Saturday, February 19, 2011

Nevada PAC wants cap on HOA collection fees

A Nevada organization called CHAMP (Concerned Homeowners Association Members PAC) describes itself as "a broad-based group of concerned Nevadans that includes homeowner associations, residents, investors, credit counselors, business organizations, labor unions, chambers of commerce, minority groups, and many others" and advocates a cap on fees charged by HOA collection companies.

The name CHAMP seems familiar and the organization may not be a new one. It appears connected to an issue that exploded this past summer in Las Vegas, where investors looking for good deals on foreclosed properties within HOAs complained they were being hit up with excessive collection fees levied by HOA collection companies for delinquent assessments unpaid by the erstwhile owners. The fight is in the courts as noted on this blog in September.

Nevada HOA inmates rally against "bully boards," call for legislative curbs


Used to be some odd symbol of “belonging”—or for some, status—to be a part of an HOA (no trailer trash here!) neighborhood. What with all the cookie cutter neatness, lack of individuality and security gates, it’s the facade of a picture perfect community. And a mere facade it’s seemingly become for some folks in Nevada—with a rather ugly behind-the-scenes picture.

An article in the Las Vegas Review-Journal shares what basically boils down to a case of schoolyard bullying—only the playground is now the development, and the bullies are the HOA boards. Those who feel they’ve been bullied (e.g., one homeowner was unjustly fined for the transgression of erecting a fence for which the HOA had previously approved the plans) have now joined voices, if not forces, to rally last Monday against HOA “bully boards”. They’re mad as hell and they want the folks in Carson City to do something about it.

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After several years of silence, Silver State HOA inmates are letting their voices be heard in Carson City. I imagine Phil "The Ghostbuster" Testa, who organized a similar revolt a dozen years ago, is cheering them on from the grave.

Friday, February 18, 2011

HOA reform group targets law that allows Texas associations to repossess homes over HOA rules

Activists seeking to retool the way homeowner associations operate in the state headed to Austin today to do their thing like so many other special interests do.

But this group is particularly cohesive and adamant about current state laws that allow associations or lenders to repossess a home for infractions of association rules.

“And we now have our first lobbyist, Robert Doggett, who is helping us pro bono,” Beanie Adolph, who has been a tireless solider in the battle, said in an interview with Texas Watchdog. Among the things that the group is fighting for this session is to make HOAs subject to the state’s open records and open meetings laws.

The state effort is part of a national move to police HOAs, which activists allege have become political fiefdoms and sometimes profitable machines for real estate and development companies.
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For the rest of the story by Texas Watchdog and to learn the identity of the HOA inmate activist sued by a community assocation industry plaintiff and solon, click here.

Modesto Neighborhood May Hire Armed Guards To Cut Down On Crime « CBS Sacramento

Modesto Neighborhood May Hire Armed Guards To Cut Down On Crime « CBS Sacramento: MODESTO (CBS13) – Residents in a Modesto neighborhood are so concerned about crime they may bring in armed security guards.

The residents are members of the College Area Neighborhood Alliance.

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I gather that this "alliance" is a voluntary neighborhood association. Normally this sort of thing fails because of the free rider problem: not enough people contribute to pay for the services. The free rider problem gets solved in HOAs by mandatory membership, the power to assess for common expenses, and the sometimes-Draconian assessment collection methods. That solution, however, leads to all the abuse of power issues that we see so often.

Wednesday, February 16, 2011

Facing Foreclosure Without Missing A Payment: One Couple's Housing Nightmare

Facing Foreclosure Without Missing A Payment: One Couple's Housing Nightmare: "No one, the Parkers say, told them their loan had been sold. With no word from the new servicer, New Jersey-based PHH Mortgage, the Parkers sent their first payment to the original bank, which mailed the check to PHH, according to documents the Parkers provided to The Huffington Post. But that check went missing. The Parkers say that despite the fact that they made every other payment, that missing check led to foreclosure proceedings, and a wrecked Kendra Parker's credit rating.

Soon, the mortgage company informed the Parkers that they were three months past due and owed over $3,000.
"
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Nice system we have in place here. Maybe we could prevent things like this by making it a crime to foreclose without cause and putting some of these bankers in jail. Just a thought.

Monday, February 14, 2011

California Attorney Fees in HOA actions

Here's a link to a blog on California attorney fee cases concerning HOAs. Who gets their fees paid?

Daniels 1, Obama 0 - The Daily Dish | By Andrew Sullivan

Daniels 1, Obama 0 - The Daily Dish | By Andrew Sullivan:
Mitch Daniels may run for the Republican presidential nomination, and he is combining fiscal responsibility with moderation on social issues. Once upon a time there were quite a few Republicans like that. It will be interesting to see how he fares in the primaries. There are plenty of right-wingers lining up.

Villagers outraged after police order them not to protect garden sheds | Mail Online

Villagers outraged after police order them not to protect garden sheds | Mail Online: "Residents in Surrey and Kent villages have been ordered by police to remove wire mesh from their windows as burglars could be injured."

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Property rights don't count for much in the UK anymore...

Sunday, February 13, 2011

The HOA Murders by Leon Robertson in Mystery & Crime

The HOA Murders by Leon Robertson in Mystery & Crime: Thanks to Fred Pilot for letting me know about this new novel. Haven't seen it yet.

Obama proposals on mortgages worry real estate pros | McClatchy

Obama proposals on mortgages worry real estate pros | McClatchy: "MIAMI — Mortgage rates could rise and the federal government would play a much smaller role in the housing market, according to proposals outlined in a much-anticipated report released Friday by the U.S. Treasury Department.

In South Florida, foreign investors and all-cash buyers have played a disproportionate role in the housing market in the past year, as a tight credit market, high unemployment and a foreclosure crisis have turned traditional home buyers into a minority.
"
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And elsewhere around the country, other unconventional, all-cash buyers such as newly-formed real estate syndicates are buying up many properties. They are purchasing blocks of condo units and taking over associations. This is creating some interesting situations for the remaining owners who actually live there.

Aside from those problems, consider how disrupted the housing market still remains, going on five years after prices began to tank and three years after the economic crash began. Housing prices are still falling. Mortgage rates are rising. Banks are reluctant to lend, despite having been given access to virtually free money from the Fed. New housing starts are near historic lows around the country. Unprecedented numbers of owners are underwater on their mortgages. Sales of foreclosed properties make up the bulk of the market in many places, and there are many more foreclosures to come this year. The real estate development industry is in disarray. There are zombie HOA subdivisions and condo buildings, unfinished and largely empty, all over the nation. Untold (because there are no public records) thousands of condo associations and HOAs around the country are failing. Local governments still haven't awakened to the reality that mandating CID housing is a bad idea and no doubt plan on continuing to do it when they can.

I am not opposed in principle to re-privatizing Fannie and Freddie in some fashion. I see how it would limit taxpayer exposure to loss from bad mortgages, which is a good thing. But I don't see how it will fix the horrific situation of the housing market, and it could very well make things worse if it causes mortgage interest rates to spike, which I think it will.

And consider recent history. From 1995 to 2008, the relationship between public and private entities in real estate is exactly what crashed the housing market and the economy.
Now, what exactly do the Obama people want Fannie and Freddie to do? What do they want private corporations to do? How are they going to get them to do it? What is the model? They don't know. They have three different proposals, all of them equally vague.

I see only a few certainties:

1. As it stands, the taxpayers still will have to bail out Fannie and Freddie to the tune of at least $150 billion, on top of all the other bailouts we are responsible for (and will spend a generation or two paying off). Depending on how long this redesign takes (and I think it will be much longer than the 5-7 years they are talking about), that amount could grow enormously.

