Miami-Dade property values rise for first time in four years - Miami-Dade - MiamiHerald.com
In a small conference room just outside County Hall’s commission chambers, Property Appraiser Pedro J. Garcia explained how county real-estate values rose almost 2 percent, to $190.7 billion, from a year ago, the first year-over-year increase since the real estate market slide began in 2007 – and a slight increase over his earlier estimate in late May.
“What we are seeing is a recovery period for Miami-Dade County,” Garcia said.
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Nice to see some good news for a change.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, June 30, 2012
Thursday, June 28, 2012
The Consumerist » Condos Sold Without Owners’ Permission For 1/3 Their Value
The Consumerist » Condos Sold Without Owners’ Permission For 1/3 Their Value
"Imagine that you've recently purchased a condo for $100,000. The complex where it's located is about 90% rented, and 10% owner-occupied. The complex's owner struggles, and the whole neighborhood goes up for sale in a foreclosure auction. The new owners dissolve the condo association, since they own all of the rentals, or 90% of the homes in the complex. This gives the owners permission to sell the entire complex at once, including what used to be condos. Your proceeds from having your home sold out from under you: $33,000. You still owe the rest of your mortgage, but have nowhere to live. Condo owners in Reading, Pennsylvania experienced this nightmare recently, and there is no legal way out for them."
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Wow. That's bizarre. I think there are some missing pieces in this story. If a condo association is dissolved it would create a tenancy in common. I'm trying to figure out how owners of 90% of the interests in a tenancy in common can sell 100% of the property. Thanks to Mystery Reader for the pointer.
"Imagine that you've recently purchased a condo for $100,000. The complex where it's located is about 90% rented, and 10% owner-occupied. The complex's owner struggles, and the whole neighborhood goes up for sale in a foreclosure auction. The new owners dissolve the condo association, since they own all of the rentals, or 90% of the homes in the complex. This gives the owners permission to sell the entire complex at once, including what used to be condos. Your proceeds from having your home sold out from under you: $33,000. You still owe the rest of your mortgage, but have nowhere to live. Condo owners in Reading, Pennsylvania experienced this nightmare recently, and there is no legal way out for them."
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Wow. That's bizarre. I think there are some missing pieces in this story. If a condo association is dissolved it would create a tenancy in common. I'm trying to figure out how owners of 90% of the interests in a tenancy in common can sell 100% of the property. Thanks to Mystery Reader for the pointer.
Wednesday, June 27, 2012
Reliant Energy shuts off neighborhood's power, claims HOA not paying bills | abc13.com
Reliant Energy shuts off neighborhood's power, claims HOA not paying bills | abc13.com:
The Kleinbrook HOA, residents say, is not really an association of homeowners since the HOA is still run by the developer of the neighborhood, Mint Homes. HOA president Mark Falkenstein has not returned our calls or those of residents. "Since 2004, we've never had an accounting of what the expenses and money goes for," Cole said.
"I would like to know what they are doing with that money, because that's my portion and I know a lot of other homeowners have paid theirs. So where is the money going? What are they doing with it?" resident Amy Smith said.
Residents say they're now considering legal action against the HOA and might try to dissolve it.
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More trouble in Privatopia. Film at 10.
The Kleinbrook HOA, residents say, is not really an association of homeowners since the HOA is still run by the developer of the neighborhood, Mint Homes. HOA president Mark Falkenstein has not returned our calls or those of residents. "Since 2004, we've never had an accounting of what the expenses and money goes for," Cole said.
"I would like to know what they are doing with that money, because that's my portion and I know a lot of other homeowners have paid theirs. So where is the money going? What are they doing with it?" resident Amy Smith said.
Residents say they're now considering legal action against the HOA and might try to dissolve it.
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More trouble in Privatopia. Film at 10.
Tuesday, June 26, 2012
Righthaven receiver moves to fire CEO Steven Gibson - VEGAS INC
Righthaven receiver moves to fire CEO Steven Gibson - VEGAS INC
"The receiver, Lake Tahoe-area attorney Lara Pearson, filed papers in federal court in Las Vegas saying Gibson has been taking actions to harm the company, that she is terminating him and that she plans to have Righthaven sue him for malpractice."
