Monday, April 16, 2012

Excite News - US home-buying season finally signaling a recovery

Excite News - US home-buying season finally signaling a recovery

WASHINGTON (AP) - Five years after the U.S. housing bust sent sales and prices plunging, the spring home-buying season is pointing to a long-awaited recovery.
Reduced prices, record-low mortgage rates, higher rents and an improving job market appear to be emboldening many would-be buyers. Open houses are drawing crowds. A wave of foreclosures is leading investors to grab bargain-priced homes.
And many people seem to have concluded that prices won't drop much further. In some areas, prices have begun to tick up.
Interviews with more than two dozen potential buyers, sellers, brokers, Realtors and economists suggest that confidence is up and that sales will move slowly but steadily higher.
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U.S. Standard of Living Has Fallen More Than 50%: Opinion - TheStreet

U.S. Standard of Living Has Fallen More Than 50%: Opinion - TheStreet
 In fact, Western wages have plummeted so low that a two-income family is now (on average) 15% poorer than a one-income family of 40 years ago.
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Man on kayak trying to keep geese away drowns after he falls into pond and swan attacks him | Mail Online

Man on kayak trying to keep geese away drowns after he falls into pond and swan attacks him | Mail Online

A man died after he fell off a kayak into a pond and a swan attacked him.
Anthony Hensley, 37, drowned on Saturday after the swan he was checking as part of his job at a condominium complex in Cook County, Illinois charged at him.


Read more: http://www.dailymail.co.uk/news/article-2130244/Man-kayak-trying-geese-away-drowns-falls-pond-swan-attacks-him.html#ixzz1sCeAv19f

Sunday, April 15, 2012

Energy company refuses to recognize HOA authority

In 2003, she said, the HOA approved a resolution to assess a $5,000 bond against any trip across Grass Mesa roads by vehicles weighing more than 75,000 pounds. The resolution was formally recorded with the Garfield County Clerk in 2004.

Encana, however, is refusing to recognize the resolution.

“This was never agreed to and was dropped,” Hock wrote on April 10, referring to the resolution.

“They don't have to agree to anything,” Brock said. “It's a resolution for all the owners up there,” She noted that Encana has purchased five lots in the Grass Mesa subdivision.
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Unfortunately, we don't recognize HOAs as a legitimate form of local government. Go pound sand.

Saturday, April 14, 2012

HOA president arrested for gun threat

OAKLAND, Fla. (WOFL FOX 35) - Michael Hudzik, 65, president of the John's Cove subdivision Homeowners Association in Oakland, was arrested on Tuesday, accused of threatening a father and son with a gun.
"We're citizens here! We're just trying to have a peaceful life! You're going to threaten a family with a gun?" asked neighbor Lazina Joyner.
Tino Alonzo says the father and son were in the neighborhood visiting his son to go jet skiing at the nearby lake, as they were leaving police say Hudzik felt they were driving too fast.
"He started waving a gun at him, said 'Get back in the truck, or I'm going to shoot you,'" Alonzo said.



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Another HOA boss allegedly uses a heater to assert his authority over the inmates. Seems there was a similar incident posted here recently involving a Phillipine HOA.

Friday, April 13, 2012

The Mayor’s Kill Shot on Suburban LA

The Mayor’s Kill Shot on Suburban LA
Indeed, the State as well as the city of Los Angeles has all but abandoned the idea of promoting the development of stand-alone single-family housing, of yards front and back.  Opting instead for “smart growth” developments that make for higher concentrations of people all throughout the State and especially here in Los Angeles throughout the past decade, State and civic leaders have demonstrated a preference for transit hub development and densely-packed mixed-use corridors, even in edge cities and collar counties.
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A "kill shot" for single family homes is a big shot in the arm for common interest housing, with all its problems.  

Thursday, April 12, 2012

Pa. homeowners group says seeing eye dog has to go

READING, Pa. (AP) - A Pennsylvania housing development with a one dog per household rule said a family must give back a seeing eye dog they're training.

Steve and Annette Yerger's daughter was trying to earn a $1,000 college scholarship by raising Ives, a 4-month-old retriever mix, for one year. But the family already has a pet dog.

The Oak Meadows Homeowners Association in Berks County denied the family's request to keep Ives until December, when he'd return to the Seeing Eye program for the next phase of his training by professionals.

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More bad press for Privatopia.

North Las Vegas HOAs and homeowners trade blows - View - ReviewJournal.com

North Las Vegas HOAs and homeowners trade blows - View - ReviewJournal.com

Joe Salvatore likens life in the Autumn Chase Homeowners Association to “a terrorist state.”
Police officers have randomly knocked on his door and asked questions.
He records constantly to document his whereabouts in his own neighborhood.
And he will get the mail only at 1 a.m.
His behavior might seem paranoid to some, but to Salvatore, a North Las Vegas homeowner, it covers his tracks.
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Thanks to Rodney Gray for this link to yet another bizarre owner vs. hoa story.

Tuesday, April 10, 2012

Man gets 3 years in defrauding of condo associations - News - Crain's Chicago Business

Man gets 3 years in defrauding of condo associations - News - Crain's Chicago Business

(Crain's) — An Arizona man was sentenced Tuesday to three years in federal prison for his role in defrauding 48 Chicago condominium associations of about $2 million.
Jay Strauss, 76, of Scottsdale, Ariz., also was ordered to pay $2 million in restitution, according to a spokesman for the U.S. Attorney in Chicago. The judge, Robert Dow Jr., noted in court that it is unlikely restitution will ever be paid.
Mr. Strauss pleaded guilty to defrauding the condo associations, made up of more than 700 individual unit owners, by falsely claiming that his property management company, Chicago-based Regent Realty Group Inc., was using association payments for property maintenance. The funds actually were being used to pay off debt on other real estate owned by Mr. Strauss and a partner.


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Thanks to Chicago Tribune real estate reporter Pam McKuen for this link. As she says, it's about time and it should have been a longer sentence.

Monday, April 09, 2012

Mike Bloomberg's New York: Cops in Your Hallways | Matt Taibbi | Rolling Stone

Mike Bloomberg's New York: Cops in Your Hallways | Matt Taibbi | Rolling Stone
Have you heard about the "Clean Halls Program"?  It seems that in NYC landlords can turn their buildings into Constitution-free zones.


In effect since 1991, it allows police to execute so-called "vertical patrols" by going up into private buildings and conducting stop-and-frisk searches in hallways – with the landlord’s permission.
According to the NYCLU, which filed the suit, "virtually every private apartment building [in the Bronx] is enrolled in the program," and "in Manhattan alone, there are at least 3,895 Clean Halls Buildings." Referring to the NYPD’s own data, the complaint says police conducted 240,000 "vertical patrols" in the year 2003 alone.
If you live in a Clean Halls building, you can’t even go out to take out the trash without carrying an ID – and even that might not be enough. If you go out for any reason, there may be police in the hallways, demanding that you explain yourself, and insisting, in brazenly illegal and unconstitutional fashion, on searches of your person.

Sunday, April 08, 2012

Sacramento-area home prices remain in a rut

Sacramento-area homes are cheap. Interest rates are low. The inventory of new homes is tight.

But prices stubbornly refuse to rise.

