Look before you leap into a condo lifestyle
Fred Pilot located this. Here's a pithy little snippet:
Condo buildings "can be very political," said Jeff Turk, a private equity fund managing partner who recently served on a homeowners association board of a condo in Chicago for two years. "They are literally microclimates . . . in terms of issues that affect one side of the building that doesn't affect the other, like noise from a parking garage, or light creating different heating and ventilation on one side of the building than the other, or a leak in the floor of a rooftop level unit that doesn't affect units underneath it." The issues "can be very contentious or just plain very expensive," said Turk.

Former Massage Therapist and Home Stager Teaches Homeowners how Having High Energy and Rediscovering Your True Self Creates a 'You' Home
Nancy Levy says she couldn't resist sending this and I can see why. Here's the payoff line:

New business shows homeowners how to personalize homes in a sea of cookie cutter and generic design...Ayanna is a woman with a mission. She assists and teaches homeowners how to uncover who they truly are so that they will make better choices in all aspects in their lives and especially their homes.

Developer, buyers wage war over Panama island project - Sacramento Business Journal:
From Fred Pilot comes this saga that you need a subscription to read.

CLRC doesn't want to hold HOA elctions to public standards
Thanks to Fred Pilot for this latest from the California Law Revision Commission.

Residents losing their say about managing - National - smh.com.au
Thanks to Nancy Levy for this development from the land down under.

AMENDMENTS TO UNIFORM COMMON INTEREST OWNERSHIP ACT
This is the "Homeowners' Bill of Rights Act" in draft form, produced by the National Conference of Commissioners on Uniform State Laws. There are several Bills of Rights for HOA and condo owners floating around these days. Sooner or later I'll have to sit down and compare them.
ps: I had an email from Jan Bergemann of Cyber Citizens for Justice calling to my attention the following text from the document:
AMERICAN BAR ASSOCIATION ADVISOR
GARY A. POLIAKOFF, 3111 Stirling Road, Ft. Lauderdale, FL 33312-6525, ABA Advisor

Jan notes that CCFJ considers attorney Poliakoff--a prominent member of CAI and active on CAI's legislative agenda--one of CCFJ's most dedicated opponents and he notes that Poliakoff's law firm organized what Jan describes as an "anti-homeowner group." The UCIOA amendment project is viewed with skepticism by HOA activists in any event.

yourrossmoor.com
Thanks to Gilbert Doubet, Rossmoor, Walnut Creek, CA, for sending me this link to the website of "Your Rossmoor." Doubet quotes me as saying, "“...small but vocal anti-HOA owners groups are organizing, using the internet as their medium and gaining attention from the press," and then says, "That's us in spades."

L'Eggo My Lego
It seems that this really happened in the space-time continuum that we inhabit. The question is, how will kids who have been brainwashed in this fashion function in the HOAs that I assume they will buy into at some future date? Maybe this is good preparation...

Some Seattle school children are being told to be skeptical of private property rights. This lesson is being taught by banning Legos. A ban was initiated at the Hilltop Children's Center in Seattle. According to an article in the winter 2006-07 issue of "Rethinking Schools" magazine, the teachers at the private school wanted their students to learn that private property ownership is evil. According to the article, the students had been building an elaborate "Legotown," but it was accidentally demolished. The teachers decided its destruction was an opportunity to explore "the inequities of private ownership." According to the teachers, "Our intention was to promote a contrasting set of values: collectivity, collaboration, resource-sharing, and full democratic participation." The children were allegedly incorporating into Legotown "their assumptions about ownership and the social power it conveys." These assumptions "mirrored those of a class-based, capitalist society -- a society that we teachers believe to be unjust and oppressive." They claimed as their role shaping the children's "social and political understandings of ownership and economic equity ... from a perspective of social justice."

The LA Suburb that the law forgot...
This story is about as shocking as anything you are likely to read today.

Cudahy resembles a Mexican border town more than it does a Los Angeles suburb. Entrenched gangs and Mexican drug trafficking have trapped working-class legal and illegal immigrants in a cycle of violence and fear, in a city where less than a quarter of the 28,000 residents are eligible to vote. An uneducated city council, a deeply troubled police force imported from Maywood two towns over, and the raw power of the 18th Street Gang — a complex criminal organization with a knack for setting up business fronts and obscuring underground drug activity — make Cudahy residents seem like hostages in their own city. By most accounts, Cudahy City Council members — two retired union managers, an insurance salesman, a waitress and a grocer — do not run the city as they were elected to do. Rather, they defer to City Manager Perez, a former janitor who is known to favor revenue traps such as DUI and driver’s license checkpoints over aggressive tactics that make gangs and drug dealers less comfortable.

Homeowners group's ex-leader accused of theft
Thanks to Jean Winters for this very disturbing story about HOA misconduct:

Something had gone wrong in the quiet Boca Rio Townhomes neighborhood near the Broward County line, residents noticed last year. The sprinklers stopped working. Broken fences weren't mended. The grass turned brown in their orderly suburban community. No one answered the phone at the clubhouse anymore, and those who did get through to homeowners association President Betty Marshal met obstinate refusal to let them see the books. One resident, Randy Gavitt, started digging further. What he says he uncovered led to Marshal's resignation as board president and a lawsuit filed Friday in Palm Beach County Circuit Court. Marshal, a 68-year-old grandmother, gambled away nearly $500,000 of her association's money and fled to Pennsylvania, residents allege in the lawsuit. Over three years, she used the association's debit card and withdrew as much as $30,000 a month on what appear to be personal expenses at the Seminole Hard Rock Casino in Hollywood, online gambling sites and the chocolate factory in her hometown of Hershey, Pa., and for airline tickets and other items, the lawsuit says. She left the neighborhood in disrepair and $662,070 poorer.

Community Associations Institute - New England Chapter -- Court Limits Liability for Third Party Web Postings
Here's a post advising CAI people about a California Supreme Court case (Barrett v. Rosenthal) that limits liability for re-posting on a web site the libelous posts of other people, based on a provision of the Communications Decency Act of 1996. CAI's advice is still on the side of caution, saying HOAs should still be careful about reposting potentially defamatory material. Seems like good advice to me. Thanks to Shu Bartholomew for pointing this out.

The ruling applies only in California, but many trends begin there, and legal analysts say it is possible that other courts will adopt this court’s “freedom of Internet speech” logic if confronted with suits raising similar questions. On the other hand, most associations would no doubt prefer not to end up in a protracted (and expensive) legal battle, even if it’s a battle they might ultimately win. So the best advice, still, is probably to assume the association would be sued for potentially libelous statements and avoid posting them, or having them posted, on the community’s Web site, in newsletters or any other communications venues the association controls.

ABC News: New England Town Prints Up Its Own Currency
So give me one good reason why HOAs can't do the same.

AB 1164 Assembly Bill - INTRODUCED
Fred Pilot sent this link to a piece of legislation introduced in California that would prohibit sole-provider agreements between apartment owners (and HOA developers and boards, as I read the summary) and video or broadband providers. Developers have been granting cable companies monopolies in exchange for a simple covenant banning antennas.

This bill would prohibit a provider of video service or broadband
service from entering into an agreement with any person owning,
leasing, controlling, or managing buildings or dwellings that would
diminish or interfere with the rights of any tenant or other occupant
of the building or dwelling to the use of any video service or
broadband service offered by another party.

Tennessee Center for Policy Research: Al Gore’s Personal Energy Use Is His Own “Inconvenient Truth”
Gore’s home uses more than 20 times the national average
Now that Al Gore has his Oscar and his Nobel Peace Prize nomination, I suppose boring facts like this are irrelevant, but I ran across this on The Drudge Report, so here it is. I didn't watch the Oscars, but the news today is full of what went on. Environmental scientist Leonardo DiCaprio pronounced it the "green" Oscars. Does that mean that the stars flew in on private jets fueled by organic peanut butter?

Gore’s mansion, located in the posh Belle Meade area of Nashville, consumes more electricity every month than the average American household uses in an entire year, according to the Nashville Electric Service (NES). In his documentary, the former Vice President calls on Americans to conserve energy by reducing electricity consumption at home. The average household in America consumes 10,656 kilowatt-hours (kWh) per year, according to the Department of Energy. In 2006, Gore devoured nearly 221,000 kWh—more than 20 times the national average. Last August alone, Gore burned through 22,619 kWh—guzzling more than twice the electricity in one month than an average American family uses in an entire year. As a result of his energy consumption, Gore’s average monthly electric bill topped $1,359. Since the release of An Inconvenient Truth, Gore’s energy consumption has increased from an average of 16,200 kWh per month in 2005, to 18,400 kWh per month in 2006.

Do fence me in - Los Angeles Times
Nancy Levy flagged this story. I have my doubts about this claim that gated communities are all that popular.

