Wednesday, December 13, 2006

From American Homeowners Resource Center: JUDGE PUBLICLY ADMONISHED FOR COMMENTS
This is quite a story and I'd recommend reading the whole thing, but here's a sample:

James M. Brooks is a superior court judge in Santa Ana, Orange County, California. He started as a municipal court judge in 1987, and was moved to the superior court in 1998.On November 29, 2006, the Commission on Judicial Performance issued a Public Admonishment - one of the Commission's highest sanctions. In deciding to make the Admonishment public, the Commission noted that he had been disciplined for similar conduct before. This was in response to a complaint filed by Arnold McMahon against Brooks...In the other case, Palacio del Mar Homeowners Association v McMahon, the Commission found that Brooks made statements to the McMahons that were "sarcastic, demeaning and intimidating." Arnold McMahon was explaining to Brooks that he had not been able to attend a deposition because at 3.30a.m. in the morning, he experienced intense pressure in his chest. After his doctor discovered an abnormality in his EKG, the doctor sent him to hospital, where he was admitted to the cardiac unit with a suspected heart attack. Brook's response was: "Gee. I wonder what's going to happen when we put you in jail, Mr. McMahon. Your little ticker might stop, you think?" To Elizabeth McMahon, Brooks stated that if she did not show up for her deposition, "it will be [$]10,000 payable to the court. I'd mention jail but it might give her heart attack."

Monday, December 11, 2006

Just got back from the National League of Cities conference
Tracy Gordon of PPIC and I did a presentation on CIDs and cities, mderated by Kevin Frazell. It was fascinating to hear the audience questions, because they confirmed a number of things that I had said in my presentation. First, many people confirmed that cities are mandating CIDs in new housing. We heard this from delegates from several states. Second, many confirmed that as the developments age and need major fixes that they can't afford, the HOAs come to the cities for help that may not be forthcoming. Third, a number of attendees also confirmed that there are plenty of defunct CIDs around, where the BOD is nonexistent, no dues are being collected, and problems are being created for local government.

Tracy's work is really excellent, and you can get it from the PPIC website. She has the best data on California CIDs available, and she is a very even-handed and responsible researcher. She envisions HOAs and cities gradually working out a functional relationship. I tend to be more pessimistic, because there are so many problems with HOA finances and leadership, but I think she has a point. It is important to keep in mind that in the long run most of the time people find a way to muddle through. But on the other hand, remember the Savings and Loan industry?
MercuryNews.com | 12/10/2006 | Droves say goodbye to Golden State
Fred Pilot sent this along. I was in San Francisco a few weeks ago. I saw nothing but yuppies, homeless people, tourists, and dogs (the residents of San Francisco have an average of 6.3 dogs, if my sampling is accurate). There are no kids in the city, except the ones the tourists bring. It costs a bazillion dollars to rent or buy anything you can live in. And now, forget about San Francisco--it costs a fortune to live even in San Bernardino. So for the first time in memory, people are getting out of California.

Between 2004 and 2005, the migration flow into California from the other 49 states started flowing the other way. Data from the state Department of Finance shows that, for the first time this decade, more people left California in 2005 for another state than the number who moved in. Mary Heim, a finance department demographer, says this particular kind of outflow will continue for the foreseeable future. Unlike the tens of thousands who left Silicon Valley following the tech bust earlier this decade, the new migration is about the quest for something besides a job: a better quality of life at a lower cost of living.

Thursday, December 07, 2006

12 million suburbanites live in poverty - Yahoo! News
Fred Pilot sent this link to a story that is buried in the newspapers as well. I have a couple of reactions. First, can we finally have an end to the leftist academics and politicians insisting that cities are full of poor people and suburbs are places of affluence and whiteness? It turns out that now a majority of the nation's poor live in the suburbs, which happen to be place of enormous economic and racial diversity. Second, as Fred notes, what does this suggest about the future of CIDs? I have been arguing for years (and will be arguing at the National League of Cities conference in Reno, where I'm headed today) that we need to watch out for a fiscal crisis in CIDs, as buildings and infrastructure wear out and the reserves are not there, nor is the insurance coverage, nor the construction defect litigation, and therefore not even the bank loan, to pay for repairing and replacing it. Now, add this story to the mix. There are the poor, and also the house-poor. Most of the new housing in suburbs is in CIDs, including loads of former cheesy apartment buildings that are now slightly less cheesy condominiums. Many programs have pushed a lot of relatively low income people into these buildings as first time owners. They, especially, may not have the revenue to do the upkeep and major repairs on these older condo conversion buildings. Tick, tick, tick...

