Condo and HOA Law by Donna DiMaggio Berger, Esq.: Time to Tighten Up Your Current Collection Policy: "Be aggressive with your foreclosure actions. This accomplishes several things: it sends a message to the rest of the paying members that you are doing something; it warns those who might be tempted to stop paying their assessments that you will do something, it allows the association (once it takes title) to either sell the property or lease it out short term to recoup some or all of the money owed and it allows the association to control who occupies the property and its condition."
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I posted a link a while back to President Obama's request that banks not be so quick to foreclose. I received a comment to that post flagging this one, from Donna Berger's blog. She says to "be aggressive with your foreclosure actions."
I understand that associations need to collect delinquent assessments, or else the other owners end up paying for the ones who don't. But look--even CAI says to use foreclosure only as a last resort. Yet, within CAI there are always these lawyers and managers who tell their association clients something different, such as be aggressive; use foreclosure ASAP; use nonjudicial foreclosure if possible; and so forth.
So--which of these two approaches is the "real" CAI? The statements that emanate from CAI national, or the advice CAI members give their client associations?
Saturday, April 03, 2010
Monday, March 29, 2010
Homeowner group OKs $4,000 yard art fine | HeraldTribune.com
Homeowner group OKs $4,000 yard art fine | HeraldTribune.com: "LAKEWOOD RANCH - Two metal poodles and several small seashells decorating Summerfield resident Joani Ellis' front yard are still costing her $50 a day
Facing nearly $4,000 in fines, Ellis appealed the penalties to the Summerfield/Riverwalk Homeowner Association on Thursday night.
But the board did not budge on their stance that Ellis is breaking a neighborhood rule that allows only three lawn decorations."
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Take a look at the picture and tell me this is something her neighbors have any business even talking about, much less imposing fines.
Fred Pilot sent this link.
Facing nearly $4,000 in fines, Ellis appealed the penalties to the Summerfield/Riverwalk Homeowner Association on Thursday night.
But the board did not budge on their stance that Ellis is breaking a neighborhood rule that allows only three lawn decorations."
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Take a look at the picture and tell me this is something her neighbors have any business even talking about, much less imposing fines.
Fred Pilot sent this link.
Colleyville homeowners divided over developer's control of HOAs | News for Dallas, Texas | Dallas Morning News | Breaking News for Dallas-Fort Worth | Dallas Morning News
Colleyville homeowners divided over developer's control of HOAs | News for Dallas, Texas | Dallas Morning News | Breaking News for Dallas-Fort Worth | Dallas Morning News: "COLLEYVILLE – This affluent community, full of beautiful new homes and shops, doesn't look like a hothouse for revolutionaries hellbent on overthrowing the established suburban order.
But a group of residents in five luxury neighborhoods has grown tired of their homeowners associations dictating everything from how many day lilies to plant in a flower bed to what companies they can hire to put in a swimming pool."
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The peasants are revolting!
Thanks to Fred Pilot for the link.
But a group of residents in five luxury neighborhoods has grown tired of their homeowners associations dictating everything from how many day lilies to plant in a flower bed to what companies they can hire to put in a swimming pool."
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The peasants are revolting!
Thanks to Fred Pilot for the link.
Sunday, March 28, 2010
Somebody needs a lawyer in Colorado
Can anybody give me the name of an attorney in Colorado who will represent owners in a dispute with an HOA? I have been contacted by somebody in Jefferson County, CO, who needs a lawyer. You can send it to me at ecmlaw@gmail.com and I will pass it on to the interested party.
White men shun Democrats -- Page 1 -- Times Union - Albany NY
White men shun Democrats -- Page 1 -- Times Union - Albany NY: "Millions of white men who voted for Barack Obama are walking away from the Democratic Party, and it appears increasingly likely that they'll take the midterms elections in November with them. Their departure could well lead to a GOP landslide on a scale not seen since 1994."
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It only took a year or so for President Obama to alienate a huge chunk of the electorate. I don't think there is much he can do to get them back, either. People know who he is now.