If a man's home is his castle, gates are the modern equivalent of living behind the moat. Gated communities, in fact, are the fastest-growing form of housing in the U.S., according to census data. Why? Those who opt for gates point to reduced crime and traffic, a safer environment for children and the prestige of living somewhere that's exclusive. But not everyone likes being sealed off from the world. Some people view gates as elitist or don't want the bother of calling the guards each time a visitor is expected. Whether new or old, suburban or urban, surrounded by affluence or a gritty neighborhood, a secured perimeter with controlled access generally makes a home more expensive. "Gated communities command a higher price when they enter the market," said Setha Low, an anti-gates anthropologist who wrote "Behind the Gates: Life, Security and the Pursuit of Happiness in Fortress America." "Their advantage diminishes as the development ages and their maintenance costs increase." The view on the ground in Southern California comes from John Karevoll, chief analyst for DataQuick Information Systems, a La Jolla-based real estate research firm. "There is initially a bit more value to those properties. In general, 5% to 7%.

Retirement community rift pits Baby Boomers against the elderly
Marjorie Murray, President of the Center for California Homeowner Association Law, sent me the link to this story about a new issue that needs some serious consideration:

Sprawling retirement communities are attempting to spruce up facilities to appeal to the onslaught of Baby Boomers, while the longtime residents worry that they are subtly being nudged out the gate. Out in Walnut Creek, where the "active retirement" community of Rossmoor is experiencing growing pains, resident Dick Hayes, 71, a former president of the Residents Association, speaks for many retirees. "I think there is an attempt, and it may be subtle and unconscious, to get rid of the 80- and 90-year-olds,'' says Hayes.

wcbstv.com - Officials To Review Rat-Infested KFC Inspection
See my post criticizing the cozy relationship between the so-called "Health Department" of NYC and the infamous rat-infested KFC. Now check this out. The dump was inspected the day before CBS filmed rats doing half-gainers into tubs of extra crispy wings and running laps around the feet of horrified diners. Result: congRATulations! You pass the Health Department inspection! Read the comments of the "health department spokesman" who doesn't want to prejudge anybody or anything like that. Heaven forfend.

(CBS) NEW YORK Health officials are going to review the inspection of a Greenwich Village KFC/Taco Bell, which was completed one day before CBS 2 cameras caught dozens of rats scurrying across the store, jumping on tables, and climbing into food trays. "It doesn't look like the inspection that was done Thursday met our standards," said Geoffrey Cowley, a health department spokesman. "I don't want to prejudge that. We're concerned and we're going to carefully revaluate that inspection."

wcbstv.com - KFC Rats Still Talk Of Greenwich Village--municipal government (in)action!
The Health Department had cited this dump numerous times for live rats all over the place but left it open. KFC/Taco Bell (remember the Taco Bell e. coli outbreak?) obviously knew or should have known the place was a rat carnival. Now that the local TV station has filmed and broadcast the rodent festivities, and the video is all over the world, the city and the mega-corporation and the New York restaurant industry flacks are telling us how high their standards are. Right. Scroll down to the bottom and see what an ex-employee had to say:

Marcus Bonner said he used to work at this chain and would often see rodents coming inside. "That's where the rats come from, there's a hole in the back where the garbage is," Bonner said. "There's a hole about three-to-four inches wide. So easy they just walk through. They don't have to squeeze through. "I quit because it was nasty. They don't use gloves to make the food. They use the same grease day after day after day. At night, the manager told me to put the chairs up. We don't sweep; we don't mop. So that's what the rats are eating off, the stuff that's left on the floors."


To me, the moral of the story is that sometimes an industry works out a cozy relationship with government that allows the industry to, shall we say, underperform. The public doesn't know how bad things are until something really awful happens and the media finds out about it. Until then, it is business as usual. And if somebody starts asking for more regulation of the industry, in this case restaurants, the industry will swear up and down that this time they have really, really, learned their lesson, and they can handle the whole thing internally.

Cox & Forkum: Holy Smoke and Mirrors
This one got me to laugh at 8:00am, which is a good thing.

CHICAGO SUN-TIMES : The perfect shock: Condo dreams turn into nightmares with $100,000 special assessments

Thanks to Dick Simpson for giving me this. I keep telling people to watch out for huge special assessments in the years to come. Check this one out:

About 100 condo owners at two renovated buildings...have faced special assessments as high as $100,000 apiece to pay for damage they say is caused by shoddy construction. The two condominium buildings are undergoing a total of $7 million in repairs, and their boards have filed lawsuits asking the developers to take responsibility for alleged construction defects. A legal expert says the jaw-dropping extra assessments result from a perfect storm of condo conversion circumstances: A lack of oversight by the city, buyers with stars in their eyes and little information and developers who claim they have no assets to correct defects after they sell the condos.

FOXNews.com - Connecticut Woman May Win Battle for Old Glory -
EAST WINDSOR, Conn. — The Connecticut condominium association that asked the mother of a National Guardsman to remove her flags and flagpole will allow the woman to keep Old Glory flying if she moves her flagpole from the center of her lawn, FOXNews.com learned Wednesday.

Senate OKs 'home for sale' sign right
Here's some legislative action from Arizona:

PHOENIX — Homeowners hoping to find a buyer won't have to keep their offering a secret from passing traffic, regardless of homeowner association rules, under the terms of legislation approved Monday by the state Senate. On a 28-1 vote, senators agreed to give would-be sellers the unfettered right to put signs on their own properties. The measure, SB 1062, now goes to the House.

New York House - Can homeowner association bar worship at its clubhouse? Religious group alleges fair-housing violation

Unless and until state constitutional protections apply to large HOAs, banning religious activity in the common areas probably will be allowed. The Twin Rivers case could begin to change that.

Until 2004 the Savanna Club Worship Service Inc. conducted its worship services in the Savanna Homeowners Association clubhouse or common areas. But the homeowner association received numerous complaints from its members regarding use of the common areas for religious services. One of the reasons for the complaints was such usage was contrary to the stated purpose of making the common areas available for use and enjoyment of the members of the association. After receiving numerous complaints, the association conducted an informal vote of its members. They voted 714 to 434 to prohibit religious services in their common areas. As a result, the association adopted a rule that "No portion of the common areas of Savanna Club may be used for any religious service." Following enactment of the rule, the worship club continued holding its services. But the homeowner association filed a court petition for mediation. Following mediation, the club stopped holding its religious services in the common areas. The worship club then brought this lawsuit against the Savanna Club Homeowners Association, alleging the rule barring religious services violates the federal Fair Housing Act. If you were the judge would you rule the homeowner association rule barring religious services in the common areas violates the Fair Housing Act?

The judge said no!

Investigation: Money Missing From Condo Association Funds - News
Thanks to Nancy Levy for this link. There have been many such cases over the years, and we can expect more.

WILLOUGHBY, Ohio -- Hundreds of thousands of dollars are missing from condo association funds across northeast Ohio, NewsChannel5 reported. In an exclusive report, Carolina Leid said the FBI is investigating a local business and its owners. MultiVest Management works with condo associations in seven counties. Leid reported that the money associations paid toward keeping their properties maintained is gone.

Humans' beef with livestock: a warmer planet | csmonitor.com
They don't want much, these global warming folks. All we have to do is abandon our cars and walk everywhere, live in the dark, and switch from meat to mung bean burgers. It would be a lot like the Middle Ages, except without the roast beef.

As Congress begins to tackle the causes and cures of global warming, the action focuses on gas-guzzling vehicles and coal-fired power plants, not on lowly bovines. Yet livestock are a major emitter of greenhouse gases that cause climate change. And as meat becomes a growing mainstay of human diet around the world, changing what we eat may prove as hard as changing what we drive.

Inman Real Estate News - Condos: the good, the bad, the ugly
Thanks to Shu Bartholomew for the link to this promo for a book, "Tips and Traps When Buying a Condo, Co-op, or Townhouse, Second Edition" by Robert Irwin. Here's an interesting excerpt:

This ultra-complete book uses many pages warning about the negatives of cooperative apartment buildings, found mostly in New York, Chicago, Florida and a few California cities. The huge negative of the board of directors' inquisition approval or disapproval of prospective co-op buyers and renters, Irwin warns, holds down the market value of co-ops compared to equivalent condominiums that do not require approval of prospective buyers. As the current and previous owner of several condominiums, Irwin shamelessly shows his battle scars from dealing with boards of directors and architectural committees. He warns condo buyers to read the CC&Rs (covenants, conditions and restrictions), by-laws and rules before purchase, but don't think you can change these limitations after you buy.

Link to the Twin Rivers argument
I had an email from Frank Askin, attorney for the Committee for a Better Twin Rivers. He is still optimistic about the eventual outcome of the case, and so am I. Here is a link to the oral argument, if you haven't heard it. Just scroll down to the Twin Rivers link.

Here's the appellate court link for Pratt v. McMahon
Thanks to Fred Pilot for tracking this down. This Pratt v. McMahon is one of numerous appellate court matters involving the McMahons. I think there are three underlying lawsuits that have given rise to numerous appellate court case numbers. The ones that say "McMahon v. Superior Court" are probably writs. That would mean there was an adverse ruling short of final judgment, and the McMahons appealed from that ruling while the case was still pending in the trial court. So there aren't as many cases at it appears. Each writ would have its own case number, even if they all came from the same underlying lawsuit. Note that the law firm of Peters & Freedman has sued the McMahons as well, and that one is in the appellate courts. So two law firms (P & F and attorney Pratt) have sued them. The McMahons took a a writ up from some ruling in that case on May of 2006 that was denied. I think it was a SLAPP motion. The current appeal, having to do with denial of the SLAPP motion, was filed by the McMahons in November of 2006. The docket shows that the McMahons want more time to file briefs.

