Friday, April 22, 2016

Homeowners' Associations Could Face Liability for Bear Attacks | Lowndes, Drosdick, Doster, Kantor & Reed, P.A. - JDSupra

Homeowners' Associations Could Face Liability for Bear Attacks | Lowndes, Drosdick, Doster, Kantor & Reed, P.A. - JDSupra



I didn't know there were so many black bear sightings in Florida. I thought all they had were Burmese pythons, boa constrictors, alligators, piranha, walking catfish, and wild boar. Who knew they had anything normal that could kill you.

Michigan Lawsuit Shows U.S. Voters May Not Technically Have the Right to Elect Their Mayors - CityLab

Michigan Lawsuit Shows U.S. Voters May Not Technically Have the Right to Elect Their Mayors - CityLab

"Public Act 436 seeks to put local governments on better financial footing. It does this by appointing an [emergency manager] in jurisdictions where the Governor and State Treasurer have determined that the local government was experiencing a financial emergency. The Act does not take away a fundamental right to vote, because such a right has never been recognized by the courts."

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So said Federal District Court Judge George Steeh, in an order that is on appeal.



Most Americans view the right to vote as fundamental, as they understand that word. And they believe that self-government at the local level is a fundamental right that is at the core of popular sovereignty. But most Americans don't understand the constitution very well.  Listen to the utter nonsense that comes from "sovereign citizens," militia goons, property rights extremists, gun rights absolutists, Cliven Bundy, and a host of other fanatics, who come up with their own bizarre interpretations of a constitution that they don't remotely understand. For them, it means whatever makes them feel good.



The word "fundamental" has special meaning in the context of civil liberties jurisprudence. Some liberties and rights are viewed as being essential to constitutional governance, and laws that infringe on those liberties and rights are viewed with "strict scrutiny" by the courts.  When it comes to the right to vote, what is the scope of that right, and how "fundamental" is it?  In the context of the emergency manager law, is the right to vote merely the right to trot off to the polls and vote for people of your choice, or does the right to vote require that the people you vote for have the power to govern your community?  Because people in cities that had been taken over by governor-appointed emergency managers could still vote for city officials. It's just that the municipal officials they voted for no longer had any power to govern.



Related to this is Dillon's Rule, which is the old doctrine saying that local governments are just creatures of state law and state constitutions, with no constitutional right to exist except insofar as state law permits. Home rule statutes were a response to this principle, but ultimately those are just state laws, too, by which states delegate sovereignty to cities. That means state laws can take it away again.



To me, the right to vote is fundamental, and it should include the right to local self-determination. Operationalizing that can involve a lot of detailed issues, of course. But I don't like this emergency manager system, and I think the racism that underlies it is obvious. As the article explains, quoting a legal brief, there is a scoring system to determine whether to appoint an EM, and:  "...six out of seven communities (85%) with a majority population of racial and ethnic minorities received [emergency managers] when they had scores of 7. At the same time, none of the twelve communities (0%) with a majority white population received an EM despite having scores of 7 or higher."  




Thursday, April 21, 2016

Hidden Harbor Homeowner's Association President indicted | WTVC

Hidden Harbor Homeowner's Association President indicted | WTVC: "Detectives investigated an allegation that Markee, who was the President of the Hidden Harbor Home Owner's Association, had embezzled monies from the association. Detectives presented their findings to the Hamilton County Grand Jury who returned the indictment."



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As I keep saying, there needs to be more visibility and more oversight of condo and HOA financial activities.

KFOX14 Investigates: Residents continue battle with Oasis Ranch HOA | KFOX

KFOX14 Investigates: Residents continue battle with Oasis Ranch HOA | KFOX: "Some residents living in the Oasis Ranch neighborhood in east El Paso are continuing their protest against their Homeowner's Association board.

KFOX14Investigates reported last week some residents stopped paying their $20 monthly HOA fees, saying they're not getting the maintenance services they pay for.

Dana Properties, who manages the neighborhood, said the HOA can't do needed maintenance because they don't have the money since people have quit paying the fees."

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Not paying HOA assessments is always a risky tactic. You can find yourself facing a lien on your home that can be released only by paying the assessments plus thousands of dollars in attorney fees and penalties.