"It's a very strange time," said Doug Covill, immediate past president of the Sacramento Association of Realtors. "I question if we've ever seen anything like it before – to see this low of an inventory where values aren't going up."

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If the demand side of the market is sufficiently suppressed, the usual operation of the law of supply and demand is curtailed. In this snapshot of one of the nation's most distressed residential real estate markets, the suppressing factors are ultra conservative lending standards, high unemployment and reduced household income and weak consumer confidence.

Wendell Cox: California Declares War on Suburbia - WSJ.com

Wendell Cox: California Declares War on Suburbia - WSJ.com
Thanks to Fred Pilot for this link to a planner who opposes the current plans for higher density housing, which would of course lead to lots of condo and townhouse construction and hardly anything that isn't in a CID.  He says:

"To understand how dramatic a change this would be, consider that if the planners have their way, 68% of new housing in Southern California by 2035 would be condos and apartment complexes. This contrasts with Census Bureau data showing that single-family, detached homes represented more than 80% of the increase in the region's housing stock between 2000 and 2010."

Here is how he identifies himself:  "Mr. Cox, a transportation consultant, served three terms on the Los Angeles County Transportation Commission under the late Mayor Tom Bradley."  That seems to suggest that he is a Democrat, like Bradley. But if you check out his wikipedia page, you see this:  "He has authored studies for conservative think tanks such as the Cato Institute, Heartland Institute, Heritage Foundation,[1] and the Reason Foundation,[2] and for industry groups such as the American Highway Users Alliance, a lobbying and advocacy group for automobile-based industries."

I think that gives a little clearer picture of where he is coming from. 

Saturday, April 07, 2012

Town That Served As ‘Hunger Games’ Backdrop On Sale For $1.4 Million « CBS Charlotte

Town That Served As ‘Hunger Games’ Backdrop On Sale For $1.4 Million « CBS Charlotte

"Shepherd, 83, told the Associated Press that fans have swarmed his 72 acres of land, despite the fact that it’s all private property. “Day and night, they’re driving through, taking pictures, getting out and walking,” he said. “I’m just bombarded with people.”  Shepard is no Hunger Games enthusiast, having never read any of the series. He is now even less enthralled by its passionate fan-base, which is why he has put the property on the market for $1.4 million."
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Not a bad deal--it works out to less than $20,000 per acre, and with no homeowners' association.

The pros and cons of homeowners associations - Yahoo! Finance

The pros and cons of homeowners associations - Yahoo! Finance

"Most associations work reasonably well most of the time, but there are tons of examples of really troubling rules," says Evan McKenzie, associate professor of political science at the University of Illinois at Chicago and author of the book "Privatopia: Homeowner Associations and the Rise of Residential Private Government."
Among other actions that have aroused controversy, associations have banned owners from renting out residences and have forbidden inflatable lawn ornaments at Christmastime.
HOAs and condo associations are bound by state laws. Florida, Nevada and Virginia have ombudsmen to hear complaints. In the rest of the states, the state government plays a minimal role, McKenzie says.
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This is basically an "on the one hand, on the other hand," article.

Thursday, April 05, 2012

Rodney Gray's new documentary: The Hoax


NEW HOA DOCUMENTARY FILM, THE HOAX

Hi there, I'm Rodney Gray. I am a former U.S. Marine, an actor and a filmmaker, who is currently directing and producing a feature documentary on the homeowners' association (HOA) industry for submission to film festivals and future distribution, but also as my MFA production thesis at the University of North Texas.

My new film, The HOAX, follows an investigative reporter, homeowners, and HOA reform activists as they reveal shocking evidence of financial and psychological hardships experienced by people throughout Texas and Nevada. A few of these people, including the filmmaker, have been the subject of adverse actions from the very HOAs created to help them.

Please feel free to visit our websites to find out more information, get updates and watch the teaser trailer.

The HOAX Movie Website:

The HOAX Trailer Tease and Campaign Website:

Spread the word and please share these links. Help us bring injustices into the light.

Best to you all,
Rodney

Austerity in Heaven’s Corridor

Austerity in Heaven’s Corridor
"The Left should be paying attention to Florida. If you’ve ever desired a nightmarish vision of the legislature-driven austerity measures sure to proliferate around the country in the coming years, look no further than the Sunshine State’s 2012 budget. With little protest, Florida lawmakers are eviscerating public welfare and rapidly turning the state into a haven for the exploitation of workers. Despite the laughable “moderation narratives” now propagating in local newspaper coverage–which depict it as part of a trend away from rightist absolutism–the 2012 budget is nothing less than an unqualified victory for free market zealots everywhere: its legislatively-imposed austerity measures and multi-billion dollar tax cuts will no doubt serve as a useful model for other “business friendly” Southern states and the country as a whole."
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I don't follow Florida public affairs except where condos and HOAs are concerned. This article paints a picture of the state as a model for the nation.

Architects float answers to rising seas around the world – USATODAY.com

Architects float answers to rising seas around the world – USATODAY.com
BANGKOK (AP) – A floating mosque and golf course for the submerging Maldives islands. Amphibious homes in the Netherlands lifted to safety as waters surge beneath them. A hospital perched on 400 stilts to protect patients from Thailand's devastating floods and the encroaching sea..Around the world, architects and city planners are exploring ways mankind and water may be able to coexist as oceans rise and other phenomenon induced by climate change, including extreme, erratic floods, threaten land-rooted living. With the Dutch at the helm, projects in the cutting-edge field of aqua-architecture are already in place, including a maritime housing estate, floating prison and greenhouses in the Netherlands..
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Makes sense that the Dutch would be doing this, after all those years living below sea level.

Wednesday, April 04, 2012

Americans brace for next foreclosure wave | Reuters

Americans brace for next foreclosure wave | Reuters

Many more U.S. homeowners face the prospect of losing their homes this year as banks pick up the pace of foreclosures.
"We are right back where we were two years ago. I would put money on 2012 being a bigger year for foreclosures than 2010," said Mark Seifert, executive director of Empowering & Strengthening Ohio's People (ESOP), a counseling group with 10 offices in Ohio.
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The Housing Bubble keeps on giving trouble.

Monday, April 02, 2012

Irish Protest Against Household Tax As Austerity Pain Bites Further : The Two-Way : NPR

Irish Protest Against Household Tax As Austerity Pain Bites Further : The Two-Way : NPR

This weekend, Ireland's 1.65 million householders were supposed to register to pay a new tax; an annual household charge of 100 Euros. That's about $133. By the time the deadline expired at midnight Saturday, only about half had done so.
Hundreds of thousands now face the prospect of penalties and, potentially, prosecution. Is a tax revolt in the making, that could disupt the government's strategy for getting the economy back on its feet — and make it still harder to implement future austerity measures?

Trayvon Martin: homeowners could pay in Trayvon Martin case - Orlando Sentinel

Trayvon Martin: homeowners could pay in Trayvon Martin case - Orlando Sentinel
This story is taking off. Now it is being picked up by the powerhouse site Findlaw:

Homeowners May Have to Pay in a Trayvon Civil Action

Thanks to Fred Pilot for the Findlaw link.

Sunday, April 01, 2012

Colorado HOA: Chickens must go

Then Vidia’s dad built a nice coop for them and fenced the yard so they could run around freely.

Pow! That newfound freedom led to the neighbor complaint and now an order from the HOA to evict the chickens.

