Bill addresses watering in homeowner associations - SFGate

Bill addresses watering in homeowner associations - SFGate: SACRAMENTO, Calif. (AP) — Homeowner associations would be prohibited from requiring residents to pressure-wash their driveways or other areas when droughts are declared locally or across California, under a bill sent to Gov. Jerry Brown.

Republican Sen. Jim Nielsen of Gerber says some homeowners are caught in bind. They face fines under state regulations that prohibit washing driveways, as well as fines from their associations if they don't follow its rules.
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Government already regulates many private sector industries. The community association industry fine machine is now getting a greater degree of regulation.

Drought debate: Homeowner fined for replacing grass with drought-tolerant plants - Inside Bay Area

Drought debate: Homeowner fined for replacing grass with drought-tolerant plants - Inside Bay Area: SAN RAMON -- Fran Paxson figured to get a little credit and admiration when she replaced the old lawn around her suburban San Ramon home with drought-resistant plants.

Her public water supplier is even rewarding her with a rebate.

But her homeowners association -- drought and a new state law be darned -- is punishing her with a fine.

Paxson's plight is turning up the heat in the conflict between the aesthetics and the thirst of water-hungry green lawns as California struggles through a third year of drought.
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Another perennial story in the litany of bad press for Privatopia: enforcement actions over flying flags, holiday lights and this recurring story of HOAs at odds with local governments over watering restrictions.

Fox sets up plan to create utopia

http://variety.com/2014/tv/news/fox-gambles-on-big-bold-and-expensive-vision-of-utopia-1201288541/

Well, if anybody can create utopia it would be Fox. Rupert Murdoch has it all figured out.

Hoa fines owner for lawn removal during drought

http://m.sfgate.com/news/science/article/Lawn-removal-in-parched-California-draws-fine-5706307.php

With the state of California authorizing fines for wasting water, this Hoa is fining people for not wasting water keeping their lawns green. 

'Remove flags or be fined' homeowner told by HOA | AccessNorthGa

'Remove flags or be fined' homeowner told by HOA | AccessNorthGa: GAINESVILLE - A Gainesville woman has been told by her homeowners' association that she must remove the Israeli and American flags on display in her front yard or face a fine.
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Flag flap No. 583,762 in Privatopia, Georgia sector.

Scottsdale HOA sues property management company - CBS 5 - KPHO

Scottsdale HOA sues property management company - CBS 5 - KPHO: SCOTTSDALE, AZ (CBS5) -

Some North Scottsdale homeowners are angry and they want answers.

Their property management company is accused of embezzling more than $3.4 million.

The Edge at Grayhawk Condominium Association has filed a lawsuit in Maricopa County Superior Court against Eagle Property Management.

The lawsuit claims that Eagle Property Management committed fraud and embezzled millions of dollars in HOA money.

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Alleged graft in Privatopia, Arizona Sector. The cops are on the case. Film at 10 on CBS5, Phoenix.

Pay for your own sidewalks?

http://wlfi.com/2014/08/07/sidewalk-scuffle-homeowners-surprised-by-city-code/

I'd be surprised, too. 

IRS ruling highlights schizo nature of hoas

http://www.forbes.com/sites/peterjreilly/2014/08/05/homeowner-association-irs-ruling-highlights-schizophrenic-nature-of-associations/

Featuring a long quote from yours truly.

ALEC Offshoot Takes Aim at Local Government | PR Watch

ALEC Offshoot Takes Aim at Local Government | PR Watch: "Early reports suggests that ACCE will pursue similar policy objectives as ALEC. According to The Guardian, "An early draft of the agenda for [the] meeting revealingly listed ACCE’s very first workshop under the simple title: 'Privatization' – though in the final version the wording had been sanitized into: 'Effective Tools for Promoting Limited Government'." Privatization has been a long term goal for many ALEC member firms, and ALEC model bills have called for the creation of a special state commission to privatize public services. Other ALEC bills call for the privatization of Social Security, Medicare and Medicaid, public schools, state pensions and more. Another workshop at the inaugural ACCE meeting is titled "Releasing Local Governments From the Grip of Collective Bargaining," which fits into ALEC's long-standing antipathy towards unions."

