Existing Home Sales Decline As Rates Rise
Pop?
WASHINGTON - Sales of previously owned homes fell in July as some house hunters were put off by galloping prices, but the pace of sales was still the third-highest ever, suggesting the red-hot market isn't cooling much. The latest snapshot of activity in the housing market released by the National Association of Realtors on Tuesday showed that July sales of existing homes — including single-family, town homes and condominiums — totaled 7.16 million units at a seasonally adjusted annual rate. That represented a 2.6 percent decline from June's record-high pace of 7.35 million units. Soaring home prices and to a lesser extent rising mortgage rates played a role in July's drop in sales — making it harder for some house hunters to take the leap into home ownership, analysts said.
Tuesday, August 23, 2005
Monday, August 22, 2005
Castle Holds Monty Python Jamboree
This must be one of the more fun-loving medieval gated communities. Do you smell elderberries?
Coconut shells have been a fixture behind the castle reception desk for a number of years, props for the legions of Monty Python fans who visit Doune, a key location for the film Monty Python And The Holy Grail...Last year, Historic Scotland bowed to the inevitable and staged Doune's first ever Monty Python Day, an event that attracted about 1,500 fans from all over the UK, and some from overseas, including a hen party from New York. The event was so successful that it is being repeated on September 4. Numbers have had to be limited to 500, however, after problems last year shepherding so many fans around such a confined space.
This must be one of the more fun-loving medieval gated communities. Do you smell elderberries?
Coconut shells have been a fixture behind the castle reception desk for a number of years, props for the legions of Monty Python fans who visit Doune, a key location for the film Monty Python And The Holy Grail...Last year, Historic Scotland bowed to the inevitable and staged Doune's first ever Monty Python Day, an event that attracted about 1,500 fans from all over the UK, and some from overseas, including a hen party from New York. The event was so successful that it is being repeated on September 4. Numbers have had to be limited to 500, however, after problems last year shepherding so many fans around such a confined space.
Sunday, August 21, 2005
San Francisco Shuns Retired USS Iowa
This has nothing to do with HOAs. I just think it is such a supremely disgraceful action by the San Francisco city supervisors that it deserves to be publicized and condemned. Who do these creeps think they are, to sit in their little leftist enclave and pass a petty, nasty little judgment like this on the United States military? Maybe it's time that professional organizations planning conventions started boycotting San Francisco.
The USS Iowa joined in battles from World War II to Korea to the Persian Gulf. It carried President Franklin Roosevelt home from the Teheran conference of allied leaders, and four decades later, suffered one of the nation's most deadly military accidents. Veterans groups and history buffs had hoped that tourists in San Francisco could walk the same teak decks where sailors dodged Japanese machine-gun fire and fired 16-inch guns that helped win battles across the South Pacific. Instead, it appears that the retired battleship is headed about 80 miles inland, to Stockton, a gritty agricultural port town on the San Joaquin River and home of California's annual asparagus festival. Sen. Dianne Feinstein, D-Calif., a former San Francisco mayor, helped secure $3 million to tow the Iowa from Rhode Island to the Bay Area in 2001 in hopes of making touristy Fisherman's Wharf its new home. But city supervisors voted 8-3 last month to oppose taking in the ship, citing local opposition to the Iraq war and the military's stance on gays, among other things.
This has nothing to do with HOAs. I just think it is such a supremely disgraceful action by the San Francisco city supervisors that it deserves to be publicized and condemned. Who do these creeps think they are, to sit in their little leftist enclave and pass a petty, nasty little judgment like this on the United States military? Maybe it's time that professional organizations planning conventions started boycotting San Francisco.
The USS Iowa joined in battles from World War II to Korea to the Persian Gulf. It carried President Franklin Roosevelt home from the Teheran conference of allied leaders, and four decades later, suffered one of the nation's most deadly military accidents. Veterans groups and history buffs had hoped that tourists in San Francisco could walk the same teak decks where sailors dodged Japanese machine-gun fire and fired 16-inch guns that helped win battles across the South Pacific. Instead, it appears that the retired battleship is headed about 80 miles inland, to Stockton, a gritty agricultural port town on the San Joaquin River and home of California's annual asparagus festival. Sen. Dianne Feinstein, D-Calif., a former San Francisco mayor, helped secure $3 million to tow the Iowa from Rhode Island to the Bay Area in 2001 in hopes of making touristy Fisherman's Wharf its new home. But city supervisors voted 8-3 last month to oppose taking in the ship, citing local opposition to the Iraq war and the military's stance on gays, among other things.
With SB 137, making changes to HOAs
Marjorie Murray wrote this article on an important piece of legislation pending in Sacramento. It was published in the Sacramento Bee. She asked me to publish this so all you activists out there can keep track of this bill and do what is needed to get it passed.
SB 137 would leash homeowner associations that leap to use foreclosure to collect trivial amounts of late assessments owed homeowner associations (HOAs). The proposed law is long overdue.
Sen. Denise Ducheny's legislation would lay out a set of legal tools that HOAs, collection agencies, management companies and law firms could use to collect the dues assessed the 8 million California homeowners living in common interest developments such as condominiums. The tools would include going to small claims court, securing the debt with a lien or invoking dispute resolution. SB 137 is linked to AB 619, which would let homeowners pay a late bill in installments. Current law lets HOAs - without giving a reason - reject a homeowner's petition to pay arrearages on a monthly schedule. Gov. Arnold Schwarzenegger vetoed AB 2598, last year's attempt to curb HOA foreclosure abuse. But his veto message made plain he thinks this issue needs to be resolved. Ducheny and the California Alliance for Retired Americans, sponsor of SB 137, have been working with the governor's office to do just that.
Marjorie Murray wrote this article on an important piece of legislation pending in Sacramento. It was published in the Sacramento Bee. She asked me to publish this so all you activists out there can keep track of this bill and do what is needed to get it passed.
SB 137 would leash homeowner associations that leap to use foreclosure to collect trivial amounts of late assessments owed homeowner associations (HOAs). The proposed law is long overdue.
Sen. Denise Ducheny's legislation would lay out a set of legal tools that HOAs, collection agencies, management companies and law firms could use to collect the dues assessed the 8 million California homeowners living in common interest developments such as condominiums. The tools would include going to small claims court, securing the debt with a lien or invoking dispute resolution. SB 137 is linked to AB 619, which would let homeowners pay a late bill in installments. Current law lets HOAs - without giving a reason - reject a homeowner's petition to pay arrearages on a monthly schedule. Gov. Arnold Schwarzenegger vetoed AB 2598, last year's attempt to curb HOA foreclosure abuse. But his veto message made plain he thinks this issue needs to be resolved. Ducheny and the California Alliance for Retired Americans, sponsor of SB 137, have been working with the governor's office to do just that.
Saturday, August 20, 2005
Rampant mismanagement plagues condo boards, report finds
You can just imagine how shocked I was--shocked, I tell you--to read this. Thanks to Fred Pilot for the link.
Did I mention that I was shocked?
Most of the 4,000 queries received by the state's new condo ombudsman between April 1 and June 30 involved directors of associations, according to a newly released report. Half concerned mismanagement and about a quarter alleged abuse of residents by directors. "The major problem continues to be the incapability and inability of boards' members to properly manage the operation of the association," said Dr. Virgil Rizzo of Fort Lauderdale, who was appointed in December and who released the quarterly report this week. "Many directors lack the knowledge to effectively and successfully operate a corporation of residential units."
You can just imagine how shocked I was--shocked, I tell you--to read this. Thanks to Fred Pilot for the link.
Did I mention that I was shocked?
Most of the 4,000 queries received by the state's new condo ombudsman between April 1 and June 30 involved directors of associations, according to a newly released report. Half concerned mismanagement and about a quarter alleged abuse of residents by directors. "The major problem continues to be the incapability and inability of boards' members to properly manage the operation of the association," said Dr. Virgil Rizzo of Fort Lauderdale, who was appointed in December and who released the quarterly report this week. "Many directors lack the knowledge to effectively and successfully operate a corporation of residential units."
From David Bernstein at the Volokh Conspiracy...
...comes this short, pithy, and alarming analysis of the housing bubble in California.
...comes this short, pithy, and alarming analysis of the housing bubble in California.
Friday, August 19, 2005
OK, I'll have my light sabre now, if you please
A team of researchers from the Ecole Polytechnique Fédérale de Lausanne (EPFL) has successfully demonstrated, for the first time, that it is possible to control the speed of light – both slowing it down and speeding it up – in an optical fiber, using off-the-shelf instrumentation in normal environmental conditions. Their results, to be published in the August 22 issue of Applied Physics Letters, could have implications that range from optical computing to the fiber-optic telecommunications industry.
A team of researchers from the Ecole Polytechnique Fédérale de Lausanne (EPFL) has successfully demonstrated, for the first time, that it is possible to control the speed of light – both slowing it down and speeding it up – in an optical fiber, using off-the-shelf instrumentation in normal environmental conditions. Their results, to be published in the August 22 issue of Applied Physics Letters, could have implications that range from optical computing to the fiber-optic telecommunications industry.
Thursday, August 18, 2005
Re/Max Site to Show All U.S. Listings
The implications of this are mind-boggling. Buying and selling real estate has always been based on local markets. This is the end of all that. Brave New World time.
The nation's second-largest real estate brokerage is expected to announce today a plan to pool all U.S. residential property listings on its website, a move that would create a formidable national competitor to industry-backed Realtor.com. The move by Re/Max International Inc. also could eventually help reduce consumers' costs of buying and selling homes, as competition with other Web-based brokerages heats up.Online real estate companies and consumer advocates have long complained about the real estate industry's efforts to limit access to property listings on the Internet. They see it as an attempt to thwart competition from Web-based upstarts, which typically charge lower commissions or charge referral fees. The issue has attracted the attention of federal antitrust officials, who have been investigating the online policy of the industry's powerful trade group, the National Assn. of Realtors, which gives its members the right to withhold their listings from online brokerages. But Re/Max, which has supported the trade group's policy, will announce today that it will compete head-on with online companies and create a national database that would include any property listing, whether it is a Re/Max listing or not.
The implications of this are mind-boggling. Buying and selling real estate has always been based on local markets. This is the end of all that. Brave New World time.
The nation's second-largest real estate brokerage is expected to announce today a plan to pool all U.S. residential property listings on its website, a move that would create a formidable national competitor to industry-backed Realtor.com. The move by Re/Max International Inc. also could eventually help reduce consumers' costs of buying and selling homes, as competition with other Web-based brokerages heats up.Online real estate companies and consumer advocates have long complained about the real estate industry's efforts to limit access to property listings on the Internet. They see it as an attempt to thwart competition from Web-based upstarts, which typically charge lower commissions or charge referral fees. The issue has attracted the attention of federal antitrust officials, who have been investigating the online policy of the industry's powerful trade group, the National Assn. of Realtors, which gives its members the right to withhold their listings from online brokerages. But Re/Max, which has supported the trade group's policy, will announce today that it will compete head-on with online companies and create a national database that would include any property listing, whether it is a Re/Max listing or not.
Friday, August 12, 2005
Pasco: Hudson man cited for size of profane sign
This is a Florida story. Nice to see the city government acting like an HOA in this case.
HUDSON - A 43-year-old man was cited Tuesday for painting a sign that reads "Die you miserable bitch" on a house he owns, Pasco County sheriff's deputies said. A neighbor dying of cancer, 73-year-old Carol Hastrich, is believed by her family to be the subject of the message, deputies said. The words were spray-painted in black on the side of the house facing Hastrich's front yard. But it was not the meaning of the message that led to Derick Cooper's citation. Deputies told Hastrich's family the message did not violate any laws, her daughter Dea Albertson said Wednesday. Instead, Cooper was cited for an illegal sign because the wording exceeded the permitted size for a sign in a residential area, Pasco Code Enforcement Officer Patrick Phillips said.
This is a Florida story. Nice to see the city government acting like an HOA in this case.
HUDSON - A 43-year-old man was cited Tuesday for painting a sign that reads "Die you miserable bitch" on a house he owns, Pasco County sheriff's deputies said. A neighbor dying of cancer, 73-year-old Carol Hastrich, is believed by her family to be the subject of the message, deputies said. The words were spray-painted in black on the side of the house facing Hastrich's front yard. But it was not the meaning of the message that led to Derick Cooper's citation. Deputies told Hastrich's family the message did not violate any laws, her daughter Dea Albertson said Wednesday. Instead, Cooper was cited for an illegal sign because the wording exceeded the permitted size for a sign in a residential area, Pasco Code Enforcement Officer Patrick Phillips said.
Rockin' the suburbs:
Homeowners associations have the power of government--but what about the accountability?
I didn't write that headline. The newspaper did. This is a story sent on by Marjorie Murray, the legislative advocate on CID housing issues for the California Alliance for Retired Americans. She adds, "Evan -- please post this on your blog. Our two pieces of legislation described in this story -- SB 137 and AB 1098
-- will shortly be sent to the floor for a vote. Don
Chaney's court hearing is August 26th in Auburn, CA
(Placer County.)"
The article describes Don Chaney's lawsuit, which is significant in itself, but then goes on to talk about pending reform legislation, and the larger context of HOAs generally. It's well worth reading.
...two proposed laws making their way to floor votes in the Legislature would do much the same thing. An Assembly bill, sponsored by Dave Jones, D-Sacramento, outlines more clearly what kinds of financial documents homeowners associations would be required to cough up if a member requests them, and also specifies that a homeowner can take an association to small-claims court rather than the more costly Superior Court. A second effort, by Senator Denise Ducheny, D-San Diego, seeks to restrict how homeowners associations are able to foreclose on a home. The proposed changes to state law, which would affect some 9 million Californians, were spearheaded by an unlikely group: retirees.
Homeowners associations have the power of government--but what about the accountability?
I didn't write that headline. The newspaper did. This is a story sent on by Marjorie Murray, the legislative advocate on CID housing issues for the California Alliance for Retired Americans. She adds, "Evan -- please post this on your blog. Our two pieces of legislation described in this story -- SB 137 and AB 1098
-- will shortly be sent to the floor for a vote. Don
Chaney's court hearing is August 26th in Auburn, CA
(Placer County.)"
The article describes Don Chaney's lawsuit, which is significant in itself, but then goes on to talk about pending reform legislation, and the larger context of HOAs generally. It's well worth reading.
...two proposed laws making their way to floor votes in the Legislature would do much the same thing. An Assembly bill, sponsored by Dave Jones, D-Sacramento, outlines more clearly what kinds of financial documents homeowners associations would be required to cough up if a member requests them, and also specifies that a homeowner can take an association to small-claims court rather than the more costly Superior Court. A second effort, by Senator Denise Ducheny, D-San Diego, seeks to restrict how homeowners associations are able to foreclose on a home. The proposed changes to state law, which would affect some 9 million Californians, were spearheaded by an unlikely group: retirees.
Wednesday, August 10, 2005
Supreme Court upholds convictions, sentences of Richard Glassel
Fred Pilot sent this link. Richard Glassel received the death sentence in Arizona for killing two people in an HOA-related dispute. His conviction and death sentence have now been affirmed by the Arizona Supreme Court. Some people have tried to argue that his BOD is to blame for driving him nuts, which I don't buy.
Fred Pilot sent this link. Richard Glassel received the death sentence in Arizona for killing two people in an HOA-related dispute. His conviction and death sentence have now been affirmed by the Arizona Supreme Court. Some people have tried to argue that his BOD is to blame for driving him nuts, which I don't buy.
Residents facing light woes:Burden of funding light bill falls to parish homeowners
I think this is from Louisiana. Fred Pilot sent it. I have no idea how he finds this stuff.
SLIDELL-Though the street lights are burning bright now, residents moving to new subdivisions in St. Tammany will have to decide whether its worth paying the electric bill to keep them on. That's the problem currently facing Ashton Oaks subdivision, located in the Slidell-area, St. Tammany Parish Councilman Barry Bagert said. With three phases up and a fourth almost finished, developers will soon turn electric payments for street lamps over to a homeowner's association that does not have enough members to cover costs.
I think this is from Louisiana. Fred Pilot sent it. I have no idea how he finds this stuff.