Family watches in horror as dog mauled to death in their own home - 680 NEWS

Family watches in horror as dog mauled to death in their own home - 680 NEWS: "Tuesday night his little Havanese named “April” was mauled to death on the floor of his condo by a neighbour’s pit bull that got loose in the hall and muscled its way through his front door...



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I have no idea why people want to own aggressive dogs.

Wednesday, April 20, 2016

Bloomfield neighborhood by-laws show outdated, racist language

http://www.wxyz.com/news/bloomfield-neighborhood-by-laws-show-ban-on-blacks?utm_content=bufferab45e&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

Here's another old HOA with a race restrictive covenant. These covenants are part of the hidden history of HOAs that nobody wants to remember. One of the main reasons HOAs started to spread in the years after WWI was the ability to ban anybody other than Caucasians from residential neighborhoods.

CAI TV Commercial on Vimeo

CAI TV Commercial on Vimeo:




Tuesday, April 19, 2016

Victoria homeowner horrified after tenant lists condo on AirBnB | CTV Vancouver Island News

Victoria homeowner horrified after tenant lists condo on AirBnB | CTV Vancouver Island News:



Cheeky of him.

CanLII - 2016 ONSC 2565 (CanLII)

CanLII - 2016 ONSC 2565 (CanLII): " This is an application for a declaration that the respondents have breached section 117 and 119 of The Condominium Act, 1998, SO 1998, Chapter 19 (the Act) by failing to permit the applicant to enter the respondent’s (Mr. Lu’s unit) to carry out repairs required as a result of flooding in the unit, and an order permitting the applicant to enter the unit as necessary to:

(a)         inspect the unit and common elements and determine the repairs required as a result of flooding in the unit, and;

(b)         to carry out the required repairs to the unit and common elements."



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Which it turns out the owner should not have done: " In the circumstances I find that the respondents should be responsible for costs in the amount of $12,000, payable immediately.

Monday, April 11, 2016

Goldman Sachs Agrees to Pay More than $5 Billion in Connection with Its Sale of Residential Mortgage Backed Securities | OPA | Department of Justice

Goldman Sachs Agrees to Pay More than $5 Billion in Connection with Its Sale of Residential Mortgage Backed Securities | OPA | Department of Justice: "“This resolution holds Goldman Sachs accountable for its serious misconduct in falsely assuring investors that securities it sold were backed by sound mortgages, when it knew that they were full of mortgages that were likely to fail,” said Acting Associate Attorney General Stuart F. Delery.  "



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But this is a civil case. What about throwing some of these crooks in jail? Here's an intriguing line from down in the press release: "“This resolution holds Goldman Sachs accountable for its serious misconduct in falsely assuring investors that securities it sold were backed by sound mortgages, when it knew that they were full of mortgages that were likely to fail,” said Acting Associate Attorney General Stuart F. Delery."

Saturday, April 02, 2016

EDITORIAL: Who leaked details in the HOA probe? | Las Vegas Review-Journal

EDITORIAL: Who leaked details in the HOA probe? | Las Vegas Review-Journal

This just reeks--we have a Nevada Supreme Court Justice named as a leaker, reports of Department of Justice personnel leaking to the conspirators, and a federal judge who sealed it all up at the request of...the Department of Justice. As the Review-Journal says:



"The public obviously has a greater interest in learning whether the employees of their federal justice department engaged in misconduct that could have affected a massive public corruption case than those same employees have in keeping their personal indiscretions secret. The public has a right to know if a thorough and competent investigation of alleged wrongdoing was conducted, and why no one was ever held accountable for the alleged leaks."

Homeowners want changes to HOA transfer fees - 7NEWS Denver TheDenverChannel.com

Homeowners want changes to HOA transfer fees - 7NEWS Denver TheDenverChannel.com

Ka-ching, ka-ching, goes the cash register at the property management firm.

Bill Text - AB-1799 Common interest developments: association governance: elections.

Bill Text - AB-1799 Common interest developments: association governance: elections.



