Friday, June 17, 2011
Judge finds Maryland HOA cannot fine rulebreaker
The Orchards’ declaration of covenants does not give the HOA the right to impose fines, so it does not have that power, McGann wrote April 8. Amending its declaration with a bylaw did not give The Orchards the power to impose fines, he stated.
A smaller percentage of homeowners must approve a bylaw than a change to a declaration, giving bylaws less power than declarations and articles, Schild said. To change a declaration, a homeowners association must gather the approval of at least 75 percent of residents, he said, while a bylaw does not need even a majority vote.
“The power to fine is punitive and inherently comes from a state, or a city, or a municipality and it is done originally in the areas of criminal offenses,” he said during a March 29 hearing. “That is where the state has the ability to fine people.”
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A Maryland judge apparently sees police powers reserved for public (constitutional) local government and not Privatopia.
A smaller percentage of homeowners must approve a bylaw than a change to a declaration, giving bylaws less power than declarations and articles, Schild said. To change a declaration, a homeowners association must gather the approval of at least 75 percent of residents, he said, while a bylaw does not need even a majority vote.
“The power to fine is punitive and inherently comes from a state, or a city, or a municipality and it is done originally in the areas of criminal offenses,” he said during a March 29 hearing. “That is where the state has the ability to fine people.”
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A Maryland judge apparently sees police powers reserved for public (constitutional) local government and not Privatopia.
Wednesday, June 15, 2011
Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations - VEGAS INC
Judge rules Righthaven lacks standing to sue, threatens sanctions over misrepresentations - VEGAS INC
"A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn't have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven."
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Not only that--the judge is allowing the website (Democratic Underground) that was sued by Righthaven to continue its own suit against Stephens Media, LLC, owner of the Las Vegas Review-Journal. And Righthaven has to show cause why it shouldn't be sanctioned for "flagrant misrepresentation to the court."
If you don't know the story, the LVRJ authorized Righthaven to sue bloggers and other web sites that reproduced LVRJ stories from their online edition. This was an unjustified and, I think, ultimately a self-destructive thing to do. And now the judge is dropping the Hammer of Thor on both Righthaven and the company that owns the LVRJ. I think that's what they call "karma."
"A federal judge in Las Vegas today issued a potentially devastating ruling against copyright enforcer Righthaven LLC, finding it doesn't have standing to sue over Las Vegas Review-Journal stories, that it has misled the court and threatening to impose sanctions against Righthaven."
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Not only that--the judge is allowing the website (Democratic Underground) that was sued by Righthaven to continue its own suit against Stephens Media, LLC, owner of the Las Vegas Review-Journal. And Righthaven has to show cause why it shouldn't be sanctioned for "flagrant misrepresentation to the court."
If you don't know the story, the LVRJ authorized Righthaven to sue bloggers and other web sites that reproduced LVRJ stories from their online edition. This was an unjustified and, I think, ultimately a self-destructive thing to do. And now the judge is dropping the Hammer of Thor on both Righthaven and the company that owns the LVRJ. I think that's what they call "karma."
California to suffer housing shift, UCLA forecasters say
UCLA forecasters have seen the future of California's housing market, and it looks like this: more apartments near the coast, fewer McMansions in the desert.
That prediction is based on several factors, including expectations that rising fuel prices will encourage people to live closer to jobs along the Southland coast and in the San Francisco Bay Area.
The state's population is also skewing younger, meaning there will be more demand for urban rental units and less demand for suburban cul-de-sacs, according to the quarterly economic forecast released Wednesday by UCLA's Anderson School of Business.
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That also means less market demand for inland detached unit PUD-style CIDs. Wither Privatopia?
That prediction is based on several factors, including expectations that rising fuel prices will encourage people to live closer to jobs along the Southland coast and in the San Francisco Bay Area.
The state's population is also skewing younger, meaning there will be more demand for urban rental units and less demand for suburban cul-de-sacs, according to the quarterly economic forecast released Wednesday by UCLA's Anderson School of Business.
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That also means less market demand for inland detached unit PUD-style CIDs. Wither Privatopia?
Tuesday, June 14, 2011
My favorite line from the Republican presidential candidate debate
"I do support a constitutional amendment on marriage between a man and woman, but I would not be going into the states to overturn their state law," said Bachmann.
Read more: http://www.cbsnews.com/8301-503544_162-20070956-503544.html#ixzz1PJcZiX9F
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The entire purpose of the proposed amendment is to invalidate same sex marriage in every single state in the USA. As in: "Marriage in the United States shall consist solely of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.
So...huh? Say what? This is better than when she said the Battles of Lexington and Concord happened in New Hampshire.
And today all the papers are full of lemming-like commentary about how great a job she did in the debate, and how smart she sounded, and how cool she looked in that black dress, which was like TOTALLY different than the red ones that Sarah Palin wears.
Read more: http://www.cbsnews.com/8301-503544_162-20070956-503544.html#ixzz1PJcZiX9F
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The entire purpose of the proposed amendment is to invalidate same sex marriage in every single state in the USA. As in: "Marriage in the United States shall consist solely of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.
So...huh? Say what? This is better than when she said the Battles of Lexington and Concord happened in New Hampshire.
And today all the papers are full of lemming-like commentary about how great a job she did in the debate, and how smart she sounded, and how cool she looked in that black dress, which was like TOTALLY different than the red ones that Sarah Palin wears.
Is Gold in Fort Knox Real? Ron Paul Wants to Know - CNBC
Is Gold in Fort Knox Real? Ron Paul Wants to Know - CNBC
Giving legitimacy to an Internet conspiracy theory that the gold in Fort Knox is fake, the iconoclast Republican congressman from Texas has asked adminstration officials to audit the purity of the nation's 700,000 gold bars held in Fort Knox, according to an internal Treasury document obtained by CNBC.
