The problem with planned communities | Milford PA | Local News: Pennsylvania's Uniform Planned Community Act of 1997 regulates homeowners' associations that own or maintain common areas. Typically, a homeowners' association will own, maintain, or control open spaces, entrance gates, streets, street lights, walking trails, beaches, hydrants, storm water management systems, and on-site septic systems, unless these services and amenities are dedicated to the municipality in which they are located.
Peifer said the Uniform Planned Community Act is a good document but it has no “teeth” to it.
John Crerand, president of the Alliance of Community Associations, said the Act needs to be amended so that the answer to every problem arising between homeowners and their community boards of directors is not always “sue me.” This is the only legal route an individual homeowner can take, but it is cost-prohibitive, he said.
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The article goes on to cite a host of ills plaguing Pennsylvania's version of Privatopia including double property taxation -- a local government tax bill plus another from the HOA.
Thursday, July 25, 2013
Monday, July 22, 2013
Homeowner’s association digs in over Brandermill garden war | WTVR.com
Homeowner’s association digs in over Brandermill garden war | WTVR.com: CHESTERFIELD, Va. (WTVR)–A garden could soon cost a Chesterfield family a lot of money, because their patch of flowers and vegetables has upset the homeowner’s association.
Chris Gilson loves his vegetable garden and loves teaching his daughters and other neighborhood kids how to care for it.
But a controversy is growing.
Gilson says it started when the Brandermill Community Association (BCA)sent a notice of violation and asked him to remove this planter box.
“We got another letter stating removing your vegetable garden and planter box or else get fined $10 dollars per day,” he said.
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Planter box threatens property values; could ignite another housing market price collapse. Film at 10 on Channel 6, WTVR, Richmond.
Chris Gilson loves his vegetable garden and loves teaching his daughters and other neighborhood kids how to care for it.
But a controversy is growing.
Gilson says it started when the Brandermill Community Association (BCA)sent a notice of violation and asked him to remove this planter box.
“We got another letter stating removing your vegetable garden and planter box or else get fined $10 dollars per day,” he said.
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Planter box threatens property values; could ignite another housing market price collapse. Film at 10 on Channel 6, WTVR, Richmond.
Adam Silberman, Banker: jumps out of seventh-floor window following fight with building co-op over his poodles | Mail Online
Adam Silberman, Banker: jumps out of seventh-floor window following fight with building co-op over his poodles | Mail Online
"According to his father-in-law, Paul Lord Ender, the banker had been depressed after neighbors complained about the couple's dogs barking and playing in the lobby, prompting an ongoing battle with the co-op board. One dog had already been sent away, The New York Post reported.
Police also found 'crack paraphernalia' during a search of the couple's apartment at 860 Fifth Avenue near 68th Street, according to The Post. It wasn't clear, however, whether Silberman used the drug himself. A family friend of Silberman's, Michael Moss, insisted Silberman did not abuse alcohol or illegal substances.He said the banker's troubles were all down to his high pressure job and beloved pets.
'The stress was too much for him,' Moss told The Post, adding that his own daughter took one of the French poodles off the Silbermans hands last week."
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But he survived the seven-story fall, albeit with serious injuries, because he hit an awning on the second floor. I thought that only worked in Jackie Chan movies.
"According to his father-in-law, Paul Lord Ender, the banker had been depressed after neighbors complained about the couple's dogs barking and playing in the lobby, prompting an ongoing battle with the co-op board. One dog had already been sent away, The New York Post reported.
Police also found 'crack paraphernalia' during a search of the couple's apartment at 860 Fifth Avenue near 68th Street, according to The Post. It wasn't clear, however, whether Silberman used the drug himself. A family friend of Silberman's, Michael Moss, insisted Silberman did not abuse alcohol or illegal substances.He said the banker's troubles were all down to his high pressure job and beloved pets.
'The stress was too much for him,' Moss told The Post, adding that his own daughter took one of the French poodles off the Silbermans hands last week."
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But he survived the seven-story fall, albeit with serious injuries, because he hit an awning on the second floor. I thought that only worked in Jackie Chan movies.
Thursday, July 18, 2013
Staropoli et al. v. Arizona | aclpi.org
Staropoli et al. v. Arizona | aclpi.org
George Staropoli and William Brown are the plaintiffs in a suit filed by the Arizona Center for Law in the Public Interest that challenges recently-enacted SB 1454 on the grounds that the bill violates the single-subject rule and the rule requiring that the title of the bill reflect all matters addressed by the bill.
