Saturday, May 26, 2012

HOA forecloses on Mesa homeowner | azfamily.com Phoenix

HOA forecloses on Mesa homeowner | azfamily.com Phoenix
She also stopped paying her monthly dues to the Fountain of the Sun Homeowners Association -- a requirement. She claims the HOA wasn't doing anything to keep up the neighborhood.

“They’re voted in. They do whatever they want with our money,” she said.

As a result, Brummer's HOA fees became so overdue that the HOA took her to court. In March, it actually won a judgment to foreclose on her home.

The foreclosure is to collect a total of $16,000. Nearly $13,000 are for HOA attorney fees, and the remainder is unpaid HOA dues and interest.

Brummer says she had no idea not paying HOA dues came with such a heavy price.

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So it seems that she knew she had an HOA but didn't like the way they did things, and she says she didn't know they could foreclose, so she stopped paying.  Eventually the HOA got a foreclosure judgment. This is a pretty shocking level of misunderstanding on her part.  If a person lives in an HOA with mandatory membership and mandatory assessments, it is child's play to enforce those obligations. 


George Staropoli says, of this situation:  "“The laws are pro-HOA laws,” Staropoll said. “The CC&Rs are adhesion contracts. The homeowner who lives in a homeowner association is deprived of the rights, privileges, and freedoms that he enjoys outside the HOA. Why are they taken away from him?”

That's true--there are a lot of "pro-HOA laws" that put owners at a disadvantage, as George says. However, this case would be an open and shut foreclosure under any state's laws, based on what is in this news account. It looks like a matter of complete ignorance of the entire concept. 


Maybe the Arizona state government should make sure people know what they are getting into when they buy into an HOA. Or maybe they should address the amount of attorney fees relative to the dues and late charges in question (in this case, $13,000 for the lawyers, $3000 for the HOA).  Every session the AZ legislature takes up a bunch of HOA reform bills, but I wonder sometimes if Arizona is like Texas--a place where, when all is said and done, the political climate just isn't particularly supportive of government protecting consumers.  Arizona is one of those red states where most of the voters seem to think we don't need no guvmint interfering in people's bidness.  (They would all die of thirst in three days if not for their dependence on the federal government for "the largest and most expensive aqueduct system ever constructed in the United States",but leave that aside for the moment.)  They keep voting for hard-right people like Jan Brewer, Jon Kyl, and Jeff Flake. Now they are going big for private prisons that are a bad deal.  Government bad, private sector good. And that kind of political culture isn't conducive to serious consumer protection. 


Thanks to Fred Pilot for the link. 

Wednesday, May 23, 2012

Residents question HOA accountability | KXAN.com

Residents question HOA accountability | KXAN.com
AUSTIN (KXAN) - A dispute over what could be more than $1 million in unaccounted-for spending by an Austin homeowners association has sparked a police inquiry into possible fraud and theft, a KXAN investigation has confirmed.
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Yes...another one.
Thanks to Fred Pilot for the link.

Monday, May 21, 2012

NYC's First Million Dollar Parking Spot to Hit Market - Local News - New York, NY - msnbc.com

NYC's First Million Dollar Parking Spot to Hit Market - Local News - New York, NY - msnbc.com
The private parking spot is located inside an eight-story luxury condominium building at 66 E. 11th St., and will come with its own deed and sales contract, the New York Post reports. Like a condo, it will be charged maintenance fees.
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So the 0.0001% are doing fine, thank you very much.

Inmates riot in Mississippi private prison, one guard killed

Inmates riot in Mississippi prison, one guard killed - chicagotribune.com

 Inmates seized control of a privately owned prison in Mississippi on Sunday after riots broke out, and a guard was killed in the chaos in the low security facility, authorities said. Adams County Coroner James Lee said the 23-year-old guard died of blunt trauma to the head during the riot at the Adams County Correctional Center, a privately owned prison that houses mostly illegal immigrants for the Federal Bureau of Prisons. "This is an ongoing riot that still has not been rectified because the prisoners are in still in charge of the prison," Lee said, speaking at around 9 p.m. local time. The disturbance in the 2,567-bed prison began on Sunday afternoon inside the facility in Natchez, Mississippi, the Corrections Corporation of America, which owns the prison, said in a statement.
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This experiment in privatization doesn't seem to be turning out so well.

