Wednesday, April 04, 2018

Civil Process Service Rules in Gated Communities - EIN News

Civil Process Service Rules in Gated Communities - EIN News: "California Code of Civil Procedure § 415.21 provides:

(a) Notwithstanding any other law, any person shall be granted access to a gated community for a reasonable period of time for the sole purpose of per-forming lawful service of process or service of a subpoena upon displaying a current driver’s license or other identification, and one of the following:

1) A badge or other confirmation that the individual is acting in his or her capacity as a representative of a county sheriff or marshal, or as an investigator employed by an office of the Attorney General, a county counsel, a city attorney, a district attorney, or a public defender; (OR)

2) Evidence of current registration as a process server."

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So they can run, but they can't hide.

Summerville HOA and others sued for breach of contract | WCBD

Summerville HOA and others sued for breach of contract | WCBD: "SUMMERVILLE, S.C. (WCBD) - A Summerville subdivision homeowners association, along with others, has been sued for breach of contract and other claims.

​In a lawsuit that was filed on March 20 in the Dorchester County Court of Common Pleas, Halcyon Real Estate Services owner David Peterson claims that the White Gables neighborhood homeowners association broke a new contract for landscaping and a contract for property management for the neighborhood. It then alleges that the contract was given back to its former manager, Community Management Group.

There are also claims of harassment, stalking, libel and slander against Peterson"

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Another nasty HOA lawsuit.

Homeowner trying to grow bluebonnets is frustrated with HOA fines

Homeowner trying to grow bluebonnets is frustrated with HOA fines:

The story goes into careful detail about this saga.

Tuesday, April 03, 2018

Franklin veteran fighting HOA to keep flag outside his home - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX

Franklin veteran fighting HOA to keep flag outside his home - Cincinnati News, Weather, Sports from FOX19 NOW-WXIX: "FRANKLIN, OH (FOX19) -
A Franklin veteran feels his patriotism is under attack after his homeowner's association asked him to take down the flag in front of his home.

Wayne Marchant feels a sense of pride every time he walks past the American flag.

"I feel good about it," said Marchant.

On Friday, though, he says he was disgusted when he got a letter in the mail from the Manager of the Renaissance Homeowner's Association stating that the flagpole is a violation of the community rules.

"They have HOA members that periodically drive through the neighborhood looking for anything that might be a violation of the HOA rules. They noticed that in their words 'the flagpole had been erected in our front yard,'" said Marchant.

The letter says the flagpole needs to be removed or modified. He's not sure what the modification would be, but he says this flag has been outside of his home for the past eight years. It was a gift from his wife."

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It's interesting that nearly all these situations involve the HOA saying the flagpole is the problem, but the media always say that they are making the owner take down the flag. Flag is one thing. Flagpole is another.

Homeowner fights HOA over religious statue removal request

Homeowner fights HOA over religious statue removal request: "RIO RANCHO, N.M. (KRQE) - Is a homeowners association limiting religious expression in the front yard of a Rio Rancho man's home?

One neighbor is asking that question after he was recently told by a homeowners association to remove a statue of a Catholic saint from his yard, years after he says he was given permission to put it up.

The man who owns the home, Bill Maldonado, says his small, roughly two foot tall Our Lady of Guadalupe statue has been in his front yard for nearly a decade.

But just last week, right before Easter, Maldonado says his Hidden Valley Homeowners Association told him he had two weeks to remove the statue.

Maldonado called it upsetting.

I was not very happy when I received the letter," said Maldonado. "And to make things even worse, it's Holy Thursday of Holy Week."

In their letter, Hidden Valley Homeowners Association called the unmounted statue an "Architectural Control" change, writing "statue not approved.""

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He says he has "my right for religious expression," and that it has been there since 2009.

Sunday, April 01, 2018

California Has a Controversial Plan to Solve Its Housing Crisis. Drivers Aren’t Going to Like It. – Mother Jones

California Has a Controversial Plan to Solve Its Housing Crisis. Drivers Aren’t Going to Like It. – Mother Jones: "SB 827 would allow developers to bypass nearly all local zoning requirements within a half mile of a major transit stop, and build multi-family housing between four to eight stories high with no parking space requirements. (The state defines transit stops as a rail, ferry, or bus stop with two or more lines that run at least every 15 minutes.) “California is in a deep housing crisis—threatening our state’s environment, economy, diversity, and quality of life—and needs an enormous amount of additional housing at all income levels,” bill sponsor and California Democratic Sen. Scott Wiener said in a Medium post. Wiener believes that the legislation will promote the construction of more housing; bring down housing costs by increasing supply; and create communities that emit a smaller carbon footprint by relying less on cars. Transportation makes up roughly a quarter of the nation’s greenhouse gas emissions and 39 percent of California’s."

