Greenacres man, 80, ends up in jail, hospital after trying to save butterfly plants: The landscaping dispute came to a head Tuesday morning when workers arrived to remove the plants. John Buchholz, a retired Pratt &Whitney machinist, stood his ground.
“This is where you stop,” Buchholz told the workers armed with shovels when they approached the blue porterweed, corn plants, coontie, firebush and others.
That’s when property managers called police.
When police officers arrived, he continued to protest. According to Greenacres police, Buchholz screamed and yelled at the workers and prevented them from removing the plants.
During the confrontation, Pat Buchholz read passages from Earth Blessings, Prayers for Our Planet, a pamphlet from the Unity in the Pines church.
John Buchholz, 80, compared himself to Rosa Parks taking a stand for what is right. Then he cracked a joke. He told police they might want to call for backup because he had been trained in karate. They called for backup.
Buchholz was placed in handcuffs, charged with disorderly conduct and resisting arrest without violence. He’s scheduled to make a first appearance in court June 26.
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Zee plants haf to go. Komply or cooler!
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, June 16, 2012
Will there be enough water for both Vegas casinos and Privatopia?
Perilous new Vegas water pipeline claims a life - BusinessWeek: Ninety percent of Las Vegas water currently comes from Lake Mead, which has shrunk in recent years due to ongoing drought and increasing demand from seven states and more than 25 million people sharing Colorado River water rights under agreements dating to 1922.
The water authority is aggressively working on other ways to ensure a future water supply for Las Vegas' nearly 2 million residents and more than 40 million annual visitors. One is a controversial plan to build a $3.5 billion, 300-mile surface pipeline to pump billions of gallons of water south to Las Vegas from rural areas along the Nevada-Utah border.
In a city that averages just over four inches of rain per year, officials say they have no choice but to press on with the Lake Mead project. It promises to ensure the ability to fetch water no matter how low the reservoir gets.
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Looking forward, will Las Vegas have enough water to serve its casinos, fountains and golf courses that form the bedrock of its tourism-based economy as well as massive common interest developments built during the housing boom?
The water authority is aggressively working on other ways to ensure a future water supply for Las Vegas' nearly 2 million residents and more than 40 million annual visitors. One is a controversial plan to build a $3.5 billion, 300-mile surface pipeline to pump billions of gallons of water south to Las Vegas from rural areas along the Nevada-Utah border.
In a city that averages just over four inches of rain per year, officials say they have no choice but to press on with the Lake Mead project. It promises to ensure the ability to fetch water no matter how low the reservoir gets.
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Looking forward, will Las Vegas have enough water to serve its casinos, fountains and golf courses that form the bedrock of its tourism-based economy as well as massive common interest developments built during the housing boom?
4 more HOAs sued over collection costs deemed improper - VEGAS INC
4 more HOAs sued over collection costs deemed improper - VEGAS INC: Those attorneys regularly sue HOAs over what they call unauthorized collection costs and other charges included in liens that HOAs file against properties whose owners are delinquent on assessments and that ultimately are foreclosed on.
State law says HOAs can file ''Super Priority Liens'' that are ahead of mortgage liens, meaning the HOA lien amounts have to be paid for the buyer of a foreclosed property to obtain clear title.
Adams and Premsrirut insist these Super Priority Liens are limited under state law to six or nine months of assessments, depending on the circumstances.
State law says HOAs can file ''Super Priority Liens'' that are ahead of mortgage liens, meaning the HOA lien amounts have to be paid for the buyer of a foreclosed property to obtain clear title.
Adams and Premsrirut insist these Super Priority Liens are limited under state law to six or nine months of assessments, depending on the circumstances.
Thursday, June 14, 2012
Mazdabrook Commons HOA v. Khan
Folks--This is a major ruling that establishes free speech rights for owners in New Jersey under their state constitution. CAI fought on behalf of the association and lost. And the court explicitly rejected the argument made by the HOA that Khan waived his constitutional rights by the act of voluntarily purchasing a unit. Anybody who wants a copy of this opinion can get it from my law wiki at this address:
N.J. Supreme Court: Homeowners group can't order resident to remove political signs | NJ.com
N.J. Supreme Court: Homeowners group can't order resident to remove political signs | NJ.com: PARSIPPANY —Wasim Khan, a frequent Democratic candidate in Republican Morris County, hasn’t won any elections, but Wednesday he scored a big victory in the state Supreme Court.
The court ruled 5-1 that the homeowners’ association at his Parsippany townhouse complex violated his free-speech rights when it ordered him to remove campaign signs from his window and door during his run for township council in 2005.
