Saturday, August 31, 2013

Duck Dynasty vs the HOA

Shu Bartholomew sent me these links to YouTube clips from a TV show (I think) that involves some hillbillies who suddenly discover that they living in an HOA. Where's Buddy Ebsen?

http://www.youtube.com/watch?v=P0vSJIup-UY 

http://www.youtube.com/watch?v=uMTTpi5KmKk


Thursday, August 29, 2013

Details revealed surrounding Hideaway Lake community investigati - KYTX CBS 19 Tyler Longview News Weather Sports

Details revealed surrounding Hideaway Lake community investigati - KYTX CBS 19 Tyler Longview News Weather Sports

So what we have here is a Texas HOA that is under investigation by the Smith County Sheriff's Office. It appears that a tree trimming company has complained that one or more HOA employees was or were demanding kickbacks in exchange for getting a contract. In a followup to the original story, it is reported that the general manager has been fired.

"The affidavit states two board members met with investigators about concerns surrounding some Hideaway Lake employees. "I'm going to use the word alleged, that he had to pay off or give a kickback to a Hideaway employee in order to do business in Hideaway," said Jerry Toon, board member. The affidavit reveals a vendor complained that the maintenance supervisor was requiring a 50%  kickback from the vendor to cut trees in Hideaway Lake. When the board started investigating, the affidavit says the general manager stopped all access to the invoices and records."

Wednesday, August 28, 2013

Don't let emotions color redecorating projects - chicagotribune.com

Don't let emotions color redecorating projects - chicagotribune.com
"For some community associations, choosing a paint color is more difficult than passing a special assessment. "Board members often look at decorating as a personal decision rather than a business decision," said Cathy Ryan, president of Property Specialists Inc. in Rolling Meadows. "They typically want what they would put in their homes, not something that is pleasing to everyone." Then hurt feelings and angry words linger, sometimes for years, when someone's favorite color or style isn't selected, she said."

Feds: Bank chairman used bailout money to buy luxury condo - NBC News.com

Feds: Bank chairman used bailout money to buy luxury condo - NBC News.com

"A bank chairman from Missouri pleaded guilty on Tuesday to lying about how he used bailout money given to banks during the 2008 economic crisis. Rather than using the federal funds to stabilize his small bank, court records say, the chairman spent about a third of the money on an oceanfront condo in Florida. Darryl Layne Woods, 48, of Columbia, Mo., could be sentenced up to a year in prison and may also have to pay a $100,000 fine. Lying to federal officials about how the money was spent is a misdemeanor crime. Court records do not say whether Woods will be charged with misusing the money, which came from the Troubled Asset Relief Program, or TARP."
---------------------
Well, that's pretty disgusting.

Tuesday, August 27, 2013

Homeowner group backs off claim that couple with Cal-Vet loan don't own their home - Our Region - The Sacramento Bee

Homeowner group backs off claim that couple with Cal-Vet loan don't own their home - Our Region - The Sacramento Bee: A South Natomas couple in an ugly fight with their homeowners association won a partial victory last week, after a lawyer representing the association's board backpedaled on his assertion that they weren't homeowners because they had a home loan for military veterans.

While Allen Campbell, a 75-year-old disabled Marine, lay in a hospital bed on Tuesday night after fracturing his back in a fall, his wife, Cynthia Campbell, attended her first board meeting of the Sonora Springs Homeowners Association in months.
--------
These kinds of situations arise often in Privatopia where homeowners are viewed as irritants rather than constituents served by HOA boards. That in turn overly personalizes relations between board members and owners and sets the stage for court battles -- and substantial legal exposure for HOAs when the unit owners get government agencies to go to bat for them such as in this case.

