Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Friday, September 24, 2010
Police: Conn. man stole flag, put up hippo toy
WATERBURY, Conn. – Call it the case of the flying hippo. Connecticut police said a man stole an American flag from Waterbury's Town Plot Park and hoisted a stuffed hippopotamus toy in its place. Twenty-three-year-old Jeffrey Kovic, of Waterbury, was arrested and was being held in lieu of $100,000 bail on misdemeanor larceny, criminal mischief and conspiracy charges.
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Good thing he didn't fly the hippo from a pole in Privatopia or he would have faced both public and private prosecution.
Monday, September 20, 2010
Ozone layer 'is no longer disappearing and will return to full strength by 2048' | Mail Online
The phasing out of nearly 100 substances once used in products like refrigerators and aerosols has stopped the ozone layer being depleted further, although it is not yet increasing, according to a new United Nations report released last week.
Read more: http://www.dailymail.co.uk/sciencetech/article-1313599/Ozone-layer-longer-disappearing-return-strength-2048.html#ixzz108BleiJP
Friday, September 17, 2010
Banks win delay in demolition of abandoned Fort Lauderdale condo complex
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Ever wonder what happens when an association goes defunct? It is not pretty.
And what happens to all those property values that were being protected?
Thursday, September 16, 2010
When a municipal election resembles Privatopia
Wednesday, September 15, 2010
Yellow mailboxes latest symbol of anti-HOA protest


Mailbox battle in Chesterfield's Brandermill brings protest
Day by day, more of the yellow boxes are popping up. In fact, one more for our camera early this morning. They are standing out in a community making a big visual statement about a decision that hits their wallet. But it's a decision that the community association board says has been publicized for months, like in the community newspaper.
They are hard to miss -- one yellow box after another. When-Dee Morrison spearheaded this protest. "They definitely stand out. It doesn't go with our park-like setting," Morrison said. This, just days after the Brandermill Community Association decided each home in this community must get this new mailbox. Those boxes would cost $155.________________________________
As political scientists are wont to do, Evan McKenzie, the owner of this plot of cyberspace real estate, has labeled the yet unorganized political movement that rejects the authority of private HOA governance (but oddly doesn't lobby states to repeal HOA enabling statutes) as the Pink Flamingos.
That token of expressing discontent and defiance arose out of HOAs going after inmates who dared to plant the tacky pink plastic avian decorations on their front lawns, potentially driving down property values faster than a trailer park full of deteriorating double wide FEMA trailers.
Now another symbol of protest against dictatorial, unresponsive Privatopian government has emerged: the yellow mailbox. Perhaps not coincidentally the same color of the Gadsen "Don't Tread on Me" flag that has become the symbol of a somewhat more organized political movement called the Tea Party.
Monday, September 13, 2010
Rule breakers, beware: New law gives homeowners' associations more muscle - Home & Garden - MiamiHerald.com
Homeowner's Association Uses Chopper To Find Violations - Local 2 Investigates News Story - KPRC Houston
Big Brother is searching you - Computerworld
"The town of Riverhead on Long Island usedGoogle Earth to search all back yards in the town for illegal swimming pools.
They found about 250 pools built without permits and collected about $75,000 in fines."
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This came from Mystery Reader. I remember prosecuting drug cases where the search warrant was based on aerial surveillance, and the Supreme Court ruled on issues such as how high the plane had to be, etc. But now government can use Google Earth and zoom right in.
FT.com / US / Economy & Fed - US state steps in to meet city’s debt cost
Sunday, September 12, 2010
SIDE STREETS: HOA acting squirrelly at Lexington Park and everyone appears to be nuts
SIDE STREETS: HOA acting squirrelly at Lexington Park and everyone appears to be nuts
It sounded too wild to be true: A woman claimed her efforts to rescue a squirrel had incited the wrath of her homeowners association board and led to harassment, hundreds of dollars in fines, and even allegations of felony theft lodged against her with police.
So I contacted the president of the Lexington Park Townhomes HOA figuring I’d clear it up and move on.
But Chad Farris, the HOA president, declined to talk to me. Ordered me not to use his name. Wanted me to meet him “in a public place with my attorney present.”
Hmm. Maybe the squirrel lady isn’t nuts, after all.
---------------------------------------------------------Indeed. And kudos to the writer of the headline for this tale of HOA insanity.
Friday, September 10, 2010
FOXNews.com - Cities Increasingly Turn to 'Trash Police' to Enforce Recycling Laws
In a growing number of cities across the U.S., local governments are placing computer chips in recycling bins to collect data on refuse disposal, and then fining residents who don't participate in recycling efforts and forcing others into educational programs meant to instill respect for the environment.
