Wednesday, October 22, 2014

Property manager accused of stealing $180,000 from HOAs

http://www.wsbtv.com/news/news/local/chamblee-man-allegedly-stole-50000-homeowners-asso/nhpD3/?ref=cbTopWidget


"A Chamblee property management company owner is accused of stealing tens of thousands of dollars from homeowner’s associations. 
So far, police in Dunwoody and Chamblee tell Channel 2 Action News reporter Mike Petchenik they’ve filed charges against Michael Sisson, and they say more charges are possible. Darwin Johnson told Petchenik his Midtown condo association hired Sisson a few years ago to manage their property near Piedmont Park."
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There have been so many such incidents around the country that I have  lost count. Industry representatives  invariably say these are "isolated incidents," which would be true if you stretch the meaning  of  "isolated" to include every state where you find a significant number of HOAs and/or condos.

Tuesday, October 21, 2014

Sarah Jessica angers homeowners association - Yahoo Maktoob News

Sarah Jessica angers homeowners association - Yahoo Maktoob News: Parker returned to the building earlier this month to stage a photoshoot for her footwear brand, placing the shoes on the steps and posting pictures of them on her Instagram.com page.

However, the stunt has infuriated the local homeowners association, who claim the actress failed to obtain proper permission to gain access to the steps, reports contactmusic.com.

Gerald Banu, president of the Perry Street Association, said: "I heard about the shoot. They didn't get the permission from the owner. The situation with 'SATC' visitors is still very intense.

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Sex, shoes and the HOA. Maybe this will lead to a Hollywood production. Been a while since the Falls at Arcadia X-Files episode.

Monday, October 20, 2014

Veteran not backing down after homeowners association says his flag pole must go | Fox 59

Veteran not backing down after homeowners association says his flag pole must go | Fox 59: “We do not tell anyone they cannot fly a flag. What we are having a problem with is the flag pole. Flag poles are not allowed in this association,” said Kaye Eckert, president of the Fieldstone HOA board.

Eckert said the association has tried to compromise.

In September, they sent a letter saying the couple could keep the flag pole, if they paid a $500 fine to cover legal costs. Bob Willits would not budge.

“That flag is very personal to me,” said Willits, “That means a lot to me.”


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More bad press for Privatopia, Indiana secktor. Film at 10 on Fox 59, Indianapolis.

HOA troubles? Legislators want to hear them : News : CarolinaLive.com

HOA troubles? Legislators want to hear them : News : CarolinaLive.com: Have any concerns, questions or issues with your homeowners' association?

The Horry County Legislative Delegation will host a public hearing on homeowners' association issues on Wednesday, Oct. 29, at 7 p.m. in Horry Georgetown Technical College's Burroughs and Chapin Auditorium.

Connie Turner, administrative assistant for the delegation, said the format will be question and answer.

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Trouble in Privatopia, South Carolina sector? The Legislature wants to know.

Saturday, October 18, 2014

Pay to Prey: Report on privatization

http://www.prwatch.org/news/2014/10/12620/pay-to-prey-governors-facilitate-the-predatory-outsourcing-of-americas-public-services

This is a report on the way Republican governors  have allowed corporations to profit from privatization deals at the expense of the public and the people who are supposed to be receiving the services.  Some of the stories are pretty lurid.  From  the report:

"Outsourcing of public services is a big business. Some experts estimate that $1 trillion out of the $6 trillion the federal government, together with state and local governments, spend annually are handed over to private contractors. In 2010, an electoral landslide ushered in a new breed of governors. Aided and abetted by corporate-funded legislative and lobbying groups, such as the American Legislative Exchange Counsel (ALEC), these governors pushed the envelope of outsourcing and privatization, selling public services to for-profit firms with their powerful political lobbies and related campaign contributions. In this process, transparency and accountability are lost and the public loses its ability to influence decision makers through normal democratic channels. Shared prosperity also suffers when good middle class jobs are lost to low-road, low-wage employers. In states across the country, schools, health care, prisons, prison food, water services, road services, state liquor sales, state economic development authorities, legal services, and even child support services were outsourced to private, for-profit companies. While the governors spoke of tight budgets and cost savings, a pattern emerged of influential corporate lobbyists and deep-pocketed campaign contributors In this effort to shrink government and sell off the prosperous parts to private interests, the winners are large corporations with a phalanx of lobbyists and campaign coffers big enough to buy political influence. All too often, taxpayers find themselves on the losing side."

Friday, October 17, 2014

The Making of Ferguson, MO

http://www.epi.org/publication/making-ferguson/


"In August 2014, a Ferguson, Missouri, policeman shot and killed an unarmed black teenager. Michael Brown’s death and the resulting protests and racial tension brought considerable attention to that town. Observers who had not been looking closely at our evolving demographic patterns were surprised to see ghetto conditions we had come to associate with inner cities now duplicated in a formerly white suburban community: racially segregated neighborhoods with high poverty and unemployment, poor student achievement in overwhelmingly black schools, oppressive policing, abandoned homes, and community powerlessness."

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This is a detailed and balanced account of how Ferguson became what it is today. Public  policies, real estate industry practices, and other institutional factors contributed to the situation.  My colleague Dennis Judd's article about segregative practices  is cited. 

Thursday, October 16, 2014

SFR Investments v. US Bank

The Nevada Supreme court has ruled that:

"NRS 116.3116 gives a homeowners' association (HOA) a 
superpriority lien on an individual homeowner's property for up to nine 
months of unpaid HOA dues. With limited exceptions, this lien is "prior to 
all other liens and encumbrances" on the homeowner's property, even a 
first deed of trust recorded before the dues became delinquent. NRS 
116.3116(2). We must decide whether this is a true priority lien such that 
its foreclosure extinguishes a first deed of trust on the property and, if so, 
whether it can be foreclosed nonjudicially. We answer both questions in 
the affirmative and therefore reverse."

The result is that an investment company bought a house for peanuts at an HOA foreclosure sale, and the sale wiped out the first mortgage on a house worth hundreds of thousands of dollars.  Wow.  I have placed the full opinion on mckenzie-law.wikispaces.com for anybody to download.