Justice Watch: Suit Claims D.R. Horton Left Miami Gardens HOA In A Mess | Daily Business Review: "D.R. Horton Inc. markets itself as "America's homebuilder."
On its website, the Fort Worth, Texas-based company advertises it will make residents' dreams come true.
At Majorca Isles in Miami Gardens, that dream has taken on the qualities of a nightmare with broken front gates and random garbage piles left by outsiders. There's also a padlocked, half-finished park choked with weeds and a malfunctioning heated pool, which usually is under repair and sometimes green. Not to mention the gym, where equipment has not been maintained properly.
In a Jan. 29 lawsuit filed in Bankruptcy Court, the court-appointed trustee for the master homeowner association alleges D.R. Horton left the HOA in financial shambles, essentially abandoning the project when the housing market collapsed.
The trustee, forensic accountant Barry Mukamal, a partner at Marcum in Miami, is a seasoned bankruptcy veteran. He said he's never seen a builder undercut an HOA and community like D.R. Horton did at Majorca Isles."
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Really? Come on up here and look at what Neumann Homes did to Clublands in Antioch, IL
Saturday, March 29, 2014
Friday, March 28, 2014
Residents of Struggling Cities Opt to Skip Town | FiveThirtyEight
Residents of Struggling Cities Opt to Skip Town | FiveThirtyEight:
"Eighteen U.S. metro areas had unemployment rates of 12 percent or higher in 2012, according to the Bureau of Labor Statistics, and all but three of them saw a net decline in migration — that is, they saw more people move out than move in.
These cities are overwhelmingly in inland California, where the collapse of the housing bubble left deep and lasting scars. California accounts for 13 of the 18 cities with unemployment rates of 12 percent or above,2 and for 18 of the 56 with unemployment rates in the double digits." [emphasis added]
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Many cities, large and small, are dealing with multiple problems--unemployed residents, cratered housing markets, vanishing employers, increased social service and pension costs-that make them unable to deal with maintaining public infrastructure. This problem is one reason cities have been promoting CID housing, with its private infrastructure. But that crutch isn't working all that well presently. It has been obvious for years that HOAs and condos will be dealing with their own private infrastructure crisis, and that is happening right now.
"Eighteen U.S. metro areas had unemployment rates of 12 percent or higher in 2012, according to the Bureau of Labor Statistics, and all but three of them saw a net decline in migration — that is, they saw more people move out than move in.
These cities are overwhelmingly in inland California, where the collapse of the housing bubble left deep and lasting scars. California accounts for 13 of the 18 cities with unemployment rates of 12 percent or above,2 and for 18 of the 56 with unemployment rates in the double digits." [emphasis added]
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Many cities, large and small, are dealing with multiple problems--unemployed residents, cratered housing markets, vanishing employers, increased social service and pension costs-that make them unable to deal with maintaining public infrastructure. This problem is one reason cities have been promoting CID housing, with its private infrastructure. But that crutch isn't working all that well presently. It has been obvious for years that HOAs and condos will be dealing with their own private infrastructure crisis, and that is happening right now.
Bill aims to resolve conflict over homeowner association managers
Bill aims to resolve conflict over homeowner association managers:
"Attorneys say community managers are doing more things, like filling out legal paperwork, that rightly should be done by qualified lawyers.
Managers, and the homeowners they work for, counter that they should be allowed to fill out forms without the expense of an attorney, which is sure to increase association fees."
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"Attorneys say community managers are doing more things, like filling out legal paperwork, that rightly should be done by qualified lawyers.
Managers, and the homeowners they work for, counter that they should be allowed to fill out forms without the expense of an attorney, which is sure to increase association fees."