Case Summary
Trial Court Case: 06CC01968
Court of Appeal Case: G038236
Division: 3
Case Caption: Pratt v. McMahon et al.
Case Type: Civil
Filing Date: 02/08/2007
Oral Argument Date/Time:
Cross Referenced Cases
G013464 Palacio Del Mar Homeowner Assn v. Superior Court et al.
G028742 Palacio Del Mar Homeowners Assoc. v. McMahon et al.
G034741 McMahon et al. v. The Superior Court of California et al.
G034993 McMahon et al. v. Orange County Superior Court et al.
G035129 McMahon et al. v. Orange County Superior Court et al.
G035705 McMahon et al. v. Orange County Superior Court et al.
G035713 McMahon et al. v. The Superior Court of California et al.
G037017 McMahon et al. v. The Superior Court of California et al.
G037871 Peters & Freedman, LLP v. McMahon et al.

Speculation about a possible explanation for the disappearance of AHRC?
I do not know if any of the following explains why the American Homeowners Resource Center has been down, but for what it's worth, Fred Pilot sent me this link to the Edgewater Isle website that suggests there is a defamation suit against Elizabeth and Arnold McMahon (the folks behind AHRC). The site also speculates that this lawsuit may be the reason the AHRC site is down. I don't know if that's what happened (see below). The Edgewater Isle page has links to (1) a cached AHRC article about Jeffrey Pratt; (2) a screen shot of that article; and (3) a page from the Orange County, CA, Superior Court web docket about the Pratt v. McMahon lawsuit.

I assume the McMahons and/or Mr. Pratt can confirm or deny it in pretty short order, and if there is any correction to be made I will do so.

UPDATE: I checked the Banner site for the OC Superior Court, Civil Division. The Plaintiff in case no. 06CC01968 is Jeffrey R. Pratt, who is representing himself. The Defendants are Elizabeth and Arnold McMahon, and they are represented by attorney Philip A. Putman. The case was filed on 1/6/06. There was a hearing on a SLAPP motion on 1/17/07. That must have been brought by the McMahons--SLAPP means "strategic lawsuit against public participation," and such motions are brought by defendants to dismiss cases that are allegedly filed to silence their voices on public issues.

Then you see a notice of appeal (2/8/07) filed by Elizabeth McMahon and a request to prepare a transcript (2/14/07). That seems to indicate that the lawsuit is over or that some major issue has been decided, and the McMahons lost and either are appealing a final judgment or taking an interlocutory appeal on a major issue (the SLAPP motion, for example). Without more detail I can't be certain, but going just off the docket, that's what it looks like. Again, the McMahons or Mr. Pratt can correct me on this if I'm wrong.

Now, what was the judgment from which they are appealing? And does that judgment have anything to do with the disappearance of AHRC? It might take a trip to the courthouse in Orange County to sort that out, and being here in Chicago I guess I'll leave that to somebody else.

You can get this info and more on the attorney who I think must be the correct Mr. Pratt at www.lawyers.com. He appears to be a solo practitioner who does HOA law, among other things.

Jeffrey R. Pratt, Attorney at Law
3636 Nobel Drive, Suite 200
San Diego, California 92122

Jeffrey R. Pratt, Attorney at Law practices in the following areas of law:
Civil Litigation and Trial Practice, Real Estate and Real Property, Business Litigation, Construction, Homeowner Association Disputes.
Firm Profile:
Experienced litigator and solo practitioner, dedicated to providing effective legal solutions and personalized service.
Firm Size: 1

Again, I invite comment or correction--I'm just trying to advance the story with what I know.

Homes Of The Future - NAHB Takes A Guess
NAHB manages to describe every aspect of this future home in the minutest detail without ever mentioning the homeowner and condominium associations that will be universal. They do note that "neighborhoods or communities will have more open space with walking and jogging trails," which implies common area.

Jacksonville.com: First Coast Community: Ponte Vedra: Story: Homeowner groups reject proposed bill 02/14/07
The reporting and headline in this article are beyond inept. There is no "homeowner group" doing or saying anything. It is just an uncritical report of an HOA lawyer opposing regulation of HOAs and proposing instead to give them more power. The press needs to get more educated on the players in order to cover HOA legislation. You see a lot of this sloppy writing about "homeowner groups." There are HOAs, which are created by developers and are mandatory membership organizations into which owners are conscripted. I don't think they are "groups" at all. They are corporate entities with limited purposes. Then there are industry groups like CAI, which is a trade association that has a small percentage of the nation's HOAs as members. That is clearly a professional organization and in no sense a homeowner group. And then there are the groups actually organized by real live home owners to represent their interests in the policy process. Those, in my opinion, are the only "homeowner groups." They are real groups, and the members are real homeowners. But most reporters don't seem to get this. Here's Exhibit A: a story about how "homeowner groups reject proposed bill," that presents as gospel the views of an HOA lawyer who has his own idea of good laws: giving HOA veto power over issuance of governmental building permits, and exempting HOAs from Florida's sunshine laws, so they can make decisions in secret. My question for reporter Christina Abel is, "How wrong can you get it?" Don't they teach these people anything in J-School?

A bill that will be considered by the Florida House this spring has at least one local attorney worried about the effects it could have on the way local homeowner associations operate and enforce their rules. Attorney Barry Ansbacher, who has been representing the Marsh Landing Homeowner Association in its efforts to get St. Johns County to recognize their right to enforce covenants, said at a meeting of homeowner association representatives Monday that House Bill 433 is a major concern...Another issue that could affect homeowner associations is an amended ordinance Ansbacher has drafted for Marsh Landing that would require neighborhood residents to get their association's approval before going to the county to get a building permit.

Currently, residents apply to their homeowner associations and their association's architectural review boards for approval if they are going to build something or make structural changes, but that approval isn't necessary before the applicant can go to the county for approval.

In addition, the amendment would change the ordinance so that county homeowner associations are not subject to Florida Sunshine Laws. Currently, Ansbacher said, the associations are considered a government agency and therefore must abide by Sunshine laws, including announcing their association meetings to the public and not conducting informal discussions between one or more members of the association outside a public meeting.

Skyscraper 'Lights Out' is for the birds, in a good way
All you condo owners and office dwellers had better learn to live in the dark:

In the Twin Cities, a group of avian advocates plans to ask high-rise building owners to turn off unnecessary interior and exterior lights from midnight until dawn during spring and fall migrations. Their goal? To ensure a safer passage for millions of birds along the Mississippi Flyway.

Bloomberg.com: Home Prices Fell in Half U.S. Cities in 4th Quarter
Feb. 15 (Bloomberg) -- Home prices fell in half of U.S. cities in the fourth quarter as a housing slump forced sellers to accept lower prices, the National Association of Realtors said. The median price for a single-family home fell in 73 of 149 metropolitan areas studied by the Chicago-based real estate trade group. The national median price for a previously owned house was $219,300 in the fourth quarter, down 2.7 percent from a year earlier when the median price was $225,300, the group said in a report today...The national median existing condominium and co-op price was $220,900, down 2.1 percent from $225,700 a year earlier. The national figure covers 58 markets. The trade group said condo prices dropped the most in the New Orleans, Louisiana area, which is struggling to recover from the effects of Hurricane Katrina. Condo prices plunged 29 percent to $147,100 from $206,100 a year earlier.

SPB race pits Fox against Jacobson
Here's an example of a candidate moving from the condo board to city politics:

SOUTH PALM BEACH — Voters will choose between Murray Fox and Maury Jacobson for mayor when they go to the polls on March 13...Fox is founder and former president of the South Palm Beach Condo and Co-op Association. He resigned the post to run for mayor. The group has scheduled a debate between the two candidates at 7 p.m. March 8 at the The Barclay condominium, 3546 S. Ocean Blvd. Fox is president of the Dune Deck Condominium Association. He also has a seat on the town's Board of Adjustment, which meets as needed.

Antarctic temperatures disagree with climate model predictions
...but don't let the facts get in the way of giving an Oscar to Al Gore.
COLUMBUS , Ohio – A new report on climate over the world's southernmost continent shows that temperatures during the late 20th century did not climb as had been predicted by many global climate models. This comes soon after the latest report by the Intergovernmental Panel on Climate Change that strongly supports the conclusion that the Earth's climate as a whole is warming, largely due to human activity. It also follows a similar finding from last summer by the same research group that showed no increase in precipitation over Antarctica in the last 50 years. Most models predict that both precipitation and temperature will increase over Antarctica with a warming of the planet.

Junk-filled house condemned by town (February 15, 2007)
look at the lengths the city went to in order to help this lady, over a 4 year period. Would an HOA have shown the same sense of compassion, or just proceeded with violation notices and a court proceeding?