Monday, August 26, 2013

Chicago loses court challenge to vacant building registry - chicagotribune.com

Chicago loses court challenge to vacant building registry - chicagotribune.com
"Vacant buildings in foreclosure with mortgages backed by Fannie Mae and Freddie Mac do not have to follow Chicago’s vacant building ordinance, a federal judge has ruled. The decision, filed Friday in Chicago by U.S. District Court Judge Thomas Durkin, deals a blow to the city, which is trying to grapple with thousands of empty buildings caught up in a lengthy foreclosure process and dragging down neighborhoods. It also has national implications. More than 1,000 municipalities around the country, by one count, have laws that require the registration and maintenance of vacant properties."
---------------
The ordinance requires the building owner to pay a $500 fee, among other things, and the judge saw this as an effort by the city to tax the federal government, which has been unconstitutional since McCulloch v. Maryland in 1819.  This is just a district court so it isn't a precedent for any other court, but it could encourage the feds to try the same argument elsewhere.  That's unfortunate, because cities need some way to address this problem. We live in a society where it seems that financial institutions can do whatever they want with no consequences, and governments are restricted by courts and legislatures when they try to protect us from the "externalities" of business transactions.

Sunday, August 25, 2013

8 Ways Privatization Has Failed America | Common Dreams

8 Ways Privatization Has Failed America | Common Dreams
This is an article by Paul Buchheit that talks about health care, water, internet/tv/phone service, transportation, banking, prisons, education, and consumer protection regulation. You can also watch him on YouTube.  He teaches in the School for New Learning at DePaul University in Chicago.

Saturday, August 24, 2013

In Paper War, Flood of Liens Is the Weapon - NYTimes.com

In Paper War, Flood of Liens Is the Weapon - NYTimes.com
It's the "sovereign citizen" movement. They are filing bogus liens against the property of government officials:

"...as Sheriff Stanek soon learned, the liens, legal claims on property to secure the payment of a debt, were just the earliest salvos in a war of paper, waged by a couple who had lost their home to foreclosure in 2009 — a tactic that, with the spread of an anti-government ideology known as the “sovereign citizen” movement, is being employed more frequently as a way to retaliate against perceived injustices. Over the next three years, the couple, Thomas and Lisa Eilertson, filed more than $250 billion in liens, demands for compensatory damages and other claims against more than a dozen people, including the sheriff, county attorneys, the Hennepin County registrar of titles and other court officials."

KXAN - HOA used satellites to spot violations | KXAN.com

KXAN - HOA used satellites to spot violations | KXAN.com
But three years after buying the property, the Henry's received a letter from their homeowner's association. "It said that they were doing an audit and they noticed I had a metal shed in my back yard and it wasn't approved by my homeowners association," Henry said. Gavin, who is a disabled veteran, told the HOA the shed was there before he bought the property and none of his neighbors had ever complained about it. He was then told it was now his responsibility to remove it, change it up to code, or else. "They said they would put a lien on my house and this is problem now," Henry said. But that wasn't his only problem. Since the shed isn't visible from the front yard and no one knocked on the Henry's door, Gavin contacted the HOA to ask how they performed the audit. "I was told they went on Google Earth and they were looking into the backyard of the residents to find any disputes," Gavin said. "I felt like that's an invasion of our privacy for one."
----------------
Charming.  Maybe they should contact the NSA next time.  Thanks to Shu Bartholomew for the link.

Friday, August 23, 2013

Mayor: 'Everybody's wound up' over plans for white supremacist takeover of N.D. town

Mayor: 'Everybody's wound up' over plans for white supremacist takeover of N.D. town
"Craig Paul Cobb, 61, who has been called one of the most extreme white supremacists and neo-Nazis in the country, has purchased 13 lots in the mostly abandoned town of Leith with plans to fill the town with other racists and haters and eventually take over the community. Cobb himself lives in a small house in Leith and residents knew he was buying up other lots last year. It wasn't until the past few days that they learned of his scheme to turn Leith into a white nationalists' community, where people could fly Nazi flags and other racial banners, take over the city through elections and write their own laws."
--------------------
This is one intentional community we can do without.

