Wednesday, May 30, 2012

America's Most Innovative Neighborhood: 15 Square Miles In New Mexico, Population: 0 | Fast Company

America's Most Innovative Neighborhood: 15 Square Miles In New Mexico, Population: 0 | Fast Company
This summer, Pegasus Global Holdings will begin building a city from scratch in the desert just outside of Hobbs, New Mexico, that will look not unlike Hobbs itself. The Center for Innovation, Testing and Evaluation will be modeled on a mid-sized, mid-American town of about 35,000 people. Hobbs, located just outside the Texas border in the Southeastern corner of the state, is just a bit larger than that. The new city--CITE, as the locals and out-of-town developers call it--will similarly have a kind of downtown, a retail district, residential neighborhoods, and collar communities. It will have functioning roads, self-sustaining utilities, and its own communications infrastructure. It will not, however, have a single permanent resident.
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Monday, May 28, 2012

Compiled statutes for Illinois common interest housing

mckenzie-law - 1 - JMLS course RE 617A
I compiled the main statutes that govern CIDs in Illinois in a single PDF file with an index. You can download it from my law wiki. The statutes include the Illinois Condominium Property Act, the Illinois Common Interest Community Associations Act, and the Illinois General Not for Profit Corporations Act of 1986.

HOA conspiracy pleas set for this week - News - ReviewJournal.com

HOA conspiracy pleas set for this week - News - ReviewJournal.com
Ten people have already entered guilty pleas. This week, an additional sixteen defendants are expected to plead guilty. They include three retired police officers.   All these sixteen are cooperating with the US Attorney as they prepare to indict up to twelve alleged higher-ups in the massive, multi-million dollar scam that involved taking over HOAs and condo associations through rigged elections and using control of the associations to award service contracts to fellow conspirators.  Lawyers and property managers were, of course, up to their eyeballs in the entire scheme.

This tip-of-the-iceberg case highlights the extreme vulnerability of community associations to financial scams. They are run by untrained, unsupervised, and largely unregulated volunteers who are elected out of an internal political culture of non-participation and apathy. What would you expect, if not fraud, self-dealing, and incompetence?

Sunday, May 27, 2012

BofA tries turning distressed homeowners into renters - latimes.com

BofA tries turning distressed homeowners into renters - latimes.com

Testing a mortgage-to-lease program in the Golden State, Bank of America Corp. sent 300 letters this week inviting borrowers without other options to apply. An additional 1,500 letters will go out in the next few weeks as BofA — which also is testing the program in three other states — evaluates whether a national rollout is feasible.


BofA plans to sell the homes to investors. It typically would recoup far less than what's owed but would come out far ahead compared with where it would be after evicting borrowers, making "cash for keys" payments to help them move and selling empty and often vandalized foreclosures in the troubled housing market.
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This is what should have been happening since 2007, but in the millions instead of the hundreds, and mandated by law instead of some baby-step experiment by a too-big-to-fail bank that is insolvent anyway. Thanks to Fred Pilot for the link.

Death by Foreclosure | Occupy America

Death by Foreclosure | Occupy America
This is a link-filled article about the emotional toll of foreclosure and hard economic times.  Suicides, depression, anxiety, emergency room admissions, and general human misery. I have spent some time in foreclosure court recently, including volunteering to explain the process to rooms full of unrepresented people who are facing foreclosure.  As everybody knows, the number of foreclosure cases (nearly all mortgage foreclosures) has multiplied and shows no sign of leveling off--in fact, in many counties it is certain to increase for at least the next two or three years.  The stress on these people is enormous, but nobody in government seems to do more than pay lip service to that fact.  The Obama administration and the Democrats in Congress have been far more concerned about banks than people who are losing their homes. Across the nation, the much-ballyhooed mortgage robo-signing settlement is being gobbled up by states to balance their budgets:  "In Texas, $125 million went straight to the general fund. Missouri will use its $40 million to soften cuts to higher education. Indiana is spending more than half its allotment to pay energy bills for low-income families, while Virginia will use most of its $67 million to help revenue-starved local governments. Like California, some other states with outsize problems from the housing bust are spending the money for something other than homeowner relief. Georgia, where home prices are still falling, will use its $99 million to lure companies to the state."

I am wondering if this is part of a larger picture: a US population that is increasingly stressed-out, depressed, angry, and fearful.  We have developed a lifestyle in which most of the things we do involve automated and dehumanizing interfaces with large institutions.  These interfaces are frustrating and often intrusive, and involve little or no human interaction. Banking is increasingly online. Buying groceries? Scan and bag your own. Buy gas? Pump and pay yourself. Calling the doctor for a test result?  Wait half an hour to get through the voice mail system to a human being. And order your prescriptions online, please. On the job, support staff are being fired in droves and instead we are now doing everything ourselves using computer interfaces that were designed by computer geeks for computer geeks. I could go on, but everybody knows this.