2. If private banks and mortgage companies are going to be operating with less of a federal safety net, they will raise mortgage interest rates and other charges. This is inevitable.

3. This is a long-term policy. It will take many years for risk-averse private lending institutions to get into the business of buying mortgages from the initial lenders and doing all the other insurance and securitizing and off-loading things that Fannie and Freddie do.

4. Therefore, the policy will not be coherent. It will eventually be taken over by Republicans, who will want to push it in different directions than the Democrats. It will end up being a huge political football. This is an $11 trillion dollar market.

5. And all of that means there will be many unintended consequences, and we are headed into a Brave New World in which the federal role in the housing market is being completely reconsidered.

A ray of hope in Arizona for HOA abolitionists

For at least the last dozen years or so, there have been two camps of displeased Privatopians: Those who want to take on the community association industry and try to reform HOAs to make them more democratic and more accountable to those owning property within their jurisdiction. And those who see HOAs as essentially FUBAR with abolition the only way to deal with them.

The latter group will undoubtedly be pleased to learn proposed amendments to an Arizona bill, S.B. 1326 this week would ban new detached unit CIDs going forward. (Condos are not within the scope of the bill). This is a very important development because to my knowledge, it is the first piece of state legislation that would bar future formation of CIDs with mandatory membership HOAs -- and the restrictive covenants upon which they are based.

This is also an important development because it could be a harbinger of an emerging realization in Sunbelt states like Arizona -- where practically all new freestanding homes built of the past 15-20 years are within CIDs with mandatory HOAs -- that privatizing local government may be great in theory but suffers from inherent defects in the real world.

The chances of S.B. 1326 moving forward are slim given that it would likely face a solid wall of opposition from residential developers, local governments and of course the so-called "community association" industry. But the fact that legislation that would effectively close the door on the future expansion of Privatopia in Arizona is even being considered shows "the times they are a changin."

Thanks to Pat Haruff for the link.

Donald Bren's legacy

Donald Bren's legacy

The L.A. Times profiles one of the founding fathers of Privatopia and the creator of the one of the earliest and biggest mass market CIDs in the nation.

Saturday, February 12, 2011

Obama housing plan to end Fannie, Freddie - The Hill's On The Money

Obama housing plan to end Fannie, Freddie - The Hill's On The Money: "Under the administration's plan, there would be no future Fannie and Freddie providing broad, full guarantees in the housing market, according to senior administration officials.

While the administration's report calls for the winding down of Fannie and Freddie, it does not reach a single conclusion as to what the housing market should look like at the end of the transition. Rather, it provides three options, with varying roles for the government to play.
"
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I notice once again that the Obama administration is big on proposing sweeping changes to huge sectors of the economy, but small on saying exactly how they expect it to be done. Same thing with health care reform--they left it up to Congress. The House passed one version, the Senate passed a different one, and then when Scott Brown got elected and the Democrats lost their filibuster-proof majority in the Senate, they passed up conference committee entirely and had the House ram through the flawed Senate bill (it doesn't even have a severability clause). Now, here they go with this huge plan to "wind down" Fannie and Freddie, but there is a menu of approaches for doing it. Somebody else is supposed to take responsibility for deciding how this can be done.

And how about that great mortgage reformation plan the Administration came up with that didn't work?

Geithner's casual la-de-da attitude toward this is typical of him.

If I made major decisions this way, people would say I was nuts. If you decide to do something, the "how" is everything. It isn't an afterthought. If you have decided to do away with the current massive federal government role in the housing market, you need first to know exactly HOW you are going to do it. If there isn't a clear "how," then it is time to go back to the drawing board--not to start the process of change.

This is like having a surgeon who says, "I am going to do an operation on you that has never been done before. We have come up with three different ways to do it. We will start the operation, and then I will let the surgical team decide which one of them to use." Wouldn't you suspect that the surgeon actually doesn't know how to do this at all? And that maybe the whole thing will result in muddling through and maybe causing a disaster?

Friday, February 11, 2011

Obama Calls For End Of Fannie Mae, Freddie Mac

Obama Calls For End Of Fannie Mae, Freddie Mac: "NEW YORK -- The Obama administration plans to wind down bailed-out Fannie Mae and Freddie Mac over the next five to seven years, Treasury Secretary Timothy Geithner said Friday.

The taxpayer-owned mortgage giants, which were effectively nationalized in 2008, guarantee nine of every 10 new mortgages along with other government agencies. Delinquencies on home loans backed by the two companies have cost taxpayers more than $150 billion."

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As I said below, this is a herculean task. "Winding down" Fannie and Freddie? Somehow the private sector is just going to take over the multi-trillion dollar responsibility of buying, securitizing, and "guaranteeing" 90% of the mortgages in the US?

Well, at least it will be a good practice round in case nationalization of health insurance collapses and they have to get the private insurance industry to take it back.

Fannie, Freddie reform won't halt more huge taxpayer losses - Feb. 11, 2011

Fannie, Freddie reform won't halt more huge taxpayer losses - Feb. 11, 2011: "NEW YORK (CNNMoney) -- When the dust settles, the federal bailout of Fannie Mae and Freddie Mac will be the most expensive government rescue of the financial crisis -- it already stands at $153 billion and counting."
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The Obama administration is considering ways to have private corporations take over most of what Fannie and Freddie are doing, which right now amounts to backing up 90% of the housing market. Good luck. This is going to be a major challenge.

Home Owners Association Takes Home Over Legal Fees

Home Owners Association Takes Home Over Legal Fees: "The smile on Hillary's face masks a dark secret she doesn't share with customers. She's owned this southwest side condo since 2005. Her youngest son's father paid cash for it and put it in Hillary's name.

But it's not her property anymore. Why?

She was late in paying monthly maintenance fees to her homeowners association."


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Another one of those "isolated examples" that keep happening. And in this case, she paid the maintenance fees. She lost her home because she didn't pay the attorney fees.

Wednesday, February 09, 2011

At Lincoln House: The housing reset

At Lincoln House: The housing reset: "The housing bust left many things in its wake, but some of the most troubling detritus are the “zombie” and obsolete subdivisions sprawled across peripheral areas – approved and platted, some partially built but most just lots, unimproved roads and the occasional lone lamppost – all over the country but particularly prevalent in the South and Intermountain West."
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This is the weblog of the Lincoln Institute of Land Policy. They have some ideas about what may happen to the zombie subdivisions.

Sunday, February 06, 2011

The Smart Set: Water View - January 25, 2011

The Smart Set: Water View - January 25, 2011: "The time for sea living is here, and Dennis Chamberland — star of the recent VBS.TV episode “The Aquatic Life of Dennis Chamberland" — intends to be its pioneer. This underwater dominion will be named Aquatica. “We are the first humans who will move there and stay with no intention of ever calling dry land our home again,” he writes on his Atlantica Expeditions website. “We represent the first generation of a people who will live out their lives beneath the sea.”
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And of course there is a web site.

Restless in Texas: HOA inmates rally for reform

Here's a link to the HOA Reform Coalition's Feb. 15 rally in Austin.

AZ Supreme Court accepts George Staropoli's amicus brief in challenge to HOA statute « HOA Constitutional Government

AZ Supreme Court accepts advocate’s amicus brief in challenge to HOA statute « HOA Constitutional Government: "The Arizona Supreme Court has accepted my amicus curiae brief in support of constitutionality of the DFBLS/OAH due process statutes (Gelb v. DFBLS, CV 10-0371-PR). The Court has yet to decide if it will hear the Petition from the homeowner. Neither party objected to my brief, not even the CAI HOA law firm that received harsh treatment. I had presented background facts and arguments in an effort to assist the Court in understanding the disgraceful state of affairs with HOAs."

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Interesting--let's see what effect it has on the court.

