Inventor of instant noodles dies at 96
A moment of silence, please. And don't tell my daughter. She loves Ramen Noodles.

Mesa senior community residents angered by club fees
Pat Haruff sent this item. I know developers need to get creative with names, but "Dreamland Villa"? Please. How about "Hallucination Acres"? "Coma Corners"?

Since 2003, neighbor-against neighbor confrontations and lawsuits have become the norm in the sprawling Dreamland Villa, which draws retirees to the unincorporated area. Last month, 39 court summonses filed by Dreamland attorney Charles Maxwell were delivered to residents for not paying annual dues — which could lead to liens on homes in default, and even foreclosure. Joe Kuka, 78, who lives on Evergreen Street, recently received court documents stating he owed $769.30 in dues, legal fees, monthly penalties and interest for a club he said he doesn’t want. “I pity the poor (person) who would come up and put a for-sale sign in front of my house,” Kuka said. “I worked hard for this house.” The summonses were the latest in an ongoing legal feud that centers on changes three years ago to the 45-year-old neighborhood’s rules and restrictions. Those rules now require around 1,400 homeowners to pay annual dues and will eventually include nearly all of the 3,000 homes in Dreamland Villa, which would generate hundreds of thousands of dollars per year for the Dreamland Villa Community Club.

AP Wire | 01/05/2007 | City bans tossing candy during parades
See? More evidence that cities are acting like HOAs.

Bradenton Herald | 01/05/2007 | Heritage Harbour forbids signage
Shu Bartholomew sent this report of anti-sign activity. Wouldn't it be nice if the Twin Rivers case was the beginning of the end for this sort of thing?

EAST MANATEE - When a job opportunity led Heritage Harbour homeowner Richard Brody to move across the country, he knew selling his house would be rough. "By the time I listed my home, the market had already gone sour," Brody said. Now, a new regulation is further challenging how long it will take for Brody to sell his home. The Heritage Harbour Master Association sent a letter to Brody last month telling him the small For Sale sign he had in his yard is no longer allowed.

Medford Central Record - Judge orders the proceeds of home sale held in escrow
Thanks to Shu Bartholomew for sending this report of suburban trench warfare:

MOUNT HOLLY-A Superior Court Judge has ordered that some proceeds of a house sale of the former president of a Kings Grant neighborhood homeowner's association be put in an escrow account that will be subject to court control.
A class action lawsuit is pending between residents of the Oak Hollow section of Kings Grant and the former president of the Oak Hollow Condominium Association, Inc., which alleges that the board unlawfully used money collected from homeowners.

SignOnSanDiego.com > News > Mexico > Tijuana & The Border -- Tijuana police force ordered to turns in guns
I think this qualifies for the "Municipal Government Failure of the Year Award," even though it is still only January 5. Nominations will be accepted until December 31, though.

NPR : Storm-Door Case Tests Property Rights for Millions
NPR's Day to Day did a piece on the Twin Rivers case because the arguments before the New Jersey Supreme Court were held yesterday. Here's the link to the audio. There is a bit from me in there. I like the part where the CAI/Twin Rivers HOA attorney says that we have city, county, state and federal government, and "that's enough." True. So very, very, true. But he says this in support of his argument that the law should not treat HOAs like government. This is a "let's pretend" argument. Let's pretend they aren't behaving like governments, so then we don't have to act as if they were doing what they are really doing. In truth, his point supports the ACLU's position. Since we already have enough government, maybe HOA regulation is more than we need. So of course it needs to be regarded with some judicial skepticism and oversight, doesn't it?

"The Association"...the movie!
Hollywood producer Andrew Wahlquist has a feature film in development about life in a homeowner association. You can follow the link above to his website for the film, which includes a trailer and a teaser. Don't miss it! I read the script and offered a few suggestions a while back. This is a funny and insightful film. The plot involves Dave Miller, an independently minded person who moves to a gated community with his wife and children. He soon begins to have problems with an over-controlling HOA. He falls in with the local rebel group, and the conflict unfolds. I won't give away the plot twists, because it is a good story. Enjoy!

High court to hear dispute over homeowners association rules - Newsday.com
More press coverage of the upcoming Twin Rivers argument before the New Jersey Supreme Court on January 4. If the court rules that the New Jersey state constitution limits the activities of HOA boards, it will be one of the biggest events in common interest housing...ever.

