SHRUB PRUNING BRINGS FELONY CHARGE | UTSanDiego.com
"The San Diego County District Attorney’s Office is prosecuting Juvencio Adame, known locally as Vince, for “defacement, damage and destruction” in excess of $400 or more after he pruned the shrubbery near his home in July, court records show. The shrubbery in this case was on city land that abuts his property on Niagara Avenue along a popular surfing area. Adame told neighbors he did so because the overgrown shrubbery became a haven for homeless people to sleep and litter."
-------------------
Having eliminated all street crime in San Diego County...
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, November 30, 2013
Sunday, November 24, 2013
Bank seeks help from city on foreclosed subdivision CullmanTimes.com - Cullman, Alabama
Bank seeks help from city on foreclosed subdivision Top News CullmanTimes.com - Cullman, Alabama: HANCEVILLE — People’s Bank is seeking financial help from the City of Hanceville on the incomplete, foreclosed subdivision Baylor Cove so it can get the struggling development’s residential streets paved.
Mark Vincent with People’s Bank proposed the bank give the city three lots inside the subdivision in exchange for the city applying a final top coat to the streets and taking over their maintenance. Vincent said the bank has sought and received two bids for the paving work and both averaged around $50,000.
The price of the lots have fallen from a high of $40,000 to about $10,000 in current value, but the city could sell the lots in the future if they gain value, Vincent said.
-----------
The bank is seeking a municipal bailout for this troubled development that like many of those similarly situated lacks a functioning HOA to levy property owners for needed infrastructure work.
Mark Vincent with People’s Bank proposed the bank give the city three lots inside the subdivision in exchange for the city applying a final top coat to the streets and taking over their maintenance. Vincent said the bank has sought and received two bids for the paving work and both averaged around $50,000.
The price of the lots have fallen from a high of $40,000 to about $10,000 in current value, but the city could sell the lots in the future if they gain value, Vincent said.
-----------
The bank is seeking a municipal bailout for this troubled development that like many of those similarly situated lacks a functioning HOA to levy property owners for needed infrastructure work.
Suit alleges fraud by officers of Brentwood homeowners association | The Tennessean | tennessean.com
Suit alleges fraud by officers of Brentwood homeowners association | The Tennessean | tennessean.com: Beneath the facade of one of Brentwood’s most affluent communities, neighbors have come toe-to-toe in federal court over allegations of wiretapping, fraud and public, vulgar name-calling.
A homeowner in the gated Hampton Reserve subdivision has filed a lawsuit in U.S. District Court in Nashville alleging that neighbors and former homeowners association officers fraudulently tried to obtain portions of neighborhood common land and then suppressed opposition by intercepting and blocking community emails between residents, charges the defendants hotly deny.
----------
A really nasty legal fight in Privatopia, Tennessee sector. The lawsuit alleges the board wrongly gerrymandered common area boundaries to benefit a handful of owners and afford one director sufficient room to build a swimming pool on her property.
A homeowner in the gated Hampton Reserve subdivision has filed a lawsuit in U.S. District Court in Nashville alleging that neighbors and former homeowners association officers fraudulently tried to obtain portions of neighborhood common land and then suppressed opposition by intercepting and blocking community emails between residents, charges the defendants hotly deny.
----------
A really nasty legal fight in Privatopia, Tennessee sector. The lawsuit alleges the board wrongly gerrymandered common area boundaries to benefit a handful of owners and afford one director sufficient room to build a swimming pool on her property.
LEX 18 Investigates: Council Member Challenging HOA Foreclosure Laws | LEX18.com | Lexington, Kentucky
LEX 18 Investigates: Council Member Challenging HOA Foreclosure Laws | LEX18.com | Lexington, Kentucky: Ingrid Boak lost her house, but says she was never personally served with any papers. No one knocked on her door and no one called, she says.
The homeowners association lawyers sent plenty of letters and they all went unanswered.
"I believe that if a house can be sold without me personally getting something in my hand or sign something, it is almost like communism," Boak said.
She knows a thing or two about communism. Communists took her east German childhood home after World War II. The same feelings she had as child, have been resurrected as an adult.
-----------
This is a familiar story. Foreclosed unit owner claims no notice of assessment delinquencies. HOA counters its letters were ignored, so pack up your stuff and get out. Hopefully there are provisions in Kentucky law that can provide an equitable outcome.
The homeowners association lawyers sent plenty of letters and they all went unanswered.