SLIDELL-Though the street lights are burning bright now, residents moving to new subdivisions in St. Tammany will have to decide whether its worth paying the electric bill to keep them on. That's the problem currently facing Ashton Oaks subdivision, located in the Slidell-area, St. Tammany Parish Councilman Barry Bagert said. With three phases up and a fourth almost finished, developers will soon turn electric payments for street lamps over to a homeowner's association that does not have enough members to cover costs.
Cost for Bahia dredging now tops $16 million
Assessments push price tag higher for homeowners
Fred Pilot sent this tale of woe from Marin County.
Stuck in bureaucratic limbo, residents of the Bahia neighborhood in northwest Novato are watching the price tag of a court-ordered dredging project continue to climb. Homeowners recently learned the cost of the project had more than doubled. Now, the estimated cost has jumped another $1.2 million - to $16.7 million. The new figure comes from a $90,000 assessment for households directly on the lagoon, and $45,000 for property owners off the lagoon.
Assessments push price tag higher for homeowners
Fred Pilot sent this tale of woe from Marin County.
Stuck in bureaucratic limbo, residents of the Bahia neighborhood in northwest Novato are watching the price tag of a court-ordered dredging project continue to climb. Homeowners recently learned the cost of the project had more than doubled. Now, the estimated cost has jumped another $1.2 million - to $16.7 million. The new figure comes from a $90,000 assessment for households directly on the lagoon, and $45,000 for property owners off the lagoon.
Tuesday, August 09, 2005
The Volokh Conspiracy - Ken Karst on John Roberts-
Ken Karst was one of my constitutional law professors way back when dinosaurs ruled the earth. I will always remember him as a brilliant teacher and distinguished scholar (not unusual at UCLA Law School), a very liberal fellow politically (also not unusual there) and one of the kindest folks you will ever meet (highly unusual at UCLA Law School). Here, from the Volokh Conspiracy, is his take on Judge John Roberts. Follow the link and read it all if you have time.
I am one of those liberal law academics whom Justice Scalia sometimes blames for the Supreme Court's straying from the True Path. Even so, I believe the Senate should confirm Judge Roberts's nomination.
Ken Karst was one of my constitutional law professors way back when dinosaurs ruled the earth. I will always remember him as a brilliant teacher and distinguished scholar (not unusual at UCLA Law School), a very liberal fellow politically (also not unusual there) and one of the kindest folks you will ever meet (highly unusual at UCLA Law School). Here, from the Volokh Conspiracy, is his take on Judge John Roberts. Follow the link and read it all if you have time.
I am one of those liberal law academics whom Justice Scalia sometimes blames for the Supreme Court's straying from the True Path. Even so, I believe the Senate should confirm Judge Roberts's nomination.
Monday, August 08, 2005
All Eyes on Home Market in San Diego - Yahoo! News
Did I hear a "pop" just now?
Once Southern California's hottest real estate market, San Diego is feeling a real estate slowdown. It's a trend also starting to be seen in other regions, such as Las Vegas, Denver, Boston and Washington, D.C. Dramatic rises in home prices, particularly on the West and East coasts, have sparked a nationwide debate about whether the housing market is engulfed in a bubble that is about to burst. San Diego has become a focal point of that discussion. Those who believe the market is about to implode say San Diego's cooling could be among the first signs of a pronounced downturn or even a possible crash in California. But housing industry leaders say the slowing in San Diego reflects the normal damping of a sizzling market that made millionaires out of many homeowners and investors. Because San Diego was the region's hottest market, it's not surprising that it's one of the first to simmer down and return to more normal conditions, they say.
Did I hear a "pop" just now?
Once Southern California's hottest real estate market, San Diego is feeling a real estate slowdown. It's a trend also starting to be seen in other regions, such as Las Vegas, Denver, Boston and Washington, D.C. Dramatic rises in home prices, particularly on the West and East coasts, have sparked a nationwide debate about whether the housing market is engulfed in a bubble that is about to burst. San Diego has become a focal point of that discussion. Those who believe the market is about to implode say San Diego's cooling could be among the first signs of a pronounced downturn or even a possible crash in California. But housing industry leaders say the slowing in San Diego reflects the normal damping of a sizzling market that made millionaires out of many homeowners and investors. Because San Diego was the region's hottest market, it's not surprising that it's one of the first to simmer down and return to more normal conditions, they say.
Friday, August 05, 2005
Moose carcass reek disturbs Abbot woman
I just included this story so you would have some context for the one below. Now you know I wasn't fooling.
I just included this story so you would have some context for the one below. Now you know I wasn't fooling.
Developer has resort plan for Brownville - Diana Bowley
That would be Brownville, Maine. Right down the road from Brownville Jct., Maine, pop. 900, where yours truly lived as a little boy. When I saw this headline I thought for a minute that it was some sort of wicked parody. The idea of a California developer being interested in a tiny hamlet in the Great North Woods of Maine is hard for me to grasp. But I'm all for it. A while back I was reading that if the Canadian Pacific Railroad closed the spur that runs through Brownville Jct., the town would disappear. Now maybe it has a new lease on life.
BROWNVILLE - Could it be that Brownville will become home to a 550-room, four-star hotel, 45,000-square-foot convention center, spa facility, 25,000-square-foot conference center, golf course, golf school and clubhouse, three restaurants and 400 time-share units? That's the concept plan that a California developer has for a 3,500-acre parcel near Norton Pond in this Piscataquis County community. Jim Dennehy of Palm Springs, Calif., doing business as WHG Development, envisions building a premier destination resort called The Reserve at Norton Pond. The majority of its patrons would arrive via passenger rail at a proposed train station.
That would be Brownville, Maine. Right down the road from Brownville Jct., Maine, pop. 900, where yours truly lived as a little boy. When I saw this headline I thought for a minute that it was some sort of wicked parody. The idea of a California developer being interested in a tiny hamlet in the Great North Woods of Maine is hard for me to grasp. But I'm all for it. A while back I was reading that if the Canadian Pacific Railroad closed the spur that runs through Brownville Jct., the town would disappear. Now maybe it has a new lease on life.
BROWNVILLE - Could it be that Brownville will become home to a 550-room, four-star hotel, 45,000-square-foot convention center, spa facility, 25,000-square-foot conference center, golf course, golf school and clubhouse, three restaurants and 400 time-share units? That's the concept plan that a California developer has for a 3,500-acre parcel near Norton Pond in this Piscataquis County community. Jim Dennehy of Palm Springs, Calif., doing business as WHG Development, envisions building a premier destination resort called The Reserve at Norton Pond. The majority of its patrons would arrive via passenger rail at a proposed train station.
Granite City About To Ban Indoor Furniture From Outdoor Sight
I think this is the answer to one of those "you know you're a redneck when..." jokes.
GRANITE CITY, Ill. (AP) -- Furniture meant for indoors shouldn't be used outdoors. That's the view anyway of Granite City, Illinois, officials who are backing a new law that would ban the use of upholstered chairs and couches on porches and in yards.
I think this is the answer to one of those "you know you're a redneck when..." jokes.
GRANITE CITY, Ill. (AP) -- Furniture meant for indoors shouldn't be used outdoors. That's the view anyway of Granite City, Illinois, officials who are backing a new law that would ban the use of upholstered chairs and couches on porches and in yards.
Thursday, August 04, 2005
Condo arson
From Fred Pilot comes this tale of arson, inspired by animosity toward...you guessed it: the alleged perpetrator's condo association.
SANTA MARIA, Calif. - A dozen condominiums were damaged or destroyed by flames after a resident, apparently angry with the homeowners' association, allegedly set fire to his condo.
From Fred Pilot comes this tale of arson, inspired by animosity toward...you guessed it: the alleged perpetrator's condo association.
SANTA MARIA, Calif. - A dozen condominiums were damaged or destroyed by flames after a resident, apparently angry with the homeowners' association, allegedly set fire to his condo.
Wednesday, August 03, 2005
Razor blades in the sand at gated community
Fred Pilot sent this along. So much for being safe because there are no strangers allowed.
NEWPORT BEACH — Thirteen X-Acto blades were found in the sand at a gated Newport Beach community's park after a boy injured his foot while stepping on one over the weekend, officials said Monday. Four blades were found Saturday after 5-year-old Freddy Bloom's foot was pricked inside a Bonita Canyon gated community, Newport Beach police Sgt. Mark Everton said. The child encountered the blade between two coiled rocking horses in the playground, where nothing else of its kind had been reported previously, according to news reports.
Fred Pilot sent this along. So much for being safe because there are no strangers allowed.
NEWPORT BEACH — Thirteen X-Acto blades were found in the sand at a gated Newport Beach community's park after a boy injured his foot while stepping on one over the weekend, officials said Monday. Four blades were found Saturday after 5-year-old Freddy Bloom's foot was pricked inside a Bonita Canyon gated community, Newport Beach police Sgt. Mark Everton said. The child encountered the blade between two coiled rocking horses in the playground, where nothing else of its kind had been reported previously, according to news reports.
Home lost over $1,380 dues:
Venice woman's plight shows need for new laws, activists say
But the industry says this never happens...Thanks to Fred Pilot for the link.
Venice woman's plight shows need for new laws, activists say
But the industry says this never happens...Thanks to Fred Pilot for the link.
Monday, August 01, 2005
Ananova - Christopher Lee to sing at heavy metal festival
I posted this for two reasons. First, it is the strangest headline I have ever read. Second, I have been a Christopher Lee fan since he and Peter Cushing were doing the B movies for Hammer Films. I would love to hear old Saruman doing Heavy Metal.
Octogenarian actor Christopher Lee is reportedly performing at a heavy metal festival in Germany. The 82-year-old Lord of the Rings star is taking part in the Earthshaker Festival in Geiselwind, Bavaria. He will sing with two bands, Manowar and Rhapsody, according to concert organisers. Lee will be accompanied by a live orchestra and a choir and will perform alongside heavy metal bands such as Grave Digger, Dragonlord and Forces of Evil.
I posted this for two reasons. First, it is the strangest headline I have ever read. Second, I have been a Christopher Lee fan since he and Peter Cushing were doing the B movies for Hammer Films. I would love to hear old Saruman doing Heavy Metal.
Octogenarian actor Christopher Lee is reportedly performing at a heavy metal festival in Germany. The 82-year-old Lord of the Rings star is taking part in the Earthshaker Festival in Geiselwind, Bavaria. He will sing with two bands, Manowar and Rhapsody, according to concert organisers. Lee will be accompanied by a live orchestra and a choir and will perform alongside heavy metal bands such as Grave Digger, Dragonlord and Forces of Evil.
Ananova - Thief 'drinks' work of art
I would say that this fellow privatized a public work of "art." Or maybe it was a form of art criticism.
An artist's latest work - a bottle of melted Antarctic ice - may have been stolen and drunk by a thirsty thief. Artist Wayne Hill filled a two-litre clear plastic bottle with melted ice to highlight global warming. But the artwork, valued at £42,500, went missing while on display at a literary festival, reports the Scotsman. Entitled Weapon of Mass Destruction, it vanished halfway through the Ways with Words festival at Dartington Hall, Devon.
I would say that this fellow privatized a public work of "art." Or maybe it was a form of art criticism.
An artist's latest work - a bottle of melted Antarctic ice - may have been stolen and drunk by a thirsty thief. Artist Wayne Hill filled a two-litre clear plastic bottle with melted ice to highlight global warming. But the artwork, valued at £42,500, went missing while on display at a literary festival, reports the Scotsman. Entitled Weapon of Mass Destruction, it vanished halfway through the Ways with Words festival at Dartington Hall, Devon.
A note from Marjorie Murray on the legislative situation in California
Evan -- thanks for posting the CID Homeowner Bill of Rights, sent to the California Law Revision Commission in 2001 by the CID Bill of Rights Coalition.
I just re-read the document on your website and am gratified to see how closely our Coalition has adhered to these basic principles when fighting for good legislation in Sacramento -- legislation that either creates new rights for homeowners or expands and protects existing rights.
This session, for example, the Coalition is sponsoring legislation
[SB 137/Ducheny] to restrain the use of foreclosure to collect assessments and legislation [AB 1098/Jones] to expand the rights of homeowners to inspect and copy financial records. The California Research Bureau reported in 2002 that California's 37,000 associations collect more than $207 million annually in homeowner assessments. However, HOAs either don't report at all how they spend this money or else they report it inaccurately. According to the insurance industry itself, up to 20% of all lawsuits filed by California homeowners against HOAs are for financial mismanagement -- or outright fraud.
The CID industry is fighting both SB 137 and AB 1098 tooth and claw through statewide campaigns.
Both bills will go to floor votes after the Legislature reconvenes from summer recess on August 15.
Please feel free to post this letter on your blog.
Best regards --
Marjorie Murray
Legislative Advocate/CID Housing
Chair, Bill of Rights Coalition
3758 Grand Avenue, Suite 35
Oakland, California 94610
510.272.9826
writzy@aol.com
Evan -- thanks for posting the CID Homeowner Bill of Rights, sent to the California Law Revision Commission in 2001 by the CID Bill of Rights Coalition.
I just re-read the document on your website and am gratified to see how closely our Coalition has adhered to these basic principles when fighting for good legislation in Sacramento -- legislation that either creates new rights for homeowners or expands and protects existing rights.
This session, for example, the Coalition is sponsoring legislation
[SB 137/Ducheny] to restrain the use of foreclosure to collect assessments and legislation [AB 1098/Jones] to expand the rights of homeowners to inspect and copy financial records. The California Research Bureau reported in 2002 that California's 37,000 associations collect more than $207 million annually in homeowner assessments. However, HOAs either don't report at all how they spend this money or else they report it inaccurately. According to the insurance industry itself, up to 20% of all lawsuits filed by California homeowners against HOAs are for financial mismanagement -- or outright fraud.
The CID industry is fighting both SB 137 and AB 1098 tooth and claw through statewide campaigns.
Both bills will go to floor votes after the Legislature reconvenes from summer recess on August 15.
Please feel free to post this letter on your blog.
Best regards --
Marjorie Murray
Legislative Advocate/CID Housing
Chair, Bill of Rights Coalition
3758 Grand Avenue, Suite 35
Oakland, California 94610
510.272.9826
writzy@aol.com
'Hapless toad' case shows how court nominee Roberts thinks...or does it?
This somewhat hysterical column has some good information in it about USSC nominee John Roberts, based on a case decided right after he went to the DC Court of Appeals. But the writer falls for the spin placed on one of Roberts' opinions by environmentalists. Read it for yourself and see what you think.
It's only a "hapless toad,'' in John Roberts' words. But of all the cases in the Supreme Court nominee's career, a dispute over an endangered amphibian in the path of a California homebuilder may provide the best indication of his views on most any major issue likely to come before the court. The July 2003 opinion -- his first after President Bush appointed him to the U.S. Court of Appeals in Washington, D.C. -- questioned an important legal rationale for the Endangered Species Act. The opinion also suggested that Roberts has a narrow interpretation of the federal government's power to regulate interstate commerce, the basis for a wide range of laws... Commentators and advocates on all sides agree that Roberts' opinion stopped short of a definitive statement on either the Endangered Species Act or constitutional limits on federal authority. But Senate Democrats say they plan to make it a focus of Roberts' confirmation hearing.
This somewhat hysterical column has some good information in it about USSC nominee John Roberts, based on a case decided right after he went to the DC Court of Appeals. But the writer falls for the spin placed on one of Roberts' opinions by environmentalists. Read it for yourself and see what you think.
It's only a "hapless toad,'' in John Roberts' words. But of all the cases in the Supreme Court nominee's career, a dispute over an endangered amphibian in the path of a California homebuilder may provide the best indication of his views on most any major issue likely to come before the court. The July 2003 opinion -- his first after President Bush appointed him to the U.S. Court of Appeals in Washington, D.C. -- questioned an important legal rationale for the Endangered Species Act. The opinion also suggested that Roberts has a narrow interpretation of the federal government's power to regulate interstate commerce, the basis for a wide range of laws... Commentators and advocates on all sides agree that Roberts' opinion stopped short of a definitive statement on either the Endangered Species Act or constitutional limits on federal authority. But Senate Democrats say they plan to make it a focus of Roberts' confirmation hearing.
Saturday, July 30, 2005
USATODAY.com - Malibu's rich and famous fight to keep beach private
Mystery Reader points out that today's story about the Michigan Supreme Court mandating public access to the Great Lakes shoreline, across private property, is reminiscent of this blast from the recent past about the Hollywood/Malibu set trying to keep the great unwashed off their coastline.
