Florida homeowner association: florida homeowner association fight banks - OrlandoSentinel.com: Jan Bergemann, president of the Cyber Citizens for Justice association watchdog group, said this week that law firms should not represent both groups.
"That should be a conflict of interest,'' Bergemann said. "Banks normally like to postpone as long as possible the moment they are the deeded owner. The homeowner association, meanwhile, has an interest to foreclose as soon as possible.'
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Conflicts of interest are determined on a case by case basis. That said, law firms that play both sides of the street are making some denizens of Privatopia uncomfortable.
Thursday, October 11, 2012
Political lawn signs: Free speech or an eyesore? | News - Home
Political lawn signs: Free speech or an eyesore? | News - Home: Calderon says despite the First Amendment right to freedom of speech, in almost all sign disputes, the HOA will prevail. While courts typically rule against local or state governments that restrict political signs, HOAs are private entities and can create their own rules.
"And the thing is that they're not discriminating on the grounds of what kind of speech it is," said Calderon. "You can restrict speech on time, manner and place."
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And watch those flags and flagpoles, too.
"And the thing is that they're not discriminating on the grounds of what kind of speech it is," said Calderon. "You can restrict speech on time, manner and place."
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And watch those flags and flagpoles, too.
Lake County homeowners form anti-HOA group | www.wftv.com
Lake County homeowners form anti-HOA group | www.wftv.com: LAKE COUNTY, Fla. —The leaders of more than 200 Lake County homeowners turned to WFTV in hopes of solving a problem with what they say is an out-of-control Homeowners Association.
Homeowners insist they have no say in what happens in their community, partly because Yale University owns Harbor Hills in Lady Lake.
Homeowners sent a binder full of complaints about Harbor Hills to the Ivy League school. But so far, they've gotten no response.
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Yale? Paging the perfessor...
Homeowners insist they have no say in what happens in their community, partly because Yale University owns Harbor Hills in Lady Lake.
Homeowners sent a binder full of complaints about Harbor Hills to the Ivy League school. But so far, they've gotten no response.
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Yale? Paging the perfessor...
Wednesday, October 10, 2012
Suburban poverty Kabul style: One million residents populate the steep hills around the Afghan capital... but it's a long way from the high life | Mail Online
Poverty i Kabul style: One million residents populate the steep hills around the Afghan capital... but it's a long way from the high life | Mail Online
"Low-income housing has spread high into the hills and, while running water has been recently added to some of the luckier neighbourhoods, foul and disease-laden open sewers still run downhill through streets and putrid gutters.
In suburbs like Jamal Mina, home to construction worker Ahmad Tazim and his family, residents are almost literally on top of each other - living a hand-to-mouth existence made even wore brutal by the seemingly endless conflict in the country.
But life is to become even worse for Tazim and other construction workers like him - the booming construction industry is about to bust. And it's not just disastrous news for the poor in the country: the emerging upper class in Kabul alsoface losing their new mansions and high-rise apartments in a much-feared economic freefall."
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Tuesday, October 09, 2012
Residents at Orlando condo complex face eviction due to unpaid... | www.wftv.com
Residents at Orlando condo complex face eviction due to unpaid... | www.wftv.com: ORLANDO, Fla. —People who live in an Orlando condo complex could soon be kicked out of their own homes.
The Orlando Utility Commission is about to shut off water to The Village on Crayrich Circle because the complex isn't paying its bills. And if the water is shut off, no one will be allowed to live there.
The Orlando Utility Commission is about to shut off water to The Village on Crayrich Circle because the complex isn't paying its bills. And if the water is shut off, no one will be allowed to live there.
Moody's targets Calif. cities for downgrades | Money - KCRA Home
Moody's targets Calif. cities for downgrades | Money - KCRA Home: SACRAMENTO, Calif. — One of the nation's top credit rating agencies will review dozens of California cities for possible credit downgrades amid mounting concern over municipal bankruptcies and bond defaults.
Moody's Investors Service announced Tuesday that it would scrutinize nearly 30 California cities for possible downgrades.
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Not just in Privatopia...things are tough all over. Five years of economic malaise are taking an accumulated toll despite some positive economic indicators in recent weeks.