“We didn’t realize we were breaking the covenants,” said Maya Hurdowar, mother of Vidia. “City regulations say you can have chickens. We didn’t know it was against HOA rules. We wrote them. But they said they are allowed to be stricter than the city law.

“We wrote them and asked them for a variance, for my daughter’s sake. These are her pets.”

The variance was not granted. On a 2-1 vote, the HOA board voted to enforce the covenants.
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It's easier to get a variance from a municipality than an HOA as these HOA inmates discovered with their domestic poultry. That's because HOA boards see CC&Rs as set in stone giving them no flexibility. That lack of accommodation often leads to frivolous litigation that wastes money and judicial resources.

Saturday, March 31, 2012

Homeowners, legislators want HOA rules to move forward for Myrtle Beach area

For Pat Howard, a Murrells Inlet homeowner, it’s been one issue after another with his homeowners’ association.

From money being spent on items the community wasn’t aware of, to an increase in late fees, to an insurance amendment without homeowners’ approval -- the list of complaints goes on and on.

It’s time, he says, for the state to step up and start overseeing homeowners associations.

Howard’s situation is one of numerous complaints some residents have about homeowners associations and how those groups use their power. They and local legislators say there’s a need to govern HOAs in South Carolina, which doesn’t oversee the groups.
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It's the same story that has been playing out in various states for at least the past two decades. HOA reform is stuck the familiar wash, rinse, repeat cycle.

'There is nothing to scrutinize' - Lowell Sun Online

'There is nothing to scrutinize' - Lowell Sun Online

"In other states, courts are scrutinizing whether the foreclosing party has the right to foreclose and concluding that in most cases (they haven't) demonstrated that right with proper documentation,


said Debra Fortenberry, a Colorado Springs attorney who helped draft the initiative with Brunette and the Colorado Progressive Coalition. "In Colorado, there is nothing to scrutinize," she said.
No other state allows for a foreclosure without the lender first proving it is the right entity to do so. Colorado allows foreclosure lawyers to sign a "statement of qualified holder," which basically says they think their client owns the note or mortgage without ever actually seeing it -- a practice some states have labeled as "robo-signing."
Colorado law allows a foreclosure to continue even if the lawyer gets it wrong -- and doesn't hold anyone accountable for the mistake. It's a crime in Nevada, one of the states to use deeds of trust like Colorado. 
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Great example of public policy makers letting the banks and mortgage servicers make whatever public policy they want. Now maybe the people will change it.

Is Conservatism Our Default Ideology? - Miller-McCune

Is Conservatism Our Default Ideology? - Miller-McCune
 “When effortful, deliberate responding is disrupted or disengaged, thought processes become quick and efficient,” the researchers write in the Personality and Social Psychology Bulletin. “These conditions promote conservative ideology.”
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This explains a lot. If you stop to think about it.

Don't question your HOA or you might get arrested - Friday, March 30, 2012 | 2 a.m. - Las Vegas Sun

Don't question your HOA or you might get arrested - Friday, March 30, 2012 | 2 a.m. - Las Vegas Sun

Frank and Stebbins accused two board members of “forgery” — essentially knowingly signing a false statement — which was probably also imprudent. According to a police affidavit, Frank told the investigator a “flagrantly false” board resolution related to the surplus was “used to deceive the community membership and government agencies concerning the improper disposition of millions of dollars of overcharged/surplus homeowner assessments.”
After an investigation, Henderson Police exonerated the board members and then arrested … Frank and Stebbins.

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Thanks to Rodney Gray and others for sending me this link.  It turned out that Frank and Stebbins were right about the position the IRS would take on the surplus, although that issue, amounting to a tax liability of $1.35 million, is disputed and is still being negotiated. In the meantime, the cops arrested them and they were charged with making a false police report. Say what?  Eventually the case against Frank and Stebbins was dropped, but as reporter Coolican says, "This seems to be a curious use of government resources." What is the nature of the relationship between the HOA board of directors and the Henderson police and city government, that such a thing would happen? Strange days, indeed.

Gazette.Net: Lawsuit could impede HOA debt collection

Gazette.Net: Lawsuit could impede HOA debt collection

Fontell, a former accountant who now is unemployed and past president of the Norbeck Grove I Condominium Association, has been fighting a $236.71 condominium fee that dates back to 2003 — ignoring letters and calls claiming she had to pay, according to court records. She said she already had paid the assesment and The Management Group, Inc., which oversees operations of the Norbeck Condominiums, made a billing error. In 2008, the Norbeck condominium association successfully sued Fontell in a Montgomery County District Court, a ruling she successfully appealed in circuit court, where the condominium association filed the lien against her in hopes of collecting its debt, according to court records. Circuit Court Judge Robert A. Greenberg ruled in 2010 the association had waited too long to seek its money, violating the state’s three-year statute of limitations on such claims.
Since the 2010 lien, Fontell said she’s been unable to work as an accountant, a field where credit checks often are part of job applications, or sell her Olney condominium.
Last year, staff with the state’s Attorney Grievance Commission informed Fontell the lien against her and the other liens filed by The Management Group Associates, Inc.’s president, Jeff Gatling, constitute an unauthorized practice of law as they should have been filed by an attorney, not Gatling.
Fontell, who is representing herself after being unable to find a lawyer willing to take on her case pro bono, is seeking compensation under the U.S. Fair Debt Collections Practice Act.
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Very interesting case, now before a federal court.  Thanks to Fred Pilot for the link.

HOA could be sued in Trayvon Martin civil suit | wtsp.com

HOA could be sued in Trayvon Martin civil suit | wtsp.com

ST. PETERSBURG, Fla. -- The residents who live in the gated community where Trayvon Martin was killed could soon find themselves in a legal battle.
Several attorneys say if Martin's parents file a civil suit, the homeowners association for the Retreat at Twin Lakes could be named in the case, meaning residents of the community could end up paying big money for the 17-year-old's death.
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Fred Pilot sent some links along on this issue. As you can imagine, I've been thinking about this possibility since I first heard that the case involved some sort of alleged neighborhood watch program in a gated community.   It seems likely that such a lawsuit will happen unless Zimmerman is prosecuted and acquitted.  If so, I don't know how this will play out because the facts aren't clear yet., and I don't want to prejudge it.  The critical issue is the nature of the relationship between Zimmerman and the HOA.  Another story says this:


A civil lawsuit in the Martin case, legal experts said, would be predicated on establishing a relationship between Zimmerman and the Retreat at Twin Lake association, as well as establishing a relationship between Twin Lakes homeowners and a crime watch group that Zimmerman led. The homeowners association acknowledged Zimmerman and the neighborhood crime watch in a February newsletter, according to the Associated Press. The newsletter encouraged residents to contact Zimmerman in case of an incident, it said. "If you've been the victim of a crime within the community, after calling the police, please contact our captain, George Zimmerman ... so we can be aware and help address the issue with other residents," the newsletter said.

