Governance of Property Owners Associations
Here is Don Nordeen's new weblog on this topic.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Tuesday, October 04, 2005
Governor signs bills protecting members of homeowner associations
Fred Pilot passed this along. A big event in the Golden State...
Homeowner associations will be required to use secret ballots when electing board members or imposing levy increases, under a bill signed Monday by Gov. Arnold Schwarzenegger. The bill, authored by Sen. Jim Battin, R-Palm Desert, stemmed from complaints from homeowners who said some associations require identification in elections that can lead to unwanted lobbying or even intimidation by fellow members. Homeowner associations will be required to make financial and other important records available to members under legislation from Assemblyman Dave Jones, D-Sacramento, that was also signed by the governor. Finally, the governor signed a bill from Sen. Denise Ducheny, D-San Diego, that prevents homeowners' associations from using foreclosure when a homeowner owes less than $1,800 in assessments.
Fred Pilot passed this along. A big event in the Golden State...
Homeowner associations will be required to use secret ballots when electing board members or imposing levy increases, under a bill signed Monday by Gov. Arnold Schwarzenegger. The bill, authored by Sen. Jim Battin, R-Palm Desert, stemmed from complaints from homeowners who said some associations require identification in elections that can lead to unwanted lobbying or even intimidation by fellow members. Homeowner associations will be required to make financial and other important records available to members under legislation from Assemblyman Dave Jones, D-Sacramento, that was also signed by the governor. Finally, the governor signed a bill from Sen. Denise Ducheny, D-San Diego, that prevents homeowners' associations from using foreclosure when a homeowner owes less than $1,800 in assessments.
Monday, October 03, 2005
The Basic Laws of Human Stupidity--by Carlo M. Cipolla, Professor of Economics, UC Berkeley
I found this on FARK while taking a short break from grading papers and decided that it is required reading for everybody interested in HOAs.
I found this on FARK while taking a short break from grading papers and decided that it is required reading for everybody interested in HOAs.
Sunday, October 02, 2005
More states have enacted construction-defect statutes that can benefit you...
...if you are a developer or contractor--if you are an owner...well, maybe you might feel differently about these laws. Thanks to Nancy Levy for this article from a roofers publication.
During the past three years, about half the U.S. states have enacted so-called "construction-defect" or "right-to-cure" statutes. These statutes, which apply almost exclusively to residential construction (with Colorado and Tennessee being exceptions), are intended to try to reduce the amount of construction litigation by providing contractors with notice and a right to correct alleged construction defects before homeowners or condominium associations file suit.
...if you are a developer or contractor--if you are an owner...well, maybe you might feel differently about these laws. Thanks to Nancy Levy for this article from a roofers publication.
During the past three years, about half the U.S. states have enacted so-called "construction-defect" or "right-to-cure" statutes. These statutes, which apply almost exclusively to residential construction (with Colorado and Tennessee being exceptions), are intended to try to reduce the amount of construction litigation by providing contractors with notice and a right to correct alleged construction defects before homeowners or condominium associations file suit.
Saturday, October 01, 2005
Study: Sun's Changes to Blame for Part of Global Warming
Somebody tell Al Gore about this...
Increased output from the Sun might be to blame for 10 to 30 percent of global warming that has been measured in the past 20 years, according to a new report. Increased emissions of carbon dioxide and other heat-trapping gases still play a role, the scientists say. But climate models of global warming should be corrected to better account for changes in solar activity, according to Nicola Scafetta and Bruce West of Duke University.
Somebody tell Al Gore about this...
Increased output from the Sun might be to blame for 10 to 30 percent of global warming that has been measured in the past 20 years, according to a new report. Increased emissions of carbon dioxide and other heat-trapping gases still play a role, the scientists say. But climate models of global warming should be corrected to better account for changes in solar activity, according to Nicola Scafetta and Bruce West of Duke University.