Moody's Investors Service announced Tuesday that it would scrutinize nearly 30 California cities for possible downgrades.
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Not just in Privatopia...things are tough all over. Five years of economic malaise are taking an accumulated toll despite some positive economic indicators in recent weeks.
State of the association | ind.gmnews.com | Independent
State of the association | ind.gmnews.com | Independent: The housing bust battered home sales and prices while skyrocketing foreclosures. It also took its toll on homeowner associations, which govern and maintain condominiums, townhomes and single-family communities.
With unemployment hovering at 8 percent, many homeowners are struggling with mortgage payments, and assessments (which pay for HOA costs) are falling by the wayside. All this is happening as more and more people move to multi-unit housing and become HOA members.
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The fallout of the economic downturn continues to roil Privatopia.
With unemployment hovering at 8 percent, many homeowners are struggling with mortgage payments, and assessments (which pay for HOA costs) are falling by the wayside. All this is happening as more and more people move to multi-unit housing and become HOA members.
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The fallout of the economic downturn continues to roil Privatopia.
Notorious HOA Board Removed by State - 8 News NOW
Notorious HOA Board Removed by State - 8 News NOW: NORTH LAS VEGAS -- The state real estate division on Monday took what it termed "unprecedented action" by removing an infamous one-time HOA president and his entire board.
The Nevada Commission for Common-Interest Communities and Condominium Hotels (CICCH) ousted Joseph Bitsky, Barbara Bitsky and Hellen Murphy – the full three-person board of the Autumn Chase Homeowners Association in North Las Vegas – for hundreds of violations of state law governing HOA's.
The Nevada Commission for Common-Interest Communities and Condominium Hotels (CICCH) ousted Joseph Bitsky, Barbara Bitsky and Hellen Murphy – the full three-person board of the Autumn Chase Homeowners Association in North Las Vegas – for hundreds of violations of state law governing HOA's.
Monday, October 08, 2012
Treasurer accused of stealing $70,000 from west Toledo homeowner - ToledoNewsNow.com: News, Weather & Sports for Toledo, OH
Treasurer accused of stealing $70,000 from west Toledo homeowner - ToledoNewsNow.com: News, Weather & Sports for Toledo, OH: TOLEDO, OH (Toledo News Now) -
Residents of west Toledo's Lincolnshire neighborhood are upset after a police report has surfaced alleging a member of the neighborhood association stole from its members.
A report filed by the association's board of trustees claims former association treasurer Peter Williamson stole more than $70,000 from the association's accounts between 2011 and August of 2012, when he resigned. Residents say just three days after Williamson's resignation they received a letter requesting they pay an additional $100 in neighborhood dues in order to pay for pool repairs. The cost of those repairs, residents say, was suspiciously similar to the amount missing.
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Innocent until proven guilty. But these kinds of stories are all too common in Privatopia.
Residents of west Toledo's Lincolnshire neighborhood are upset after a police report has surfaced alleging a member of the neighborhood association stole from its members.
A report filed by the association's board of trustees claims former association treasurer Peter Williamson stole more than $70,000 from the association's accounts between 2011 and August of 2012, when he resigned. Residents say just three days after Williamson's resignation they received a letter requesting they pay an additional $100 in neighborhood dues in order to pay for pool repairs. The cost of those repairs, residents say, was suspiciously similar to the amount missing.
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Innocent until proven guilty. But these kinds of stories are all too common in Privatopia.
‘World’s largest yacht’ headed to Eastport and other Maine ports of call — Down East — Bangor Daily News — BDN Maine
‘World’s largest yacht’ headed to Eastport and other Maine ports of call — Down East — Bangor Daily News — BDN Maine
EASTPORT, Maine — Billed as “the world’s largest privately owned yacht,” The World will tie up at Eastport’s downtown breakwater pier Tuesday morning, allowing those who live aboard the 12-deck, 644-foot vessel to enjoy a day of exploring the historic Washington County seaport.