He ran as a common-sense, centrist, outsider who was going to Washington to fix things. Nobody who knew him would have believed that for a minute, of course, but with the press declining to dig into his background much it worked with a lot of independents. The Republicans had cast themselves into a pit of disrepute and the McCain-Palin ticket was hopelessly inept, so Obama swept right in.
But now everybody can see that Obama is farther to the left than he let on. He is committing the federal government to vast deficits for decades to come, and he is loading up his administration with lefties who want to regulate every aspect of the economy to the point of making entire industries virtual arms of the federal government. With Congress on his side he can do all this, or at least most of it.
Jobs and fixing the federal budget are more important to many voters than they are to those in power in Washington. If the November elections bring a huge turnout of angry white people, watch out. Remember that Ross Perot got 19% of the vote in 1992. And he was an obvious nutball whose VP candidate couldn't even figure out why Perot chose him.
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It only took a year or so for President Obama to alienate a huge chunk of the electorate. I don't think there is much he can do to get them back, either. People know who he is now.
He ran as a common-sense, centrist, outsider who was going to Washington to fix things. Nobody who knew him would have believed that for a minute, of course, but with the press declining to dig into his background much it worked with a lot of independents. The Republicans had cast themselves into a pit of disrepute and the McCain-Palin ticket was hopelessly inept, so Obama swept right in.
But now everybody can see that Obama is farther to the left than he let on. He is committing the federal government to vast deficits for decades to come, and he is loading up his administration with lefties who want to regulate every aspect of the economy to the point of making entire industries virtual arms of the federal government. With Congress on his side he can do all this, or at least most of it.
Jobs and fixing the federal budget are more important to many voters than they are to those in power in Washington. If the November elections bring a huge turnout of angry white people, watch out. Remember that Ross Perot got 19% of the vote in 1992. And he was an obvious nutball whose VP candidate couldn't even figure out why Perot chose him.
Saturday, March 27, 2010
Chase Hassles Woman For $45K In Payments For Home She No Longer Owns - The Consumerist
Chase Hassles Woman For $45K In Payments For Home She No Longer Owns - The Consumerist"In Oct. 2008, a mother of four in Illinois needed to unload her house or face foreclosure. So she worked with Chase Home Financial and got them to agree to a short sale. Unfortunately, more than a year later not everyone at Chase knows the house was sold, because they're telling the former homeowner she owes almost $45,000 in late payments."
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Thanks to Mystery Reader for this example of another major screw-up by a bank dunning somebody for money they don't owe. Is this better than foreclosing on the wrong home?
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Thanks to Mystery Reader for this example of another major screw-up by a bank dunning somebody for money they don't owe. Is this better than foreclosing on the wrong home?
Half of U.S. Home Loan Modifications Default Again (Update1) - Bloomberg.com
Half of U.S. Home Loan Modifications Default Again (Update1) - Bloomberg.com: "The re-default rate of loans modified in the first quarter of 2009 was 51.5 percent by the end of the year, the Office of the Comptroller of the Currency and the Office of Thrift Supervision said in a joint report today. The figure, which measures payments at least 30 days late, climbed to 57.9 percent for changes made in the prior 12 months.
U.S. homeowners are struggling to make payments as depressed housing prices leave them owing more than their properties are worth. About 24 percent of properties with a mortgage were underwater in the fourth quarter, First American CoreLogic said last month. The median price of a U.S. home was $165,100 in February, down 28 percent from its peak in July 2006, according to the National Association of Realtors.
Modifications are “clearly not working well and it’s not a surprise,” said Sam Khater, a senior economist at First American CoreLogic in Tysons Corner, Virginia. “It’s pointless to rewrite these loans because they’re underwater.”"
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No problem, because Obama will just tell the banks to be nice. See below.
U.S. homeowners are struggling to make payments as depressed housing prices leave them owing more than their properties are worth. About 24 percent of properties with a mortgage were underwater in the fourth quarter, First American CoreLogic said last month. The median price of a U.S. home was $165,100 in February, down 28 percent from its peak in July 2006, according to the National Association of Realtors.