New Orleans returnees face health risks--Contaminated water, mold among problems
Contaminated water, mold and the dusty sediment left behind when the city was pumped dry are some of the key health threats facing residents, according to Dr. Frederick Cerise, the head of the Louisiana Department of Health and Hospitals.
Contaminated water, mold and the dusty sediment left behind when the city was pumped dry are some of the key health threats facing residents, according to Dr. Frederick Cerise, the head of the Louisiana Department of Health and Hospitals.
Wednesday, September 28, 2005
local6.com - News - Cemetery Plots Are Orlando's Newest Land Rush
A little irony noted by Nancy Levy in this headline and the subhead, which reads, "Plots Selling Faster Than Downtown Condos."
A little irony noted by Nancy Levy in this headline and the subhead, which reads, "Plots Selling Faster Than Downtown Condos."
SOUTH FLORIDA: Condo ombudsman opens office in Broward County
From Fred Pilot by way of Patrick's HOA News comes this story about Virgil Rizzo setting up shop in condo-heavy Broward County, Florida. Are there any hanging chads involved?
Florida's condominium ombudsman now has an office in South Florida, home to more condos than any other area in the state. And for the first time, Virgil Rizzo also has a Broward County phone number, 954-202-3234, so callers no longer have to call Tallahassee to reach him, something many owners were reluctant to do.
From Fred Pilot by way of Patrick's HOA News comes this story about Virgil Rizzo setting up shop in condo-heavy Broward County, Florida. Are there any hanging chads involved?
Florida's condominium ombudsman now has an office in South Florida, home to more condos than any other area in the state. And for the first time, Virgil Rizzo also has a Broward County phone number, 954-202-3234, so callers no longer have to call Tallahassee to reach him, something many owners were reluctant to do.
Citizens tout neighborhood bill of rights
Nancy Levy sent this piece along, and it makes for fascinating reading.
A proposed “neighborhood bill of rights” is getting a warm reception from Santa Fe residents fed up with what they say are unanticipated developments, unwarranted infill and “rogue commerce” in their neighborhoods . The Public Works Committee on Monday endorsed the proposal after a dozen people, many of them officers in local neighborhood associations, spoke in favor of it... This resolution, sponsored by four of the eight councilors, says each neighborhood has a right to: Determine its own character and quality of life. Be a safe, healthy place to live and raise families. Have an equitable share of city services and capital improvements. Have adequate notice and timely information on decisions affecting it. Have input into city decisions affecting it. Have the city protect residents’ fiscal and “emotional” investments. The resolution would direct city staff to ensure neighborhoods and developers get equal consideration in the development-review process, to assist neighborhoods in developing plans, to determine their character and needs, and to enforce all sections of city code that protect residents against hazards and nuisances.
Nancy Levy sent this piece along, and it makes for fascinating reading.
A proposed “neighborhood bill of rights” is getting a warm reception from Santa Fe residents fed up with what they say are unanticipated developments, unwarranted infill and “rogue commerce” in their neighborhoods . The Public Works Committee on Monday endorsed the proposal after a dozen people, many of them officers in local neighborhood associations, spoke in favor of it... This resolution, sponsored by four of the eight councilors, says each neighborhood has a right to: Determine its own character and quality of life. Be a safe, healthy place to live and raise families. Have an equitable share of city services and capital improvements. Have adequate notice and timely information on decisions affecting it. Have input into city decisions affecting it. Have the city protect residents’ fiscal and “emotional” investments. The resolution would direct city staff to ensure neighborhoods and developers get equal consideration in the development-review process, to assist neighborhoods in developing plans, to determine their character and needs, and to enforce all sections of city code that protect residents against hazards and nuisances.
Monster Mold Threatens Health in the South
This is a huge problem in the best of conditions. Imagine it in the aftermath of two monster hurricanes.
Mold now forms an interior version of kudzu in the soggy South, posing health dangers that will make many homes tear-downs and will force schools and hospitals to do expensive repairs. It's a problem that any homeowner who has ever had a flooded basement or a leaky roof has faced. But the magnitude of this problem leaves many storm victims prey to unscrupulous or incompetent remediators. Home test kits for mold, for example, are worthless, experts say.
