Appeals court panel ends L.A. ban on homeless living in vehicles--Los Angeles Times
"A three-judge panel of the U.S. 9th Circuit Court of Appeals decided unanimously Thursday that a city ordinance prohibiting people from living in vehicles was unconstitutionally vague. That ruling followed a 9th Circuit decision in 2012 that prevented Los Angeles from confiscating and destroying possessions that homeless people leave temporarily on sidewalks. Both ordinances had been enforced, along with other policies, to help the city cope with a homeless population now estimated at 36,000 to 54,000...Unlike cities that bar overnight parking or sleeping in vehicles, Los Angeles prohibited people from using a vehicle parked on a city street or in a parking lot owned by the city or the county Department of Beaches and Harbors as "living quarters" — both overnight and "day-by-day, or otherwise." The 9th Circuit said the law failed to define "living quarters" or specify what "otherwise" meant."
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Where does LA think the homeless should live? I think the answer is "somewhere else." The NIMBY mentality is especially repellent when it comes to homelessness, because public policies have a lot to do with homelessness. The three main causes of homelessness are lack of affordable housing, unemployment, and poverty. All of these are directly influenced by public policies. Local governments are more concerned about their property tax base than about making sure there is a range of affordable housing. There are few options for people with low income who experience that one last misfortune and end up out on the street. Often they have no place to sleep except in a car.
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 21, 2014
Friday, June 20, 2014
Tenants caught in quagmire of homeowners association foreclosures | Tampa Bay Times
Tenants caught in quagmire of homeowners association foreclosures | Tampa Bay Times: During the recession, many Floridians fell behind on their payments not only to the banks but also to their homeowners associations. The HOAs, many of them struggling to keep up with maintenance and other expenses, foreclosed on thousands of homes to limit their losses. That created a lucrative opportunity for investors.
Here's how it works: After the homeowners association forecloses, the property is put up for auction. The property title goes to the highest bidder, usually for the amount of fees owed, often just a few thousand dollars. The winning bidders don't really own the houses but can rent them out until the banks finally foreclose and take the homes. The whole process is enabled by the glacially slow Florida foreclosure system, which takes an average of 935 days from start to finish.
While the investors rake in big profits, many of the homes languish in disrepair, causing more problems for the HOAs and discomfort for the tenants.
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This story illustrates a major downside of allowing HOAs for foreclose for delinquent assessment sums orders of magnitude below the typical mortgage arrearage. Here it works like the pitch of those real estate infomercials: get in for little money and make big profits.
Here's how it works: After the homeowners association forecloses, the property is put up for auction. The property title goes to the highest bidder, usually for the amount of fees owed, often just a few thousand dollars. The winning bidders don't really own the houses but can rent them out until the banks finally foreclose and take the homes. The whole process is enabled by the glacially slow Florida foreclosure system, which takes an average of 935 days from start to finish.
While the investors rake in big profits, many of the homes languish in disrepair, causing more problems for the HOAs and discomfort for the tenants.
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This story illustrates a major downside of allowing HOAs for foreclose for delinquent assessment sums orders of magnitude below the typical mortgage arrearage. Here it works like the pitch of those real estate infomercials: get in for little money and make big profits.
Tow-truck driver gets 26 years in death over parking boot - Post and Courier
Tow-truck driver gets 26 years in death over parking boot - Post and Courier:
"Olivera was dropping off Christmas presents at his brother's house in Bluffton and parked on the street because the driveway was full. The homeowners' association doesn't allow parking on the street, and Oates put a boot on the minivan.
Olivera and his brother pleaded with Oates to remove the boot and let them move the van. Olivera showed that he was carrying a handgun but put it away after his older brother told him that it wasn't necessary, according to his brother's testimony.
While Olivera's brother tried to remove the boot, Oates shot Olivera six times, including five times in the back, according to prosecutors."
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So here we have HOA craziness combined with gun craziness. An awful combination.
"Olivera was dropping off Christmas presents at his brother's house in Bluffton and parked on the street because the driveway was full. The homeowners' association doesn't allow parking on the street, and Oates put a boot on the minivan.
Olivera and his brother pleaded with Oates to remove the boot and let them move the van. Olivera showed that he was carrying a handgun but put it away after his older brother told him that it wasn't necessary, according to his brother's testimony.
While Olivera's brother tried to remove the boot, Oates shot Olivera six times, including five times in the back, according to prosecutors."
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So here we have HOA craziness combined with gun craziness. An awful combination.
Mayo: Elias Konwufine tragedy — parking at home shouldn't bring tow, or death - Sun Sentinel
Mayo: Elias Konwufine tragedy — parking at home shouldn't bring tow, or death - Sun Sentinel:
I don't know how he ended up under the wheels of the car, but the dispute is one of these absurd things that happens all the time in associations. You can't park in front of your own home without getting towed, even for a short time, even if nobody complains. Ridiculous.
