Shu Bartholomew sent me these links to YouTube clips from a TV show (I think) that involves some hillbillies who suddenly discover that they living in an HOA. Where's Buddy Ebsen?
http://www.youtube.com/watch?v=P0vSJIup-UY
http://www.youtube.com/watch?v=uMTTpi5KmKk
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, August 31, 2013
Thursday, August 29, 2013
Details revealed surrounding Hideaway Lake community investigati - KYTX CBS 19 Tyler Longview News Weather Sports
Details revealed surrounding Hideaway Lake community investigati - KYTX CBS 19 Tyler Longview News Weather Sports
So what we have here is a Texas HOA that is under investigation by the Smith County Sheriff's Office. It appears that a tree trimming company has complained that one or more HOA employees was or were demanding kickbacks in exchange for getting a contract. In a followup to the original story, it is reported that the general manager has been fired.
"The affidavit states two board members met with investigators about concerns surrounding some Hideaway Lake employees. "I'm going to use the word alleged, that he had to pay off or give a kickback to a Hideaway employee in order to do business in Hideaway," said Jerry Toon, board member. The affidavit reveals a vendor complained that the maintenance supervisor was requiring a 50% kickback from the vendor to cut trees in Hideaway Lake. When the board started investigating, the affidavit says the general manager stopped all access to the invoices and records."
So what we have here is a Texas HOA that is under investigation by the Smith County Sheriff's Office. It appears that a tree trimming company has complained that one or more HOA employees was or were demanding kickbacks in exchange for getting a contract. In a followup to the original story, it is reported that the general manager has been fired.
"The affidavit states two board members met with investigators about concerns surrounding some Hideaway Lake employees. "I'm going to use the word alleged, that he had to pay off or give a kickback to a Hideaway employee in order to do business in Hideaway," said Jerry Toon, board member. The affidavit reveals a vendor complained that the maintenance supervisor was requiring a 50% kickback from the vendor to cut trees in Hideaway Lake. When the board started investigating, the affidavit says the general manager stopped all access to the invoices and records."
Wednesday, August 28, 2013
Don't let emotions color redecorating projects - chicagotribune.com
Don't let emotions color redecorating projects - chicagotribune.com
"For some community associations, choosing a paint color is more difficult than passing a special assessment. "Board members often look at decorating as a personal decision rather than a business decision," said Cathy Ryan, president of Property Specialists Inc. in Rolling Meadows. "They typically want what they would put in their homes, not something that is pleasing to everyone." Then hurt feelings and angry words linger, sometimes for years, when someone's favorite color or style isn't selected, she said."
"For some community associations, choosing a paint color is more difficult than passing a special assessment. "Board members often look at decorating as a personal decision rather than a business decision," said Cathy Ryan, president of Property Specialists Inc. in Rolling Meadows. "They typically want what they would put in their homes, not something that is pleasing to everyone." Then hurt feelings and angry words linger, sometimes for years, when someone's favorite color or style isn't selected, she said."
Feds: Bank chairman used bailout money to buy luxury condo - NBC News.com
Feds: Bank chairman used bailout money to buy luxury condo - NBC News.com
"A bank chairman from Missouri pleaded guilty on Tuesday to lying about how he used bailout money given to banks during the 2008 economic crisis. Rather than using the federal funds to stabilize his small bank, court records say, the chairman spent about a third of the money on an oceanfront condo in Florida. Darryl Layne Woods, 48, of Columbia, Mo., could be sentenced up to a year in prison and may also have to pay a $100,000 fine. Lying to federal officials about how the money was spent is a misdemeanor crime. Court records do not say whether Woods will be charged with misusing the money, which came from the Troubled Asset Relief Program, or TARP."
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Well, that's pretty disgusting.
"A bank chairman from Missouri pleaded guilty on Tuesday to lying about how he used bailout money given to banks during the 2008 economic crisis. Rather than using the federal funds to stabilize his small bank, court records say, the chairman spent about a third of the money on an oceanfront condo in Florida. Darryl Layne Woods, 48, of Columbia, Mo., could be sentenced up to a year in prison and may also have to pay a $100,000 fine. Lying to federal officials about how the money was spent is a misdemeanor crime. Court records do not say whether Woods will be charged with misusing the money, which came from the Troubled Asset Relief Program, or TARP."
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Well, that's pretty disgusting.