This is a huge problem in the best of conditions. Imagine it in the aftermath of two monster hurricanes.
Mold now forms an interior version of kudzu in the soggy South, posing health dangers that will make many homes tear-downs and will force schools and hospitals to do expensive repairs. It's a problem that any homeowner who has ever had a flooded basement or a leaky roof has faced. But the magnitude of this problem leaves many storm victims prey to unscrupulous or incompetent remediators. Home test kits for mold, for example, are worthless, experts say.
Monday, September 26, 2005
Existing home sales rise in August
WASHINGTON (Reuters) - Sales of existing U.S. homes rose 2 percent in August to the second highest level on record, a trade group said on Monday. Sales of previously owned homes increased to a seasonally adjusted 7.29 million unit annual rate last month from July's downwardly revised 7.15 million unit pace, the National Association of Realtors said. That figure includes both single-family homes and condominiums.
WASHINGTON (Reuters) - Sales of existing U.S. homes rose 2 percent in August to the second highest level on record, a trade group said on Monday. Sales of previously owned homes increased to a seasonally adjusted 7.29 million unit annual rate last month from July's downwardly revised 7.15 million unit pace, the National Association of Realtors said. That figure includes both single-family homes and condominiums.
Ruckus over tape recordings disrupt homeowners association
Nancy Levy sent this slice of HOA life, about a man who was arrested for having the temerity to audiotape an HOA meeting. To those folks who keep asking me how an HOA is any different than a normal city, I reply: show me one guy who got arrested for taping a city council meeting. Why on earth any municipal police department would do the bidding of these HOA mucky-mucks I'll never know. Read the justification given for this ridiculous policy and then tell me we don't need major reform of this institution.
Feel free to take notes at Phoenix Pointe South Mountain Residential Association meetings, but be advised that recording them could have consequences. It did for board member Mike Harris, who says he was arrested. At the association's July 11 meeting, board members took the unusual step of calling Pointe South Mountain Resort security after one of their own Harris. A board member for the past two years, Harris was removed from the premises after he refused to turn off his tape recorder just before the meeting began. The security in turn dispatched a Phoenix police officer who asked Harris to turn off the tape recorder. Still refusing to shut it off, Harris said he was placed under arrest and handcuffed...Association board vice president Jane Karkosky said she objects to being tape recorded out of fear that board members will have to spend time reviewing tapes of lengthy meetings and be weighed down by minutiae.
Nancy Levy sent this slice of HOA life, about a man who was arrested for having the temerity to audiotape an HOA meeting. To those folks who keep asking me how an HOA is any different than a normal city, I reply: show me one guy who got arrested for taping a city council meeting. Why on earth any municipal police department would do the bidding of these HOA mucky-mucks I'll never know. Read the justification given for this ridiculous policy and then tell me we don't need major reform of this institution.
Feel free to take notes at Phoenix Pointe South Mountain Residential Association meetings, but be advised that recording them could have consequences. It did for board member Mike Harris, who says he was arrested. At the association's July 11 meeting, board members took the unusual step of calling Pointe South Mountain Resort security after one of their own Harris. A board member for the past two years, Harris was removed from the premises after he refused to turn off his tape recorder just before the meeting began. The security in turn dispatched a Phoenix police officer who asked Harris to turn off the tape recorder. Still refusing to shut it off, Harris said he was placed under arrest and handcuffed...Association board vice president Jane Karkosky said she objects to being tape recorded out of fear that board members will have to spend time reviewing tapes of lengthy meetings and be weighed down by minutiae.
Fire Marshal's Office Completes Investigation Of Downtown Condo
Interesting situation, sent on by Nancy Levy. The article has links to previous items on the matter...
ORLANDO, Fla. -- The State Fire Marshall's Office completed its investigation into fire suppression water lines at The Grande condominiums in downtown Orlando.The investigation report found no reason to believe the underground water lines at the property were compromised during the building process. They also found that allegedly forged documents were not intentionally doctored to pass fire inspections. A former city inspector is currently suing the city of Orlando claiming she was fired for blowing the whistle on questionable fire inspections at the condos.