The unique ship is a floating city, owned by 130 families from 19 different countries who occupy with their guests 165 private condominium residences. Launched in 2002, The World continuously circumnavigates the globe, and it has now visited 800 ports in 140 countries. The ship’s 2012 itinerary is taking those aboard to 31 different countries. Beyond Eastport, the ship is scheduled to stop in Bar Harbor, Rockland and Portland before heading on to Boston. Its last port of call before heading to Eastport was in Canada at St. Andrews, N.B.
The World is the only private residential community at sea.
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I've blogged about 'The World" before, but here she is, about to grace the state of my birth with her intensely private and opulent presence. I seem to remember that there were some interesting taxation advantages to be had by making this ship one's principal residence.
Sunday, October 07, 2012
Condo owners sue management -- Walworth County Today
Condo owners sue management -- Walworth County Today:
ELKHORN — Forty-five Lake Lawn Lodge condominium owners have sued the resort and its condo association for more than $5 million over rent payments, a unit management agreement and other financial matters.
The suit, filed Sept. 26 in Walworth County, has been assigned to Judge James Carlson. The summons requires the defendants to respond with a written answer to the complaint within 45 days.
The 40-page complaint alleges that Lake Lawn and Lodges at Lake Lawn Resort Condominium Association manipulated agreements with the owners following the resort’s Aug. 5, 2009, foreclosure. The 45-condo owners allege that the defendants illegally obtained a majority of the governing board through four commercial units and assumed control of 70 percent of rental revenue when a customary percentage for management was 40 percent.
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Another dispute over alleged manipulation of voting rights to seize control of an association for financial gain. I don't know who is right or wrong in this particular case. However, it seems to me that the frequency of this sort of situation has increased since the housing market collapsed. Before the crash, disputes over architectural review decisions, foreclosures for unpaid assessments, and strange rules violations cases were the norm in the press. Now there seem to be more embezzlements, frauds, and association control controversies. Everybody involved in common interest housing is getting squeezed by the loss of value--banks and investors, developers, management companies, lawyers, and most of all the owners who are expected to support these associations through collective use of their scarce individual resources.
ELKHORN — Forty-five Lake Lawn Lodge condominium owners have sued the resort and its condo association for more than $5 million over rent payments, a unit management agreement and other financial matters.
The suit, filed Sept. 26 in Walworth County, has been assigned to Judge James Carlson. The summons requires the defendants to respond with a written answer to the complaint within 45 days.
The 40-page complaint alleges that Lake Lawn and Lodges at Lake Lawn Resort Condominium Association manipulated agreements with the owners following the resort’s Aug. 5, 2009, foreclosure. The 45-condo owners allege that the defendants illegally obtained a majority of the governing board through four commercial units and assumed control of 70 percent of rental revenue when a customary percentage for management was 40 percent.
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Another dispute over alleged manipulation of voting rights to seize control of an association for financial gain. I don't know who is right or wrong in this particular case. However, it seems to me that the frequency of this sort of situation has increased since the housing market collapsed. Before the crash, disputes over architectural review decisions, foreclosures for unpaid assessments, and strange rules violations cases were the norm in the press. Now there seem to be more embezzlements, frauds, and association control controversies. Everybody involved in common interest housing is getting squeezed by the loss of value--banks and investors, developers, management companies, lawyers, and most of all the owners who are expected to support these associations through collective use of their scarce individual resources.
Friday, October 05, 2012
Homeowner who replaces thirsty grass with native plants is hit with neighborhood association lawsuit. - OrlandoSentinel.com
Homeowner who replaces thirsty grass with native plants is hit with neighborhood association lawsuit. - OrlandoSentinel.com: A homeowner near Windermere who happens to work for Orange County's environmental department has been sued by her neighborhood association for replacing her thirsty grass with a water-conserving landscape.
Renee Parker's plants attract butterflies, blossom regularly in multiple colors and have an assortment of shapes and heights. For a meandering border, she planted Argentine bahia, a grass that's hardier than the water-craving, fertilizer-loving St. Augustine variety commonly growing in Florida yards.
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More frivolous litigation and bad press for Privatopia and the community association bar. Film at 10.
Renee Parker's plants attract butterflies, blossom regularly in multiple colors and have an assortment of shapes and heights. For a meandering border, she planted Argentine bahia, a grass that's hardier than the water-craving, fertilizer-loving St. Augustine variety commonly growing in Florida yards.
