Radburn board told to install democratic rule; State orders open meetings, votes for homeowners group
From Don Nordeen comes this major event regarding the granddaddy of American HOAs, developed in 1928, the community of Radburn in New Jersey...
FAIR LAWN - The board of trustees that runs the historic Radburn community must adopt open meetings and elections, and provide an appeals process for resolving disputes, according to state officials who have gotten involved in a battle between the board and a group of homeowners. The Radburn Association, the non-profit corporation that governs the community, must provide residents with "the statutory rights afforded all owners in homeowners associations," according to a letter sent to the association in August by Edward Hannaman, the head of the Association Regulation unit of the state Department of Community Affairs.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, October 29, 2005
Thursday, October 27, 2005
Homeowner groups have got the power
Nancy Levy sent along this blunt acknowledgement of the facts of life in Florida.
Nancy Levy sent along this blunt acknowledgement of the facts of life in Florida.
Saturday, October 22, 2005
Village Leaders Contemplate Assessment Increase
Nancy Levy found this example of public/private government line-blurring. Looks like the munical government operates out of office space owned by the association--if I'm reading it right.
BELLA VISTA -- Audience members applauded Thursday when the Property Owners Association's Board of Directors voted to move forward with the renovation of the Bella Vista Country Club building.The clubhouse, which closed to regular business Aug. 1, 2002, will be converted into administrative offices, a small restaurant and common area with seating.General Manager Tommy Bailey hopes the work will be completed by January 2007. The building will serve as offices for several administrative departments, freeing Town Center office space for the Bella Vista Fire Department and the Bella Vista Division of the Benton County Sheriff's Office.
Nancy Levy found this example of public/private government line-blurring. Looks like the munical government operates out of office space owned by the association--if I'm reading it right.
BELLA VISTA -- Audience members applauded Thursday when the Property Owners Association's Board of Directors voted to move forward with the renovation of the Bella Vista Country Club building.The clubhouse, which closed to regular business Aug. 1, 2002, will be converted into administrative offices, a small restaurant and common area with seating.General Manager Tommy Bailey hopes the work will be completed by January 2007. The building will serve as offices for several administrative departments, freeing Town Center office space for the Bella Vista Fire Department and the Bella Vista Division of the Benton County Sheriff's Office.
Thursday, October 20, 2005
Man killed by deer in one of the ritziest gated communities on Earth
A Fairbanks Ranch man died this week after a violent encounter with a buck that was roaming the exclusive gated neighborhood. On Sept. 25, Ron Dudek went into his back yard to pick tomatoes when he unexpectedly came upon a 6-foot-tall deer next to his house. The buck hit him with its antlers in the face, tearing a hole in his cheek and shoving the bony antler into his mouth.
A Fairbanks Ranch man died this week after a violent encounter with a buck that was roaming the exclusive gated neighborhood. On Sept. 25, Ron Dudek went into his back yard to pick tomatoes when he unexpectedly came upon a 6-foot-tall deer next to his house. The buck hit him with its antlers in the face, tearing a hole in his cheek and shoving the bony antler into his mouth.
Tuesday, October 18, 2005
10ft snake popped out of lavatories at block of flats
How inhospitable of these residents. The poor snake was no doubt just trying to get warm. :-)
WHEN residents in a block of flats saw a 10ft boa constrictor slithering from their lavatory bowls, their claims were treated with scepticism. They resorted to placing bricks on lavatory lids after the snake put in several surprise appearances. Now the flat-owners have been vindicated: one brave resident trapped the giant reptile during a night-time confrontation in his bathroom. He managed to coax the snake, named Keith, into a bin, ending a two-month reign of terror at the flats in West Didsbury, Manchester.
How inhospitable of these residents. The poor snake was no doubt just trying to get warm. :-)
WHEN residents in a block of flats saw a 10ft boa constrictor slithering from their lavatory bowls, their claims were treated with scepticism. They resorted to placing bricks on lavatory lids after the snake put in several surprise appearances. Now the flat-owners have been vindicated: one brave resident trapped the giant reptile during a night-time confrontation in his bathroom. He managed to coax the snake, named Keith, into a bin, ending a two-month reign of terror at the flats in West Didsbury, Manchester.