"After a dispute with the tow driver, Konwufine apparently was run over by his Mercedes as it was being hauled away.
Konwufine was a married father of three, a professor and associate dean at Keiser University. When he came home Jan. 16, his autistic son's tutor was parked in the second spot in his driveway. So Konwufine pulled in behind, jutting onto the sidewalk and swale area.
Apparently, in the Sienna Greens community where he lived, that was a towable offense.
"He was going to be there, what, maybe an hour?" said Dean Freeman, attorney for the Konwufine family.
Konwufine wasn't blocking any neighbors. He wasn't bothering anybody. If someone was walking down the sidewalk, they'd maybe have to go 10 feet out of their way to get around his car...Freeman said the homeowners association had a contract with Superior Lock and Roadside Assistance to tow parking violators. The tow company apparently performed its job with relish, with residents saying trucks roamed the area looking for cars to tow – and revenue to generate. A woman who answered the phone at Superior on Wednesday said, "I'm not interested in talking." Freeman said the deadly incident was a case of "surfing" by the tow driver, which is banned by the new county ordinance. He said nobody complained about Konwufine's parked car: "No one has stepped forward to say they called the tow yard.""
I don't know how he ended up under the wheels of the car, but the dispute is one of these absurd things that happens all the time in associations. You can't park in front of your own home without getting towed, even for a short time, even if nobody complains. Ridiculous.
"After a dispute with the tow driver, Konwufine apparently was run over by his Mercedes as it was being hauled away.
Konwufine was a married father of three, a professor and associate dean at Keiser University. When he came home Jan. 16, his autistic son's tutor was parked in the second spot in his driveway. So Konwufine pulled in behind, jutting onto the sidewalk and swale area.
Apparently, in the Sienna Greens community where he lived, that was a towable offense.
"He was going to be there, what, maybe an hour?" said Dean Freeman, attorney for the Konwufine family.
Konwufine wasn't blocking any neighbors. He wasn't bothering anybody. If someone was walking down the sidewalk, they'd maybe have to go 10 feet out of their way to get around his car...Freeman said the homeowners association had a contract with Superior Lock and Roadside Assistance to tow parking violators. The tow company apparently performed its job with relish, with residents saying trucks roamed the area looking for cars to tow – and revenue to generate. A woman who answered the phone at Superior on Wednesday said, "I'm not interested in talking." Freeman said the deadly incident was a case of "surfing" by the tow driver, which is banned by the new county ordinance. He said nobody complained about Konwufine's parked car: "No one has stepped forward to say they called the tow yard.""
Man says apartment complex called his US flag a ‘threat to Muslim community’ | khou.com Houston
Man says apartment complex called his US flag a ‘threat to Muslim community’ | khou.com Houston:
But the manager says they already have a flag at the apartment complex.
"WEBSTER, Texas -- A Webster man says his apartment complex manager told him his American flag was a “threat to the Muslim community,” and that he has to take it down. But he’s not giving up without a fight.
Stepping onto Duy Tran's balcony in Webster, one thing is clear: "It means a lot to me," he said.
He's talking about his American flag that he proudly put up when he moved in just a few days ago. But then an apartment manager at the Lodge on El Dorado told him he had to take it down.
"What really stunned me is that she said it’s a threat towards the Muslim community,” said Tran. “I’m not a threat toward anybody."
But the manager says they already have a flag at the apartment complex.
"WEBSTER, Texas -- A Webster man says his apartment complex manager told him his American flag was a “threat to the Muslim community,” and that he has to take it down. But he’s not giving up without a fight.
Stepping onto Duy Tran's balcony in Webster, one thing is clear: "It means a lot to me," he said.
He's talking about his American flag that he proudly put up when he moved in just a few days ago. But then an apartment manager at the Lodge on El Dorado told him he had to take it down.
"What really stunned me is that she said it’s a threat towards the Muslim community,” said Tran. “I’m not a threat toward anybody."
Thursday, June 19, 2014
Condominium Ownership Is Becoming the American Nightmare
Condominium Ownership Is Becoming the American Nightmare:
"Many homeowners who have bought into the American dream by purchasing a condominium are now regretting that decision, as some find themselves unable to sell or rent their units, while others face court battles with investors trying to force them out of their homes."
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I don't think "is becoming" quite says it. Some of us have been pointing out the problems for a long time.
"Many homeowners who have bought into the American dream by purchasing a condominium are now regretting that decision, as some find themselves unable to sell or rent their units, while others face court battles with investors trying to force them out of their homes."
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I don't think "is becoming" quite says it. Some of us have been pointing out the problems for a long time.
Water Privatization: Coming to a Century Old System Near You?
Water Privatization: Coming to a Century Old System Near You?