Homeowner and condominium associations probably should be seen as part of this trend toward dehumanized social functions. We have replaced informal neighbor relationships and public local governments with a corporate institution that tends to be intrusive, expensive, impersonal, and often incredibly frustrating.

Saturday, May 26, 2012

HOA forecloses on Mesa homeowner | azfamily.com Phoenix

HOA forecloses on Mesa homeowner | azfamily.com Phoenix
She also stopped paying her monthly dues to the Fountain of the Sun Homeowners Association -- a requirement. She claims the HOA wasn't doing anything to keep up the neighborhood.

“They’re voted in. They do whatever they want with our money,” she said.

As a result, Brummer's HOA fees became so overdue that the HOA took her to court. In March, it actually won a judgment to foreclose on her home.

The foreclosure is to collect a total of $16,000. Nearly $13,000 are for HOA attorney fees, and the remainder is unpaid HOA dues and interest.

Brummer says she had no idea not paying HOA dues came with such a heavy price.

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So it seems that she knew she had an HOA but didn't like the way they did things, and she says she didn't know they could foreclose, so she stopped paying.  Eventually the HOA got a foreclosure judgment. This is a pretty shocking level of misunderstanding on her part.  If a person lives in an HOA with mandatory membership and mandatory assessments, it is child's play to enforce those obligations. 


George Staropoli says, of this situation:  "“The laws are pro-HOA laws,” Staropoll said. “The CC&Rs are adhesion contracts. The homeowner who lives in a homeowner association is deprived of the rights, privileges, and freedoms that he enjoys outside the HOA. Why are they taken away from him?”

That's true--there are a lot of "pro-HOA laws" that put owners at a disadvantage, as George says. However, this case would be an open and shut foreclosure under any state's laws, based on what is in this news account. It looks like a matter of complete ignorance of the entire concept. 


Maybe the Arizona state government should make sure people know what they are getting into when they buy into an HOA. Or maybe they should address the amount of attorney fees relative to the dues and late charges in question (in this case, $13,000 for the lawyers, $3000 for the HOA).  Every session the AZ legislature takes up a bunch of HOA reform bills, but I wonder sometimes if Arizona is like Texas--a place where, when all is said and done, the political climate just isn't particularly supportive of government protecting consumers.  Arizona is one of those red states where most of the voters seem to think we don't need no guvmint interfering in people's bidness.  (They would all die of thirst in three days if not for their dependence on the federal government for "the largest and most expensive aqueduct system ever constructed in the United States",but leave that aside for the moment.)  They keep voting for hard-right people like Jan Brewer, Jon Kyl, and Jeff Flake. Now they are going big for private prisons that are a bad deal.  Government bad, private sector good. And that kind of political culture isn't conducive to serious consumer protection. 


Thanks to Fred Pilot for the link. 

Wednesday, May 23, 2012

Residents question HOA accountability | KXAN.com

Residents question HOA accountability | KXAN.com
AUSTIN (KXAN) - A dispute over what could be more than $1 million in unaccounted-for spending by an Austin homeowners association has sparked a police inquiry into possible fraud and theft, a KXAN investigation has confirmed.
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Yes...another one.
Thanks to Fred Pilot for the link.

Monday, May 21, 2012

NYC's First Million Dollar Parking Spot to Hit Market - Local News - New York, NY - msnbc.com

NYC's First Million Dollar Parking Spot to Hit Market - Local News - New York, NY - msnbc.com
The private parking spot is located inside an eight-story luxury condominium building at 66 E. 11th St., and will come with its own deed and sales contract, the New York Post reports. Like a condo, it will be charged maintenance fees.
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So the 0.0001% are doing fine, thank you very much.

Inmates riot in Mississippi private prison, one guard killed

Inmates riot in Mississippi prison, one guard killed - chicagotribune.com

 Inmates seized control of a privately owned prison in Mississippi on Sunday after riots broke out, and a guard was killed in the chaos in the low security facility, authorities said. Adams County Coroner James Lee said the 23-year-old guard died of blunt trauma to the head during the riot at the Adams County Correctional Center, a privately owned prison that houses mostly illegal immigrants for the Federal Bureau of Prisons. "This is an ongoing riot that still has not been rectified because the prisoners are in still in charge of the prison," Lee said, speaking at around 9 p.m. local time. The disturbance in the 2,567-bed prison began on Sunday afternoon inside the facility in Natchez, Mississippi, the Corrections Corporation of America, which owns the prison, said in a statement.
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This experiment in privatization doesn't seem to be turning out so well.

