Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, April 11, 2015
WTVC NewsChannel 9 :: News - Top Stories - Utah Homeowner Asked To Remove US Navy Flag From Home
Lucia Sandoval says she put the flag up to remember her husband, who is currently deployed with the U.S Navy. But shortly after the flag went up, she received a notice stating it was out of conformity with neighborhood standards.
"In a recent review of the community, it was brought to our attention that you may not be aware of one or more of the rules for the community," the letter from the HOA reads. "Your front yard had a flag displayed not in accordance with the accepted standards. Please remove the flag ASAP."
In the letter, the HOA cites community guidelines, which read, "Flags and flagpoles shall be uniformly placed and consistent in size and shape and shall not interfere with on site utilities."
Sandoval says she didn't understand how her flag violated any of those policies and is refusing to take it down.
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Another flag flap, this one in the Utah sector of Privatopia. Film at 10 on WTVC Channel 9.
Friday, April 10, 2015
The town fascism built
"Nestled in eastern Long Island is a sleepy little town called Yaphank where the streets have cozy names like Oak and Park, names that hide a dark past: they once bore signs like Hitler and Goebbels Streets.Yaphank, in the 1930s, appeared as a haven for Americans--most of them of German heritage--who sympathized with the causes of the Third Reich.
In fact, it was largely founded as a Nazi camp, one of several scattered across the U.S., where the children in the German American Bund (AKA American Nazis) could fish, swim, hunt and learn about things like eugenics."
Read more: http://www.dailymail.co.uk/news/article-3033153/The-town-fascism-built-Inside-New-York-hamlet-home-pro-Nazi-camp-street-named-Hitler.html#ixzz3Wtt5bosL
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Thursday, April 09, 2015
Robert Meisner Says Condo/Homeowners Associations Beware: The Michigan Legislature Has Dealt You a Severe Blow
http://www.prnewswire.com/news-releases/robert-meisner-says-condohomeowners-associations-beware-the-michigan-legislature-has-dealt-you-a-severe-blow-300056151.html
update: and here is another attorney's summary of the changes.
Wednesday, April 08, 2015
HOA wins--developer has to pay the electric bill
Collier Circuit Judge Hugh Hayes ruled that Glen Eagle, the development’s master association, must pay Lago Villaggio Homeowners Association $18,000, with 4.75 percent interest from March 18, 2014, and reimburse the HOA for its lawyer’s fees."
Monday, April 06, 2015
Judge rules owners can begin trying to take back property from receiver
Thanks to Ward Lucas for this link. Across the nation, failing condo projects have been placed in the hands of court appointed receivers who are supposed to make good decisions to get the projects back on their feet, if possible. Here is one story of a situation where the receiver and the owners are in major conflict, with allegations that the receiver isn't doing his job.
The Fossum Files--don't miss this!
And here is a brief summary of her detailed empirical analysis---
"This is an analysis of the unforeseen consequences of the City of Alexandria, Virginia privatizing many services that it has traditionally provided to its homeowners. Alexandria was first settled in the mid-1700s and over the years has been home to the likes of George Washington, Robert E. Lee, Richard Nixon, Gerald Ford, and Jim Morrison, lead singer of The Doors. Today, after three major annexations of land in 1915, 1930, and 1952, Alexandria now occupies 15.6 square miles directly across the Potomac River from the District of Columbia and is home to an estimated 142,000 people, making it one of the more densely populated cities in the United States.1 On a functional basis, however, Alexandria today is two separate “cities” of relatively equal physical size and population that differ markedly in community structure and political influence. In one of these “cities,” the average homeowner pays their taxes and receives all their services from City Hall. In the other “city,” the average homeowner pays their taxes, but receives only some of their services from City Hall."
Here are two links to the page, in case one doesn't work:
http://fossumfiles.org
Sunday, April 05, 2015
"Condos on the road back"
http://www.heraldtribune.com/article/20150404/article/150409874?p=1&tc=pg
Thursday, April 02, 2015
Nevada state legislator proposes to repeal all HOA and condo laws
http://www.scrippsmedia.com/ktnv/news/Nevada-lawmakers-aim-to-delegate-HOA-disputes-to-lower-level-298479291.html
You can read up on Hansen at Wikipedia. He's a piece of work. Former right wing radio talk show host and columnist. Here's a taste:
"In his columns, Hansen has written that the Oklahoma City bombing was a false flag operation orchestrated by the administration of President Clinton, that women do not belong in the United States Armed Forces, that President Obama is a "negro", that he owns and flies a Confederate battle flag, that gays are disproportionally prone to engaging in child abuse, that a "grossly disproportionate" number of crimes are committed by Latinos, and that the relationship between "Negroes and Democrats" is that of a "master-slave relationship with the benevolent master knowing what’s best for his simple minded darkies."