From Charlotte, N.C., to Cleveland, Ohio, from Boise, Idaho, to Flint, Mich., the green police are spreading out. And that alarms some privacy advocates who are asking: Should local governments have the right to monitor how you divide your paper cups from your plastic forks? Is that really the role of government?
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I'd say, "no."
Wednesday, September 08, 2010
http://www2.tbo.com/content/2010/sep/08/pa-homeowners-stand-may-be-shortsighted/
Cars on blocks. Knee-deep grass. Going to seed. Around a neglected above-ground pool. In the front yard. Chartreuse-and-fuchsia repainting jobs. Beds of silk plants. Bordered by pinwheels acquired at a dollar store end-of-the-season closeout sale.
The horror. The horror.
Apocalyptic prospects
The remote chance that one or some combination of these apocalyptic prospects could come to pass on your block is why deed restrictions and their enforcement arm - the homeowners association - evolved. It turns out, apparently, after Woodstock and Vietnam, we no longer trust one another to tend to our corner of the American dream as fastidiously and tastefully as June and Ward Cleaver (the 1980s Clair and Cliff Huxtable notwithstanding).
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To that, the HOA abolitionists cry "HOA apocalypse now!"
HOA residents told garbage pick up their problem
Meredith Baker was happy and excited on the day in June when she and her family moved into their new house in the Country Meadows subdivision in the Village of Hamburg — until she found that there was no one to pick up the garbage.
“I called the village the next day and said, ‘What day is our garbage pickup?’ ” she said. “They said, ‘What are you talking about? We don’t pick up your garbage.’ ”
Then she called Ryan Homes, the builder of her house, and asked whether the homeowners association picked up the garbage, and she was told she would have to buy the service herself.
Financial crisis hits condo associations Amy Hoak's Home Economics - MarketWatch
CONSUMER FINANCE: Condo Owners Trade Lawn Mowers For Spread Sheets - WSJ.com
Paying the tax man when Privatopia craters
Paying the tax man when Privatopia craters
The crippled Las Vegas housing market has triggered a legal battle pitting investors buying foreclosed homes against homeowners associations, with millions of dollars at stake.
The key issue — and what will probably be dragged out all the way to the state Supreme Court — is collection companies tacking on their fees to the delinquent HOA dues they have been trying to collect, in many cases for longer than a year. If associations lose and can’t get past-due fees, assessments on paying homeowners will probably increase.
That additional charge for collections has run several thousand dollars in some cases and exceeded what the investors sometimes had to pay in delinquent HOA dues. With collection costs averaging about $2,000 per foreclosed home, investors said the amount owed could easily surpass $50 million.
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When local government privatizes, so does the task of collecting property assessments. Private local government collection costs are just too doggone high, claim investors who are being hit up for past due HOA assessments on thousands of Las Vegas REO properties. The community association collection industry counters with dark warnings that HOAs will go into receivership and assessments will increase if the assessment collectors don't get their due.
This is one of the drawbacks of privatizing local government. The tax collectors aren't paid by the taxpayers but rather via private contracts to act as the HOA's proxy. As this Las Vegas Sun story illustrates, that can lead to some nasty litigation.
Tuesday, September 07, 2010
Questions raised about tombstone removal from small historic cemetery in Holmdel | APP.com | Asbury Park Press
But Beau Ridge Association president Edward Esler said everything was done by the letter of the association's laws.
'There's no story here,' Esler said. 'By the bylaws of our organization, we are required to maintain that area, which was done when the place was built 25 years ago and is being done now. Everything we've done has been done to the letter of the law.'"
Monday, September 06, 2010
FloriDUH: HOA charging $600 for a mailbox
FloriDUH: HOA charging $600 for a mailbox
Now the association is trying to turn the neglected neighborhood around by charging fees to new buyers lured by low home prices. They think homeowners who didn't pay mortgages or dues for years should not be allowed to just walk away and leave behind an eyesore, reports TBO.com.
The community started charging buyers a $400 transfer fee, then a $225 fee to release liens against the property. There is also a $250 charge to prepare a letter detailing the fees owed. If buyers or sellers opt to do the work themselves, there is a $75 fee for the association to review the work, reports TBO.com.
And $600 for a mailbox.
Do homeowner regulations go too far? | StarNewsOnline.com
Bladder Lane, Bent Street and Butt Hole Road – the street names that reached the end of the road - Telegraph
In some cases, the name change has followed years of ridicule.
The inhabitants of Butt Hole Road even had to put up with coach loads of US tourists visiting to have their pictures taken near the road sign, after the street appeared in an American book and on the internet."
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This is the opposite of what developers do, where they name streets in a desert something like "Ocean Wave Lane."