At home with the denizens of Slab City - video reveals the lives of weirdos, hippies and drug addicts inhabiting the lawless patch of California desert | Mail Online

At home with the denizens of Slab City - video reveals the lives of weirdos, hippies and drug addicts inhabiting the lawless patch of California desert | Mail Online

'You have cool people, you have dumb asses and you have all those in between,' he says. 
'We just have fewer people and we have a general consensus to live and let live and to let each other alone and to mind their own business."
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And best of all, no homeowners' association to boss you around.

Camp: The former military base turned alternative community is now home to almost 2,000 people on and off

Wednesday, May 16, 2012

FOCUS: Colonized by Corporations

FOCUS: Colonized by Corporations
"We have been, like nations on the periphery of empire, colonized. We are controlled by tiny corporate entities that have no loyalty to the nation and indeed in the language of traditional patriotism are traitors. They strip us of our resources, keep us politically passive and enrich themselves at our expense."
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So says Chris Hedges, one of the most trenchant and literate critics of the role of corporations in our society.

Gov. Jan Brewer Signs New Law That Takes Debt Collectors' Word For How Much You Owe | Crooks and Liars

Gov. Jan Brewer Signs New Law That Takes Debt Collectors' Word For How Much You Owe | Crooks and Liars

The language in this bill — primarily, but unofficially, known as the Credit Card Responsibility Bill — that pertains to collection agencies is this:
“In an uncontested court action in this state a creditor may establish the amount of the debt that is owed on a credit card account through a copy of the issuer’s final billing statement or by the electronic record pursuant to section 44-7007 that is maintained by the issuer and that represents the amount owed. In contested actions the court shall weigh the evidence of the parties as required by law.”
"Well yes, theoretically, the courts would weigh evidence. But as we saw in the Florida foreclosure courts, judges simply rubber-stamped the bank requests, no matter how egregious or poorly documented their claims. So I wouldn't count on it."
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So Governor Brewer is making it easy for collection agencies to "prove" the amount that is owed. Now they don't have to go to the trouble of finding and digging through all the records of the original creditor to find out how much is really owed. They just offer the last billing statement.

follow up:  If you would like to read why this is a bad idea, with a real-world example from Tennessee, check out law professor Bob Lawless' take on it at the blog Credit Slips. : "The documentation problems identified in LVNV Funding are pervasive throughout the debt collection industry. Because not every court is careful and because not every consumer has good representation, credit card debts undoubtedly are being collected without adequate evidence the debt is due and owing." 

Wells Fargo Has Blood on Its Hands: Desperate Man Commits Suicide After Shocking Foreclosure Mistreatment | News & Politics | AlterNet

Wells Fargo Has Blood on Its Hands: Desperate Man Commits Suicide After Shocking Foreclosure Mistreatment | News & Politics | AlterNet
For every story about HOA foreclosure abuse, there are probably a hundred unpublicized stories of mortgage foreclosure abuse where banks that the taxpayers bailed out have been aggressively screwing people. They are misapplying payments, fraudulently force-placing insurance, losing checks, and doing other things to create a phony basis for "default," and then sending the file to a foreclosure mill.