Wednesday, April 01, 2015
Mandatory water restrictions for California
http://www.cnn.com/2015/04/01/us/california-water-restrictions-drought/
Monday, March 30, 2015
Drones present opportunity, challenge for community associations - Chicago Tribune
Drones in the hands of condo and HOA boards? What could possibly go wrong?
"In the not-too-distant future, community associations could launch camera-equipped, unmanned aerial vehicles, also known as drones, for many routine tasks. They will be able to examine buildings for leaks and damage, check on the performances of contractors and find illegal barbecue grills on upper balconies."
TEPCO not paying for Fukushima cleanup
Saturday, March 28, 2015
Homeowners face HOA fines for children playing in driveway and on sidewalk
"Some Chula Vista homeowners contacted Team 10, furious that their homeowners association is fining them if their children are caught playing outside on the driveway or sidewalk. Under the Agave and Saguaro HOA's rules, there are no wheeled toys -- including, but not limited to, bicycles, scooters, rollerblades, skateboards or roller skates -- allowed to be ridden in the HOA's common areas. Common areas include driveways, sidewalks and streets in the complex. According to the property manager, it's for safety reasons, but resident Karen Deviolini said, "You're fined because you live in a place where kids can't be kids."
http://www.10news.com/news/investigations/chula-vista-homeowners-face-hoa-fines-for-children-playing-on-driveway-sidewalk
Thursday, March 26, 2015
Is suburban sprawl stifling the US economy?
http://www.vox.com/2015/3/26/8291889/suburban-sprawl-economy
What is the most private city in the world?
"The word “private” is derived from the ancient Greek word idiotes, which means somebody who does not participate in public life. In ancient Greece, private life was confined to the home; the public, democratic life of citizens took place in the polis or city, and in the agora or assembly. The contemporary gated community, which focuses on privatising the experience of home as much as possible, fits well within this classical definition of private. There are literally millions of people living in gated communities: they have become the model of choice in the many societies around the world that are subject to extreme wealth inequalities."
http://www.theguardian.com/cities/2015/mar/26/what-most-private-city-world
How Wall Street used swaps to get rich at the expense of cities
http://www.nakedcapitalism.com/2015/03/getting-rich-expense-cities.html#comments
And for the worst case scenario, consider Jefferson County, Alabama. After a series of swaps orchestrated by J. P. Morgan to pay for a new sewer system, they went bankrupt. Until Detroit, it was the largest local government bankruptcy in US history.
Wednesday, March 25, 2015
Condo requiring DNA samples of all pets so they can test their poop!
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Actually this nonsense has been going on for some time. Obviously people should clean up after their dogs, but somehow in my HOA-free neighborhood everybody nearly always does. Now there are companies peddling this silly service and of course all the costs end up falling on the owner of the miscreant dog. Increasingly life for the American middle class is one boondoggle after another--red light cameras, usurious loans, grifting cable TV companies, fake calls threatening IRS suits, and of course chiseling condo associations and HOAs.
http://www.mrctv.org/blog/apartment-building-require-dna-samples-all-pets#tmhmdj:pDFL
Sunday, March 22, 2015
Garden City movement aims at accreditation
http://sustainablecitiescollective.com/david-thorpe/1057256/new-alliance-aims-set-accreditation-standards-garden-cities?utm_source=hootsuite&utm_medium=twitter&utm_campaign=hootsuite_tweets
Wednesday, March 18, 2015
Colorado Lawmakers Debate Construction Defects Bill CBS Denver
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The quest for the waterproof condo continues. Hint: solutions aren't likely to be found in state legislatures.
4 found guilty in Las Vegas homeowner association fraud trial - www.ktnv.com
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Breaking news in Las Vegas HOA corruption scandal. Film and perp walk at 10. Cuff 'em, Danno.