From law professor Ellen Dannin--the privatization industry has plenty of clout in Washington these days. We have crumbling infrastructure, governments that are unable either to raise taxes or issue bonds, and vast oceans of private capital.
"The good news is that our more than a century old, dangerously deteriorating water and wastewater systems are about to get long overdue attention. Not only did Congress give the Water Resources Reform and Development Act of 2014 (WRRDA) a landslide vote - House (412-4) and Senate (91-7) - but on June 10, President Obama signed on. WRRDA is bringing joy to the financial industry, construction unions, environmentalists, legislators, the transportation industry and almost anyone or thing connected with water. The only thing that seems to be missing is holding hands and singing "Kumbaya." But, while WRRDA has many long-needed features, the reality is that some parts of the law are seriously problematic."
Sluggish Housing Market A Product Of Millions Of 'Missing Households' : NPR
Sluggish Housing Market A Product Of Millions Of 'Missing Households' : NPR:
"A year ago, the housing market looked like it was finally recovering. Sales and prices were picking up. But then home sales fizzled. Currently, they are down about 7 percent from last spring. A big part of why housing remains so stunted is that there are more than 2 million "missing households" in the U.S. That's how economists describe the fact that fewer people are striking out on their own to find places to live. Instead of renting an apartment or buying a home, a large number of Americans in their 20s and early 30s are living with family or tripling up with roommates. That's because younger Americans are having an especially tough time since the recession."
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Young adults have been abandoned by our policy makers and left to the tender mercies of the worst economy since the 1930s. The difference is that in the 1930s the federal government did everything possible to help working people, but this time around the feds are only concerned about health of big banks and insurance companies, oil companies, big box retailers and other practitioners of grifter capitalism. It is a decision that will reverberate through our economy for the next fifty years.
"A year ago, the housing market looked like it was finally recovering. Sales and prices were picking up. But then home sales fizzled. Currently, they are down about 7 percent from last spring. A big part of why housing remains so stunted is that there are more than 2 million "missing households" in the U.S. That's how economists describe the fact that fewer people are striking out on their own to find places to live. Instead of renting an apartment or buying a home, a large number of Americans in their 20s and early 30s are living with family or tripling up with roommates. That's because younger Americans are having an especially tough time since the recession."
----------------
Young adults have been abandoned by our policy makers and left to the tender mercies of the worst economy since the 1930s. The difference is that in the 1930s the federal government did everything possible to help working people, but this time around the feds are only concerned about health of big banks and insurance companies, oil companies, big box retailers and other practitioners of grifter capitalism. It is a decision that will reverberate through our economy for the next fifty years.
Condo owners in showdown with HOA over plans for $15K charge for repairs | KDVR.com
Condo owners in showdown with HOA over plans for $15K charge for repairs | KDVR.com:
The condo death spiral strikes again. I expect stories like this to become more common every year, as condo buildings (and HOA common elements) wear out and residents discover that (a) they don't have the money in reserves to repair/replace; (b) there is no insurance coverage for wear and tear; (c) they can't get a loan, or it would be prohibitively expensive; and (d) local government or a judge forces them to pay for the repair.
"NORTHGLENN, Colo. — An emergency community meeting in Northglenn Tuesday night pits condo owners against their homeowner’s association (HOA) in Westminster.
Owners of homes at Prospector’s Point are upset with their HOA, which they say has mismanaged their dues—and now they’re forced to pay the price.
CAP Management says homeowners will have to come up with between $5 to $7 million to pay for serious repairs that could affect residents’ and visitors’ health and safety.
There’s the peeling paint, the crumbling sidewalk and disintegrating drywall.
“The property has been neglected for the past 10 years. Partly because of the recession, partly because of poor construction, initially. But now the community is at a state where the city is requiring we do $5 million dollars of work,” says Chris Crigler, of CAP Management, which took over managing the HOA about a year-and-a-half ago."
The condo death spiral strikes again. I expect stories like this to become more common every year, as condo buildings (and HOA common elements) wear out and residents discover that (a) they don't have the money in reserves to repair/replace; (b) there is no insurance coverage for wear and tear; (c) they can't get a loan, or it would be prohibitively expensive; and (d) local government or a judge forces them to pay for the repair.
"NORTHGLENN, Colo. — An emergency community meeting in Northglenn Tuesday night pits condo owners against their homeowner’s association (HOA) in Westminster.
Owners of homes at Prospector’s Point are upset with their HOA, which they say has mismanaged their dues—and now they’re forced to pay the price.
CAP Management says homeowners will have to come up with between $5 to $7 million to pay for serious repairs that could affect residents’ and visitors’ health and safety.
There’s the peeling paint, the crumbling sidewalk and disintegrating drywall.
“The property has been neglected for the past 10 years. Partly because of the recession, partly because of poor construction, initially. But now the community is at a state where the city is requiring we do $5 million dollars of work,” says Chris Crigler, of CAP Management, which took over managing the HOA about a year-and-a-half ago."