Good Legal Advice or Confidence Game? You Decide.

Good Legal Advice or Confidence Game? You Decide.: "An over-reaching attorney, who uses the lure of a “free seminar” to get access to the directors of a community association and, once in the door, threatens the board with personal liability if they don't immediately hire him and his consultants to investigate and pursue a construction defect claim. This scenario is not fiction. It is apparently happening with alarming frequency in the current over-heated market for construction defect legal work. Let's analyze it."

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Thanks to Fred Pilot for forwarding the link to this advice from attorney Tyler Berding. I have seen things like this happen.

Friday, February 04, 2011

Police Arrest Squatters of Foreclosed Home | Articles & Archives | Community Association Management Insider

Police Arrest Squatters of Foreclosed Home | Articles & Archives | Community Association Management Insider: "Police detectives in Newport Beach, Calif., recently arrested a couple for illegally squatting in a $2.6 million, ocean-view home. The couple had previously admitted they had entered the house, changed the locks, and put the utilities in their names, even though they did not own the property or have the owner's consent."
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Several people sent me this, so thanks to all of you, and as it happened I ran across it myself. Given that 11% of US homes are unoccupied and 16.1% of the labor force are unemployed or can't find full-time work (per the U-6) maybe this is the way things are going to be from now on. Sort of a pre-Apocalyptic warmup.

Thursday, February 03, 2011

F. A. Hayek, Liberal | Bottom-up

F. A. Hayek, Liberal | Bottom-up: "One of the more pernicious influences of Rand and Rothbard on the libertarian movement was their tendency to treat every policy problem as almost reducible to a logical syllogism. Too many libertarians act as though they don’t need to know very much about the details of any given policy issue because they can deduce the right answer directly from libertarian principles."

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That's a pretty good statement of what's wrong with the libertarian view on HOAs. I found this link originally at Andrew Sullivan's blog

Home Ownership—Nearly 11 Percent of US Houses Empty - CNBC

Home Ownership—Nearly 11 Percent of US Houses Empty - CNBC:

Overbuilding during the housing boom, young people holing up with their parents instead of buying a condo (or even renting one!), other people living with relatives after being foreclosed on, bank-owned properties rotting on the market...I love this economic recovery, don't you?

Saturday, January 29, 2011

HOA meeting canceled after threat rumors

HOA meeting canceled after threat rumors:
Seems that rumors circulated about some unspecified person supposedly making threats about bringing a gun to the meeting and shooting people. So the meeting was canceled and the Mesa police were called, but they found no evidence of any such plot aside from the rumors. Everybody is hoping that's all there is to it...

Thanks to Pat Haruff for the link.

Tuesday, January 25, 2011

Holy reptilians, Batman! Giant lizard terrorizes condo complex

The 5-foot Monitor lizard wandering around a condo complex in the city of Riverside was way bigger than animal control officer Jenny Selter could have imagined.

"She said she saw it and almost jumped back in her truck," said John Welsh, spokesman for Riverside County Animal Services. "The residents were freaking out because here's the Godzilla-like creature walking down the sidewalk."
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The whole story is here.

Sunday, January 23, 2011

Jack LaLanne dies at home at the age of 96

Jack LaLanne dies at home at 96
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Jack LaLanne was one of my heroes. He was a great guy who never cared that much about money, so when he invented most of the exercise equipment you see in gyms today, he didn't bother to patent it. Cables, pulleys, adjustable weight machines...he was doing all this in the 1930s. He was telling people not to eat sugar and white flour when doctors were still smoking cigarettes. And he was working out every day right up until the day he died...at home, at the age of 96.

Goodbye, Jack--you won't be forgotten.

HOA recall election sparked over roofing choice

Roofing material OK spurs recall effort

EL DORADO HILLS — Waterford Village Homeowners Association board members face a recall vote following their approval of composition roof in the otherwise tile- and shake-shingled El Dorado Hills neighborhood.
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It seems that the HOA board touched a political third rail of sorts by messing with a distinguishing component of higher end California homes: the tile roof.

Dueling locksmiths: Lawyer advises foreclosed clients to become squatters

Lawyer advises foreclosed clients to break back into their homes

The 58-year-old attorney admits to breaking into homes at least half a dozen times, including one before with the Earls, leaving the clients to squat in their homes while he defends their legal right to possession. His unconventional methods have gotten him fined by a judge in San Diego, arrested in Newport Beach and threatened with contempt — and jail — in Ventura.
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Wonder if we'll see this resistance tactic spread to HOA foreclosures?

Jimmy John's founder contemplates moving headquarters out of Illinois | News-Gazette.com

Jimmy John's founder contemplates moving headquarters out of Illinois | News-Gazette.com

"Jimmy John Liautaud told The News-Gazette on Tuesday that he is angry about the moves, which boosted the individual income tax from 3 percent to 5 percent and the corporate income tax from 7.3 percent to 9.5 percent."
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And so it begins--the exodus of businesses/employers from the state of Illinois.

New website: HOA Busters

Check it out:

www.hoa-busters.com

The Cheerleading For State Bankruptcies And Municipal Defaults Is Downright Ghoulish

The Cheerleading For State Bankruptcies And Municipal Defaults Is Downright Ghoulish:

Maybe. But this underscores one of the main differences between real governments and CIDs. Real governments have a support network in the political system and in a wide range of public and private institutions. CIDs don't. The difference isn't theoretical. It has huge consequences for the millions of people who own HOA and condo units. For example, there is a profession called "public administration" that trains people to serve in government jobs, and it includes university departments, academic journals, a hundred years of published research, and major professional organizations in nations all over the planet. CIDs have the Community Associations Institute. Cities do national searches for the best city manager they can find. HOAs take their chances in their local area and may end up with a real winner, or they may get a crook or an incompetent. I could go on, but I think you get the point.

One of those consequences is clear from the current discussion of municipal bankruptcy. Cities and counties can go bankrupt under Chapter Nine, and now Republicans are agitating to include states within that provision as well. If they win big in 2012, you can bet that this will happen. When a government goes bankrupt, they can restructure their debts, including their agreements with their employees and their unions if any. That includes their employees pensions, which are a gigantic liability that has resulted from public officials making incredibly stupid sweet deals with public employee unions. But if you are a taxpayer in one of these cities, you get out from under what would otherwise be a crushing tax increase. You, as a citizen, can be relieved of a burden that your elected officials put on your shoulders, if whoever is overseeing the Chapter Nine proceeding decides it is the only way to keep the city going.

Compare that with a CID. When the HOA or condo association goes belly up, the owners remain liable for the debts of the association, including multi-million dollar judgments resulting from bad decisions made by the BOD. The limit of any individual owner's debts? The equity they have in their unit. If the board refuses to levy a special assessment to pay the debt, a judgment creditor can have a court appoint a receiver. The receiver levies the assessment and secures it with liens on the units. Owners who don't pay lose their homes in foreclosure. (Sound familiar?) See the Le Parc, Oak Park Calabasas, and Kingsbury Court cases for a description of how these judgments are handled.

So, while people certainly have lost their homes for not paying their property taxes, just like they lose them for not paying their assessments, there is a floor, or a safety net for them. How about for all these millions of CID residents? Not so much. HOA bankruptcy really doesn't accomplish much for the owners, who remain financially responsible, in most cases right up to the point of their own fiscal ruin.

Limited HOA reforms likely in North Carolina

The study committee's recommendations would provide more protections for homeowner by requiring that no liens lead to foreclosure unless assessments have gone unpaid for at least 90 days. Homeowners would also be allowed to pay late assessments in installments and must be mailed a copy of an offer to make the late payments.

Homeowners would be given more power to force homeowner association boards to meet openly and remove board members who fail to abide by the law or association bylaws. Associations financial records would also be open to review.