That suggests a connection between Zimmerman and the HOA.  There are several questions that have been raised or that come to mind:
  • What documentation, if any, exists that confirms or defines the nature of this "captain" role that Zimmerman was playing?
  • Did the HOA know that Zimmerman was armed when we was out and about acting as "captain"?
  • What training, if any, did Zimmerman have to do this? And what steps did the HOA take to make sure that their "captain" was trained properly?
  • Neighborhood Watch programs are registered with the National Sheriff's Association.  This one wasn't. Why was this HOA operating an unregistered program? . Here's what they have to say about this:  "The alleged action of a “self-appointed neighborhood watchman” last month in Sanford, FL significantly contradicts the principles of the Neighborhood Watch Program,” stated NSA Executive Director Aaron D. Kennard, Sheriff (ret.). “NSA has no information indicating the community where the incident occurred has ever even registered with the NSA Neighborhood Watch program.” 
  • Had there been any complaints brought to the HOA about Zimmerman's behavior in this role? What did they know?
  • What should they have known?  What level of supervision or oversight did the HOA have over Zimmerman, and was it consistent with the standard of care and practice that prevails in this industry.
  • The industry, by the way, has already taken steps in the wake of this tragedy to advise associations that they should avoid any such responsibilities.  Here's what CAI has to say, in a press release: "I would not advise board members to inject themselves into the role of telling members how to set up a neighborhood watch. The board cannot be the eyes and ears that the owners or neighbors can be," says Beth A. Grimm, a Pleasant Hill, Calif., attorney who is a member of CAI's College of Community Association Lawyers (CCAL).
And that leads to another question.  If it turns out that the HOA is civilly liable in this case, who would pay the judgment?  If the HOA has a liability insurance policy, which I assume they do, undoubtedly they will turn to that carrier for a defense and indemnification up to the policy limits, which is usually $1 million.  But does that policy cover the actions of volunteers, or just directors and officers of the association?  As association attorney Donna Berger says, "The vast majority of homeowner associations do not have insurance policies that cover the acts of their volunteers, according to Berger. If that is the case with Retreat at Twin Lakes, the residents could be responsible for satisfying any judgment against the association, said Berger, the community associations lawyer not involved in the case."

 That would leave the association potentially facing an uninsured judgment that could involve a great deal of money.  Who would pay that judgment?  Some readers of this blog know that I have been writing about this for some time.  The answer is, "the unit owners." This situation has come up several times in California in the Le Parc case, and in the Oak Park Calaveras saga. I talk about these cases in my latest book, Beyond Privatopia. 

By the way--try and find that responsibility in your CC&Rs. We constantly hear from the industry and the courts that you are stuck with the terms of the governing documents because you should have read and understood them. Fine. But here is an obligation that nobody knows about:  responsibility for uninsured debts and judgments of the association.

Friday, March 30, 2012

Don’t question your HOA or you might get arrested

Frank and Stebbins believed the board was piling up excess reserves -- more than $3 million -- when that money should have been returned to homeowners. Not returning it placed the money at risk of IRS tax liability, they insisted.

Frank and Stebbins built their case and then sought advice from friends in the legal community to avoid a boomerang lawsuit from the HOA board. They were advised to bring the issue to local law enforcement, meaning Henderson Police. Bad advice.

Frank and Stebbins accused two board members of “forgery” -- essentially knowingly signing a false statement -- which was probably also imprudent.
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Indeed. It's understandable that most HOA inmates can't afford to lawyer up to go after the board or don't have the inclination or ability to file a pro se court petition. But calling the cops to sort out HOA issues probably isn't the best move.

Homeowner's Association: Remove Our Name From Facebook Page Or We'll Sue - The Consumerist

Homeowner's Association: Remove Our Name From Facebook Page Or We'll Sue - The Consumerist
 A Tennessee woman says she's being bullied by her homeowner's association, all because she used the name of her subdivision to create a private Facebook page for residents. 

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Thanks to Mystery Reader for this example of what happens to anybody who tries to create a sense of community in a "community" association. 

Bank of America Sold Card Debts to Collectors Despite Faulty Records - American Banker Article

Bank of America Sold Card Debts to Collectors Despite Faulty Records - American Banker Article
 Bank of America has sold collections agencies rights to sue over credit card debts that it has privately noted were potentially inaccurate or already repaid.
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The biggest domestic problem this country faces is not the federal budget deficit or overall government debt.  It is the crushing debt burden that has been imposed on the middle class and the poor.  And nobody is doing anything about it.  The Obama administration is desperately concerned about the health of the big banks, the Republicans are shamelessly flacking for the rich and powerful, and the Democrats are floundering around trying to decide whether they should be Republican Lite or make a teensy-weensy move back from the moderate right to what used to be the center. In the meantime, home mortgage debt (secured by homes that aren't worth a damn), consumer debt, medical bills, and student loans leave most of us struggling and one layoff away from filing Chapter 13. 

Wednesday, March 28, 2012

Man tags own home: Neighbors dislike graffiti — and message | kens5.com San Antonio

Man tags own home: Neighbors dislike graffiti — and message | kens5.com San Antonio

KENS 5 asked McClain if he would say that he tagged his own home. "Yes I did," answered McClain.
The message reads "To the mother f----- that stole my truck. You are a dead man."
McCain says he didn't mean it as a death threat. "I would just like my stuff back," he added.
The message also reads "2K NQA." McClain explained that means he is offering a cash reward of $2,000 for information, no questions asked...According to the San Antonio Police Department, McClain is not breaking the law. SAPD spokesman Matt Porter said McClain did not use profanity, because he did not spell out the expletive. Also, he says according to homicide detectives, McClain did not threaten anyone specifically. Finally, the city is not allowed to regulate what people paint on their homes.
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 For some reason the neighbors have a problem with this.

Condo Owner In Fight Over Mezuzah On Doorpost - Courant.com

Condo Owner In Fight Over Mezuzah On Doorpost - Courant.com

A homeowner who faces a fine of $50 a day for hanging a glass mezuzah on her doorpost, and who is threatening to take legal action against her Stratford-based condo association, has gained the support of the Anti-Defamation League.
The California Condo Association, 40 California St., allows unit owners to display religious items on the outside of doors, but not on their doorposts, the frame around the door.
The Connecticut branch of the Anti-Defamation League says such a by-law is an attack against the Jewish faith.
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Crosses:  OK.  Mezuzah?  No way.  Now--you tell me how you think this will play out in court.

Tuesday, March 27, 2012

Jury Awards Couple $3.8M in Molokai Condo Dispute

http://hawaii.money.blogs.civilbeat.com/post/19993111658/jury-awards-couple-3-8m-in-molokai-condo-dispute

"A Maui jury has awarded a couple $3.87 million in damages for enduring what their attorney described as “the equivalent of a John Ford Western where an isolated town is run by a villain and his collection of thugs” at a West Molokai condominium."
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Thanks to Shu Bartholomew for this link. 

Monday, March 26, 2012

Another Attorney Connected to HOA Scandal Found Dead

Another Attorney Connected to HOA Scandal Found Dead
 LAS VEGAS -- David Amesbury, the attorney who cut a deal with federal prosecutors in a far-reaching homeowner's association scandal, was found dead Sunday at his brother's home near Sacramento...Amesbury and [Nancy] Quon are the third and fourth people connected to the HOA investigation to be found dead. Former Metro Lieutenant Chris Van Cleef killed himself shortly after he was named in the investigation, and late last year, former Vistana HOA board member Robbie Castro died from an apparent suicide in Northern Nevada.
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I have never heard of an investigation with four suicides.  Have you?  What is going on here?  Thanks to Shu Bartholomew for this link.

