Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Sunday, August 07, 2011
The 5 Worst Places to Retire in the U.S.
And they are in Nevada, Arizona, California, and Florida. Let's see...what do those four states have in common (no pun intended)...I had it for a moment there...processing...processing...Oh, yes. Now I remember.
Man Claims Racist Reception from Royal Oaks
Williams leased a home on Stuart Manor. As time went by, things got progressively worse.
"They must be selling drugs so now, it's we're selling drugs in the neighborhood," he said.
But he said that was easy compared to his next experience: 2 weeks ago, all of his guests were denied entry into the subdivision, stopped at the front gate.
All of those guests were African American.
He went to go pick up his cousin who was walking on foot through the gate at the front of the door. That’s when he said a security guard told him the following,
“Look, I'm not allowed to let you guys in. We personally don't have a problem with you, but we'll lose our jobs.”
Read more: http://www.myfoxhouston.com/dpp/news/local/110726-man-claims-racist-reception-from-royal-oaks#ixzz1UM7Z3aqX
-----------------
One of the main reasons for creating HOAs in the US was to practice racial exclusion. Some things never change.
Democratic lawmakers launch probe of fired AG investigators | TBO.com
The two lawmakers are probing a possible connection between the terminations and Joe Jacquot, Bondi's former special counsel who left to become a senior vice president at Lender Processing Services shortly before Clarkson and Edwards were dismissed. Soto and Sobel also are raising questions about Provest, a Tampa-based mortgage servicing company that Edwards and Clarkson were investigating, and about an unnamed LPS executive who previously worked for Scott's former health care company, Solantic.
---------------
See the story below--the probe into Florida AG Pam Bondi (Republican) and her summary firing of two AGs who were investigating mortgage fraud is heating up.
MortgageOrb: Content / Mortgage Servicing / Fla. AG Okays Independent Probe On Attorney Dismissals
In the November 2010 election a Republican and Fox News blonde legal commentator (they have so many that it's hard to keep track of them) named Pam Bondi was elected Attorney General of the state of Florida.
She fired two AGs who were renowned for aggressively pursuing mortgage fraud. They had exemplary performance reviews and you can hear them speak about their firing.
So now Bondi says she will allow an independent probe of the firings. There is a Democratic member of the Florida House of Representatives, Darren Soto, who is talking about asking for a federal investigation.
Saturday, August 06, 2011
Lawn Cross Becomes First Amendment Flash Point
Livingston Township officials say Racaniello's display, which he intended as a celebration of Lent, violated an ordinance that generally prohibits postings on a structure, including a tree, "calculated to attract the attention of the public."
--------------------
But it doesn't stop there. This is a multi-chapter sage that isn't over yet. And it is not an HOA. It just plays one on TV.
Friday, August 05, 2011
Home ownership hits lowest level since 1965
NEW YORK (CNNMoney) -- As the foreclosure crisis continues to wreak havoc on the housing market, a source of national pride has taken a sour turn. Home ownership is on the decline and, according to a recent Morgan Stanley report, the United States is fast becoming a nation of renters.
Last Friday, the Census Bureau reported that the percentage of people who owned a home had dropped to 65.9% during the second quarter -- its lowest level since the first quarter of 1998 and a far cry from the high of 69.2% reached in late 2004.
Yet, in a research paper issued a week earlier, Morgan Stanley (MS, Fortune 500) analysts Oliver Chang, Vishwanath Tirupattur and James Egan argued that the home ownership rate is even lower than the Census Bureau statistics say.
------------------------------------------
The rapid growth of HOAs during the past four decades appears headed for a downturn with fewer homeowners to comprise them.
Thursday, August 04, 2011
'Insidious And Persistent' Residential Segregation Called Out In Study
The study examined trends across more than 300 American communities over the last two decades and concluded that ethnic identity trumps income as a predictor of where people live. Among minority households, even those with relatively high incomes tend to be clustered in neighborhoods where most of their neighbors are the same race and many are poor, the study found.
------------------------
And it appears that racial discrimination in the housing market may be the reason, which wouldn't surprise anybody who has ever read anything on the history of institutional racism in the real estate and banking industries.
Wednesday, August 03, 2011
Ordinance Holds Banks Responsible For Maintaining Vacant Buildings « CBS Chicago
The City Council on Thursday passed an ordinance that holds banks responsible for maintaining properties once they have foreclosed upon them and left them vacant.
The ordinance sponsored by Ald. Pat Dowell (3rd) came in response to a growing problem with vacant buildings in the city. The Mayor’s Office says the city spent more than $15 million to deal with vacant buildings last year.
----------------
Of course the poor banksters are whining about it relentlessly.
Tuesday, August 02, 2011
Side Deal With Bank Of America Would Cede Liability In Exchange For Homeowner Relief
Federal and state prosecutors are in advanced negotiations with Bank of America in pursuit of a settlement that would forgive the bank for a broad range of past mortgage abuses in exchange for fines that would finance a significantly expanded relief program for struggling homeowners, according to three people with direct knowledge of the matter.
-----------------
"Forgive the bank." Isn't that ironic? When do banks forgive us?
Monday, August 01, 2011
Anaheim Condo Complex at Center of Free-Speech Debate
During the meeting, Cabrera accused Alam of being "a dictator," adding that board funds went missing during his tenure. Alam then rose to ask what happened to a $100 rebate Cabrera had promised while she was president.
Cabrera sued Alam for slander, and the case eventually wound up before the state appeals court in Santa Ana, which found last week that free-speech protections extend to elections for governing boards of condo associations.
The panel added that no evidence was presented that Alam knowingly presented a falsehood--seeing as how the missing-rebates question was never resolved. In other words, all indications were Alam believed he was telling the truth. And he only rose to defend himself amid Cabrera's accusations.
-----------------------------------------
I haven't read the actual ruling (the link to it in the story is broken) and don't follow California appellate law as closely these days. But it's consistent with a 2000 California Court of Appeal decision in Damon v. Ocean Hills Journalism Club 85 Cal.App.4th 468 wherein the court ruled that letters published in an HOA newsletter critical of the HOA's manager were fair commentary on a matter of public interest and therefore not defamatory.