WEST YARMOUTH - Ann Biglin crammed so many things into her house on Nauset Road that she had little choice but to crawl out a window to reach the rest of the world.The structure has now been condemned and Biglin is in the hospital, Yarmouth police and health officials said yesterday...Her home has not had heat since 2005 and the bathroom was not working either, Yarmouth Health Director Bruce Murphy said...''She was just using an electric blanket,'' he said. After discussions with police and the town's building inspector, health inspectors condemned the building as unfit for human habitation, Murphy said. Police have worked with Biglin, 53, for the past four years on what Xiarhos said is one of the toughest cases of hoarding he has seen. Off-duty police officers have helped Biglin clean her home and accompanied her to doctors appointments, he said. In 2003 inmates from the Barnstable County Jail came to her home to clean the yard but it didn't last, Xiarhos said.

A challenge to cut signs
My family and I live in Lindenhurst, in Lake County, IL. We have village council election coming up. The incumbents are unpopular because they were all set to embrace a big mixed use development project that involved a TIF district, and at the last minute they encountered massive public opposition to the TIF and were forced to back down. None of them seemed to have the slightest idea how a TIF worked, but they were swept up in the developer's rhetoric about how great it was. And it was...for the developer. The school districts and other taxing bodies would have taken it in the neck. The public figured it out before their "leaders" did, and the school district were going to sue (and probably win) because the area subject to the TIF wasn't really "blighted" as the statute requires. The outcry produced a slate of challengers for the incumbents' council seats, and my guess is that on election day the incumbents will be toast. I think they know that. So now, the incumbents have come up with a brilliant strategy: they have proposed a joint agreement between the two slates not to use any yard or roadside campaign signs. Of course, the challengers will have none of it, because they need the signs to generate name recognition and demonstrate their level of support in the community. That's what yard and road signs are for, and that's why municipalities are prohibited from banning them (per the US Supreme Court). That's also why HOAs should be legally prohibited from banning them. And it is exactly why the incumbents want a sign-free campaign--so they can have the name recognition advantage. They don't admit that, of course. It's all about aesthetics, you see. Right. See you on election day.

Lindenhurst village board incumbents have asked their challengers to reduce environmental pollution by not using yard and roadside campaign signs. The request was made in a letter sent to mayoral challenger Susan Lahr by the incumbent’s slate, the Lindenhurst Community Party. “People get upset with signs, especially campaign signs,” said Mayor James Betustak. “If they agree not to put them up, we will, too. “If they don’t agree, then we will have to decide what to do. It is tough to not have campaign signs when your opponents do.” Lahr said her slate’s platform is to foster open and frequent communication. “We feel that yard signs are a means of informing residents that there is a choice,” she said. If the Community Party is worried about the environment, Lahr said, they should further investigate light and noise pollution the Village Green development would create. Village Green is a multi-use development proposed for the northwest corner of routes 45 and 132 that includes more than 400,000 square feet of retail space and multi- and single-family housing. It is likely to be a key issue in the race.

MercuryNews.com | 02/11/2007 | `Nanny' bills: pitting safety against rights and liberties
Fred Pilot found this article talking about the same thing I've been noticing recently: all sorts of ridiculous paternalistic (or is "maternalistic" a better choice of words?) laws premised on the notion that we are all little children who need government to restrict our liberty and make all our decisions for us, so we don't hurt ourselves. I have linked HOA micro-management to this, but California's legislature and other policy-making bodies are getting into the act. Government as nanny:

SACRAMENTO - Ban parents from spanking their toddlers. Force restaurants to disclose calories on menus. Forbid school cafeterias from cooking with trans fats. Prohibit smoking on state beaches. Make homeowners switch to energy-efficient light bulbs. Legislators who have proposed these measures, mostly Democrats, seem to be on a tear in recent weeks, telling Californians, ``Hey, we know what's best for you -- and we're going to make sure you do it.'' But enough already, say opponents, mostly Republicans, who are increasingly railing against what they call ``frivolous'' proposals and embracing a term often repeated in the Capitol this legislative session: Nanny government.

illinoisreview: TIF Bashing Facts
TIFs are used extensively to create or rebuild infrastructure for new development, often in conjunction with HOAs. The increased property taxes generated by new development within the TIF go to the municipality for the TIF distict, to repay the upfront cost of building the infrastructure, instead of to other taxing bodies. So, the school districts get new students from within the TIF, but don't get the increased property taxes to pay for them. The justification is that without the TIF blighted areas couldn't be redeveloped. But many people, myself included, think that TIFs are grossly overutilized. This is a blog post that extensively quotes an article about the impact of TIFS. Here's one snippet:

Tax increment financing is usually sold to the public with assurances that ‘TIF does not increase your taxes.’ However, NCBG’s study indicates clear warning signs that the liberal use of TIFs captures the natural growth in property tax base, putting more strain on every taxpayer and all taxing bodies, a strain more acutely felt in public budget belt-tightening times.” -- Neighborhood Capital Budget Group, which includes economists at University of Illinois and Loyola, DePaul, and Chicago State Universities. “Our analysis of 235 municipalities in the metropolitan Chicago region finds cities, towns, and villages that had TIF districts actually grew more slowly than municipalities that did not use TIF.” -- Professors Richard F. Dye and David F. Merriman for a study published by the University of Illinois...Nearly the only people who defend TIF are developers and consultants who make money from TIF, and municipal officials who create TIF districts. Study after study shows that TIF districts often fail to achieve their stated goals; divert growth away from other areas of the community, resulting in no net gain in development and sometimes net losses; and enrich a favored few developers, landowners, and businesses at the expense of everyone else.

courant.com | Resident Wins Bid To Keep Flag Flying
EAST WINDSOR -- The mother of a soldier in Afghanistan who has refused to take down the American flag outside her home despite warnings from her condo association received word Friday that she will be allowed to fly her flag if she agrees to certain restrictions. Teresa Richard, who in August pitched an American flag and Blue Star flag hung by mothers of soldiers at war, was warned by the Stoughton Ridge Condominium Association that she was in violation of "common area" rules and would be fined $25 a day after Labor Day. But on Friday, Richard said, she received a letter from the association offering a compromise. The offer comes after a frenzy of media coverage and growing political support from state officials, including Attorney General Richard Blumenthal and state Rep. Ted Graziani, D-Ellington. Blumenthal has been working with Kevin Carson, president of the condo association, and Richard to strike a deal.

Grand Canyon Skywalk opens deep divide - Los Angeles Times
This is the main attraction of a planned commercial development for an impoverished Hualapai Indian reservation. Down at the bottom of the article is mention of one big sticking point: H2O.

GRAND CANYON WEST, ARIZ. — Perched over the Grand Canyon close to a mile above the Colorado River, a massive, multimillion-dollar glass walkway will soon open for business as the centerpiece of a struggling Indian tribe's plan to lure tourists to its remote reservation. An engineering marvel or a colossal eyesore, depending on who is describing it, the horseshoe-shaped glass walkway will jut out 70 feet beyond the canyon's edge on the Hualapai Indian Reservation just west of Grand Canyon Village. Buttressed by 1 million pounds of steel and supporting 90 tons of tempered glass, the see-through deck will give visitors a breathtaking view of the canyon. When the cantilevered structure opens to the public next month, it will be the most conspicuous commercial edifice in the canyon. And, if the tribe's plans come to fruition, the Skywalk will be the catalyst for a 9,000-acre development, known as Grand Canyon West, that will open up a long-inaccessible 100-mile stretch of countryside along the canyon's South Rim. The cost of the Skywalk alone will exceed $40 million, tribal officials say.

Gated communities will add to Baghdad security-TimesOnline
I assume they won't be worrying about whether everybody's mailbox is the same shade of beige. If anyplace needs gates and walls, it would be those poor folks in Baghdad.

The American general taking on the task of purging Baghdad of insurgents plans to establish several “gated communities” to provide extra security for Sunnis and Shias, according to a senior US defence official. General David Petraeus, who takes over command of the multinational force in Iraq today, believes that Fallujah, the Sunni stronghold 40 miles (64km) west of the capital, seized by US Marines two years ago after driving out extremists, is a model for other communities, the official said. Fallujah was set up as a gated community in which all the inhabitants were required to have biometric ID cards, after Operation Phantom Fury when US Marines wrested back control from Sunni extremists and Muslim clerics. The official said: “I think there are certain areas in Baghdad where we will have to control access with checkpoints because otherwise there will be people trying their best to blow them up.”

BREITBART.COM - 'Doomsday vault' to resist global warming effects
I'll bet some folks have been wondering what connection I see between HOAs and global warming. Submitted for your consideration, as Rod Serling used to say, is this plan (construction to begin in March) for a sort of Arctic gated community to survive global warming. I think the designers have been reading old Superman comic books and got hung up on the Fortress of Solitude. And no, it's not for you and me. It's for seeds. And don't laugh or Gaia will get angry, and you wouldn't like her when she's angry.

An Arctic "doomsday vault" aimed at providing mankind with food in case of a global catastrophe will be designed to sustain the effects of climate change, the project's builders said as they unveiled the architectural plans.
The top-security repository, carved into the permafrost of a mountain in the remote Svalbard archipelago near the North Pole, will preserve some three million batches of seeds from all known varieties of the planet's crops.

WBAY-TV Green Bay-Fox Cities-Northeast Wisconsin News: City Throws Out Fight for Condo Garbage Pickup
Thanks to Nancy Levy for this interesting dispute between a municipality (none other than Green Bay, Wisconsin, which claims to have a football team) and a condo association over the perennial "double taxation" issue.