MALIBU, Calif. — A tide of ordinary people is lapping at the secluded beaches of the rich and famous. Malibu, a 27-mile strip of spectacular coastline northwest of Los Angeles, has been resisting encroachment by average folks for decades. A retreat for Barbra Streisand, Tom Hanks, Dustin Hoffman, Robert Redford, Goldie Hawn, Pierce Brosnan and scores of other Hollywood stars, Malibu has come to connote entertainment royalty watching Pacific sunsets from exclusive sands. Privacy means a lot to celebrities, and they have achieved it by walling off luxurious oceanfront hideouts worth up to $15 million. Now, state officials are moving to assert the public's right to share Malibu's vistas.
Mystery Reader points out that today's story about the Michigan Supreme Court mandating public access to the Great Lakes shoreline, across private property, is reminiscent of this blast from the recent past about the Hollywood/Malibu set trying to keep the great unwashed off their coastline.
MALIBU, Calif. — A tide of ordinary people is lapping at the secluded beaches of the rich and famous. Malibu, a 27-mile strip of spectacular coastline northwest of Los Angeles, has been resisting encroachment by average folks for decades. A retreat for Barbra Streisand, Tom Hanks, Dustin Hoffman, Robert Redford, Goldie Hawn, Pierce Brosnan and scores of other Hollywood stars, Malibu has come to connote entertainment royalty watching Pacific sunsets from exclusive sands. Privacy means a lot to celebrities, and they have achieved it by walling off luxurious oceanfront hideouts worth up to $15 million. Now, state officials are moving to assert the public's right to share Malibu's vistas.
BBC NEWS | Science/Nature | Vegas heading for 'dry future'
The Las Vegas area is exploding with privately governed gated communities, and people are moving there in droves. One unanswered question remains: Where is the water for all these folks--and their lawns and golf courses and swimming pools--going to come from? I am very skeptical of any sentence that includes the words "environmentalists warn," because that is usually followed by an exaggerated or utterly groundles claim based on some bogus computer model. But in the case of Vegas, they may have a point. It is a desert, after all.
Las Vegas is world-renowned as a city of fantasy, flaunting its reputation for excess. It appears a green oasis of refrigerated plenty, set in a blazing desert. But environmentalists warn water supplies could run dry within the next 50 years; while urban sprawl is out of control and development is encroaching on protected areas.
The Las Vegas area is exploding with privately governed gated communities, and people are moving there in droves. One unanswered question remains: Where is the water for all these folks--and their lawns and golf courses and swimming pools--going to come from? I am very skeptical of any sentence that includes the words "environmentalists warn," because that is usually followed by an exaggerated or utterly groundles claim based on some bogus computer model. But in the case of Vegas, they may have a point. It is a desert, after all.
Las Vegas is world-renowned as a city of fantasy, flaunting its reputation for excess. It appears a green oasis of refrigerated plenty, set in a blazing desert. But environmentalists warn water supplies could run dry within the next 50 years; while urban sprawl is out of control and development is encroaching on protected areas.
Amendment would mandate water link for subdivision
Nancy Levy sends this interesting piece from Oregon about the intricate politics of water supply and real estate development.
SALEM — An amendment forcing the Medford Water Commission to treat and transmit water to a rural subdivision in Central Point was added to a plumber's certification bill Wednesday by a House-Senate conference committee. The so-called "stuff and gut" ploy — often used near the end of a legislative session — was engineered by Rep. Dennis Richardson, R-Central Point, who represents the Westwood Subdivision just off Ross Lane. The subdivision, several miles outside the Medford urban growth boundary, relies on wells. But they are going dry as a result of a declining water table and other problems. The enclave of some 60 homes repeatedly has asked the Medford Water Commission to treat and transmit water through a private service line near the subdivision. The line serves a naval reserve station that is on the Pentagon's list for closure.
Chicagoist: Dead People To Be Evicted For New O'Hare Expansion
Mystery Reader send along this Chicago piece about the FAA approval of Mayor Daley's proposal to expand the already humungous O'Hare Airport. Seems it will require digging up 1300 graves and relocating them. The unanswered question is, what voting precinct will these folks be in after they are relocated?
Mystery Reader send along this Chicago piece about the FAA approval of Mayor Daley's proposal to expand the already humungous O'Hare Airport. Seems it will require digging up 1300 graves and relocating them. The unanswered question is, what voting precinct will these folks be in after they are relocated?
Public has right to walk along Great Lakes beaches, Michigan Supreme Court rules
Private property rights haven't been doing well in the courts this year. Here's another example:
People can stroll along Michigan's 3,200 miles of Great Lakes beaches whether owners of adjacent private property like it or not, the state Supreme Court has ruled.
Private property rights haven't been doing well in the courts this year. Here's another example:
People can stroll along Michigan's 3,200 miles of Great Lakes beaches whether owners of adjacent private property like it or not, the state Supreme Court has ruled.
Friday, July 29, 2005
Libertarians Propose Taking Breyer's Land - Yahoo! News
Why not get back in action with one from the "Sauce for the Goose" Department:
PLAINFIELD, N.H. - Libertarians upset about a Supreme Court ruling on land taking have proposed seizing a justice's vacation home and turning it into a park, echoing efforts aimed at another justice who lives in the state. Organizers are trying to collect enough signatures to go before the town next spring to ask to use Justice Stephen G. Breyer's 167-acre Plainfield property for a "Constitution Park" with stone monuments to commemorate the U.S. and New Hampshire constitutions. "In the spirit of the ruling, we're recreating the same use of eminent domain," said John Babiarz, the Libertarian Party's state chairman. The plot mirrors the party's ongoing effort to get the town of Weare, about 45 miles to the southeast, to seize Justice David Souter's home. Souter's property is also the focus of a proposal by a California man who suggested the town turn the farmhouse into a "Lost Liberty Hotel." The efforts are meant in protest of the high court's June ruling that let a Connecticut city take land by eminent domain and turn it over to a private developer. Breyer and Souter supported the decision.
Why not get back in action with one from the "Sauce for the Goose" Department:
PLAINFIELD, N.H. - Libertarians upset about a Supreme Court ruling on land taking have proposed seizing a justice's vacation home and turning it into a park, echoing efforts aimed at another justice who lives in the state. Organizers are trying to collect enough signatures to go before the town next spring to ask to use Justice Stephen G. Breyer's 167-acre Plainfield property for a "Constitution Park" with stone monuments to commemorate the U.S. and New Hampshire constitutions. "In the spirit of the ruling, we're recreating the same use of eminent domain," said John Babiarz, the Libertarian Party's state chairman. The plot mirrors the party's ongoing effort to get the town of Weare, about 45 miles to the southeast, to seize Justice David Souter's home. Souter's property is also the focus of a proposal by a California man who suggested the town turn the farmhouse into a "Lost Liberty Hotel." The efforts are meant in protest of the high court's June ruling that let a Connecticut city take land by eminent domain and turn it over to a private developer. Breyer and Souter supported the decision.
Why haven't I updated this blog since July 15?
I've had a few people ask me that, and it's a good question. The answer is that I went off on vacation to French Lick, Indiana, on July 16. There I had practically zero access to the internet, and what little I had went to dealing with direct e-mails. When I got back home I had so many matters backlogged that I have been spending the week dealing with them and had no time to post anything. However, the good news is that I have a host of great links from many contributors and will be going through them and updating the blog over the weekend.
I've had a few people ask me that, and it's a good question. The answer is that I went off on vacation to French Lick, Indiana, on July 16. There I had practically zero access to the internet, and what little I had went to dealing with direct e-mails. When I got back home I had so many matters backlogged that I have been spending the week dealing with them and had no time to post anything. However, the good news is that I have a host of great links from many contributors and will be going through them and updating the blog over the weekend.
Friday, July 15, 2005
CID Homeowners Coalition letter to California Law Revision Commission, March 9, 2005
Respectfully submitted:
Marjorie Murray, Chair
CID Homeowner Bill of Rights Coalition
Legislative Advocate/CID Housing
3758 Grand Avenue, Suite 35
Oakland, California 94610
510.272.9826
cc: Members, Assembly Housing Committee
Members, Assembly Business and Professions Committee
CID HOMEOWNER BILL OF RIGHTS
On September 25th we will celebrate the 210th anniversary of the ratification of the federal Bill of Rights. To honor this occasion, we the undersigned have ratified ten resolutions comprising a Common Interest Development Homeowner Bill of Rights. Modeled on the Preamble and the Amendments to the U.S. Constitution, this document is meant to inspire public confidence in the concept of the CID, to ensure that this local government institution pursues benevolent goals, and to prevent abuses of power. Any changes to California law governing CIDS must conform to these inviolable principles.
We resolve THAT,
I. Since living in a common interest development (CID) requires an individual citizen to enter into a contract with a governing association, the prospective homeowner must give written informed consent to the terms of the association’s rules and governing documents, but most especially to the Codes, Covenants, and Restrictions (CC&Rs) ten days before close of escrow. The governing documents comprise the contract between the CID and the buyer.
II. No CID board shall abridge a citizen’s freedom of speech or of the press either through direct order or through intimidation or any kind of public abuse; that no board hall abridge the right of homeowner citizens to assemble peaceably or to petition the board for a speedy redress of grievances. No CID board shall abridge freedom of religion.
III. Boards give a full, true and accurate accounting in writing of all association
actions. No actions shall be taken in secret.
IV. Homeowner citizens shall be entitled to speedy access to all association records, particularly to financial records, contracts, and records of governance at any time without exception.
V. Homeowner citizens shall not be deprived of liberty or property, without speedy due process of law. Nor shall private property be taken without just compensation, specifically, there shall be no non-judicial foreclosure.
VI. Homeowner citizens shall have the absolute right to vote on any changes to the terms of the original contract, i.e. changes in rules and amendments to governing documents or fines they are expected to pay. No fine shall exceed the true costs of the remedy.
VII. If accused of violating rules, homeowner citizens are entitled to a speedy and public hearing by an impartial body not selected by the board; the impartial body shall determine the guilt or innocence of the accused and determine what fines, if any, be imposed; that the accused be informed of the nature and cause of the accusation; be confronted with witnesses; and have a compulsory process for obtaining witnesses, records, and advocates. Use of this system does not cancel a citizen’s rights of appeal in the courts.
VIII. Residents shall be treated equally, and not in an arbitrary fashion, without
reference to age, race, gender, cultural lifestyle, sexual orientation, national origin,
marital status, disability or familial status as established by both state and federal laws and regulations.
IX. Rules enacted by a CID association and amendments to its governing documents must conform to all state and federal fair housing and health, safety and welfare laws.
X. Elections shall be in the hands of the homeowner citizens, not the CID board:
ballots shall be secret; no homeowner citizen shall be denied the right to vote for failure to pay any fine or tax, including assessments; directors shall serve no more than two terms and be held accountable for their decisions; the makeup of the board shall reflect the makeup of the association membership.
September 21, 2001/ Congress of California Seniors, Older Women's League,
Sentinel Fair Housing, Consumers Union, Gray Panthers, Charles Egan Goff.
Respectfully submitted:
Marjorie Murray, Chair
CID Homeowner Bill of Rights Coalition
Legislative Advocate/CID Housing
3758 Grand Avenue, Suite 35
Oakland, California 94610
510.272.9826
cc: Members, Assembly Housing Committee
Members, Assembly Business and Professions Committee
CID HOMEOWNER BILL OF RIGHTS
On September 25th we will celebrate the 210th anniversary of the ratification of the federal Bill of Rights. To honor this occasion, we the undersigned have ratified ten resolutions comprising a Common Interest Development Homeowner Bill of Rights. Modeled on the Preamble and the Amendments to the U.S. Constitution, this document is meant to inspire public confidence in the concept of the CID, to ensure that this local government institution pursues benevolent goals, and to prevent abuses of power. Any changes to California law governing CIDS must conform to these inviolable principles.
We resolve THAT,
I. Since living in a common interest development (CID) requires an individual citizen to enter into a contract with a governing association, the prospective homeowner must give written informed consent to the terms of the association’s rules and governing documents, but most especially to the Codes, Covenants, and Restrictions (CC&Rs) ten days before close of escrow. The governing documents comprise the contract between the CID and the buyer.
II. No CID board shall abridge a citizen’s freedom of speech or of the press either through direct order or through intimidation or any kind of public abuse; that no board hall abridge the right of homeowner citizens to assemble peaceably or to petition the board for a speedy redress of grievances. No CID board shall abridge freedom of religion.
III. Boards give a full, true and accurate accounting in writing of all association
actions. No actions shall be taken in secret.
IV. Homeowner citizens shall be entitled to speedy access to all association records, particularly to financial records, contracts, and records of governance at any time without exception.
V. Homeowner citizens shall not be deprived of liberty or property, without speedy due process of law. Nor shall private property be taken without just compensation, specifically, there shall be no non-judicial foreclosure.
VI. Homeowner citizens shall have the absolute right to vote on any changes to the terms of the original contract, i.e. changes in rules and amendments to governing documents or fines they are expected to pay. No fine shall exceed the true costs of the remedy.
VII. If accused of violating rules, homeowner citizens are entitled to a speedy and public hearing by an impartial body not selected by the board; the impartial body shall determine the guilt or innocence of the accused and determine what fines, if any, be imposed; that the accused be informed of the nature and cause of the accusation; be confronted with witnesses; and have a compulsory process for obtaining witnesses, records, and advocates. Use of this system does not cancel a citizen’s rights of appeal in the courts.
VIII. Residents shall be treated equally, and not in an arbitrary fashion, without
reference to age, race, gender, cultural lifestyle, sexual orientation, national origin,
marital status, disability or familial status as established by both state and federal laws and regulations.
IX. Rules enacted by a CID association and amendments to its governing documents must conform to all state and federal fair housing and health, safety and welfare laws.
X. Elections shall be in the hands of the homeowner citizens, not the CID board:
ballots shall be secret; no homeowner citizen shall be denied the right to vote for failure to pay any fine or tax, including assessments; directors shall serve no more than two terms and be held accountable for their decisions; the makeup of the board shall reflect the makeup of the association membership.
September 21, 2001/ Congress of California Seniors, Older Women's League,
Sentinel Fair Housing, Consumers Union, Gray Panthers, Charles Egan Goff.
The peasants are revolting...
Thanks to Nancy Levy for this link:
Just two weeks after the Supreme Court ruled 5-4 in favor of the city in Kelo v. New London, the protest against the taking of homes in Fort Trumbull came full circle. Chanting "Let Them Stay" and flying the Revolutionary War era "Don't Tread on Me" flag, close to 500 protesters rallied at New London' s municipal building on July 5, where five years ago, the City Council voted to authorize the use of eminent domain to seize the homes of Susette Kelo and the six other property owners.
Thanks to Nancy Levy for this link:
Just two weeks after the Supreme Court ruled 5-4 in favor of the city in Kelo v. New London, the protest against the taking of homes in Fort Trumbull came full circle. Chanting "Let Them Stay" and flying the Revolutionary War era "Don't Tread on Me" flag, close to 500 protesters rallied at New London' s municipal building on July 5, where five years ago, the City Council voted to authorize the use of eminent domain to seize the homes of Susette Kelo and the six other property owners.
Wednesday, July 13, 2005
HOA president shot in head during crime patrol
Fred Pilot sent this link to a tragic story from Glendale, Arizona:
The president of a Glendale homeowners association patrolling his townhouse complex early Wednesday was shot by a neighbor who reportedly mistook him for a burglar who moments earlier had broken into his vehicle, authorities said.
Fred Pilot sent this link to a tragic story from Glendale, Arizona:
The president of a Glendale homeowners association patrolling his townhouse complex early Wednesday was shot by a neighbor who reportedly mistook him for a burglar who moments earlier had broken into his vehicle, authorities said.
Tuesday, July 12, 2005
Greenville, SC - 'Christian Exodus' sees Upstate as promised land
Christian Exodus, according to their website,
is moving thousands of Christians to South Carolina to reestablish constitutionally limited government founded upon Christian principles. This includes the return to South Carolina of all "powers not delegated to the United States by the Constitution, nor prohibited by it to the States." 1 It is evident that the U.S. Constitution has been abandoned under our current federal system, and the efforts of Christian activism to restore our Godly republic have proven futile over the past three decades. The time has come for Christian Constitutionalists to protect our American principles in a State like South Carolina by interposing the State's sovereign authority retained under the 10th Amendment of the U.S. Constitution.
