Friday, April 01, 2005

Garden Gnome Liberation Front strikes again
Lyon - About 100 garden gnomes were "liberated" from front gardens in the French city of Lyon and placed in a park next to a motorway, police officials reported on Thursday. "They were all standing there with their faces to the motorway, watching the traffic speed past," a police statement said.

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I suspect a renegade HOA president.
Thoughts after taping CNN "Open House"
The show will be broadcast on Saturday, 4/2 at 9:30 eastern time. What does that mean in other time zones? I don't know. This was "taped live," which means the show is taped in its entirety and then broadcast later without editing. I guess they can show it at any time they want, in any time zone.

There are three sections. The first is on whether there is a housing price "bubble," and it is a provocative one that I want to listen to again. (I say listen because I was in a different city--Chicago-- listening through an earpiece. The hose, Gerri Willis, was in New York. I don't know where the two guests were.) The HOA segment is second. It starts with a horror story, then a comment from (if I recognized the voice correctly) Frank Rathbun of CAI, and then they go to me for the rest of the segment. I thought Gerri Willis did a good job of moving it along, but I wish we had more time (the college professor's eternal lament, I know, I know).

I think business shows like this are pitched at a higher intellectual level than any other television except PBS documentaries. The normal TV approach is "Are HOAs GOOD OR BAD, professor???!!!" Here we got a chance to talk about the pros and cons a little.

Thursday, March 31, 2005

SignOnSanDiego.com > News > State -- Bill to ban foreclosures for small debts clears key Senate panel
Major California HOA reform bill, SB 551, includes ombudsperson
Here's the .pdf version. It will be big news if California goes the way Nevada and Florida already have. And if foreclosure reform passes as well, this will be the second huge year in a row for HOA reform legislation.
CNN "Open House" show on HOAs to air on Saturday at 9:30 am Eastern
I'm about to head over to a studio to be interviewed by CNN for this. Don't miss it. The link to CNN's Open House program web site is:
http://money.cnn.com/ontv/openhouse/
Law loses its way
Every HOA activist on Planet Earth has sent me a link to this article so here it is for all to read. A retired judge denounces the legal system and the legal profession.

Monday, March 28, 2005

Two bills divide homeowner, condo groups on foreclosures and state regulation
Fred Pilot found this good article that lays out the upcoming legislative battle in Florida. High stakes all around...

Two statewide organizations will duke it out on Wednesday in Tallahassee over the laws that affect millions of Floridians who live in association-run communities. The sides disagree on two bills that would ban boards from foreclosing on owners who owe less than $2,500 (SB 2632), and would require mandatory training for board members, mandatory audits of association books, and state regulation of homeowner association boards (HB 1229).

Sunday, March 27, 2005

BUILDER Online: The top 100 builders

It's interesting to note that all these folks talk about is how many housing units they sold and how much revenue they generated. They never have much to say about the consequences of all the private governments they are creating along with the homes they build. I guess that's what economists call an "externality" to them--something they don't consider as part of their cost-benefit equation.
CNN.com - Exurb growth challenges U.S. cities - Mar 27, 2005
University of Denver geography professor Paul Sutton opines on growth of the exurbs:


The West is the fastest-growing region of the country, according to the U.S. Census Bureau, and Colorado's population grew by about 30 percent from 1990 to 2000.

Sutton said he believes urban growth everywhere is happening even faster than people realize.

Using satellite photos of nighttime lights to measure sprawl, he has concluded that his family, and a third of all Americans, are living in "exurbia" -- places just beyond the suburbs where the country looks like country again, beyond the limits of most studies of urban growth.

"I think a lot of the old ideas of suburban living are now in exurbia," Sutton said. "There is a natural environment; kids are not going to get run over by a bus. "I don't lock my house," Sutton said. "There's no crime." So people live better for less money, a little farther away. Why does that matter? First, Sutton said, because fire and police protection, school bus routes, water lines, phone service and electricity must be available for such homes -- all of which is costly. Second, he said, many who live in exurbia still work in cities, adding to traffic and pollution, and demanding services there, rather than forming independent small towns with self-sustaining economies. In effect, cities get stuck paying bills run up by people who live in the exurbs.





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He makes some good points, but nothing in the article explains that in the West and practically everywhere else where this rapid growth is occurring, CIDs are the low-cost way that municipalities grow. I think the "cities get stuck paying bills" for the exurbs line, which is now a staple of Democratic Party rhetoric, is questionable. You need to add up all the taxes and assessments exurbanites pay to all levels of public and private government, not just the ones that go to municipalities.
Journal Gazette | 03/27/2005 | Suckers for sociopaths can learn avoidance
Every homeowner needs to be able to tell if any of the neighbors are sociopaths, don't you think?

The person living next door to you may look normal but could actually be about as benign as a pod person in “Invasion of the Body Snatchers,” so you had better avoid him or risk having your life ruined. That is the intriguing core of Martha Stout’s “The Sociopath Next Door,” a self-help guide to the detection and avoidance of sociopaths?– or people without consciences.

Gated community update: Many Germans want Berlin Wall back
BERLIN (Reuters) - Nearly a quarter of western Germans and 12 percent of easterners want the Berlin Wall back -- more than 15 years after the fall of the barrier that split Germany during the Cold War, according to a survey.

Your tax dollars at work: House OKs $37 million for Wal-Mart H.Q. road
BENTONVILLE, Ark. - The U.S. House has approved a federal highway bill that includes $37 million for widening and extending the Bentonville street that provides the main access to the headquarters of Wal-Mart Stores Inc.The company says it asked U.S. Rep. John Boozman, R-Ark., to help get federal money for the proposed project. U.S. Rep. Don Young, R-Alaska, added an amendment that put the work into the $284 billion bill, which is now before the Senate.
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I guess Wal-Mart didn't have enough money to pay for this itself, so the taxpayers will have to do it. I mean, with all that surplus money lying around in the US Treasury that nobody needs, why not shovel $37 million in the direction of one of the world's largest and most profitable corporations?

Saturday, March 26, 2005

Ridgeland may enforce neighborhood standards - The Clarion-Ledger
Fred Pilot found this piece about a city that is doing the bidding of HOA residents by becoming more like an HOA...

Parking your car in the front yard or encircling your back yard with cyclone fencing may become taboo in Ridgeland. And forget about plastering the front of your home with a mural or placing that portable wading pool in your front yard. The city of Ridgeland is considering creating overlay districts to preserve and protect its neighborhoods from these and other types of perceived offenses. If approved, the ordinance would offer a "laundry list" of items to be addressed in what will be called Neighborhood Preservation Overlay Districts. The ordinance will govern issues like parked vehicles, including recreational vehicles, fence sizes and types, house paint and shingle types. The Wheatley Ridge Neighborhood Association, comprised of Greenbrook, Brookfield, Squirrel Hill and Wheatley Place, championed the proposed ordinance after learning that covenants in their neighborhoods had expired, said Ward 3 Alderman Mike Crook, who lives in the Greenbrook subdivision.