You can read the complaint here. It appears from the complaint that the HOA-related provisions of this bill were put into SB 1454 after those provisions were defeated in HB 2371, which Staropoli and Brown opposed. The title of SB 1454 says it is about elections and it was originally a campaign finance measure.
It appears that State Representative Michelle Ugenti is the individual who introduced the amendments. Here is how the Center summarizes what they claim she did:
"The Bill, which started out in the Senate as a campaign finance bill, ran afoul of the Arizona Constitution when it was amended in the House of Representatives to include numerous unrelated provisions dealing with Homeowners Associations (HOAs). The unrelated provisions were added to the bill at the behest of Representative Michelle Ugenti who had earlier tried, unsuccessfully, to get the provisions enacted into law in a separate bill."
George Staropoli and William Brown are the plaintiffs in a suit filed by the Arizona Center for Law in the Public Interest that challenges recently-enacted SB 1454 on the grounds that the bill violates the single-subject rule and the rule requiring that the title of the bill reflect all matters addressed by the bill.
You can read the complaint here. It appears from the complaint that the HOA-related provisions of this bill were put into SB 1454 after those provisions were defeated in HB 2371, which Staropoli and Brown opposed. The title of SB 1454 says it is about elections and it was originally a campaign finance measure.
It appears that State Representative Michelle Ugenti is the individual who introduced the amendments. Here is how the Center summarizes what they claim she did:
"The Bill, which started out in the Senate as a campaign finance bill, ran afoul of the Arizona Constitution when it was amended in the House of Representatives to include numerous unrelated provisions dealing with Homeowners Associations (HOAs). The unrelated provisions were added to the bill at the behest of Representative Michelle Ugenti who had earlier tried, unsuccessfully, to get the provisions enacted into law in a separate bill."
Wednesday, July 17, 2013
Residents of sinking Calif. subdivision file claim - SFGate
Residents of sinking Calif. subdivision file claim - SFGate: A leaking county water system that went undetected for months saturated the hillside and caused the ground to give way, said Michael Green, an attorney for the 41 homeowners in the subdivision with sweeping views of Clear Lake in Northern California.
Green is seeking $5 million for each homeowner in the claim filed last month against the county.
"They're facing a pretty significant economic disaster," he said.
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This is a bit of a twist on the often unfortunate encounter between water and HOA dwelling units. The usual context is a construction defect claim against the builder and/or subcontractors for water intrusion. This one's against the local government for water underneath the dwellings, causing the earth to swallow them up. Call it water subversion.
Green is seeking $5 million for each homeowner in the claim filed last month against the county.
"They're facing a pretty significant economic disaster," he said.
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This is a bit of a twist on the often unfortunate encounter between water and HOA dwelling units. The usual context is a construction defect claim against the builder and/or subcontractors for water intrusion. This one's against the local government for water underneath the dwellings, causing the earth to swallow them up. Call it water subversion.