The catch is that state lawmakers can't force these rules down the throats of existing homeowners associations if current contracts and covenants call for something different. The regulations, if they become law, would only apply in total to new homeowners associations or those that agree to accept them.

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Read more about the state's pending "HOA reform lite" here.

Saturday, January 22, 2011

Clackamas County considers ban on signs, added restrictions

Clackamas County considers ban on signs, added restrictions: "A local expert in constitutional law believes that Clackamas County will have to significantly alter its draft resolution that proposed banning signs, clapping and personal insults, while giving “authority to enforce reasonable restrictions” on the times the public would be allowed to speak, and on the use of video recording equipment."
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Another example of cities emulating HOAs?

Condo Owners: pay up!

BostonHerald.com - Blogs: Getting Real» Blog Archive » Condo owners beware: pay up!: "Sid Shulman, homeowner at International Village, has taken matters into his own hands.

Near the mailbox of each condo building he posted a list of residents delinquent on their maintenance fees, with the message “Pay up or move out” and the same in Spanish, Pague O Mudese. He also tried, unsuccessfully, to get the cable company to cut off service to nonpayers.

The association has gone so far as to install a fingerprint scanner at the entrance to its community center, in order to keep non-payers from gaining access."

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Thanks to Fred Pilot for this link. Pay or else.

Monday, January 17, 2011

California HOA cracks down on hoarders

Once a hoarding complaint is filed, an inspection could be ordered. The board must get residents' permission to enter units. Residents who refuse inspections will be called before the board for a disciplinary hearing.

If the board determines the hoarding policy has been violated, the resident would have 15 days to remove the clutter. If a resident refuses, the board could seek a court order to force the resident to remove the clutter, fine the resident, suspend the resident's privileges in the community or proceed with eviction.

Read the story here.
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The HOA better get permission. The California Court of Appeal ruled a dozen years ago that another Southern California HOA could not enter the unit of a merchant marine while he was away at sea to police what it saw as an excessively cluttered unit, which the appellate court equated to nanny state governance.

The coming muni meltdown--Charles Gasparino - NYPOST.com

The coming muni meltdown--Charles Gasparino - NYPOST.com:
"The municipal-bond market is in crisis, with prices fall ing and investors running for cover -- and for good reason. Munis -- bonds sold by states, cities, counties and other localities to finance government operations -- are in trouble because the Ponzi scheme of Big Government is coming unglued. The markets are merely reflecting this reality, as they always do. The $3 trillion muni market was once regarded as the safest of all investments because the bonds are backed by government taxes. Now it's showing all the earmarks of the 2007-08 meltdown."

Read more: http://www.nypost.com/p/news/opinion/opedcolumnists/muni_meltdown_10IepFWdpphKZrTnoxftBK#ixzz1BJhQQEj2

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But the economy is recovering. Just ask Ben Bernanke.

Sunday, January 16, 2011

SIDE STREETS: HOA at Satellite Hotel is veering out of orbit

Ugly allegations have surfaced as residents fight for control of the homeowners association that runs the Satellite Hotel, a “futuristic” 14-story, three-winged hotel/condo hybrid built in 1969.

The HOA president and her officers portray board newcomer Hayward Rigano as a bully who has used threats and intimidation in his quest for power over the 300 or so who live in the Satellite’s 241 condos.

Rigano denies the allegations, describing himself as simply trying to do what’s right for the Satellite, which sits along South Academy Boulevard at Airport Road.

Friday, January 14, 2011

Long economic downturn paints grim future for Privatopia

As the owner of this blog has observed, there's years more excess to be wrung out of the real estate bubble that burst five years ago.

Before it's done, it could take down a lot of HOAs with it. Witness the "the fading fortunes of gated communities and condominiums" in Florida as the Palm Beach Post put it in this article, where desperate HOAs have resorted to locking out inmates behind on their assessments and removing the doors of their mailboxes.

Hot topics for community associations in 2011 - chicagotribune.com

Hot topics for community associations in 2011 - chicagotribune.com:
Pamela McKuen of the Chicago Tribune focuses on the financial problems of associations. Thanks to my student, Brittany Ryan, for this link.

Over 1 million Americans seen losing homes in 2011 - Yahoo! News

Over 1 million Americans seen losing homes in 2011 - Yahoo! News: "The bleakest year in the foreclosure crisis has only just begun. Lenders are poised to take back more homes this year than any other since the U.S. housing meltdown began in 2006. About 5 million borrowers are at least two months behind on their mortgages and industry experts say more people will miss payments because of job losses and also loans that exceed the value of the homes they are living in. '2011 is going to be the peak,' said Rick Sharga, a senior vice president at foreclosure tracker RealtyTrac Inc. The firm predicts 1.2 million homes will be repossessed this year."
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Bucking the trend, I managed to conclude the refinancing of my home yesterday. I feel like the guy who gets onto the spaceship last just before the door closes, and it flies away, and the meteor crashes into the earth.

Interest rates are going up and the banks are behaving like complete idiots (i.e., taking zillions in cheap money from the taxpayers and then refusing to lend it). During 2011 they will drop the hammer on the huge backlog in foreclosures that accumulated during the "robo-signer" scandal.

Wednesday, January 12, 2011

Housing and Economy: Housing Market Slips Into Depression Territory - CNBC

Housing and Economy: Housing Market Slips Into Depression Territory - CNBC:
Home values have fallen 26 percent since their peak in June 2006, worse than the 25.9-percent decline seen during the Depression years between 1928 and 1933, Zillow reported. November marked the 53rd consecutive month (4 ½ years) that home values have fallen. What’s worse, it’s not over yet: Home values are expected to continue to slide as inventories pile up, and likely won't recover until the job market improves.
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And in other news, the Democrats who control the Illinois state legislature just raised the state income tax by 67%, corporate taxes by over 40%, and continued their 8 year refusal to address their over-spending.

This is the first of many state and local tax increases to come. California and other big states are going to jack up taxes.

How anybody can talk about economic recovery now is just beyond me. The housing market is still deteriorating, unemployment remains high, and the crisis state of government financing at all levels is getting worse.

Saturday, January 08, 2011

Illinois Review: Gov. Mitch Daniels: Illinois tax hikes good for Indiana

Illinois Review: Gov. Mitch Daniels: Illinois tax hikes good for Indiana:
That's because Daniels is the Governor of Indiana. If the Democrats in Springfield raise the personal income tax here in Illinois by 75% (from a flat rate of 3% to 5.25% of income, with practically no deductions or exemptions), and if they raise the corporate income tax by 75% as well (from 4.8% to 8.4%), businesses will relocate to Indiana. This state is run by a corrupt political machine that is arrogant and cynical beyond belief. They are doing this after the election, and before the new legislature is seated. They figure that in two years enough "voters" (and I use the word with some doubt as to whether it really applies) will forget that the Democrats did this. Maybe they are right.

Of course, something has to be done to raise revenues and cut spending because Illinois is insolvent. But the lack of a two-party system here is the main problem. A tax increase was in the cards. You can count on the Democrats for that, and they waited until the election was over to do it so they could keep their control of the legislature. But what about budget-cutting? That's where some Republican influence would make a difference. We need both. Instead the Democrats want to increase the money being shoveled into the maw of the teachers' unions, and because they control the entire state, that's what we will get: more taxes, more spending, and empty promises of budget-cutting to come.

Banks lose key foreclosure ruling in top Massachusetts court | Reuters

Banks lose key foreclosure ruling in top Massachusetts court | Reuters:
In a decision that may slow foreclosures nationwide, Massachusetts' highest court voided the seizure of two homes by Wells Fargo & Co and US Bancorp after the banks failed to show they held the mortgages at the time they foreclosed.
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I am nearing the end of a three month effort to refinance my house. The banks and title companies are over-compensating for their slovenly ways during the housing bubble. Now you have to prove everything about yourself and your house beyond any possible or imaginary doubt. But when they want to foreclose, and they have to produce proof that they own the house, why, then things are different. Suddenly anything goes.