At home with the denizens of Slab City - video reveals the lives of weirdos, hippies and drug addicts inhabiting the lawless patch of California desert | Mail Online

At home with the denizens of Slab City - video reveals the lives of weirdos, hippies and drug addicts inhabiting the lawless patch of California desert | Mail Online

'You have cool people, you have dumb asses and you have all those in between,' he says. 
'We just have fewer people and we have a general consensus to live and let live and to let each other alone and to mind their own business."
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And best of all, no homeowners' association to boss you around.

Camp: The former military base turned alternative community is now home to almost 2,000 people on and off

Wednesday, May 16, 2012

FOCUS: Colonized by Corporations

FOCUS: Colonized by Corporations
"We have been, like nations on the periphery of empire, colonized. We are controlled by tiny corporate entities that have no loyalty to the nation and indeed in the language of traditional patriotism are traitors. They strip us of our resources, keep us politically passive and enrich themselves at our expense."
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So says Chris Hedges, one of the most trenchant and literate critics of the role of corporations in our society.

Gov. Jan Brewer Signs New Law That Takes Debt Collectors' Word For How Much You Owe | Crooks and Liars

Gov. Jan Brewer Signs New Law That Takes Debt Collectors' Word For How Much You Owe | Crooks and Liars

The language in this bill — primarily, but unofficially, known as the Credit Card Responsibility Bill — that pertains to collection agencies is this:
“In an uncontested court action in this state a creditor may establish the amount of the debt that is owed on a credit card account through a copy of the issuer’s final billing statement or by the electronic record pursuant to section 44-7007 that is maintained by the issuer and that represents the amount owed. In contested actions the court shall weigh the evidence of the parties as required by law.”
"Well yes, theoretically, the courts would weigh evidence. But as we saw in the Florida foreclosure courts, judges simply rubber-stamped the bank requests, no matter how egregious or poorly documented their claims. So I wouldn't count on it."
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So Governor Brewer is making it easy for collection agencies to "prove" the amount that is owed. Now they don't have to go to the trouble of finding and digging through all the records of the original creditor to find out how much is really owed. They just offer the last billing statement.

follow up:  If you would like to read why this is a bad idea, with a real-world example from Tennessee, check out law professor Bob Lawless' take on it at the blog Credit Slips. : "The documentation problems identified in LVNV Funding are pervasive throughout the debt collection industry. Because not every court is careful and because not every consumer has good representation, credit card debts undoubtedly are being collected without adequate evidence the debt is due and owing." 

Wells Fargo Has Blood on Its Hands: Desperate Man Commits Suicide After Shocking Foreclosure Mistreatment | News & Politics | AlterNet

Wells Fargo Has Blood on Its Hands: Desperate Man Commits Suicide After Shocking Foreclosure Mistreatment | News & Politics | AlterNet
For every story about HOA foreclosure abuse, there are probably a hundred unpublicized stories of mortgage foreclosure abuse where banks that the taxpayers bailed out have been aggressively screwing people. They are misapplying payments, fraudulently force-placing insurance, losing checks, and doing other things to create a phony basis for "default," and then sending the file to a foreclosure mill.

Monday, May 14, 2012

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

A co-conspirator in the Plymouth Hill Condominium kickback scam pleaded guilty in court April 26 and has agreed to testify against his accomplices. Keith Brandolph, a salesperson with Siemens Fire Safety, pleaded guilty to one count of theft by deception and one count of engaging in criminal conspiracy after he admitted to helping the condo association manager swindle hundreds of thousands of dollars from owners within Plymouth Hill condominiums. Last year, the district attorney initially charged Vincent Lopez, the paid facility manager of the condo complex, and three others with cheating homeowners out of as much as $600,000 through various thinly veiled means of hiking association rates. Lopez and two others — Irving Betoff and Roosevelt Harris — are scheduled to plead guilty to unknown charges May 2. Patricia Paugh, assistant property manager of Plymouth Hill condos, who is charged with theft, criminal conspiracy and related offenses, is expected to plead guilty the following day.
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Thanks to Rodney Gray for this link. There have been so many of these episodes that you would expect demands for government oversight of property management firms. This one is from Pennsylvania.