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The American Legislative Exchange Council is a corporate-funded group that puts state legislators in the same room with corporate lobbyists, who hand our elected officials pre-drafted bills for them to introduce and pass back home. It's anti-union, anti-environment, anti-consumer, pro-gun, etc. Now, with the American City County Exchange, they are lowering their sights and trying to hamstring and plunder local government the way they have done so effectively in a number of states. Privatization for all, which means taxpayers bear the risk and get turned into fee-paying consumers, and private corporations keep the profits. Thanks to Mystery Reader, who first flagged this story.  If you don't know who these people are, you can read more here.

California Assembly Bill AB 968 - Bill Analysis

AB 968 Assembly Bill - Bill Analysis

This bill is intended to clear up the existing ambiguity regarding responsibility for maintenance, repair, and replacement of limited common elements in CIDs. The bill passed the Assembly 73-1, made its way through the Senate committee system,  clearing the Commitee on Transportation and Housing by a 10-0 vote, and is now awaiting a third reading on the Senate floor. The bill is opposed by Donie Vanitzian  and also by Marjorie Murray and the Center for California Homeowner Association Law.

  The full text of the bill is here.

The normal situation is that the association is responsible for the common elements, and the owners are responsible for their separate interest.  But what about limited use common elements, such as condominium decks and patios, that are part of the common elements but that can only be used by the individual owner?  The existing section that governs this is  Section 4775 of the Civil Code.  It currently reads as follows (my emphasis), and it is unclear on that subject:

Section 4775.  

(a) Unless otherwise provided in the declaration of a
4common interest development, the association is responsible for
5repairing, replacing, or maintaining the common area, other than
6exclusive use common area, and the owner of each separate interest 7is responsible for maintaining that separate interest and any 8exclusive use common area appurtenant to the separate interest.

Note that the words "repairing" and "replacing" do not appear in the language about "exclusive use common area," i.e., limited use common elements. So, if the documents don't specify, whose job is it to repair and replace limited common elements?

AB 968 would repeal the existing section 4775 and replace it with this language (again, my emphasis):

Section 4775 is added to the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert

begin insert

14

begin insert4775.end insert  

(a) (1) Except as provided in paragraph (3), unless
15otherwise provided in the declaration of a common interest
16development, the association is responsible for repairing, 17replacing, and maintaining the common area.

18(2) Unless otherwise provided in the declaration of a common
19interest development, the owner of each separate interest is 20responsible for repairing, replacing, and maintaining that separate 21interest.

22(3) Unless otherwise provided in the declaration of a common
23interest development, the owner of each separate interest is 24responsible for maintaining the exclusive use common area P3    1appurtenant to that separate interest and the association is 2responsible for repairing and replacing the exclusive use common 3area.

4(4) The governing documents may define which items or actions 5constitute maintenance and which constitute repair and 6replacement.

7(b) The costs of temporary relocation during the repair and
8maintenance of the areas within the responsibility of the
9association shall be borne by the owner of the separate interest
10affected.

11(c) This section shall become operative on January 1, 2016.

Let's make this less abstract. Imagine that I own a condo unit, which means I own an airspace and the whole building is common elements.  My unit has a deck that is mine and mine alone to use--it is a  limited common element.  Under the proposed new law, unless my association's declaration says otherwise, I am responsible for maintaining my deck, and the association is responsible for repairing and replacing the deck.

But wait, you say--what if the coating of my deck is worn out and it is leaking. Is that maintenance, which is my responsibility, or repair, which the associaiton would have to pay for, so that the cost is shared by all owners?  The bill doesn't define that distinction.  Instead, this bill in section (4) says the governing documents may (not must) define "which items or actions constitute maintenance and which constitute repair and replacement." For most associations, there is no such specificiation in the declaration, so they would need to amend their documents if they wanted to clarify that.  

Donie Vanitzian says that section (4) doesn't just allow the association to define what it maintenance versus repair and replacement, but also allows the association to amend the documents and reclassify various building components as limited use common elements, and then assign responsibility for them to individual owners.  From the column: "AB 968 allows boards to expand, redefine and concoct their own rendition of what 'exclusive use common area' is and then assess the owner to maintain, insure and assume liability for it. If the association has a reserve account, this new obligation does not exempt owners from continuing to fund it. Exclusive use components that associations may add are infinite. Some examples: indoor/outdoor pipes, sprinkler systems, wiring, parking stalls, doors, screens, windows, steps to entryways, outdoor light fixtures, walkways, hallways, fences, mailboxes, balconies, porches, roofs, air conditioners, heating systems, outdoor stairs, patches of dirt touching your property's stucco and more."  