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You may recall that Righthaven is or was a copyright troll outfit that was suing bloggers for posting articles from the Las Vegas Review-Journal and the Denver Post. This article says they filed 275 lawsuits based on assignment of the newspapers' rights. The whole shabby plan crashed and burned when federal courts ruled that Righthaven didn't have standing to sue, and/or that the defendants were protected by the "fair use" doctrine. The company ended up owing $318,000 in attorney fees to the defendants, didn't pay, and had its assets seized and turned over to a receiver. Now the receiver is fed up with Righthaven's post-judgment antics, including a possible appeal, and wants to get the creditors paid before all the assets are dissipated.
"The receiver, Lake Tahoe-area attorney Lara Pearson, filed papers in federal court in Las Vegas saying Gibson has been taking actions to harm the company, that she is terminating him and that she plans to have Righthaven sue him for malpractice."
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You may recall that Righthaven is or was a copyright troll outfit that was suing bloggers for posting articles from the Las Vegas Review-Journal and the Denver Post. This article says they filed 275 lawsuits based on assignment of the newspapers' rights. The whole shabby plan crashed and burned when federal courts ruled that Righthaven didn't have standing to sue, and/or that the defendants were protected by the "fair use" doctrine. The company ended up owing $318,000 in attorney fees to the defendants, didn't pay, and had its assets seized and turned over to a receiver. Now the receiver is fed up with Righthaven's post-judgment antics, including a possible appeal, and wants to get the creditors paid before all the assets are dissipated.
Monday, June 25, 2012
MissileBases.com
Missile Bases : not just for missiles anymore!
"Thank you for your interest in the unique underground structures we offer for sale. These historic cold war structures were each built at the cost of millions of taxpayer dollars. These earth-contact hardened nuclear-proof structures are some of the strongest construction ever built on the planet. No cost was spared. They are the 20th Century’s counterpart of the fortified castles of past centuries. They bring new meaning to the word "shelter". Centuries from now they will remain."
"Thank you for your interest in the unique underground structures we offer for sale. These historic cold war structures were each built at the cost of millions of taxpayer dollars. These earth-contact hardened nuclear-proof structures are some of the strongest construction ever built on the planet. No cost was spared. They are the 20th Century’s counterpart of the fortified castles of past centuries. They bring new meaning to the word "shelter". Centuries from now they will remain."
Vivos Underground Shelter Network - YouTube
Vivos Underground Shelter Network - YouTube
This is even better than an above-ground gated community. But these people haven't read The Masque of the Red Death.
This is even better than an above-ground gated community. But these people haven't read The Masque of the Red Death.
Outsourcing Sandy Springs - Video Library - The New York Times
Outsourcing Sandy Springs - Video Library - The New York Times
This is the video version of the piece I linked to below. I am in it.
This is the video version of the piece I linked to below. I am in it.
Sunday, June 24, 2012
A Georgia Town Takes the People’s Business Private - NYTimes.com
A Georgia Town Takes the People’s Business Private - NYTimes.com
"The prospect of more Sandy Springs-style incorporations concerns people like Evan McKenzie, author of “Privatopia: Homeowner Associations and the Rise of Residential Private Government.” He worries that rich enclaves may decide to become gated communities writ large, walling themselves off from areas that are economically distressed."
"The prospect of more Sandy Springs-style incorporations concerns people like Evan McKenzie, author of “Privatopia: Homeowner Associations and the Rise of Residential Private Government.” He worries that rich enclaves may decide to become gated communities writ large, walling themselves off from areas that are economically distressed."
Saturday, June 23, 2012
Michigan county cracks down on unlicensed dogs
News from The Associated Press: FLINT, Mich. (AP) -- Hey, was that a bark?
With 18 full-time enforcers, a Michigan county is going door-to-door to find dogs that don't have a license, an effort that could raise more than $250,000 in fees this summer.