A community of condominium owners on Green Bay's east side is upset with the city council, which trashed their seven-month battle. Taking out the garbage seems like such a simple process. But to Joan Heim, it's an unfair one. "Fifty-six homeowners are angry right now because we're paying taxes and we get nothing," said Heim of the Alpine Point Condo Association. Each unit at Alpine Point Condos pays about $70 a year for private garbage pickup. But they say because they pay city taxes as well, they should be entitled the same services as other people in the city, including garbage services. Tuesday night the city council voted and their request failed.

BBC NEWS | Business | 'Table-sized flat' for £170,000
Mystery Reader sent along this link, via Boing Boing, to an amazingly expensive urban closet. I mean, apartment.

A flat roughly the size of a snooker table has gone on sale for £170,000 in London's upmarket Chelsea.
The former janitor's storeroom measures 11ft by 7ft and has a cupboard place for a shower and kitchenette area.

Potential buyers can expect to fork out an extra £30,000 to make the room habitable as there is no lighting and it is full of rubble.

Even the estate agent selling the property admitted the flat was "incredibly depressing".

voiceofsandiego.org: News... A Subdivision Off the Old Block
Thanks to Nancy Levy for this link to a story about new developments that are designed to look like the old ones...

With neighborhoods named Cabrillo and Kensington, it's quite plain what muse Del Sur master developer Fred Maas invoked when dreaming up a sales pitch for this 3,050-home planned community north of State Route 56 -- old-school San Diego neighborhoods.

Hence the phrase used in a recent newspaper ad, purporting Del Sur is connected to old San Diego "by more than a freeway." Maas hopes to separate this development from cookie-cutter suburban subdivisions that have sprung up around the county in recent years to meet rising demand for housing. And to do that, he's evoked the names and the histories of the established neighborhoods usually ringed by these types of new developments. The homes in the "Alcala" community, named for the San Diego Mission, claim to form a "personal sanctuary" for residents and are planned to be built in the Spanish style reminiscent of old San Diego, for example.

Emergency relief for Sweden's starving reindeer
Another global warning alert:
STOCKHOLM, Feb 7 (AFP) Feb 07, 2007
Sweden said Wednesday it would give its reindeer herders millions of euros (dollars) in emergency aid to help them feed their animals, which are starving because of thick ice that is preventing them from reaching the lichen they eat.

How the US sent $12bn in cash to Iraq. And watched it vanish | Iraq | Guardian Unlimited
This is enough to make Karl Marx vote Libertarian.

The US flew nearly $12bn in shrink-wrapped $100 bills into Iraq, then distributed the cash with no proper control over who was receiving it and how it was being spent.

News - Placer seizes Artest dog - sacbee.com:
Fred Pilot sent this link. Ron Artest, formerly of the Chicago Bulls, then later famous for charging into the stands to strangle some fans, is now in trouble for not feeding his Great Dane, Socks:
"The president of the homeowners association for Artest's gated neighborhood said Tuesday that animal services had been to the Artest residence prior to January.
Allan Frumkin, who heads the Sierra Ridge Estates Homeowners Association, also said residents have come to him with concerns about the welfare of dogs kept at Artest's home."

UC BERKELEY / Scholars to consider the shrinking of cities
Thanks to Fred Pilot for the link to this article about a conference on the physical and social decline of cities all over the world. They should have a conference next door on the rise of private neighborhoods.

More than 20 scholars from a dozen countries are lined up for the "Future of Shrinking Cities" symposium Thursday and Friday at International House on campus. They'll compare shrinking cities internationally, debate urban retreat in North America and discuss creative approaches for revitalizing the metropolis sliding past its prime.

New no-smoking frontier: condos and apartments: Seniors are leading the way in the new battle to ban smoking from communal environments.
| csmonitor.com

Not only are some condos and apartment houses banning smoking inside private units, but there is talk in Belmont, Calif., of a city law next month that would mandate that all complexes keep a portion of their units smoke-free. The war against smoking first ramped up in the 1980s when some of America's public buildings became smoke-free. Then, in the 1990s, a slew of restaurants and bars in US cities banned smoking. Now, seniors are leading the way in the new battle in part because many live in communal environments and they feel they are susceptible to the health and safety hazards of smoking.

Exurbs hardest hit in recent housing slump - Feb. 6, 2007
There has been a lot of new HOA-style construction in the exurbs in recent years, and probably a lot of over-building. And now the oversupply is driving down prices, which shouldn't surprise anybody. But it makes bad breakfast table reading for those who just bought a new house way out there and now find out it may be worth less than they paid for it.

WASHINGTON (Reuters) -- While the U.S. housing downturn has depressed once-thriving real estate markets around the nation, far-flung suburbs of major cities have suffered the most abrupt market correction. Home construction in these distant exurbs has slowed and prices and sales have fallen more than those of close-in suburban neighbors since a five-year U.S. housing boom ended in the summer of 2005. Average home prices in Loudoun County, Virginia, 35 miles outside of Washington, D.C., fell roughly 11 percent in 2006, according to the Northern Virginia Association of Realtors. By contrast, Virginia's Arlington County, which hugs the nation's capital, saw a price decline of only about 2 percent. "It's been hard for sellers to comprehend, and I'm usually the bearer of bad news," said Mike Wagner, a real estate broker who works in Loudoun. "The news is: Your home is worth $100,000 less than it was a year and a half ago."

Who Watches The Watchers In Surveillance Society? - Yahoo! News
When the article refers to Big Brother, keep in mind that these technologies are used far more pervasively by private organizations than governments.

CHICAGO - In some cities in Europe and the United States, a person can be videotaped by surveillance cameras hundreds of times a day, and it's safe to say that most of the time no one is actually watching. But the advent of "intelligent video" -- software that raises the alarm if something on camera appears amiss -- means Big Brother will soon be able to keep a more constant watch, a prospect that is sure to heighten privacy concerns. Combining motion detection technology with the learning capabilities of video game software, these new systems can detect people loitering, walking in circles or leaving a package.

Ban Proposed On Walking While Talking, Listening To iPod - News
More nanny state nonsense, this time from the state of New York. Note the legislator's justification for this ridiculous proposal--people getting hit by cars because they aren't paying attention. He sees this as a problem that government should solve. I would just call it natural selection. People are getting double-teamed by public and private governments that seem to be competing with each other to see who can be the most intrusive and bothersome.



A state senator from Brooklyn said on Tuesday he plans to introduce legislation that would ban people from using an MP3 player, cell phone, Blackberry or any other electronic device while crossing the street in either New York City or Buffalo. NewsChannel 4 reported that Sen. Carl Kruger is proposing the ban in response to two recent pedestrian deaths in his district, including a 23-year-old man who was struck and killed last month while listening to his iPod on Avenue T and East 71st Street In Bergen Beach. "While people are tuning into their iPods and cell phones, they're tuning out the world around them," Kruger said. The proposed law would make talking on cell phones while crossing the street a comparable offense to jaywalking.

Texas could punish 'truant' parents - Yahoo! News
Who would have thought that the Texas legislature would go from rugged individualism to nanny state nonsense like this:
AUSTIN, Texas - Parents beware: Miss a meeting with your child's teacher and it could cost you a $500 fine and a criminal record.A Republican state lawmaker from Baytown has filed a bill that would charge parents of public school students with a misdemeanor and fine them for playing hooky from a scheduled parent-teacher conference. Rep. Wayne Smith said Wednesday he wants to get parents involved in their child's education. "I think it helps the kids for the parents and teachers to communicate. That's all the intent was," Smith said.

Roadside America - Guide to Uniquely Odd Tourist Attractions
Every community should have a bizarre local attraction. Other than the city council, I mean.

Global Warming: The Cold, Hard Facts?
Here's an explanation of why nobody is listening to the global warming skeptics, from a former Professor of Climatology. It's 2 degrees right now in Chicago.

Global Warming, as we think we know it, doesn't exist. And I am not the only one trying to make people open up their eyes and see the truth. But few listen, despite the fact that I was the first Canadian Ph.D. in Climatology and I have an extensive background in climatology, especially the reconstruction of past climates and the impact of climate change on human history and the human condition. Few listen, even though I have a Ph.D, (Doctor of Science) from the University of London, England and was a climatology professor at the University of Winnipeg. For some reason (actually for many), the World is not listening. Here is why.

More detail on AHRC
An alert anonymous comment to this blog supplied the following info (thanks!), which seems to indicate that something happened to the server on which AHRC is located. What kind of "break in" was it? And who did it? Stay tuned, and if you have any information pass it along.



FYI -- This was posted today...

Dear AHRC subscribers and friends:

A recent break into several servers, included one on which the AHRC
News Services websites were hosted.

The providers and administrators are making progress on the work they
need to do to get the websites back online shortly.

We will keep you posted.

Thank you for your patience.