Tuesday, July 16, 2013
The Volokh Conspiracy » Our Amicus Brief on the Property Rights of Private Planned Communities
The Volokh Conspiracy » Our Amicus Brief on the Property Rights of Private Planned Communities
Thanks to "Right to Own" for this alert: The Volokh Conspiracy (a libertarian law professor blog) reports that The Cato Institute, a libertarian think tank, is getting involved in what could be a major USSC decision regarding HOAs. The Army Corps of Engineers destroyed 14 homes in order to conduct major repairs to an area damaged by Hurricane Katrina. They compensated the owners of the homes, but the HOA wanted compensation for the loss of assessment revenues. The Fifth Circuit Court of Appeals said that the loss of assessments revenue isn't the kind of loss that the Fifth Amendment Takings Clause ("nor shall private property be taken for public use without just compensation") requires compensation for. But the Cato Institute wants the USSC to overturn that decision:
"The Cato Institute recently filed an amicus brief urging the Supreme Court to hear Mariner’s Cove Townhomes Association v. United States , a case addressing an important issue involving the property rights of private planned communities. The brief was filed on behalf of Cato and several property scholars, including Richard Epstein (Chicago and NYU), James W. Ely (Vanderbilt), Donald Kochan (Chapman), my George Mason colleagues Adam Mossoff, and Alex Tabarrok, and myself. Here is the petition for certiorari written by University of Virginia law professor Daniel Ortiz and the UVA Supreme Court Lititgation Clinic"
[Ilya Shapiro of the Cato Institute summarizes the situation like this:]
"Mariner’s Cove Townhomes Association v. United States affects the rights of the more than 60 million Americans currently living in these associations. This case arises from the federal government’s taking 14 of 58 townhouses from one development in the wake of Hurricane Katrina. Mariner’s Cove owned a right to collect dues that was appended to those 14... homes, and sued the government for extinguishing that valuable right without just compensation under the Fifth Amendment’s Takings Clause. In contrast to most lower courts, however, the U.S. Court of Appeals for the Fifth Circuit held that “the right to collect assessments, or real covenants generally” are not subject to Takings Clause analysis. In other words, the government can take those rights without paying anything to the owners. Cato and a group of esteemed professors, including Richard Epstein, James W. Ely Jr., and Ilya Somin, has submitted an amicus brief supporting Mariner’s Cove and arguing that the Supreme Court should take the case to clarify whether community association fees are compensable property under the Fifth Amendment...Such associations often shoulder the burden of providing and maintaining infrastructure, services, and utilities, which allows for more diverse and customizable amenities for homeowners than if those decisions were left with remote municipal governments....
The perverse implications of the Fifth Circuit’s ruling are clear: it would allow.. local governments to require the creation of a community association, benefit from the resulting private delivery of services while collecting taxes from its members, and later take the property without even paying back the very fees that enabled the government’s benefit. "
Thanks to "Right to Own" for this alert: The Volokh Conspiracy (a libertarian law professor blog) reports that The Cato Institute, a libertarian think tank, is getting involved in what could be a major USSC decision regarding HOAs. The Army Corps of Engineers destroyed 14 homes in order to conduct major repairs to an area damaged by Hurricane Katrina. They compensated the owners of the homes, but the HOA wanted compensation for the loss of assessment revenues. The Fifth Circuit Court of Appeals said that the loss of assessments revenue isn't the kind of loss that the Fifth Amendment Takings Clause ("nor shall private property be taken for public use without just compensation") requires compensation for. But the Cato Institute wants the USSC to overturn that decision:
"The Cato Institute recently filed an amicus brief urging the Supreme Court to hear Mariner’s Cove Townhomes Association v. United States , a case addressing an important issue involving the property rights of private planned communities. The brief was filed on behalf of Cato and several property scholars, including Richard Epstein (Chicago and NYU), James W. Ely (Vanderbilt), Donald Kochan (Chapman), my George Mason colleagues Adam Mossoff, and Alex Tabarrok, and myself. Here is the petition for certiorari written by University of Virginia law professor Daniel Ortiz and the UVA Supreme Court Lititgation Clinic"
[Ilya Shapiro of the Cato Institute summarizes the situation like this:]
"Mariner’s Cove Townhomes Association v. United States affects the rights of the more than 60 million Americans currently living in these associations. This case arises from the federal government’s taking 14 of 58 townhouses from one development in the wake of Hurricane Katrina. Mariner’s Cove owned a right to collect dues that was appended to those 14... homes, and sued the government for extinguishing that valuable right without just compensation under the Fifth Amendment’s Takings Clause. In contrast to most lower courts, however, the U.S. Court of Appeals for the Fifth Circuit held that “the right to collect assessments, or real covenants generally” are not subject to Takings Clause analysis. In other words, the government can take those rights without paying anything to the owners. Cato and a group of esteemed professors, including Richard Epstein, James W. Ely Jr., and Ilya Somin, has submitted an amicus brief supporting Mariner’s Cove and arguing that the Supreme Court should take the case to clarify whether community association fees are compensable property under the Fifth Amendment...Such associations often shoulder the burden of providing and maintaining infrastructure, services, and utilities, which allows for more diverse and customizable amenities for homeowners than if those decisions were left with remote municipal governments....