More than 1,700 dog owners in Genesee County bought licenses during a two-week amnesty when delinquent fees were waived. Now the campaign is getting serious with workers prepared to sell licenses on the spot or write tickets in the county 50 miles north of Detroit.
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Local governments are really scraping to bring in every dime of potential revenue.
With 18 full-time enforcers, a Michigan county is going door-to-door to find dogs that don't have a license, an effort that could raise more than $250,000 in fees this summer.
More than 1,700 dog owners in Genesee County bought licenses during a two-week amnesty when delinquent fees were waived. Now the campaign is getting serious with workers prepared to sell licenses on the spot or write tickets in the county 50 miles north of Detroit.
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Local governments are really scraping to bring in every dime of potential revenue.
Prisons, Privatization, Patronage - NYTimes.com
Prisons, Privatization, Patronage - NYTimes.com: So what’s really behind the drive to privatize prisons, and just about everything else?
One answer is that privatization can serve as a stealth form of government borrowing, in which governments avoid recording upfront expenses (or even raise money by selling existing facilities) while raising their long-run costs in ways taxpayers can’t see. We hear a lot about the hidden debts that states have incurred in the form of pension liabilities; we don’t hear much about the hidden debts now being accumulated in the form of long-term contracts with private companies hired to operate prisons, schools and more.
Another answer is that privatization is a way of getting rid of public employees, who do have a habit of unionizing and tend to lean Democratic in any case.
But the main answer, surely, is to follow the money. Never mind what privatization does or doesn’t do to state budgets; think instead of what it does for both the campaign coffers and the personal finances of politicians and their friends. As more and more government functions get privatized, states become pay-to-play paradises, in which both political contributions and contracts for friends and relatives become a quid pro quo for getting government business.
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Opponents of Privatopia who for years have been complaining the common interest development/community association industrial complex has taken over their neighborhoods, statehouses and city halls are likely nodding their heads in agreement.
One answer is that privatization can serve as a stealth form of government borrowing, in which governments avoid recording upfront expenses (or even raise money by selling existing facilities) while raising their long-run costs in ways taxpayers can’t see. We hear a lot about the hidden debts that states have incurred in the form of pension liabilities; we don’t hear much about the hidden debts now being accumulated in the form of long-term contracts with private companies hired to operate prisons, schools and more.
Another answer is that privatization is a way of getting rid of public employees, who do have a habit of unionizing and tend to lean Democratic in any case.
But the main answer, surely, is to follow the money. Never mind what privatization does or doesn’t do to state budgets; think instead of what it does for both the campaign coffers and the personal finances of politicians and their friends. As more and more government functions get privatized, states become pay-to-play paradises, in which both political contributions and contracts for friends and relatives become a quid pro quo for getting government business.
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Opponents of Privatopia who for years have been complaining the common interest development/community association industrial complex has taken over their neighborhoods, statehouses and city halls are likely nodding their heads in agreement.
Friday, June 22, 2012
Financially-strapped Nevada city declared disaster - Yahoo! News
Financially-strapped Nevada city declared disaster - Yahoo! News: After five years of declining property taxes, massive layoffs and questionable spending, leaders of the blue-collar, family-oriented city outside Las Vegas declared a state of emergency, invoking a rarely used state law crafted for unforeseen disasters.
No matter that the statute, which allows municipalities to suspend union contracts and avoid paying scheduled salary increases, doesn't actually include fiscal emergencies among the list of potential disasters.
"It says, in case of 'emergency such as.' You can't list how many different types of emergencies there are in the world," City Council member Wade Wagner said of the move, which will save the city $9 million.
There are many cities across the nation grappling with declining property values and growing expenses like North Las Vegas, but few, if any, have declared financial emergency.
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Apparently not even privatizing infrastructure and governance here in the heart of Privatopia was enough to make things pencil out.
No matter that the statute, which allows municipalities to suspend union contracts and avoid paying scheduled salary increases, doesn't actually include fiscal emergencies among the list of potential disasters.