The Staff
AHRC News Services

Correspondence from Radburn, NJ
Radburn was the first American Garden City, built in 1928, and has served as a model for planned private communities ever since. Here's a note from Kathy Moore, a Radburnite presenting her perspective on about events there, with a link to two websites, one on each side. I don't have any first hand knowledge of this, but it looks like a significant conflict is under way:

Dear Evan,

Please let me introduce myself, my name is Kathy Moore
and I'm a resident of Radburn in Fair Lawn, NJ. I'm
also one of the 16 homeowners currently suing Radburn
to get all homeowners fair and open elections. I would
like to point you to our website,
www.yourneighbors.org so that you can read the entire
saga if you like. Of course this is the point of view
of the 16 of us, but I feel it's more than fair and
balanced. At our last annual budget meeting this past
December we were told that we had $13,000 in reserves,
that is all a 77 year old association with a one
million dollar annual budget has in reserves! Yet our
current board and manager spend tens of thousands
annually on lawsuits suing homeowners over things like
pre-approved shutter colors. Radburn's founding
fathers would never approve of the way we are treated.
The manner that Radburn was set up in was to keep
corruption at bay. The exact opposite has happened. If
you need or would like any more information about
Radburn please do not hesitate to ask. Also you will
find many letters from the community with all points
of view on radburncitizens.org which is an arm of the
Radburn Association.

best regards,

Kathy

AHRC breaks radio silence
Here's the message, which is intriguing:

Dear AHRC subscribers, friends and viewers:

Because of the nature of this break in we cannot provide any
details. However, with the work of our providers and administrators
we are making progress and will have all of the AHRC websites back
online shortly.

We appreciate your patience and will keep you posted.

Please forward this message to all your networks and groups.

Thank you.

The Staff
AHRC News Services

AHRC Exposed Exposed :: Exposing ahrcexposed.com
The next chapter in the American Homeowners Resource Center saga has begun. For those who didn't buy a program on the way in, here's a recap. First there was AHRC. Then there was AHRC Exposed, an attack on AHRC. Now there is AHRC Exposed Exposed, which is an attack on AHRC Exposed. Got it?

The big question remains unanswered. Who is behind AHRC Exposed, and why is that person (or persons) hiding their identity?

According to AHRC Exposed Exposed, the cyber trail leads to a certain law firm that has been slammed repeatedly on AHRC. Follow the link to AHRC-X-X and scroll down, and you will see their evidence...

To be continued?

Arizona OAH: HOA Complaints
Here's a new blog by George Starapoli where he is posting links to complaints involving HOAs before the Arizona Office of Adminstrative Hearings. Thanks to Fred Pilot for letting me know about it.

DRUDGE REPORT: WINDCHILL 30 BELOW: CHICAGO
It's nice to scoop Drudge. I've been whining about the cold here for two days. Here's the weather advisory, just in case you global warning believers think I'm making it up. Here in Lindenhurst it is now -8 with an 11 mph wind coming out of the west, for a wind chill factor of -27. Global warming, my ***.

Bitterly cold temperatures will drop into the 5 below to 15 below
zero range overnight... with the coldest temperatures north of
Interstate 80. Gusty west winds of 15 to 20 mph will continue to
diminish tonight... but the combination of the bitterly cold
temperatures and the wind will allow for frigid wind chills as low
as 25 below to 30 below zero tonight. Temperatures will only rise
to around the zero degree mark on Sunday for areas north of
Interstate 80... and from zero to 5 above zero south of Interstate
80. West winds will becoming gusty again on Sunday with daytime
wind chills of 20 below to 30 below zero. Bitterly cold air
temperatures and blustery winds will continue to keep wind chills
in this range through Tuesday morning.

A Wind Chill Advisory means that very cold air and strong winds
will combine to generate wind chills at or less then 20 below
zero. This will result in frost bite and lead to hypothermia if
precautions are not taken. If you must venture outdoors... dress
in layers and cover all skin. Make sure you wear a hat and
gloves. Limit outdoor activity to minimize exposure... as
frostbite can occur in 30 minutes or less.

KRT Wire | 02/03/2007 | Condo association criticized over ban on mezuzahs
As well they should be. L'chaim.

FORT LAUDERDALE, Fla. - Laurie Richter says Jewish law requires her to attach a mezuzah to her doorpost. But the board that runs The Port condominium says displaying the 5-inch-long case with a religious message inside violates the condo documents and has ordered it removed. Because wreaths were allowed on doors during Christmas, Richter accuses her board of discrimination. "I don't want to be causing any rifts here so Christians can't hang wreaths, but it seems the rights of Jewish people are being violated because Christians don't have to hang wreaths but we have to hang mezuzahs," she said. The association that runs the 16-story, 129-unit condo cites the bylaws that prohibit owners and occupants from attaching, hanging, affixing or displaying anything on the exterior walls, doors, balconies, railings and windows of the building.

The Capital Times: Madison, WI, goes condo
Go back just eight years and there was almost no downtown condominium market. Then, in 1999, visionary architect Kenton Peters took what was then an 83-year-old industrial building, Union Transfer Station and Storage Co. at 155 E. Wilson St., and turned it into more than two dozen stylish condos. All but three of the units sold before construction began. Now, a half dozen larger condominium projects punctuate the downtown landscape. Nolen Shore. The Loraine. The Marina. And there are more ambitious ones on the way. You need a map to keep them all straight. Nearly 900 condominium units - conversions and new construction - have been built since 1998 in or near downtown Madison, and 1,600 more are planned or under construction. Beyond that, there are projects under discussion to add another 1,000 units.

My Way News - Orlando Homeless Laws Stir Heated Debate
From the land of oranges, HOAs, and condos, come these municipal ordinances imposing behavioral restrictions. I guess it's another kind of special district: sort of a "homeless-free zone." Note the reference to the luxury condo buildings:

ORLANDO, Fla. (AP) - At Lake Eola park, there is much beauty to behold: robust palms, beds of cheery begonias, a cascading lake fountain, clusters of friendly egrets and swans, an amphitheater named in honor of Walt Disney.

Then there are the signs.

DO NOT LIE OR OTHERWISE BE IN A HORIZONTAL POSITION ON A PARK BENCH ... DO NOT SLEEP OR REMAIN IN ANY BUSHES, SHRUBS OR FOLIAGE ... per city code sec. 18A.09 (a) and (o).

Visit the park's restrooms, and you'll find this sign on the wall above the hand dryers:

BATHING AND/OR SHAVING IN RESTROOM IS PROHIBITED ... per city code 18A.09 (p) ... LAUNDERING CLOTHES IN LAKE EOLA PARK IS NOT PERMITTED...

On streets around Lake Eola, where drug dealers and prostitutes once roamed, residential towers like "The Paramount,""The Metropolitan at Lake Eola," and the "The Vue at Lake Eola," are now rising. In addition, the city is finalizing plans to renovate the downtown Citrus Bowl and build a new performing arts center and "Events Arena" by 2011 - at a cost of $1 billion.

Homelessness, in the view of Dyer and members of his staff, adversely affects public safety and economic development, and therefore must be addressed.

"Al Gore is a Greenhouse Gasbag"
Here is a great article on global warming, based on a lengthy interview with University of Pennsylvania Professor of Geology Robert Giegengack, who actually knows a great deal about the subject, unlike Al Gore. Giegengack is not a zealot or a politician either. He is not even a Republican, having voted for Gore himself. But he tears Gore's propaganda film to pieces. Here's a snippet, which is especially significant because the ultimate bottom-line measure of global warming is sea level:

“Sea level is rising,” Giegengack agrees, switching off the sound. But, he explains, it’s been rising ever since warming set in 18,000 years ago. The rate of rise has been pretty slow — only about 400 feet so far. And recently — meaning in the thousands of years — the rate has slowed even more. The Earth’s global ocean level is only going up 1.8 millimeters per year. That’s less than the thickness of one nickel. For the catastrophe of flooded cities and millions of refugees that Gore envisions, sea levels would have to rise about 20 feet. “At the present rate of sea-level rise,” Gieg says, “it’s going to take 3,500 years to get up there. So if for some reason this warming process that melts ice is cutting loose and accelerating, sea level doesn’t know it. And sea level, we think, is the best indicator of global warming.”"

Share your homeowners association story
That's the headline on this request from a reporter at the Santa Cruz Sentinel, sent along by Shu Bartholomew. Scroll down and you find this:


With a growing population dealing with housing prices that stubbornly remain some of the highest in the nation, many in Santa Cruz County have bought into the townhouse and condominium option. But along with the lower price and the benefits of sharing the costs of common-area maintenance come the well-known headaches of being part of a homeowner association.

If you have stories contact staff writer Gwen Mickelson at gmickelson@santacruzsentinel.com.

SSRN-Paternalist Slopes by Douglas Whitman, Mario Rizzo
I found this link on Instapundit. What follows is the abstract of a forthcoming law review article on a new form of paternalistic public policy by Douglas Whitman and Mario Rizzo. The Stanford Encyclopedia of Philosophy defines "paternalism" as follows: "Paternalism is the interference of a state or an individual with another person, against their will, and justified by a claim that the person interfered with will be better off or protected from harm." I'd say that a lot of HOA regulation is paternalistic. The assumption of such rules is often that residents are incapable of taking proper care of their homes unless micro-managed by authority. And "slippery slopes" are situations where something is done that inevitably leads to other things being done that were not originally intended. The metaphor is of a person who takes one step down a slope and then slips and goes all the way to the bottom. The article apparently takes the position that, while advocates of paternalistic laws claim their proposals are modest, there is a slippery slope quality to these new forms of paternalism, and "soft paternalism can pave the way for harder paternalism." Does that fit HOAs in anybody's mind? Interesting question.