The perverse implications of the Fifth Circuit’s ruling are clear: it would allow.. local governments to require the creation of a community association, benefit from the resulting private delivery of services while collecting taxes from its members, and later take the property without even paying back the very fees that enabled the government’s benefit. "
Friday, July 12, 2013
A Nevada Man Says His 3rd Amendment Rights Were Violated. Wait, What? | Mother Jones
A Nevada Man Says His 3rd Amendment Rights Were Violated. Wait, What? | Mother Jones
The Third Amendment to the United States Constitution:
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
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And: "Last week, a homeowner in Henderson, Nevada, filed a lawsuit in federal court alleging that police had violated his Third Amendment rights by forcibly entering his home to gain a "tactical advantage" in resolving a domestic violence incident next door."
The Third Amendment is hardly ever mentioned in constitutional jurisprudence. You could argue that it shows how anachronistic our Constitution is, in certain ways. You see these very specific little provisions that don't make much sense out of their context in a particular time and place. But that also makes it all the more impressive that the broad phrases of the Constitution, the big, sweeping clauses like the Due Process Clause, Necessary and Proper Clause, and others, provide enough flexibility that we still have the same Constitution after all these years.
The Third Amendment to the United States Constitution:
"No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
---------------------
And: "Last week, a homeowner in Henderson, Nevada, filed a lawsuit in federal court alleging that police had violated his Third Amendment rights by forcibly entering his home to gain a "tactical advantage" in resolving a domestic violence incident next door."
The Third Amendment is hardly ever mentioned in constitutional jurisprudence. You could argue that it shows how anachronistic our Constitution is, in certain ways. You see these very specific little provisions that don't make much sense out of their context in a particular time and place. But that also makes it all the more impressive that the broad phrases of the Constitution, the big, sweeping clauses like the Due Process Clause, Necessary and Proper Clause, and others, provide enough flexibility that we still have the same Constitution after all these years.
Thursday, July 11, 2013
New HOA laws require debt collection policy, licensed managers - The Denver Post
New HOA laws require debt collection policy, licensed managers - The Denver Post
"That legislation was prompted, in part, by multiple " horror stories" from the past few years regarding homeowners associations, or HOAs. "We had a $750,000 embezzlement a few years ago ... what a black eye for the industry," said Cici Kesler, president of Association & Community Management, which manages homeowners associations in the metro area. The debt collection law requires all HOAs to set up a policy detailing basic information for homeowners. HOAs must also offer delinquent homeowners a six-month payment plan at least once before taking severe action. Under the licensing law, all community association managers, management company CEOs and executives will be required to attain a state license by July 1, 2015."
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Colorado responds to horror stories with new legislation.
"That legislation was prompted, in part, by multiple " horror stories" from the past few years regarding homeowners associations, or HOAs. "We had a $750,000 embezzlement a few years ago ... what a black eye for the industry," said Cici Kesler, president of Association & Community Management, which manages homeowners associations in the metro area. The debt collection law requires all HOAs to set up a policy detailing basic information for homeowners. HOAs must also offer delinquent homeowners a six-month payment plan at least once before taking severe action. Under the licensing law, all community association managers, management company CEOs and executives will be required to attain a state license by July 1, 2015."
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Colorado responds to horror stories with new legislation.
Wednesday, July 10, 2013
Hearings to address 3.1 million pages of documents | Las Vegas Review-Journal
Hearings to address 3.1 million pages of documents | Las Vegas Review-Journal
Thanks to Shu Bartholomew for this update on the Las Vegas HOA fraud ring case, which is "the largest public corruption case brought by federal authorities in Nevada." Chew on that concept for a moment.
"The mountain of evidence is part of the high-profile case against former construction company boss Leon Benzer, the accused mastermind of a HOA takeover scheme, and 10 others. The defendants, who were indicted in January, are to stand trial March 3. U.S. Magistrate Judge George Foley, Jr. scheduled a status hearing Wednesday to evaluate the process of turning over the evidence in the largest public corruption case brought by federal authorities in Nevada."
Thanks to Shu Bartholomew for this update on the Las Vegas HOA fraud ring case, which is "the largest public corruption case brought by federal authorities in Nevada." Chew on that concept for a moment.
"The mountain of evidence is part of the high-profile case against former construction company boss Leon Benzer, the accused mastermind of a HOA takeover scheme, and 10 others. The defendants, who were indicted in January, are to stand trial March 3. U.S. Magistrate Judge George Foley, Jr. scheduled a status hearing Wednesday to evaluate the process of turning over the evidence in the largest public corruption case brought by federal authorities in Nevada."