"It’s a great victory for free speech," Khan said. "I’m so proud of our Supreme Court and our state. It’s incredible."
The court ruled 5-1 that the homeowners’ association at his Parsippany townhouse complex violated his free-speech rights when it ordered him to remove campaign signs from his window and door during his run for township council in 2005.
"It’s a great victory for free speech," Khan said. "I’m so proud of our Supreme Court and our state. It’s incredible."
Foreclosures up for first time in 27 months - Yahoo! News
Foreclosures up for first time in 27 months - Yahoo! News
NEW YORK (Reuters) - Foreclosure starts rose year-over-year in May for the first time in more than two years as banks resumed dealing with distressed properties after a mortgage abuse settlement earlier this year, data firm RealtyTrac said on Thursday.
The $25 billion settlement between major banks and states, formally approved in April, had been expected to jump-start foreclosure proceedings that were previously stalled by uncertainty about the liability of banks.
Overall foreclosure activity, which includes default notices, scheduled auctions and bank repossessions, affected 205,990 properties in May, a 9.1 percent increase from April.
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Happy days are here again...for the banks.
NEW YORK (Reuters) - Foreclosure starts rose year-over-year in May for the first time in more than two years as banks resumed dealing with distressed properties after a mortgage abuse settlement earlier this year, data firm RealtyTrac said on Thursday.
The $25 billion settlement between major banks and states, formally approved in April, had been expected to jump-start foreclosure proceedings that were previously stalled by uncertainty about the liability of banks.
Overall foreclosure activity, which includes default notices, scheduled auctions and bank repossessions, affected 205,990 properties in May, a 9.1 percent increase from April.
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Happy days are here again...for the banks.
Wednesday, June 13, 2012
Residents Of NY Town Face $1,000 Fines If They Fail To Mow Lawns - The Consumerist
Residents Of NY Town Face $1,000 Fines If They Fail To Mow Lawns - The Consumerist
Town officials say this law was passed to keep property values from sinking in the area. It's not unusual for local municipalities to enact laws that fine homeowners for allowing homes to fall into disrepair, but penalties for lack of lawn maintenance are often left to homeowners associations and the like. And the $1,000 amount for a first offense is high even by many HOA standards.
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The town is Massapequa Park, on Long Island. The fines can go as high as $10,000 for repeat offenders. This seems to be a response to all the foreclosed properties held by banks that often don't do yard maintenance, and maybe the occasional hippie family that has decided to let their lawn be free. Thanks to Mystery Reader for the link.
Town officials say this law was passed to keep property values from sinking in the area. It's not unusual for local municipalities to enact laws that fine homeowners for allowing homes to fall into disrepair, but penalties for lack of lawn maintenance are often left to homeowners associations and the like. And the $1,000 amount for a first offense is high even by many HOA standards.
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The town is Massapequa Park, on Long Island. The fines can go as high as $10,000 for repeat offenders. This seems to be a response to all the foreclosed properties held by banks that often don't do yard maintenance, and maybe the occasional hippie family that has decided to let their lawn be free. Thanks to Mystery Reader for the link.
Tuesday, June 12, 2012
Mass. town OKs $20 fines for swearing in public - Yahoo! News
Mass. town OKs $20 fines for swearing in public - Yahoo! News
MIDDLEBOROUGH, Mass. (AP) — Residents in Middleborough voted Monday night to make the foul-mouthed pay fines for swearing in public.
At a town meeting, residents voted 183-50 to approve a proposal from the police chief to impose a $20 fine on public profanity.
Officials insist the proposal was not intended to censor casual or private conversations, but instead to crack down on loud, profanity-laden language used by teens and other young people in the downtown area and public parks.
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One of the most consistent findings from public opinion research is that most Americans claim they believe in constitutional rights and liberties, but when they are asked about specific applications of those provisions to unpopular minorities, such as protecting the rights of atheists, they say "well, but not for them."
MIDDLEBOROUGH, Mass. (AP) — Residents in Middleborough voted Monday night to make the foul-mouthed pay fines for swearing in public.
At a town meeting, residents voted 183-50 to approve a proposal from the police chief to impose a $20 fine on public profanity.
Officials insist the proposal was not intended to censor casual or private conversations, but instead to crack down on loud, profanity-laden language used by teens and other young people in the downtown area and public parks.
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One of the most consistent findings from public opinion research is that most Americans claim they believe in constitutional rights and liberties, but when they are asked about specific applications of those provisions to unpopular minorities, such as protecting the rights of atheists, they say "well, but not for them."
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