Woman fights HOA to keep home after $589K of invalid fines | WCNC.com Charlotte: North Carolina is at a tipping point for homeowners associations. The number of homeowners living in neighborhoods governed by HOAs is now greater than those who live outside those neighborhoods. The story of how Wilfong came close to losing her home illustrates why HOA battles have become personal.
It also shows lawmakers have not heard the last of the bitterly divisive issues that pit neighbor against neighbor with attorneys on all sides. Her lawsuit opens a window on HOAs: Quasi-governmental associations that carry the big stick of foreclosure and are drawing scrutiny from state lawmakers.
“They can ruin you,” said Wilfong.
-----------------
Another HOA horror story to help spur yet another round of HOA legislative reform efforts. As Shu Bartholomew says, "And the beat goes on."
Friday, July 27, 2012
From CCHAL: CID promotion and the California foreclosure debacle
This just in from the Center for California Homeowner Association Law--for years I have been posing the question, "What are the long-term consequences to municipalities of promoting CID construction?" This post from Marjorie Murray is suggestive of one possible answer:
-------------------------
Evan:
Realty Trac has posted its report on foreclosure filings (Notices of Default) across the country, and once again California leads the pack.
Note that six of the ten cities/counties with the greatest number of NODs are in the Central Valley, which are now over-run with common interest developments. Why? Because that's where vast tracts of land exist: land formerly dedicated to almonds, cotton, alfalfa and other crops.
Not long ago, the Center for California Homeowner Association Law researched, by county, the number of CIDs built in the Central Valley in the last decade. The growth has been phenomenal.
After approving dozens of huge planned unit developments in the past ten years, Stockton (San Joaquin County) went on a spending spree in anticipation of the tax revenue it believed CIDs would generate" property taxes, sales taxes, state taxes based on population. This was wishful thinking. As readers of your blog know, the City of Stockton just filed for bankruptcy.
I won't enumerate all the public policy issues generated by this growth in the Central Valley, but two of them are worth listing: the demand for water by huge new subdivisions and the substitution of CIDs for agriculture in the California economy. No state agency has examined these key policy issues.
Here's the Huffington Post story on the California foreclosure debacle.
http://www.huffingtonpost.com/2012/07/26/california-foreclosures-c_n_1705934.html?ir=San+Francisco&ref=topbar
Marjorie Murray, President
Center for California Homeowner Association Law
www.calhomelaw.org
3758 Grand Ave., Suite 56
Oakland, California 94610
mmurray@calhomelaw.org
Realty Trac has posted its report on foreclosure filings (Notices of Default) across the country, and once again California leads the pack.
Note that six of the ten cities/counties with the greatest number of NODs are in the Central Valley, which are now over-run with common interest developments. Why? Because that's where vast tracts of land exist: land formerly dedicated to almonds, cotton, alfalfa and other crops.
Not long ago, the Center for California Homeowner Association Law researched, by county, the number of CIDs built in the Central Valley in the last decade. The growth has been phenomenal.
After approving dozens of huge planned unit developments in the past ten years, Stockton (San Joaquin County) went on a spending spree in anticipation of the tax revenue it believed CIDs would generate" property taxes, sales taxes, state taxes based on population. This was wishful thinking. As readers of your blog know, the City of Stockton just filed for bankruptcy.
I won't enumerate all the public policy issues generated by this growth in the Central Valley, but two of them are worth listing: the demand for water by huge new subdivisions and the substitution of CIDs for agriculture in the California economy. No state agency has examined these key policy issues.
Here's the Huffington Post story on the California foreclosure debacle.
http://www.huffingtonpost.com/2012/07/26/california-foreclosures-c_n_1705934.html?ir=San+Francisco&ref=topbar
Marjorie Murray, President
Center for California Homeowner Association Law
www.calhomelaw.org
3758 Grand Ave., Suite 56
Oakland, California 94610
mmurray@calhomelaw.org
Thursday, July 26, 2012
Robert L. Borosage: Mitt Romney: The Gated Candidate
Robert L. Borosage: Mitt Romney: The Gated Candidate
The wealthiest Americans often choose to live in gated communities, designed to shield them from the intrusion of those Ann Romney calls "you people."
Now, Mitt Romney is applying that same notion to his campaign for the presidency. He's offering Americans a gated candidate, with whole areas of his record walled off to keep "you people" from knowing about them.
--------------------
And now Romney is self-immolating in his European tour, having made a complete ass of himself in London. But here at home, in the land of the blind, he is neck and neck with President Obama, thanks to to Fox News and AM talk radio. He is popular with people who don't believe in evolution, think the President was born in Kenya, and are convinced that if they had been in that theater in Aurora they would have taken care of the shooter. In reality, at best they would have shot themselves in the butt. At worst they would have killed an innocent bystander.