Sunday, March 25, 2012

JPMorgan Claims No. 1 for Government Debt After Jefferson County - Bloomberg

JPMorgan Claims No. 1 for Government Debt After Jefferson County - Bloomberg

"JPMorgan, which emerged from the worst financial crisis since the 1930s as the most profitable U.S. bank, has parlayed crisis-era loans to cities and states and a willingness to outbid other firms in local government bond auctions into becoming the top underwriter of municipal debt last year, according to data compiled by Bloomberg. It was the first time the firm held that rank.
The turnaround was a milestone for JPMorgan’s municipal- bond department, which has been marred by its involvement in two of the biggest scandals in the history of U.S. public finance: a so-called pay-to-play scheme in Jefferson County, Alabama, that contributed to the biggest-ever U.S. municipal bankruptcy, and a federal probe that uncovered bid rigging of municipal-bond investment products. It also underscores state and local officials’ willingness to overlook bankers’ past abuses when they set out to borrow money in debt markets."
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As Matt Taibbi says,  "A friend of mine sent this article from Bloomberg, along with the simple comment: "Perfect." What's perfect? That the banks that have been caught repeatedly ripping off communities and munipalities -- banks that have paid hefty settlements for rigging bids, bribery and other sordid misdeeds -- keep winning the most public business. Apparently, our public officials aren't concerned about whom they hire to serve as the people's investment bankers."

Few condo associations certified for FHA loans - Lansner on Real Estate : The Orange County Register

Few condo associations certified for FHA loans - Lansner on Real Estate : The Orange County Register
" William Sasser is chairman and CEO of The Management Trust in Tustin, which manages more than 1,600 homeowner associations in California and five other Western states. In Southern California, the firm does business as TransPacific Management. Sasser says that as of September, fewer than 10% of U.S. condo associations were FHA certified so that members could get FHA loans."
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Thanks to Fred Pilot for this link. This is part of what one law professor called the "death spiral" of many associations.

Struggling Izumi-Sano plans to lease its name : National : DAILY YOMIURI ONLINE (The Daily Yomiuri)

Struggling Izumi-Sano plans to lease its name : National : DAILY YOMIURI ONLINE (The Daily Yomiuri)

IZUMI-SANO, Osaka--The municipal government of Izumi-Sano, Osaka Prefecture, which is on the verge of bankruptcy, has decided to lease the naming rights for the city and a range of public works.
Companies will be able to change the city name under a contract that will last from one to five years. The city will accept applications from domestic and foreign companies from June to the end of November. Applicants will be required to propose the amount they will pay the city for naming rights.
The sale of naming rights began in the United States in the 1990s to raise funds for the operation of sports facilities. In 2003, Tokyo Stadium in Chofu, Tokyo, had its name changed to Ajinomoto Stadium, after the food company Ajinomoto Co., the first such case in the country. Recently, the naming rights to other public works, such as pedestrian overpasses and dams, have been sold to companies. 
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 So once again the US leads the way.  Sure, we lead the way in letting corporations turn the world into one great big repulsive billboard, but still...

NH Woman Plants Flowers, Gets Sued - Kimberly Bois battles her condo board

NH Woman Plants Flowers, Gets Sued - Kimberly Bois battles her condo board
  "The grounds around Kimberly Bois' condo are filled with daisies, bearded irises, lavender, and hydrangeas … a piece of floral serenity that's getting Bois sued. The Atlantic Pointe condo association wants her to pull up the perennials, and since Oct. 24 has been fining her first $25 per day and then $50 per day for every day the flowers remain. But the New Hampshire woman says she planted the flowers with permission from the developer, before there was a condo board at the Portsmouth complex."
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Sure. Why not? Here's another article with a photo of the nightmarish defilement of the sacred common areas. Definitely worth a $4500 lien--fines, attorney fees...you know the drill. 

Saturday, March 24, 2012

Welcome to Wonderland

I had a fascinating conversation yesterday with a lawyer who has set up a huge business just making short sales happen--where the bank OKs a sale for less than the amount they are owed on the note.  He says that Wells Fargo intends to count their losses on short sales against the amount they are supposed to take in reducing the principal on loans, pursuant to the $25 billion settlement the big banks made with the state attorney's general. That means that a program designed to keep people in their homes with new, affordable loans will be used to get them out.  Welcome to Wonderland, Alice.

Baum Firm Reaches Settlement With Attorney General

Baum Firm Reaches Settlement With Attorney General

Steven J. Baum, who led what was once New York's largest foreclosure firm before it closed its doors last year, has agreed not to handle foreclosure cases for lenders and servicers for two years under a settlement agreement with the New York Attorney General's Office.
Mr. Baum, his managing partner Brian Kumiega, the Baum firm and Pillar Processing will also pay $4 million under the deal.
According to the attorney general's office, between 2007 and 2010, the Baum Firm filed over 100,000 foreclosure proceedings and represented many of the largest servicers of residential mortgage loans. Pillar was formed by the firm to handle the bulk of the foreclosure processing.
The attorney general's office claimed that the Baum firm "repeatedly" filed legal papers in foreclosure and bankruptcy proceedings "without taking appropriate steps to verify the accuracy of" allegations, the lender's right to foreclose or to file a bankruptcy proof of claim.
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 It's interesting to see what happens when a foreclosure mill's actions fall under close scrutiny.  It would be nice to see more of this kind of investigation, and to see it spread to the HOA/condo collection agency law firms. Let's turn over some rocks.

Thursday, March 22, 2012

Condo and HOA Law: Trayvon Martin tragedy in Central Florida HOA highlights need to know what association volunteers are doing!

Condo and HOA Law: Trayvon Martin tragedy in Central Florida HOA highlights need to know what association volunteers are doing!
Donna Berger asks some good questions about the Trayvon Martin killing. It appears that the killer claimed to be some sort of Neighborhood Watch in his gated HOA-run neighborhood. What did the HOA  know about his activities? What did they authorize or try to stop, if anything? And what should they have done or said?  As Berger notes, "In the coming weeks and months, more attention might turn to this Central Florida HOA especially in any civil actions the Martin family may bring."
Thanks to Fred Pilot for the link.

The New Suburban Poverty - NYTimes.com

The New Suburban Poverty - NYTimes.com
" In many of America’s once pristine suburbs, harbingers of inner-city blight — overgrown lots, boarded up windows, abandoned residences — are the new eyesores. From the Midwestern rust-belt to the burst housing bubbles of Nevada, California and Florida, even in small pockets of still affluent regions like Du Page County, Ill., the nation’s soaring poverty rates are visibly reclaiming last century’s triumphal “crabgrass frontier.” In well-heeled Illinois towns like Glen Ellyn and Elgin, unkempt, weedy lawns blot the formerly manicured, uniform and tidy landscape...One recent study conducted by Sean Reardon and Kendra Bischoff of Stanford University documented the spatial sorting by income that is going on, with the wealthy flocking together in new exurbs as well as gentrifying pockets of urban centers. "
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This is a more nuanced statement of the case that David Rusk and Myron Orfield have been making for about 20 years:  inner ring suburbs are getting increasing population of poor people but have no systems in place for addressing their needs, and the affluent are moving out of inner ring suburbs to the new gated exurban subdivisions and fortified urban compounds. Then along came the recession, and now astronomical gas prices, and you have the makings for a political realignment of the suburbs...to the left.