Friday, January 07, 2011

Vegas HOA takes Floyd Mayweather to court

LAS VEGAS, Nevada (AFP) — Unbeaten boxer Floyd Mayweather has been threatening employees of the homeowners association in the development where he lives, according to officials who have gone to court to stop him.

A complaint by Southern Highlands Estates in Clark District Court seeks $10,000 in damages and an injunction to limit contact between Mayweather and employees of the gated community south of the glitzy Las Vegas Strip.

Mayweather, 33, already faces misdemeanor battery charges from a December 16 incident in which he allegedly poked a security guard in the face outside his home over complaints about parking.

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Read story here.

Homeowner tells HOA: You're messing with the wrong Marine

Marine battles homeowners association over flag pole

Merola said he went through the proper channels to ask for permission to put up a 20-foot flag pole, but permission was denied. The HOA told him he was welcome to attach a small flag pole to his house.

An attorney representing the Lakeland Village Community Association said homeowners are encouraged to display American flags, if they want to, but that freestanding flag poles are just not allowed.

Merola said the homeowners association is going too far and has hired his own lawyers.

"Being a marine, this is a battle I’m willing to fight," Merola said.
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UPDATE 1/7/11:

Group plans to take on HOAs over flags


Merola's battle with his HOA could be the last of its kind. A group in Austin tired of hearing about these flag flaps is introducing a flag display bill in the upcoming Texas legislature, stipulating that HOAs cannot prohibit flags on free standing poles.

"From experience in dealing with homeowner associations, if it's not in black and white and it says you must permit or you may not prohibit, then they won't do it," said John Stratton, attorney for American Radio Relay League.

Sunday, January 02, 2011

Who you gonna call? HOA Busters!

Are you fed up with your homeowner association?

Feel you're being targeted and fined by people overstepping their bounds and you have little to no recourse?

Homeowners who want to fight back against their HOA's have a new coach in their corner.

It's a group called HOA Busters and they're gearing up for battle in the wake of a Contact 13 investigation.
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The HOA inmates are revolting in Las Vegas. Get the scoop on HOA Busters in this story from KNTV Las Vegas 13 Action News.

GOP gets cold feet on ending bailout of Fannie Mae and Freddie Mac - Yahoo! News

GOP gets cold feet on ending bailout of Fannie Mae and Freddie Mac - Yahoo! News
With the housing market getting soft(er) yet again, it looks like continued government support of Fannie and Freddie will continue at least another year.

Friday, December 31, 2010

Contact 13 Investigates: HOA Hall of Shame

Contact 13 Chief Investigator Darcy Spears takes us down that hall, so you can decide whether it's shame on the homeowners or shame on the HOAs. "It's a sickness. It's a cancer on our society," says self-appointed homeowner advocate Jonathan Friedrich.

The concept of an HOA--keeping property values up and neighborhoods looking nice--is a good one, but the reality can be a nightmare. "Extremely, extremely bad," sighs frustrated homeowner Brigitte Porter.

And for Dr. Robin Huhn, "It has tainted the home for me." "It almost becomes like a Gestapo where everybody's spying on everybody else," adds Friedrich.
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13 Action News of Las Vegas reports on the goings on in private local government that often resemble something out of Peyton Place and Lord of the Flies.

American English Dialects

American English Dialects:

Check this out. It is amazing.

HOA Drives Down Property Values | RumorMiller

HOA Drives Down Property Values | RumorMiller
An interesting case in point...

Monday, December 27, 2010

The Fallacy of a Pain-Free Path to a Healthy Housing Market - Economic Letter, December 2010 - FRB Dallas

The Fallacy of a Pain-Free Path to a Healthy Housing Market - Economic Letter, December 2010 - FRB Dallas: "The Fallacy of a Pain-Free Path to a Healthy Housing Market"

"As gauged by an aggregate of housing indexes dating to 1890, real home prices rose 85 percent to their highest level in August 2006. They have since declined 33 percent, falling short of most predictions for a cumulative correction of at least 40 percent.[1] In fact, home prices still must fall 23 percent if they are to revert to their long-term mean."

Sunday, December 19, 2010

What's next for minimalist houses? How about a subdivision of tiny houses in Eastern Oregon? | OregonLive.com

What's next for minimalist houses? How about a subdivision of tiny houses in Eastern Oregon? | OregonLive.com: "Now the 50-year-old builder has come up with an idea that may prove both brilliant and quixotic: a subdivision for 50 to 100 pint-sized homes geared to folks hurt by the real estate bust, jobless or on fixed incomes. Increasingly, he's approached by people desperate to cut their living expenses, he said."
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Yes, I think an 8 1/2 foot wide house qualifies as tiny.

Saturday, December 18, 2010

Arizona lawmaker proposes barring HOA "auto liens," foreclosures to secure fines

A local homeowners association’s management company is pushing state lawmakers to defeat a legislative bill that would make it impossible to foreclose on a home for non-payment of assessment fines.

The Arizona Association of Community Management (AACM), the HOA political arm of Associated Asset Management (AAM), is lobbying the state Legislature to defeat House Bill 2307, sponsored by Rep. Eddie Farnsworth, R-Gilbert, which is designed to restrict HOAs from foreclosing on a property owner’s home for non-payment of assessment fines using a legal tool called an “auto-lien.”

The auto-lien is a provision in the Covenants, Conditions and Restrictions (CC&Rs under Arizona real estate law. The CC&R is a document that is signed during the closing of sale of a home and states that a homeowner who buys a home in a deed-restricted property must join an HOA. AAM and AACM are also dues-paying members of the Community Association Institute, a national HOA membership organization that oversees the operations of HOAs.
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This is an ongoing battle in the Grand Canyon State dating back to at least the mid 1990s involving a familiar legislator (Eddie Farnsworth, who argues the bar on HOAs placing automatic liens for fines protects property rights) longtime HOA member rights advocate Pat Haruff and of course the usual wall of opposition from the private local government lobby. Read the story here.

Sunday, December 12, 2010

Why I haven't been posting for the last few weeks

I am sicker than I have ever been in my life. I've been sick since about November 20. I have pertussis, better known as "whooping cough." And yes, I was vaccinated when I was a kid. But I have learned that these vaccinations wear off, so by the time you are in your teens you need a booster. My shot wore off long ago, I never had a booster, and I was hit so hard that I spent two days in the hospital. I am recovering now but recovery from pertussis takes some time.

If you haven't had a pertussis booster shot, my advice is: run, don't walk, to your local medical center and ask for one. This was once practically eradicated and now it's going around. There are outbreaks in Ohio, Illinois, Texas, and California, and perhaps elsewhere.

Believe me--you do not, repeat DO NOT, want to get pertussis. Just take my word for it.

Saturday, December 11, 2010

Virginia HOA locked into long term contract with telecom provider; Congressman writes FCC

In a letter dated Tuesday, Dec. 7, U.S. Rep. Frank R. Wolf (R-10-VA) reached out to Julius Genachowski, chairman of the FCC, about the informal complaint filed by lawyers on behalf of the 1,117 residents of Southern Walk at Broadlands and its homeowners association. The residents first reached out to Wolf's office in the fall, and have been in communication with him regarding their concerns and their legal efforts since that time.

Wolf's letter states that the concerns of a residents "merit serious consideration" by the commission. "The complaint raises serious concerns about the fairness of a developer committing my constituents to a multi-generational obligation with a pre-selected communications provider," the letter reads.