Modifications are “clearly not working well and it’s not a surprise,” said Sam Khater, a senior economist at First American CoreLogic in Tysons Corner, Virginia. “It’s pointless to rewrite these loans because they’re underwater.”"
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No problem, because Obama will just tell the banks to be nice. See below.
Obama readies steps to fight foreclosures, particularly for unemployed - washingtonpost.com
Obama readies steps to fight foreclosures, particularly for unemployed - washingtonpost.com: "The Obama administration plans to overhaul how it is tackling the foreclosure crisis, in part by requiring lenders to temporarily slash or eliminate monthly mortgage payments for many borrowers who are unemployed, senior officials said Thursday."
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Which will push more banks into insolvency, and thus into the arms of the ever-expanding federal regulatory apparatus, where they will be reprogrammed as community service agencies?
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Which will push more banks into insolvency, and thus into the arms of the ever-expanding federal regulatory apparatus, where they will be reprogrammed as community service agencies?
Eldo Telecom: Study points to demise of burbs as bedroom communities
Eldo Telecom: Study points to demise of burbs as bedroom communities: "A study by the Chicago-based Center for Neighborhood Technology found that long commutes to jobs in the Los Angeles basin from California's Inland Empire area (San Bernardino/Riverside) aren't really worth it when the cost of commuting if factored in. For decades, housing that costs less than comparable real estate closer to jobs in L.A. was the draw that fueled the region's growth. But when the costs of hours spent in cars and gasoline and maintenance are taken into account, it comes out a wash. (And arguably, potentially a net loss when the adverse work/life balance and health affects are included)."
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Fred Pilot, on his blog, zeroes in on the problem that is setting the limits to suburbia.
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Fred Pilot, on his blog, zeroes in on the problem that is setting the limits to suburbia.
Wednesday, March 24, 2010
New home sales drop 2.2 percent in Feb. to new low
New home sales drop 2.2 percent in Feb. to new low: "The Commerce Department reported Wednesday that new home sales fell 2.2 percent last month to a seasonally adjusted annual sales pace of 308,000.
It was the fourth consecutive month of declines and the worst showing on records dating to 1963."
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The figures for Chicagoland showed prices up, but sales down.
It was the fourth consecutive month of declines and the worst showing on records dating to 1963."
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The figures for Chicagoland showed prices up, but sales down.
No more State Police on Chicago expressways? :: CHICAGO SUN-TIMES :: Election 2010
No more State Police on Chicago expressways? :: CHICAGO SUN-TIMES :: Election 2010: "The Chicago Police Department may be forced to assume primary responsibility for patrolling 53 miles of Chicago area expressways -- at a time when police manpower is woefully short -- under Gov. Quinn's proposal to slash the State Police budget and lay off 464 state troopers."
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The CPD is the second-largest police department in the country with 13,000 officers. They claim they have a severe manpower shortage and can't get enough officers on the street as it is, so they can't be expected to write speeding tickets on the expressways.
My observations: 1. CPD officers regard traffic enforcement as a nuisance unless they are specifically assigned to that duty. I walk from Union Station to UIC and back every working day and have been doing so for years.I have never, ever--not one time--seen a Chicago Police Officer writing a traffic ticket. Almost every day I see driving behavior that should lead to public flogging. There are cops hanging out at the 7-11s and elsewhere. No tickets being written.
2. Even with the state police writing tickets on the expressways, it is like a scene from Deathrace. People drive over 100 mph. You see it all the time. And when the go to court for driving over 100 mph, 2/3 of the time they get court supervision and it doesn't even go on their driving record. Don't believe me? Read this. The judges couldn't care less, either, as long as the money comes rolling in from the fines. So: the expressways are full of people driving like maniacs. Many of them are driving on suspended licenses, don't have insurance, and seem not to care if they kill you.
3. So, if they fire the 464 Chicago area state troopers, CPD will not pick up the slack very well and it will be like the Autobahn out there.
I'm glad I take the train.