"I believe that if a house can be sold without me personally getting something in my hand or sign something, it is almost like communism," Boak said.
She knows a thing or two about communism. Communists took her east German childhood home after World War II. The same feelings she had as child, have been resurrected as an adult.
-----------
This is a familiar story. Foreclosed unit owner claims no notice of assessment delinquencies. HOA counters its letters were ignored, so pack up your stuff and get out. Hopefully there are provisions in Kentucky law that can provide an equitable outcome.
INVESTIGATORS: Corporation forces homeowners to sell property | wtsp.com
INVESTIGATORS: Corporation forces homeowners to sell property | wtsp.com: Here is how it happened. In the past few years, more than 80 percent of the condos at Madison Oaks were bought up, not by new neighbors, but by a single company called "Madison Oaks, LLC".
The company wants the whole complex switched to apartments- forcing residents to sell their homes.
------------
Regime change, condo style. Or inverse condemnation, private sector style. However it's described, the minority stake owners taking a loss are upset that this move is permitted under Florida law.
The company wants the whole complex switched to apartments- forcing residents to sell their homes.
------------
Regime change, condo style. Or inverse condemnation, private sector style. However it's described, the minority stake owners taking a loss are upset that this move is permitted under Florida law.
Saturday, November 16, 2013
Lighter shade ends homeowner dispute
ALBUQUERQUE (KRQE) - An Albuquerque woman who was threatened with eviction from her own home for painting her garage door red is now painting it a new--and similar--color her homeowners association chose.
There's no question Sonja Waldrop's red garage stands out in a sea of neutrals in the Volterra neighborhood near Kirtland Air Force Base.
A few weeks ago she painted her garage and front door with "red hawk" red. Some of her neighbors liked it; some of them didn't including the homeowners association.
"They came to my door and said that I was in violation and that I needed to change it back to the original color," Waldrop told KRQE News 13. "They did say if I stayed in violation they could actually put a lien on my house."
------------
HOA channels the Rolling Stones: We see a red door and we want it painted black.
There's no question Sonja Waldrop's red garage stands out in a sea of neutrals in the Volterra neighborhood near Kirtland Air Force Base.
A few weeks ago she painted her garage and front door with "red hawk" red. Some of her neighbors liked it; some of them didn't including the homeowners association.
"They came to my door and said that I was in violation and that I needed to change it back to the original color," Waldrop told KRQE News 13. "They did say if I stayed in violation they could actually put a lien on my house."
------------
HOA channels the Rolling Stones: We see a red door and we want it painted black.
Friday, November 15, 2013
HOA Fires Back at Fla. Man Who Said He Was Fined $5K Short Trees - Yahoo
HOA Fires Back at Fla. Man Who Said He Was Fined $5K Short Trees - Yahoo: After a Florida man says he was fined $100 a day, or $5,000, for having two Magnolia trees that were too short, his homeowners association is defending itself, saying it's not just the height that's the problem, but the number of trees.
Patrick Fitzgerald, 51, said he planted two small trees by his home in Merritt Island, Fla. a year ago. Now he and the River Grove Homeowners Association have undergone legal mediation and some heated words in which he has called the board "idiots."
"This has gotten so carried away it is absolutely ridiculous," the HOA president told ABCNews.com. "To me it's ludicrous."
-----------
As media coverage of accounts of HOA follies has grown in recent years, HOA officials and managers usually remain mum and avoid reporters. But sometimes as in this case they do comment.
Patrick Fitzgerald, 51, said he planted two small trees by his home in Merritt Island, Fla. a year ago. Now he and the River Grove Homeowners Association have undergone legal mediation and some heated words in which he has called the board "idiots."
"This has gotten so carried away it is absolutely ridiculous," the HOA president told ABCNews.com. "To me it's ludicrous."
-----------
As media coverage of accounts of HOA follies has grown in recent years, HOA officials and managers usually remain mum and avoid reporters. But sometimes as in this case they do comment.
Thursday, November 07, 2013
Levy Court considers taking over responsibility for Homeowners Association fees - News - Dover Post - Dover, DE
Levy Court considers taking over responsibility for Homeowners Association fees - News - Dover Post - Dover, DE: Ideas floated included sending collection letters from the county or putting the fee as a line item on property tax bills. In either case, the funds received then would be disbursed back to the HOA.