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More frivolous litigation and bad press for Privatopia and the community association bar. Film at 10.
Wednesday, October 03, 2012
Service dog prompts dispute with HOA - ABC-7.com WZVN News for Fort Myers, Cape Coral & Naples, Florida
Service dog prompts dispute with HOA - ABC-7.com WZVN News for Fort Myers, Cape Coral & Naples, Florida: McKay's boxer "Kane" has been with him since 2009. But his condo association says no pets allowed.
McKay claims neighbors and managers have been giving him a hard time, which now has him locked in a legal battle with the homeowners association to keep his condo.
"They're going wait a minute, no pets. I say, ‘He's not a pet, he's a service dog. I'm an American with disability, I'm covered under ADA,'" McKay said.
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So there!
McKay claims neighbors and managers have been giving him a hard time, which now has him locked in a legal battle with the homeowners association to keep his condo.
"They're going wait a minute, no pets. I say, ‘He's not a pet, he's a service dog. I'm an American with disability, I'm covered under ADA,'" McKay said.
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So there!
Tuesday, October 02, 2012
Economists: Housing recovery finally here | Money - KCRA Home
Economists: Housing recovery finally here | Money - KCRA Home: "We're seeing the signs of a pulse in a sector that has been flat-lined for a number of years," said Sean Snaith, economics professor at the University of Central Florida.
Determining when the housing market has turned the corner is important for more than home builders and real estate agents. Even before soaring foreclosures sparked a meltdown in financial markets in 2008, the housing market had become a significant drag on the economy. Housing continued to subtract from the nation's gross domestic product right up through early 2011.
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Probably just in time for many HOAs which the perfessor warned stand at the brink of insolvency due to accumulated assessment delinquencies spawned by years of recession and residential real estate deflation.
Determining when the housing market has turned the corner is important for more than home builders and real estate agents. Even before soaring foreclosures sparked a meltdown in financial markets in 2008, the housing market had become a significant drag on the economy. Housing continued to subtract from the nation's gross domestic product right up through early 2011.
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Probably just in time for many HOAs which the perfessor warned stand at the brink of insolvency due to accumulated assessment delinquencies spawned by years of recession and residential real estate deflation.
Ruling casts doubt on Hilton Head Plantation gate toll - Beaufort News - IslandPacket.com
Ruling casts doubt on Hilton Head Plantation gate toll - Beaufort News - IslandPacket.com: Hilton Head Plantation property owners behind on their association dues can't be charged a toll to enter the gated community, a Beaufort County judge has ruled.
Judge Marvin Dukes determined the association's policies and bylaws do not give it the authority to charge the toll, which took effect Monday, as a way of collecting long overdue assessments.
"After a review of the aforementioned covenants and restrictions, I find that there is no provision allowing the association to charge a toll on owners ...," Dukes wrote in the Sept. 26 temporary injunction. The ruling bars the association from charging Patrick or Janelle Dodd, who are named in the order, the $10 daily toll or the $50 fee for a guest pass until a final hearing on the matter.
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This is first: a selective tollgate in Privatopia.
Judge Marvin Dukes determined the association's policies and bylaws do not give it the authority to charge the toll, which took effect Monday, as a way of collecting long overdue assessments.
"After a review of the aforementioned covenants and restrictions, I find that there is no provision allowing the association to charge a toll on owners ...," Dukes wrote in the Sept. 26 temporary injunction. The ruling bars the association from charging Patrick or Janelle Dodd, who are named in the order, the $10 daily toll or the $50 fee for a guest pass until a final hearing on the matter.
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This is first: a selective tollgate in Privatopia.
Will New HOA Members Change Pink Playhouse Lawsuit? | NBC Augusta 26
Will New HOA Members Change Pink Playhouse Lawsuit? | NBC Augusta 26
She's hoping the new board members elected Tuesday night will be on her side as she fights to keep the color of her granddaughter's playhouse pink.
"It is frivolous, that there is nothing in those covenants that specifically addresses play equipment, and it needs to be thrown out before it ever gets to court and it just might,” she said.