The folks described in the article put it in an intriguing fashion:
South Carolina may not be flowing with milk and honey, but it looks like the promised land to the leaders of this group, which hopes to relocate thousands of conservative Christian families like the Janoskis from across America to the Palmetto State. Their aim: to tip the political scales, which they see as already weighted heavily to the right, further in that direction. Secession "is a valid option," said Janoski, a "state coordinator" for the organization -- but he hopes it doesn't come to that.
-------
I think somebody should tell these folks that South Carolina already tried secession, and it is not in fact "a valid option." At least, not since 1865.
Christian Exodus, according to their website,
is moving thousands of Christians to South Carolina to reestablish constitutionally limited government founded upon Christian principles. This includes the return to South Carolina of all "powers not delegated to the United States by the Constitution, nor prohibited by it to the States." 1 It is evident that the U.S. Constitution has been abandoned under our current federal system, and the efforts of Christian activism to restore our Godly republic have proven futile over the past three decades. The time has come for Christian Constitutionalists to protect our American principles in a State like South Carolina by interposing the State's sovereign authority retained under the 10th Amendment of the U.S. Constitution.
The folks described in the article put it in an intriguing fashion:
South Carolina may not be flowing with milk and honey, but it looks like the promised land to the leaders of this group, which hopes to relocate thousands of conservative Christian families like the Janoskis from across America to the Palmetto State. Their aim: to tip the political scales, which they see as already weighted heavily to the right, further in that direction. Secession "is a valid option," said Janoski, a "state coordinator" for the organization -- but he hopes it doesn't come to that.
-------
I think somebody should tell these folks that South Carolina already tried secession, and it is not in fact "a valid option." At least, not since 1865.
Chicago Officials Turn Off 'Jesus' Light - Yahoo! News
Fred Pilot sent along this story. A few weeks ago the Virgin Mary was spotted on a patch of efflorescence on a wall somewhere in Chicago. This week, it is Jesus Christ who has been seen in a streetlight in East Chicago, Indiana. That, of course, has now led to "a large fight." Which deity is next to be spotted in the midwestern urban infrastructure, I wonder? Vishnu? Odin? Zoroaster?
EAST CHICAGO, Ind. - City officials have turned off a streetlight that drew more than 250 people to see a shadow that some say resembles the image of Jesus Christ. East Chicago Police Chief Angelo Machuca called an emergency meeting Sunday to recommend the light be turned off in the interest of public safety after nearby residents complained about blocked cars and visitors congregating until 5 a.m. Several arrests were made Friday night after a large fight broke out in the area.
Fred Pilot sent along this story. A few weeks ago the Virgin Mary was spotted on a patch of efflorescence on a wall somewhere in Chicago. This week, it is Jesus Christ who has been seen in a streetlight in East Chicago, Indiana. That, of course, has now led to "a large fight." Which deity is next to be spotted in the midwestern urban infrastructure, I wonder? Vishnu? Odin? Zoroaster?
EAST CHICAGO, Ind. - City officials have turned off a streetlight that drew more than 250 people to see a shadow that some say resembles the image of Jesus Christ. East Chicago Police Chief Angelo Machuca called an emergency meeting Sunday to recommend the light be turned off in the interest of public safety after nearby residents complained about blocked cars and visitors congregating until 5 a.m. Several arrests were made Friday night after a large fight broke out in the area.
Monday, July 11, 2005
TomPaine.com - Eminent Complaints
Mystery Reader has sent along a most interesting and original take on the nefarious Kelo case, written by Greg LeRoy, author of The Great American Jobs Scam.
Last week’s Supreme Court ruling on the use of eminent domain for economic development raises thorny issues of personal property rights and how best to define “public good.” However, the ruling begs a much broader and pervasive issue: Are localities and states getting a good return for their massive investments in "economic development”? Or are they overspending, and undermining real public goods—like education and infrastructure—that really do promote good economic development?
[more]
Mystery Reader has sent along a most interesting and original take on the nefarious Kelo case, written by Greg LeRoy, author of The Great American Jobs Scam.
Last week’s Supreme Court ruling on the use of eminent domain for economic development raises thorny issues of personal property rights and how best to define “public good.” However, the ruling begs a much broader and pervasive issue: Are localities and states getting a good return for their massive investments in "economic development”? Or are they overspending, and undermining real public goods—like education and infrastructure—that really do promote good economic development?
[more]
channelcincinnati.com - News - 79-Year-Old Shoots Two Intruders, Police Say
Today's episode of Home Defense Theater:
DRY RIDGE, Ky. -- A 79-year-old man armed with a .357 magnum revolver shot two men after they broke into his home overnight...The homeowner told police the two men kicked in his back door just before 5 a.m. Saturday. They tried to flee after being shot. Police said they found one wounded man in the driveway and followed a trail of blood to the other man nearby.
[more]
Today's episode of Home Defense Theater:
DRY RIDGE, Ky. -- A 79-year-old man armed with a .357 magnum revolver shot two men after they broke into his home overnight...The homeowner told police the two men kicked in his back door just before 5 a.m. Saturday. They tried to flee after being shot. Police said they found one wounded man in the driveway and followed a trail of blood to the other man nearby.
[more]
Couple feels right at home in eco-friendly house made of straw
But soon they will wish they were living in the house made of sticks, and when that doesn't hold up to the old huff-and-puff, can the house made of bricks be far behind?
But soon they will wish they were living in the house made of sticks, and when that doesn't hold up to the old huff-and-puff, can the house made of bricks be far behind?
Musings from Brian J. Noggle: Illinois Secedes
I got this link from Instapundit. Our governor has a...well..."unique" conception of his significance in the grand scheme of things. The notion that government officials have a limited role to perform seems not to be in his repertoire. This is the most recent in a series of publicity-grabbing, grandstanding, and supremely arrogant missteps. He thinks he's going to be President someday. Everybody else is thinking that he won't even be Governor after 2006.
I got this link from Instapundit. Our governor has a...well..."unique" conception of his significance in the grand scheme of things. The notion that government officials have a limited role to perform seems not to be in his repertoire. This is the most recent in a series of publicity-grabbing, grandstanding, and supremely arrogant missteps. He thinks he's going to be President someday. Everybody else is thinking that he won't even be Governor after 2006.
Property ruling sparks action by states, Congress
The scale of the public reaction, and now the legislative response, to the abominable Kelo decision is remarkable.
The scale of the public reaction, and now the legislative response, to the abominable Kelo decision is remarkable.
HoustonChronicle.com - Peirce: Privatized neighborhoods aren't the future we want
Nancy Levy sent this link to a piece by nationally-sydicated columnist Neil Peirce, who writes about Bob Nelson's new book, Private Neighborhoods and the Transformation of Local Government, about to be released by the Urban Institute Press. I have read it, and it is by far the best statement to date of the case for residential private government. Bob comes from basically a libertarian perspective, and he has been thinking and writing about HOAs for a long time. This is a major work. I disagree with him on a number of issues--particularly the view that people who move into an HOA should be seen as voluntarily joining an association--but there is no doubting the quality of his work. I think policy makers who are pro-HOA will be using this book as their reference work. However, it is quite radical in that he sees HOAs as replacing local governments. I think increasingly they are becoming an additional layer of government. I don't see the local state withering away anytime soon, certainly not while the "double taxation" principle reigns supreme.
Nancy Levy sent this link to a piece by nationally-sydicated columnist Neil Peirce, who writes about Bob Nelson's new book, Private Neighborhoods and the Transformation of Local Government, about to be released by the Urban Institute Press. I have read it, and it is by far the best statement to date of the case for residential private government. Bob comes from basically a libertarian perspective, and he has been thinking and writing about HOAs for a long time. This is a major work. I disagree with him on a number of issues--particularly the view that people who move into an HOA should be seen as voluntarily joining an association--but there is no doubting the quality of his work. I think policy makers who are pro-HOA will be using this book as their reference work. However, it is quite radical in that he sees HOAs as replacing local governments. I think increasingly they are becoming an additional layer of government. I don't see the local state withering away anytime soon, certainly not while the "double taxation" principle reigns supreme.
Sunday, July 10, 2005
Housing Markets Pricing Out Middle Class
Real estate experts warn that housing prices in many markets are too quickly outpacing the incomes of most workers. The widening gap affects families across the country, from Washington D.C. and Rhode Island to Florida in the South and Nevada and California in the west. In California, the situation has long been the worst: Only 17 percent of households could afford a home with a median price tag in April, according to the California Association of Realtors. By May, the median home price in California climbed to $522,590 — more than double the price in most other states. To buy the typical home with monthly payments of $3,067, a California family would need to earn about $122,700 to qualify for a conventional loan.
Real estate experts warn that housing prices in many markets are too quickly outpacing the incomes of most workers. The widening gap affects families across the country, from Washington D.C. and Rhode Island to Florida in the South and Nevada and California in the west. In California, the situation has long been the worst: Only 17 percent of households could afford a home with a median price tag in April, according to the California Association of Realtors. By May, the median home price in California climbed to $522,590 — more than double the price in most other states. To buy the typical home with monthly payments of $3,067, a California family would need to earn about $122,700 to qualify for a conventional loan.
Arbitrator reverses election results for Deep Creek board
Here's a news article referencing the opinion linked below:
CHARLOTTE COUNTY -- Three Deep Creek residents who lost in a community association election have insisted for months that it was stolen from them. More than two-thirds of the 950 votes cast for them were invalidated. This week, a state arbitrator agreed with them, ruling that the Section 20 Property Owners Association conducted its December election "improperly and in bad faith." Arbitrator Susan Wilkinson Harnden overturned the results and handed board seats immediately to Kim Jakubaitis, Mike Brown and Michael Della Camera. The victors hoped that the order, received Friday, would end another controversy at Section 20, a community with a reputation for wild election fights and raucous meetings monitored by off-duty sheriff's deputies. "It's time that homeowners get to take over and participate instead of the board being the dictators of the community," Jakubaitis said. "It should be the community that runs the community." But not so fast. Friday afternoon, the victors showed up at Section 20's office to get keys and give notice that they would hold their first meeting Monday. According to Jakubaitis, association manager Lee Dunn refused to acknowledge the arbitrator's order, and the situation got so tense that a sheriff's deputy was called to the scene. Dunn could not be reached Friday for comment. Karl Scheuerman, a staff attorney for the state's arbitration program, said the arbitrator's decision is final and can't be appealed...The victors are the first in the state to overturn a property owners association election since October 2004, when a state law took effect that requires election disputes in such associations to be resolved by an arbitrator, rather than going through civil court -- a more time-consuming and costly process.
Here's a news article referencing the opinion linked below:
CHARLOTTE COUNTY -- Three Deep Creek residents who lost in a community association election have insisted for months that it was stolen from them. More than two-thirds of the 950 votes cast for them were invalidated. This week, a state arbitrator agreed with them, ruling that the Section 20 Property Owners Association conducted its December election "improperly and in bad faith." Arbitrator Susan Wilkinson Harnden overturned the results and handed board seats immediately to Kim Jakubaitis, Mike Brown and Michael Della Camera. The victors hoped that the order, received Friday, would end another controversy at Section 20, a community with a reputation for wild election fights and raucous meetings monitored by off-duty sheriff's deputies. "It's time that homeowners get to take over and participate instead of the board being the dictators of the community," Jakubaitis said. "It should be the community that runs the community." But not so fast. Friday afternoon, the victors showed up at Section 20's office to get keys and give notice that they would hold their first meeting Monday. According to Jakubaitis, association manager Lee Dunn refused to acknowledge the arbitrator's order, and the situation got so tense that a sheriff's deputy was called to the scene. Dunn could not be reached Friday for comment. Karl Scheuerman, a staff attorney for the state's arbitration program, said the arbitrator's decision is final and can't be appealed...The victors are the first in the state to overturn a property owners association election since October 2004, when a state law took effect that requires election disputes in such associations to be resolved by an arbitrator, rather than going through civil court -- a more time-consuming and costly process.
Homeowners' Association -- Summary Final Ruling --Section 20 Property Owners' Association, Inc.
This was sent to me by Jan Bergemann of Cyber Citizens for Justice. The term "Division" refers to the Division of Land Sales, Condominiums, and Mobile Homes, which is part of the Florida Department of Business and Professional Regulation. This looks like a ruling that could not only correct this election result, but provide other HOA owners some recourse for election irregularities:
COMES NOW, the undersigned arbitrator, and issues this Summary Final Order as follows:
Pursuant to Chapter 720, Florida Statutes, the Division has jurisdiction over election disputes between homeowners' associations and its members. Section 720.311(1), Florida Statutes, requires the Division to conduct mandatory arbitration of election disputes between a member and an association pursuant to section 718.1255, Florida Statutes, and the rules promulgated by the Division.
....
It is hereby ORDERED:
1. Effective immediately upon issuance of this order, the winners of the 2004 annual election of the board of directors of Section 20 Property Owners' Association are declared to be Mike Brown, Kirn Jakubaitis, and Michael Delia Camera.
2. Edward Halle, David Mooney, Robert Evans, and or any individuals serving in lieu of these candidates, shall step down as directors of the board, immediately. Any official documents of the association in possession of these individuals shall be turned over to the board within 5 business days of this Order.
[and it goes on from there}
This was sent to me by Jan Bergemann of Cyber Citizens for Justice. The term "Division" refers to the Division of Land Sales, Condominiums, and Mobile Homes, which is part of the Florida Department of Business and Professional Regulation. This looks like a ruling that could not only correct this election result, but provide other HOA owners some recourse for election irregularities:
COMES NOW, the undersigned arbitrator, and issues this Summary Final Order as follows:
Pursuant to Chapter 720, Florida Statutes, the Division has jurisdiction over election disputes between homeowners' associations and its members. Section 720.311(1), Florida Statutes, requires the Division to conduct mandatory arbitration of election disputes between a member and an association pursuant to section 718.1255, Florida Statutes, and the rules promulgated by the Division.
....
It is hereby ORDERED:
1. Effective immediately upon issuance of this order, the winners of the 2004 annual election of the board of directors of Section 20 Property Owners' Association are declared to be Mike Brown, Kirn Jakubaitis, and Michael Delia Camera.
2. Edward Halle, David Mooney, Robert Evans, and or any individuals serving in lieu of these candidates, shall step down as directors of the board, immediately. Any official documents of the association in possession of these individuals shall be turned over to the board within 5 business days of this Order.
[and it goes on from there}
Friday, July 08, 2005
Mountain Democrat Online: retired cop shot at--HOA feud to blame?
POLLOCK PINES - In 23 years of duty on the San Francisco Police Department, Paul Seidler, 62, had never been shot at, but all that changed Wednesday at 2 a.m. when three suspects reportedly entered his home on Gold Ridge Lane and shot at him twice, narrowly missing, according to El Dorado County Sheriff's reports. Seidler identifies himself as the country's first openly gay uniformed police officer who acted as a liaison between the SFPD and the gay community after the White Night Riots. While openly homosexual, Seidler said he believes the incident is related to problems he claims he has been having with ongoing harassment from his homeowners association. "It started with the homeowners association," Seidler said. "My house has been paint-balled, tacos were thrown at my car ... the little incidences built up into large incidences." He told the Mountain Democrat that in the past he has criticized the Gold Ridge Forest Property Owners Association. He claimed the association has held meetings without giving notice and voted without the required quorum. Seidler also said he has had trouble with the association since he has built the second story deck on his home, which does not have a door on the back.
POLLOCK PINES - In 23 years of duty on the San Francisco Police Department, Paul Seidler, 62, had never been shot at, but all that changed Wednesday at 2 a.m. when three suspects reportedly entered his home on Gold Ridge Lane and shot at him twice, narrowly missing, according to El Dorado County Sheriff's reports. Seidler identifies himself as the country's first openly gay uniformed police officer who acted as a liaison between the SFPD and the gay community after the White Night Riots. While openly homosexual, Seidler said he believes the incident is related to problems he claims he has been having with ongoing harassment from his homeowners association. "It started with the homeowners association," Seidler said. "My house has been paint-balled, tacos were thrown at my car ... the little incidences built up into large incidences." He told the Mountain Democrat that in the past he has criticized the Gold Ridge Forest Property Owners Association. He claimed the association has held meetings without giving notice and voted without the required quorum. Seidler also said he has had trouble with the association since he has built the second story deck on his home, which does not have a door on the back.
baltimoresun.com - Carroll planning board threatened with jail
Approve this project or be incarcerated, says judge. How's that for local democracy?
