  336. 13:13the second floor of a plain office
  337. 13:15building with a long laminate table and
  338. 13:17a pitcher of water nobody touches.
  339. 13:20Roark sits at one end with no visor.
  340. 13:23Lenora Quist and Orson Wix sit beside
  341. 13:25him, and Philippa Sutter sits at the
  342. 13:28head with a legal pad. You sit alone on
  343. 13:30the other side with the green folder in
  344. 13:32front of you.
  345. 13:33Sutter goes first. "I've reviewed the
  346. 13:36folder," she says. "Here is my advice to
  347. 13:38the board. 11 of the 19 fines to lot 41
  348. 13:42skipped the notice and hearing. Section
  349. 13:45720.305
  350. 13:47requires both.
  351. 13:48The other eight were heard by a
  352. 13:50committee of three directors, which the
  353. 13:52statute doesn't allow.
  354. 13:54Counting the association's own records,
  355. 13:5652 of its 74 fines since January of last
  356. 14:00year have the same defect. That's $4,680
  357. 14:04the association owes. And if any of
  358. 14:06those owners sue and win, the
  359. 14:08association pays their legal fees, too.
  360. 14:11We find them for real violations," Roark
  361. 14:14says. "The violations aren't in
  362. 14:16question," Sutter says. "The procedure
  363. 14:18is." Roark turns to you. "So, what is
  364. 14:21this? A shakedown? Is this where you
  365. 14:23tell me about the certificate?" "The
  366. 14:25certificate's paid," you say. "You
  367. 14:27settled it Friday, and I got my money
  368. 14:29back plus $403.
  369. 14:32I couldn't have foreclosed on anything,
  370. 14:33and I never wanted your house. I'm here
  371. 14:36about the folder. Three terms, and none
  372. 14:39of them is for me." You open it to the
  373. 14:41first page. "First, every fine since
  374. 14:44last January that skipped notice or
  375. 14:46hearing is refunded. It goes to whoever
  376. 14:49paid it. That's 52 fines, $4,680.
  377. 14:5419 of them are mine, and I'm donating my
  378. 14:56$1,710
  379. 14:58to the fund in the second term. Second,
  380. 15:01a hardship fund. $29,000 from the
  381. 15:04operating surplus the fines have been
  382. 15:06padding. Open to anyone the association
  383. 15:08has fined or who's been hit by a medical
  384. 15:11bill. Fines capped in the bylaws, notice
  385. 15:14and hearing in writing before a
  386. 15:15committee of neighbors who aren't on the
  387. 15:17board. And the truck rule goes back to
  388. 15:19what it said before January. Then goes
  389. 15:22to a vote of all 318 households. Third,
  390. 15:26you step down as president and the
  391. 15:27neighbors elect a new board in November.
  392. 15:30Nobody moves.
  393. 15:32Roark gives a short laugh, the same
  394. 15:34laugh from the clubhouse. "You want me
  395. 15:36to resign over a parking rule? Over 19
  396. 15:39of mine and 33 more of everyone else's?
  397. 15:43Do you know how long I've served this
  398. 15:44community?" he says. "11 years. I wrote
  399. 15:48half that rulebook. Do you know how many
  400. 15:51owners in 11 years asked me for a
  401. 15:53hearing? Not one. Nobody reads these
  402. 15:56papers. That's the whole point of them."
  403. 15:58Wicks puts his straw hat down on the
  404. 16:00table. Quist looks at the pitcher.
  405. 16:03Sutter writes something on her pad and
  406. 16:04it takes her a few seconds. "Tilden."
  407. 16:07Quist says quietly. "I ran those votes.
  408. 16:10Three of us, all on the board, around
  409. 16:12your kitchen table every time. I'm not
  410. 16:15going to say we didn't." "Lenora." "I'm
  411. 16:17not going to say it." She keeps her eyes
  412. 16:19on the pitcher. Wicks sets his hat on
  413. 16:22his knee. "I move we accept the terms."
  414. 16:24he says. Quist says, "Second." Roark
  415. 16:28looks down the table at Sutter. "Then I
  416. 16:30fight it." he says. "You're welcome to."