Sunday, May 13, 2012

Covington-area family battles homeowners association over solar panels | NOLA.com

Covington-area family battles homeowners association over solar panels | NOLA.com

He had solar panels installed on the roof of his house in the Estates of Northpark near Covington in March and cut his family's time on the grid -- and his electricity costs -- by about 80 percent.
But the time for celebration never came. Before he ever received his first post-solar electric bill, his homeowners association sued him, saying Piazza had not gotten permission to install the panels on his house.
Neighbors in the gated enclave -- typical of many newer, upscale subdivisions in St. Tammany Parish -- also complained that the eco-friendly panels are "unsightly," according to the lawsuit.
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Thanks to Fred Pilot and Beanie Adolph for this link. It seems that this solar panel vs. HOA issue may become a  serious problem that will require national legislation. That's what happened with satellite dishes. Eventually the satellite TV industry lobbied congress, which ordered the FCC to draft a rule, and now we don't see so many conflicts over satellite dishes in HOA and condo properties. Solar panels will be a major part of our energy supply system eventually, and I can't see condo and hoa boards being allowed to get in the way of that, particularly on "unsightliness" grounds.

Friday, May 11, 2012

Fannie Mae had first-quarter profit, needs no new taxpayer funds - latimes.com

Fannie Mae had first-quarter profit, needs no new taxpayer funds - latimes.com

WASHINGTON — Fannie Mae on Wednesday reported a $2.7-billion profit for the first three months of the year and will not need new taxpayer money for the first time since the government seized the housing finance giant in 2008.


Fannie Mae said the improvement in its finances came from a slower decline in housing prices, a lower rate of homeowners behind on their payments and fewer foreclosed homes on the company's books.
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It's nice to see something that isn't entirely negative. I think that passes for semi-optimism.

Wednesday, May 09, 2012

The woman who lives in a shed: how London landlords are cashing in | Society | The Guardian

The woman who lives in a shed: how London landlords are cashing in | Society | The Guardian

Council finds people living in everything from massively overcrowded houses to a walk-in freezer – and the problem is getting worse...Converted sheds have become an increasingly mainstream – if illegal – part of the London property market. It's a logical development, given the explosion of property prices throughout the capital, and the huge shortage of supply. As central London becomes more expensive, people are pushed further out and rental prices even in Newham, which is the second most deprived borough in England and Wales, are rising fast.
Landlords are subdividing family homes into smaller and smaller units, haphazardly extending plumbing and electricity connections from the main properties into the garden sheds and garages, which they have no problem in renting out.
Newham's mayor, Sir Robin Wales, is dismayed. "It's big money. You get a few breeze blocks, sling up some crappy old shed in your back garden, and now you're making hundreds and hundreds of pounds a week. It doesn't take long for you to make a lot of money out of it, provided you are prepared to trade in human misery.
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Life under the virtuous austerity program of David Cameron is working out to be much like the Victorian Era. They are back in recession. If the Republicans take over the national government in November, we can look forward to the same.

Ecuador law would forgive debt on defaulted mortgages of first-time buyers - The Washington Post

Ecuador law would forgive debt on defaulted mortgages of first-time buyers - The Washington Post

QUITO, Ecuador — Ecuador’s legislature has passed legislation that would require banks to forgive any outstanding debt on mortgages for first-time home buyers of properties worth up to $146,000 if they default and forfeit a home.


The measure, aimed at discouraging a real estate bubble of the type that has caused so much pain in the United States and Europe, won praise from many Ecuadoreans on Wednesday. The country’s banking industry did not immediately comment.
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That makes Ecuador the leading edge of housing finance reform.

George Lucas pushes low-income housing option

George Lucas pushes low-income housing option
The Marin Community Foundation announced Tuesday that it is working with Lucasfilm to "explore options" for building affordable housing in the location where the movie mogul wanted to build a film studio until residents in an adjacent subdivision protested.

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I can see why "affordable" housing is needed there. Marin County homes are currently worth an average of $565,000.

Tuesday, May 08, 2012

PHOTOS: Wilbur the pig wins Texas HOA court battle | kens5.com San Antonio

PHOTOS: Wilbur the pig wins Texas HOA court battle | kens5.com San Antonio
The HOA says Wilbur is livestock. The family says he is a pet. The judge agrees with the family: Wilbur is a pet. I wonder if he asked, "But why does the pig have a wooden leg?" (IF you don't know that joke, it's easy to look up.)

Thanks to Fred Pilot for the link.
<font color=990000>PHOTOS:</font> Wilbur the pig wins Texas HOA court battle

Monday, May 07, 2012

“The HOAX” is Plugged on ABC Channel 13 Las Vegas | The HOAX documentary

“The HOAX” is Plugged on ABC Channel 13 Las Vegas | The HOAX documentary
Yes, indeed it is. There is even a link on the Channel 13 website to the trailer for Rodney's film.