Tuesday, July 09, 2013
'Bulletproof' Arizona security team raises hackles at Gogebic mine site : Wsj
'Bulletproof' Arizona security team raises hackles at Gogebic mine site : Ws
"Two members of the Wisconsin Legislature are asking Gogebic Taconite to remove masked security guards who are toting semi-automatic rifles and wearing camouflaged uniforms from the mining company’s site in the Penokee Hills forest. Photos of the guards surfaced over the weekend on the websites of mine opponents. Sen. Bob Jauch, D-Poplar, said Monday the guards are from Bulletproof Securities, an Arizona company that boasts a “no compromises security force.” “I’m appalled,” Jauch said. “There is no evidence to justify their presence.”
Jauch said he was especially concerned that the guards are carrying high-powered rifles more appropriate for fighting wars than for guarding construction equipment in a scenic forest that draws scores of hikers and vacationers in addition to mine protesters."
Charming. And what is Gogebic Taconite? According to Wikipedia: "Gogebic Taconite is an iron-ore mining company in development stage, based in Florida,[1] with a presence in Hurley, Wisconsin.[2][3] The company, owned by the larger mining outfit, Cline Resource and Development Group, is at the center of a dispute among politicians, community groups, environmental organizations, Native American tribal councils and various stakeholders because of a proposed mining project slated for operation in Iron and Ashland counties in northern Wisconsin."
update: This blog has photos of these guys wearing masks.
"Two members of the Wisconsin Legislature are asking Gogebic Taconite to remove masked security guards who are toting semi-automatic rifles and wearing camouflaged uniforms from the mining company’s site in the Penokee Hills forest. Photos of the guards surfaced over the weekend on the websites of mine opponents. Sen. Bob Jauch, D-Poplar, said Monday the guards are from Bulletproof Securities, an Arizona company that boasts a “no compromises security force.” “I’m appalled,” Jauch said. “There is no evidence to justify their presence.”
Jauch said he was especially concerned that the guards are carrying high-powered rifles more appropriate for fighting wars than for guarding construction equipment in a scenic forest that draws scores of hikers and vacationers in addition to mine protesters."
Charming. And what is Gogebic Taconite? According to Wikipedia: "Gogebic Taconite is an iron-ore mining company in development stage, based in Florida,[1] with a presence in Hurley, Wisconsin.[2][3] The company, owned by the larger mining outfit, Cline Resource and Development Group, is at the center of a dispute among politicians, community groups, environmental organizations, Native American tribal councils and various stakeholders because of a proposed mining project slated for operation in Iron and Ashland counties in northern Wisconsin."
update: This blog has photos of these guys wearing masks.
Sunday, July 07, 2013
Back from hiking
I have been off the air almost entirely since about June 22. My children and I took a trip to Phoenix to help my oldest son get his new home in Phoenix lined up. He has taken a job there. Then we headed for San Francisco and a five-day inn-to-inn hiking trip that included myself and my three children, my sister, her husband, and her daughter (my niece). Here is a quick summary of the trip:
Day One: On June 25, we combined public transportation and walking to get from my sister's home in San Francisco to the tiny town of Inverness, in the northwestern wilds of Marin County. We spent the night in the Tomales Bay Inn. The plan was to travel north to Inverness and then hike south back toward the city, finishing in Muir Woods.
Day Two: The hike back south began in earnest on June 26, when we hiked from the Tomales Bay Inn in Inverness to the equally tiny town of Olema. We went through a maze of streets to the Inverness Ridge Trail to the Sky Trail to the Z Ranch Trail to the Horse Trail, and down to the Bear Valley Park Headquarters, then down Bear Valley Road Highway 1 and into Olema, where we spent the night. We estimated the distance at between 15 and 16 miles, and we went from sea level up to about 1400 feet and then back down to sea level in Olema.
Day Three: This day, June 27, was easier. We hiked from Olema down Taylor Park Road to the Bolinas Ridge Trail to Jewell Trail, to the Madrone Campground in Samuel P. Taylor State Park, where we spent the night with other family members in three cabins. Maybe 7 miles.
Day Four: June 28 was by far the hardest day of hiking. We got dropped off at the Randall Trail head on Highway 1, a few miles from the state park. We hiked up hill to the Bolinas Ridge Trail and stayed on it until it became the Coastal Trail (including a detour onto an abandoned section that cost us at least 45 minutes), and then on that down to the Willow Camp Fire Road, where we made a steep descent (from 2000 feet to sea level in 1.8 miles) down into Stinson Beach. We all ran out of water somewhere on the Coastal Trail. We spent the night in Stinson Beach.