So, here's what Whitman and Rizzo will be saying in their forthcoming article (my emphasis). I'll be reading the whole thing as soon as I can.

Abstract:
A growing literature in law and public policy harnesses research in behavioral economics to justify a new form of paternalism. Contributors to this literature typically emphasize the modest, non-intrusive character of their proposals. A distinct literature in law and public policy analyzes the validity of "slippery slope" arguments. Contributors to this literature have identified various mechanisms and processes by which slippery slopes operate, as well as the circumstances in which the threat of such slopes is greatest.

The present article sits at the nexus of the new paternalist literature and the slippery slopes literature. We argue that the new paternalism exhibits many characteristics identified by the slopes literature as conducive to slippery slopes. Specifically, the new paternalism exhibits considerable theoretical and empirical vagueness, making it vulnerable to slopes resulting from altered economic incentives, enforcement needs, deference to perceived authority, bias toward simple principles, and reframing of the status quo. These slope processes are especially likely when decisionmakers are subject to cognitive biases – as the new paternalists insist they are. Consequently, soft paternalism can pave the way for harder paternalism. We conclude that policymaking based on new paternalist reasoning should be considered with greater trepidation than its advocates have suggested.

ABC News: Retiree Whacks Suspect With Frying Pan
But did he say, "Hey Moe! Hey Larry! Hey Moe! Hey Larry!"

Salt Lake Tribune - School voucher bill passes House by a single vote
This would be the first universal, statewide, school voucher program. Pretty dramatic step along the road to privatization, I'd say.

A school voucher bill passed the Utah House by a single vote today. It is now expected to sail through the Senate and win the governor's signature...HB148 will let parents spend public money on private school tuition. Every Utah family, with the exception of current private school students, would be eligible for a voucher ranging from $500 to $3,000 depending on family income.

Global Warning Alert!
Today's news is full of doom and gloom as the Intergovernmental Panel on Climate Change proclaims that global warming is "very likely" our fault. At least, they are 90% sure it is. I thought the .05 level (95%) was the minimum confidence level for proving a hypothesis. Apparently when all you want is for the entire human race to make massive, fundamental changes in the way we live, 90% is good enough, and we should disregard all the scientists who think the jury is still out.

In other news, here in Chicago we don't know from global warming right now. It is Situation Normal for February. We have been in the deep freeze for a week and the next week is even worse. The weather forecast says that between now and next Wednesday, the temperature will range from a balmy -22 to a torrid 17. When I walk across the Jackson Street bridge on my way from Union Station to UIC, and it is about 10 degrees with a 30 mph wind, pardon me for thinking that global warming doesn't sound all bad.

Oh, and not to appear callous about the stranded polar bears in that widely-distributed photo, but did you know that a polar bear can swim for 100 miles? They have been getting stranded on ice floes and swimming to safety since long before homo sapiens showed up. My guess is those bad boys are alive and well and eating seals right now.

WiscNews.com : Growth versus eagles

I don't understand how protecting eagles turns into a $5000 fine for sitting on your deck, but here goes, from the land of cheese:

VILLAGE OF PRAIRIE DU SAC - Carol Lukens, of First Weber, maintains eagles have no problems with people and that the Ferry Bluff Eagle Council needs to stop fighting with the village about the Nonn development...John Keefe of FBEC said the council appreciates the cooperative work done on the condominium documents. He provided 14 points, mostly word changes for the board. With attorneys from the village of Prairie du Sac, Ken Nonn and FBEC the Specific Implementation Plan was revised. Keefe said specifically the mid-November through March 31 time period be defined as winter eagle season...The council's research indicates eagle watching brought in $1.2 million to the community during a time when business tends to be slow in the community. All other concerns about lighting, stormwater, retaining wall and the landscape plan had been addressed. After voting the approval of the SIP, trustee John Pletzer said he was not pleased that if he bought a condo for $200,000, if it were 45 degrees, he could not sit out on his riverfront balcony without incurring a $5,000 fine from the condo association.

The Sun News | 02/01/2007 | State Farm drops coastal policies
Tough times for home owners seeking insurance (even those who didn't set their home on fire with burning underpants--see below):

State Farm Insurance Co., South Carolina's largest insurer of homes, said Wednesday it will drop almost 1,000 policies for homes on the oceanfront. The company's decision comes about a month after Allstate said it would drop 12,000 policies in order to minimize future hurricane risk. S.C. Farm Bureau Insurance started dropping 3,000 customers along the S.C. coast last fall.

Ananova - Husband's underpant tantrum destroys home
Try convincing your homeowner's insurance claims rep that this is covered by your HO-3.

An angry husband who threw old clothes into the garden and set fire to them because he couldn't find any clean underpants accidentally burnt his home down.

Origins of "Exposing AHRC"
I said below that the "Exposing AHRC" site was new. But I stand corrected. Pat Haruff called to my attention a post from Tom Skiba, CEO of the Community Associations Institute, who writes CAI's "Ungated" blog. He recommends reading the "Exposing AHRC" site way back in March of 2005 (see the sentence I bolded below). So, the site must have been up and running then, although I must confess that I had never seen it until this week. (Obviously I don't spend enough time web surfing.)

The rest of the post is worth reading apart from his mention of that site. He asks for reasonable people to find some middle ground for conversation. I hope Tom doesn't mind if I republish it in its entirety as food for thought.

The Internet Soapbox
by Tom Skiba on March 21, 2005 12:11PM (EST)
The internet is an amazing tool, it literally brings the world to our desktops. Unfortunately it also provides a soapbox for anyone with an axe to grind, and separating the valid, reliable and thoughtful information from the ill-informed babble is left as an exercise for the reader. Our industry, like many others, has spawned its own set of dedicated haters and they have taken to the web as the tool of choice.

Sun Tzu said to know your enemy, so every month I try and spend at least some time on the various anti-HOA websites. I try and limit my visits as the vitriol and unbalanced information tend to give me indigestion. One of my regular visits though, is the American Homeowners Resource Council at www.ahrc.com. What this site lacks in thoughtful analysis it more than make up for with volume and outrage. (I would also suggest www.ahrcexposed.com for an alternate viewpoint.)

I am a firm believer that individuals can have differing opinions, that they can discuss them thoughtfully, and that multiple points of view can be equally valid. Unfortunately, many of these websites would have readers believe that everyone involved in the HOA industry is evil, that CAI dictates law to legislatures around the country, and that valid contracts freely entered into should be null and void – all powerful characterizations even though false.

And yet there are some things that we can agree on: boards should represent their entire communities responsibly, homeowners should become involved in their communities, and living in and leading an association requires you to educate yourself. The big difference between us is that we at CAI believe that the vast majority of America’s 270,000+ communities, more than one million volunteer board members, and over 55 million residents already understand this and work diligently every day to build effective and well-run communities, and groups like AHRC do not.

What happened to the American Homeowners Resource Center?
Several people have asked me what happened to the AHRC website at www.arhc.com, which has been down for several days. The short answer is, I don't know. I have asked around but nobody else seems to know, either.

The mystery deepened when just a few days ago, right around the time of AHRC's site going down, a new website appeared called www.ahrcexposed.com. The "AHRC Exposed" site is basically an intense personal attack on Elizabeth McMahon, the prime mover of AHRC, and on AHRC itself, and asks for anybody who feels maligned by AHRC to email the site. Of course, AHRC's web site includes personal attacks on attorneys, property managers, and others who AHRC's correspondents feel have done homeowners wrong. They have gone after me at times for not towing the party line on foreclosure for unpaid assessments. So I guess you could look at this as tit for tat in one sense.

But at least we know who runs AHRC. Not so with "AHRC Exposed," which is one of those interesting websites that contains absolutely no information identifying the person or persons running it. It just sits there in cyberspace, slamming AHRC and the McMahons and asking for more negative information about them. Oh, and proclaiming that most people are very happy with their HOA, according to the Zogby study that CAI paid for. I have tried to find out whose site "AHRC Exposed" is. No luck yet. I have learned that the domain was registered by an organization called "Domains by Proxy" out of Scottsdale, Arizona. Here is the info that I have so far:

Registrant:
Domains by Proxy, Inc.

DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States

Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: AHRCEXPOSED.COM
Created on: 14-Jan-04
Expires on: 14-Jan-08
Last Updated on: 14-Jan-07

If anybody knows more about this, let me know. The mystery deepens...

Dr. Valeriano's Teaching, Research, and News Blog
Here is a new blog by my colleague here at UIC, Brandon Valeriano. He teaches international relations, and his blog includes some insightful commentary, fascinating links, and witty comments.

Developer defends homeless-village concept - Orlando Sentinel
I guess it had to happen: a planned community for the homeless, to get them in one place so they don't bother people. I gather from the article that this developer "transformed" a bad neighborhood into an upscale "Garden District," but the former residents are still hanging around. So the developer proposes to build them cheap housing near the jail and call it "Tiger Bay Village." Can you imagine what their HOA board meetings will be like?