HOA board member's bad behavior catches up with him - www.ktnv.com

HOA board member's bad behavior catches up with him - www.ktnv.com

North Las Vegas, NV (KTNV) -- He's the man Contact 13 dubbed president of the HOA Hall of Shame.
And now, his reign may be coming to an end.
Chief Investigator Darcy Spears first broke this story in late 2010. Now, a year and a half later, the state is finally taking action against Joe Bitsky...The letter says the Real Estate Division has "obtained sufficient evidence to commence a disciplinary action... and intends to file a complaint for hearing before the Commission for Common Interest Communities." In the letter, the Autumn Chase board is accused of violating more than 16 state laws, including failing to audit HOA funds; failing to hold proper elections; and conducting financial transactions not in the association's interest and for their own personal gain such as using association money to install security cameras on their home....And as always, continue sending your nominations for the HOA Hall of Shame to 13investigates@ktnv.com.
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And check out this plug for Rodney Gray's new documentary:  "Bitsky's behavior and Contact 13's coverage of it has earned Autumn Chase and our own Darcy Spears a featured spot in a soon-to-be-released national documentary on HOAs. We've set up a link to the trailer.  To see it, just type links in the search box.."

Off the Grid : Eric Valli

Off the Grid : Eric Valli


"There are growing number of people 
who have decided to live light on the earth
to not be a part of problem anymore
I spent the last few years with four of them 
striving for harmony with nature 
in the most pristine corners of United States."
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These photos are just amazing. Take a look.

The homes of the future: Amazing pictures of sleek and stylish houses show next generation of American living | Mail Online

The homes of the future: Amazing pictures of sleek and stylish houses show next generation of American living | Mail Online
Isn't it interesting that whenever people talk about homes of the future or dream homes, the place is always unique and often designed to reflect the owner's interests or personality?  That is, when the owner is rich. When the owner is a working schmoe like most of us, s/he gets a place that is a testament to rigid uniformity.  Not only does look like everything else in the neighborhood--it comes with a set of rules that make it impossible for the owner to make any significant changes in the house's appearance, size, or function.  I guess individualized homes are a perquisite of the rich and famous. The rest of us are governed by the banking and investment system that requires fungible housing units, so they can be securitized and valued and maintained as little pieces of security for mortgage backed securities.

Sunday, May 06, 2012

State lawmakers look to ease oversight on private prisons - CBS 5 - KPHO

State lawmakers look to ease oversight on private prisons - CBS 5 - KPHO

Two convicted killers and a third dangerous criminal broke out of a medium security private prison facility in Kingman Arizona in July 2010.
The escapees were eventually caught after a nationwide manhunt, but not before an Oklahoma couple was killed.
The escape and murders that followed raised some serious questions about private prison safety standards and whether new policies should be put in place to prevent prison breaks from happening again.
Two years later, Arizona lawmakers have decided to go in a different direction.
Buried in the $8.6 billion budget proposal passed at the state Capitol this week is a plan to "eliminate the requirement for a quality and cost review of private prison contracts."
It means there would no longer be an annual review of how private prisons operate.
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Great idea. Handle privatized prisons the same way they handle privatized neighborhoods: no oversight. That way, the private contractors can claim that privatization is a huge success. Maybe Zogby could do a quick poll...
Oh, and guess what the last study found:  "That study found that in some cases private prisons cost taxpayers more than state-run facilities."

Saturday, May 05, 2012

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News

Co-conspirator in Plymouth Hill condo scam pleads guilty - Colonial News - Montgomery News
Keith Brandolph, a salesperson with Siemens Fire Safety, pleaded guilty to one count of theft by deception and one count of engaging in criminal conspiracy after he admitted to helping the condo association manager swindle hundreds of thousands of dollars from owners within Plymouth Hill condominiums.

Last year, the district attorney initially charged Vincent Lopez, the paid facility manager of the condo complex, and three others with cheating homeowners out of as much as $600,000 through various thinly veiled means of hiking association rates.

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Thanks to Fred Pilot for this link to yet another horrible story of owners victimized by crooked condo industry professionals. Tell me again why the property management industry doesn't need governmental oversight? 

Wednesday, May 02, 2012

Let’s just say it: The Republicans are the problem. - The Washington Post

Let’s just say it: The Republicans are the problem. - The Washington Post
This is from two prominent political scientists. They have a book coming out and this article is something to get the pump primed. I think they have things pretty well figured out.