Interesting situation, sent on by Nancy Levy. The article has links to previous items on the matter...
ORLANDO, Fla. -- The State Fire Marshall's Office completed its investigation into fire suppression water lines at The Grande condominiums in downtown Orlando.The investigation report found no reason to believe the underground water lines at the property were compromised during the building process. They also found that allegedly forged documents were not intentionally doctored to pass fire inspections. A former city inspector is currently suing the city of Orlando claiming she was fired for blowing the whistle on questionable fire inspections at the condos.
Thursday, September 22, 2005
It's Bush's fault!!
BATON ROUGE, La. (AP) - Police found cases of food, clothing and tools intended for hurricane victims at the home of the chief administrative officer for a New Orleans suburb, authorities said Wednesday.Officers searched Cedric Floyd's home because of complaints that city workers were helping themselves to donations for hurricane victims. Floyd, who runs the day-to-day operations in the suburb of Kenner, was in charge of distributing the goods.
BATON ROUGE, La. (AP) - Police found cases of food, clothing and tools intended for hurricane victims at the home of the chief administrative officer for a New Orleans suburb, authorities said Wednesday.Officers searched Cedric Floyd's home because of complaints that city workers were helping themselves to donations for hurricane victims. Floyd, who runs the day-to-day operations in the suburb of Kenner, was in charge of distributing the goods.
Real estate prices force Aspen Board of Realtors to move their office out of Aspen
I think this is one of the signs of the Apocalypse. And no, I didn't get this from The Onion.
ASPEN, Colo. --Sky high real estate prices in this resort city in the mountains have driven yet another business out of town: The Aspen Board of Realtors.The board was renting an office at the Aspen airport because of the cost of real estate in the city, where even a small house can cost $1 million. Now, the board has purchased a spacious office in Basalt, 10 miles from Aspen, said Brynne Kristan, executive vice president of the board. Kristan said the board had hoped to own its own office in Aspen: "We thought we'd be real estate owners ourselves," Kristan said.
I think this is one of the signs of the Apocalypse. And no, I didn't get this from The Onion.
ASPEN, Colo. --Sky high real estate prices in this resort city in the mountains have driven yet another business out of town: The Aspen Board of Realtors.The board was renting an office at the Aspen airport because of the cost of real estate in the city, where even a small house can cost $1 million. Now, the board has purchased a spacious office in Basalt, 10 miles from Aspen, said Brynne Kristan, executive vice president of the board. Kristan said the board had hoped to own its own office in Aspen: "We thought we'd be real estate owners ourselves," Kristan said.
Wednesday, September 21, 2005
Guardian: Hurricane aid used 'to test out rightwing social policies'
President Bush's multi-billion dollar reconstruction plans in the wake of Hurricane Katrina are being used as "a vast laboratory" for conservative social polices, administration critics claim. The White House strategy involves the suspension of a series of regulations guaranteeing the going local wage and affirmative action for minorities, while offering tax incentives for businesses in the affected region. Education aid for displaced children will include $500m (£276m) in vouchers for private schools, while a senior Republican has also proposed a new law permitting a wide-ranging waiver of environmental regulations.
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Add to that a homeownership initiative that will involve zillions of condo and townhome units, all with private governments run by poor people with no education. Just what New Orleans needs.
We are looking at an effort to transform an entire city. I think the rhetoric is that they are taking probably the worst city-sized example of failed welfare state policies and using ideas from the Republican playbook to make it into a success. If this works, we will have a new paradigm for urban renewal. If it doesn't work--and I can think of one other Bush administration transformative effort that isn't going according to plan--then what? I suppose we will hear that having started we can't stop or even talk about stopping or changing course, because that will only embolden the terrorists. Oops. That's the other example.
