One by one, homes in Calif. subdivision sinking - Yahoo! News
"LAKEPORT, Calif. (AP) — Scott and Robin Spivey had a sinking feeling that something was wrong with their home when cracks began snaking across their walls in March. The cracks soon turned into gaping fractures, and within two weeks their 600-square-foot garage broke from the house and the entire property — manicured lawn and all — dropped 10 feet below the street. It wasn't long before the houses on both sides collapsed as the ground gave way in the Spivey's neighborhood in Lake County, about 100 miles north of San Francisco."
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Sinking feeling, indeed. And it seems that the cause isn't clear, although the consensus seems to be that groundwater is involved. Thanks to Fred Pilot for this link.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, May 11, 2013
Suit filed over Rancho Mirage HOA meeting fight | The Desert Sun | mydesert.com
Suit filed over Rancho Mirage HOA meeting fight | The Desert Sun | mydesert.com: Thomas Moore, 52, who was hospitalized after suffering a seizure and neck injuries during the incident is suing The Springs Community Association, the HOA, board members, several homeowners and the security company hired to provide security to the association, according to his March 15 lawsuit filed in Riverside County Superior Court.
Moore contends the association, as well as the security firm, Universal Protection Service and its head of security, David Archerfailed to properly supervise the meeting and keep him safe.
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A premises liability claim stemming from an HOA board meeting that turned into a brawl.
Moore contends the association, as well as the security firm, Universal Protection Service and its head of security, David Archerfailed to properly supervise the meeting and keep him safe.
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A premises liability claim stemming from an HOA board meeting that turned into a brawl.
Friday, May 10, 2013
Durango area couple gives up catwalk fight - The Denver Post
Durango area couple gives up catwalk fight - The Denver Post: DURANGO, Colo.—A Durango area couple is giving up their fight to keep a 13-foot escape route for their cats outside their apartment.
Martha Spence and her husband built the catwalk from a window to a nearby tree to allow their two cats to go outside from their second-floor unit whenever they wanted. The Durango Herald (http://bit.ly/YKl7Jb) reported that they agreed to take it down Thursday at the request of the development's homeowners association.
The couple had planned to appeal the board's request but Spence said her husband wasn't able to take off work to pursue it.
Neighbors objected to the look of the catwalk and also worried children would try to use it. In addition, the association says its regulations bar pets from roaming free in the development.
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Clotheslines, swingsets, flagpoles, playhouses. But a catwalk? This is a first. Meow.
Martha Spence and her husband built the catwalk from a window to a nearby tree to allow their two cats to go outside from their second-floor unit whenever they wanted. The Durango Herald (http://bit.ly/YKl7Jb) reported that they agreed to take it down Thursday at the request of the development's homeowners association.
The couple had planned to appeal the board's request but Spence said her husband wasn't able to take off work to pursue it.
Neighbors objected to the look of the catwalk and also worried children would try to use it. In addition, the association says its regulations bar pets from roaming free in the development.
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Clotheslines, swingsets, flagpoles, playhouses. But a catwalk? This is a first. Meow.
Thursday, May 09, 2013
Religion Clause: Puerto Rico Federal Court Issues Opinion Explaining Its Prior Order On Proselytizers' Access To Gated Communities
Religion Clause: Puerto Rico Federal Court Issues Opinion Explaining Its Prior Order On Proselytizers' Access To Gated Communities
"In a long-running free-exercise/ free-speech case, in March a the federal district court in Puerto Rico, on remand from the 1st Circuit, ordered neighborhood homeowners' associations (urbanizations) that allow entry into the neighborhood only through an unmanned locked gate operated by a key, access code or beeper to provide Jehovah's Witnesses who wish to proselytize in the neighborhood access equal to that of residents."
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Thanks to Mystery Reader for the link to this interesting case, which is explained on law professor Howard Friedman's blog.
"In a long-running free-exercise/ free-speech case, in March a the federal district court in Puerto Rico, on remand from the 1st Circuit, ordered neighborhood homeowners' associations (urbanizations) that allow entry into the neighborhood only through an unmanned locked gate operated by a key, access code or beeper to provide Jehovah's Witnesses who wish to proselytize in the neighborhood access equal to that of residents."
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Thanks to Mystery Reader for the link to this interesting case, which is explained on law professor Howard Friedman's blog.
Gwyneth Paltrow -- Gate Rights Advocate | TMZ.com
Gwyneth Paltrow -- Gate Rights Advocate | TMZ.com
TMZ has learned ... one of Gwyneth's Brentwood neighbors claims she and hubby Chris Martin built a 9-foot-tall gate in front of their mansion -- WAY ABOVE the legal limit of 6 feet -- and it's an eyesore...The L.A. City Department of Building and Safety confirmed that it's investigating, and Gwyneth will have 45 days to fix any violations ... or face more than $900 in fines.