Lawsuit: HOA Guards Threatened Tenants With Tasers, Stole Naked Pictures Over Foreclosure Miscommunication - The Consumerist

Lawsuit: HOA Guards Threatened Tenants With Tasers, Stole Naked Pictures Over Foreclosure Miscommunication - The Consumerist

Renters of a California condo say they got a rude awakening when a group of guards hired by their homeowners association allegedly used Taser guns to evict them from a house they didn't know had been foreclosed on.
According to the lawsuit filed this week in the Superior Court of California in Sacramento, the guards entered the building without permission around 3 a.m. and began a "military style raid of plaintiffs' residence."
One officer allegedly told the tenants who were present at the time that the building was supposed to be vacant and that everyone in the condo would be charged with burglary and trespassing. The guards said they had been told by the HOA that the people in the building were squatters.
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Thanks to Mystery Reader for this story about an HOA that went all Rambo on some tenants in a foreclosed unit. The article says there was an unlawful detainer action on file to evict them, but the tenants hadn't been served with it so they didn't know about it. Now there is another lawsuit: "The tenants have sued the guards and the HOA, seeking damages for trespass, extortion, assault and battery, false imprisonment, invasion of privacy, conversion and intentional infliction of emotional distress."
Here is the full original story.

14 more criminal cases unsealed in Las Vegas HOA probe - Tuesday, May 1, 2012 | 8:17 p.m. - VEGAS INC

14 more criminal cases unsealed in Las Vegas HOA probe - Tuesday, May 1, 2012 | 8:17 p.m. - VEGAS INC
That makes a total of 25 criminal cases. Eleven defendants have pled guilty to date. Thanks to Fred Pilot for the link.

Monday, April 30, 2012

Maybe no housing rebound for a generation: Shiller - Chicago Tribune

Maybe no housing rebound for a generation: Shiller - Chicago Tribune

"I worry that we might not see a really major turnaround in our lifetimes," Shiller said.
The S&P/Case-Shiller composite index of 20 metropolitan areas gained 0.2 percent in February on a seasonally adjusted basis, the first uptick in prices in 10 months.
But Shiller called it "a very mixed bag." Nine of the 20 cities recorded falling or flat prices on the month.
He said suburban areas in particular might endure further price declines as high gas prices increase demand for "walkable cities."

Sunday, April 29, 2012

Non-Disparagement - Contract Standards

Non-Disparagement - Contract Standards
Here is an explanation of non-disparagement clauses like the one referred to in the article cited below. It seems that they are already being used in CC&Rs. I can see why Warner Brothers and CBS would put one in Charlie Sheen's contract. I can't see why every homeowner in a CID should be silenced. I haven't researched the enforcement of these clauses in that context, and if anybody has a case citation please send it along.

U.S. Homeownership Hits Decade Low

U.S. Homeownership Hits Decade Low
From a high of 73% in 2006-2007, the homeownership rate has dropped to 62% and falling.  And back in 2006, 92% of Americans said their home was worth more than they paid for it. Now only 53% say that, and most of them are wrong.

Saturday, April 28, 2012

Progressive: Small but growing group of vacation rental owners with non-disparagement clauses - chicagotribune.com

Progressive: Small but growing group of vacation rental owners with non-disparagement clauses - chicagotribune.com
"It has come to our attention that you have written an unauthorized review regarding your stay at a home managed by Progressive Management Concepts," it said. "If this review is published by VRBO.com, you will be in violation of the confidentiality clause of the rental contract you agreed to when you made your reservation."

When the Dorows refused to remove the review from VRBO.com, the site through which they'd found the rental, Progressive Management promptly charged $500 to their credit card.

Progressive is among a small but apparently growing group of vacation rental owners and management companies adding non-disparagement clauses to their contracts.

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Thanks to Fred Pilot for this link to another example of our fine print society in action. As Fred says, soon we may be seeing "no disparagement" clauses in HOA and condo CC&Rs. 

Canceled foreclosure sales saddle neighbors, HOAs with expenses - Tampa Bay Times

Canceled foreclosure sales saddle neighbors, HOAs with expenses - Tampa Bay Times

Two doors away, the back yard of an abandoned home overflows with trash; rain pours in open windows; weeds have overgrown the lawn. The pool, filled with black muck, draws swarms of bugs. "I was expecting well-kept yards," Lane said. "I live two doors from a dump. If it goes up in flames and catches our house on fire, who is responsible?" The foreclosure crisis has littered the region with thousands of abandoned homes. The houses sit idle as banks have been slow to seize them in the final stage of the foreclosure process, the public auction...In the last 12 months, lenders have canceled auctions on 4,204 properties in Pinellas and Hillsborough counties. Sales have been canceled two, three, even nine times on some homes. In many cases, banks delay seizures to avoid having to pay maintenance bills or homeowner association fees. Meanwhile, neighbors fend off vandals and thieves and worry about property values falling because of the deteriorating houses.
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Your friends, the banks. They are too big to fail, in case you have forgotten. Thanks to Fred Pilot for this link.