Monday, May 14, 2012

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

A co-conspirator in the Plymouth Hill Condominium kickback scam pleaded guilty in court April 26 and has agreed to testify against his accomplices. Keith Brandolph, a salesperson with Siemens Fire Safety, pleaded guilty to one count of theft by deception and one count of engaging in criminal conspiracy after he admitted to helping the condo association manager swindle hundreds of thousands of dollars from owners within Plymouth Hill condominiums. Last year, the district attorney initially charged Vincent Lopez, the paid facility manager of the condo complex, and three others with cheating homeowners out of as much as $600,000 through various thinly veiled means of hiking association rates. Lopez and two others — Irving Betoff and Roosevelt Harris — are scheduled to plead guilty to unknown charges May 2. Patricia Paugh, assistant property manager of Plymouth Hill condos, who is charged with theft, criminal conspiracy and related offenses, is expected to plead guilty the following day.
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Thanks to Rodney Gray for this link. There have been so many of these episodes that you would expect demands for government oversight of property management firms. This one is from Pennsylvania.

Sunday, May 13, 2012

Covington-area family battles homeowners association over solar panels | NOLA.com

Covington-area family battles homeowners association over solar panels | NOLA.com

He had solar panels installed on the roof of his house in the Estates of Northpark near Covington in March and cut his family's time on the grid -- and his electricity costs -- by about 80 percent.
But the time for celebration never came. Before he ever received his first post-solar electric bill, his homeowners association sued him, saying Piazza had not gotten permission to install the panels on his house.
Neighbors in the gated enclave -- typical of many newer, upscale subdivisions in St. Tammany Parish -- also complained that the eco-friendly panels are "unsightly," according to the lawsuit.
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Thanks to Fred Pilot and Beanie Adolph for this link. It seems that this solar panel vs. HOA issue may become a  serious problem that will require national legislation. That's what happened with satellite dishes. Eventually the satellite TV industry lobbied congress, which ordered the FCC to draft a rule, and now we don't see so many conflicts over satellite dishes in HOA and condo properties. Solar panels will be a major part of our energy supply system eventually, and I can't see condo and hoa boards being allowed to get in the way of that, particularly on "unsightliness" grounds.

Friday, May 11, 2012

Fannie Mae had first-quarter profit, needs no new taxpayer funds - latimes.com

Fannie Mae had first-quarter profit, needs no new taxpayer funds - latimes.com

WASHINGTON — Fannie Mae on Wednesday reported a $2.7-billion profit for the first three months of the year and will not need new taxpayer money for the first time since the government seized the housing finance giant in 2008.


Fannie Mae said the improvement in its finances came from a slower decline in housing prices, a lower rate of homeowners behind on their payments and fewer foreclosed homes on the company's books.
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It's nice to see something that isn't entirely negative. I think that passes for semi-optimism.

Wednesday, May 09, 2012

The woman who lives in a shed: how London landlords are cashing in | Society | The Guardian

The woman who lives in a shed: how London landlords are cashing in | Society | The Guardian

Council finds people living in everything from massively overcrowded houses to a walk-in freezer – and the problem is getting worse...Converted sheds have become an increasingly mainstream – if illegal – part of the London property market. It's a logical development, given the explosion of property prices throughout the capital, and the huge shortage of supply. As central London becomes more expensive, people are pushed further out and rental prices even in Newham, which is the second most deprived borough in England and Wales, are rising fast.
Landlords are subdividing family homes into smaller and smaller units, haphazardly extending plumbing and electricity connections from the main properties into the garden sheds and garages, which they have no problem in renting out.
Newham's mayor, Sir Robin Wales, is dismayed. "It's big money. You get a few breeze blocks, sling up some crappy old shed in your back garden, and now you're making hundreds and hundreds of pounds a week. It doesn't take long for you to make a lot of money out of it, provided you are prepared to trade in human misery.
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Life under the virtuous austerity program of David Cameron is working out to be much like the Victorian Era. They are back in recession. If the Republicans take over the national government in November, we can look forward to the same.

Ecuador law would forgive debt on defaulted mortgages of first-time buyers - The Washington Post

Ecuador law would forgive debt on defaulted mortgages of first-time buyers - The Washington Post

QUITO, Ecuador — Ecuador’s legislature has passed legislation that would require banks to forgive any outstanding debt on mortgages for first-time home buyers of properties worth up to $146,000 if they default and forfeit a home.