Friday, March 25, 2005

BBC NEWS | UK | England | Merseyside | Asbo family banned from borough
Take a look at these mug shots and see if you want them for neighbors. I think they are looking for a new place to live...and how about this "anti-social behavior order"? I can think of some HOAs that would love to have that power.

A family of five have been banned from harassing anyone in England and Wales and also banned from their home borough of Wirral. A court was told the Bridge family's neighbours in Grosvenor Road, New Brighton, had "lived in fear" of them. District Judge Nick Sanders issued the anti-social behaviour order on Thursday at Birkenhead Magistrates Court.

Township hiring is a family affair
While I'm on the topic of dysfunctional local government...

When Wayne Township Trustee Dan Gammon needed someone to manage the township's firefighter training center, he didn't recruit statewide or even take out a classified ad. He awarded a $30,000 contract to his wife. And when Decatur Township Assessor Charles Coleman filled his eight-person office, he didn't look far. His staff includes his wife, son and daughter -- and he pays them a total of more than $143,000 a year. A review of the hiring practices of Marion County's nine townships by The Indianapolis Star revealed that elected trustees and assessors have relied heavily on their family members as employees and contractors.
"Best Living Argument for Privatization Award" goes to...

Sheriff Myron E. Freeman said Thursday that he expects to ask the Fulton County Commission for more money to provide security at the county's courthouse and jail.

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This is the brain-truster who delegated a 51 year old, five-foot-tall, grandmother to escort rapist/murderer Brian Nichols to court, all by herself. Here's another great line from the "sheriff":"You can't discriminate based on gender," Freeman said. "A deputy sheriff is a deputy sheriff."

No. You can't. But that isn't the point. The point is that this mini-deputy, alone, obviously was not physically capable of restraining the 200 pound defendant if he decided to resist while his hands were free. Which is what he did, leading to four deaths and injuries to others. And the point is also that the judge and prosecutor had already requested extra security because Nichols had been caught trying to smuggle two shanks into the courtroom in his shoes. And the sheriff's response is that he didn't do anything wrong. Just give us more money.

This is why people give up on government and decide that privatization, with virtual secession from the public realm, is the only way to live a sane existence. Public officials like this are just walking, talking ads for privatization.



South O.C. Community Has Rabbits in Its Sights: The Mission Viejo City Council has given permission for one gated community to have rabbits shot on sight.

Happy Easter, Bugs.
Legal Affairs: Home Is Where the Heart Is*
*Provided your dog's weight does not exceed 30 pounds, your shutters are painted a tasteful hue, and your lawn is in accordance with the standards mandated by the architectural-control committee


This is Ross Guberman's excellent article on HOAs. I don't think I linked to this when it first came out.
10 Things a Homeowners Association Won't Tell You
Here's a blast from the past--still a good piece that bears reading.
Appeals court: Marine can't be forced to sell Jupiter home in flag flap: South Florida Sun-Sentinel
>
Times Community Newspapers - Top Stories - 03/22/2005 - HOAs turn to private security, request more deputies
As the Sheriff's Office struggles to keep up with the growing demands of Loudoun's ever-growing population, some homeowner associations are turning to volunteer neighborhood watch programs and even private security firms to supplement the sense of community presence they say overextended Sheriff's deputies cannot always provide. Representing more than 12,000 families in eastern Loudoun, the HOA presidents of Ashburn Farm, Ashburn Village and Broadlands recently appeared at a county budget public hearing to support full funding of the Sheriff's Office. The speakers named the hiring of more deputies as a top priority for the county, citing their private efforts to reduce vandalism as an indication that the Sheriff's Office needs more people to patrol the streets.
Yahoo! News - Family Asked To Remove Giant Yellow Ribbon From Yard
Saul's brother constructed an 8-foot by 4-foot yellow ribbon sign just one month after he was deployed and put it in the front of the home. But, the managing agent for the Villas at Ingram Hills sent a notice to the family, stating that it was against homeowner violations and asked them to remove it.

The News-Press: Joe Adams - New condo watchdog supports term limits

Sunday, March 20, 2005

Landslide victims get more bad news | The San Diego Union-Tribune

CARLSBAD – The view from the swimming pool at the Marbella condominiums in La Costa is a breathtaking sight of rolling hills with a lagoon in the distance. But the more than 35 residents who crowded the pool area in yesterday morning's drizzle and who had perhaps moved into their homes with the view in mind were paralyzed with grim news. The earth is still moving because of incessant rains, several of the condominiums are uninhabitable and the owners are likely to incur more costs than they can afford. "I don't know if you're going to have to take out a loan or borrow money from your mom," attorney David Peters told the group of worried faces. "At this moment in time, we're on our own."
[more]

Friday, March 18, 2005

Huge fee hike sought for new S.D. homes | The San Diego Union-Tribune

Note that this would come on top of already astronomical housing prices. The median home in San Diego now sells for $580,000, as I noted in a previous post.

San Diego officials are calling for a nearly tenfold average increase in a fee for new-home construction to keep pace with park and recreation needs. The proposal faces opposition from builders, affordable-housing advocates and the city's advisory Park and Recreation Board, which rejected the idea 4-1 yesterday. The average city park impact fee would increase from $2,637 per unit to $24,755 as outlined in a March 9 report by a deputy director of the Park and Recreation Department. In the report, April Penera said no waiver should be granted for the proposed increase in areas targeted for affordable housing.


Feds' antitrust inquiry targets Ariz. builders, telecom firms
Fred Pilot has been sending me links to great stories, but I've been sick and if that weren't bad enough somebody hacked the UIC webmail system and I couldn't get access to my mail. When it rains it pours.

The U.S. Department of Justice is investigating whether exclusive agreements between Arizona developers and communications companies, such as Cox and Qwest, violate antitrust laws... In a so-called preferred-provider agreement, a developer grants a firm, such as Cox or Qwest, exclusive rights to market its services inside a subdivision's model-home offices and gives it other advantages that may discourage competitors.In some cases, home buyers are locked into paying for Internet or telephone service through homeowners association dues, so if they want a competitor's service, they have to pay on top of the dues or, in effect, pay twice.
[more]

Sunday, March 06, 2005

Suburbia Takes Shape in Imperial Valley
EL CENTRO, Calif. — A big indoor mall opens Wednesday, eight months after the area's first stand-alone Starbucks hit town. Several national homebuilders have staked ground as bulldozers prepare more farmland for construction. The Imperial Valley — a desert region of 160,000 people and a notoriously high unemployment rate — is witnessing a surge in new homes and stores for middle-income families. Homebuilders are betting that the Imperial Valley will become San Diego's next bedroom community, another example of how California's climbing home prices are forcing people to live farther from work. The 230-mile round trip to San Diego and back takes about four hours, but here it's easy to find a new home for less than $300,000. In San Diego, the median price of a resale home hit $580,000 in January.