Homeowners’ head slain, wife critical | Tempo - News in a Flash

Homeowners’ head slain, wife critical | Tempo - News in a Flash

CAMP OLIVAS, Pampanga – A president of a homeowners’ association was shot dead while his wife is in critical condition when they were peppered with bullets by an unidentified gunman in Barangay Sto. Tomas, Subic.
Police identified the victim as Jaime Castillo, president of the Magdalena Homes subdivision, Barangay Sto. Tomas, Subic. His wife, Lamonza Victoria, remains in critical condition at an undisclosed hospital due to gunshot wounds in the body.
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In the US, HOA presidents complain when people don't appreciate their hard work. In the Philippines, they get shot. Thanks to Fred Pilot for this multicultural insight.

Friday, April 27, 2012

Financial controls in Dixon were the perfect storm of embezzlement, an expert says - chicagotribune.com

Financial controls in Dixon were the perfect storm of embezzlement, an expert says - chicagotribune.com

Numerous financial safeguards broke down or simply didn't exist in Dixon, experts say, allowing Rita Crundwell, the city's longtime treasurer and comptroller, to allegedly pilfer an astonishing $30 million from the coffers of the small northwestern Illinois town over the last six years...Michael Pagano, dean of the College of Urban Planning and Public Affairs at the University of Illinois at Chicago, said the commission form of government dates to more than a century ago and was meant as a reform measure, making each council member responsible for a particular city function. Only about 50 of the state's approximately 1,300 municipalities still use that form of government, according to a 2006 state report.  The drawback, Pagano said, is that professionals aren't necessarily overseeing critical city functions. Diverting money would be more difficult in a professionally managed city government, he said.
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And you thought your HOA was bad.  The little city of Dixon, IL, is home to a $30 million dollar embezzlement case. Mike Pagano, my UIC colleague, is right. The commission form of government is a strange system.

Downtown residential high-rises prepare for NATO summit - chicagotribune.com

Downtown residential high-rises prepare for NATO summit - chicagotribune.com

In just a few weeks, the North Atlantic Treaty Organization will hold its annual summit in Chicago. It's the first time the group, a political and military alliance of 28 member countries, has gathered in a U.S. city other than Washington.
Many Chicagoans are proud to play host, but others are jittery. Board members and managers of downtown residential high-rises are concerned about the safety and well-being of residents, employees and property.
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Interesting piece by Pamela McKuen about the anxieties in the condo community about the upcoming NATO summit and the anticipated demonstrations. 

Wednesday, April 25, 2012

Scott urged to veto bill requiring homeowners to make neighborhood repairs | StAugustine.com

Scott urged to veto bill requiring homeowners to make neighborhood repairs | StAugustine.com
In recent days, Gov. Rick Scott has received a digital flood of more than 1,000 emails opposing HB 1013, which would codify that homeowners are not entitled to an “implied warranty” for amenities outside their homes — damaged roads, driveways, drainage systems and the like. Many of the emails came from homeowners associations, which have amassed an organized campaign to keep the controversial law off the books. Scott received the bill last week and has one more week to decide whether to sign it.
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This bill would stick CID owners with the bill for repairing and replacing faulty infrastructure bequeathed to them by the developer.  Of course, the reason cities approve and often require HOA housing is to have the developer build the infrastructure. The developer passes that cost on to the owners in the form of a higher purchase price, and the cost of maintaining it falls on the owners as well through their assessments. But what if the developer does a lousy job of building the roads or sewer system? A Florida appeals court in Lakeview Reserve HOA v. Maronda ruled that: 


"The sole issue for our review is whether a homeowners association has a claim for breach of the common law implied warranties of fitness and merchantability, also referred to as a 904warranty of habitability, against a builder/developer for defects in the roadways, drainage systems, retention ponds and underground pipes in a residential subdivision. We hold that it does and, accordingly, reverse."


Now that case is on appeal to the Florida Supreme Court. In the meantime, a helpful Republican legislator, Frank Artiles is flacking for the developers by pushing a bill that would reverse the appellate court via legislation and pre-empt the Supreme Court from affirming. 