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And he is up on a stage with the other Republican Party presidential candidates. All he has to do is rent a copy of Goldfinger and he can see the gold for himself. Along with the fossilized skeleton of Oddjob.
Giving legitimacy to an Internet conspiracy theory that the gold in Fort Knox is fake, the iconoclast Republican congressman from Texas has asked adminstration officials to audit the purity of the nation's 700,000 gold bars held in Fort Knox, according to an internal Treasury document obtained by CNBC.
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And he is up on a stage with the other Republican Party presidential candidates. All he has to do is rent a copy of Goldfinger and he can see the gold for himself. Along with the fossilized skeleton of Oddjob.
Giordano's strange bankruptcy - chicagotribune.com
Giordano's strange bankruptcy - chicagotribune.com
John Apostolou's businesses owe $45.5 million to Fifth Third Bank, and he has been forced to relinquish control of pizza chain he has owned since 1988. His ties with a sovereign citizens group are complicating court proceedings.
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Giordano's is a popular chain of pizza restaurants in the Chicago area. I was not aware that the owner was connected to the sovereign citizen movement. Things just get stranger all the time, don't they?
Thanks to Mystery Reader for this link.
John Apostolou's businesses owe $45.5 million to Fifth Third Bank, and he has been forced to relinquish control of pizza chain he has owned since 1988. His ties with a sovereign citizens group are complicating court proceedings.
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Giordano's is a popular chain of pizza restaurants in the Chicago area. I was not aware that the owner was connected to the sovereign citizen movement. Things just get stranger all the time, don't they?
Thanks to Mystery Reader for this link.
Did you hear the one about the stolen front lawn?
Did you hear the one about the stolen front lawn?
EDMONTON — Denise Thompson had a beautiful front lawn, thick and green. It was where her four children and two dogs played, and where she drank coffee on sunny mornings.
Then someone stole it. They didn’t even leave a note.
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EDMONTON — Denise Thompson had a beautiful front lawn, thick and green. It was where her four children and two dogs played, and where she drank coffee on sunny mornings.
Then someone stole it. They didn’t even leave a note.
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Scottsdale HOA takes on Steven Seagal
Scottsdale HOA takes on Steven Seagal
Another HOA decides to create physical obstacles to entry. This time, though...they are messing with the star of a whole series of movies that had three things in common: 1) They all had "kill" or "death" in the title; 2) they all included some major league butt-whipping; 3) they all star Steven Seagal.
Thanks to Mystery Reader for this link.
Another HOA decides to create physical obstacles to entry. This time, though...they are messing with the star of a whole series of movies that had three things in common: 1) They all had "kill" or "death" in the title; 2) they all included some major league butt-whipping; 3) they all star Steven Seagal.
Thanks to Mystery Reader for this link.
Iceland Crowdsources Its Constitution
Iceland Crowdsources Its Constitution
As it drafts the country’s new governing document, Iceland’s Constitutional Council is turning to social media sites to make the process transparent and to collect input from the public.
The council has made a draft of the document available online and is accepting recommendations for amending it.
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If we Facebooked the Constitution who knows what we would end up with?
As it drafts the country’s new governing document, Iceland’s Constitutional Council is turning to social media sites to make the process transparent and to collect input from the public.
The council has made a draft of the document available online and is accepting recommendations for amending it.
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If we Facebooked the Constitution who knows what we would end up with?
Supreme Court Upholds Nevada’s Law on Conflict of Interest - NYTimes.com
Supreme Court Upholds Nevada’s Law on Conflihttp://www.blogger.com/img/gl.bold.gifct of Interest - NYTimes.com
"The Nevada law requires elected officials to disqualify themselves, much as judges often do, when they are asked to vote on matters that touch on what the law called a “commitment in a private capacity to the interests of others.”
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Hey, does Texas have a law like that?
"The Nevada law requires elected officials to disqualify themselves, much as judges often do, when they are asked to vote on matters that touch on what the law called a “commitment in a private capacity to the interests of others.”
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Hey, does Texas have a law like that?
Monday, June 13, 2011
HOAs can't keep Old Glory down if governor OKs restrictions | Houston & Texas News | Chron.com - Houston Chronicle
HOAs can't keep Old Glory down if governor OKs restrictions | Houston & Texas News | Chron.com - Houston Chronicle.
I'd say the other bills are more important than a law guaranteeing the right to a 20 foot flagpole. For example, I think the priority of payments issue looms a bit larger than getting one's flag into the stratosphere. People are losing their homes in foreclosure because of attorney fees and property manager charges, even after paying enough to satisfy all the HOA's assessment charges. Thanks to Shu and others for sending me this link.
I'd say the other bills are more important than a law guaranteeing the right to a 20 foot flagpole. For example, I think the priority of payments issue looms a bit larger than getting one's flag into the stratosphere. People are losing their homes in foreclosure because of attorney fees and property manager charges, even after paying enough to satisfy all the HOA's assessment charges. Thanks to Shu and others for sending me this link.
Slump in construction industry creates a Sheetrock ghost town - CSMonitor.com
Slump in construction industry creates a Sheetrock ghost town - CSMonitor.com
"The Sheetrock producing Empire, Nev., will become a ghost town June 20. The isolated company town quit mining gypsum and dry wall production this year as a result of the construction industry slump."
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"The Sheetrock producing Empire, Nev., will become a ghost town June 20. The isolated company town quit mining gypsum and dry wall production this year as a result of the construction industry slump."
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