KXAN - Chalk drawing draws citation from HOA| KXAN.com

KXAN - Chalk drawing draws citation from HOA| KXAN.com: BUDA, Texas (KXAN) - In many neighborhoods, playful, colorful sidewalk chalk art is a summertime staple. But in one Hays County neighborhood, parents are finding out their kids' art isn't a game.

A homeowner in the Elm Grove Neighborhood was hit with a citation telling her to remove her children's "chalk drawings" or risk paying a pretty hefty price.

The notice from the homeowner's association prompted her friends and neighbors to contact KXAN for answers.
------------
Kids with chalk threaten property values.  See the special investigative report at 10 on KXAN-TV.

Thursday, August 22, 2013

Condo residents go to court over Divvy bike sharing station - chicagotribune.com

Condo residents go to court over Divvy bike sharing station - chicagotribune.com

David Kolin and his wife, Jeannine Cordero, learned Tuesday that the area in front of their North Side condo building soon would be home to a Divvy bike-sharing station, one of hundreds the Chicago Department of Transportation is installing across the city. The station, which can hold up to 15 of the baby-blue rental bikes, opened Wednesday near Addison Street and Pine Grove Avenue. But the three-unit building's condo association, of which Kolin is president, on Wednesday asked a Cook County judge to stop the station from becoming a fixture in front of their home. "We don't think it's appropriate in a residential area to have this thing set up," said Kolin, an attorney. "It's not a very attractive thing to have. It's led to crowds already."
-----------
Wow. Who would have guessed that the association that filed this churlish, obnoxious, NIMBY lawsuit was led by an attorney?  Who could have seen that coming?  Thanks to Mystery Reader for the link.

Upscale condo owners use one door, renters use the POOR DOOR

West Side Rag » NEW UWS DEVELOPMENT COULD HAVE SEPARATE ENTRANCE FOR POORER PEOPLE

"A 33-story building slated to be built on Riverside Boulevard between 61st and 62nd street will have an entirely separate entrance for people of lower socioeconomic means: a door for the poor, or as we call it, a “Poor Door.” The affordable homes will be oriented towards the back of the building, while market-rate units will have a view of the Hudson."
-------------
The developer had to include some affordable units in order to get credits that allow more floor area, and this is worth maybe "tens of millions of dollars." Sounds very inclusionary until you realize that the developer intends to completely segregate the renters from the condo owners.

Wednesday, August 21, 2013

3 dead, 5 wounded in shooting in southern Germany | Wichita Eagle

3 dead, 5 wounded in shooting in southern Germany | Wichita Eagle: BERLIN — A gunman opened fire on a meeting in a village in south Germany on Tuesday, killing two people and wounding five before taking his own life, police said.

A police statement said the assailant had been attending an evening meeting of a property owners' association in a restaurant in Dossenheim, a village near Heidelberg, about 273 miles (440 kilometers) southwest of Berlin.

Heated words were exchanged and the man stormed out but returned later with a weapon and opened fire on the meeting before turning the weapon on himself, the statement said.

Thursday, August 15, 2013

Fallen Bricks, Safety Hazards in Condo Complex - www.kmir6.com

Fallen Bricks, Safety Hazards in Condo Complex - www.kmir6.com: PALM DESERT - Trash build-up. Overgrown weeds. Nails sticking out of pieces of wood. These are some of the concerns some residents have at Monterey Ridge, a gated condominium complex in Palm Desert.

"Our HOA Board of Directors seems to be pretty non-existing ignoring the 20 units that we have here. We have a lot of exterior issues going on with our buildings," explains a homeowner, Meredith Payne.
----------
Another condo complex spinning into the Tyler Berding death spiral? Film at 10 on KMIR News 6 Palm Springs.

Condo accused of discrimination over rule barring unmarried couples | HeraldTribune.com

Venice condo accused of discrimination over rule barring unmarried couples | HeraldTribune.com

"Word is spreading on social network websites that protestors are expected today at Casa Di Amici, the condominium complex in Venice that has barred gay and other unmarried couples from living there. The condominium association approved an amended covenant allowing only married or single people to purchase or rent in the 160-unit complex off Jacaranda Boulevard. The only exemption applies to blood relatives living together."
---------------------
So here we go again. This is Florida, by the way, in case you hadn't already guessed.  You can read the amended declaration here.   Thanks to Jordan Shifrin for the link.