The idea is similar to a system used in New Castle County, but legislation from the state General Assembly would be required to enable the county to start collecting the fees. The HARP committee already has set Nov. 12 as a date to sit down with local legislators, to include Sen. Brian Bushweller, (D-Dover) and Rep. Trey Paradee, (D-Dover) to discuss such legislation.
Both men were at the Levy Court session in support of examining the idea.
Commissioner Eric Buckson said afterward he is sympathetic to problems faced by the HOAs, although he normally does not favor increasing government intervention in non-governmental issues.
"I don't think Levy Court wants to be involved, but I think we have to be involved," he said. "As a county, though we don't require HOAs, we enable them and rely on them. If they don't function properly, eventually it will fall back into our laps. That's my greatest fear.
------------
Fiscal distress continues in Privatopia five years after the economic downturn as local governments fear the consequences.
The idea is similar to a system used in New Castle County, but legislation from the state General Assembly would be required to enable the county to start collecting the fees. The HARP committee already has set Nov. 12 as a date to sit down with local legislators, to include Sen. Brian Bushweller, (D-Dover) and Rep. Trey Paradee, (D-Dover) to discuss such legislation.
Both men were at the Levy Court session in support of examining the idea.
Commissioner Eric Buckson said afterward he is sympathetic to problems faced by the HOAs, although he normally does not favor increasing government intervention in non-governmental issues.
"I don't think Levy Court wants to be involved, but I think we have to be involved," he said. "As a county, though we don't require HOAs, we enable them and rely on them. If they don't function properly, eventually it will fall back into our laps. That's my greatest fear.
------------
Fiscal distress continues in Privatopia five years after the economic downturn as local governments fear the consequences.
Wednesday, November 06, 2013
Don’t forget your CC&Rs Mountain Democrat
Don’t forget your CC&Rs Mountain Democrat: “Honestly, 80 percent of the time, people just don’t know they need to go through this approval process. They didn’t receive the CC&Rs or it’s part of a big stack of papers they never read,” said Priest. “We’re trying to work with the Realtors and title companies to make sure new homeowners are given those copies.”Some including the perfessor who blogs here believe Privatopia's governance issues can be addressed with better state regulation. But more regulation cannot address a fundamental lack of stakeholder buy-in to these private local governments as this story illustrates. If homebuyers were truly engaged with and accepting of HOA governance, this classic CC&R disconnect that happens all over Privatopia wouldn't be so commonplace.
Friday, November 01, 2013
Blind man fights with HOA over neighborhood fence | KXAN.com
Blind man fights with HOA over neighborhood fence | KXAN.com: AUSTIN (KXAN) - A legally blind man is planning to sue his homeowners association after they blocked access to a bus stop.
Chris Prentice is legally blind. He moved into the Berdoll Farms neighborhood because of the easy access to the bus stop. Then the HOA installed a fence last week, meaning Prentice's walk is now about a mile long.
"We wanted something close enough to the bus that I could get to and from work independently, " Prentice said.
A year ago, the City of Austin sent a warning letter to the HOA saying the fence needed to be removed because it blocked access for disabled residents. The city also suggested a possible compromise and suggested adding a gate. So far, that hasn't happened.
------------
Yet another paradoxical account from gated Privatopia where the gates ostensibly are there to keep the bad guys out but can also lock the inmates inside.
Chris Prentice is legally blind. He moved into the Berdoll Farms neighborhood because of the easy access to the bus stop. Then the HOA installed a fence last week, meaning Prentice's walk is now about a mile long.
"We wanted something close enough to the bus that I could get to and from work independently, " Prentice said.
A year ago, the City of Austin sent a warning letter to the HOA saying the fence needed to be removed because it blocked access for disabled residents. The city also suggested a possible compromise and suggested adding a gate. So far, that hasn't happened.
------------
Yet another paradoxical account from gated Privatopia where the gates ostensibly are there to keep the bad guys out but can also lock the inmates inside.
Wednesday, October 30, 2013
Las Vegas HOA to pay $65K to family after barring them from parking ambulance in driveway | Star Tribune
Las Vegas HOA to pay $65K to family after barring them from parking ambulance in driveway | Star Tribune: LAS VEGAS — Federal officials say a Las Vegas homeowners association will pay $65,000 to a family after refusing to allow them to park an ambulance in the driveway.
The U.S. Department of Housing and Urban Development announced the settlement in the disability discrimination complaint Wednesday.
Officials say the family bought the ambulance because their disabled son needed to be taken to medical appointments while lying down. But authorities say the Harbor Cove Homeowners Association banned the family from parking the vehicle in the driveway, saying community rules prohibited commercial vehicles.