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I have three words for you: this is madness.

Saturday, March 05, 2005

SAN RAFAEL / Judge won't force woman out of hospital / 82-year-old served eviction notice, says she has nowhere to go
I say call an HOA collections lawyer. He'll have her out in no time. Thanks to Fred Pilot for sending this tale.

A Marin County judge refused Friday to order sheriff's officers to evict an 82-year-old woman who has refused to leave a bed at Kaiser Permanente San Rafael Medical Center for more than a year.

Friday, March 04, 2005

Pahrump Valley Times - The market will control growth (watch the skies...)

From the Kingdom of Nye, site of Art Bell's fortified compound, comes this, courtesy of Fred Pilot:

Nye County commissioners rejected the idea of a moratorium on residential developments in the Pahrump Valley that create higher densities - and greater profits for developers - placing their bets on market forces and developers' good will to solve Pahrump's future growth problems.

Thursday, March 03, 2005

Condo owner says inquiries to board led to vandalism
All condo owner Jallele Praschnik did was ask to look at her condo association's records, as allowed by state law.

As a result, she says, her screen was cut, pesticide was thrown into her apartment, and eggs were thrown at her car. In addition, someone would periodically stand outside her window, looking in and listening to her conversations.

After 15 months of such intimidation, she said, she borrowed surveillance equipment and taped a neighbor committing the alleged crimes.

Police last week arrested John Losada, 59, a leader of the condo association at the South Grove Plaza, at 2690 SW 22nd Ave. in Miami. He is scheduled to appear in court on March 15 to answer charges of criminal mischief and stalking.

He faces five years on the vandalism charge and one year on the stalking charge if convicted. He is free on $6,000 bail.

[more]
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Here's the poster boy for why we need oversight of condo/hoa boards of directors. Yeah, yeah..."it's an isolated instance." One of about a gazillion.

Tuesday, March 01, 2005

Yahoo! News - San Diego median resale price up nearly 24% in January
The median price of an existing home in San Diego was $580,220 as of January 2005, a 23.9 percent increase over the average price of $468,450 in January of last year, the California Association of Realtors reported Friday.
Good grief. Median resale prices approaching $600K?

Thursday, February 24, 2005

law.com - During 'Kelo' Arguments, Justices Feel for Homeowners
Tony Mauro
Legal Times

Here's a good summary of the argument yesterday in Kelo v. City of New London. It captures the bind some of the justices seem to sense they are in: they sympathize with the owners, and they get that the "public use" language has to mean something other than the city leasing the land to developers for $1 per year, in the hope that tax revenues will go up. But they are reluctant to overrule two precedents and thereby throw a monkey wrench in the redevelopment efforts of cities all over America, which are based on the same highly questionable practice. It is a bit like saying, "Well, legally you are right, Ms. Kelo, but if we rule in your favor it will cause a disaster, because cities all over the nation are abusing the eminent domain power, too." This is portrayed as a case of small property owners versus the city. But in reality it is developers versus small property owners.

Sunday, February 20, 2005

The Modesto Bee: Call grows to deregulate home building--Environmental law causing valley's sprawl, critics say

Developers and some city planners long have complained that the CEQA-required [California Environmental Quality Act] environmental review process has been abused by "not-in-my-backyard" opponents less concerned about saving the planet and more interested in dragging out projects in costly court battles to scare away developers.

The result, as the builders tell it, is that new subdivisions and apartment complexes get pushed farther away and onto fertile farmland where opposition isn't as intense.

Meanwhile, the demand for housing closer to cities goes up — and with it go prices that push homeownership out of reach.

Now there's talk of eliminating some CEQA reporting requirements on a project-by-project basis to encourage housing closer to the urban core and on old industrial sites.

Herald.com | 02/20/2005 | Will condo czar expand powers?
The state's new condo ombudsman and the lawmaker who helped create the job are facing a daunting task.

Alone, with a $103,000 budget -- which pays little more than his $63,000-a-year salary -- Virgil Rizzo has been instructed by the Legislature to resolve hundreds of disputes between condo associations and unit owners throughout Florida. Six weeks into his new job, the Fort Lauderdale doctor and attorney is overwhelmed. And now, state Rep. Julio Robaina, R-South Miami, plans to try to expand Rizzo's responsibilities and power during the upcoming legislative session. He wants to give Rizzo subpoena power and authority over homeowners associations.
[more]

Friday, February 18, 2005

S2016: proposed New Jersey "Common Interest Community and Homeowners' Association Act."


Here is a big fat bill that would make some significant changes in New Jersey law. Section 2, the legislative findings, are well worth reading.
Pahrump Valley Times - Gated community coming soon to Pahrump
Fred Pilot, a big Art Bell fan, sends this message along. Pahrump's most famous citizen is radio host Art Bell, the king of late-night radio, whose paranormal program emanates from his home. Now, it seems that the gated community menace is on the doorstep. Watch the skies...

The Pahrump Regional Planning Commission took its first steps last week in unanimously approving Pahrump's first private gated community. At the same time, the application processing for the development marked the initial amendment to the county's master plan, now just over a year old. Many more amendments are expected in months to come.
[more]
The Cranbury Press - 02/18/2005 - Bill could change the way Monroe's PRCs are governed
Big news from New Jersey. Looks like another banner year for CID reform:


A state Senate bill introduced in November could mean homeowners associations in Monroe's retirement communities would have to act more like municipal governing bodies.
According to the bill, introduced by Sen. Shirley K. Turner, D-15th, the changes would "require that democratic principles be followed by the governing board of a homeowners association in all association matters including, but not limited to, elections, access to records, open meetings, formation of rules and alternative dispute resolution."
The bill calls for enforcement by the Department of Community Affairs.
The bill says these changes are needed to provide for "transparent" government. It also establishes that a homeowners association is "subject to the political jurisdiction of a municipality, regardless of any bylaws to the contrary."
The bill, known as the Common Interest Community and Homeowner's Association Act, would be an amendment to the Condominium Act, which recognizes condo communities as corporate associations. Common interest communities include townhouses, cooperatives and planned unit developments in addition to condos.
[more]

Thursday, February 17, 2005

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=668503
Here you'll find a link to a paper by John Ryskamp entitled, "Brief Review of Topics Relating to Peaceful Resistance to Kelo Type Housing Dispossessions." When the county sheriff comes a-calling to move people out, what happens?

Saturday, February 12, 2005

Monterey County Herald | 02/11/2005 | Push for mandatory health
Now, does this qualify as galloping socialism, or is it still creeping?

SAN JOSE - A sweeping, bipartisan health reform plan that would require all Californians to purchase basic health insurance -- or have their wages garnished -- is drawing a lot of attention in Sacramento, but insiders say the plan in its current form doesn't stand much of a chance.