Tuesday, March 20, 2012

U.S. Completes Sale of Mortgage-Backed Securities - NYTimes.com

U.S. Completes Sale of Mortgage-Backed Securities - NYTimes.com
 Treasury Department announced on Monday that it had finished selling the $225 billion in mortgage-backed securities it bought to help stabilize the markets during the worst of the financial crisis.
The government ended up making a $25 billion profit on the securities, which are guaranteed by Fannie Mae and Freddie Mac, the government-owned mortgage finance companies. The profit came from interest payments, principal and rising prices for the securities, the department said. 
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Monday, March 19, 2012

Fines pile up for Wilton Manors home damaged by Wilma - South Florida Sun-Sentinel.com

Fines pile up for Wilton Manors home damaged by Wilma - South Florida Sun-Sentinel.com
"City code violation fines have risen as fast as the water filling the buckets in Kenneth Dorsey's home, which is covered with disintegrating tarps for leaks that occurred even before a towering ficus crushed the roof during Hurricane Wilma.
The city has placed six liens totaling more than $1.3 million on the Northeast Second Avenue home, valued at $117,300, which Dorsey's parents bought brand new in 1951 and where he and his seven siblings were raised.
"The property is in deplorable condition," Mayor Gary Resnick said. "It's not an issue of money. It's an issue of safety."
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Yes, but Bigfoot has to live someplace. If you don't believe me, check it out for yourself.

George Zimmerman Neighbors Complained About Aggressive Tactics Before Trayvon Martin Killing

George Zimmerman Neighbors Complained About Aggressive Tactics Before Trayvon Martin Killing

A volunteer community watch captain who shot an unarmed Florida teenager to death last month had been the subject of complaints by neighbors in his gated community for aggressive tactics, a homeowner said.
George Zimmerman has not been charged in the Feb. 26 shooting of Trayvon Martin, 17, who was walking home from a convenience store in Sanford, Fla., near Orlando. Zimmerman, who patrolled the Retreat at Twin Lakes development in his own car, had been called aggressive in earlier complaints to the local police and the homeowner's association, according to a homeowner who spoke on the condition of anonymity.
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This shooting is being investigated, but so far Zimmerman hasn't been charged with anything. If the local prosecutors decide to let him off, I think the Department of Justice may take up the case.  Somehow this man decided he had the authority to "patrol" the streets of his private gated community and confront people he considered "suspicious."  He even freaked out his own neighbors to the point that they complained to the homeowners' association.  He made 46 calls to the police from 1/1/11 on. Read the list of bullet points of his behavior here:
 http://thinkprogress.org/justice/2012/03/18/446768/what-everyone-should-know-about-about-trayvon-martin-1995-2012/

So is this an example of a privatopian vigilante who decides he is the law in that gated community?  This case is desperately in need of a full investigation.

Sunday, March 18, 2012

The price of order: Pros and cons of homeowners associations

The price of order: Pros and cons of homeowners associations
 About 15 percent of housing developments in Berks have some form of homeowners association, said Glenn R. Knoblauch, executive director of the county planning commission. The biggest growth in planned communities with associations is in communities that will accept only residents age 55 and older.

In most cases the rules and regulations do preserve order, said Tom Campisi, executive director of the Community Association Institute of Pennsylvania, an industry group that advocates for such associations.

"You don't want your neighbors putting a junk car on blocks in their front yard," Campisi said. "An important thing to remember is that both sides, the association and the homeowner, have rights. They also have responsibilities."

Campisi said most disputes between homeowners and association boards involve a lack of communication and reasonableness. While not wanting to comment on the Yergers' case specifically, he said doing the reasonable thing and communicating your intentions before taking action often will prevent a dispute. 

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Fred Pilot sent me this piece from the Reading Eagle in Reading, PA.  It is ironic that I wrote Privatopia while I was living in Reading and teaching at Albright College.  Didn't change a thing in Reading, though, did it?  That was in 1993-94. And here in the Reading Eagle we have the sort of thing that provincial journalist used to write in the 1990s --a silly, ignorant, one-sided puff piece for CAI and the CID industry, published as if it were a real feature article.  Today, of course, the news media are much more educated on this subject, and even a quick Google search will produce some insight into the actual situation owners face with this industry, the huge volume of reform legislation, the tsunami of association insolvencies, etc.  But in a cultural backwater like Reading, which is still in a 1950s time warp in every way, somebody with a job on a newspaper can still produce claptrap like this and have an editor sign off on it.  

Saturday, March 17, 2012

$100 to Fly Through the Airport - WSJ.com

$100 to Fly Through the Airport - WSJ.com
 Hate the full-body scans, pat-downs and slow going at TSA airport security screening checkpoints? For $100, you can now bypass the hassle.
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The way things are headed in this country, soon there will be two ways to do any governmental task. One will be according to the rules and laws. It will be arduous. The other will be the streamlined route of the wealthy, lubricated by all their money. There will be a private bypass for every public function.

Developer can't have it both ways, HOA residents argue

Esther Epstein has resided in the Beachwalk community for nearly 20 years.

She says when the area’s lake, also considered a common area, flooded in 2009, Moss told her the water was the responsibility of the Homeowners Association, which paid for the required pumping of the lake.

“There was water in my basement for over a month,” she said.

But her son, Jim Epstein, says Moss recently declared the lake is his, and that the Homeowner’s Association must pay him $56,000 to be allowed to use it.
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Privatize the gains, socialize the losses. Indeed.

Friday, March 16, 2012

Built by forced labor, German bunkers become homes - Yahoo! News

Built by forced labor, German bunkers become homes - Yahoo! News

BREMEN, Germany (Reuters) - German architect Rainer Mielke lives in a luxurious, light-filled penthouse atop a Nazi bunker that his elderly neighbors remember sheltering in during World War Two.
The architect has pioneered the art of converting the grim structures into bright living or working spaces, and his work is set to increase as Germany ramps up sales of the above-ground forts, originally designed as air-raid shelters.

Late Night FDL: Privatopia | Firedoglake

Late Night FDL: Privatopia | Firedoglake
It's nice when you invent a word and it gets picked up in the language, but it would be nicer if people acknowledged where it came from.

Thursday, March 15, 2012

Three in 10 young adults live with parents, highest level since 1950s - CSMonitor.com

Three in 10 young adults live with parents, highest level since 1950s - CSMonitor.com
But is this altogether a bad thing? I love my kids and if they want to live with me while they get their lives launched, and that takes a little longer than it did twenty years ago, I don't see myself complaining about it. If they get married and have kids and are still living in their childhood bedroom I'll start getting concerned.

Mayor, unions at odds over fixes for Fresno budget - Politics - fresnobee.com

Mayor, unions at odds over fixes for Fresno budget - Politics - fresnobee.com


In an afternoon meeting with The Bee's editorial board, Swearengin and Scott moved the talk far away from the fiscal-emergency declarations and Chapter 9 bankruptcy threats that have made the city of Stockton a national example of financial incompetence.
At the same time, Swearengin and Scott drew a line in the sand for the city's 3,200 employees, implying that the Stockton scenario isn't far-fetched for Fresno for these reasons:
Three years of incessant layoffs, service reductions and penny-pinching haven't done the trick.
The city will struggle to close a $2.1 million general fund budget gap in the fiscal year ending June 30, let alone the huge gap projected over the next five years.
The revenue picture is flat -- sales-tax proceeds up a bit more than expected, property-tax proceeds down a bit more -- and Fresno is stuck in a farm-based economy traditionally slow to come out of recessions.