From CCHAL: request for feedback on rural CID situation
Just received this post from Marjorie Murray, President of the Center for California Homeowner Association Law, that I am passing along to all per her request. It is an interesting situation and I think many of you may have some thoughts to contribute:
-----------------------------------------------------
Evan: We've had many conversations about how CIDs function
as local governments (without the restraints we expect of local
government.) But this query (below) illustrates too well that California
local governments are going a step further: they are shifting costs to
homeowners that they -- city councils and county supervisors -- don't want to
bear. No doubt this was always true, but I think the practice may be
accelerating, given the budget crises in every level of California government.
Please post the query (below); we would appreciate reader feedback on this homeowner dilemma.
Marjorie Murray, President
Center for California Homeowner Association Law
www.calhomelaw.org
***************************************************************************************************************************************************
Please post the query (below); we would appreciate reader feedback on this homeowner dilemma.
Marjorie Murray, President
Center for California Homeowner Association Law
www.calhomelaw.org
***************************************************************************************************************************************************
Here’s
a troubling question from homeowners in a rural California county.
Their
association is in a national forest. It owns its own water system: a
complex network of tanks and pipes carrying water throughout the subdivision to
each home. (There is no supply of public water to the
subdivision.) The pipes are buried beneath the subdivision’s roads.
The
subdivision roads, however, are NOT owned by the association. They are
owned – but poorly maintained -- by the county. “Poorly maintained” means
the county will occasionally fill some of the potholes, but only if the
association begs county public works.
The
roads are public, meaning they bear traffic from campers, SUVs, and HUMMERS on
their way to campgrounds in the forest. The weight of these sport
vehicles damages the roads, but most of the damage is inflicted by logging
trucks carrying their heavy loads of pine and redwoods out of the forest.
The
traffic damages not only the roads, but also the association’s water system
beneath them. A proposal is now before the membership to drain its entire
reserve account to repair the water system damaged by the traffic and to repair
the roads, which will remain open to public -- and to future damage.
So…who
should pay for this half million dollar project and future maintenance?
The county (because these are public roads)? The trucking
companies? The association (because it’s their water system at risk)?
This
scenario is a good example of the quasi-governmental nature of common interest
developments: they provide services that local governments (counties and water
districts in this case) used to provide. With one big difference: the services
are now privately financed – by homeowners.
So
let us know what your think about the homeowners’ quandary….
CCHAL
NewsBrief
July
26, 2012, copyright
Wednesday, July 25, 2012
HOA boards are wild card in litigation game, author says - News - ReviewJournal.com
HOA boards are wild card in litigation game, author says - News - ReviewJournal.com
And that author is me. The article is about the construction defect game.
And that author is me. The article is about the construction defect game.
$140 sewer bill turns into foreclosure notice and $50,000 tab for homeowner | The Sideshow - Yahoo! News
$140 sewer bill turns into foreclosure notice and $50,000 tab for homeowner | The Sideshow - Yahoo! News: Dominick Vulpis admits he had an outstanding $140 sewage bill. But when that bill went unpaid for four years, the $140 bill turned into a home foreclosure notice and $50,000 in debt.
MSNBC reports that Middletown, N.J., turned over the utility bill to Approved Realty Group, an investment company. The practice is far from unheard of. Private companies buy up existing debts from local governments and then pursue the responsible parties, charging interest and fees. Several states have placed limits on the amount of money these private companies can charge for unpaid public utility bills.
--------------
Another example of local governments emulating HOAs. Privatize public debt and pay the debt collection company and legal counsel a handsome fee for their services. In this case, an astonishing multiple of 268 times the size of the underlying delinquent sewer bill.
MSNBC reports that Middletown, N.J., turned over the utility bill to Approved Realty Group, an investment company. The practice is far from unheard of. Private companies buy up existing debts from local governments and then pursue the responsible parties, charging interest and fees. Several states have placed limits on the amount of money these private companies can charge for unpaid public utility bills.
--------------
Another example of local governments emulating HOAs. Privatize public debt and pay the debt collection company and legal counsel a handsome fee for their services. In this case, an astonishing multiple of 268 times the size of the underlying delinquent sewer bill.
Tuesday, July 24, 2012
Dozens of Magnolia residents threatened with foreclosure - Houston weather, traffic, news | FOX 26 | MyFoxHouston
Dozens of Magnolia residents threatened with foreclosure - Houston weather, traffic, news | FOX 26 | MyFoxHouston
But this summer's threat to take away homes in the Remington Forest subdivision has a face and a name: Michael Fitzmaurice, the subdivision's developer and president of the Remington Forest Homeowners Association....Approximately two dozen Remington Forest homeowners gathered to share their concerns over the growing number of liens Fitzmaurice has threatened to file against them or their neighbors. "He's also threatening everybody," homeowner Debbie Sloan said. "I mean I can't tell you how many people I've talked to that have already gotten a notice that have already paid their dues but they're getting notices they haven't paid their dues."
"We lost everything in the fire, so he thinks we have no records, we can't trace it, so he can come back and say hey you didn't pay back in 2003, 2004, 2005 and 2006," homeowner Shannon Montealvo said. "He thinks we can't show the records to prove we did pay."