Boing Boing: Witold Rybczynski on Disney's planned Florida community
Mystery Reader located this commentary on Celebration from a distinguished urban planning professor at the Wharton School. It contains the following pithy comment, with which I would agree based on my visit to Celebration:
"The truth is that despite its best efforts, the populist Disney Co. has produced an elitist product. This attractively designed town may be cause for celebration, but it is no panacea."
Crime - More firebomb suspects sought - sacbee.com
The ever-vigilant Fred Pilot found this key paragraph in a story on a bunch of eco-terrorists:

The bombs were set, the letter states, "in honor of everyone ... who feels their rural lifestyles are being threatened by these mass-produced design communities."

The Auburn office building was targeted "as a statement against work and the horror of the cubicle," the letter said.

Wednesday, February 09, 2005

TheKCRAChannel.com - News - Display Stirs Controversy In Land Park
SACRAMENTO, Calif. -- Nestled in a quiet Sacramento neighborhood is a very loud political statement that is testing the very foundation of the right to free speech. Hanging from a house in Land Park, a soldier's uniform in a noose dangles from a rooftop. The words "your tax dollars at work" are scrolled across the chest.
[more]

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Given that the neighbors are calling the police, I think we can safely assume there is no HOA. If there were, I think this offensive display would be long gone.

Tuesday, February 08, 2005

O'Toole v. Los Angeles Kingsbury Court Owners Association

Here's a major decision on owners being ultimately liable for judgments due to board decisions--if the insurance company doesn't pay it, guess who does? Members--by special assessment, court-ordered if necessary.

Read and learn...

Sunday, February 06, 2005

The Daily Inter Lake:Man sentenced in HOA embezzlement case

Fred Pilot found this:

A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
The Daily Inter Lake:Man sentenced in HOA embezzlement case

Fred Pilot found this:

A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]

Thursday, February 03, 2005

HOAs become hot-button issue in AZ
Homeowners associations and possible legislation that may affect HOA groups were a hot topic Wednesday as lawmakers met with Chandler residents at the state Capitol.

Sen. John Huppenthal, R-Chandler, told a group of Chandler neighbors he plans to introduce a bill in the Legislature making it easier for homeowners associations to change their rules.

[more]

Sunday, January 30, 2005

"Want to start a lively argument with your coworkers? Ask them what they think about covenants and homeowners associations..."


From the Denver Post, courtesy of Fred Pilot.

...Everyone has an opinion. They can get quite passionate about the issue, and the points of view don't always match political stereotypes.

Many liberals and most libertarians find the idea appalling. But considerable numbers of conservative suburbanites and communitarian Democrats think covenants are better than architectural anarchy.

Saturday, January 29, 2005

Unearthing the Secrets of the Past: Remains Found By Workers at Georgetown Home
(washingtonpost.com)



The masonry workers carefully removed part of the old rowhouse's brick foundation and began excavating the dirt on the other side. First they came across some wooden planks. Then they found what looked like human remains -- a jaw, most teeth still intact, several joints, some ribs... She knew that a human skull had been excavated in her neighbor's yard nearly half a century earlier and that the park across the street stood on the site of one of the city's oldest and most prestigious burial grounds...
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I saw this film. In the next scene, the chairs are found mysteriously stacked on the kitchen table and the TV starts disgorging the walking dead.

Monday, January 24, 2005

Annoying Neighbors : Humor and Horror Stories In Your Town
I haven't been able to post for a day due to some poltergeist in Blogger cyberspace. Here's something not to be missed. A sample:


jenkintown, Pennsylvania, United States
Last Updated: 10/1/2004 10:03:38 AM
I have this neighbor who has lived on the street since she was 7-get a life! Anyway she thinks she owns the block and she is the mayor or something. Well, it just kills her that I can't stand her and have basically said so. Then yesterday I get this page out of a self help calendar in the mail with no return address...can you say wacko? Anyway, I wrote on it that she wins, she is crazier than I thought and mailed it back to her! What a nutcase.

Sunday, January 23, 2005

Macomb Daily : Former Marine vows to continue fight to fly flag 01/23/05
A Macomb Township man said he will appeal a recent court ruling that forced him to remove a Marine Corps flag from the front of his condominium.
John O'Brien, a former Marine, said increasing and anticipated support from fellow Marines locally and across the nation contributed to his decision to appeal the December ruling in which a Macomb Circuit Court judge ordered him to take down the flag because it violates condominium association rules.

O'Brien argues that no rule exists preventing the flag, and the order violates his First Amendment right to free speech.
[more]

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Saturday, January 22, 2005

Discovery Channel :: News :: Roman-Era Britons Lived In Suburbia
Now, that's what I call a story...

A spa treatment followed by a trip to the suburbs for a bit of shopping and dining sounds like a day in the life of a wealthy suburbanite, but it also could describe someone's schedule from around the 1st century A.D., as archaeologists in Bath, England have identified an ancient suburb located outside of Bath's main city center. Since suburbs dating to the Roman period also have been found around other major cities, such as London, the finding adds to the evidence that suburban living is not a modern phenomenon.
[more]

Boing Boing: Shag's house profiled in LA Times
Mystery Reader provides this glimpse into the life and crib of one Shag, a "pop surrealism artist," who lives the life of the cool and eccentric.
Boing Boing: Relocation of Futuro-House
Mystery Reader send along this piece about a house that looks like a UFO...but the house, says the piece, is intended to reflect "the optimism of the 60s." I never thought of the 60s as being optimistic, but then I wasn't a hippie, so maybe I missed the whole Zeitgeist or Zeigfeld or Gemeinschaft, or whatever.
News - Input sought on homeowners groups - sacbee.com
The California Law Revision Commission has a 95% success rate with the state legislature, and if you want to influence their recommendations, now is the time to speak your piece. Send them an e-mail.

The California Law Revision Commission is scheduled to meet today in the state Capitol to hear public testimony about its proposal to create an oversight agency for homeowners associations.
The meeting will start at 9:30 a.m. in room 113. The commission will take comments on its proposal for a new state bureau and might approve a final recommendation to legislators, officials said.

[more]
When a Home Isn't Safe | theledger.com
This is an editorial:

A little-known fact in Florida: Just because a homeowner has homestead exemption, it doesn't prevent a homeowners' association from foreclosing on the home for failure to pay association dues. "I don't want anyone to go through what we went through," Robert Denson, 42, told The Miami Herald this month. He lost his Boynton Beach home in 2003 when the association foreclosed on a $1,200 debt it was owed.
...This session, Florida legislators need to give associations an alternative before the step of foreclosure is taken.
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Friday, January 21, 2005

KPHO Phoenix - Many HOA's Demand Winter Lawns Despite Drought Warnings
Fred Pilot passed this along. This has been reported in Nevada as well, and it is really amazing:

No matter how much rain has fallen recently, we're still in the thick of a long-term drought. Many valley residents are complaining their Homeowner's Associations are forcing them to waste water, by requiring green lawns all year round.
[more]
TheDenverChannel.com - News - Bill Would Allow Signs, Flags In HOA-Controlled Neighborhoods

This is from Denver, CO. Seems the legislature there is following along behind Florida, Arizona, Nevada, and California.