Longwood HOA enacts strict anti-bear bylaws | Seminole County
Longwood HOA enacts strict anti-bear bylaws | Seminole County:
After a bear attack, an HOA responded:
"Wingfield North’s new policy states residents can be fined if they don’t use bear resistant trash cans, and if they don’t secure human food sources around their home, like grills and dog food. If residents don’t comply, they can be fined after an initial warning, up to $1,000. The policy also lays out numerous guidelines that it strongly suggests residents adhere to, but they can’t be fined if they don’t comply with those suggestions. But Kaleita says HOA’s in other communities he’s been in contact with are still hesitant to enact bylaws that allow fines for residents that don’t comply."
After a bear attack, an HOA responded:
"Wingfield North’s new policy states residents can be fined if they don’t use bear resistant trash cans, and if they don’t secure human food sources around their home, like grills and dog food. If residents don’t comply, they can be fined after an initial warning, up to $1,000. The policy also lays out numerous guidelines that it strongly suggests residents adhere to, but they can’t be fined if they don’t comply with those suggestions. But Kaleita says HOA’s in other communities he’s been in contact with are still hesitant to enact bylaws that allow fines for residents that don’t comply."
State Health Department A No-Show At Yuba County Mobile Home Park With Flammable Water � CBS Sacramento
State Health Department A No-Show At Yuba County Mobile Home Park With Flammable Water � CBS Sacramento:
But the manager said the water was safe to drink!
"Water from the hose at the Castlewood Mobile Home Park doesn’t look much different from one from any old tap, but after a closer look, you’ll think twice before taking a sip.
Rhonda Little demonstrated the methane levels in her water by pouring a glass and setting it on fire."
But the manager said the water was safe to drink!
"Water from the hose at the Castlewood Mobile Home Park doesn’t look much different from one from any old tap, but after a closer look, you’ll think twice before taking a sip.
Rhonda Little demonstrated the methane levels in her water by pouring a glass and setting it on fire."
Monday, June 16, 2014
Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online
Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online:
The younger generation doesn't know what it's missing, apparently. It seems that retirement communities are the place to score.
"Surrounded by security gates, the self-styled Friendliest Place of Earth looks like a cross between the cult TV series 'The Prisoner' and Jim Carey’s comedy 'The Truman Show.'
There are dozens of mini estates containing row after row of identical bungalows, all with perfectly manicured lawns. Grandchildren can stay no longer than 30 days a year and there are even rules governing garden ornaments and holiday decorations.
Electronic golf carts – often with personalized number plates and flags – are the vehicle of choice because there are no corner shops or supermarkets in walking distance. Special tunnels and bridges enable cart drivers to trundle safely over busy main roads."
The younger generation doesn't know what it's missing, apparently. It seems that retirement communities are the place to score.
"Surrounded by security gates, the self-styled Friendliest Place of Earth looks like a cross between the cult TV series 'The Prisoner' and Jim Carey’s comedy 'The Truman Show.'
There are dozens of mini estates containing row after row of identical bungalows, all with perfectly manicured lawns. Grandchildren can stay no longer than 30 days a year and there are even rules governing garden ornaments and holiday decorations.
Electronic golf carts – often with personalized number plates and flags – are the vehicle of choice because there are no corner shops or supermarkets in walking distance. Special tunnels and bridges enable cart drivers to trundle safely over busy main roads."
Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online
Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online:
The younger generation doesn't know what it's missing, apparently. It seems that retirement communities are the place to score.
"Surrounded by security gates, the self-styled Friendliest Place of Earth looks like a cross between the cult TV series 'The Prisoner' and Jim Carey’s comedy 'The Truman Show.'
There are dozens of mini estates containing row after row of identical bungalows, all with perfectly manicured lawns. Grandchildren can stay no longer than 30 days a year and there are even rules governing garden ornaments and holiday decorations.
Electronic golf carts – often with personalized number plates and flags – are the vehicle of choice because there are no corner shops or supermarkets in walking distance. Special tunnels and bridges enable cart drivers to trundle safely over busy main roads."
The younger generation doesn't know what it's missing, apparently. It seems that retirement communities are the place to score.
"Surrounded by security gates, the self-styled Friendliest Place of Earth looks like a cross between the cult TV series 'The Prisoner' and Jim Carey’s comedy 'The Truman Show.'
There are dozens of mini estates containing row after row of identical bungalows, all with perfectly manicured lawns. Grandchildren can stay no longer than 30 days a year and there are even rules governing garden ornaments and holiday decorations.
Electronic golf carts – often with personalized number plates and flags – are the vehicle of choice because there are no corner shops or supermarkets in walking distance. Special tunnels and bridges enable cart drivers to trundle safely over busy main roads."
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