 Here's how the legislative analyst summarizes the opposition. They say (my emphasis): 

ARGUMENTS IN OPPOSITION  :    Opponents believe that this bill's  

          lack of definitions for maintenance, repair, and replacement  

          does a huge disservice to associations and residents by forcing  

          associations to devise definitions when even this bill's sponsor  

          cannot.  In addition, opponents argue that this bill imposes  

          significant new financial obligations on homeowners.  First,  

          this bill newly assigns the repair and replacement of separate  

          interests to homeowners.  Second, having associations define  

          this bill's terms creates an opportunity to foist new  

          maintenance duties onto homeowners.  These issues are  

          exacerbated by the lack of clarity in some governing documents  

          over what is considered exclusive-use common area.  

It appears that the opponents see potential for abuse here that the legislature doesn't, given the virtually unanimous votes it has received so far.  The bill is subject to amendment before the third reading, and if anybody knows what amendments are being considered, please comment or email me.

Update 8/3/14: the Executive Council oh Homeowners supports the bill.

http://www.echo-ca.org/hoa-advocacy/ab-968-exclusive-use-common-area

Marjorie Murray tells me the Public Interest Law Project and Consumer Attorneys of California oppose the bill. I can't find any reference to the bill on their websites. I will link to their statements directly if and when I can. 

Someone call the HOA!

Crop circle in Germany attracts many visitors 


 


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There must be something in the CC&Rs that prohibits crop circles.

Mesa residents still fighting HOA, claim former board members misspent money - ABC15 Arizona

Mesa residents still fighting HOA, claim former board members misspent money - ABC15 Arizona: Mesa, AZ - We've been following the legal battle between Superstition Lakes Condominium Association and its former leadership.

We met with former resident Kathleen Daurio last year. As she dug through board records and said she found nearly $40,000 used for items and meals that she said didn't benefit homeowners. Homeowners accuse board of misspending funds.

"I mean, they bought laundry detergent and almonds and vodka and baby wipes and just about every time they bought air fresheners," said Daurio.

Another resident, Jan Stuart, sued that former board last year. It ended in a settlement agreement that allowed a vote resulting in three members being recalled, and a new board put in place.

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Your HOA assessment dollars at work -- or not. Trouble in Privatopia, Arizona sector. Film at 10 on ABC 15.

PQED: How should people respond to open-carry gun-rights activists?

PQED: How should people respond to open-carry gun-rights activists?:

"The question that concerns me now is how we bystanders should react when people come into a store with guns. There really is no legitimate way of determining intent. Even if the people with guns are carrying a sign claiming to be activists (which they do not do), they could be lying, just setting us all up for slaughter. And since there is no way to know what is on their minds, all we have are our instincts, but as we all should know, our instincts are often racist, classist, and frequently mistaken. So, what should we do?

My proposal is as follows: we should all leave. Immediately. Leave the food on the table in the restaurant. Leave the groceries in the cart, in the aisle. Stop talking or engaging in the exchange. Just leave, unceremoniously, and fast.

But here is the key part: don’t pay. Stopping to pay in the presence of a person with a gun means risking your and your loved ones’ lives; money shouldn’t trump this. It doesn’t matter if you ate the meal. It doesn’t matter if you’ve just received food from the deli counter that can’t be resold. It doesn’t matter if you just got a haircut. Leave. If the business loses money, so be it. They can make the activists pay."

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A philosopher proposes a brilliant way for us to respond to gun bullies.

Poor doors: the segregation of London's inner-city flat dwellers | Society | The Guardian

Poor doors: the segregation of London's inner-city flat dwellers | Society | The Guardian:

"A Guardian investigation has discovered a growing trend in the capital's upmarket apartment blocks – which are required to include affordable homes in order to win planning permission – for the poorer residents to be forced to use alternative access, a phenomenon being dubbed "poor doors". Even bicycle storage spaces, rubbish disposal facilities and postal deliveries are being separated."

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Thanks to Mystery Reader for another example of the rich separating themselves from the hoi polloi while enjoying the planning benefits that are supposed to go with mixed income developments. The same thing is happening in New York.