A proposed state bill that could regulate what your homeowners' association can tell you to do will be considered by state legislators this session. Lawmakers behind the bill say they really want a balance between the HOA and homeowners.State Senator Bob Hagedorn - (D) Aurora came up with the bill to regulate the HOA and allow such things as flags, political signs and xeriscaping, if the homeowner wants them. "We have constitutional guarantees of freedom of expression," said Hagedorn. "We have a Supreme Sourt decision that says people have the right to put up a political yard sign (in their yard)."
[more]

Thursday, January 20, 2005

Flying for Columbine? Michael Moore's Bodyguard Arrested on Airport Gun Charge


Filmmaker Michael Moore's (search) bodyguard was arrested for carrying an unlicensed weapon in New York's JFK airport Wednesday night...Moore's 2003 Oscar-winning film "Bowling for Columbine" criticizes what Moore calls America's "culture of fear" and its obsession with guns.


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I know this is off-topic, but the irony is just too rich for me to resist. Here is the leading proponent of the theory that middle America is irrationally obsessed with fear of crime and has a crazy desire to be armed. But he, himself, has an armed bodyguard.

Oh, well. Perhaps Moore is "different" than we mere mortals. Maybe he is a higher order of being, and thus not subject to the same moral laws. Or something.
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UPDATE:
The company that (apparently) employs this bodyguard says he isn't "Michael Moore's bodyguard." I don't know what they mean, exactly--that he has never guarded Moore, or just that he was never directly employed by Moore? There have been other reports that Moore has armed bodyguards, and if those stories are true the issue remains the same--as far as Moore is concerned. I didn't include the bodyguard's name in my snip of the Fox News piece, and I don't see any reason to do so now. The issue is Moore's apparent hypocrisy (if these reports are true), not the fact that some fellow, who may or may not ever have guarded Moore, makes his living as a bodyguard and carries a gun. As far as I'm concerned, he's welcome to it, as long as he obeys the law.

Tuesday, January 18, 2005

WSJ.com - The Housing Market's Dangers
Millions of Americans became stockholders in the late 1990s, just in time to experience the biggest bear market in a generation. Does the same fate await millions of first-time homeowners?
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Well...I sure hope not.
HOAs, legislators battle to a draw

Ladies and gentlemen of Gilbert, attendees of the Ninth annual Congress of Neighborhoods Community Expo, come one and all, to a Saturday morning battle royal.

In this corner, we have Rep. Eddie Farnsworth, who says homeowners associations have too much power, a defender of little old ladies getting kicked out of their houses by the big, bad HOAs when they don't pay their fines for leaving the garbage can out.

In the other corner, we have the HOA board members and representatives from property management companies, tired of whiny residents who don't bother to read the rules or trim the hedges and still complain, fed up with hearing how HOAs are evil.
[more]

Monday, January 17, 2005

Rocky Mountain News: 'A happy balance' sought for HOAs
Bill would address strict rules, liens, insurance concerns

Fred Pilot send this link--as he puts it, "Looks like a reformist brushfire breaking out in Colorado, too."
No American flags. No Xeriscaping. And definitely no political yard signs until right before the election. Welcome to life under some homeowners associations.But take note: Two Aurora Democrats are scheduled to introduce legislation early this week that would lift restrictions, including on landscaping and displays. The bill, by Sen. Bob Hagedorn and newcomer Rep. Morgan Carroll, also addresses association liens, board meetings and insurance issues.
[more]

Real Estate News - Reminders of racism, old covenants linger on records - sacbee.com
Gregg Fishman and his wife moved into Sacramento's upscale Arden Park neighborhood in 2001, enchanted by the shady Modesto ash, lush parks, large lots and friendly atmosphere. They didn't realize that along with their 1950s-era California ranch-style home they were buying a piece of America's racist past.Tucked into their property records, in tiny type, is the "Racial Occupancy" clause:
"No persons of any race other than White Caucasian race shall use or occupy any building or any lot except ... by domestic servants of a different race domiciled with an owner or tenant ..." The language is contained in the "covenants, conditions and restrictions" originally developed for the neighborhood, and is similar to restrictions imposed on millions of homes nationwide, dating back to the 1700s, when property first was recorded by cities and counties.
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These covenants have been unenforceable since 1948, after the USSC decision in Shelley v. Kraemer, but they still exist in older properties.

Friday, January 14, 2005

CAI weighs in on proposed HUD rule requiring HOA and condo assessments to be escrowed like property taxes

Here is their press release. All the bold text is my emphasis:

FOR IMMEDIATE RELEASE
CAI Gives Qualified Support for Escrowing Association Assessments
ALEXANDRIA, VA, JAN. 14, 2005 – Community Associations Institute (CAI) has told the U.S Department of Housing and Urban Development (HUD) that it supports the concept of a proposal that would require lenders of Federal Housing Administration-insured mortgage loans to escrow community association assessments.CAI provided written comments January 10 on a proposed rule developed by HUD in response to concerns that assessment liens often have priority over FHA-backed mortgages. HUD said its proposal was developed out of a desire "to protect the viability" of homeowner and condominium associations by providing a method giving greater assurance of associations being able to collect their assessments.Although CAI supports the concept of escrowing assessments, the Institute says there are practical issues that need to be resolved before the escrow provision is adopted. These issues include the schedule by which escrowed payments would be made to associations; how special assessments should be processed; administrative costs to associations, and a variety of logistical and administrative challenges.CAI is urging the agency to participate in a stakeholder group that can investigate these issues and develop potential solutions. CAI says the ultimate goal of such a consensus committee would be to draft a proposed rule that addresses these major concerns.CAI stressed that community associations should retain the ability to collect assessments directly from homeowners and use all available remedies, including the last resort of foreclosure, to collect overdue assessments. CAI also pointed out that the proposed rule should require full payment of assessments from escrow at the time the association begins a new year, regardless of whether an association operates on a fiscal or calendar year."This is a critical issue for association-governed communities," says Molly Foley-Healy, CAI’s senior vice president and general counsel. "Assessments are the lifeblood of community associations, the resources that enable associations to meet the established expectations of homeowners. We stand ready to work with HUD to do whatever is necessary to ensure that these substantive issues are resolved."Foley-Healy added that CAI will support a rule only if it does not usurp the legal responsibility of homeowners to pay association assessments.CAI also told HUD that the proposed rule needs to exclude escrowing special assessments, which are fees occasionally levied by associations to pay for large projects such as street paving, major building repairs and disaster-recovery.CAI’s comment letter to HUD can be accessed at www.caionline.org/govt/regulatory/index.cfm.The public comment period on the proposed rule closed January 10. HUD is reviewing the responses to the proposed rule.CAI is the only national membership organization dedicated to fostering vibrant, responsive, competent community associations. The national organization and its 50-plus chapters represent managers, community association volunteer leaders (homeowners), management companies and the professionals who provide products and services to planned communities.For members and general inquiries, contact the CAI Direct customer service team:Community Associations Institute225 Reinekers Lane, Suite 300Alexandria, VA 22314Phone: 703-548-8600Fax: 703-684-1581Email: CAIdirect@caionline.orgMEDIA CONTACT: Frank RathbunPhone: 703-548-8600, ext. 261Fax: 703-684-1581Email: FRathbun@caionline.org
LOP approves entrance sign for soldier
Fred Pilot sent this along--a followup to a story I posted below. This is more like it. Too bad it took a rap on the beezer to get their attention.