Day Five: Final day, June 29. We took the Dipsea Trail all the way into Muir Woods to the Information Center, and that was the end of the hike. We caught the 66F shuttle bus to the Sausalito Ferry, rode the ferry to San Francisco Terminal One, walked to the San Francisco Muni, and took the train to Castro Street. From there we walked to my sister's house near Buena Vista Park. We happened to be in the middle of Gay Pride Weekend and the celebration of the Supreme Court's validation of same-sex marriage in California. Quite a conclusion to our trip!
Day One: On June 25, we combined public transportation and walking to get from my sister's home in San Francisco to the tiny town of Inverness, in the northwestern wilds of Marin County. We spent the night in the Tomales Bay Inn. The plan was to travel north to Inverness and then hike south back toward the city, finishing in Muir Woods.
Day Two: The hike back south began in earnest on June 26, when we hiked from the Tomales Bay Inn in Inverness to the equally tiny town of Olema. We went through a maze of streets to the Inverness Ridge Trail to the Sky Trail to the Z Ranch Trail to the Horse Trail, and down to the Bear Valley Park Headquarters, then down Bear Valley Road Highway 1 and into Olema, where we spent the night. We estimated the distance at between 15 and 16 miles, and we went from sea level up to about 1400 feet and then back down to sea level in Olema.
Day Three: This day, June 27, was easier. We hiked from Olema down Taylor Park Road to the Bolinas Ridge Trail to Jewell Trail, to the Madrone Campground in Samuel P. Taylor State Park, where we spent the night with other family members in three cabins. Maybe 7 miles.
Day Four: June 28 was by far the hardest day of hiking. We got dropped off at the Randall Trail head on Highway 1, a few miles from the state park. We hiked up hill to the Bolinas Ridge Trail and stayed on it until it became the Coastal Trail (including a detour onto an abandoned section that cost us at least 45 minutes), and then on that down to the Willow Camp Fire Road, where we made a steep descent (from 2000 feet to sea level in 1.8 miles) down into Stinson Beach. We all ran out of water somewhere on the Coastal Trail. We spent the night in Stinson Beach.
Day Five: Final day, June 29. We took the Dipsea Trail all the way into Muir Woods to the Information Center, and that was the end of the hike. We caught the 66F shuttle bus to the Sausalito Ferry, rode the ferry to San Francisco Terminal One, walked to the San Francisco Muni, and took the train to Castro Street. From there we walked to my sister's house near Buena Vista Park. We happened to be in the middle of Gay Pride Weekend and the celebration of the Supreme Court's validation of same-sex marriage in California. Quite a conclusion to our trip!
Should homeowners be paid for losing ocean views? Top N.J. court to decide | NJ.com
Should homeowners be paid for losing ocean views? Top N.J. court to decide | NJ.com
"New Jersey's top court is ready to make its ruling on whether homeowners should be compensated for losing ocean views when dunes are built. The state Supreme Court announced today that it will issue an opinion Monday in the case of a Long Beach Island couple who sued and won $375,000 to make up for the view they lost when their town built a dunes. The town, Harvey Cedars, appealed, saying that a house protected from a flood is more valuable than one that is not."
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Interesting takings case from New Jersey. Did the city make the property more valuable, or take value from it?
"New Jersey's top court is ready to make its ruling on whether homeowners should be compensated for losing ocean views when dunes are built. The state Supreme Court announced today that it will issue an opinion Monday in the case of a Long Beach Island couple who sued and won $375,000 to make up for the view they lost when their town built a dunes. The town, Harvey Cedars, appealed, saying that a house protected from a flood is more valuable than one that is not."
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Interesting takings case from New Jersey. Did the city make the property more valuable, or take value from it?
New HOA laws effective July 1 | The News-Press | news-press.com
New HOA laws effective July 1 | The News-Press | news-press.com
From Florida: Time to find out how many HOAs in the state? That might be a good place to start.
From Florida: Time to find out how many HOAs in the state? That might be a good place to start.