Read more here: http://www.fresnobee.com/2012/03/12/2757376/fresno-mayor-lays-out-financial.html#storylink=cpy#storylink=cpy

Sunday, March 11, 2012

Will home prices fall 20% more? - 1 - housing & recession - MSN Money

Will home prices fall 20% more? - 1 - housing & recession - MSN Money
 The truth is, a combination of factors is set to push national home prices down an additional 10% or so before a hard bottom is found. And if Europe's debt mess and fiscal bickering in Washington result in another recession, the drop could be double that.
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See below. And the realtors I know are, as always, telling people what a great time it is to BUY, BUY, BUY.

More Boomers Selling Homes, but Who Will Buy Them? - US Business News - CNBC

More Boomers Selling Homes, but Who Will Buy Them? - US Business News - CNBC
 "As boomers downsize because of retirement, finances, health or death, they're expected to release some 26 million homes onto the market by 2030, according to the Policy Center paper. The problem is that echo-boomers, or Generation Y—those born between 1982 and 1995—may not be buying up the inventory, says Pendall, whose retired mother is trying to sell a home and downsize." --- 
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How can anybody expect them to buy homes? They owe a bazillion dollars in student loans and credit card debt and they just watched the price of housing fall through the floor and stay there. Now they should borrow $250K to buy a McMansion in the suburbs? Say what?

Legislators want fewer HOA rules on streets

Lawmakers have for a number of years proposed legislation that would stop HOAs from setting rules regarding public streets. The bills stem from resident complaints about being fined for parking their own vehicles on public streets in front of their own homes.

"The reason this bill keeps coming back year after year is because there's a problem we're trying to solve," said Sen. Nancy Barto, R-Phoenix, who proposed one of this year's bills. "HOA communities do not have regulating authority over public roadways."
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As I said previously in this space, I've never understood the need for this bill. How can a private corporation assert jurisdiction over a public right of way? Have Privatopian principalities as George Staropoli refers to them gotten so powerful they believe they can annex or declare public roads within their sphere of influence?

Saturday, March 10, 2012

Corrections Corporation Of America Sues Florida Town For Blocking New Detention Center

Corrections Corporation Of America Sues Florida Town For Blocking New Detention Center

The nation's largest private prison corporation sued a South Florida town this week, arguing that city officials are trying to "disrupt and derail" plans to build one of nation's largest immigrant-detention centers northwest of Miami.
Corrections Corporation of America's federal lawsuit claims that city officials in Pembroke Pines, Fla., are interfering with the company's "advantageous business relationship" with federal immigration authorities. Corrections Corp. reached a tentative deal with U.S. Immigration and Customs Enforcement last summer to build a 1,500-bed detention facility in Southwest Ranches, a quiet suburban enclave near the Everglades.
But residents and immigrant-rights groups have waged a battle against the company and elected officials who support construction of the jail.
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All must kneel before our privatizing overlords.  Apparently not everybody is falling in line, though. How inconvenient.

Banks foreclosing on churches in record numbers | Reuters

Banks foreclosing on churches in record numbers | Reuters

"Since 2010, 270 churches have been sold after defaulting on their loans, with 90 percent of those sales coming after a lender-triggered foreclosure, according to the real estate information company CoStar Group.
In 2011, 138 churches were sold by banks, an annual record, with no sign that these religious foreclosures are abating, according to CoStar. That compares to just 24 sales in 2008 and only a handful in the decade before.
The church foreclosures have hit all denominations across America, black and white, but with small to medium size houses of worship the worst. Most of these institutions have ended up being purchased by other churches.
The highest percentage have occurred in some of the states hardest hit by the home foreclosure crisis: California, Georgia, Florida and Michigan."
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Friday, March 09, 2012

Harrisburg, Pennsylvania, Set to Default on $5.27 Million GO Bond Payments - Bloomberg

Harrisburg, Pennsylvania, Set to Default on $5.27 Million GO Bond Payments - Bloomberg


"Harrisburg (9661MF), Pennsylvania’s insolvent capital, says it will miss general-obligation bond payments for the first time next week as its receiver seeks approval for a plan to sell assets.
The city, carrying a debt load of more than five times its general-fund budget, will miss $5.27 million in bond payments due March 15 on $51.5 million of bonds issued in 1997, according to a notice its receiver posted on the Electronic Municipal Market Access system, a database for filings by debt issuers."
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 Harrisburg was not allowed to go bankrupt under Chapter 9. Instead the city's finances were put in the hands of a receiver. And now all kinds of bad things loom on the horizon for the city and its employees.

Wednesday, March 07, 2012

Vietnam vet says he's being singled out; Local man fights HOA over soldier cut out

Eggleston also feels he's being a victim because there are other signs in the neighborhood—political signs that no one's asked for to be taken down.

Saahir said those homeowners have received similar letters to take down their signs, but short of police showing up or a court order, Eggleston said he won't be taking down his soldier.

"I'm going to leave it up until somebody of a higher authority than a homeowner's president tells me to take it down."
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Like I was saying a few months ago here, HOAs aren't viewed by some as legitimate forms of local government but rather nebbish neighbors with too much time on their hands. And more bad media coverage for Privatopia in this latest kerfuffle over patriotic displays. Film at 10.

Tuesday, March 06, 2012

The End of Ownership: Why Aren't Young People Buying More Houses? - Derek Thompson - Business - The Atlantic

The End of Ownership: Why Aren't Young People Buying More Houses? - Derek Thompson - Business - The Atlantic

Fewer young people are finding jobs. Fewer young people are getting married. Fewer young people are buying homes.
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A trillion dollars in student loan debt is one reason. Add in the unfolding disaster that is the housing market. How can anybody expect them to go out and get married, buy a house, and have kids? Rick Santorum would no doubt blame it on single mothers.

Sunday, March 04, 2012

Mayor lists Montana town and its population of 681 for sale at $1.4M | Mail Online

Mayor lists Montana town and its population of 681 for sale at $1.4M | Mail Online
Slightly used, but still serviceable.

Real estate deflation, municipal anti-blight efforts delay foreclosures

In addition, states and municipalities have grown more aggressive in the last few months in trying to force banks to maintain foreclosed properties, which have become blights on neighborhoods from coast to coast. Last month, lawmakers in Florida and courts in New York considered new ways to require lenders to alter loans to keep people in their homes or complete foreclosures more quickly.

“Under normal circumstances, the banks would be able to cover the cost of maintenance, upkeep and property taxes by just reselling the property, but these are desperate times, and banks are resorting to somewhat desperate measures in some cases,” said Daren Blomquist, a vice president at RealtyTrac, a real estate analysis firm. “It is more of a factor now because property values have come down and will not cover all these costs when the banks resell the property, if they can resell the property.
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Foreclosure loses its utility when lenders can't make the numbers pencil out and leaving the homeowner in place can stave off local governments targeting REOs that aren't being maintained.