Neighborhoodtimes: County admits fault in auction of condo
Oops. Make that double oops.

Pinellas county officials have conceded they were acting unlawfully when they neglected to contact more than 900 time-share owners of a Pass-a-Grille condominium before they auctioned it off in a tax deed sale in November, according to court documents...The county sent several notices to the condo board but did not receive a response.

Florida's overbuilt condo market starts to fizzle
Like I said, I am holding off on pronouncing the housing bust over.

Developers have pulled the plug on some of Miami's most anticipated condominium developments, a sign the city's sizzling, speculator-driven condo market -- where prices of many apartments doubled or tripled in a few brief years -- has finally chilled.

BREITBART.COM - Sales of New Homes Post Gain in November
That's a bit of good news, but after all the evidence of a slump in the housing market I'm holding off on believing that things have turned around.

New Jersey Real Estate Report » Free speech or HOA rules?
Here's a weblog post on the Twin Rivers case, which is scheduled to be argued before the New Jersey Supreme Court on January 4, 2007. Thanks' to Fred Pilot for the link.

And for those who want to keep track of the case, here's the info on the case from the court website:

A-118/122-05 Comm. For a Better Twin Rivers v. Twin Rivers Homeowners’ Assoc. et al. (59,230)
Do the State Constitution’s Speech and Assembly clauses apply to limit the authority of a homeowners’ association, and if so, under what circumstances?
Certification granted 4/28/06
Argued: Scheduled for 1/4/07
Decided:

'Mistake' costs family its home at The Springs - Orlando Sentinel :
Here is a heartwarming story of judicial compassion, link forwarded by Fred Pilot via the HOAs Yahoo group:

SANFORD -- Because of someone else's mistake, Sharon Rousey lost her Longwood home at a courthouse auction two weeks ago over $1,200 in unpaid homeowners association dues. On Wednesday, she tried to persuade a judge to give it back. He refused. That means Rousey, 48, a single mom who is raising two disabled teenagers on a fixed income, must now pack up her belongings and get out...Rousey bought the 2,400-square-foot town house in The Springs, a gated community near Wekiwa Springs State Park, in May 2005. The home, though, came with a surprise: She would belong to two homeowners associations and, thus, had to pay two sets of dues, one for The Springs and another for Glenwood Village, the town-house neighborhood. She fell behind on both, according to court records...In November, Rousey thought she had solved her problems: Goodbye Foreclosure Inc., a Winter Park company that buys distressed properties, agreed to buy her house before the auction. It would pay off her homeowners association dues as well as her mortgage and leave her with about $115,000 in cash. But company Vice President Aaron Herschberg sent a check to an association -- the wrong one, it turned out -- and assumed the auction would be called off. It wasn't. On Dec. 5, an Apopka company that buys foreclosed property agreed to pay $113,500. Mark Lippman, Rousey's attorney, estimated the market value of her town house at $275,000 to $300,000.

Birth of Jesus Christ
Just a reminder about the religious significance of Christmas. Merry Christmas, and enjoy the presents, family and friends, football games, egg nog, and whatever else makes the day special. I hope we can also spend a few moments pondering the significance of the birth of Jesus Christ over two thousand years ago.

What is it about Obama? - Los Angeles Times
Fred Pilot found this nugget.

Early this month, at the invitation of Rick Warren, Obama spoke to a hall full of conservative Christian evangelical activists gathered at Saddleback Church in Orange County. Warren, author of the bestseller "The Purpose Driven Life," is among the most successful and popular preachers in the world. Saddleback is his city on a hill, a sprawling campus set above the smooth, clean boulevards of the most suburban of places. His is the kind of congregation where Warren's joke about the authoritarian rule of suburban homeowners associations brings a knowing laugh.

Merry Bizaromas - Frederick Meekins
Nancy Levy sent this link to an essay that compares Christmas in an HOA to Bizarro world from the Superman comics, where everything is dysfunctional. That's an analogy I hadn't thought of before, but now that he mentions it...

HOMEOWNERS KEEP FILING – AND WINNING – STATE AND FEDERAL CIVIL RIGHTS LAWSUITS

The following was sent to me by Marjorie Murray of the Center for California Homeowner Association Law, which is where the link above will take you. This is a piece from their newsletter, which you can subscribe to by going to their web site and following the "Press Room/Newsletter" link on the left side of the page. I do not have any independent knowledge of the case described below, so if you have any inquiries direct them to Marjorie or the attorneys involved in the case.