President Bush's multi-billion dollar reconstruction plans in the wake of Hurricane Katrina are being used as "a vast laboratory" for conservative social polices, administration critics claim. The White House strategy involves the suspension of a series of regulations guaranteeing the going local wage and affirmative action for minorities, while offering tax incentives for businesses in the affected region. Education aid for displaced children will include $500m (£276m) in vouchers for private schools, while a senior Republican has also proposed a new law permitting a wide-ranging waiver of environmental regulations.
---------------------
Add to that a homeownership initiative that will involve zillions of condo and townhome units, all with private governments run by poor people with no education. Just what New Orleans needs.
We are looking at an effort to transform an entire city. I think the rhetoric is that they are taking probably the worst city-sized example of failed welfare state policies and using ideas from the Republican playbook to make it into a success. If this works, we will have a new paradigm for urban renewal. If it doesn't work--and I can think of one other Bush administration transformative effort that isn't going according to plan--then what? I suppose we will hear that having started we can't stop or even talk about stopping or changing course, because that will only embolden the terrorists. Oops. That's the other example.
Tuesday, September 20, 2005
Proposed subdivision sparks debate
Nancy Levy sends this interesting public/private controversy with lots of juicy details...
Nancy Levy sends this interesting public/private controversy with lots of juicy details...
Homeowners up in arms over HOA: HOA say rules are to improve neighborhood
From Nancy Levy comes this saga of disgruntled HOA residents who say their HOA is turning them into Stepford people...
Kathy Krueger is fed up. The Sun City West resident says the Home Owners Association Board is turning her Sonora neighborhood of 182 homes into a "Stepford" enclave with clipboard-wielding monitors who check weekly for violators. "Our president and vice president keep imposing stricter covenants," said Ms. Krueger, who moved into her Maya Court home in 2002. "They are arbitrarily changing the rules." The Sonora HOA president, Ken Foley, denied the charges.
From Nancy Levy comes this saga of disgruntled HOA residents who say their HOA is turning them into Stepford people...
Kathy Krueger is fed up. The Sun City West resident says the Home Owners Association Board is turning her Sonora neighborhood of 182 homes into a "Stepford" enclave with clipboard-wielding monitors who check weekly for violators. "Our president and vice president keep imposing stricter covenants," said Ms. Krueger, who moved into her Maya Court home in 2002. "They are arbitrarily changing the rules." The Sonora HOA president, Ken Foley, denied the charges.
Monday, September 19, 2005
Critics Fear Trailer 'Ghettos': Right, Left Target FEMA Initiative
On the sprawling, dusty grounds of Lone Star Army Ammunition Plant and Red River Army Depot in Texarkana, Tex., the recreational vehicles and mobile homes are arriving at a rate of 100 a day before being shipped out to the fringes of Hurricane Katrina's disaster zone. Those trailers, among 300,000 to be purchased with nearly $5 billion of federal money, have become a focal point of criticism of the Bush administration's early rebuilding efforts.
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With another hurricane bearing down on the region, putting people in trailers doesn't seem like a real great idea. In the long term, watch for the rebuilding of New Orleans to be a huge boon to developers who specialize in common interest housing. Condos, townhomes, HOPE VI-type mixed income developments--the sort of thing that the feds did to replace public housing projects in Chicago such as Cabrini Green.
On the sprawling, dusty grounds of Lone Star Army Ammunition Plant and Red River Army Depot in Texarkana, Tex., the recreational vehicles and mobile homes are arriving at a rate of 100 a day before being shipped out to the fringes of Hurricane Katrina's disaster zone. Those trailers, among 300,000 to be purchased with nearly $5 billion of federal money, have become a focal point of criticism of the Bush administration's early rebuilding efforts.
----------------
With another hurricane bearing down on the region, putting people in trailers doesn't seem like a real great idea. In the long term, watch for the rebuilding of New Orleans to be a huge boon to developers who specialize in common interest housing. Condos, townhomes, HOPE VI-type mixed income developments--the sort of thing that the feds did to replace public housing projects in Chicago such as Cabrini Green.
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