Public records show that in 1992, Fitzmaurice pleaded guilty to numerous counts of felony grand theft in Florida. He was sentenced to three and a half years in prison.
Read more: http://www.myfoxhouston.com/story/19094372/2012/07/23/dozens-of-magnolia-residents-threatened-with-foreclosure#ixzz21Y9qz5BZ
-----------------------
Thanks to Beanie Adolph for this link.
But this summer's threat to take away homes in the Remington Forest subdivision has a face and a name: Michael Fitzmaurice, the subdivision's developer and president of the Remington Forest Homeowners Association....Approximately two dozen Remington Forest homeowners gathered to share their concerns over the growing number of liens Fitzmaurice has threatened to file against them or their neighbors. "He's also threatening everybody," homeowner Debbie Sloan said. "I mean I can't tell you how many people I've talked to that have already gotten a notice that have already paid their dues but they're getting notices they haven't paid their dues."
"We lost everything in the fire, so he thinks we have no records, we can't trace it, so he can come back and say hey you didn't pay back in 2003, 2004, 2005 and 2006," homeowner Shannon Montealvo said. "He thinks we can't show the records to prove we did pay."
Public records show that in 1992, Fitzmaurice pleaded guilty to numerous counts of felony grand theft in Florida. He was sentenced to three and a half years in prison.
Read more: http://www.myfoxhouston.com/story/19094372/2012/07/23/dozens-of-magnolia-residents-threatened-with-foreclosure#ixzz21Y9qz5BZ
-----------------------
Thanks to Beanie Adolph for this link.
The Ultimate Mitt Romney Flip-Flop Collection - YouTube
The Ultimate Mitt Romney Flip-Flop Collection - YouTube
I don't usually post links to general political things, but this 20 minute video collection is so revealing that I think everybody who is going to vote on November 6 should watch it and think about what it means. In a way, Romney is perfectly consistent: he always says whatever is most advantageous to him at the moment, regardless of what he has said in the past. Abortion, immigration, the bailouts, gun control, blind trusts, education policy, raising the minimum wage, gay and lesbian rights, climate change...it just goes on and on for 20 minutes.
I don't usually post links to general political things, but this 20 minute video collection is so revealing that I think everybody who is going to vote on November 6 should watch it and think about what it means. In a way, Romney is perfectly consistent: he always says whatever is most advantageous to him at the moment, regardless of what he has said in the past. Abortion, immigration, the bailouts, gun control, blind trusts, education policy, raising the minimum wage, gay and lesbian rights, climate change...it just goes on and on for 20 minutes.
Number of California homes entering foreclosure falls to 2007 levels - latimes.com
Number of California homes entering foreclosure falls to 2007 levels - latimes.com
DataQuick President John Walsh said in a statement that it was unclear whether the drop in the number of homes entering the foreclosure process was a sign that the worst was over or simply that the process itself had slowed.
“The foreclosure process has always been the sanitation department of the housing sector,” he said. “The question is whether these lower … numbers mean that there’s less distress to process, or if we’re just seeing distress get processed at a slower pace.”
The number of homes being lost to foreclosure plunged. The number of trustee deeds, which are the public documents filed when a foreclosure is completed, fell 27.8% from the prior quarter and were down 48.5% from the same period as last year. A total of 21,851 deeds were filed last quarter.
------------
So maybe it's good and maybe it isn't. Thanks to Fred Pilot for the link.
DataQuick President John Walsh said in a statement that it was unclear whether the drop in the number of homes entering the foreclosure process was a sign that the worst was over or simply that the process itself had slowed.
“The foreclosure process has always been the sanitation department of the housing sector,” he said. “The question is whether these lower … numbers mean that there’s less distress to process, or if we’re just seeing distress get processed at a slower pace.”
The number of homes being lost to foreclosure plunged. The number of trustee deeds, which are the public documents filed when a foreclosure is completed, fell 27.8% from the prior quarter and were down 48.5% from the same period as last year. A total of 21,851 deeds were filed last quarter.
------------
So maybe it's good and maybe it isn't. Thanks to Fred Pilot for the link.
Monday, July 23, 2012
Illegal Front Yard Garden: Canadian Couple's Kitchen Garden Targeted By Authorities
Illegal Front Yard Garden: Canadian Couple's Kitchen Garden Targeted By Authorities
"Take a look at Josée Landry and Michel Beauchamp's gorgeous front yard kitchen garden in Drummondville, Quebec. The cucumbers, tomatoes, zucchinis, beets, onions, and brussels sprouts and other vegetables grown by the couple helped Beauchamp lose 75 pounds, and Landry 25.
"The only problem? It's illegal."
-------------------------
"Take a look at Josée Landry and Michel Beauchamp's gorgeous front yard kitchen garden in Drummondville, Quebec. The cucumbers, tomatoes, zucchinis, beets, onions, and brussels sprouts and other vegetables grown by the couple helped Beauchamp lose 75 pounds, and Landry 25.
"The only problem? It's illegal."
-------------------------
Subscribe to:
Posts (Atom)