And once again, another great big

WELCOME HOME!

from The Privatopia Papers, too.

Wednesday, January 12, 2005

ScrappleFace: CBS News Switches to Reality Gameshow Format
(2005-01-11) -- When life hands you a lemon, the old saying goes, make lemonade. CBS News President Andrew Heyward is doing just that, announcing today that the CBS Evening News with Dan Rather will be re-launched on March 10 as Myopic Zeal: The CBS Evening News Gameshow.
[more]
Lake of the Pines man wants to welcome son home from Iraq with banner at main entrance:Homeowners association says it is against bylaws
A Lake of the Pines soldier may not get the hero's welcome his father envisioned.

Gary Stokes, 49, of Lake of the Pines, was told Monday that posting a "welcome home" banner at the gated community's main entrance would violate homeowners association rules.

"I was just so blown away," Stokes said Tuesday. "I'm still amazed."

U.S. Marines Pvt. Sean Stokes, a recipient of three purple hearts for injuries sustained in battle, is expected to return to his hometown Feb. 4. A grenade exploded three feet from him and a friend standing next to him was shot in the head, his father said.
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WELCOME HOME, HERO!!!

Saturday, January 08, 2005

State: Opinion a win for tax districts
Mike Van Sickler of the St. Petersburg Times wrote this interesting story about community development districts, a more public variation of privatized government than HOAs, but similar in some respects. There's a quote from me a ways down:

TAMPA - Cities and counties have no authority to monitor the special taxing districts fueling Florida's suburban homebuilding boom.

So says the Florida Attorney General's Office in an advisory opinion that could stifle attempts by Tampa officials to find out how a developer spends the millions he collects from homeowners in a New Tampa subdivision.

The opinion also could further weaken oversight of these districts at a time when they are the most popular way to build gated communities in Florida, particularly in Hillsborough and Pasco counties.

In the past five years, the number of districts has surged from 94 to 295 in the state, tripling the number of people who are governed by private developers.

"What people don't understand is that we're seeing a revolution in government," said Evan McKenzie, author of Privatopia: The Rise of Private Government. "We're moving away from all-purpose governments, like the New York City of the 1960s, to smaller, more specialized governments controlled by private interests. Now that more of us live in this new world, the question is: Who oversees it? The answer so far is: No one."
[more]

Friday, January 07, 2005

Houses of the Future
I must confess that until I received this link from Mystery Reader, I did not know that 2004 was the YBE--the Year of the Built Environment. Well, at least in Australia. Obviously I should get out more. But this exhibit of six houses was presented at the Sydney Opera House, and in 2005 it will be at the Sydney Olympic Park. If you can't make the trek, check out the web site and look at these houses. There is a house made of each of the following material: concrete, steel, cardboard (!), timber, glass, and clay. Here are the limitations the designers had to observe:

Each house design had to be:

• Pre-fabricated for easy transportation, and to allow erection on site in less than 4 days;

• Environmentally sustainable with sensitive use of materials, rainwater recycling, use of solar panels and passive solar design;

• Compliant with the NSW BASIX ratings tool;

• Designed by an Architect; and

• Futuristic in appearance and use of domestic space.

YBE2004 wishes to thank Multiplex for providing the overall project management of the Houses of the Future project.

Thursday, January 06, 2005

The Advocate: Malloy: Condo panel must reinstate disabled parking
Follow up, sent by Fred Pilot, to a piece I linked below:

STAMFORD -- City officials are urging Heywood Heights officials to restore the 11 handicapped spaces removed Monday, saying state law requires the East Side condominium complex to provide such parking.

"Both the law department and the building department are of the opinion that they have to have these spaces," Mayor Dannel Malloy said.

Chief Building Official Anthony Strazza sent a letter to the condo association yesterday, saying the lot must have seven handicapped parking spaces to comply with the state building code.
[more]

Monday, January 03, 2005

Actress Sandra Bullock gives one million dollars to tsunami relief operation
And this is her second gift of $1 million to the Red Cross. Somebody should ask that UN twerp if he thinks this is "stingy."
UC Law School Needs to Privatize, Dean Says
This is UC Berkeley's Boalt Hall they are talking about. I went to UCLA Law School, which as far as I know has no similar intentions.

Sunday, January 02, 2005

Cape Times - Gates lock out social integration

Fred Pilot finds another fascinating article, this one from South Africa:

Separate development is officially dead, but a modern incarnation is emerging in the new South Africa; gated communities. Gated communities are the new separate development, separating haves from have-nots, rich from poor, "insiders" from "outsiders". The rich live in self-imposed jails, surrounded by electrified fences, their properties patrolled by killer attack dogs, security guards and surveillance cameras in order to achieve their simulacrum of security. Nobody can deny that those who can afford it have their individual right to protect themselves, their possessions and their families. But on the other hand, we must carefully consider whether continuing separate development, economic bantustans, presents a suitable model for nation-building.
[more]
The Advocate - Condo complex nixes handicapped parking

If we'd had this story a week or so ago, it would have made a perfect "Scrooge lives" headline.

STAMFORD -- An East Side condominium complex has decided to remove all of its handicapped parking, leaving elderly and disabled residents to compete with the able-bodied for the best spots in the lot...While the state building code requires all new construction to have a specific number of handicapped spaces that corresponds with the size of the lot, Gretchen Knauff with the state Office of Protection and Advocacy for Persons with Disabilities said it does not apply in this case. Heywood Heights was built in 1970 -- seven years before the building code was enacted.
[more]
NBC.com > Law & Order: Criminal Intent: "
Mystery Reader just flagged this--tonight's Law and Order, with a condo association murder case:
"VIEW FROM UP HERE"
9pm 2005-01-02 ALL NEW!
HIGH-RISE HIJINKS RESULT IN LOWDOWN MURDER -- When the association president of a swanky Manhattan condominium tower is murdered with an electrical saw, Detectives Goren (Vincent D'Onofrio) and Eames (Kathryn Erbe) find themselves dead-center in a beehive of secrets among its residents -- but a disturbed young nanny draws their attention and prompts them to use Eames as a decoy. Concerns over the building's shoddy construction and suspicious behavior between other owners force the detectives to look behind the marbled facade. Jamey Sheridan and Courtney B. Vance also star. TV-14"

Saturday, January 01, 2005

Private Citizens Outdo Officials in Aid Efforts (washingtonpost.com)
MADRAS, India, Dec. 31 -- As the first chilling images of the death and devastation caused by the tsunami flashed on Indian television Sunday, Tara Kaushal, 21, a freelance writer and accessories designer, started receiving text messages from friends on her cell phone. She in turn messaged others about the disaster, expressing a need "to get together and do something."... The next morning, Kaushal's extended group of friends circulated e-mail asking for contributions to an effort to buy relief supplies. Money poured in -- from young fashion designers, teenage students, lawyers, corporate executives, software professionals, aerobics and yoga instructors, cooks and car drivers. Survivors in the southern state of Tamil Nadu said the relief efforts organized by wealthier, urban do-gooders such as Kaushal's friends arrived more quickly and had been much more visible than government assistance.