Ex-Hollymead treasurer charged with embezzlement - The Daily Progress: Local

Ex-Hollymead treasurer charged with embezzlement - The Daily Progress: Local

Another isolated incident!  But this one has an additional angle: a claim that the BOD asked the home owners to keep it quiet.

"A former Hollymead homeowners association treasurer has been charged with embezzlement, court records show. Patricia Anne Cuthbert, 43, stands accused of embezzling more than $73,000 from the Hollymead Citizens Association, the neighborhood’s homeowners association, between January 2008 and December 2012...The board of directors of the Hollymead Citizens Association informed residents last month that a slew of unauthorized charges had been made to the association’s bank account, but told homeowners to keep word of the audit quiet while police investigated the charges and the board continued to seek reimbursement. “They asked us to not make the audit public and to not even talk about it at cocktail parties because it could lower our property values,” Moruza said. Moruza is a member of Concerned Citizens of Hollymead, which is demanding changes to the homeowners association’s board of directors and greater transparency between board members and residents."

Wednesday, August 14, 2013

Bottom line on curb and street repair is bad news for homeowners - latimes.com

Bottom line on curb and street repair is bad news for homeowners - latimes.com

Thanks to Fred Pilot for this link to a story about a "curb assessment district":

"You've paid your taxes for decades, but your crumbling street hasn't been repaved since the Eisenhower administration. So you ask City Hall to step up, and the response goes something like this: Sure, we'll fix the street. But only if, first, you pay several thousand dollars out of your own pocket to fix the curbs. As crazy as it sounds, that's exactly what's happening in one Mar Vista neighborhood, where homeowners are voting between now and Aug. 21 on whether to establish a curb assessment district."

Putting clothes out to dry? Hang on, some homeowners associations say | Q13 FOX News

Putting clothes out to dry? Hang on, some homeowners associations say | Q13 FOX News: According to the Seattle Times, a number of homeowners associations around Seattle ban residents from hanging clothes on an outdoor clothesline. Homeowners covenants site everything from health concerns — such as children choking or getting caught in the line — to unsightly or nuisance ordinances. Most new housing developments or apartment complexes ban clothelines, the Times reported, with the ban open to the discretion of the homeowners association.

Clothesline
At Redmond Ridge, for example, clothelines are banned because they “pose a strangulation hazard” and work against creating a “clean, well-kept community.” The Seattle Housing Authority bans clothelines in an effort to keep children safe. And the Sammamish’s Heritage Hill development considers clotheslines “unsightly.”
-------------
Clotheslines get a pretty bad rap in parts of Privatopia, where they are suspected of strangling kids.

Tuesday, August 13, 2013

Clothesline crusaders call laundry flap overblown | Local News | The Seattle Times

Clothesline crusaders call laundry flap overblown | Local News | The Seattle Times: Former state Rep. Deb Hall Eddy, D-Kirkland, not long ago considered sponsoring a bill to prohibit homeowners associations from banning clotheslines after a group of high-school students came to her with the idea. She didn’t get far when the powerful homeowners association lobby came to Olympia intent on crushing the idea because it saw the notion as state intervention in homeowners’ rights.

“It wasn’t going anywhere until you’ve got some equally powerful interest group in Olympia advocating for it,’’ she said. “Unfortunately, we create legislation by whether there is an interest group, not by what’s in the public interest.’’

Discouraged, Eddy dropped the idea.

But a number of energy conservationists say it’s time to reconsider.

There are 19 so-called “right to dry” states, including Oregon and California, that have outlawed bans on clotheslines.
------------
Community association industry astroturf wins out over clotheslines in Washington.  But not in some other, sunnier states.