-------------------
SACRAMENTO -- Working through Fair Housing agencies, legal aid groups and private attorneys, homeowners keep filing civil rights lawsuits against their associations – and winning.
In June, the estate of David Donnell settled with Snowshoe Springs Association (Calaveras County) for an undisclosed amount approved by the U.S. District Court Eastern District in Sacramento [Case # CIV S-01-1953 MCE KJM.].
Disabled by lifelong health problems, including epilepsy, Donnell sued Snowshoe in federal court after it tried to foreclose on his home in order to collect about $1200 in late assessments. [Sacramento Bee, Jan 14, 2001.] The board refused his offer – made publicly – to pay his debt in installments.
With the help of Sentinel Fair Housing, Donnell later petitioned the board formally under Fair Housing laws to be allowed to pay in installments. Still the board refused. The board later claimed foreclosure was the only way to force him to pay. The association had no foreclosure policy in place, when it tried to seize his cabin, built by his parents 40 years ago. The Donnell foreclosure would have been Snowshoe’s first.
The Bee article generated the pro bono services of Roseville attorney, Michael L. Johnson, who stopped the foreclosure. Donnell later sued the Association, several board members as individuals, one homeowner not on the board, association attorney, Curtis Sproul, and his law firm Genshlea Chediak & Sproul for trying to seize his home in a nonjudicial foreclosure. KGS Community Services, the debt collection firm hired by Snowshoe and owned by Sproul’s ex-wife, was not named in the suit.
A chief cause of action in the suit was that the defendants violated civil rights statutes by refusing to grant Donnell’s request to pay in installments and then moving to foreclose when it had no policy to foreclose. After the suit was filed, the SSA board adopted a foreclosure policy.
But before his case could come to trial, Donnell died from his disabilities in September 2005 in a Calaveras County hospital. Snowshoe attorneys moved quickly to get the case dismissed. However, Federal Judge Morrison England granted the petition of Donnell’s sisters to let the suit against Snowshoe forward on behalf of his estate.
On the eve of trial, Snowshoe settled out of court in a confidential agreement approved by Judge England. At Snowshoe’s annual meeting in July, property manager Mark Redding said, “The settlement didn’t cost us anything.” However, sources close to the case estimate that, in addition to the settlement money paid to Donnell’s estate, the insurance company alone paid an estimated $250,000 in legal fees to litigate the case. Whether the costs result is higher insurance premiums to Snowshoe – and higher assessments to homeowners -- is unclear. – end --

Taco Bell uses self-serving polls, too

About 1 in 3 frequent fast-food customers say they plan to eat less often at Taco Bell — or not at all — as a result of the chain's recent E. coli outbreak, according to a national poll done for USA TODAY...Taco Bell President Greg Creed declined in a phone interview to comment on Sandelman's findings. He said Taco Bell has been doing its own polling since the outbreak and that 94% of people who describe themselves as Taco Bell eaters have a "positive" view of the brand; 82% believe the food is "safe."
________________________
What does this have to do with common interest housing? I am often asked about the significance of the Zogby and Gallup polls commissioned by the Community Associations Institute that report general satisfaction with HOAs. I think there are polls, and there are polls. If you work hard enough to get data supporting a particular position, and you ask the questions carefully enough, you can get the data you are looking for. But that isn't social science in my book.

I drove past the local Taco Bell at lunchtime, and there were four cars in the lot. What's my point? Commissioned polls be damned. Taco Bell customers have a choice and they are voting with their feet. It would nice if new home buyers weren't forced into HOAs and condos so we could see what they really want.

Ho, ho, ho.

Suzette Kelo's holiday greeting card to the City of New London
NEW LONDON, Conn. (AP) -- The woman at the center of a national battle over property rights has sent some not-so-joyous tidings to people involved in taking her house to make way for private development. Susette Kelo's holiday cards feature a snowy image of her pink house and a message that reads, in part, "Your houses, your homes, your family, your friends. May they live in misery that never ends. I curse you all. May you rot in hell. To each of you I send this spell." The cards were conceived and produced by a friend of Kelo's and sent to city officials and members of New London's development agency. Kelo said she also considered sending the cards to five U.S. Supreme Court justices who ruled in June 2005 that New London had the right to take homes in the Fort Trumbull neighborhood to make way for a riverfront project slated to include condominiums, a hotel and office space.