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The idea is to do something about the insane cost of housing and the housing shortage in California while dealing with the environmental issues. The solution: let builders do whatever they want as long as it is within half a mile of a public transportation stop.

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Saturday, March 31, 2018

Scott Pruitt’s $50-per-night condo looks really bad - The Washington Post

Scott Pruitt’s $50-per-night condo looks really bad - The Washington Post:

It just gets worse and worse. He was renting by the night at a ridiculous rate of $50 per night, and his benefactor is a lobbyist for the industries Pruitt is supposedly regulating. If Obama had appointed anybody who did this, that appointee would already have been fired or impeached.

Friday, March 30, 2018

EXCLUSIVE: Pruitt's EPA security broke down door to lobbyist condo - ABC News

EXCLUSIVE: Pruitt's EPA security broke down door to lobbyist condo - ABC News: "ABC News first reported Thursday that Pruitt had lived in the condo in 2017, during his first six months in Washington. The condo is in a prime location – less than a block from the U.S. Capitol complex – and other apartments in the building complex have rented for as much as $5,000-a-month, according to a source familiar with a neighboring lease.

The EPA allowed Bloomberg News to review copies of canceled checks that Pruitt paid to the condo owner. The news outlet reported that the checks show varying amounts paid on sporadic dates -- not a traditional monthly "rent payment" of the same amount each month, according to Bloomberg. In all, Pruitt paid $6,100 over six months to the limited liability corporation for the Capitol Hill condo co-owned by Vicki Hart, whose husband J. Steven Hart is chairman of a top D.C. lobbying firm and who is registered to lobby for several major environmental and energy concerns."


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Pruitt runs the Environmental Protection Agency, which he has hated for his entire professional career. He has been living in a luxury condo co-owned by the wife of an energy industry lobbyist. He has paid a total of $6100 in rent over six months. Market rate rent for six months would have been more like $30,000. I wonder what Trump voters who wanted to "drain the swamp" think of this. Probably fine with it.

Monday, March 26, 2018

Privatization is really a plan to dismantle Social Security

Privatization is really a plan to dismantle Social Security:



Of course it is. Many privatization plans are just ways of taking assets that were built, maintained, and paid for by the public, through tax dollars, and handing them over to private business corporations. Schemes like that are just legalized theft of public assets.

Santorum: Instead of calling for gun laws, kids should take CPR classes - CNNPolitics

Santorum: Instead of calling for gun laws, kids should take CPR classes - CNNPolitics:



"How about kids instead of looking to someone else to solve their problem, do something about maybe taking CPR classes or trying to deal with situations that when there is a violent shooter that you can actually respond to that," Santorum said. A former US Senator (R-Pennsylvania) says that ordinary people should not use collective action to pressure the government to change the laws and solve collective problems. Let that sink in, because this is what his party is all about these days. The government is there to do the bidding of the rich and powerful, who are exquisitely organized for that purpose. Ordinary people should stay out of politics and focus on their private lives. Never mind that their private lives are profoundly affected by the collective action of the rich and powerful.

Saturday, March 24, 2018

Lamplight Village, update

Remember the HOA in Las Vegas, where a swing set collapsed and severely injured a 15 year old boy, and somehow a $2 million dollar demand was turned down, and then the jury returned was a $20 million dollar judgment against the HOA? The owners have been facing the spectre of paying something like $90,000 each to pay the excess judgment. But according to their Facebook page, all is well. And we know we can trust Facebook, right? :-)  So let's see what the newspapers have to say.

State will not ‘take over’ a condominium association or HOA

State will not ‘take over’ a condominium association or HOA: "Question: What is the legal standard for the state to intervene and take over an HOA? What is the procedure to initiate the state to investigate an HOA? —"

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The answer this attorney gives it basically, the state doesn't take over associations, but sometimes a court may appoint a receiver. The attorney mentions cases of fraud, but I think it is more often done if an association is falling apart and becoming nonfunctional, or if the BOD refuses to pay a court-ordered judgment.

Friday, March 23, 2018

Welcome to Zucktown. Where Everything Is Just Zucky. - The New York Times

Welcome to Zucktown. Where Everything Is Just Zucky. - The New York Times: "In just a few years, Facebook built a virtual community that linked more than two billion people, an achievement with few precedents. Now the social network is building a real community, the kind you can walk around. It is a project with many precedents in American history, quite a few of them cautionary tales about what happens when a powerful corporation takes control of civic life."

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Thanks to Fred Pilot for this link to the latest step in Facebook's efforts to take over the world. They've done a great job wrecking the entire concept of truth in our electoral system, so no doubt this community-builder stage in their world domination strategy will go equally well.

The Spread of 'Billionaire's Bay,' the Glut of Million-Dollar Homes Across San Francisco - CityLab

The Spread of 'Billionaire's Bay,' the Glut of Million-Dollar Homes Across San Francisco - CityLab: "Between 2012 and 2016, the percentage of $1 million+ homes in San Francisco grew a gobsmacking 37.8 percent, rising to represent 57.4 percent of the homes in the city.