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The CPD is the second-largest police department in the country with 13,000 officers. They claim they have a severe manpower shortage and can't get enough officers on the street as it is, so they can't be expected to write speeding tickets on the expressways.
My observations: 1. CPD officers regard traffic enforcement as a nuisance unless they are specifically assigned to that duty. I walk from Union Station to UIC and back every working day and have been doing so for years.I have never, ever--not one time--seen a Chicago Police Officer writing a traffic ticket. Almost every day I see driving behavior that should lead to public flogging. There are cops hanging out at the 7-11s and elsewhere. No tickets being written.
2. Even with the state police writing tickets on the expressways, it is like a scene from Deathrace. People drive over 100 mph. You see it all the time. And when the go to court for driving over 100 mph, 2/3 of the time they get court supervision and it doesn't even go on their driving record. Don't believe me? Read this. The judges couldn't care less, either, as long as the money comes rolling in from the fines. So: the expressways are full of people driving like maniacs. Many of them are driving on suspended licenses, don't have insurance, and seem not to care if they kill you.
3. So, if they fire the 464 Chicago area state troopers, CPD will not pick up the slack very well and it will be like the Autobahn out there.
I'm glad I take the train.
Monday, March 22, 2010
americas-most-underwater-housing-markets: Personal Finance News from Yahoo! Finance
americas-most-underwater-housing-markets: Personal Finance News from Yahoo! Finance: "'We have never had negative equity like this at the national level in as many different regions as we have now,' Humphries says. To get a better sense of the cities with the greatest concentrations of negative equity, Zillow provided U.S. News with data that detail the percentage of mortgage borrowers who are underwater in 142 distinct markets throughout the country. Based on this research, we compiled the following list of America's most underwater housing markets. (Please note: We chose no more than one city per state.)"
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Vegas, Merced, Phoenix, Orlando, Greeley, and on. Quite a spread.
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Vegas, Merced, Phoenix, Orlando, Greeley, and on. Quite a spread.
N.J. Town Out To Ban Dog Barking Round-The-Clock - wcbstv.com
N.J. Town Out To Ban Dog Barking Round-The-Clock - wcbstv.com: "But now in Piscataway an ordinance about incessant barking between 8 p.m. and 8 a.m., has been expanded to include barking around the clock. And, yes, you could be fined."
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As you can see, Piscataway, NJ, has solved all its other problems and has time for this.
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As you can see, Piscataway, NJ, has solved all its other problems and has time for this.
Sunday, March 21, 2010
Obama Paying More Than Buffett as Bonds Show U.S. Losing AAA - Bloomberg.com
Obama Paying More Than Buffett as Bonds Show U.S. Losing AAA - Bloomberg.com: "While Treasuries backed by the full faith and credit of the government typically yield less than corporate debt, the relationship has flipped as Moody’s Investors Service predicts the U.S. will spend more on debt service as a percentage of revenue this year than any other top-rated country except the U.K. America will use about 7 percent of taxes for debt payments in 2010 and almost 11 percent in 2013, moving “substantially” closer to losing its AAA rating, Moody’s said last week."
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Over the years I have often wondered if the rest of the western world was depending on us not becoming like them. Great Britain, France, etc., let their military strength deteriorate because they know we won't. They extend their welfare state because they know we won't. They were taking risks because they knew we wouldn't. There would always be this strong military power with a solid capitalist economy to serve as the backbone of the western world. But now we are becoming just like them. What happens? I guess we are going to find out.
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Over the years I have often wondered if the rest of the western world was depending on us not becoming like them. Great Britain, France, etc., let their military strength deteriorate because they know we won't. They extend their welfare state because they know we won't. They were taking risks because they knew we wouldn't. There would always be this strong military power with a solid capitalist economy to serve as the backbone of the western world. But now we are becoming just like them. What happens? I guess we are going to find out.