"It says, in case of 'emergency such as.' You can't list how many different types of emergencies there are in the world," City Council member Wade Wagner said of the move, which will save the city $9 million.
There are many cities across the nation grappling with declining property values and growing expenses like North Las Vegas, but few, if any, have declared financial emergency.
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Apparently not even privatizing infrastructure and governance here in the heart of Privatopia was enough to make things pencil out.
Hacking into Gated Communities
Hacking into Gated Communities
In which somebody explains how to do that.
In which somebody explains how to do that.
Wednesday, June 20, 2012
Inside USA - Privatised cities - 17 Oct 08 - Part 1 - YouTube
Inside USA - Privatised cities - 17 Oct 08 - Part 1 - YouTube
This is a documentary about Sandy Springs, Georgia, an affluent suburb of Atlanta that incorporated itself as a municipality so the folks in their $350,000 homes wouldn't have to share their precious tax dollars with poor people. They contracted with mega-engineering firm CH2M Hill to provide all municipal services except police and fire for $25 or $30 million, making them basically a fully privatized city. The core of the whole thing, of course, is the CID housing in which these folks live. I guess if we need examples of privatopia, this place will do. There are four more "cities" like it nearby. I understand Sandy Springs got a better deal recently than CH2M Hill was giving them.
This is a documentary about Sandy Springs, Georgia, an affluent suburb of Atlanta that incorporated itself as a municipality so the folks in their $350,000 homes wouldn't have to share their precious tax dollars with poor people. They contracted with mega-engineering firm CH2M Hill to provide all municipal services except police and fire for $25 or $30 million, making them basically a fully privatized city. The core of the whole thing, of course, is the CID housing in which these folks live. I guess if we need examples of privatopia, this place will do. There are four more "cities" like it nearby. I understand Sandy Springs got a better deal recently than CH2M Hill was giving them.
Tuesday, June 19, 2012
Thief drains Cedar Lake HOA accounts
Thief drains Cedar Lake HOA accounts:
Stuart Cohen, a Portland-based attorney
representing Cedar Lake and some of the other victims, said he’s been
told that the suspect stole the money to fund a sister company in Palm
Springs, Calif., called Pacific Empire Community Management.
He estimates that 900 homeowners have lost money.
It is unclear whether the theft is covered by
Northwest Empire Community Management’s various insurance policies,
including one for “employee dishonesty.” Watson also hopes the Cedar
Lake Homeowners Association’s insurance covers some of the losses.
Colo. Neighborhood May Ban Sidewalk Chalk Art | KREX - News, Weather, Sports for Grand Junction | Montrose | Glenwood Springs - Coverage You Can Count On | Around the Region
Colo. Neighborhood May Ban Sidewalk Chalk Art | KREX - News, Weather, Sports for Grand Junction | Montrose | Glenwood Springs - Coverage You Can Count On | Around the Region
Everyone knows chalky sidewalks depress property values. Thanks to Bill Davis for this item.
Everyone knows chalky sidewalks depress property values. Thanks to Bill Davis for this item.
Saturday, June 16, 2012
Greenacres man, 80, ends up in jail, hospital after trying to save butterfly plants
Greenacres man, 80, ends up in jail, hospital after trying to save butterfly plants: The landscaping dispute came to a head Tuesday morning when workers arrived to remove the plants. John Buchholz, a retired Pratt &Whitney machinist, stood his ground.
“This is where you stop,” Buchholz told the workers armed with shovels when they approached the blue porterweed, corn plants, coontie, firebush and others.
That’s when property managers called police.
When police officers arrived, he continued to protest. According to Greenacres police, Buchholz screamed and yelled at the workers and prevented them from removing the plants.
During the confrontation, Pat Buchholz read passages from Earth Blessings, Prayers for Our Planet, a pamphlet from the Unity in the Pines church.
John Buchholz, 80, compared himself to Rosa Parks taking a stand for what is right. Then he cracked a joke. He told police they might want to call for backup because he had been trained in karate. They called for backup.