Sunday, October 16, 2005
Private school teacher fired for refusing to display flag
Here's a switch. Private HOAs ban flag display, get bad press. Private school mandates flag display, gets bad press.
"I had come to the end of all the procedures of appeal available to me," [Stephen] Kobasa, 57, said Friday. He said his deep-seated religious belief, not un-American sentiments, was at the core of his opposition to having the flag in the classroom. "The crucifix cancels all flags," said Kobasa, a longtime peace activist. "Christ speaks of compassion without boundaries. ...Flags are about separation, assertions of superiority and aggression. The whole notion that loyalty to country is connected to one's religious faith is totally bizarre and unjustified."
Here's a switch. Private HOAs ban flag display, get bad press. Private school mandates flag display, gets bad press.
"I had come to the end of all the procedures of appeal available to me," [Stephen] Kobasa, 57, said Friday. He said his deep-seated religious belief, not un-American sentiments, was at the core of his opposition to having the flag in the classroom. "The crucifix cancels all flags," said Kobasa, a longtime peace activist. "Christ speaks of compassion without boundaries. ...Flags are about separation, assertions of superiority and aggression. The whole notion that loyalty to country is connected to one's religious faith is totally bizarre and unjustified."
Saturday, October 15, 2005
Edmund N. Bacon, city planner, dies at 95
Bacon was a pretty aggressive planner who had few qualms about advocating major urban redevelopment in Philadelphia, even when it required knocking down a lot of existing buildings. These days people with ambitious plans like that encounter organized preservationists who are determined to keep the old buildings because of their alleged historical significance or because they are deemed essential to the identity existing neighborhoods. Or something.
PHILADELPHIA --Edmund N. Bacon, a renowned city planner whose vision transformed postwar Philadelphia and whose influence continued to shape the look and feel of the nation's fifth-largest city, died Friday. He was 95. Bacon, whose children include actor Kevin Bacon, died of natural causes at his home in Philadelphia, according to a statement from the family.
Bacon was a pretty aggressive planner who had few qualms about advocating major urban redevelopment in Philadelphia, even when it required knocking down a lot of existing buildings. These days people with ambitious plans like that encounter organized preservationists who are determined to keep the old buildings because of their alleged historical significance or because they are deemed essential to the identity existing neighborhoods. Or something.
PHILADELPHIA --Edmund N. Bacon, a renowned city planner whose vision transformed postwar Philadelphia and whose influence continued to shape the look and feel of the nation's fifth-largest city, died Friday. He was 95. Bacon, whose children include actor Kevin Bacon, died of natural causes at his home in Philadelphia, according to a statement from the family.
Friday, October 14, 2005
Auditor: City of Detroit may go broke
This keeps things in perspective, doesn't it? In other news, Detroit Mayor Kwame Kilpatrick appeared in public recently without his diamond ear stud.
With a dwindling tax base, a recalcitrant union work force, and pension and health care benefits it cannot afford, Detroit is running out of money and will not be able to pay its bills if major changes aren't made, according to a report released Thursday by Detroit Auditor General Joe Harris. "The truth is that Detroit's treasury is hemorrhaging," said Harris, whose 10-year term as an independent city auditor appointed by the City Council ends in November. "Insolvency is certain. The only question is the timing."
This keeps things in perspective, doesn't it? In other news, Detroit Mayor Kwame Kilpatrick appeared in public recently without his diamond ear stud.
With a dwindling tax base, a recalcitrant union work force, and pension and health care benefits it cannot afford, Detroit is running out of money and will not be able to pay its bills if major changes aren't made, according to a report released Thursday by Detroit Auditor General Joe Harris. "The truth is that Detroit's treasury is hemorrhaging," said Harris, whose 10-year term as an independent city auditor appointed by the City Council ends in November. "Insolvency is certain. The only question is the timing."
Tuesday, October 11, 2005
Let's put that Kelo decision in perspective...
I've been critical of the USSC decision in Kelo v. City of New London that allowed the use of eminent domain for increasing tax revenue...but this link sent by Nancy Levy shows you eminent domain Russian style. Kind of makes you glad we live in the USA...
Unrelenting in his resolution to purge the banks of the Moskva River of deluxe country houses erected, as he claims, without construction permits, top Natural Resources official Oleg Mitvol has come up with a new plan, no less controversial than his earlier initiatives. He has suggested the developments be washed away by artificially induced floods.