Homeowners Association: Veteran Can’t Build Furniture For Military Families In Need � CBS Sacramento

Homeowners Association: Veteran Can’t Build Furniture For Military Families In Need  CBS Sacramento:

"Even as a nonprofit, the Vietnam veteran was told he had to get a business permit, which he did in 2012. But this March, the Lake of the Pines Homeowners Association took it away.
“Now they’ve come back to me and said I’m producing odors and noxious fumes,” he said.
Such complaints typically come from neighbors, but those who live nearby have written letters supporting Dennis Kocher and his work.
We tried getting answers from the association’s general manager, but he would not comment."

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Homeowners Association: Veteran Can’t Build Furniture For Military Families In Need CBS Sacramento

Homeowners Association: Veteran Can’t Build Furniture For Military Families In Need CBS Sacramento: NEVADA COUNTY (CBS13) — A war veteran who builds furniture in his garage and gives it to military families in need could be forced to shut down the saws.

A homeowners association is telling Dennis Kocher he needs to close up shop after years of doing business, or he could be fined between $100 and $1,000.

“I may not paint, sand, cut wood or screw on the property at anytime,” he said.

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More bad press for Privatopia, California sector. Film at 10 on CBS13, Sacramento.

Despite recovery, fewer Americans identify as middle class | Pew Research Center

Despite recovery, fewer Americans identify as middle class | Pew Research Center:

'The nationally representative survey of 1,504 adults conducted Jan. 15-19 found that the share of Americans who identify with the middle class has never been lower, dropping to 44% in the latest survey from 53% in 2008 during the first months of the Great Recession.

At the same time, the share of the public who says they are in the lower or lower-middle classes rose by 15 percentage points, from 25% in 2008 to 40% today."

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Much of this change has taken place in the last two years.  One would expect a political backlash aimed at changing the rules of the bipartisan Reaganomics system that is so flagrantly rigged in favor of the rich at the expense of the middle class. But instead we see people obsessed with sports, celebrities, guns, and bizarre conspiracy theories. Young people are getting savaged by this economy: "In 2008, a quarter of all young adults identified as being in the lower or lower-middle class; today about twice as many do (49%), a 24-point increase."  And those who venture into college are being placed in lifelong debt servitude. But just wait--on election day in November they will stay home in droves.

A deep divide over new condo foreclosure bill - chicagotribune.com

A deep divide over new condo foreclosure bill - chicagotribune.com:

"The Illinois Condominium Property Act allows associations, in case of a judicial foreclosure sale, to recoup up to six months of unpaid common expenses from the next owner of the unit.

These expenses may include special assessments, late fees, fines and attorney fees. Lenders are exempt from making this payment.

The bill would amend the condo act by capping an association's claim to nine months of regular assessments. Attorney and court costs can be recovered as long as the total doesn't exceed the cap.

The Illinois Association of Realtors, which supports the legislation, said the current law is an affordability barrier for buyers.

The extra costs, which can reach several thousand dollars, typically cannot be financed. Buyers often are stunned to discover at closing that they owe sizable sums."

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So under the proposed law, which is sitting on Governor Quinn's desk awaiting signature or veto, the association could receive an amount equal to nine months of back assessments instead of six months, but the tradeoff is that the maximum amount would include the attorney fees and other charges that are always tacked onto the association's claim against the owner.  Realtors are in favor of the bill, saying, "We think the way the current law is written has fostered an atmosphere that has allowed outrageous attorney fees to run up and for associations to throw in anything having to do with the prior owner just because they knew they could stick the buyer with it."  But association attorneys are not happy with having their meal ticket trimmed.

The Twin Insurgency - The American Interest

The Twin Insurgency - The American Interest:

"Rights within such spaces accrue to dollars rather than to citizenship. The vision of the future here is of a global archipelago of what Evan McKenzie has called “privatopias”, essentially gated enclaves linked by air and internet to other such spaces, protected by high ramparts from the roiling dystopian ocean of the hoi polloi."

Housing dispute leaves 97-year-old man homeless

Housing dispute leaves 97-year-old man homeless:

"Each morning, a variety of men and women pass through the doors of Napa’s Hope Resource Center in search for a place in a local homeless shelter that night. On Wednesday morning, one visitor looked no more or less weathered or beaten-down than the others – only more diminutive and older, decades older.

James Farrell arrived at 8:30 a.m., his 5-foot-tall frame arm in arm with a woman who had helped him find an interim place to sleep since a dispute with management cost the ukulele-playing 97-year-old his place at a local retirement home."

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Redwood Retirement Center in Napa, CA, evicted this veteran of three wars. Apparently they didn't appreciate his singing and ukelele playing, and they said his room wasn't clean enough.