---------
You vill only ride in a passenger vehicle sitting upright.
The U.S. Department of Housing and Urban Development announced the settlement in the disability discrimination complaint Wednesday.
Officials say the family bought the ambulance because their disabled son needed to be taken to medical appointments while lying down. But authorities say the Harbor Cove Homeowners Association banned the family from parking the vehicle in the driveway, saying community rules prohibited commercial vehicles.
---------
You vill only ride in a passenger vehicle sitting upright.
Monday, October 21, 2013
Double-murder suspect Mahmoud Hindi commits suicide in jail | The Courier-Journal | courier-journal.com
Double-murder suspect Mahmoud Hindi commits suicide in jail | The Courier-Journal | courier-journal.com
"The man awaiting trial on charges that he murdered two other men during a homeowners association meeting in September 2012 committed suicide in his Louisville Metro Corrections cell Saturday afternoon, officials said. Mahmoud Yousef Hindi was found hanging by a bedsheet around 3:55 p.m. — about 10 minutes after staff observed him praying in his cell, according to Corrections Director Mark Bolton."
"The man awaiting trial on charges that he murdered two other men during a homeowners association meeting in September 2012 committed suicide in his Louisville Metro Corrections cell Saturday afternoon, officials said. Mahmoud Yousef Hindi was found hanging by a bedsheet around 3:55 p.m. — about 10 minutes after staff observed him praying in his cell, according to Corrections Director Mark Bolton."
Thursday, October 10, 2013
Neighbors worry about being left in the dark after FPL plans to shut of street lights
Neighbors worry about being left in the dark after FPL plans to shut of street lights: Whalen and her neighbors received a letter from FPL on Monday, stating that the street lights will be shut off on Oct. 22 because the former Home Owner's Association did not pay the bill.
Neighbors say the HOA fizzled out years ago. But it's contract with FPL still requires HOA representatives to pay for the lighting, according to an FPL spokesperson.
In a statement, FPL officials said ,"We've reached out to this Homeowner's Association representation, but they have been non responsive. Disconnection of streetlight service is clearly a last resort for FPL."
-----------
The HOA may be defunct but Florida Power and Light wants someone to pay the street lighting bill.
Neighbors say the HOA fizzled out years ago. But it's contract with FPL still requires HOA representatives to pay for the lighting, according to an FPL spokesperson.
In a statement, FPL officials said ,"We've reached out to this Homeowner's Association representation, but they have been non responsive. Disconnection of streetlight service is clearly a last resort for FPL."
-----------
The HOA may be defunct but Florida Power and Light wants someone to pay the street lighting bill.
Monday, October 07, 2013
Pevely man wins suit to post political sign : News
Pevely man wins suit to post political sign : News: “Homeowners are frequently stunned to be told that they cannot engage in such a basic right of free speech as putting a political sign on their own property because of a covenant,” Tony Rothert, legal director of the ACLU-MO, said in a prepared statement.
“Associations of homeowners across the state are now on notice that enforcing such a ban violates the Missouri Constitution.”
------------
In the Show Me State, free speech trumps the notion that political signs somehow adversely affect Privatopian property values. (Query: How? Show me.) Thanks to Bill Davis for the link.
“Associations of homeowners across the state are now on notice that enforcing such a ban violates the Missouri Constitution.”
------------
In the Show Me State, free speech trumps the notion that political signs somehow adversely affect Privatopian property values. (Query: How? Show me.) Thanks to Bill Davis for the link.
Wednesday, October 02, 2013
Neighbors say HOA forcing kids on dangerous path to school | khou.com Houston
Neighbors say HOA forcing kids on dangerous path to school | khou.com Houston: NORTHWEST HARRIS COUNTY, Texas -- Some people in northwest Harris County believe their homeowners association is putting children in danger.
The problem: a tall metal gate to the Champions Point Grove subdivision has been welded shut.
Neighbors claim they weren’t notified that this would be happening right before the start of this school year.
For more than ten years, kids have been using the opening at the back of their subdivision to get to three different schools.
-------------
For years, the debate over the forting up of gated Privatopia was whether gates serve to keep undesirables out or the inmates inside. In this HOA, it appears to be the latter.
The problem: a tall metal gate to the Champions Point Grove subdivision has been welded shut.
Neighbors claim they weren’t notified that this would be happening right before the start of this school year.