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I thought it was interesting that the Norwegian UN twerp--excuse me, official--who was complaining about "stingy" nations based his numbers entirely on government contributions, ignoring private charity entirely as if it didn't exist. I guess if you are a Scandinavian socialist that makes some kind of sense.

Thursday, December 30, 2004

Boston.com / News / Local / Mass. / City cracks down on Boston tradition of reserving parking spaces
People in Chicago do the same thing. They shovel out enough room for their own car, leaving a huge pile at either end that is somebody else's problem, put rusty lawn furniture on the street, and say this 20 feet of public property is now their private little paradise until spring. Then if somebody moves the junk and parks in "their" spot, it's fight time. Seems like unlawful conversion of public property to a private use, without compensation. Sort of a reverse takings clause situation.


BOSTON -- There's an unwritten code of urban etiquette on Boston's narrow neighborhood streets: You shovel a parking space and it's yours until enough snow has melted to unclog the streets. But this year, the city is cracking down on this age-old rule and warning residents that it will no longer tolerate the garbage cans, chairs, boxes and even Christmas trees that litter the streets, saving spaces for those who put in the sweat to clear them.The change is not coming without a fight.
[more]

AZ HOA Legislation Is Step In Right Direction,says Silver Haired Legislature


By Barbara Epperson
Arizona Silver Haired Legislature


The Legislature took significant strides in the right direction for individual homeowners in the recently concluded 46th regular session.

Faced with 17 bills relating to planned community and homeowner concerns, lawmakers passed 13. Nine bills that directly relate to homeowner associations (HOAs) have been signed into law.
[more]
Residents get snowed after asking city help

Fred Pilot somehow unearthed this story from a Utah paper. HOAs don't get no respect--or snow plowing.

...members of the Renaissance HOA (Home Owners' Association) also approached Cedar Hills, asking the city to either make the streets in the PRD public and take over maintenance, or to snowplow the streets for them in winter. City staff gave the HOA the name of the snowplowing company it contracts to do public roads, suggesting residents contract with the same company. According to Cedar Hills city ordinance, the city is prohibited from maintaining private roads unless the roads are made to comply with city standards in width and sidewalk improvements.
[more]
Condo ombudsman works long-distance
Florida's first condominium ombudsman now has his own phone number, but it is long distance for most of the Floridians who want his services. The number, 850-922-7671, rings in Virgil R. Rizzo's new Tallahassee headquarters. But since he hasn't moved to the capital, he retrieves the messages from his Fort Lauderdale apartment. Since his appointment by Gov. Jeb Bush early this month, Rizzo has personally responded to more than 200 phone calls -- 98 percent from Broward, Palm Beach and Miami-Dade counties, with the balance from Pensacola to Daytona Beach and Stuart to Naples. Eventually Rizzo, a retired lawyer and physician, will have a toll-free number and open branch offices throughout the state with local numbers.
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I envision one of those phone banks you see on PBS telethons with a couple of dozen operators, and a big state map on the wall behind them with little blinking lights.

Wednesday, December 29, 2004

Yahoo! News - Sales of Existing Homes Hit Record High
Sales of previously owned homes in November posted their best month on record as low mortgage rates enticed buyers to live the American dream.
The National Association of Realtors reported Wednesday that sales, at a seasonally adjusted annual rate, totaled an all-time monthly high of 6.94 million units, representing a 2.7 percent increase from October's pace. While some other recent reports raised questions as to whether the high-flying housing market might be losing a bit of altitude, Wednesday's report suggested the sector is still humming along.
[more]
Debris Removal A No-Brainer
Florida newspaper weighs in on the side of gated communities in FEMA debate:

FEMA's official policy maintains that gated communities are private property and removing their debris "does not necessarily serve the public interest" because their mountains of storm debris don't really pose a hazard to the "community at large." Does that mean people living in hundreds of gated communities across South Florida are not part of the "community at large," merely because they enjoy the extra security of a guarded entrance? Does their choice to throw up a gate and their agreement to maintain the roads behind it make them immune from disasters that know no such borders? Hardly. Buying a home, whether it be in a homeowner's association without walls or one guarded by a gate, should not limit its owner from inclusion in society, or from federal aid for legitimate needs. Removing storm debris, especially in genuine disaster areas, certainly applies.
[more]
U. S. Bunkers - life assurance, not life insurance.
Mystery Reader sent me this link. Get yours while you still can...and watch the skies.

I like the red, white, and blue one, myself.
Public vs. private interests--USSC sets date for Kelo case hearing

The U.S. Supreme Court is set to hear oral arguments Feb. 22 in a case that should be of intense interest to Colorado - and, for that matter, every other state. The issue is whether the U.S. Constitution places any practical limit on the right of local governments to condemn private property in the name of economic development.
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Tuesday, December 28, 2004

Idaho Mountain Express: Keeping Ketchum 'open' - December 29, 2004

Nothing announces a community's frigid unneighborliness and the personal fear of its residents than gates that seal some people in and seal others out.

The Ketchum City Council spotted the unwelcome nature of this architectural appurtenance for what it is, and moved quickly to ban gates and "gated communities" as a matter of zoning law
HOA ban on rentals may cool home sales
Note the name of this HOA. Agritopia? Excuse me--does that sound at all derivative? But the real reason for including this extract is to highlight the point Fred Pilot astutely picked up on. HOA lawyer Scott Carpenter says first that no-rent clauses are like municipal ordinances, then says that they are private contracts. As Fred says, this is a good example of the industry "attempting to straddle the line between HOAs as public vs. private entities."

Every house along the neatly planned streets of Agritopia has a porch, a patch of grass and a little slice of the American dream. The idyllic "country" living appeals to newcomers flocking to Gilbert every month. But don't look to rent a home there. Homeowners in Agritopia sign contracts prohibiting them from renting out their homes beyond a room, guesthouse or garage apartment...HOAs' changing their rules to prohibit rentals is similar to cities' changing their zoning codes. It's a move that is within the rights of the governing body, argues Scott Carpenter, an attorney who represents homeowners associations. "When you choose to live in a planned community, it's a contractual matter, not a property-rights issue," he said.
Attorney Frank Askin's appellate brief in Twin Rivers
Check this out for the definitive statement of the "HOA as state actor" argument.
The News-Press: Cape Coral - Cape faces Sunset wrath
Dozens of angry Sunset Towers Condominium residents confronted Cape Coral city officials Monday, accusing them of conspiring with developers and trying to force elderly residents from their hurricane-damaged homes.