Peck has until the end of this week to answer the complaint and she says she's hired an attorney and is prepared to go to court.
The attorney for the HOA who filed the complaint, August Murdock, says all the board wants is for the playhouse to be repainted.
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The saga of the HOA offending pink playhouse continues. Film at 10.
She's hoping the new board members elected Tuesday night will be on her side as she fights to keep the color of her granddaughter's playhouse pink.
"It is frivolous, that there is nothing in those covenants that specifically addresses play equipment, and it needs to be thrown out before it ever gets to court and it just might,” she said.
Peck has until the end of this week to answer the complaint and she says she's hired an attorney and is prepared to go to court.
The attorney for the HOA who filed the complaint, August Murdock, says all the board wants is for the playhouse to be repainted.
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The saga of the HOA offending pink playhouse continues. Film at 10.
Sunday, September 30, 2012
"Most Dangerous City in America" Is Disbanding Its Current Police Force
"Most Dangerous City in America" Is Disbanding Its Current Police Force:
That would be Camden, New Jersey:
"The reason, officials say, is that generous union contracts have made it financially impossible to keep enough officers on the street. So in November, Camden, which has already had substantial police layoffs, will begin terminating the remaining 273 officers and give control to a new county force. The move, officials say, will free up millions to hire a larger, nonunionized force of 400 officers to safeguard the city, which is also the nation’s poorest....Though the city is solidly Democratic, the plan to put the Police Department out of business has not prompted the wide public outcry seen in the union battles in Chicago, Ohio or Wisconsin, in part because many residents have come to resent a police force they see as incompetent, corrupt and doing little to make their streets safe."
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How's that for dysfunction? And it may be part of a trend. Step one would be to dismantle the municipal-level service and turn the function over to the county: "Faced with tight budgets, many communities across the country are considering regionalizing their police departments, along with other services like firefighting, libraries and schools." Step two for Camden is to create a new non-union police force. For other cities, that step is a bigger one: move to contracting out the service to private corporations.
That would be Camden, New Jersey:
"The reason, officials say, is that generous union contracts have made it financially impossible to keep enough officers on the street. So in November, Camden, which has already had substantial police layoffs, will begin terminating the remaining 273 officers and give control to a new county force. The move, officials say, will free up millions to hire a larger, nonunionized force of 400 officers to safeguard the city, which is also the nation’s poorest....Though the city is solidly Democratic, the plan to put the Police Department out of business has not prompted the wide public outcry seen in the union battles in Chicago, Ohio or Wisconsin, in part because many residents have come to resent a police force they see as incompetent, corrupt and doing little to make their streets safe."
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How's that for dysfunction? And it may be part of a trend. Step one would be to dismantle the municipal-level service and turn the function over to the county: "Faced with tight budgets, many communities across the country are considering regionalizing their police departments, along with other services like firefighting, libraries and schools." Step two for Camden is to create a new non-union police force. For other cities, that step is a bigger one: move to contracting out the service to private corporations.
Saturday, September 29, 2012
Mortgages — The Rental Alternative to Foreclosure - NYTimes.com
Mortgages — The Rental Alternative to Foreclosure - NYTimes.com:
Deed for lease programs:
The main problem, as with all foreclosure alternatives, is whether an applicant qualifies. As acknowledged by Andrew Wilson, a spokesman for Fannie Mae, the agency’s “Deed-for-Lease,” or D4L, option has not been widely utilized.
Applicants may not be more than 11 payments past due on their mortgage, and must be able to pay fair-market rent without spending more than 31 percent of their gross income. Properties with second mortgages are ineligible, as are properties in areas where zoning or homeowners’ associations prohibit rentals. The condition of the property is also a factor.
“I’m surprised they didn’t include a requirement that you give your firstborn,” said John Taylor, the president and chief executive of the National Community Reinvestment Coalition. “They should come back with something that’s not as restrictive.”