Buchholz was placed in handcuffs, charged with disorderly conduct and resisting arrest without violence. He’s scheduled to make a first appearance in court June 26.
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Zee plants haf to go. Komply or cooler!
“This is where you stop,” Buchholz told the workers armed with shovels when they approached the blue porterweed, corn plants, coontie, firebush and others.
That’s when property managers called police.
When police officers arrived, he continued to protest. According to Greenacres police, Buchholz screamed and yelled at the workers and prevented them from removing the plants.
During the confrontation, Pat Buchholz read passages from Earth Blessings, Prayers for Our Planet, a pamphlet from the Unity in the Pines church.
John Buchholz, 80, compared himself to Rosa Parks taking a stand for what is right. Then he cracked a joke. He told police they might want to call for backup because he had been trained in karate. They called for backup.
Buchholz was placed in handcuffs, charged with disorderly conduct and resisting arrest without violence. He’s scheduled to make a first appearance in court June 26.
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Zee plants haf to go. Komply or cooler!
Will there be enough water for both Vegas casinos and Privatopia?
Perilous new Vegas water pipeline claims a life - BusinessWeek: Ninety percent of Las Vegas water currently comes from Lake Mead, which has shrunk in recent years due to ongoing drought and increasing demand from seven states and more than 25 million people sharing Colorado River water rights under agreements dating to 1922.
The water authority is aggressively working on other ways to ensure a future water supply for Las Vegas' nearly 2 million residents and more than 40 million annual visitors. One is a controversial plan to build a $3.5 billion, 300-mile surface pipeline to pump billions of gallons of water south to Las Vegas from rural areas along the Nevada-Utah border.
In a city that averages just over four inches of rain per year, officials say they have no choice but to press on with the Lake Mead project. It promises to ensure the ability to fetch water no matter how low the reservoir gets.
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Looking forward, will Las Vegas have enough water to serve its casinos, fountains and golf courses that form the bedrock of its tourism-based economy as well as massive common interest developments built during the housing boom?
The water authority is aggressively working on other ways to ensure a future water supply for Las Vegas' nearly 2 million residents and more than 40 million annual visitors. One is a controversial plan to build a $3.5 billion, 300-mile surface pipeline to pump billions of gallons of water south to Las Vegas from rural areas along the Nevada-Utah border.
In a city that averages just over four inches of rain per year, officials say they have no choice but to press on with the Lake Mead project. It promises to ensure the ability to fetch water no matter how low the reservoir gets.
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Looking forward, will Las Vegas have enough water to serve its casinos, fountains and golf courses that form the bedrock of its tourism-based economy as well as massive common interest developments built during the housing boom?
4 more HOAs sued over collection costs deemed improper - VEGAS INC
4 more HOAs sued over collection costs deemed improper - VEGAS INC: Those attorneys regularly sue HOAs over what they call unauthorized collection costs and other charges included in liens that HOAs file against properties whose owners are delinquent on assessments and that ultimately are foreclosed on.
State law says HOAs can file ''Super Priority Liens'' that are ahead of mortgage liens, meaning the HOA lien amounts have to be paid for the buyer of a foreclosed property to obtain clear title.
Adams and Premsrirut insist these Super Priority Liens are limited under state law to six or nine months of assessments, depending on the circumstances.
State law says HOAs can file ''Super Priority Liens'' that are ahead of mortgage liens, meaning the HOA lien amounts have to be paid for the buyer of a foreclosed property to obtain clear title.
Adams and Premsrirut insist these Super Priority Liens are limited under state law to six or nine months of assessments, depending on the circumstances.
Thursday, June 14, 2012
Mazdabrook Commons HOA v. Khan
Folks--This is a major ruling that establishes free speech rights for owners in New Jersey under their state constitution. CAI fought on behalf of the association and lost. And the court explicitly rejected the argument made by the HOA that Khan waived his constitutional rights by the act of voluntarily purchasing a unit. Anybody who wants a copy of this opinion can get it from my law wiki at this address:
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