Despite a shortage of water and a petition signed by 600 residents, a judge has ordered the Carroll County zoning commission to reverse itself and immediately approve a 254-townhouse project in a badly congested region of the county. The Carroll County Planning and Zoning Commission must approve the Eldersburg project or its members -- including a county commissioner -- could be jailed for contempt, according to Carroll Circuit Judge Michael M. Galloway. The planning commission denied the project last year, citing inadequate facilities in South Carroll, whose population has nearly tripled since 1980. Residents also submitted to the court a petition with more than 600 signatures opposing the project.
Approve this project or be incarcerated, says judge. How's that for local democracy?
Despite a shortage of water and a petition signed by 600 residents, a judge has ordered the Carroll County zoning commission to reverse itself and immediately approve a 254-townhouse project in a badly congested region of the county. The Carroll County Planning and Zoning Commission must approve the Eldersburg project or its members -- including a county commissioner -- could be jailed for contempt, according to Carroll Circuit Judge Michael M. Galloway. The planning commission denied the project last year, citing inadequate facilities in South Carroll, whose population has nearly tripled since 1980. Residents also submitted to the court a petition with more than 600 signatures opposing the project.
Man Sues Mass. for Right to Get Drunk - Yahoo! News
I don't recall having seen "the right to get drunk on private property" in the Bill of Rights, but I suppose it's worth taking another look to see if I missed something.
BOSTON - A man arrested when police showed up to break up a New Year's Eve party at a friend's house has filed a lawsuit, arguing he had a constitutional right to get drunk on private property as long as he didn't cause a public disturbance. Eric Laverriere, 25, of Portland, Maine, was taken into protective custody by Waltham police and locked in a cell for nine hours until the effects of the alcohol wore off. Legal experts said his lawsuit, filed this week in U.S. District Court in Boston, is the first to challenge a state law allowing police to lock up drunk people against their will for their own protection. Laverriere argues that the Massachusetts Protective Custody Law was written to combat public drunkenness and that the police had no right to use it to take him from a private residence.
I don't recall having seen "the right to get drunk on private property" in the Bill of Rights, but I suppose it's worth taking another look to see if I missed something.
BOSTON - A man arrested when police showed up to break up a New Year's Eve party at a friend's house has filed a lawsuit, arguing he had a constitutional right to get drunk on private property as long as he didn't cause a public disturbance. Eric Laverriere, 25, of Portland, Maine, was taken into protective custody by Waltham police and locked in a cell for nine hours until the effects of the alcohol wore off. Legal experts said his lawsuit, filed this week in U.S. District Court in Boston, is the first to challenge a state law allowing police to lock up drunk people against their will for their own protection. Laverriere argues that the Massachusetts Protective Custody Law was written to combat public drunkenness and that the police had no right to use it to take him from a private residence.
SAN FRANCISCO / Tenancies-in-common battle hits courtroom / North Beach owner wants to convert a 6-unit property
This article, sent to me by Nancy Levy, talks about the weird practice of buying buildings as tenants in common, a San Francisco staple. People get together and buy apartment buildings as TCs, instead of doing condo conversions. It can be enormously profitable because they city regulates the purchase price in order to help tenants become owners, but after they buy as TCs they can then sell the building at market rate.
The high-stakes, often cutthroat contest of who buys and who rents homes in one of the world's most competitive real estate markets will play out in a civil trial today in a San Francisco courtroom. The case will determine whether the owners of a rent-controlled North Beach apartment building can evict the 13 tenants who currently live there in order to convert the property into tenancies-in-common for sale and, perhaps one day, lucrative condominiums. But the debate stretches far beyond the six-unit property at 424-434 Francisco St. and strikes at the heart of affordable housing in the city by highlighting the contention surrounding increasingly popular tenancies-in- common, or TICs, in which a group of people collectively own a building but live in separate units and share the mortgage.
This article, sent to me by Nancy Levy, talks about the weird practice of buying buildings as tenants in common, a San Francisco staple. People get together and buy apartment buildings as TCs, instead of doing condo conversions. It can be enormously profitable because they city regulates the purchase price in order to help tenants become owners, but after they buy as TCs they can then sell the building at market rate.
The high-stakes, often cutthroat contest of who buys and who rents homes in one of the world's most competitive real estate markets will play out in a civil trial today in a San Francisco courtroom. The case will determine whether the owners of a rent-controlled North Beach apartment building can evict the 13 tenants who currently live there in order to convert the property into tenancies-in-common for sale and, perhaps one day, lucrative condominiums. But the debate stretches far beyond the six-unit property at 424-434 Francisco St. and strikes at the heart of affordable housing in the city by highlighting the contention surrounding increasingly popular tenancies-in- common, or TICs, in which a group of people collectively own a building but live in separate units and share the mortgage.
Thursday, July 07, 2005
Americans Migrate to Cities in South, West - Yahoo! News
From Fred Pilot comes this AP article summarizing a recent Census Bureau report on how Americans are, as Fred puts, migrating to Privatopia.
WASHINGTON - Skyrocketing housing prices are driving people from San Francisco, Boston and other big cities. Warm weather and more affordable living are behind the rapid growth in midsize cities in Florida, Arizona, Nevada and California.
From Fred Pilot comes this AP article summarizing a recent Census Bureau report on how Americans are, as Fred puts, migrating to Privatopia.
WASHINGTON - Skyrocketing housing prices are driving people from San Francisco, Boston and other big cities. Warm weather and more affordable living are behind the rapid growth in midsize cities in Florida, Arizona, Nevada and California.
SB 186 Senate Bill - Bill Analysis
Fred Pilot sent this link to a California legislative bill analysis dealing with use of association funds for campaign purposes in association elections. There is some interesting language in the analysis, quoting the bill's author, which ai assume is Senator Battin:
Common interest developments (CIDs) . . . are powerful
contractual institutions that help maintain their
residents' property values by enforcing local regulations .
. . When operating as intended, they maintain order as well
as afford relief to local municipalities by providing
homeowners with necessities such as paved roads, water, and
street lights. They may also offer benefits, such as
recreational centers.
Governed by elected boards, CIDs act much like
quasi-governments by levying fees, or "assessments," to
gain the revenues needed for the association to fulfill its
obligations. This authority places a large amount of power
into the hands of the elected board members.
Unfortunately, California law is not specific concerning
the oversight of elections held within CIDs, opening the
possibility for serious abuses of power.
One such instance is when a sitting board or individual
board member uses association funds to pay for
"informational" newsletters that are just thinly veiled
campaign pieces. This is not the purpose for which
assessments are levied, and it gives an unfair advantage to
the incumbents. This is akin to a city council member
using city funds to finance their own campaign, or a
legislator running for office using his or her block grant
. . .
Though many associations have already adopted stringent
guidelines in their articles of incorporation and/or
bylaws, the lack of statutory direction leaves gaping
loopholes open to exploitation. SB 186 addresses this
problem, and in conjunction with SB 61 will serve to
guarantee the sanctity of the ballot box in common interest
developments.
Fred Pilot sent this link to a California legislative bill analysis dealing with use of association funds for campaign purposes in association elections. There is some interesting language in the analysis, quoting the bill's author, which ai assume is Senator Battin:
Common interest developments (CIDs) . . . are powerful
contractual institutions that help maintain their
residents' property values by enforcing local regulations .
. . When operating as intended, they maintain order as well
as afford relief to local municipalities by providing
homeowners with necessities such as paved roads, water, and
street lights. They may also offer benefits, such as
recreational centers.
Governed by elected boards, CIDs act much like
quasi-governments by levying fees, or "assessments," to
gain the revenues needed for the association to fulfill its
obligations. This authority places a large amount of power
into the hands of the elected board members.
Unfortunately, California law is not specific concerning
the oversight of elections held within CIDs, opening the
possibility for serious abuses of power.
One such instance is when a sitting board or individual
board member uses association funds to pay for
"informational" newsletters that are just thinly veiled
campaign pieces. This is not the purpose for which
assessments are levied, and it gives an unfair advantage to
the incumbents. This is akin to a city council member
using city funds to finance their own campaign, or a
legislator running for office using his or her block grant
. . .
Though many associations have already adopted stringent
guidelines in their articles of incorporation and/or
bylaws, the lack of statutory direction leaves gaping
loopholes open to exploitation. SB 186 addresses this
problem, and in conjunction with SB 61 will serve to
guarantee the sanctity of the ballot box in common interest
developments.
Daily Herald | Kane County, Illinois--Batavia: Subdivision residents may be taxed for maintenance
I've been hamstrung in blogging recently because of my office being renovated...v-e-r-r-r-r-y s-l-o-o-o-ow-l-y--and only today, I am told, will my new office computer be hooked up and ready to use.
Here's an Illinois story sent by Fred Pilot. An HOA is not functioning like it should, so the city says--fine, we'll create a special service area and tax you HOA residents for it. As I keep saying, HOAs are rapidly becoming an extension of local government.
For years, Batavia officials have complained no one has taken full responsibility for mowing the grass around the wetlands, keeping the algae out of the ponds and maintaining the entryways at the Davey Farm subdivision. If no one pledges in the next few months to keep up those areas, as well as the half-acre park and other pockets of green space, city officials say residents will pay the price. The city is ready to invoke a special service area drawn up in the 1997 annexation agreement and levy a tax against the homeowners. “The association hasn’t quite gotten its act together,” Alderman Jim Volk said. “They are not keeping up with maintenance.”
I've been hamstrung in blogging recently because of my office being renovated...v-e-r-r-r-r-y s-l-o-o-o-ow-l-y--and only today, I am told, will my new office computer be hooked up and ready to use.
Here's an Illinois story sent by Fred Pilot. An HOA is not functioning like it should, so the city says--fine, we'll create a special service area and tax you HOA residents for it. As I keep saying, HOAs are rapidly becoming an extension of local government.
For years, Batavia officials have complained no one has taken full responsibility for mowing the grass around the wetlands, keeping the algae out of the ponds and maintaining the entryways at the Davey Farm subdivision. If no one pledges in the next few months to keep up those areas, as well as the half-acre park and other pockets of green space, city officials say residents will pay the price. The city is ready to invoke a special service area drawn up in the 1997 annexation agreement and levy a tax against the homeowners. “The association hasn’t quite gotten its act together,” Alderman Jim Volk said. “They are not keeping up with maintenance.”
Wednesday, July 06, 2005
Press release on status of Las Vegas Grand lawsuit
Nancy Levy forwarded this update on the mega-suit against the developer and other "entities" responsible for constructing the Grand--now removed to federal court. But sometimes the federal judge doesn't buy the diversity of citizenship argument, and back she comes. We'll see.
LAS VEGAS, NV, (NAMC) - On June 8, 2005, defendant Vegas Grand filed a motion to transfer the case to the U.S. District Court, for the District of Nevada. The filing immediately removed the case from the Nevada state courts to the federal courts. The case is now pending in the federal court in Nevada and has been assigned to U.S. District Judge James C. Mahan.
Nancy Levy forwarded this update on the mega-suit against the developer and other "entities" responsible for constructing the Grand--now removed to federal court. But sometimes the federal judge doesn't buy the diversity of citizenship argument, and back she comes. We'll see.
LAS VEGAS, NV, (NAMC) - On June 8, 2005, defendant Vegas Grand filed a motion to transfer the case to the U.S. District Court, for the District of Nevada. The filing immediately removed the case from the Nevada state courts to the federal courts. The case is now pending in the federal court in Nevada and has been assigned to U.S. District Judge James C. Mahan.
NBC5.com - News - Chicago Housing Authority To Install Additional Cameras At Developments
Thanks to Nancy Levy for this one. I thought Cabrini Green was supposed to be knocked down and replaced by condos and townhomes by now. Nice to know they can focus in real close on those gunshots. Things sure are under control in Chicago public housing, don't you think?
The Chicago Housing Authority will install police surveillance cameras at additional developments, officials said Wednesday.At a news conference at the Near North District police station, 1160 N. Larrabee St., Mayor Richard M. Daley said the CHA has purchased 24 new bulletproof cameras identical to those used under the 2-year-old "Operation Disruption" and monitored by the city's 911 Center. Ten cameras already are in place at various CHA complexes, including Cabrini-Green, and 14 more will be installed by the end of the year, according to Monique Bond, spokeswoman for the Office of Emergency Management and Communications...Daley said the cameras will also be equipped with the same acoustic sensors used to triangulate the position of nearby gunfire. When gunshots are detected by the cameras, an alarm is sent to the 911 Center and the camera's lens focuses on the area where the gunshot went off..
Thanks to Nancy Levy for this one. I thought Cabrini Green was supposed to be knocked down and replaced by condos and townhomes by now. Nice to know they can focus in real close on those gunshots. Things sure are under control in Chicago public housing, don't you think?
The Chicago Housing Authority will install police surveillance cameras at additional developments, officials said Wednesday.At a news conference at the Near North District police station, 1160 N. Larrabee St., Mayor Richard M. Daley said the CHA has purchased 24 new bulletproof cameras identical to those used under the 2-year-old "Operation Disruption" and monitored by the city's 911 Center. Ten cameras already are in place at various CHA complexes, including Cabrini-Green, and 14 more will be installed by the end of the year, according to Monique Bond, spokeswoman for the Office of Emergency Management and Communications...Daley said the cameras will also be equipped with the same acoustic sensors used to triangulate the position of nearby gunfire. When gunshots are detected by the cameras, an alarm is sent to the 911 Center and the camera's lens focuses on the area where the gunshot went off..
Possible Declaration of Independence copy found in Alabama...
...Nicholas Cage being sought for questioning...
This much is certain: Janice Burks has a copy of the Declaration of Independence, which her late husband said he found in a hidden compartment in a box he bought in Philadelphia decades ago. Past that, the truths are not exactly self-evident...
...Nicholas Cage being sought for questioning...
This much is certain: Janice Burks has a copy of the Declaration of Independence, which her late husband said he found in a hidden compartment in a box he bought in Philadelphia decades ago. Past that, the truths are not exactly self-evident...
Tuesday, July 05, 2005
Man arrested after he rescues swimmer
Today's tale of local government employees run amuck has to be read to be believed. There is little doubt that had this man not done what he did, the fellow he rescued would hve died.
When Dave Newman waded out of the San Marcos River on Sunday afternoon, he was exhausted. He had just pulled Abed Duamni of Houston out of the swirling waters below Joe's Crab Shack and deposited him, safe and sound, on the far shoreline. Then Newman, of San Marcos, was handcuffed, put in a Texas State University police squad car and taken to jail, where he was charged with interfering with public duties.
Today's tale of local government employees run amuck has to be read to be believed. There is little doubt that had this man not done what he did, the fellow he rescued would hve died.
When Dave Newman waded out of the San Marcos River on Sunday afternoon, he was exhausted. He had just pulled Abed Duamni of Houston out of the swirling waters below Joe's Crab Shack and deposited him, safe and sound, on the far shoreline. Then Newman, of San Marcos, was handcuffed, put in a Texas State University police squad car and taken to jail, where he was charged with interfering with public duties.
Harold Berliner: Don't let your taxes pay for private developments
From Nancy Levy comes this link to this remarkable piece by a former elected District Attorney of Nevada County, California, who lays out in detail the dynamics of real estate development that lead to privatization. It even has 25 footnotes. Local governments, he says, are strapped for cash and thus approve residential development projects where the developer promises to build the infrastructure. This is a must-read, especially for people who still doubt that it is land economics that is driving the rise of common interest housing, and who claim that it is all about consumers demanding private governments and deed restrictions.
Local government does not have enough cash on hand to invest in anything but it's most essential, depleted public infrastructure – some of which is 100 years old, and vitally needed to improve present traffic conditions. The present Board and Councils are well aware of these priorities, and hesitate to depend on "iffy" money in the future to finance projects that benefit single developments; especially ones that are trying to off-load their full infrastructure responsibilities and are not significantly helping the present population.