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Thursday, March 27, 2014
Drought battle focuses on homeowner rules, meters | UTSanDiego.com
Drought battle focuses on homeowner rules, meters | UTSanDiego.com
"With California in the grips of a prolonged dry spell, state lawmakers are looking to grant members of homeowner associations the freedom to plant drought-resistant landscaping without the fear of fines. One cornerstone bill cleared its first hurdle Wednesday when the Assembly Committee on Housing and Community Development approved legislation carried by Assemblywoman Lorena Gonzalez, D-San Diego. Her bill seeks to override some homeowner association (HOA) regulations that effectively require residents to keep lawns and other water-guzzling landscapes pristine — even during dry spells. “Homeowners who install plants that are less water-intensive should not be penalized for recognizing California’s water crisis and proactively conserving,” Gonzalez told the committee."
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Of course, CAI is against it. Unbelievable. Absolutely unbelievable.
"With California in the grips of a prolonged dry spell, state lawmakers are looking to grant members of homeowner associations the freedom to plant drought-resistant landscaping without the fear of fines. One cornerstone bill cleared its first hurdle Wednesday when the Assembly Committee on Housing and Community Development approved legislation carried by Assemblywoman Lorena Gonzalez, D-San Diego. Her bill seeks to override some homeowner association (HOA) regulations that effectively require residents to keep lawns and other water-guzzling landscapes pristine — even during dry spells. “Homeowners who install plants that are less water-intensive should not be penalized for recognizing California’s water crisis and proactively conserving,” Gonzalez told the committee."
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Of course, CAI is against it. Unbelievable. Absolutely unbelievable.
Wednesday, March 26, 2014
Dade City HOA loses suit, can’t charge for legal fees
Dade City HOA loses suit, can’t charge for legal fees
"DADE CITY — The neighborhood at the center of a costly dispute over wheelchair accessto its homeowners association meetings has no legal authority to assess homeowners for its mounting legal bills, a Pasco County judge has ruled.
Judge William Sestak agreed with three Bayhead Landings homeowners that the association board failed to follow its own procedures for extending the neighborhood deed restrictions in 2010. He issued a court order Monday ruling that the deed restrictions and covenants expired three years ago."
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Tuesday, March 25, 2014
Dade City HOA loses suit, can’t charge for legal fees
Dade City HOA loses suit, can’t charge for legal fees: The association’s legal bills reached “upwards of $70,000,” according to a letter signed by all three board members. The board passed a special assessment, charging property owners thousands of dollars to pay the legal bills.
DiCiollo said he paid the first two assessments, but when the board passed a third special assessment, he asked for documentation of the expenses. “We can’t get our hands on these billings,” he said. “Every time I ask to see them, the board members say it’s attorney-client privilege.”
That’s when he and two other homeowners sought to have the community association disbanded by the court.
In his final order, Sestak wrote that he could find “no genuine issues to any material fact” that Bayhead Landings used an improper method to extend its deed restrictions, as alleged, before they were set to expire on Jan. 1, 2011. “Thus the deed restrictions were not properly extended and have expired.”
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Sorry, the judge rules. You're on your own for attorneys fees. The CC&Rs have reached their "use by" date.
DiCiollo said he paid the first two assessments, but when the board passed a third special assessment, he asked for documentation of the expenses. “We can’t get our hands on these billings,” he said. “Every time I ask to see them, the board members say it’s attorney-client privilege.”
That’s when he and two other homeowners sought to have the community association disbanded by the court.
In his final order, Sestak wrote that he could find “no genuine issues to any material fact” that Bayhead Landings used an improper method to extend its deed restrictions, as alleged, before they were set to expire on Jan. 1, 2011. “Thus the deed restrictions were not properly extended and have expired.”
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Sorry, the judge rules. You're on your own for attorneys fees. The CC&Rs have reached their "use by" date.
Sunday, March 23, 2014
Are the Suburbs Making People Live Paycheck to Paycheck? - Matthew O'Brien - The Atlantic
Are the Suburbs Making People Live Paycheck to Paycheck? - Matthew O'Brien - The Atlantic
Interesting analysis that points toward conclusion that people buy more house than they can afford because they want to live in certain school districts. It also could explain why HOA assessments go unpaid when money gets tight.
Interesting analysis that points toward conclusion that people buy more house than they can afford because they want to live in certain school districts. It also could explain why HOA assessments go unpaid when money gets tight.
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