At a meeting inside the neighborhood he helped transform from a crack den into the trendy Garden District, urban developer Michael Arth on Friday defended his latest big idea: a $100 million village for the area's homeless. About 40 people crowded Arth's office to weigh in on Tiger Bay Village, a place where the homeless would live, work and get counseling. Some had questions about paying for it while others were worried a secluded village would stigmatize the homeless and further ostracize them from mainstream society...His plan calls for building a resort-style,pedestrian-friendly village on 125 acres in rural Volusia County near the jail. It would have bungalows, dining halls, community gardens, a swimming lagoon and winding paths...Lindsay Roberts, the executive director of the Volusia-Flagler Coalition for the Homeless, said she also was concerned about segregating the homeless. She said at one shelter in Daytona Beach, school officials had to move the bus stop because some children made fun of kids who lived at the shelter. "The object is to integrate them, not segregate them," Roberts said after the meeting.

Potomac News Online | Sign posting bill delayed
Thanks to Chris Casey for the link to this update on the effort to give basic First Amendment rights (posting political campaign signs) to HOA residents in Virginia. He notes in an email that the opposition has slowed things down for a week by seeking amendments. As I noted earlier, the local CAI chapter is opposing the bill because they think campaign signs are ugly. Chris promises more detail later on his blog at www.freemontclair.us.

When the 2004 presidential race began heating up, Chris Casey, a Web site designer for Democratic candidates, felt the urge to plant a political sign in his yard. Casey knew 14 years ago that when he bought his house in Montclair, he signed property owner covenants prohibiting him from posting most signs in his yard. But Casey posted his John Kerry for president sign and in short order received a letter in the mail. It was a notice from the Montclair Property Owner Association that Casey had violated his covenants and faced a fine if he didn't comply...A bill sponsored by Sen. Linda T. "Toddy" Puller, D-36th, was scheduled to be heard but was rescheduled when both sides, including a representative from the American Civil Liberties Union, could not agree on an amendment...Puller's bill suggests that no property owner association prevent a resident from posting political signs, an argument similarly addressed by a Supreme Court ruling in 1994. In the case of City of Ladue v. Gilleo, the court ruled that a government could not prohibit signs being posted on private property based on their content. Casey used this case in arguing for his right to free speech in Montclair.

ContraCostaTimes.com | 01/27/2007 | These streets aren't made for walking
Thanks to Fred Pilot for this link, which is a real news story and not, I repeat, NOT a parody from The Onion of gated community baskethead repressiveness:


Get caught walking in the middle of the streets in Discovery Bay's Lakeshore neighborhood these days and it could cost you $50. The Lakeshore Residential Owners Association recently enacted a rule that prohibits people from walking in the streets of the gated 450-home community. The rule is meant to protect pedestrians and keep people from blocking traffic, said Carlos Tabarini, president of the association that governs the neighborhood. "It's intended for safety and good neighborly conduct," Tabarini said. "I don't think it's strict."

Elderly, angry Plimmerton man turns tagger - New Zealand
Here's a fellow with a unique way of expressing his dissatisfaction with housing design trends in his neighborhood.

Anger at an invasion of "Beijing-like" flash mansions has driven an elderly Plimmerton historian to tag a neighbouring house. The 75-year-old has escaped police charges but is vowing to continue his crusade to preserve the ambience of the historic seaside resort. Roger Beauchamp - president of the Porirua Historic Association and Porirua Historic Places Trust representative - said extreme frustration drove him to tagging, a vice usually the domain of errant teenagers. He spray-painted "shit" on neighbour Pat Quin's house in Moana Rd.

KTUU.com | Alaska's news and information source | Massive snowfall causes city to shrink
Another global warning alert, this one from Alaska, where the municipality of Anchorage is way over budget on snow removal:

Anchorage, Alaska - Anchorage has been hit with more than 74 inches of snow this season, and according to the city, it's reaching a crisis level, with snow removal on the streets becoming a big problem...The city is already $2 million over budget for snow removal this season, and says the situation is nearing crisis, with clearing crews working six day weeks. And it won't be completely done until the white stuff turns into the wet stuff.

BREITBART.COM - Existing Home Sales Plummet in 2006
WASHINGTON (AP) -- Sales of existing homes fell in December, closing out a year in which demand for homes slumped by the largest amount in 17 years.
The National Association of Realtors reported that sales of existing homes were down 0.8 percent last month, a bigger decline than had been expected. For the year, sales fell by 8.4 percent, the biggest annual decline since 1989, when existing home sales fell by 14.8 percent. The sales figure underscored the sharp contraction that is going on in the once high-flying housing market, which before last year had set sales records for five straight years. Even with the sharp drop in sales last year, the median price of an existing home sold in 2006 managed to rise a slight 1.1 percent. But that was far below the double-digit gains during the boom years. The median home price had risen by 12.4 percent in 2005.

WCBS NEWSRADIO 880 - NJ Cracks Down on Talking on a Cell Phone While Cycling
More evidence that public governments are competing with HOAs to see who can be more intrusive and meddlesome? You be the judge.

A legislative committee has approved a bill that would make it illegal for people to use a hand-held telephone while riding a bicycle on a public road. Hands-free devices would be allowed and lawbreakers would face fines ranging from $100 to $250. Assemblyman Jon Bramnick, a bill sponsor, said the measure is meant to protect bicyclists and the people they may strike when riding and yakking at the same time. ``That is, in our judgment, a danger to pedestrians as well as to the bicyclists themselves, due to the fact that now they have one hand on the handlebars, they're talking to someone and they're on a public highway,'' said Bramnick, a Union County Republican.

More evidence of the scourge of global warming...
...not.
Weather forecasts released Thursday suggested that the cold weather expected to hit the U.S. Midwest between Jan. 28 and Feb. 1 will now persist longer than previously expected. One model run by meteorologists at MDA's EarthSat Weather Group in Rockville, Md., forecasts "the coldest outbreak in years" for large parts of the U.S. between Feb. 2-6.

White Atlanta suburbs push for secession - Yahoo! News
ATLANTA - A potentially explosive dispute in the City Too Busy to Hate is taking shape over a proposal to break Fulton County in two and split off Atlanta's predominantly white, affluent suburbs to the north from some of the metropolitan area's poorest, black neighborhoods. Legislation that would allow the suburbs to form their own county, to be called Milton County, was introduced by members of the Georgia Legislature's Republican majority earlier this month. Supporters say it is a quest for more responsive government in a county with a population greater than that of six states. Opponents say the measure is racially motivated and will pit white against black, rich against poor. "If it gets to the floor, there will be blood on the walls," warned state Sen. Vincent Fort, an Atlanta Democrat and member of the Legislative Black Caucus who bitterly opposes the plan. Fort added: "As much as you would like to think it's not racial, it's difficult to draw any other conclusion."...Residents of north Fulton represent 29 percent of the county's population of 915,000 but pay 42 percent of its property taxes, according to a local taxpayers group. A split would lead to the loss of $193 million in property taxes alone for Fulton County.

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This is a pretty drastic measure. Does anybody know how prevalent HOAs are in north Fulton County?

Chi-Town Daily News: Candidate for Chicago City Council calls for moratorium on condo conversions
Thanks to Nancy Levy for this link:

Chris Adams, candidate for 49th Ward Alderman, called Friday for a 12-month moratorium on new condominium conversions in Rogers Park and announced he would create a 49th Ward Low Income Housing Trust Fund – the first of its kind in Chicago – as part of a strategy to stem the decline in affordable housing in the 49th ward...Condo conversions in Rogers Park have dislocated numerous families and driven others out of the community altogether, threatening the cultural and economic diversity on which the community prides itself. Adams said Ald. Moore’s set-aside policies have been ineffective. A report by the Lakeside Community Development Corporation linked the rapid increase in the number of new condominiums in Rogers Park to a sharp decline in rental units. According to the Lakeside report, Rogers Park has lost 3,600 rental units in just the last four years.

LIS > Bill Tracking > SB964 > 2007 session
Check out the summary and see what CAI is so much against. Note that the associations are allowed to impose reasonable restrictions.

Summary as introduced:
Property Owners' Association Act; display of political signs. Provides that, except as otherwise expressed in the declaration, no declaration or association's rules and regulations or architectural guidelines shall restrict or prohibit the display by a lot owner on his lot of a candidate sign or a sign that advertises the support or defeat of any question submitted to the voters in accordance with state election law. For the purposes of the bill, "candidate sign" means a sign on behalf of a candidate for public office or a slate of candidates for public office. The bill provides, however, that an association may restrict the display of such signs (i) in the common areas or (ii) in accordance with federal or state law, and may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of such signs, except that no restriction on the duration of the display of such signs shall be less than (a) 30 days before the primary election, general election or vote on the proposition or (b) seven days after the primary election, general election, or vote on the proposition. The bill also requires the association disclosure packet to contain a statement of any restrictions on the size, place, duration, and manner of placement or display of such signs. The bill contains technical amendments. The bill also clarifies that the display of the flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States also includes display on mailboxes and similar structures.