From Nancy Levy comes this link to this remarkable piece by a former elected District Attorney of Nevada County, California, who lays out in detail the dynamics of real estate development that lead to privatization. It even has 25 footnotes. Local governments, he says, are strapped for cash and thus approve residential development projects where the developer promises to build the infrastructure. This is a must-read, especially for people who still doubt that it is land economics that is driving the rise of common interest housing, and who claim that it is all about consumers demanding private governments and deed restrictions.
Local government does not have enough cash on hand to invest in anything but it's most essential, depleted public infrastructure – some of which is 100 years old, and vitally needed to improve present traffic conditions. The present Board and Councils are well aware of these priorities, and hesitate to depend on "iffy" money in the future to finance projects that benefit single developments; especially ones that are trying to off-load their full infrastructure responsibilities and are not significantly helping the present population.
Monday, July 04, 2005
Supreme Court job approval drops
The Kelo decision was announced on June 23. This poll was taken from June 24 to June 26. The switch in approval/disapproval is striking: from 51/39 to 42/48. And that followed on a drop from around 60% approval that had held for several years. From 60% to 42%--it's time for some new blood on this court. O'Connor's replacement can't be put in place too soon for me. (I found this link on Polipundit).
The Kelo decision was announced on June 23. This poll was taken from June 24 to June 26. The switch in approval/disapproval is striking: from 51/39 to 42/48. And that followed on a drop from around 60% approval that had held for several years. From 60% to 42%--it's time for some new blood on this court. O'Connor's replacement can't be put in place too soon for me. (I found this link on Polipundit).
Friday, July 01, 2005
House Votes To Undercut High Court On Property
The Kelo decision has caused such massive public outcry that politicians are seizing on the opportunity to portray themselves as friends of the ordinary property owner. Bills aimed at preventing the use of eminent domain for economic development are moving through several state legislatures, including here in Illinois. And now Congress is getting into the act:
The House voted yesterday to use the spending power of Congress to undermine a Supreme Court ruling allowing local governments to force the sale of private property for economic development purposes. Key members of the House and Senate vowed to take even broader steps soon. Last week's 5 to 4 decision has drawn a swift and visceral backlash from an unusual coalition of conservatives concerned about property rights and liberals worried about the effect on poor people, whose property is often vulnerable to condemnation because it does not generate a lot of revenue. The House measure, which passed 231 to 189, would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall. Historically, eminent domain has been used mainly for public purposes such as highways or airports. The measure, an amendment to an appropriations bill, would apply to funds administered by the departments of Transportation, Treasury, and Housing and Urban Development. House Majority Leader Tom DeLay (R-Tex.) and Majority Whip Roy Blunt (R-Mo.) said they will push for a more inclusive measure that would apply to all federal funds.
The Kelo decision has caused such massive public outcry that politicians are seizing on the opportunity to portray themselves as friends of the ordinary property owner. Bills aimed at preventing the use of eminent domain for economic development are moving through several state legislatures, including here in Illinois. And now Congress is getting into the act:
The House voted yesterday to use the spending power of Congress to undermine a Supreme Court ruling allowing local governments to force the sale of private property for economic development purposes. Key members of the House and Senate vowed to take even broader steps soon. Last week's 5 to 4 decision has drawn a swift and visceral backlash from an unusual coalition of conservatives concerned about property rights and liberals worried about the effect on poor people, whose property is often vulnerable to condemnation because it does not generate a lot of revenue. The House measure, which passed 231 to 189, would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall. Historically, eminent domain has been used mainly for public purposes such as highways or airports. The measure, an amendment to an appropriations bill, would apply to funds administered by the departments of Transportation, Treasury, and Housing and Urban Development. House Majority Leader Tom DeLay (R-Tex.) and Majority Whip Roy Blunt (R-Mo.) said they will push for a more inclusive measure that would apply to all federal funds.
Thursday, June 30, 2005
The Volokh Conspiracy - - Eugene Volokh on Takings, Kelo, and privatization
The funny thing is that, in Kelo v. City of New London, it is the (mostly liberal) majority's test that would give the government flexibility to serve public goals by taking property and selling it to private parties, when the government thinks the private parties will be better positioned to provide the public benefit. And it is the conservative dissenters' test that would give the government a strong incentive to own and operate various enterprises itself, or insist that whoever owns and operates them labor under the burdens of being a "common carrier."
The funny thing is that, in Kelo v. City of New London, it is the (mostly liberal) majority's test that would give the government flexibility to serve public goals by taking property and selling it to private parties, when the government thinks the private parties will be better positioned to provide the public benefit. And it is the conservative dissenters' test that would give the government a strong incentive to own and operate various enterprises itself, or insist that whoever owns and operates them labor under the burdens of being a "common carrier."
civilrights.org -- New Reality Show to Exploit Stereotypes for Suburban Dream Home
Here's a press release found by Nancy Levy that ocmes from a civil rights website. They are upset over a new ABC reality show:
A new ABC reality TV series has sparked outrage from fair housing advocates, who say the show could give homeowners the idea they can engage in housing discrimination and stereotyping without any consequences. According to ABC's web site, in "Welcome to the Neighborhood," seven diverse couples will compete to win a beautiful dream home on a "perfect" suburban cul-de-sac in Austin, Texas. Each week of the six-week series, the competing families will participate in a "challenge" given by three neighborhood families who will serve as "judges." ABC's web site states that "the three neighborhood families who will be judging the competing families all love their quiet, picturesque community and are used to a certain kind of neighbor--one who looks and thinks just like them." The families who will be choosing their neighbors are white. The competing families include an African American family, a Latino family, an Asian American family, and a white gay couple who has adopted an African American baby boy.
Here's a press release found by Nancy Levy that ocmes from a civil rights website. They are upset over a new ABC reality show:
A new ABC reality TV series has sparked outrage from fair housing advocates, who say the show could give homeowners the idea they can engage in housing discrimination and stereotyping without any consequences. According to ABC's web site, in "Welcome to the Neighborhood," seven diverse couples will compete to win a beautiful dream home on a "perfect" suburban cul-de-sac in Austin, Texas. Each week of the six-week series, the competing families will participate in a "challenge" given by three neighborhood families who will serve as "judges." ABC's web site states that "the three neighborhood families who will be judging the competing families all love their quiet, picturesque community and are used to a certain kind of neighbor--one who looks and thinks just like them." The families who will be choosing their neighbors are white. The competing families include an African American family, a Latino family, an Asian American family, and a white gay couple who has adopted an African American baby boy.
Wednesday, June 29, 2005
Drought in Chicago - Parts of Midwest Bake in Summer Heat
In case anybody was wondering, we are experiencing drought conditions here. It hasn't rained more than a few drops in many weeks. Lawns are brown, plants are dying, trees are in danger, the wells most communities in Lake County get water from are drying up and having to be drilled deeper...oh, and developers are dumping a bazillion gallons of water on their new subdivisions to get the lawns and artificial lakes jump-started.
In case anybody was wondering, we are experiencing drought conditions here. It hasn't rained more than a few drops in many weeks. Lawns are brown, plants are dying, trees are in danger, the wells most communities in Lake County get water from are drying up and having to be drilled deeper...oh, and developers are dumping a bazillion gallons of water on their new subdivisions to get the lawns and artificial lakes jump-started.
The Advocate - Proposal: Replace Souter's home with 'Lost Liberty Hotel'
Time for the Great Karmic Wheel to make a great big U-turn in Justice Souter's direction?
Time for the Great Karmic Wheel to make a great big U-turn in Justice Souter's direction?
Institute for Justice $3 Million National Campaign Tells Lawmakers: “Hands Off My Home”
Campaign Seeks to Protect Homeowners & Small Businesses After U.S. Supreme Court Eminent Domain Ruling
Fred Pilot called my attention to this:
Through IJ’s Castle Coalition—a nationwide network of citizen activists determined to stop the abuse of eminent domain in their communities—the Institute for Justice today announced the “Hands Off My Home” campaign to give ordinary citizens the means to protect their homes from government-forced takings for private development. The Institute also made an initial commitment of $3 million to fund the national effort to combat eminent domain at the state and local level. IJ made the announcement less than one week after the U.S. Supreme Court issued its Kelo decision allowing governments to take property from the rightful owner only to hand it over to another private party for his or her private gain.
Campaign Seeks to Protect Homeowners & Small Businesses After U.S. Supreme Court Eminent Domain Ruling
Fred Pilot called my attention to this:
Through IJ’s Castle Coalition—a nationwide network of citizen activists determined to stop the abuse of eminent domain in their communities—the Institute for Justice today announced the “Hands Off My Home” campaign to give ordinary citizens the means to protect their homes from government-forced takings for private development. The Institute also made an initial commitment of $3 million to fund the national effort to combat eminent domain at the state and local level. IJ made the announcement less than one week after the U.S. Supreme Court issued its Kelo decision allowing governments to take property from the rightful owner only to hand it over to another private party for his or her private gain.
My Way News: Chinese riots
As China transforms its economy major civil disturbances are becoming common. The scale of this privatization, much of it dealing with land ownership rights, probably dwarfs even what happened in Eastern Europe. The social dislocation is beyond anything the West has experienced. Just keeping things in perspective...
BEIJING (Reuters) - Thousands of Chinese rioted in a dispute sparked by a lopsided roadside brawl, set fire to cars and wounded six police officers in an outburst likely to worry communist leaders in Beijing desperate to cling on to power. The official Xinhua news agency, in a rare report on a local disturbance, blamed Sunday's riot in Chizhou in dirt-poor eastern Anhui province on a few criminals who led the "unwitting masses" astray. The violence was the latest in a series of protests which the Communist Party, in power since 1949, fears could spin out of control and become a channel for anger over corruption and a growing gap between rich and poor...Protests have become increasingly common in China, fueled by corruption and the widening wealth gap, but authorities are keen to quickly quash dissent and preserve stability...There were more than 58,000 protests, many of them over land rights disputes, across the country in 2003, a Communist Party-backed magazine, Outlook, has reported. This month, villagers in northern Hebei province protesting to keep their land were attacked by a group of armed hired toughs. Six farmers were killed and 48 injured in the ensuing battle.
As China transforms its economy major civil disturbances are becoming common. The scale of this privatization, much of it dealing with land ownership rights, probably dwarfs even what happened in Eastern Europe. The social dislocation is beyond anything the West has experienced. Just keeping things in perspective...
BEIJING (Reuters) - Thousands of Chinese rioted in a dispute sparked by a lopsided roadside brawl, set fire to cars and wounded six police officers in an outburst likely to worry communist leaders in Beijing desperate to cling on to power. The official Xinhua news agency, in a rare report on a local disturbance, blamed Sunday's riot in Chizhou in dirt-poor eastern Anhui province on a few criminals who led the "unwitting masses" astray. The violence was the latest in a series of protests which the Communist Party, in power since 1949, fears could spin out of control and become a channel for anger over corruption and a growing gap between rich and poor...Protests have become increasingly common in China, fueled by corruption and the widening wealth gap, but authorities are keen to quickly quash dissent and preserve stability...There were more than 58,000 protests, many of them over land rights disputes, across the country in 2003, a Communist Party-backed magazine, Outlook, has reported. This month, villagers in northern Hebei province protesting to keep their land were attacked by a group of armed hired toughs. Six farmers were killed and 48 injured in the ensuing battle.
AB 1098 Assembly Bill - Bill Analysis
The ever-alert Fred Pilot noticed this intriguing paragraph in a bill introduced in California to improve member access to HOA and condo association records. The passage is from the arguments against the bill contained in this bill analysis:
The public policy concepts adopted by the California legislature in 1985 established CIDs to relieve the tax burden from local government. The ability to collect assessments to sustain the infrastructure was afforded as well as establishing equitable servitudes via a contract (the CC&Rs) with the owners. In doing so it (the Legislature) did not envision these volunteer driven communities to mirror government. Therefore, CIDs were not given the protection and insulation afforded to government and elected officials.
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Let's unpack this. It seems to reflect the following view: state government "established" residential private governments in 1985 so that local governments wouldn't need to raise property taxes. (Keep in mind that in 1978 Proposition 13 made it impossible for them to do so.) So, CIDs are a way for government to circumvent limits on taxation that were put in place through direct democracy. And CIDs are intentionally illiberal. You are going to get more local government whether you want it or not, and if you won't pay for it, you will get it on the cheap.
Now, keep in mind that what the voters wanted in passing Prop. 13 was a cut in property taxes through reduction in government spending. What they got was an additional level of government that is now costing them a fortune in assessments, along with a ton of headaches. Add up the property tax bill and the assessments, and then you see the real cost of local government in the post-Prop. 13 era.
And how can people continue to view HOAs as always being purely private institutions, when you read something like this? It is becoming obvious that HOAs are, in some places, an extension of the local state. They clearly have the potential to be used by government to extent it's taxing and service delivery capacity and its power--even if the voters have said, "no, thank you."
Comment?
The ever-alert Fred Pilot noticed this intriguing paragraph in a bill introduced in California to improve member access to HOA and condo association records. The passage is from the arguments against the bill contained in this bill analysis:
The public policy concepts adopted by the California legislature in 1985 established CIDs to relieve the tax burden from local government. The ability to collect assessments to sustain the infrastructure was afforded as well as establishing equitable servitudes via a contract (the CC&Rs) with the owners. In doing so it (the Legislature) did not envision these volunteer driven communities to mirror government. Therefore, CIDs were not given the protection and insulation afforded to government and elected officials.
-------------
Let's unpack this. It seems to reflect the following view: state government "established" residential private governments in 1985 so that local governments wouldn't need to raise property taxes. (Keep in mind that in 1978 Proposition 13 made it impossible for them to do so.) So, CIDs are a way for government to circumvent limits on taxation that were put in place through direct democracy. And CIDs are intentionally illiberal. You are going to get more local government whether you want it or not, and if you won't pay for it, you will get it on the cheap.
Now, keep in mind that what the voters wanted in passing Prop. 13 was a cut in property taxes through reduction in government spending. What they got was an additional level of government that is now costing them a fortune in assessments, along with a ton of headaches. Add up the property tax bill and the assessments, and then you see the real cost of local government in the post-Prop. 13 era.
And how can people continue to view HOAs as always being purely private institutions, when you read something like this? It is becoming obvious that HOAs are, in some places, an extension of the local state. They clearly have the potential to be used by government to extent it's taxing and service delivery capacity and its power--even if the voters have said, "no, thank you."
Comment?
Monday, June 27, 2005
BostonHerald.com: Housing bubble trouble - Mass. home sales plunge 11.1 percent
Did you hear something go "pop"?
The bubble hasn't burst, but the air may be leaking out. Massachusetts may be finally entering a buyer's market for homes, experts said yesterday after new data showed the volume of single-family house sales plunged in May by the largest amount in nearly three years. About 4,142 single-family homes sold last month, down 11.1 percent compared to the same period last year. It was the second straight month in which the number of year-over-year home sales declined in the Bay State, the Massachusetts Association of Realtors reported.
Did you hear something go "pop"?
The bubble hasn't burst, but the air may be leaking out. Massachusetts may be finally entering a buyer's market for homes, experts said yesterday after new data showed the volume of single-family house sales plunged in May by the largest amount in nearly three years. About 4,142 single-family homes sold last month, down 11.1 percent compared to the same period last year. It was the second straight month in which the number of year-over-year home sales declined in the Bay State, the Massachusetts Association of Realtors reported.
Saturday, June 25, 2005
BBC: 160k price for laundry 'house'
Coming soon to California...laundry houses.
A former laundry room and kitchen could be turned into an 8ft wide one- bedroomed townhouse worth £160,000 if its owner gets the go-ahead.
Coming soon to California...laundry houses.
A former laundry room and kitchen could be turned into an 8ft wide one- bedroomed townhouse worth £160,000 if its owner gets the go-ahead.
Vicksburg attorney indicted in drive-by shooting - The Clarion-Ledger
Now, there's a headline you don't see every day.
Now, there's a headline you don't see every day.
Watley Review: New York City Invokes Eminent Domain to Acquire New Jersey
I told you the Kelo decision would have bad repurcussions.