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Somehow I think the specter of "more than $900 in fines" won't ring many alarm bells at Chez Paltrow.
TMZ has learned ... one of Gwyneth's Brentwood neighbors claims she and hubby Chris Martin built a 9-foot-tall gate in front of their mansion -- WAY ABOVE the legal limit of 6 feet -- and it's an eyesore...The L.A. City Department of Building and Safety confirmed that it's investigating, and Gwyneth will have 45 days to fix any violations ... or face more than $900 in fines.
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Somehow I think the specter of "more than $900 in fines" won't ring many alarm bells at Chez Paltrow.
Tuesday, May 07, 2013
Lines drawn in battle over foreclosure law's constitutionality - The Denver Post
Lines drawn in battle over foreclosure law's constitutionality - The Denver Post: In question is a law that allows a lawyer to sign a document known as a qualified-holder statement attesting the right of his client, usually a bank or other lender, to foreclose without the need to prove it owns the underlying mortgage.
The statement simply says the lawyer's client is the holder of the original evidence of debt, or the mortgage on the house. And there's no penalty if the lawyer is wrong.
The statement simply says the lawyer's client is the holder of the original evidence of debt, or the mortgage on the house. And there's no penalty if the lawyer is wrong.
Stratford neighborhood homeowners react to treasurers charges - WRDW.com - News for Greater Augusta and Aiken
Stratford neighborhood homeowners react to treasurers charges - WRDW.com - News for Greater Augusta and Aiken: "You assume that when you're paying your homeowners association dues, that the board is taking care of the money and putting it where it needs to be," Passey said.
Columbia County Investigator Tom Digsby, has been on the case since neighbors noticed the money was missing.
He says Vanover was the only one in charge of finances, and that led her on a personal spending spree.
"She was just using the associations bank account as though it were her own," Digsby said.
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Yet another case of an HOA treasurer allegedly using the treasury as a personal ATM. Film at 10 on News 12 Atlanta.
Columbia County Investigator Tom Digsby, has been on the case since neighbors noticed the money was missing.
He says Vanover was the only one in charge of finances, and that led her on a personal spending spree.
"She was just using the associations bank account as though it were her own," Digsby said.
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Yet another case of an HOA treasurer allegedly using the treasury as a personal ATM. Film at 10 on News 12 Atlanta.
Monday, May 06, 2013
The Housing Market Recovery Is ‘A Complete Hoax’ - Truthdig
The Housing Market Recovery Is ‘A Complete Hoax’ - Truthdig
"Homeownership is at its lowest level in 18 years, but housing prices are rising. Why? Because banks are creating real estate scarcity by buying up homes and selectively stalling foreclosures.
"Homeownership is at its lowest level in 18 years, but housing prices are rising. Why? Because banks are creating real estate scarcity by buying up homes and selectively stalling foreclosures.
CounterPunch contributor Mike Whitneyreminds us that in recent years the Federal Reserve has kept lending rates low. This has allowed Private Equity firms to buy up lots of homes with money they have to pay very little to borrow. The result is the appearance that Americans are buying again. But as the homeownership rate shows, they’re not. Investors are, and this is keeping prices artificially high."
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Investors are buying condo units and single family homes and renting them out to people, many of whom have lost their homes to foreclosure. Are we headed toward being a nation of renters instead of homeowners?
Sunday, May 05, 2013
Woodlands seeking to shut down Tamarac activist's website - South Florida Sun-Sentinel.com
Woodlands seeking to shut down Tamarac activist's website - South Florida Sun-Sentinel.com: The Woodlands Homeowners Association has threatened to sue one of its residents, a self-proclaimed "loudmouth" who has a website about the going-ons within the community.
An attorney for the law firm Becker & Poliakoff sent Sharon Aron Baron a letter ordering her to shut down the website by May 12. The letter says the domain name, and some of the information within the site such as real estate listings, imply the site is affiliated with the homeowners association.
"This site is tarnishing the distinctive quality of the association's trade name and injuring its reputation," wrote attorney Michael De Biase.
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It's not called Privatopia for nothing. Even HOA names are private property.
An attorney for the law firm Becker & Poliakoff sent Sharon Aron Baron a letter ordering her to shut down the website by May 12. The letter says the domain name, and some of the information within the site such as real estate listings, imply the site is affiliated with the homeowners association.
"This site is tarnishing the distinctive quality of the association's trade name and injuring its reputation," wrote attorney Michael De Biase.
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It's not called Privatopia for nothing. Even HOA names are private property.
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