The suburban poor outnumbered their inner-city counterparts for the first time last year, with more than 12 million suburban residents living in poverty, according to a study of the nation's 100 largest metropolitan areas released Thursday. "Economies are regional now," said Alan Berube, who co-wrote the report for the Brookings Institution, a Washington think tank. "Where you see increases in city poverty, in almost every metropolitan area, you also see increases in suburban poverty."

Wednesday, December 06, 2006

Article - News - Leisure World must open its records
This is an interesting turn of events to which I was alerted by the ever-alert Fred Pilot. Leisure World, which is a giant common interest community, is run by Golden Rain Foundation, a non-profit corporation. Residents ask to see corporate records under the David-Stirling Act that regulates CIDs. The corporation says it is not a CID, is not governed by the Act, and doesn't have to release the records. Lawsuit happens. Judge says: oh, yes, you are a CID.

Nice try at avoiding accountability under the law, but no cigar.

...residents argued that Golden Rain was a homeowners association, a type of common interest development. Golden Rain argued that it was a nonprofit corporation and not a common interest development. Consequently, officials said they were not legally obligated to release records to residents. Although Golden Rain voluntarily made public many of its financial records, the residents who sued said they wanted a legal right to access the documents.

Tuesday, December 05, 2006

Flag-raising raises a fuss at Lino Lakes condo
Fred Pilot sent this along. The flagpole seems to be in the common area, which creates some fairly obvious problems.

World War II veteran Robert Goergen knows he's breaking the rules at his home in Lino Lakes, yet he vows to fight for his right to fly his beloved United States flag as it was meant to be flown -- high and free in the wind. At issue is the placement of a 15-foot flagpole that Goegen planted outside his condominium. Condo managers say the flag is flying on land that belongs to the association, not to him, and they're demanding that he remove the pole and fly the flag according to regulations.

Monday, December 04, 2006

Texas House of Representatives: Member Burt Solomons
Here's the legislator who introduced HR 222, referenced below. This is the ban on municipal mandating of CID construction.
TLO - 80(R) History for HB 222
This is the bill I referred to a few days ago that would do away with municipal mandates for HOAs, at least in Texas.
Judge rewards flagpole lawyer
Fred Pilot sent another account of the work of Attorney Barry Silver, who was awarded twice his usual fees for winning the appeal on behalf of Georg Andres. I think nothing could change the situation of CID owners faster than making the association pay the owner's attorney. As Silver puts it:

Silver got a temporary injunction that kept Andres' American flag flying and then won an appeal that reversed the rulings against Andres. As Silver made the case, he said, he saw a way to argue that the homeowners association should pick up the tab for his services. "In Florida, homeowners associations are used to running roughshod over the rights of their clients. And the reason they can do that is once they decide to go after one of their own homeowners, it's virtually impossible for a homeowner to find an attorney to represent them," Silver said, explaining the crux of his argument.Circuit Court Judge Edward Fine bought it, and as part of the decision awarded Silver twice his regular hourly fee, because of the risk involved in taking such a labor-intensive case without guarantee of payment.

Sunday, December 03, 2006

TCPalm: Judge awards legal fees to Jupiter man involved in flag flap

Latest events in the Georg Andres case, sent by Shu Bartholomew:

A Jupiter man fighting to fly the American flag on a pole on his property is claiming victory in a judge's decision to award his attorney legal fees. But the win for Boca Raton attorney Barry Silver's success in a foreclosure action appeal is part of a larger war between George Andres and his homeowner's association that isn't yet over.

Thursday, November 30, 2006

The Peace Wreath
Look what just came in over the transom. Thanks, Jim, for a fine piece of Peacemas poetry.