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It is interesting that the federal government was so quick and generous with relief for the banks when their own crazy investment practices crashed the financial sector, the housing sector, and the economy, but when it is the banks' turn to extend some relief to homeowners. In this case, it is just a matter of the owner handing over the keys and becoming a renter for a few years. But even here the banks have to make people jump through all sorts of hoops: "Bank of America is offering its “Mortgage to Lease” option to only about 2,500 preselected borrowers in New York, Nevada, Arizona and California. A company spokesman would not comment on how many customers had taken part in the program. Citi’s “Home Rental Program,” announced just last month, applies to only 500 homeowners in Arizona, California, Texas, Florida, Nevada and Georgia."
Deed for lease programs:
The main problem, as with all foreclosure alternatives, is whether an applicant qualifies. As acknowledged by Andrew Wilson, a spokesman for Fannie Mae, the agency’s “Deed-for-Lease,” or D4L, option has not been widely utilized.
Applicants may not be more than 11 payments past due on their mortgage, and must be able to pay fair-market rent without spending more than 31 percent of their gross income. Properties with second mortgages are ineligible, as are properties in areas where zoning or homeowners’ associations prohibit rentals. The condition of the property is also a factor.
“I’m surprised they didn’t include a requirement that you give your firstborn,” said John Taylor, the president and chief executive of the National Community Reinvestment Coalition. “They should come back with something that’s not as restrictive.”
-------
It is interesting that the federal government was so quick and generous with relief for the banks when their own crazy investment practices crashed the financial sector, the housing sector, and the economy, but when it is the banks' turn to extend some relief to homeowners. In this case, it is just a matter of the owner handing over the keys and becoming a renter for a few years. But even here the banks have to make people jump through all sorts of hoops: "Bank of America is offering its “Mortgage to Lease” option to only about 2,500 preselected borrowers in New York, Nevada, Arizona and California. A company spokesman would not comment on how many customers had taken part in the program. Citi’s “Home Rental Program,” announced just last month, applies to only 500 homeowners in Arizona, California, Texas, Florida, Nevada and Georgia."
Friday, September 28, 2012
New FHA rules loosen association requirements - chicagotribune.com
New FHA rules loosen association requirements - chicagotribune.com:
Perhaps the most significant change is a liberalized policy on delinquencies: No more than 15 percent of the total units can be more than 60 days past due on assessment payments, not including fees and fines. The previous threshold was 30 days past due."The delinquency rate was the biggest hurdle holding back many associations from qualifying for approval," said Anderson. "Thirty days is not a lot of time. When market conditions are good, people usually pay their assessments on time. But in this economy, it's a fact of life that people are paying later and later....Another major change permits greater investor ownership. In existing associations or nongut rehabilitation conversions, an investor may own up to 50 percent of the total units if at least 50 percent of the total units have been sold or are under contract. Unoccupied and unsold units owned by a developer are not counted as investor owned unless the units are currently rented or were previously occupied.Previously, no single entity could own more than 10 percent of the units or one unit, whichever was greater."
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Pamela McKuen writes about the increased leniency from FHA. They have swung from ridiculously lax pre-2008 to insanely restrictive, and now they are easing back again. And they are facing some unpleasant facts: high delinquency rates are the new normal, and investors are a huge percentage of the market for condos. Owner-occupants are not so easy to find in some situations.
Perhaps the most significant change is a liberalized policy on delinquencies: No more than 15 percent of the total units can be more than 60 days past due on assessment payments, not including fees and fines. The previous threshold was 30 days past due."The delinquency rate was the biggest hurdle holding back many associations from qualifying for approval," said Anderson. "Thirty days is not a lot of time. When market conditions are good, people usually pay their assessments on time. But in this economy, it's a fact of life that people are paying later and later....Another major change permits greater investor ownership. In existing associations or nongut rehabilitation conversions, an investor may own up to 50 percent of the total units if at least 50 percent of the total units have been sold or are under contract. Unoccupied and unsold units owned by a developer are not counted as investor owned unless the units are currently rented or were previously occupied.Previously, no single entity could own more than 10 percent of the units or one unit, whichever was greater."
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Pamela McKuen writes about the increased leniency from FHA. They have swung from ridiculously lax pre-2008 to insanely restrictive, and now they are easing back again. And they are facing some unpleasant facts: high delinquency rates are the new normal, and investors are a huge percentage of the market for condos. Owner-occupants are not so easy to find in some situations.
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