Saturday, July 06, 2013
Husband and wife who were top real estate brokers fired for scattering DEAD ANIMALS on rival luxury property | Mail Online
Husband and wife who were top real estate brokers fired for scattering DEAD ANIMALS on rival luxury property | Mail Online
"A couple, who are both realtors, have been accused of leaving dead snakes and mice on their neighbor's drive in an attempt to disrupt their house sale. Security camera footage also allegedly shows Jonathan and Andrea Straub, whose house was also on the market, knocking over For Sale signs and cutting branches from trees, Philly.com reports. Mrs Straub, 34, has since been fired from her job selling multi-million dollar homes through Prudential Fox & Roach, after the dispute with her neighbor in Pennsylvania's Lower Merion."
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It's a tough real estate market out there...
"A couple, who are both realtors, have been accused of leaving dead snakes and mice on their neighbor's drive in an attempt to disrupt their house sale. Security camera footage also allegedly shows Jonathan and Andrea Straub, whose house was also on the market, knocking over For Sale signs and cutting branches from trees, Philly.com reports. Mrs Straub, 34, has since been fired from her job selling multi-million dollar homes through Prudential Fox & Roach, after the dispute with her neighbor in Pennsylvania's Lower Merion."
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It's a tough real estate market out there...
Police: HOA official pointed gun at woman for breaking rules | News 13
Police: HOA official pointed gun at woman for breaking rules | News 13
"ORLANDO -- An official for an apartment complex's Homeowners Association is accused of taking his duties a little too seriously -- pointing a gun at a woman whom he said was breaking complex rules. Orlando Police said a woman was sitting on a pier at The Hamptons at Metrowest Thursday night when Howard Fox, 47, walked up and told her to leave the pier because it was after hours. The woman said Fox had a gun against his chest, which she claimed he raised and pointed at her. She said Fox said what she was doing was illegal. The woman said she was afraid for her life and called 911. Police said Fox told them that he was chairman of the Fine and Hearing Violations Committee, which gave him permission to walk the property to enforce HOA rules. Police said Fox was armed with a Smith and Wesson Sigma .9 cal in an open carry holster on his belt, and a Glock .40 cal with a Roni Short Barrel Rifle attached on a sling around his shoulder."
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Having learned nothing from the George Zimmerman/Trayvon Martin catastrophe, another HOA vigilante goes off the rails, displaying a fundmental misunderstanding of his role. Thanks to Shu Bartholomew for the link.
"ORLANDO -- An official for an apartment complex's Homeowners Association is accused of taking his duties a little too seriously -- pointing a gun at a woman whom he said was breaking complex rules. Orlando Police said a woman was sitting on a pier at The Hamptons at Metrowest Thursday night when Howard Fox, 47, walked up and told her to leave the pier because it was after hours. The woman said Fox had a gun against his chest, which she claimed he raised and pointed at her. She said Fox said what she was doing was illegal. The woman said she was afraid for her life and called 911. Police said Fox told them that he was chairman of the Fine and Hearing Violations Committee, which gave him permission to walk the property to enforce HOA rules. Police said Fox was armed with a Smith and Wesson Sigma .9 cal in an open carry holster on his belt, and a Glock .40 cal with a Roni Short Barrel Rifle attached on a sling around his shoulder."
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Having learned nothing from the George Zimmerman/Trayvon Martin catastrophe, another HOA vigilante goes off the rails, displaying a fundmental misunderstanding of his role. Thanks to Shu Bartholomew for the link.
Sunday, June 23, 2013
Arizona homeowners losing their homes to foreclosure through forged documents
Arizona homeowners losing their homes to foreclosure through forged documents: Beth Findsen is another one of the small handful of lawyers fighting for families victimized by illegal foreclosures.
She said, “Public records are a disaster area."
And she warned that the fraud she has seen could have ramifications for years to come.
McCauley added, “It throws everybody’s chain of title into question now. We don’t know who owns what.”
Gabriella Westfall is living through the legal nightmare the attorneys describe.
She says six different banks have appeared in court and in filings to claim they own her house.
“I don’t know who I am supposed to pay my mortgage to,” she explains, “because we don’t know who owns the mortgage”.
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Quite a fine mess when the identity of the mortgagee is no longer legally clear.
She said, “Public records are a disaster area."
And she warned that the fraud she has seen could have ramifications for years to come.
McCauley added, “It throws everybody’s chain of title into question now. We don’t know who owns what.”