Every Loma at Lindaville liked Peace a lot
But the Grinch and his Cronies certainly DID NOT!
This Grinch hated Peace!
The whole Peacetime season!
Now please don't ask why, no one quite knows the reason!
It could be perhaps he just liked to fight, or
Maybe his head was screwed on to the Right.
But we think the most likely reason of all
May have been that his heart was two sizes too small.

No matter the reason.
His heart or his head,
He felt really bad, and troubled instead.
The more the Grinch dwelled on the Peace Sign thing
the more he ached to stop the whole thing!
"I must stop this Peace Wreath from being,...but how!
"I know what I'll do, I won't stand this abuse"
He thunked to himself "All I need's an excuse"

He looked for an excuse to take the Wreath down.
But, since excuses are scarce there were none to be found.
Did that stop this ol' Grinch...?
NO! The Grinch simply said
"If I can't find an excuse I'll make one instead!"
He did better than that, he made a Big List,
and Right here they are, and some we have missed.



The Wreath may offend, or it might not be nice,
it might be for Pagans, who drink wine with ice!
Maybe it's code, all secret and sneaky,
Maybe these Loma's are just being cheeky!
Then he fired his cronies (who weren’t so uptight),
They said it’s not bad, but the Lights kept him up nights!
He puzzled and twisted and puzzled some more,
He listed excuses, till his Puzzler was sore.

Then finally his Puzzler hit on the Thing!
Maybe really this Wreath’s not such a bad Zing!
Maybe Peace to the World isn’t so bad,
Maybe Peace to the World, shouldn’t make him so Mad!
Imagine; a world where folks spoke up for Peace!
Like Lisa, the Loma, with her Peace Wreath!

And what happened then...?
In Lindaville they say
That the Grinch's small heart
Grew three sizes that day!
And the minute his heart didn't feel quite so tight
He could answer his phone and not hide all the night!
He stopped all his Trickzies, and called off his goons
...and he hung back the Wreath, by the light of the moon!


Jim Fuge
Southwest Colorado Peace and Justice Coalition
refuge@frontier.net
jimfuge@webtv.net
DenverPost.com - HOA surrenders on peace wreath
Thanks to Jim Bowers for pointing me to this. He also suggests a parallel to the big issue in the Twin Rivers case pending before the New Jersey Supreme Court: restriction of basic liberties by a private government. In the Colorado situation, the board members had the decency to resign. That's a good example for others, in my book.

A Pagosa Springs subdivision may have some peace again after a homeowners' association threatened to fine a resident for putting up a Christmas wreath shaped like a peace sign. But the Loma Linda subdivision is now scrambling to assemble a new association board after the three members resigned today. The directors of the Loma Linda Homeowners Association apologized Monday to Lisa Jensen and Bill Trimarco for threatening to fine the couple $25 a day if they didn't remove their lighted wreath. The wreath had been characterized as a divisive symbol that violated the subdivision rules against displaying signs or advertisements.

American Chronicle: Pretty Fascist Communism
Thanks to Nancy Levy for sending the link to this amazing piece of writing by Nancy Levant, who links HOA living to a transformation of American society, as we become a society "prettified" by elites:

It seems that America the nation has undergone a facelift. It’s out with the old - the tried and true – and in with all that is new, licensed, inspected, controlled, manipulated, and mandated by “renewal” projects, environmental “sustainability,” “associations,” and by the “appointments” of “regional” intellectuals. It is amazing how America has transformed – and all at the insistence of American elites who are, themselves, led by international/financial governors...Just look at all the new and pretty homeowner association communities. Nice walkways, landscaping, uniform paint, brick, and stone jobs, and all the rules to keep things “nice” from the propensity of the human being to individualize his living quarters. Please! The rich know far better how to decorate and maintain quality living. We need not concern ourselves with yards, exterior maintenance, or controlling our behaviors and choices. “They” know far better how to manage our lives, and they provide us with beautifully printed rule books (not booklets, mind you, but books) on how to be proper “community” dwellers. And they also maintain our “common” areas and even plant and maintain our flowers and bushes – the one’s they select to beautify our “community.” All very pretty and nice – and all across America we see that uniformity is best for “the people,” and this uniformity must be maintained.

Read the whole thing.