  417. 16:33Sutter says. "I'll remind you that I
  418. 16:35represent the association, not you. And
  419. 16:38that in a fine dispute, the loser pays
  420. 16:40everyone's legal fees." He stares at the
  421. 16:43table for a while. Then he signs the
  422. 16:45page she slides over, a letter of
  423. 16:48resignation, and puts the pen down very
  424. 16:50carefully. You don't smile. You don't
  425. 16:53say anything. On the way out, Quist
  426. 16:55stops beside you. "I should have asked
  427. 16:58for the paper years ago." she says. You
  428. 17:00nod once and she leaves it there. The 52
  429. 17:03refund checks go out the next Friday,
  430. 17:06each with a letter. Tavia's is $270.
  431. 17:10The boat owner's is $180.
  432. 17:13The vehicle rule goes to a vote and 261
  433. 17:16of the 318 households return a ballot.
  434. 17:19It passes almost unanimously. In
  435. 17:22November, the neighbors elect a new
  436. 17:24board and nobody on it is related to
  437. 17:26anybody else. The hardship fund meets
  438. 17:29for the first time on a Tuesday night.
  439. 17:31Three neighbors at a folding table in
  440. 17:32the clubhouse with a coffee urn. The
  441. 17:35first application is Tavia's. She's
  442. 17:37asked for help with daycare. Juno is
  443. 17:39two. Her hospital shifts start at 7:00
  444. 17:41at night and the center near the
  445. 17:43hospital charges $660 a month. The
  446. 17:46committee approves it in 9 minutes.
  447. 17:49$7,920
  448. 17:51paid directly to the daycare for a year.
  449. 17:54You aren't on the committee and you
  450. 17:55aren't in the room. She finds out who
  451. 17:57started it from Mr. Rudd who has never
  452. 17:59learned to keep a secret that makes
  453. 18:01someone proud. She doesn't come to your
  454. 18:03door. She leaves a drawing on your
  455. 18:05windshield under the wiper in crayon.
  456. 18:08It's a truck. You do something small for
  457. 18:10the man next door. For 6 years he has
  458. 18:13climbed his front steps with his cane.
  459. 18:15One hand on the rail because the old
  460. 18:17tile is cracked and slick in the rain.
  461. 18:19On a Saturday, you pull it up and set it
  462. 18:21again with a non-slip finish and you
  463. 18:23charge him nothing. He sits in a lawn
  464. 18:26chair in his bow tie. He tells you where
  465. 18:28you missed a grout line. You didn't miss
  466. 18:30one. The five rules, the way he'd file
  467. 18:33them. One, keep the paper because a
  468. 18:36receipt is a witness that never forgets
  469. 18:38and can't be talked over. Two, read the
  470. 18:40statute before the rule book since a
  471. 18:43rule book can't outrank the law. Three,
  472. 18:45know what you're buying. A tax
  473. 18:47certificate is a loan with a 7-year
  474. 18:49fuse. So, never put in more than you can
  475. 18:51wait 5 years to get back. Four, buy it
  476. 18:54because the paper is good, not because
  477. 18:57the name is. And five, when you finally
  478. 19:00speak, ask for terms for the whole
  479. 19:02street, not just for yourself.
  480. 19:05The first Monday in December, you park
  481. 19:07your white pickup by the clubhouse for a
  482. 19:09job on the pool deck. It has the tile
  483. 19:11saw rack on bed and the faded business
  484. 19:13name on both doors. When you come out at
  485. 19:16noon, the windshield is clean.
  486. 19:18A fine is a bill and a receipt is a
  487. 19:21witness.
  488. 19:23This story is fiction. The numbers are
  489. 19:25realistic and none of it is financial or
  490. 19:27legal advice.
  491. 19:29None of this needed an audience to work
  492. 19:31and the next one won't either.
  493. 19:33If you want the next story, hit
  494. 19:34subscribe. It costs nothing and unlike a
  495. 19:37fine, you can leave without a hearing.
  496. 19:40Would you have paid the fines or fought
  497. 19:42them?
  498. 19:43Put your answer in the comments. I read
  499. 19:45everyone. I'll be here either way.

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This page contains the full transcript of The HOA Fined You 19 Times for Your Work Truck… Not Knowing You Hold the Tax Lien on His House by POV Wealth, generated from the public captions YouTube serves with the video. The transcript has 3,359 words across 499 segments, with the original timestamps preserved so you can click any line to jump to that moment in the embedded player.

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