Gabriella Westfall is living through the legal nightmare the attorneys describe.
She says six different banks have appeared in court and in filings to claim they own her house.
“I don’t know who I am supposed to pay my mortgage to,” she explains, “because we don’t know who owns the mortgage”.
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Quite a fine mess when the identity of the mortgagee is no longer legally clear.
Wednesday, June 19, 2013
Miami Beach seller says Aqua condo board targeting his luxury unit - Business - MiamiHerald.com
Miami Beach seller says Aqua condo board targeting his luxury unit - Business - MiamiHerald.com
Generally when you read about a conflict over a board stopping sale of a unit, it is a housing cooperative. This one is a condominium:
Generally when you read about a conflict over a board stopping sale of a unit, it is a housing cooperative. This one is a condominium:
"At issue: whether a condo association has the right to stop a short sale and try to buy the unit itself."
Tuesday, June 18, 2013
Former Bank of America workers allege it lied to home owners | Reuters
Former Bank of America workers allege it lied to home owners | Reuters
The headline doesn't tell half the story. The more you read, the worse it gets:
"(Reuters) - Six former Bank of America Corp (BAC.N) employees have alleged that the bank deliberately denied eligible home owners loan modifications and lied to them about the status of their mortgage payments and documents. The bank allegedly used these tactics to shepherd homeowners into foreclosure, as well as in-house loan modifications. Both yielded the bank more profits than the government-sponsored Home Affordable Modification Program, according to documents recently filed as part of a lawsuit in Massachusetts federal court. The former employees, who worked at Bank of America centers throughout the United States, said the bank rewarded customer service representatives who foreclosed on homes with cash bonuses and gift cards to retail stores such as Target Corp (TGT.N) and Bed Bath & Beyond Inc (BBBY.O). For example, an employee who placed 10 or more accounts into foreclosure a month could get a $500 bonus. At the same time, the bank punished those who did not make the numbers or objected to its tactics with discipline, including firing."
The headline doesn't tell half the story. The more you read, the worse it gets:
"(Reuters) - Six former Bank of America Corp (BAC.N) employees have alleged that the bank deliberately denied eligible home owners loan modifications and lied to them about the status of their mortgage payments and documents. The bank allegedly used these tactics to shepherd homeowners into foreclosure, as well as in-house loan modifications. Both yielded the bank more profits than the government-sponsored Home Affordable Modification Program, according to documents recently filed as part of a lawsuit in Massachusetts federal court. The former employees, who worked at Bank of America centers throughout the United States, said the bank rewarded customer service representatives who foreclosed on homes with cash bonuses and gift cards to retail stores such as Target Corp (TGT.N) and Bed Bath & Beyond Inc (BBBY.O). For example, an employee who placed 10 or more accounts into foreclosure a month could get a $500 bonus. At the same time, the bank punished those who did not make the numbers or objected to its tactics with discipline, including firing."
Florida Homeowner's Association Sues Resident For Critical Blog Comments, Seeks Identity Of Other Commenters | Techdirt
Florida Homeowner's Association Sues Resident For Critical Blog Comments, Seeks Identity Of Other Commenters | Techdirt
Thanks to Shu Bartholomew for the link to this blog post:
"A few months back, we wrote about an HOA president in Indiana going ballistic with bogus legal threats towards pretty much anyone who criticized him. And now, here's a story out of Naples, Florida, where an HOA for "Fiddler's Creek" is using homeowners' fees to sue one of their own homeowners, a resident named James Schutt, because he made some comments the HOA board members don't like on a blog about the community."
Thanks to Shu Bartholomew for the link to this blog post:
"A few months back, we wrote about an HOA president in Indiana going ballistic with bogus legal threats towards pretty much anyone who criticized him. And now, here's a story out of Naples, Florida, where an HOA for "Fiddler's Creek" is using homeowners' fees to sue one of their own homeowners, a resident named James Schutt, because he made some comments the HOA board members don't like on a blog about the community."
Sunday, June 09, 2013
Connecticut Condo Owners Coalition | Wix.com
Connecticut Condo Owners Coalition | Wix.com
This group has been trying to get an ombudsman's office established in Connecticut, so far without success.
And here is what appears to be a press release explaining their plans for the near future.
This group has been trying to get an ombudsman's office established in Connecticut, so far without success.
And here is what appears to be a press release explaining their plans for the near future.
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