I've been critical of the USSC decision in Kelo v. City of New London that allowed the use of eminent domain for increasing tax revenue...but this link sent by Nancy Levy shows you eminent domain Russian style. Kind of makes you glad we live in the USA...
Unrelenting in his resolution to purge the banks of the Moskva River of deluxe country houses erected, as he claims, without construction permits, top Natural Resources official Oleg Mitvol has come up with a new plan, no less controversial than his earlier initiatives. He has suggested the developments be washed away by artificially induced floods.
Monday, October 10, 2005
California Association of Realtors Common Interest Development Committee
Fred Pilot ran across this meeting agenda. Did you know the CAR had a CID committee? Look at the detail pertaining to CIDs in California and the recent legislation.
Fred Pilot ran across this meeting agenda. Did you know the CAR had a CID committee? Look at the detail pertaining to CIDs in California and the recent legislation.
WAVE 3 TV Louisville, KY :: Condo Residents Stop Paying Fees To Protest Poor Living Conditions
Nancy Levy sent this amazing example of an assessment strike. I haven't seen one of these in some time.
(LOUISVILLE) -- People living in one Kentuckiana condominium say their homes are falling apart, and basic services being cut off. They blame it all on the property managers. But as WAVE 3 Investigator Eric Flack reports, their way of protesting may be the problem...more than half of Shadowood residents have stopped paying their condo fees in protest. The delinquency list is at $56,000 and counting.
Nancy Levy sent this amazing example of an assessment strike. I haven't seen one of these in some time.
(LOUISVILLE) -- People living in one Kentuckiana condominium say their homes are falling apart, and basic services being cut off. They blame it all on the property managers. But as WAVE 3 Investigator Eric Flack reports, their way of protesting may be the problem...more than half of Shadowood residents have stopped paying their condo fees in protest. The delinquency list is at $56,000 and counting.
"Governor Schwarzenegger Signs Legislation to Benefit Senior Citizens and Veterans"...but we know it was about HOAs!
The ever-alert Fred Pilot ran across this interesting political spin on the HOA legislation signed by Der Governator last week.
Governor Arnold Schwarzenegger announced today he has signed legislation that will benefit California's senior citizens and veterans by strengthening the rights of residents in retirement communities, increasing the ability of veterans to buy homes and promoting greater transparency and fairness in homeowners associations.
The ever-alert Fred Pilot ran across this interesting political spin on the HOA legislation signed by Der Governator last week.
Governor Arnold Schwarzenegger announced today he has signed legislation that will benefit California's senior citizens and veterans by strengthening the rights of residents in retirement communities, increasing the ability of veterans to buy homes and promoting greater transparency and fairness in homeowners associations.
Record low for home affordability in California
I just got back from southern California, which is why I haven't been posting since last week. Housing prices and commuting times are both insane.
SAN FRANCISCO (Reuters) - Soaring prices in California's housing market have shut out a record 86 percent of households from buying a typical home with a traditional down-payment, according to a study released on Thursday. Home prices across California have more than doubled since late 2001, increasing pressure on home buyers, who needed a minimum household income of $133,800 to buy a home at the August median price of $568,890, the California Association of Realtors said in its report.
I just got back from southern California, which is why I haven't been posting since last week. Housing prices and commuting times are both insane.
SAN FRANCISCO (Reuters) - Soaring prices in California's housing market have shut out a record 86 percent of households from buying a typical home with a traditional down-payment, according to a study released on Thursday. Home prices across California have more than doubled since late 2001, increasing pressure on home buyers, who needed a minimum household income of $133,800 to buy a home at the August median price of $568,890, the California Association of Realtors said in its report.
Sunday, October 09, 2005
Acrappleface: President Hints at Alan Greenspan Replacement
"I can't give you a name," Mr. Bush told the White House press corps, "but let me just say that I've known her personally for more than 20 years, and have first-hand knowledge of her philosophy on fiscal policy. I've actually watched her balance a checkbook at the kitchen table. She'll make a swell Fed chairman."
"I can't give you a name," Mr. Bush told the White House press corps, "but let me just say that I've known her personally for more than 20 years, and have first-hand knowledge of her philosophy on fiscal policy. I've actually watched her balance a checkbook at the kitchen table. She'll make a swell Fed chairman."
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.
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