Friday, March 19, 2010
Red Menace: Stop the Ug99 Fungus Before Its Spores Bring Starvation | Magazine
Red Menace: Stop the Ug99 Fungus Before Its Spores Bring Starvation | Magazine: "Stem rust is the polio of agriculture, a plague that was brought under control nearly half a century ago as part of the celebrated Green Revolution. After years of trial and error, scientists managed to breed wheat that contained genes capable of repelling the assaults of Puccinia graminis, the formal name of the fungus.
But now it’s clear: The triumph didn’t last. While languishing in the Ugandan highlands, a small population of P. graminis evolved the means to overcome mankind’s most ingenious genetic defenses. This distinct new race of P. graminis, dubbed Ug99 after its country of origin (Uganda) and year of christening (1999), is storming east, working its way through Africa and the Middle East and threatening India and China. More than a billion lives are at stake. “It’s an absolute game-changer,” says Brian Steffenson, a cereal-disease expert at the University of Minnesota who travels to Njoro regularly to observe the enemy in the wild. “The pathogen takes out pretty much everything we have.”"
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In case you were running out of things to worry about...
But now it’s clear: The triumph didn’t last. While languishing in the Ugandan highlands, a small population of P. graminis evolved the means to overcome mankind’s most ingenious genetic defenses. This distinct new race of P. graminis, dubbed Ug99 after its country of origin (Uganda) and year of christening (1999), is storming east, working its way through Africa and the Middle East and threatening India and China. More than a billion lives are at stake. “It’s an absolute game-changer,” says Brian Steffenson, a cereal-disease expert at the University of Minnesota who travels to Njoro regularly to observe the enemy in the wild. “The pathogen takes out pretty much everything we have.”"
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In case you were running out of things to worry about...
Russia: Stray Dogs Master Complex Moscow Subway System - ABC News
Russia: Stray Dogs Master Complex Moscow Subway System - ABC News
This is pretty amazing--it is at the start of the 7 minute segment and well worth watching.
This is pretty amazing--it is at the start of the 7 minute segment and well worth watching.
Computer snafu is behind at least 50 'raids' on Brooklyn couple's home
Computer snafu is behind at least 50 'raids' on Brooklyn couple's home: "Embarrassed cops on Thursday cited a 'computer glitch' as the reason police targeted the home of an elderly, law-abiding couple more than 50 times in futile hunts for bad guys."
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If you live in New York, this is your tax dollars at work.
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If you live in New York, this is your tax dollars at work.
Wednesday, March 17, 2010
More homeowners are opting for 'strategic defaults' - latimes.com
More homeowners are opting for 'strategic defaults' - latimes.com: "Time was when Americans would do almost anything to hang on to their homes. But that commitment appears to be fraying as more people fall behind on their loans while watching the banks and lenders that helped trigger the financial crisis return to prosperity.
Nearly one-quarter of U.S. mortgages, or about 11 million loans, are 'underwater,' i.e. the houses are worth less than the balance of their loans. While home values are regaining ground -- median prices rose 10% in Southern California last month to $275,000 compared with a year earlier -- they remain far below the July 2007 peak of $505,000.
Many homeowners are just coming to grips with the idea that prices will take years to reach the pre-crash peak: as long as 14 years in California, according to economist Chris Thornberg."
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Fourteen years? For a baby boomer that is just way. Too. Long.
Thanks to Fred Pilot for this link and for pointing out that anybody who is strategically defaulting on their mortgage has already strategically defaulted on their HOA/condo assessments as well. The rocky times continue.
Nearly one-quarter of U.S. mortgages, or about 11 million loans, are 'underwater,' i.e. the houses are worth less than the balance of their loans. While home values are regaining ground -- median prices rose 10% in Southern California last month to $275,000 compared with a year earlier -- they remain far below the July 2007 peak of $505,000.
Many homeowners are just coming to grips with the idea that prices will take years to reach the pre-crash peak: as long as 14 years in California, according to economist Chris Thornberg."
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Fourteen years? For a baby boomer that is just way. Too. Long.
Thanks to Fred Pilot for this link and for pointing out that anybody who is strategically defaulting on their mortgage has already strategically defaulted on their HOA/condo assessments as well. The rocky times continue.
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