Leesburg Today has the rest of the story.
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There is a way to avoid these kinds of locked in deals. Developers can build open access fiber networks owned by the homeowners rather than a private vendor. Apparently the developer of the HOA involved here didn't go that route -- most likely because there was more money for the developer in having a for profit company provide the service. Another example of why privatizing local government is poor public policy.

Sunday, December 05, 2010

Mounting State Debts Stoke Fears of a Looming Crisis

Mounting State Debts Stoke Fears of a Looming Crisis

Municipal bankruptcies or defaults have been extremely rare — no state has defaulted since the Great Depression, and only a handful of cities have declared bankruptcy or are considering doing so.

But the finances of some state and local governments are so distressed that some analysts say they are reminded of the run-up to the subprime mortgage meltdown or of the debt crisis hitting nations in Europe.

Analysts fear that at some point — no one knows when — investors could balk at lending to the weakest states, setting off a crisis that could spread to the stronger ones, much as the turmoil in Europe has spread from country to country.
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Governments in Europe and at all levels in the U.S. are reeling in red ink. While economic observers note consumer confidence and retail spending are up, reports like these as well as continued high unemployment demonstrate the ongoing powerful gravitational drag exerted by the implosion of the real estate bubble into a massive financial black hole in 2008.

Saturday, December 04, 2010

First responders delayed by padlocked gates of Privatopian enclave

HOUSTON – A group of northeast Houston residents say they are holding a rally to protest the mismanagement of their neighborhood’s homeowners association.

The resident’s main concern is the locks that were placed on the subdivision’s gates that possibly created a delay for first responders.

Blouis Gipson, who recently lost his wife to a heart attack, said he wonders what would have happened if the Pine Village North subdivision had a different lock on the gates.

“I tried CPR and I called 911 immediately,” said Gipson.

But help was held up because the homeowners association had the gate chained shut with a lock, he said. A report from the fire department said the crew had to cut the lock off of the gate.

“By the time EMS got here, she had died,” said Gipson

There was a fire a few months ago that destroyed several town homes and the fire department was locked out, the residents said.
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Rest of the story here.

Sovereign Privatopia: Arizona HOAs claim jurisdiction over public streets

Homeowners and HOA Headaches

State Representative Nancy Barto describes HOAs as quasi-governments with deep pockets, lots of authority and little oversight. She tried to pass a bill to clarify who owns public streets: cities or HOAs.

"A lot of HOAs are run very well. This is not about most HOAs. This is about many HOAs," says Barto. "It becomes very evident that there's not enough oversight whenever there's a dispute, because homeowners have nowhere to go to solve these problems."

Attorney Scott Carpenter represents 3,000 HOAs and worked against Nancy Barto's bill.

"There is no story or evidence or statistics that I've seen that back up the assertion that associations are using fines for vehicles parked in public streets as a revenue generator," says Carpenter.

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This is one of the most nonsensical circumstances I've read emanating from Privatopia. A bill to determine whether municipalities or HOAs own public streets? Clearly the former; curious minds want to know why the state Legislature would be called upon to resolve that question. And why the munis don't take overreaching HOAs asserting bogus claims of jurisdiction over public rights of way to court and get a judge to order them to butt out.

Wednesday, December 01, 2010

HOA Activist Phil Testa murders wife, kills himself

Vegas Man Dies After Shooting Wife, Self - Las Vegas News Story - KVVU Las Vegas: "A Las Vegas man who shot himself after killing his wife was identified Monday as 74-year-old Phil Testa.
Testa died at University Medical Center after he was rushed to the hospital Saturday night.
Authorities said Testa shot his 79-year-old wife, Angelina, at the couple’s home on Maryland Parkway near Flamingo Road. He then called 911, saying he had killed his wife and was going to kill himself, according to police."

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And then he did kill himself.

Phil Testa was a long-time Las Vegas area HOA activist who at one time had a radio show there. He was fond of calling people crooks and other names, making thinly veiled threats, and claiming to have some sort of organized crime background. He liked to bum rush the stage whenever he could and snatch microphones from people's hands--things like that.

Sunday, November 28, 2010

UPS Has Homeowners Upset In Seminole Neighborhood - News Story - WFTV Orlando

UPS Has Homeowners Upset In Seminole Neighborhood - News Story - WFTV Orlando: "SEMINOLE COUNTY, Fla. -- Some Seminole County residents are furious that a major U.S. corporation set up shop right in the middle of their neighborhood.
Homeowners in Deer Run say the UPS delivery service has leased a house along Augusta way (see map). The delivery company is now using the home to collect and deliver packages for the entire neighborhood.
You wouldn't know it from the outside but neighbors say the owner of the home might as well put up a big UPS sign right out front."

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How convenient. And yes, there is an HOA, and yes, it seems to be a violation of the governing documents. Ho, ho, ho. Merry Christmas!

Saturday, November 27, 2010

Chicago set coyotes loose on the streets to hunt for rats

Chicago set coyotes loose on the streets to hunt for rats

Still, it seems a rather desperate throwback to frontier-style husbandry for a major American metropolis to unleash sharp-fanged predators to roam freely through its streets to contain the growing rat menace. But that's what the city of Chicago has done with its latest, innovative effort in rat control: the coyote solution.

The city's program evidently came to light when numerous concerned citizens reported seeing a coyote running down one of the city's main drags, weaving in, out and around passing vehicles. But the city's animal welfare department told a local media outlet that there was nothing out of the ordinary about this at all.
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Somehow I doubt this would fly in Privatopia.

Wednesday, November 24, 2010

Is Your New Neighbor a Squatter? | NBC Los Angeles

Is Your New Neighbor a Squatter? | NBC Los Angeles: "Prosecutors say this is happening across Southern California.
They've caught squatters illegally living in homes in Bel-Air, Marina Del Rey and Winnetka.
'It's a huge problem and growing every day,' says Los Angeles City Attorney Maureen Rodriguez."

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New homes sales in another big dip - Nov. 24, 2010

New homes sales in another big dip - Nov. 24, 2010: "New home sales dropped to an annual pace of just 283,000, according to the Commerce Department. That was down 8.1% from a slow September and 28.5% from 12 months ago when the annualized sales rate was at 430,000."
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That's pathetic. If we were in a real recovery, instead of this fake one we are being asked to believe in, it would be at least a million units per year.

Monday, November 22, 2010

Think you've read the worst about foreclosures? Read this | McClatchy

Think you've read the worst about foreclosures? Read this | McClatchy: "Hall's foreclosure defense lawyers, in what has become a booming -- and sometimes predatory -- business, charged her more than $20,000 while regularly failing to show up in court. One lawyer charged Hall $2,800 for work he did trying to withdraw himself from the case.

Law enforcement officers are scheduled to come to Hall's house to evict her and her family next week, nearly five years after a mortgage broker showed up on her doorstep unannounced, pitching a stress-free refinance."

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According to the story, this woman has fallen into every one of a long series of pitfalls that lie in wait for those who took out subprime loans. If you want to read a real-life horror story, check out Our Lot: How Real Estate Came to Own Us, by Alyssa Katz. She tells the whole story of the subprime catastrophe.

Friday, November 19, 2010

ACLU Announces Free Speech Settlement with Association | Articles & Archives | Community Association Management Insider

ACLU Announces Free Speech Settlement with Association | Articles & Archives | Community Association Management Insider: "The American Civil Liberties Union (ACLU) has reached a settlement on behalf of a San Francisco condo resident who challenged an attempt by a homeowner's association to force him to remove political signs from his windows."
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Thursday, November 18, 2010

California Bond Woe Bodes Ill for States - WSJ.com

California Bond Woe Bodes Ill for States - WSJ.com
The normally staid market has grown volatile the past week, posting its sharpest selloff in nearly two years, as investors demand higher interest rates to buy paper issued by states, cities and counties to finance their operations. Localities have been hammered by a drop in tax revenue amid the downturn—and unlike the federal government, most are barred constitutionally from running deficits.
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This means state and local governments will be making more service cuts and raising whatever taxes and charges they can.