In San Jose, 46.3 percent of homes now cost more than $1 million, an increase of 28.9 percent. And in Oakland, an astonishing 19.7 percent of homes hit seven figures in 2016, a growth of 14.5 percent since 2012. Oakland today boasts a higher percentage of $1 million+ homes than San Francisco did four years ago—a figure that ought to give Oakland residents pause."

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The California housing market has gone nuts, and nowhere is it crazier than in the San Francisco Bay area.

Washington D.C. Appellate Court Holds Foreclosure of Condominium Lien Extinguished First Mortgage Despite Condominium Association’s Representations to the Contrary - Lexology

Washington D.C. Appellate Court Holds Foreclosure of Condominium Lien Extinguished First Mortgage Despite Condominium Association’s Representations to the Contrary - Lexology: "The District of Columbia Court of Appeals recently held that a condominium’s foreclosure of a “super-priority” condominium lien extinguished an otherwise first-priority mortgage on the property, despite the fact that the association’s notice of sale and deed to the third-party purchaser stated that the sale was “subject to” the mortgage. See Liu v. U.S. Bank Nat’l Ass’n, 2018 WL 1095503 (D.C. Mar. 1, 2018)."

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This association superlien policy is controversial. In this case, I wonder if it will stand up to an appeal, because the association stated that the sale was "subject to" the first mortgage lien.

Thursday, March 22, 2018

Nursing Home No More: The New Trend Is Aging With Your Friends

Nursing Home No More: The New Trend Is Aging With Your Friends:

This is about cohousing for seniors, which is an interesting alternative to seniors communities designed and run by large-scale developers and other mass-produced housing for retired people.  Contrary to what the article says, cohousing is not a "new trend." It has been around in Europe and the US since the 1980s, but it has not caught on in this country. It involves common ownership, but the residents set it up themselves and make their own rules.  The problem seems to be that it takes a lot of work and capital, and so far there haven't been many people willing or able to do it. It is much easier to respond to an ad about The Villages in Florida and walk into a turnkey, corporate-designed, large-scale seniors-only community with golf courses and swimming pools everywhere.

Wednesday, March 21, 2018

St. Boniface Church Is Resurrected as a New Condo Development | Chicago magazine | April 2018

St. Boniface Church Is Resurrected as a New Condo Development | Chicago magazine | April 2018: "In a nod to the church’s charitable history, Northwestern Settlement, a social services agency, plans to move its offices into the new building. The nonprofit’s space will include four affordable housing units.

Skoulsky says that it’s still too early to give a price range for the units in the main part of the development, Skoulsky says, though he does concede that, given the size, “the prices may push the neighborhood.” (The average condo in Noble Square now goes for $511,000, according to Redfin.) Better hope you find some pennies from heaven scattered on the sidewalk."



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This is a historic church that has been closed for several years. It will reopen as a high-end condo development. It's nice that there will be a social services agency there, and four units that are "affordable," but it is another example of trends in the housing market since the crash of 2008, where developers are interested in building for the rich.


Monday, March 19, 2018

Completion of Preparatory Work on Gated Communities Legislation Anticipated by 2019/20 - Jamaica Information Service

Completion of Preparatory Work on Gated Communities Legislation Anticipated by 2019/20 - Jamaica Information Service: "The proposed Act aims to address issues associated with town houses and gated communities that are not currently covered by legislation.

They include non-payment of maintenance fees, dispute resolution, violation of by-laws and other communal living arrangements.

Noting that the Act could, arguably, represent the last major piece of legislation required to streamline the entire real estate sector into “good order”, Dr. Chang said the consultations were timely.

This, he pointed out, against the background that “we are going to see more and more town houses, gated communities and expanded apartment complexes; so we need the appropriate legislation to ensure that properties are properly maintained and developed”."




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In Jamaica, as in so many other places, common interest housing is the way the housing market is going.

Man says battle with Olathe HOA proves need for proposed KS law | The Kansas City Star

Man says battle with Olathe HOA proves need for proposed KS law | The Kansas City Star: "Scott Wircenske’s eight-year battle with his HOA started with a simple request.

The Parkhill Manor Homes Association had just awarded a property management contract to one of its own board members, and the Olathe homeowner wanted to know whether the job had been put out for a bid.

“This man had been on the board in 2008 and then all of a sudden in 2009 he becomes the property manager, and he’s also a homeowner,” Wircenske said. “It smelled really bad. I wanted to know, ‘How did we arrive at this? How did we pick him?’ And basically, the response has been, ‘Go away and mind your own business.’ ”"


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This is a familiar story. Unregulated private government is a fertile ground for conflicts like this.