Yesterday I had a long phone conversation with Marjorie Murray of the Center for California Homeowner Association Law.  She told me about a new Assembly bill that is now in committee.  California has detailed statutes regarding procedures that HOA and condos must adopt for elections, to ensure that they aren't rigged, including independent election inspectors, handling and preservation of ballots, recounts, etc.  This bill, AB 1799, would create an exemption from that law for uncontested elections. This is a problem.  For example, boards could disqualify potential challenger candidates by charging them with rule violations, and in effect manufacture an uncontested election, which they could then rig with impunity.  They can also just discourage challengers by other means--"hey, why are you costing us all money by running for the board?" In any event, allowing any HOA or condo elections to operate outside the law is a terrible idea. I suppose the idea is that it is a waste of money to have an inspector for an uncontested election. But I would want to know how many ballots were cast anyway, and I don't like the idea of creating an incentive for associations to save money by not having contested elections.



The bill is sponsored by the Republican leader in the Assembly, Chad Mayes. The California legislature is run by Democrats and Jerry Brown is the Governor, so I hope this thing gets killed in committee. But please don't hesitate to send emails to the Committee.



Here is the operative language:



"(f) Directors shall not be required to be elected pursuant to this article if the governing documents provide that one member from each separate interest is a director, or if the election of directors is uncontested. For purposes of this subdivision, an election is uncontested if the number of candidates for election does not exceed the number of directors to be elected at that election."



The bill is in the Housing and Community Development Committee and will be heard on April 13, Marjorie tells me.

Friday, April 01, 2016

As Water Infrastructure Crumbles, Many Cities Seek Private Help

As Water Infrastructure Crumbles, Many Cities Seek Private Help

"More than 2,000 municipalities have entered public-private partnerships for all or part of their water supply systems, according to the National Association of Water Companies, which represents private water companies like Veolia North America and American Water. Partner municipalities include San Antonio; Akron, Ohio; and Washington, D.C. Miami-Dade County is considering partnerships for three water facilities, including one built in 1924. And Wichita, Kansas, is starting to study the issue."

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The problem is that voters don't want to pay taxes to maintain existing infrastructure. They can be more easily persuaded to approve bonds and borrow to build something new than to maintain what they already have. When it comes to boring old maintenance, they don't want to approve the borrowing and spending. So municipal infrastructure is in serious decline in this country, to the tune of at least $3.6 trillion needed by 2020. But of course people want top quality infrastructure--clean water, safe bridges and dams, smooth roads and highways--they just don't want to pay for it. And this is where PPPs (private-public partnerships) and investment banks come into the equation.  It's another way to say "privatization." And the record of bad, bad deals in the name of these complex arrangements is quite impressive.  There's always some cool way of financing the whole thing--investment banks, sovereign wealth funds, private equity firms, vendors, concessionaires, derivatives, interest rate swaps... The deals usually get negotiated in secret by the city mayor or chief executive of the county, then fast-tracked through city councils or county boards without sufficient study or any right to change it--up or down, now, or it's off--and foisted off on the public as brilliant ways to get something for nothing. Ask the people of Jefferson County, Alabama.  They got taken to the cleaners so badly using interest rate swaps to pay for a new sewer system that the county had to go bankrupt. J. P. Morgan took care of everything, don't you know.

Thursday, March 31, 2016

Donald Trump Made Up Stuff 71 Times In An Hour

Donald Trump Made Up Stuff 71 Times In An Hour:

"On Wednesday, The Huffington Post assigned five and a half reporters to look into a roughly 12,000-word transcript of Trump’s town hall event on CNN the night before. It took us hours, but in all, we found 71 separate instances in which Trump made a claim that was either inaccurate, misleading or deeply questionable. That’s basically one falsehood every 169 words (counting the words uttered by moderator Anderson Cooper), or 1.16 falsehoods every minute (the town hall lasted an hour, including commercial breaks)."



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Of course, this means nothing to his followers.

Larry J. Sabato's Crystal Ball » The Electoral College: The Only Thing That Matters

Larry J. Sabato's Crystal Ball » The Electoral College: The Only Thing That Matters:



Larry Sabato is the just about the best at this prediction business, and he has a Clinton-Trump matchup turning into a route: Clinton 347 electoral votes, Trump 191. Trump is toxic for the Republican Party, which is why they are trying to derail him in Wisconsin. With the RNC chair and the Speaker of the House both being from Wisconsin, with Trump's goon campaign manager being brought up on battery charges, and with Trump saying he wants to jail women who have abortions, it seems likely that he will lose Wisconsin. But we shall see what the voters have to say.