Wednesday, November 29, 2006

Freshly Baked Handouts Forbidden in Fairfax - washingtonpost.com
I have this feeling that local governments are starting to emulate HOAs. Here's an example. Fairfax County is wall to wall HOAs. And now this exercise in stupidity:

The casserole has been canned. Under a tough new Fairfax County policy, residents can no longer donate food prepared in their homes or a church kitchen -- be it a tuna casserole, sandwiches or even a batch of cookies -- unless the kitchen is approved by the county, health officials said yesterday. They said the crackdown on home-cooked meals is aimed at preventing food poisoning among homeless people...."We're very aware that a number of homeless people eat out of dumpsters, and mom's pot roast has got to be healthier than that," said Jim Brigl, chief executive of Fairfax Area Christian Emergency & Transitional Services. "But that doesn't meet the code."



Article - News - It's good to be a supervisor
Fred Pilot sent this amazing story from the Orange County Register about the lavish pay and perks bestowed on Orange County Board of Supervisors. And all the HOA residents get to chip in for this extravagance, along with paying through the nose to their HOA for private infrastructure and services that the County and municipalities don't provide for them. How long before the double taxation initiative movement gets going?

Imagine a job where you earn about $200,000 a year – a package that includes $59,000 in benefits, a $600 monthly car allowance and all the free gas you can guzzle.

You get a staff of at least six people, an annual operating budget of about $800,000, 12 paid holidays and a BlackBerry.

This same job offers you two free parking spots in a covered, secure garage. You also get a semi-private elevator – used by just you and four other people – to whisk you up and drop you at the back door of your large, fifth-floor office.

Oh, and you can take on a few other side jobs that will pay you stipends of several thousand more a year. And you don't have to pay Social Security taxes.

Inca justice system eyed by Morales may use whipping - World - The Washington Times, America's Newspaper
I wonder how long it will take for some HOAs to adopt this approach?

THE HAGUE -- Bolivian President Evo Morales, on a state visit to the Netherlands, said he is searching for a new model of democracy that could include reviving the ancient tradition of whipping petty criminals as an alternative to jail.
"When I was a kid I was punished several times, being whipped and lashed," the leftist president said Monday in a speech to an audience of businessmen and government officials from both Bolivia and the Netherlands.
On Architecture: The suburbs don't have to be boring
Nancy Levy forwarded this piece about how to make suburbs good places to live and raise families, and also "interesting," like big cities. Here's one of the suggestions:

"Encourage eccentricity. The single most positive thing suburban neighborhoods could do for themselves is to throw out every one of the CC&Rs (conditions, covenants and restrictions in legalese) that relate to architecture and landscaping. Residents have a legitimate interest in protecting property values by insisting on reasonable maintenance standards -- fences shouldn't rot, paint shouldn't decay and junk cars shouldn't be left to decompose in driveways. But the rules that restrict colors, alterations and additions keep suburban neighborhoods from reflecting the increasing diversity and individuality of the people who live in them."

Tuesday, November 28, 2006

BREITBART.COM - Existing Home Sales Rise, Prices Fall
Sales of existing homes posted a tiny increase in October, the first gain in eight months, but the median price of homes sold last month fell by a record amount. The National Association of Realtors said Tuesday that existing home sales edged up 0.5 percent to a seasonally adjusted annual rate of 6.24 million. It marked the first sales increase since February. However, the median, or midpoint, price for a home sold dropped to $221,000 in October, a decline of 3.5 percent from a year ago. That was the biggest year-over-year price decline on record. It marked the third straight month that home prices have fallen compared to the same period a year ago, the longest stretch of such declines on record.


Monday, November 27, 2006

Homeowner associations can be very good or very bad
That is the philosophical headline of the recent story about HOAs. I'm quoted if you read down far enough.

Sunday, November 26, 2006

Now, here's a law to reckon with...
Here's some language from Texas' HB222, called to my attention by the ever alert Fred Pilot and circulating around the newsgroups. It's nice to see this acknowledgement of the fact that municipalities in many states are mandating the creation of HOAs as a condition of allowing construction.

"Sec. 212.002. RULES
...A municipality may not adopt a rule that requires the creation of a property owners' association as a condition of approving a plat."