Saturday, March 03, 2012

Will HOAs become target of small claims suits?

You've paid your HOA assessments yet the common areas are unmaintained and the pool is closed, having turned into urban pond that's a mosquito breeding ground. It's not fair.

Might people who might feel that way toward their HOAs -- which as the perfessor and I have noted aren't winning popularity contests and continue to receive negative media attention -- take them to court and demand a refund or credit of their assessments?

If they do, the might become part of a fledgling trend to sue deep pocketed defendants who might otherwise have them legally outgunned in court in the no-lawyer courtroom: small claims. This story reports on how large companies such as Honda and AT&T are getting sued in small claims and facing judgments.

Friday, March 02, 2012

THE KANGAROO STAYS! | Weird News - Y100 - Miami's Hit Music Station

THE KANGAROO STAYS! | Weird News - Y100 - Miami's Hit Music Station

A local family has won a battle with their HOA over an unusual pet.

The Dreis family has a 6-month-old kangaroo, Mike.

But they didn’t get Mike just for fun – he’s actually there to help the family’s 16-year-old special-needs daughter, Kala.

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Nice to hear that the HOA changed its mind. It seems that Mike will only be living in the HOA for a year or so and then he is off to a wild animal park. This article has some cute kangaroo photos. Thanks to Fred Pilot for the link.

Thursday, March 01, 2012

Capitol Alert: Housing meltdown dropped California's home ownership rate

Capitol Alert: Housing meltdown dropped California's home ownership rate

The housing industry meltdown in California sharply reversed a trend of steadily increasing homeownership, a new statistical compilation by the Census Bureau reveals.

The result: The percentage of Californians who live in homes that they and their families own dipped to 55.3 percent in 2011, the second lowest rate of any state, just ahead of New York's 53.6 percent.

The current California level is just about where it was during the 1980s and 1990s before climbing to as high as 60.2 percent in 2006, just before the housing market implosion.

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Wow. This is a national trend, but a drop of almost five percentage points is huge. Thanks to Fred Pilot for the link


Read more here: http://blogs.sacbee.com/capitolalertlatest/2012/02/housing-meltdown-dropped-californias-home-ownership-rate.html#storylink=cpy

Condo Complex Walls Collapse In January, Still Not Fixed - Denver News Story - KMGH Denver

Condo Complex Walls Collapse In January, Still Not Fixed - Denver News Story - KMGH Denver
Gaping holes in walls, sunlight streaming in through electrical sockets, a bathtub exposed.This is the way it has been for almost two months now at the Snowbird Condos on Zang Street in Lakewood. Brick walls collapsed on two of the buildings during a wind storm at the beginning of January.
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Thanks to Fred Pilot for this link to yet another collapsing condo. In this case the word "collapse" is used literally.

Tuesday, February 28, 2012

Stockton's options nearly all bad - Bee Editorials - Modbee.com

Stockton's options nearly all bad - Bee Editorials - Modbee.com

"Every local elected official should be paying close attention to what is happening in the city of Stockton today. Our neighbor to the north, California's 13th largest city with a population of approaching 300,000 people, is flirting with bankruptcy. The City Council is expected to approve an eight-point plan this evening that calls for the city to suspend approximately $2 million in bond payments through the end of the current fiscal year. The plan also calls for the city to embark on two months of private discussions with its bond holders, city employee unions and any other creditors with at least $5 million in claims against the city to determine if parties can reach accommodations that will allow Stockton to avoid bankruptcy. If the council agrees — and it really has no other viable option — Stockton will become the first city in the state to undergo the AB 506 process, a formalized mediation period designed to help jurisdictions restructure their debts and avoid municipal bankruptcy."

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This is a grim situation, obviously. As the headline points out, Stockton's unemployment rate is almost 16% and they are second only to Las Vegas in their foreclosure rate. It is hard to see how this city can strike a deal that will hold off Chapter 9 proceedings for very long.

Read more here: http://www.modbee.com/2012/02/27/2088700/stocktons-options-are-nearly-all.html#storylink=cpy#storylink=cpy

Monday, February 27, 2012

Calculated Risk: New Home Sales: 2011 Still the Worst Year, "Distressing Gap" remains very wide

Calculated Risk: New Home Sales: 2011 Still the Worst Year, "Distressing Gap" remains very wide
"Even with the upward revisions to new home sales in October, November and December, 2011 was the worst year for new home sales since the Census Bureau started tracking sales in 1963. The three worst years were 2011, 2010, and 2009 with sales of 304, 323 and 375 thousand respectively."
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People keep trying to talk up the market by finding a single statistic here or there that looks like it is going up. But the unavoidable fact is that the new housing market is getting worse, year by year.

Sunday, February 26, 2012

Rocklin Considering Banning Residents From Smoking Outside Their Own Homes « CBS Sacramento

Rocklin Considering Banning Residents From Smoking Outside Their Own Homes « CBS Sacramento

ROCKLIN (CBS13) – A Rocklin resident has asked the City Council to consider a ban on smoking that some say goes way too far.

The Rocklin City Council was asked to consider making it against the law for smokers to smoke anywhere outside on their property.

Rocklin City Manager Rick Horst said the city has “no intention of considering the matter.”

One homeowner complained about smoke coming from a neighbors’ backyard, saying it caused health problems for their kids.

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At last. A city official with common sense. There is hope.

Wyoming House advances doomsday bill

Wyoming House advances doomsday bill
"CHEYENNE — State representatives on Friday advanced legislation to launch a study into what Wyoming should do in the event of a complete economic or political collapse in the United States. House Bill 85 passed on first reading by a voice vote. It would create a state-run government continuity task force, which would study and prepare Wyoming for potential catastrophes, from disruptions in food and energy supplies to a complete meltdown of the federal government. The task force would look at the feasibility of Wyoming issuing its own alternative currency, if needed. And House members approved an amendment Friday by state Rep. Kermit Brown, R-Laramie, to have the task force also examine conditions under which Wyoming would need to implement its own military draft, raise a standing army, and acquire strike aircraft and an aircraft carrier."
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Where to begin? First, note how far the craziness on the right has gone. Now we have elected Republicans legislating for the post-apocalypse. Second, they keep telling us how much they revere the US Constitution, but they can't wait to re-institute the Articles of Confederation when the states could act like nations. Third, if Wyoming had an aircraft carrier, where within the borders of the great nation of Wyoming would they put it? Fourth, if you want to see where these elected wing nuts got the idea, check this out.

Foreclosure settlement a failure of law, a triumph for bank attorneys - The Washington Post

Foreclosure settlement a failure of law, a triumph for bank attorneys - The Washington Post
We never want to see an innocent party “accidentally” evicted from a home. The legal system has evolved so this has become a “legal impossibility.” Imagine returning home from work or vacation to find the front door padlocked, the belongings strewn all over the block, a big orange sticker screaming “FORECLOSED” on the garage door, with an auction sign in the front lawn. Now imagine that this occurred even though you are not in default or even delinquent on payments. Thanks to the robosigning banks, this legal impossibility has happened repeatedly, even to homeowners who paid cash for their houses and had no mortgages. Imagine that — foreclosed with no mortgage.
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Barry Ritholtz nails it. Here's the #1 reason why the foreclosure settlement (the "terms" of which are still a secret) is so awful.