14 Million Americans Live in Extremely Poor Neighborhoods | FOX40

14 Million Americans Live in Extremely Poor Neighborhoods | FOX40:

"Suburban neighborhoods fell into deep poverty at more than double the rate of cities, according to Brookings. Almost three times as many people lived in concentrated suburban poverty in 2010-14 than in 2000. Also, a growing number of suburban neighborhoods are on the cusp of extreme poverty.

Lower income Americans have been flocking to the suburbs in recent years, following the jobs in construction, retail and restaurants that relocated there. But the suburbs lack the transportation, social services and affordable housing to help lift poor residents up the income ladder, Kneebone said. And those who lose their jobs become stuck in poverty there."




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Thanks to Fred Pilot for this link. Being poor is hard, but being poor and living in a neighborhood of concentrated poverty is much worse. And non-whites who are poor tend to be concentrated in poor neighborhoods:  "Whites make up 44 percent of the nation’s poor, but account for just 18 percent of the poor people living in concentrated poverty. Poor blacks are almost five times as likely to live in extremely poor neighborhoods as whites, and poor Hispanics are more than three times as likely."  Poor people have been "flocking to the suburbs" for several decades, moving to small municipalities where there is little or no government of non-profit support structure for poor people. This has created crisis conditions in a number of places here in the Chicago, including south-of-Chicago suburbs  such as Harvey, Dolton, Markham, and a number of others.

Driverless Taxi Pods to Come to Gurgaon, An Indian City Run by Private Industry - CityLab

Driverless Taxi Pods to Come to Gurgaon, An Indian City Run by Private Industry - CityLab

Libertarians are excited about this city because it grew like crazy and has virtually no government or public infrastructure, and no regulation--Privatopia, in other words. Unfortunately, it is an environmental hellhole, and that's only the beginning.  If you are rich and living in a luxury skyscraper, I guess life is pretty sweet. But if you are poor, not so much.

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"Gurgaon may be a bustling metropolis, but it lacks infrastructure, which means there’s no citywide system for water, electricity, or sewage. Private companies handle those, the economists write: Trucks that haul away waste dump it on public land, tap water is often delivered by private trucks, and reliable electricity often comes from diesel generators that pollute the environment."

Wednesday, March 30, 2016

Urban Revival? Not For Most Americans | Jed Kolko

Urban Revival? Not For Most Americans | Jed Kolko:

"In recent years, numerous studies and media reports have documented that college-educated young adults have been drawn to urban centers. At times some have claimed a broader demographic reversal in which cities grow faster than suburbs, and even the end of the suburbs.

But, in fact, the U.S. continues to suburbanize. The share of Americans living in urban neighborhoods dropped by 7%, from 21.7% in 2000 to 20.1% in 2014. Even looking at only the densest urban neighborhoods where about one-third of the urban population lives, the share of Americans living in these neighborhoods fell by 5%, from 7.4% in 2000 to 7.0% in 2014. (See note at end of post for details on data, methodology, and definitions.) Headlines about educated young adults flocking to Brooklyn and San Francisco aren’t wrong – but they are far from the whole story and are unrepresentative of broader trends. Other demographic groups are suburbanizing faster than the young and rich are piling in to cities.

This post looks at the change in urban living for detailed demographic groups, using individual-level data from the Census. The findings are consistent with analyses of the most recent county data and of detailed neighborhood data, both of which confirm that the American population overall continues to suburbanize. What’s new is that individual-level data show us how skewed the urban revival is toward rich, young, educated Whites without school-age kids."




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That whole "middle class returning to the city" thing kind of flopped.  Young rich people are doing it, but when they have kids it is off to the suburbs even for them. The people who predicted the end of the suburbs couldn't have been more wrong.

Monday, March 28, 2016

Crack down on condo association abuses | Miami Herald

Crack down on condo association abuses | Miami Herald

This is unintentionally hilarious. They "revealed" this in the sense that Columbus "discovered" America. In both cases, there were a lot of people there ahead of them.



"Allegations of fraud by condominium associations in South Florida is nothing new, but the latest case to come to light is shocking in its scope. And it reveals something else: That investigation into such abuses by local authorities is too infrequent, and many condo residents are left frustrated without the help of the agencies created to protect them."