The measure, aimed at discouraging a real estate bubble of the type that has caused so much pain in the United States and Europe, won praise from many Ecuadoreans on Wednesday. The country’s banking industry did not immediately comment.
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That makes Ecuador the leading edge of housing finance reform.

George Lucas pushes low-income housing option

George Lucas pushes low-income housing option
The Marin Community Foundation announced Tuesday that it is working with Lucasfilm to "explore options" for building affordable housing in the location where the movie mogul wanted to build a film studio until residents in an adjacent subdivision protested.

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I can see why "affordable" housing is needed there. Marin County homes are currently worth an average of $565,000.

Tuesday, May 08, 2012

PHOTOS: Wilbur the pig wins Texas HOA court battle | kens5.com San Antonio

PHOTOS: Wilbur the pig wins Texas HOA court battle | kens5.com San Antonio
The HOA says Wilbur is livestock. The family says he is a pet. The judge agrees with the family: Wilbur is a pet. I wonder if he asked, "But why does the pig have a wooden leg?" (IF you don't know that joke, it's easy to look up.)

Thanks to Fred Pilot for the link.
<font color=990000>PHOTOS:</font> Wilbur the pig wins Texas HOA court battle

Monday, May 07, 2012

“The HOAX” is Plugged on ABC Channel 13 Las Vegas | The HOAX documentary

“The HOAX” is Plugged on ABC Channel 13 Las Vegas | The HOAX documentary
Yes, indeed it is. There is even a link on the Channel 13 website to the trailer for Rodney's film.

HOA board member's bad behavior catches up with him - www.ktnv.com

HOA board member's bad behavior catches up with him - www.ktnv.com

North Las Vegas, NV (KTNV) -- He's the man Contact 13 dubbed president of the HOA Hall of Shame.
And now, his reign may be coming to an end.
Chief Investigator Darcy Spears first broke this story in late 2010. Now, a year and a half later, the state is finally taking action against Joe Bitsky...The letter says the Real Estate Division has "obtained sufficient evidence to commence a disciplinary action... and intends to file a complaint for hearing before the Commission for Common Interest Communities." In the letter, the Autumn Chase board is accused of violating more than 16 state laws, including failing to audit HOA funds; failing to hold proper elections; and conducting financial transactions not in the association's interest and for their own personal gain such as using association money to install security cameras on their home....And as always, continue sending your nominations for the HOA Hall of Shame to 13investigates@ktnv.com.
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And check out this plug for Rodney Gray's new documentary:  "Bitsky's behavior and Contact 13's coverage of it has earned Autumn Chase and our own Darcy Spears a featured spot in a soon-to-be-released national documentary on HOAs. We've set up a link to the trailer.  To see it, just type links in the search box.."

Off the Grid : Eric Valli

Off the Grid : Eric Valli


"There are growing number of people 
who have decided to live light on the earth
to not be a part of problem anymore
I spent the last few years with four of them 
striving for harmony with nature 
in the most pristine corners of United States."
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These photos are just amazing. Take a look.

The homes of the future: Amazing pictures of sleek and stylish houses show next generation of American living | Mail Online

The homes of the future: Amazing pictures of sleek and stylish houses show next generation of American living | Mail Online
Isn't it interesting that whenever people talk about homes of the future or dream homes, the place is always unique and often designed to reflect the owner's interests or personality?  That is, when the owner is rich. When the owner is a working schmoe like most of us, s/he gets a place that is a testament to rigid uniformity.  Not only does look like everything else in the neighborhood--it comes with a set of rules that make it impossible for the owner to make any significant changes in the house's appearance, size, or function.  I guess individualized homes are a perquisite of the rich and famous. The rest of us are governed by the banking and investment system that requires fungible housing units, so they can be securitized and valued and maintained as little pieces of security for mortgage backed securities.