Tuesday, November 16, 2010

Stern's DAL Enters Forbearance Agreement With Bank of America Over Credit - Bloomberg

Stern's DAL Enters Forbearance Agreement With Bank of America Over Credit - Bloomberg: "A business run by David Stern, the Florida foreclosure lawyer who is under investigation by the state’s attorney general, entered a forbearance agreement with lender Bank of America NA.

The bank agreed not to take action in the period ending Nov. 26 over a default on a revolving line of credit by DAL Group LLC, a unit of Stern’s foreclosure-processing company, DJSP Enterprises Inc., according to a regulatory filing. The credit line, entered into in March, has an outstanding principal balance of about $12 million, DAL said."

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I'll let the irony just work its way through the system.

Condo associations may be coming to an end | WBEZ

Condo associations may be coming to an end | WBEZ
Hear crazed professor McKenzie on Chicago public radio today.

Dejected House Dems wipe away tears as GOP celebrates victory - The Hill's Blog Briefing Room

Dejected House Dems wipe away tears as GOP celebrates victory - The Hill's Blog Briefing Room: "Freshman Rep. Debbie Halvorson (D-Ill.), who lost her reelection bid, wiped away tears as she hugged fellow members of the class of 2008, many of whom lost on Nov. 2.

Less than three feet away, ousted Nevada freshman Rep. Dina Titus (D) appeared to brush away some tears in a less obvious manner."

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Heart-breaking. To think that these fledgling members of Congress are being evicted from their seats after only two years, before they could dig themselves in like ticks and become unaccountable, perpetually re-elected incumbents like the rest of the House.

Report: Foreclosure mess could threaten banks - Yahoo! Finance

Report: Foreclosure mess could threaten banks - Yahoo! Finance
So says a congressional oversight panel. If you think this is the prelude to Congress doing another great big favor for the big banks, you are right.

Monday, November 15, 2010

Rumors, Rumors. Is Lame Duck Congress Planning A CYA Bill For MERS Mortgage Fraud? | Crooks and Liars

Rumors, Rumors. Is Lame Duck Congress Planning A CYA Bill For MERS Mortgage Fraud? | Crooks and Liars: "When Congress comes back into session next week, it may consider measures intended to bolster the legal status of a controversial bank owned electronic mortgage registration system that contains three out of every five mortgages in the country."
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The Mortgage Electronic Registration System saved banks and real estate trusts billions of dollars in recording fees that are supposed be paid when somebody sells the mortgage on a piece of property. The banks set up MERS to avoid paying those fees. They didn't record the changes in ownership. They just passed the mortgages around and kept track of which banks owned which mortgage using this electronic system. That's why they can't prove ownership. Nobody has a valid recorded deed.

And what about the billions they owe the counties all across this nation?

Watch for the lame duck Congress to bail out the banks, once again.

Sunday, November 14, 2010

HOAs give lenders ultimatum; Florida courts bless strategy

In too many cases, lenders are failing to foreclose on troubled assets, regardless of whether the owner is a troubled borrower or a secondary lien holder. In many cases, they are either waiting for the market to clear so they can sell the distressed assets at a better price, or they don't want to pay the dues and/or assessments required from owners.

Whatever the reason, lenders that drag their feet are leaving associations in the lurch. But with the Mortgage Terminator maneuver, says Association Law Group partner Solomon, associations can take the title to the property and then force the primary lien holder to initiate its own foreclosure proceeding or release its mortgage so the association can sell the unit to cover what it is owed.

Three times now, Florida courts have upheld the tactic, which Solomon calls "a legal strategy that finally gives banks a legal ultimatum."

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Click here for The L.A. Times story.

So in addition to REOs, now we'll have HAOs (Homeowner Association Owed) properties. The legal strategy has national implications, The Times reports, since it is not based on state law.

I'm guessing HOAs don't want to hold distressed properties either since that adds to their financial burdens. Taking over these limbo zone properties won't remedy the fact they aren't generating assessment revenue. That circumstance and the need for income to cover the cost of holding HAOs could compel HOAs to become landlords and place these properties on the rental market. But that could also have negative implications for HOAs given secondary mortgage market rules that disfavor purchasing loans in HOAs with too many rental units. So they'll probably quickly dispose of them at fire sale prices as the Times article suggests.

Money and the Midterms: Are the Parties Over? Interview with Thomas Ferguson » New Deal 2.0

Money and the Midterms: Are the Parties Over? Interview with Thomas Ferguson » New Deal 2.0
Profound but disturbing take on national politics.

Saturday, November 13, 2010

Election Spells Doom for Fannie and Freddie - UPI.com

Election Spells Doom for Fannie and Freddie - UPI.com: "The Republican landslide that swept through the House ensures that the outcome will be a radical policy change that will rely much more on the private sector, especially lenders and investors, and less upon Federal support. Fannie and Freddie will certainly cease to exist in their current forms and government exposure to the risks involved in financing mortgages will be reduced."
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If that happens, mortgage interest rates will go through the roof.

Friday, November 12, 2010

The Monkey Cage

The Monkey Cage: "The replacement effect of the 2010 Midterm Elections is unlike anything in recent memory. The shift in the House median is two and a half times what was observed after the 1994 Election, wiping out the effect of Democratic gains in the previous two elections and then some. The 111th was the most liberal Congress in the past three decades; the 112th will be the most conservative.... The 2010 Elections [also] had a profound effect on congressional polarization. Not only will the 112th House be the most polarized on record; 2010 will surpass 1994 as the most polarizing election cycle."
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And this Congress is the one that has to pull the country's chestnuts out of the fire.

Foreclosure Lawyers Put Second Mortgages on Clients' Homes - NYTimes.com

Foreclosure Lawyers Put Second Mortgages on Clients' Homes - NYTimes.com: "“We thought, ‘Why don’t we use a bit of ingenuity to find an affordable way to represent them?’ ” said Peter Ticktin of the Ticktin Law Group in Deerfield Beach, Fla. “It’s a new model, a new paradigm.”

Foreclosure defense is a new legal specialty whose strategies and techniques are still being worked out. Mr. Ticktin, who has some 3,000 foreclosure clients, says his plan to collect fees by taking another mortgage on his clients’ properties has already been copied by other firms."

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On your left: the frying pan.
On your right: the fire.

Take your pick.

Michael Gerson - Blue-state budget crises spell more trouble for Democrats

Michael Gerson - Blue-state budget crises spell more trouble for Democrats: "Having experienced the revolt of red America, Democrats must now deal with the fiscal crisis of blue America."
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Yes, because a number of the states that the Democrats continue to run are economic basket cases. And what will those voters be thinking of the Democrats in 2012? Here in Illinois the state legislature and Governor are still Democrats. Tax hikes are on the table. Where are the spending cuts? The unwillingness of Democrats to cut spending, and their enthusiasm for tax hikes, may mean that these states will be in a "throw the bums out" mind set when Obama comes up for re-election. On the other hand, presidents who seek a second term usually get it. The GOP has to come up with a strong candidate. That may prove impossible if the loony right continues to be the dominant force in the party. Lunatic fringe ideas are fine for winning congressional districts in some places, but at the state level you need substance.

Punches fly in Privatopia

HOUSTON - Bet you've never seen a Homeowner Association Meeting like this one. This homeowner says he's speaking for the majority of residents who live in the Catalina Square Subdivision.