For more than ten years, kids have been using the opening at the back of their subdivision to get to three different schools.
-------------
For years, the debate over the forting up of gated Privatopia was whether gates serve to keep undesirables out or the inmates inside. In this HOA, it appears to be the latter.
Sellersville Residents Battle HOA Over Pet Policy And Fines - Philadelphia News, Weather and Sports from WTXF FOX 29
Sellersville Residents Battle HOA Over Pet Policy And Fines - Philadelphia News, Weather and Sports from WTXF FOX 29: Residents filed a complaint with the State Attorney General citing excessive and sometimes erroneous fines also prevents them from voting in association elections or running for a seat on the board.
"It's out of control. It's not a comfortable place to live anymore," said Fanelli.
Fox 29 contacted the president of the HOA. We have not heard back from him but his wife said he resigned Monday. She did not say why. Fox 29 also left a message for the board's Vice President. We're still waiting for comment.
-----------
More trouble in Privatopia. Film at 10 on WTFX Fox channel 29.
"It's out of control. It's not a comfortable place to live anymore," said Fanelli.
Fox 29 contacted the president of the HOA. We have not heard back from him but his wife said he resigned Monday. She did not say why. Fox 29 also left a message for the board's Vice President. We're still waiting for comment.
-----------
More trouble in Privatopia. Film at 10 on WTFX Fox channel 29.
The Source: Fighting Your Home Owner's Association | Big Changes At The MPO | Texas Public Radio
The Source: Fighting Your Home Owner's Association | Big Changes At The MPO | Texas Public Radio
In which you can hear yours truly talking about this and responding to Texas callers.
In which you can hear yours truly talking about this and responding to Texas callers.
California Retirees Have Carona's Company in Crosshairs | The Texas Tribune
California Retirees Have Carona's Company in Crosshairs | The Texas Tribune
This is a long and thorough article that lays out the problems with HOAs as thoroughly as anything I've read recently. Really worth reading.
This is a long and thorough article that lays out the problems with HOAs as thoroughly as anything I've read recently. Really worth reading.
Tuesday, October 01, 2013
Fan’s 12th Man flag flies in face of homeowners association | HeraldNet.com - Local news
Fan’s 12th Man flag flies in face of homeowners association | HeraldNet.com - Local news: On other days, Carlson, a 48-year-old commercial fisherman, has flown an American flag in front of his home between Snohomish and Mill Creek.Now, he's hired an attorney who not only says Carlson has legal protection for flying the American flag, but is encouraging him to fly his 12th Man flag on Seahawks game days. (The "12th Man" is Seahawk lingo for fans, after the 11 players on the field.)The American flag is covered by the Freedom to Display the American Flag Act of 2005, said Carlson's attorney, Eric Lindell of Seattle.The law specifically precludes homeowners associations from restricting display of the flag, assuming it is done in accordance with flag decorum. He flies the American flag in support of armed forces, his attorney said.
-------------
What is it about flags being such a hot button for HOAs?
-------------
What is it about flags being such a hot button for HOAs?
Monday, September 30, 2013
Veteran wins battle to fly U.S., USMC flags outside home - Atlanta News, Weather, Traffic, and Sports | FOX 5
Veteran wins battle to fly U.S., USMC flags outside home - Atlanta News, Weather, Traffic, and Sports | FOX 5: The homeowners association at the Sun City retirement community said that covenants only allowed one flag to be displayed outside a home.
Despite public outcry, the homeowners association stood by their rules and threatened to fine Lowe $25 for each day that both flags were displayed. The HOA even warned about the possibility of placing a lien on Lowe's home.
Capt. Lowe and his wife, Sandy, had promised to move if the HOA wouldn't bend.
After the story attracted national attention, property management finally agreed to change the covenants. The new rules now allow for two flags as long as one of them is the U.S. flag, Lowe said
-----------
Obdurate HOAs rarely prevail in the court of public opinion.
Despite public outcry, the homeowners association stood by their rules and threatened to fine Lowe $25 for each day that both flags were displayed. The HOA even warned about the possibility of placing a lien on Lowe's home.
Capt. Lowe and his wife, Sandy, had promised to move if the HOA wouldn't bend.
After the story attracted national attention, property management finally agreed to change the covenants. The new rules now allow for two flags as long as one of them is the U.S. flag, Lowe said
-----------
Obdurate HOAs rarely prevail in the court of public opinion.
Subscribe to:
Posts (Atom)