Buoyed by the Supreme Court's decision to expand cities' power of eminent domain, New York City filed today to acquire the state of New Jersey for commercial development. "New York has been facing some very difficult economic decisions," said Mayor Michael Bloomberg. "Building viable economic development strategies for the city has been our number one priority. We think that the Supreme Court decision really opens a door for us, and will allow New York City to finally resolve some of these intractable issues."
I told you the Kelo decision would have bad repurcussions.
Buoyed by the Supreme Court's decision to expand cities' power of eminent domain, New York City filed today to acquire the state of New Jersey for commercial development. "New York has been facing some very difficult economic decisions," said Mayor Michael Bloomberg. "Building viable economic development strategies for the city has been our number one priority. We think that the Supreme Court decision really opens a door for us, and will allow New York City to finally resolve some of these intractable issues."
BBC NEWS | UK | Wales | Island fort for sale at 150,000 pounds
If I were interested in moving to a gated community--I said if--this would be the one.
If you are struggling to get on the property ladder in the UK, how about buying a fort just off the coast? Stack Rock Fort, about 800 yards off the west Wales coast near Milford Haven, is for sale for £150,000. The 19th Century fort - complete with a couple of cannons - dates back from the time of Napoleon, when it was initially built as a defence for the river Haven. But it has nowhere to sleep at present, and the new owner will have to sort out sewage, water and power.
If I were interested in moving to a gated community--I said if--this would be the one.
If you are struggling to get on the property ladder in the UK, how about buying a fort just off the coast? Stack Rock Fort, about 800 yards off the west Wales coast near Milford Haven, is for sale for £150,000. The 19th Century fort - complete with a couple of cannons - dates back from the time of Napoleon, when it was initially built as a defence for the river Haven. But it has nowhere to sleep at present, and the new owner will have to sort out sewage, water and power.
Friday, June 24, 2005
George Will gets off the best pithy summary of Kelo...
The question answered yesterday was: Can government profit by seizing the property of people of modest means and giving it to wealthy people who can pay more taxes than can be extracted from the original owners? The court answered yes.
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And that's what it comes down to. Your municipality can force you and your neighbors out of your own homes and replace your entire neighborhood with yuppie townhomes and condos in order to increase property tax revenues.
The question answered yesterday was: Can government profit by seizing the property of people of modest means and giving it to wealthy people who can pay more taxes than can be extracted from the original owners? The court answered yes.
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And that's what it comes down to. Your municipality can force you and your neighbors out of your own homes and replace your entire neighborhood with yuppie townhomes and condos in order to increase property tax revenues.
TCS: Tech Central Station - They Can't Take That Away From Me... Unless They Can
A great article on Kelo and eminent domain, from law professor Stephen Bainbridge. Here's a great line:
After news of Napoleon's victory in the Battle of Austerlitz was conveyed to British Prime Minister William Pitt, Pitt pointed to a map of Europe and said: "Roll up the map; it will not be wanted these ten years." In light of the Supreme Court's decision to side with New London, we might just as well roll up the Takings Clause of the Bill of Rights, because we won't need it any longer.
A great article on Kelo and eminent domain, from law professor Stephen Bainbridge. Here's a great line:
After news of Napoleon's victory in the Battle of Austerlitz was conveyed to British Prime Minister William Pitt, Pitt pointed to a map of Europe and said: "Roll up the map; it will not be wanted these ten years." In light of the Supreme Court's decision to side with New London, we might just as well roll up the Takings Clause of the Bill of Rights, because we won't need it any longer.
Eminent Domain Watch
That's a blog about eminent domain, with lots of reactions to the Kelo decision.
That's a blog about eminent domain, with lots of reactions to the Kelo decision.
Wall Street Journal on Kelo
This is an excellent explanation of the decision, the dissents by O'Connor and Thomas, and why developers who are cozy with local governments now have free reign to profit by snatching your land. Market price now goes out the window. Owners of valuable property will be low-balled by well-connected developers who can now threaten to take the property and have a judge set the price. I think this is one of the worst USSC decisions in decades.
Libertarians must be furious. They just saw the USSC hand them their head in Raich v. Gonzales, the medical marijuana case that says there is no practical limit to the commerce clause (see last paragraph of snippet that follows), and now this. I wonder if libertarians can use these cases to make some headway as a third party? What's the point of sticking with the Republicans if you end up with justices like Kennedy, who won't respect limits on government that are actually written into the constitution?
The Supreme Court's "liberal" wing has a reputation in some circles as a guardian of the little guy and a protector of civil liberties. That deserves reconsideration in light of yesterday's decision in Kelo v. City of New London. The Court's four liberals (Justices Stevens, Breyer, Souter and Ginsburg) combined with the protean Anthony Kennedy to rule that local governments have more or less unlimited authority to seize homes and businesses....
So, in just two weeks, the Supreme Court has rendered two major decisions on the limits of government. In Raich v. Gonzales the Court said there are effectively no limits on what the federal government can do using the Commerce Clause as a justification. In Kelo, it's now ruled that there are effectively no limits on the predations of local governments against private property.
This is an excellent explanation of the decision, the dissents by O'Connor and Thomas, and why developers who are cozy with local governments now have free reign to profit by snatching your land. Market price now goes out the window. Owners of valuable property will be low-balled by well-connected developers who can now threaten to take the property and have a judge set the price. I think this is one of the worst USSC decisions in decades.
Libertarians must be furious. They just saw the USSC hand them their head in Raich v. Gonzales, the medical marijuana case that says there is no practical limit to the commerce clause (see last paragraph of snippet that follows), and now this. I wonder if libertarians can use these cases to make some headway as a third party? What's the point of sticking with the Republicans if you end up with justices like Kennedy, who won't respect limits on government that are actually written into the constitution?
The Supreme Court's "liberal" wing has a reputation in some circles as a guardian of the little guy and a protector of civil liberties. That deserves reconsideration in light of yesterday's decision in Kelo v. City of New London. The Court's four liberals (Justices Stevens, Breyer, Souter and Ginsburg) combined with the protean Anthony Kennedy to rule that local governments have more or less unlimited authority to seize homes and businesses....
So, in just two weeks, the Supreme Court has rendered two major decisions on the limits of government. In Raich v. Gonzales the Court said there are effectively no limits on what the federal government can do using the Commerce Clause as a justification. In Kelo, it's now ruled that there are effectively no limits on the predations of local governments against private property.
Local10.com - Problem Solvers - Attorney General Chastises Davie HOA For Restricting Police Vehicles
Via Fred Pilot and Jan Bergemann, a link to more on the HOA that thinks police cars are bad for property values. Plus, you can vote on it!
Via Fred Pilot and Jan Bergemann, a link to more on the HOA that thinks police cars are bad for property values. Plus, you can vote on it!
Thursday, June 23, 2005
A man's home is... somebody else's piggy-bank - Glenn Reynolds - MSNBC.com
Read the Instapundit on the horrible Kelo decision. Here's a sample:
I predict that this will be a big political issue, on both the left and the right. For Bush and the Republicans it's a big vulnerability -- if they don't do anything about it, many conservatives will stay home in disgust at the next election. On the other hand, if they do something -- like, say, backing Congressional action to limit takings for private use -- they'll offend wealthy real estate developers, merchants, and influential local populations. They'll be squeezed, and I don't think that "help us confirm our judges to reverse this" will be a sufficient answer, though they'll try to make it one. On the left, it's seen (rightly) as a victory for the hated Wal-Mart, and as a rule whose burden is sure to fall mostly on the poor. (When did a city ever level a rich neighborhood for this sort of thing?) On the other hand, the left isn't big on limits to government power, especially in the economic sphere. It's certainly a hot issue on talk radio and in the blogosphere already. I suspect it'll stay that way through the 2006 elections.
Read the Instapundit on the horrible Kelo decision. Here's a sample:
I predict that this will be a big political issue, on both the left and the right. For Bush and the Republicans it's a big vulnerability -- if they don't do anything about it, many conservatives will stay home in disgust at the next election. On the other hand, if they do something -- like, say, backing Congressional action to limit takings for private use -- they'll offend wealthy real estate developers, merchants, and influential local populations. They'll be squeezed, and I don't think that "help us confirm our judges to reverse this" will be a sufficient answer, though they'll try to make it one. On the left, it's seen (rightly) as a victory for the hated Wal-Mart, and as a rule whose burden is sure to fall mostly on the poor. (When did a city ever level a rich neighborhood for this sort of thing?) On the other hand, the left isn't big on limits to government power, especially in the economic sphere. It's certainly a hot issue on talk radio and in the blogosphere already. I suspect it'll stay that way through the 2006 elections.
Tampa: Don't feed the birds! They are ingrates. Plus, you aren't allowed to feed them. Or kill them.
Zephryhills, Florida - Some people who live in a subdivision in a Pasco County community are finding out feeding sandhill cranes has some expensive consequences. State fish and wildlife biologists have verified cranes fed by residents have destroyed screened porches, vinyl siding and car door mirrors and finishes. The birds have caused thousands of dollars damage at nearly a dozen homes in the Oak Run subdivision. Wildlife biologists say it is illegal to feed sandhill cranes in Florida...It’s illegal to harass or injure sandhill cranes, punishable by a $5,000 fine and/or five years in prison.
Zephryhills, Florida - Some people who live in a subdivision in a Pasco County community are finding out feeding sandhill cranes has some expensive consequences. State fish and wildlife biologists have verified cranes fed by residents have destroyed screened porches, vinyl siding and car door mirrors and finishes. The birds have caused thousands of dollars damage at nearly a dozen homes in the Oak Run subdivision. Wildlife biologists say it is illegal to feed sandhill cranes in Florida...It’s illegal to harass or injure sandhill cranes, punishable by a $5,000 fine and/or five years in prison.
The Volokh Conspiracy - -
Here's a link to an excellent post by Todd Zywicki that explains in simple but very pointed language exactly why today's USSC decision in Kelo v. City of New London is an abomination. How's this paragraph:
Rather than laundering it through the government, why not just skip the government as middleman and let Donald Trump take whatever he wants whenever he wants it, and just write a check for it? Then we could skip the pretense that this is anything but rent-seeking.
Here's a link to an excellent post by Todd Zywicki that explains in simple but very pointed language exactly why today's USSC decision in Kelo v. City of New London is an abomination. How's this paragraph:
Rather than laundering it through the government, why not just skip the government as middleman and let Donald Trump take whatever he wants whenever he wants it, and just write a check for it? Then we could skip the pretense that this is anything but rent-seeking.
Home sales 2nd highest in history; housing prices at all-time high
WASHINGTON (AP) - Sales of existing homes slowed slightly in May but still came in at the second-highest level on record with home prices hitting an all-time high. Sales of previously owned homes and condominiums edged down 0.7 percent last month, the National Association of Realtors reported Thursday. The small decline left sales at a seasonally adjusted annual rate of 7.13 million units, down only slightly from the 7.18 million sales pace in April, which had been an all time high. Even with the small drop in sales, home prices moved higher, to an all-time record of $207,000 for the median price, the point where half the homes sold for more and half for less. The new report was likely to do little to lessen concerns that the housing market in some parts of the country is caught in the grip of a speculative fever similar to the bubble that was created in the stock market in the late 1990s before prices came crashing back to earth.
WASHINGTON (AP) - Sales of existing homes slowed slightly in May but still came in at the second-highest level on record with home prices hitting an all-time high. Sales of previously owned homes and condominiums edged down 0.7 percent last month, the National Association of Realtors reported Thursday. The small decline left sales at a seasonally adjusted annual rate of 7.13 million units, down only slightly from the 7.18 million sales pace in April, which had been an all time high. Even with the small drop in sales, home prices moved higher, to an all-time record of $207,000 for the median price, the point where half the homes sold for more and half for less. The new report was likely to do little to lessen concerns that the housing market in some parts of the country is caught in the grip of a speculative fever similar to the bubble that was created in the stock market in the late 1990s before prices came crashing back to earth.
AGENDA MEETING June 25, 2005 -- ADVISORY COUNCIL ON CONDOMINIUMS
Fred Pilot sent me this link to a Cyber Citizens For Justice (CCFJ) post trying to get owner participation at a meeting of Florida's Advisory Council on Condominiums.
Fred Pilot sent me this link to a Cyber Citizens For Justice (CCFJ) post trying to get owner participation at a meeting of Florida's Advisory Council on Condominiums.
KELO V. NEW LONDON
Here is a link to the Legal Information Institute, where the full text of the majority and dissenting opinions can be found.
Here is a link to the Legal Information Institute, where the full text of the majority and dissenting opinions can be found.
Institute for Justice: Property Rights Cases: New London, CT
The Institute for Justice is a libertarian public interest law firm that represented Paulette Kelo in this case. Here is their take on this major defeat for the property owners rights. Coming on the heels of the San Remo Hotel case handed down June 20, and the Lingle v. Chevron case from May 23, this has been a disastrous few weeks for property rights advocates.
“The Court simply got the law wrong today, and our Constitution and country will suffer as a result,” said Scott Bullock, senior attorney for the Institute for Justice. “With today’s ruling, the poor and middle class will be most vulnerable to eminent domain abuse by government and its corporate allies. The 5-4 split and the nearly equal division among state supreme courts shows just how divided the courts really are. This will not be the last word.” “One of the key quotes from the Court to keep in mind today was written by Justice O’Connor,” Bullock said. “Justice O’Connor wrote, ‘Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.’”
The Institute for Justice is a libertarian public interest law firm that represented Paulette Kelo in this case. Here is their take on this major defeat for the property owners rights. Coming on the heels of the San Remo Hotel case handed down June 20, and the Lingle v. Chevron case from May 23, this has been a disastrous few weeks for property rights advocates.
“The Court simply got the law wrong today, and our Constitution and country will suffer as a result,” said Scott Bullock, senior attorney for the Institute for Justice. “With today’s ruling, the poor and middle class will be most vulnerable to eminent domain abuse by government and its corporate allies. The 5-4 split and the nearly equal division among state supreme courts shows just how divided the courts really are. This will not be the last word.” “One of the key quotes from the Court to keep in mind today was written by Justice O’Connor,” Bullock said. “Justice O’Connor wrote, ‘Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.’”
Interest-only loans raise the stakes - 06/13/05
This guy has a nice view from his balcony. Hope he doesn't end up jumping off.
SAN FRANCISCO -- Once a frustrated renter, Chris Economou is now a happy homeowner, enjoying a splendid view of San Francisco and an $80,000 increase in his property's value since he bought the one-bedroom condominium for $435,000 a year ago. He credits his good fortune to an interest-only mortgage, an increasingly popular -- and risky -- loan that enables borrowers to lower their monthly payments enough for several years to afford rapidly escalating home prices in expensive markets like the San Francisco Bay area.
This guy has a nice view from his balcony. Hope he doesn't end up jumping off.
SAN FRANCISCO -- Once a frustrated renter, Chris Economou is now a happy homeowner, enjoying a splendid view of San Francisco and an $80,000 increase in his property's value since he bought the one-bedroom condominium for $435,000 a year ago. He credits his good fortune to an interest-only mortgage, an increasingly popular -- and risky -- loan that enables borrowers to lower their monthly payments enough for several years to afford rapidly escalating home prices in expensive markets like the San Francisco Bay area.
Condo Flip - For Buyers and Sellers of Preconstuction Condos
I read about this website on The Volokh Conspiracy. The headline is "Bubbles are for Bathtubs." It bills itself as "a marketplace for condo flips." My memory of Revelations is a little vague. Is this one of the signs of the Apocalypse? Maybe they should make a movie called "Condo Flip." Then the sequel could be "Condo Flop."
Condo Flip™ lets buyers of preconstruction condos resell or assign those condos to new buyers. Whether you are flipping (selling) or buying, we are preconstruction experts and we've created this site for you!
I read about this website on The Volokh Conspiracy. The headline is "Bubbles are for Bathtubs." It bills itself as "a marketplace for condo flips." My memory of Revelations is a little vague. Is this one of the signs of the Apocalypse? Maybe they should make a movie called "Condo Flip." Then the sequel could be "Condo Flop."
Condo Flip™ lets buyers of preconstruction condos resell or assign those condos to new buyers. Whether you are flipping (selling) or buying, we are preconstruction experts and we've created this site for you!
Supreme Court Rules Cities May Seize Homes
The Kelo case has been decided. A huge win for municipalities and well-connected developers, and a major defeat for property owners and property rights advocates. The ruling is 5-4, because Justice Kennedy sided with the liberals (Stevens, Ginsburg, Breyer, and Souter).