All the board members were voted out and told to immediately turn over all records and any other property belonging to the Catalina Square Improvement Committee.

"Our president came towards him to try to shut him down and told him he couldn't do that," homeowner Pat Martin said.

Suddenly the meeting turns violent.

"They got physical, our president (William Harris) swung at one of the homeowners," Martin said.

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Fox 26 in Houston has the story. And it reports it is looking into lots of HOA horror stories here.

Sadly, we're likely to see more fisticuffs in Privatopia amid growing tensions brought on by assessment shortfalls as the seemingly never ending train of foreclosures keeps rolling down the tracks.

Thursday, November 11, 2010

O Canada: HOA flag flap erupts north of the border

An Ontario couple said they will not give in to their neighborhood association's demand to remove a Canadian flag from their garage unless ordered by a judge.

Brian Cassidy, 63, and wife Linda-Lee Cassidy, 61, of the Mill Retirement Community in Lakeshore, said the homeowners' association told them the flag must be removed from its perch in front of their garage because neighbors had complained about the 8-foot flagpole "changing the architecture" of the house's exterior, a violation of neighborhood bylaws, the Windsor Star reported Thursday.

The homeowners' association said the couple will not be allowed to vote at meetings until the flagpole is removed, but Brian Cassidy said he will not be swayed.

"I put that flag up to stay up," he said. "It's not coming down. I take pride in my country and my flag."
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So there! Rest of the story here.

What part of PRIVATE in private local government don't you understand?

A law giving a state agency purview to resolve disputes between property owners and their homeowners associations is illegal, the Arizona Court of Appeals has ruled.

The judges said the Legislature never gave the Department of Fire, Building and Life Safety regulatory authority over homeowners associations. In fact, the judges said, lawmakers provided no such oversight by any state agency.

That, they said, makes unconstitutional a 2006 decision by legislators establishing a hearing process to deal with conflicts between homeowners associations and the governing boards of their planned communities.

Unless overturned by the Arizona Supreme Court, or unless the problem is fixed by the Legislature, the ruling leaves no administrative-review process for such disputes. That makes filing a lawsuit - a far more expensive process - as the only remaining option.

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The implicit public policy statement being made here by the Arizona Court of Appeals is "What part of PRIVATE in private local HOA government don't you understand?" The court is saying that private local government means just that: no public oversight or regulation from the executive branch. HOA exceeding its authority? Lawyer up and tell it to the judge.

Read more: http://www.azcentral.com/business/abg/articles/2010/11/11/20101111abg-fischer1111.html#ixzz150pMq6E7

Owners fight the condo blues with go-go dance and grit | WBEZ

Owners fight the condo blues with go-go dance and grit | WBEZ
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I am interviewed in this story about a busted condo association that does some creative fund-raising.

Unfortunately, a Bleak Winter Ahead for the Housing Market: Zillow Q3 Real Estate Market Reports | Zillow Blog - Real Estate Market Stats, Celebrity Real Estate, and Zillow News

Unfortunately, a Bleak Winter Ahead for the Housing Market: Zillow Q3 Real Estate Market Reports | Zillow Blog - Real Estate Market Stats, Celebrity Real Estate, and Zillow News
And on top of this, in the worst housing price crash since the Great Depression, the President's commission on solving our national budget woes wants to cut or eliminate the mortgage interest deduction.

Wednesday, November 10, 2010

Millions of homeowners keep paying on underwater mortgages - latimes.com

Millions of homeowners keep paying on underwater mortgages - latimes.com: "...payments on mortgages that are underwater could absorb billions of dollars that might be used for other forms of consumer spending — a drag on family finances, the housing market and the overall economy."
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So hurry up and lose your home so you can divert that underwater mortgage payment to buying a plasma TV? That's the socially productive course of action?

Saturday, November 06, 2010

Bradenton couple finds thousands of bees in their backyard



Bradenton couple finds thousands of bees in their backyard

The homeowners association said they plan to check on all the trees to make sure there aren't any more of those hives.

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And a letter will likely be issued to property owners harboring giant beehives warning of daily fines if the hives remain.

Freddie Mac posts $4.1B loss for Q3 - Business - msnbc.com

Freddie Mac posts $4.1B loss for Q3 - Business - msnbc.com
And on it goes. If you want to see where the whole housing market catastrophe started, here it is.

Tuesday, November 02, 2010

News Brief From Center for California Homeowner Association Law


From Marjorie Murray at CCHA:
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Since we’re going to the polls today,   we thought this would be a good time to post the lawsuit brought two weeks ago by the ACLU to force a homeowner association and its property manager to keep their mitts off the HOA resident exercising his constitutional right to post political signs.

Here’s the link to the ACLU lawsuit on the CCHAL website: http://www.calhomelaw.org/doc.asp?id=1246.  Keep this link handy in case someone tells you that you can’t post a political sign during an election.

Hassling homeowners over political signs could easily happen again.  The entire association industry was opposed to the Longville bill, AB1525, when it was going through the policy committees in the California Legislature.  Here’s the list of registered opponents from the Senate analysis right before the bill went to the Governor’s desk: http://leginfo.ca.gov/pub/03-04/bill/asm/ab_1501-1550/ab_1525_cfa_20030902_095635_sen_floor.html

OPPOSITION: (Verified  8/25/03)

Community Associations Institute, unless amended
Executive Council of Homeowners, unless amended
California Association of Community Managers

On the list are the three trade groups that collect homeowner money and then use it to lobby against homeowner rights in Sacramento – like homeowners’ right to constitutionally protected free speech.

If the trade groups want to lobby in Sacramento on behalf of their members, we absolutely support their constitutional right to political free expression.  

But we sure wish they’d quit using homeowner money in Sacramento to dismantle the Bill of Rights.  

CCHAL NewsBrief
November 2, 2010

Marjorie Murray, President
Center for California Homeowner Association Law
1305 Franklin Street, Suite 201
Oakland, California 94612

Monday, November 01, 2010

HOAs don't enjoy blanket immunity for maintenance decisions, California Court of Appeal rules

In a ruling filed filed Oct. 29 in Affan et al v. Portofino Cove Homeowners Association, G041379, the Fourth District of the California Court of Appeal overturned a trial court ruling dismissing claims brought against a condo HOA and its management company by an owner alleging the defendants breached their duty to maintain and repair the common area plumbing, causing sewage to back up into the plaintiff's unit.

The trial court dismissed the suit citing a 1999 ruling by the California Supreme Court in Lamden v. La Jolla Shores Clubdominium Homeowners Assn. (1999) 21 Cal.4th 249. In that case, the California high court applied the business judgment rule to HOAs, holding that courts are to defer to the "presumed expertise" of HOA boards when it comes to their decisions on maintaining common areas. That means these decisions by HOA boards are not subject to second guessing by the courts when owners challenge them.

But in Affan, the Court of Appeal found the HOA failed to establish the factual prerequisites for applying the deference rule. In addition, it held, since the HOA manager is not the HOA, the rule does not apply to the manager.

Here's a key excerpt from the ruling:
It is important to note the narrow scope of the Lamden rule. It is a rule of deference to the reasoned decisionmaking of homeowners association boards concerning ordinary maintenance. It does not create a blanket immunity for all the decisions and actions of a homeowners association. The Supreme Court's precise articulation of the rule makes clear that the rule of deference applies only when a homeowner sues an association over a maintenance decision that meets the enumerated criteria.
The full decision can be read here.

Team 4: Debt Collectors Accused Of Fake Courtroom, Judge - News Story - WTAE Pittsburgh

Team 4: Debt Collectors Accused Of Fake Courtroom, Judge - News Story - WTAE Pittsburgh

I expect this idea may catch on soon with the HOA/condo bill collector law firms.