Tuesday, August 27, 2013
Homeowner group backs off claim that couple with Cal-Vet loan don't own their home - Our Region - The Sacramento Bee
Homeowner group backs off claim that couple with Cal-Vet loan don't own their home - Our Region - The Sacramento Bee: A South Natomas couple in an ugly fight with their homeowners association won a partial victory last week, after a lawyer representing the association's board backpedaled on his assertion that they weren't homeowners because they had a home loan for military veterans.
While Allen Campbell, a 75-year-old disabled Marine, lay in a hospital bed on Tuesday night after fracturing his back in a fall, his wife, Cynthia Campbell, attended her first board meeting of the Sonora Springs Homeowners Association in months.
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These kinds of situations arise often in Privatopia where homeowners are viewed as irritants rather than constituents served by HOA boards. That in turn overly personalizes relations between board members and owners and sets the stage for court battles -- and substantial legal exposure for HOAs when the unit owners get government agencies to go to bat for them such as in this case.
While Allen Campbell, a 75-year-old disabled Marine, lay in a hospital bed on Tuesday night after fracturing his back in a fall, his wife, Cynthia Campbell, attended her first board meeting of the Sonora Springs Homeowners Association in months.
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These kinds of situations arise often in Privatopia where homeowners are viewed as irritants rather than constituents served by HOA boards. That in turn overly personalizes relations between board members and owners and sets the stage for court battles -- and substantial legal exposure for HOAs when the unit owners get government agencies to go to bat for them such as in this case.
Monday, August 26, 2013
Chicago loses court challenge to vacant building registry - chicagotribune.com
Chicago loses court challenge to vacant building registry - chicagotribune.com
"Vacant buildings in foreclosure with mortgages backed by Fannie Mae and Freddie Mac do not have to follow Chicago’s vacant building ordinance, a federal judge has ruled. The decision, filed Friday in Chicago by U.S. District Court Judge Thomas Durkin, deals a blow to the city, which is trying to grapple with thousands of empty buildings caught up in a lengthy foreclosure process and dragging down neighborhoods. It also has national implications. More than 1,000 municipalities around the country, by one count, have laws that require the registration and maintenance of vacant properties."
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The ordinance requires the building owner to pay a $500 fee, among other things, and the judge saw this as an effort by the city to tax the federal government, which has been unconstitutional since McCulloch v. Maryland in 1819. This is just a district court so it isn't a precedent for any other court, but it could encourage the feds to try the same argument elsewhere. That's unfortunate, because cities need some way to address this problem. We live in a society where it seems that financial institutions can do whatever they want with no consequences, and governments are restricted by courts and legislatures when they try to protect us from the "externalities" of business transactions.
"Vacant buildings in foreclosure with mortgages backed by Fannie Mae and Freddie Mac do not have to follow Chicago’s vacant building ordinance, a federal judge has ruled. The decision, filed Friday in Chicago by U.S. District Court Judge Thomas Durkin, deals a blow to the city, which is trying to grapple with thousands of empty buildings caught up in a lengthy foreclosure process and dragging down neighborhoods. It also has national implications. More than 1,000 municipalities around the country, by one count, have laws that require the registration and maintenance of vacant properties."
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The ordinance requires the building owner to pay a $500 fee, among other things, and the judge saw this as an effort by the city to tax the federal government, which has been unconstitutional since McCulloch v. Maryland in 1819. This is just a district court so it isn't a precedent for any other court, but it could encourage the feds to try the same argument elsewhere. That's unfortunate, because cities need some way to address this problem. We live in a society where it seems that financial institutions can do whatever they want with no consequences, and governments are restricted by courts and legislatures when they try to protect us from the "externalities" of business transactions.
Sunday, August 25, 2013
8 Ways Privatization Has Failed America | Common Dreams
8 Ways Privatization Has Failed America | Common Dreams
This is an article by Paul Buchheit that talks about health care, water, internet/tv/phone service, transportation, banking, prisons, education, and consumer protection regulation. You can also watch him on YouTube. He teaches in the School for New Learning at DePaul University in Chicago.
This is an article by Paul Buchheit that talks about health care, water, internet/tv/phone service, transportation, banking, prisons, education, and consumer protection regulation. You can also watch him on YouTube. He teaches in the School for New Learning at DePaul University in Chicago.
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