WASHINGTON -- A divided Supreme Court ruled that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth conflicts with individual property rights. Thursday's 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas. As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.
The Kelo case has been decided. A huge win for municipalities and well-connected developers, and a major defeat for property owners and property rights advocates. The ruling is 5-4, because Justice Kennedy sided with the liberals (Stevens, Ginsburg, Breyer, and Souter).
WASHINGTON -- A divided Supreme Court ruled that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth conflicts with individual property rights. Thursday's 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas. As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.
Wednesday, June 22, 2005
Sewer supervision in Arkansas: Judge pushing for government oversight of decentralized sewers
Nancy Levy sends this interesting story of a judge's efforts to corral private sewer systems in many real estate developments (many probably run by HOAs) under some sort of governmental supervisory umbrella:
County Judge Jerry Hunton has spent this month cultivating his push for governmental involvement in the supervision of decentralized sewer systems installed in Washington County. Hunton initially planted the seed of supervision in May at a Rural Development Authority meeting, at which he proposed the body consider filling a managerial role over the systems. "We need to set up an authority that would oversee these decentralized sewers in unincorporated parts of the county," Hunton said Tuesday. "We simply need an authority that says how they’re going to be managed in the long term, that if there’s a need for replacement parts and replacement fields, to make sure the money is there and generated by that subdivision."
Nancy Levy sends this interesting story of a judge's efforts to corral private sewer systems in many real estate developments (many probably run by HOAs) under some sort of governmental supervisory umbrella:
County Judge Jerry Hunton has spent this month cultivating his push for governmental involvement in the supervision of decentralized sewer systems installed in Washington County. Hunton initially planted the seed of supervision in May at a Rural Development Authority meeting, at which he proposed the body consider filling a managerial role over the systems. "We need to set up an authority that would oversee these decentralized sewers in unincorporated parts of the county," Hunton said Tuesday. "We simply need an authority that says how they’re going to be managed in the long term, that if there’s a need for replacement parts and replacement fields, to make sure the money is there and generated by that subdivision."
South Norfolk condo project passes (HamptonRoads.com/Pilot Online)
Nancy Levy notes that these owners may get "high octane water."
CHESAPEAKE — Despite concerns about school crowding, environmental red flags and project details that were not provided to the council until just before their meeting, the City Council voted to approve a condominium project in a predominantly industrial section of South Norfolk on Tuesday night. Mill Creek Village, a 272-unit project that will sit adjacent to a junkyard, a tow-truck manufacturer and a multi-track rail switching corridor, was approved by a 5-3 vote...A vote on a second development, Portlock Square, a roughly 30-unit project next door, fronting on Bainbridge Boulevard, was delayed late Tuesday after City Engineer Eric Martin said tests on the property detected high enough levels of petroleum products in the soil and groundwater that the results are reportable to the state Department of Environmental Quality.
Nancy Levy notes that these owners may get "high octane water."
CHESAPEAKE — Despite concerns about school crowding, environmental red flags and project details that were not provided to the council until just before their meeting, the City Council voted to approve a condominium project in a predominantly industrial section of South Norfolk on Tuesday night. Mill Creek Village, a 272-unit project that will sit adjacent to a junkyard, a tow-truck manufacturer and a multi-track rail switching corridor, was approved by a 5-3 vote...A vote on a second development, Portlock Square, a roughly 30-unit project next door, fronting on Bainbridge Boulevard, was delayed late Tuesday after City Engineer Eric Martin said tests on the property detected high enough levels of petroleum products in the soil and groundwater that the results are reportable to the state Department of Environmental Quality.
Hollywood moves to seize woman's storefronts so developer can build condos: South Florida Sun-Sentinel
From Nancy Levy comes this story of a big-time municipal land grab, that deals with an issue similar to the Kelo case now before the USSC.
Over the objections of a man who said Hollywood is stealing his family's land to enrich a powerful developer, the City Commission voted Tuesday night to begin eminent-domain proceedings on a small retail building downtown to make way for a $100 million condo project.
From Nancy Levy comes this story of a big-time municipal land grab, that deals with an issue similar to the Kelo case now before the USSC.
Over the objections of a man who said Hollywood is stealing his family's land to enrich a powerful developer, the City Commission voted Tuesday night to begin eminent-domain proceedings on a small retail building downtown to make way for a $100 million condo project.
Community Associations Institute (CAI): New Membership Structure
Instead of “associations” being members of CAI, volunteer community leaders and homeowners will hold individual memberships as of July 1. Member benefits, including discounts, will be available only to those who hold individual memberships.
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As George Starapoli and Fred Pilot point out, this means that CAI no longer has a membership category for "homeowner associations." This reinforces what I (and others) have been saying for many years. CAI is a 501 (c) (6) trade association that represents the interests of lawyers, property managers, and other providers of services to HOAs. It doesn't represent homeowner associations or the owners who live in them. I don't mean that as a negative comment. I think it is a good thing that such a trade association exists, because professionals need specialized training to do this work, and they should seek to represent their interests in the policy process. It is a basic constitutional liberty (freedom of association) guaranteed by the First Amendment. Owners and associations should organize on their own and not expect CAI to serve their needs. However, I have been critical of CAI representatives, such as lobbyists, for claiming to represent owners and associations, which they have done on many occasions while pushing legislation. They don't, they never really did, and it is an impossible conflict of interests for a trade association to also seek to represent consumers of their services. Maybe this new structure moves things closer to toward acknowledging the actual situation.
Instead of “associations” being members of CAI, volunteer community leaders and homeowners will hold individual memberships as of July 1. Member benefits, including discounts, will be available only to those who hold individual memberships.
------------------------------------
As George Starapoli and Fred Pilot point out, this means that CAI no longer has a membership category for "homeowner associations." This reinforces what I (and others) have been saying for many years. CAI is a 501 (c) (6) trade association that represents the interests of lawyers, property managers, and other providers of services to HOAs. It doesn't represent homeowner associations or the owners who live in them. I don't mean that as a negative comment. I think it is a good thing that such a trade association exists, because professionals need specialized training to do this work, and they should seek to represent their interests in the policy process. It is a basic constitutional liberty (freedom of association) guaranteed by the First Amendment. Owners and associations should organize on their own and not expect CAI to serve their needs. However, I have been critical of CAI representatives, such as lobbyists, for claiming to represent owners and associations, which they have done on many occasions while pushing legislation. They don't, they never really did, and it is an impossible conflict of interests for a trade association to also seek to represent consumers of their services. Maybe this new structure moves things closer to toward acknowledging the actual situation.
Tuesday, June 21, 2005
$90 million home sets US property record
Not bad for a three-bedroom house.
A 40-acre estate in the Hamptons - the Long Island summer retreat of New York's rich and famous, has been sold for $US90 million, a new US record for a residential property.
Not bad for a three-bedroom house.
A 40-acre estate in the Hamptons - the Long Island summer retreat of New York's rich and famous, has been sold for $US90 million, a new US record for a residential property.
An Inside Look at Supreme Court Decision-Making
Nancy Levy sends this link to a fascinating glimpse into how the USSC makes up its collective mind on matters of great consequence.
Nancy Levy sends this link to a fascinating glimpse into how the USSC makes up its collective mind on matters of great consequence.
Secret database kept on airline passengers
Congress ordered the Transportation Security Administration not to gather personal information about airline passengers. So, the TSA hired private data brokers to do it for them, and put it in a secret database--which looks like a violation of the Privacy Act of 1974. Another example of using privatization to get around limits on government action?
WASHINGTON -- A federal agency collected extensive personal information about airline passengers although Congress told it not to and it said it wouldn't, according to documents obtained by The Associated Press. A Transportation Security Administration contractor used three data brokers to collect detailed information about U.S. citizens who flew on airlines in June 2004 in order to test a terrorist screening program called Secure Flight, according to documents that will be published in the Federal Register this week. The Privacy Act of 1974 prohibits the government from keeping a secret database.
Congress ordered the Transportation Security Administration not to gather personal information about airline passengers. So, the TSA hired private data brokers to do it for them, and put it in a secret database--which looks like a violation of the Privacy Act of 1974. Another example of using privatization to get around limits on government action?
WASHINGTON -- A federal agency collected extensive personal information about airline passengers although Congress told it not to and it said it wouldn't, according to documents obtained by The Associated Press. A Transportation Security Administration contractor used three data brokers to collect detailed information about U.S. citizens who flew on airlines in June 2004 in order to test a terrorist screening program called Secure Flight, according to documents that will be published in the Federal Register this week. The Privacy Act of 1974 prohibits the government from keeping a secret database.
Private space flight--a new project
In an effort to promote space exploration, a private group plans today to launch the first spacecraft to sail in Earth orbit on the solar wind. If successful, the mission will provide scientific proof for a concept that has captivated science fiction for decades - that ships can travel great distances across the heavens under the power of giant solar sails nudged by the faint energy of light itself. The satellite, called Cosmos 1, was built in Russia to the specifications of the Planetary Society, a group based in Pasadena, Calif., that raised almost $4 million for the project.
In an effort to promote space exploration, a private group plans today to launch the first spacecraft to sail in Earth orbit on the solar wind. If successful, the mission will provide scientific proof for a concept that has captivated science fiction for decades - that ships can travel great distances across the heavens under the power of giant solar sails nudged by the faint energy of light itself. The satellite, called Cosmos 1, was built in Russia to the specifications of the Planetary Society, a group based in Pasadena, Calif., that raised almost $4 million for the project.
Sunday, June 19, 2005
Chicago Tribune: Christmas in June? Bah, humbug
From Mystery Reader comes this tale of what happens to neighborhoods that don't have HOAs to make you rip down all your holiday decorations on December 26--assuming they let you put them up in the first place.
Summer arrived early this year with a string of steamy days, but in some of Aurora's older neighborhoods it's continuing to look a lot like Christmas. On the roof of a porch on Claim Street, three white reindeer paw at asphalt shingles below icicle lights rimming the second-story roofline. Nearby, at a home on Root Street, a plastic Santa smiles next to a front door festooned with long red ribbons and greetings for a season long since passed. A recent canvass of downtown neighborhoods by 2nd Ward Ald. Juany Garza found as many as 120 homes still decorated for Christmas at a time of year when Frosty the Snowman would become Peter the Puddle in a matter of minutes. Garza left letters asking the residents to take down the decorations by Thursday...The city does not have the authority to force people to take down the decorations, Garza said, so the letter-writing campaign is intended to encourage it. Letters written in English and Spanish explain the out-of-season decorations reflect poorly on the community.
From Mystery Reader comes this tale of what happens to neighborhoods that don't have HOAs to make you rip down all your holiday decorations on December 26--assuming they let you put them up in the first place.
Summer arrived early this year with a string of steamy days, but in some of Aurora's older neighborhoods it's continuing to look a lot like Christmas. On the roof of a porch on Claim Street, three white reindeer paw at asphalt shingles below icicle lights rimming the second-story roofline. Nearby, at a home on Root Street, a plastic Santa smiles next to a front door festooned with long red ribbons and greetings for a season long since passed. A recent canvass of downtown neighborhoods by 2nd Ward Ald. Juany Garza found as many as 120 homes still decorated for Christmas at a time of year when Frosty the Snowman would become Peter the Puddle in a matter of minutes. Garza left letters asking the residents to take down the decorations by Thursday...The city does not have the authority to force people to take down the decorations, Garza said, so the letter-writing campaign is intended to encourage it. Letters written in English and Spanish explain the out-of-season decorations reflect poorly on the community.
Isabel Victims in Va. Get Unexpected Bills From FEMA
Fred Pilot sent this link that was originally unearthed by Patrick's HOA News. And these are victims of Hurricane Isabel, not my 7 year old daughter. It seems that the condo association made a mistake in purchasing flood insurance from a private carrier instead of FEMA.
When the floodwaters from Hurricane Isabel inundated the Belle View condominium complex in September 2003, causing nearly $6 million in damage, condo owner Stephen Snell had to flee to a nearby motel for two weeks because the water and mold caused him to have serious breathing problems. Nearly two years after the hurricane, Snell, a consultant, said he and dozens of other Belle View residents were "dumbfounded" when they received a collection letter from the Federal Emergency Management Agency last month. The letter demanded repayment of disaster relief money the agency awarded Snell and other residents of the beleaguered condo complex, which sits just off the George Washington Memorial Parkway in Fairfax County, south of Alexandria. It gave them a 30-day deadline to pay. FEMA recently demanded that about 147 condo owners repay at least part of the funds they were awarded -- a total of about $140,000. The agency said that under condo association bylaws, the federal government should not have to cover some repairs.
Fred Pilot sent this link that was originally unearthed by Patrick's HOA News. And these are victims of Hurricane Isabel, not my 7 year old daughter. It seems that the condo association made a mistake in purchasing flood insurance from a private carrier instead of FEMA.
When the floodwaters from Hurricane Isabel inundated the Belle View condominium complex in September 2003, causing nearly $6 million in damage, condo owner Stephen Snell had to flee to a nearby motel for two weeks because the water and mold caused him to have serious breathing problems. Nearly two years after the hurricane, Snell, a consultant, said he and dozens of other Belle View residents were "dumbfounded" when they received a collection letter from the Federal Emergency Management Agency last month. The letter demanded repayment of disaster relief money the agency awarded Snell and other residents of the beleaguered condo complex, which sits just off the George Washington Memorial Parkway in Fairfax County, south of Alexandria. It gave them a 30-day deadline to pay. FEMA recently demanded that about 147 condo owners repay at least part of the funds they were awarded -- a total of about $140,000. The agency said that under condo association bylaws, the federal government should not have to cover some repairs.
WFTV.com - News - Masked Men Rob Elderly Couple At Their Casselberry Condo
As Nancy Levy observes, this sort of thing undermines the "security" claims many gated community developers like to make.
Police are searching for two masked men in Casselberry who they say robbed a 70-year-old man inside his own home.According to the Casselberry Police Department, around 8 o'clock Friday morning, two men, wearing dark clothing from head to toe, forced their way into a fifth floor condo unit at Carmel By The Lake. Police say, the man and woman who live in the particular unit are in their 70s. The suspects were hiding in the stairwell when the elderly man opened the door to go to an appointment. They pushed him back inside, shoved the woman to the ground and took an undisclosed amount of jewelry, including the jewelry the victims were wearing. The Carmel By The Lake condos are gated. There's only one way in and one way out.
As Nancy Levy observes, this sort of thing undermines the "security" claims many gated community developers like to make.
Police are searching for two masked men in Casselberry who they say robbed a 70-year-old man inside his own home.According to the Casselberry Police Department, around 8 o'clock Friday morning, two men, wearing dark clothing from head to toe, forced their way into a fifth floor condo unit at Carmel By The Lake. Police say, the man and woman who live in the particular unit are in their 70s. The suspects were hiding in the stairwell when the elderly man opened the door to go to an appointment. They pushed him back inside, shoved the woman to the ground and took an undisclosed amount of jewelry, including the jewelry the victims were wearing. The Carmel By The Lake condos are gated. There's only one way in and one way out.
New Joisey: More on the pending adoption of the Uniform Common Interest Ownership Act
Fred Pilot sends the link to this update...
A bill being considered by the state Senate that would change the way homeowners associations operate received mixed reaction from residents of Rossmoor on Wednesday.
The bill, called the Uniform Common Interest Ownership Act, would create uniform practices in the areas of alternative dispute resolution, bidding and elections.
If approved, the bill will require homeowners association board meetings, including work sessions, to be open to the public, public forums would be required in any meeting where votes are held and elections would have to be tabulated unanimously and run independently.
In addition, executive boards would be required to explain to their constituents why they accepted a bid, however they need not select the lowest bidder.
Fred Pilot sends the link to this update...
A bill being considered by the state Senate that would change the way homeowners associations operate received mixed reaction from residents of Rossmoor on Wednesday.
The bill, called the Uniform Common Interest Ownership Act, would create uniform practices in the areas of alternative dispute resolution, bidding and elections.
If approved, the bill will require homeowners association board meetings, including work sessions, to be open to the public, public forums would be required in any meeting where votes are held and elections would have to be tabulated unanimously and run independently.
In addition, executive boards would be required to explain to their constituents why they accepted a bid, however they need not select the lowest bidder.
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