Amid jeers, hisses and outbursts of name-calling, city officials defended their actions as concern for the residents' health and safety.
[more]
The New York Times > National > Yard Display's Neighbors Wish for a Silent Night
At 6 o'clock on Friday, as a crystalline blue dusk descended over the desert valley, Chris Birkett began his nightly Christmas extravaganza, turning his modest house and yard into "Winter Wonderland," a blazing filigree of up to 150,000 lights forming Santas, reindeer, "Nutcracker" characters, snowflakes, stars and American flags, under puffs of soap bubbles and sprays of artificial snow.

With it came blaring Disney music and narration that echoed up and down the quiet residential block: "Do you believe in magic? Look to the sky and make a wish. Star light, star bright, I wish I may, I wish I might."

The family next door wishes he would just shut up.
[more]

Monday, December 27, 2004

Boing Boing: Tsunami blog coverage: updates
After uncannily foreshadowing this week's Asian earthquake in an e-mail message, Mystery Reader sends the link to this post on key blogs for following the aftermath of the quake.
Star-Telegram.com | 12/26/2004 | Animosity lingers after flag dispute
Fred Pilot passed this one along--another senseless anti-flag campaign by an HOA, and the unpleasant aftermath:

American flags fly freely now in the Heritage Place subdivision, but Euless resident Linda Martin, who championed the cause, continues to struggle for neighborhood harmony. Martin raised the flag issue after the July Fourth holiday when she was told to remove her American flag because of a deed restriction. After an onslaught of criticism, the Heritage Place board of directors in August lifted the restriction, reportedly enacted as precaution against people who don't maintain their flags. All homeowners association board members resigned after residents circulated a petition requesting their removal. A new five-member board is in place and plans to present general policies at a meeting in January.
[more]
Gated communities in Palm Beach County want FEMA cleanup cash
Another example of the betwixt-and-between status of HOAs:

Grasping at whatever hope there is, county officials and community leaders are seeking federal reimbursement of thousands of dollars spent clearing debris after hurricanes Frances and Jeanne. The issue remains mostly unsettled for gated communities that paid haulers to pick up fallen tree limbs and other vegetation from their roadways, which the Federal Emergency Management Agency considers private and ineligible for assistance. But with the backing of two county commissioners, community leaders are gambling on a payback...An explanation of the policy in an internal FEMA memo from late September states: "[R]emoval of debris from private property, including roadways in private and gated communities, does not necessarily serve the public interest because the restrictions inherent to private or gated communities limit the exposure of the community-at-large to the hazard posed by the debris."
[more]
8 Glendale, AZ, HOAs given fix-up funds by city officials
Fred Pilot found this example of city governments giving $$ to HOAs.
News - Cat-leash rule riles homeowner - sacbee.com
I have never heard of a municipality doing this, so maybe this association has broken new ground. The lack of common sense is stunning. This sort of thing predictably generates bad press, and that provides a hook for an enterprising legislator to get easy publicity by introducing a silly piece of legislation to ban an even sillier HOA rule.

Homeowners associations have made national headlines in recent years for enforcing arbitrary rules - from the color of house paint used to types of lawn ornaments allowed. Now, this rule that requires cats be leashed or confined indoors is attracting the attention of homeowner advocates and state lawmakers seeking change. Residents of Village Greens are required to leash their pets when in the community's common areas or face a $50 fine per violation, according to copies of the association's governing documents.
[more]
Lighthouse Rotating Homes and Commercial Structures
If you are interested in the concept of rotating homes and other structures, check out this link, sent to me by Don Dunick, who has built a rotating home in New Zealand.

Lighthouse Projects
67 Cavan St, Annerley, QLD, 4103, Australia
Phone +61 7 3255 8855, Fax +61 7 3848 5223
Give Up the Suburb? Yes. Give Up the Car? No Way
Many urban planners firmly believe that if they can just get enough control over the built environment they can produce the kind of social change they want. They think, for example, that if they can create "pedestrian friendly" neighborhoods we will all ride around on bikes like Chinese factory workers, and then urban planners will have saved the planet from the internal combustion engine. Then, along comes reality...

When urban planners first talked about the new residential boom in downtown Los Angeles, they conjured up idyllic streets where pedestrians — their cars sold to ex-neighbors in the suburbs — strolled happily to work along streets lined with cafes and bookstores. People are moving downtown, all right. But this is L.A. So they're bringing their cars with them. And now local officials, who just a few years ago stopped requiring developers to build parking spaces in most loft buildings, are scrambling to accommodate automobiles — and their owners — downtown.
[more]

Sunday, December 26, 2004

ScrappleFace: Bush Now Proposes to 'Public-ize' Social Security
I guess it's all in the way you say it...

Under pressure from lawmakers in both parties, President George Bush today scrapped his plans to privatize Social Security and offered instead a new plan to "public-ize" the retirement system. "I want to keep our promise to America's seniors," said Mr. Bush. "So, instead of privatizing their government-owned retirement accounts, I propose that we public-ize Social Security--in other words, we're going to return the money to the public while we still have some to return." Mr. Bush said he reversed course after learning from Democrat strategist George Lakoff that all policy questions were really "about words and craftsmanship" rather than the substance of the proposed policies. "I've always been a student of the English language," said Mr. Bush. "I suddenly realized that if you say 'privatize', it sounds like that money belonged to the government in the first place. That ain't right."
SSRN-Do You Have A Case Under the New Bill of Rights: A Checklist by John Ryskamp
Here's a link to a fascinating new piece by John Ryskamp. Readers interested in new approaches to Bill of Rights claims regarding housing would be well advised to check this out. The abstract reads as follows:
From the theoretical considerations of Kelo v. New London: Deciding the First Case Under the New Bill of Rights, we proceed here to more practical considerations for those who wonder if facts of importance to them are similar to facts of the New Bill of Rights or the Bill of Rights. This article takes the next step: it outlines which facts need to be developed and presented in order to convince a Court to consider granting elevated scrutiny to new facts. This brings the New Bill of Rights into practice and lays down the methodology for adding facts to it. It also presents the manner in which a fact of the individual - the new link between Founder intent and facts mentioned in the Constitution - has now become the process of Constitutional adjudication.
Opting Out: Citing lack of services, River Bend wants disannexation from city

Like a marriage that’s gone bad, the city of Brownsville’s annexation of the River Bend Resort area in 2002 has turned sour and one party wants out, complaining they’ve gained nothing from the union. River Bend residents have requested that the area located off of Highway 281 be disannexed and return to an unincorporated area...Although the area is a gated community with private roads, residents are required to pay city taxes for all municipal services, including street repairs.

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And expect a lot more of this in months and years to come.