If this bill passes, or if the Supreme Court reverses the appellate court, it will mean that owners are on the hook for all the risks associated with their private infrastructure--not just maintenance and the eventual cost of repair and replacement, but also the risk that it wasn't built correctly to begin with.

Monday, April 23, 2012

67-year-old Kingwood Woman Loses Home For Not Paying HOA Dues

67-year-old Kingwood Woman Loses Home For Not Paying HOA Dues

HOUSTON - This four-bedroom, two bathroom house has been Ann Izzat's home for almost 32 years.
Even though it's completely paid off, Ann was evicted. It followed a knock on the door just a couple of days ago.
"I saw my mom go outside," Ann's son Anthony Izzat said. "The next thing I know she came back in and told me we had 30 minutes to get al of our stuff, all thirty two years, and get it out, I went outside and asked for a card, they sat out here and actually laughed and said trust us."
"We had to leave and could not be at home while all the contents could be removed, they took all the contents to storage," Ann Izzat said. "I was shocked I didn't know what was happening."
Ann's HOA took her home because she owed the association a little over $1,200.
"I may have forgotten to pay," Ann said. "I wasn't aware of that problem though, I wasn't aware of it."

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Thanks to Shu Bartholomew for this story--one more among many, but according to the industry this never happens.

Neighbour from hell ordered hundreds of taxis, takeaways and coal to victim's house | Mail Online

Neighbour from hell ordered hundreds of taxis, takeaways and coal to victim's house | Mail Online

A neighbour from hell has been jailed after he spent a decade ordering hundreds of unwanted taxis, takeaways and two tons of coal to the homes of his victims.
Paul Hayward’s campaign of harassment saw him throw mud, food and rubbish into their gardens and plague them with more than 150 silent phone calls.
His former neighbours spoke of their relief as he was sentenced to 14 months in prison after he breached an anti-social behaviour order on 19 occasions.

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And you think your condo association is bad?

Stop-gap home? Polish flat built in an alleyway is just 5ft wide - and won't even have room for stairs when it opens in June | Mail Online

Stop-gap home? Polish flat built in an alleyway is just 5ft wide - and won't even have room for stairs when it opens in June | Mail Online
The potential for condo developers is obvious...

Prime location? The flat is so thin there is no room for stairs - instead, inhabitants will use ladders to get around

Sunday, April 22, 2012

Armored catfish chews up South Florida lakes - South Florida Sun-Sentinel.com

Armored catfish chews up South Florida lakes - South Florida Sun-Sentinel.com
Armored catfish

A pesky burrowing fish that has no natural predator is wreaking havoc in South Florida.
The armored catfish eats away at local lakes, contributing to erosion that can steal more than 10 feet off the water's edge.
Someone even tried spearfishing in a desperate effort to eliminate them, according to one resident of the Royal Lakes community west of Boynton Beach.
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As if the foreclosures weren't enough, it had to be armored catfish.

Flawed analysis props up BC public private partnerships | Canadian Centre for Policy Alternatives

Flawed analysis props up BC public private partnerships | Canadian Centre for Policy Alternatives

"Traditionally, governments borrow money for things like hospitals and bridges. They use that money to pay the private sector to design and build the projects. Once built, the facility or infrastructure is wholly owned, operated and maintained by government on behalf of the public.  In P3 projects, however, the government typically enters into multi decade contracts with private corporations to design, build, finance and operate facilities, whether that be hospitals, toll highways or sewage treatment systems. Rather than financing and operating these facilities, the government effectively leases them from the private partner, paying for the right to use them over the life of the contracts...When private companies finance public projects, they pay higher interest rates on what they borrow and require a high rate of return on what they invest. The higher costs of private financing for P3s are built into the lease rates that taxpayers ultimately pay, and are much higher than the debt service costs that government would pay if it financed the projects itself. For large, expensive public infrastructure, that can add hundreds of millions of dollars to the total expenditures government incurs over the life of the project."[emphasis added]
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And that's what is going on with public-private partnerships in Canada.  So what are we doing here in Chicago?  Mayor Rahm Emanuel is cramming through the City Council a public-private partnership arrangement called the Chicago Infrastructure Trust, expected to pass on Tuesday.  It amounts to a privatization of the funding for infrastructure. Question: why would a city with the ability to sell bonds bother to do this? No city has ever done this.  It makes no sense...unless you are a new Mayor who wants to pad his resume so he can run for higher office as The Man Who Rebuilt Chicago's Infrastructure While Solving the Budget Crisis at the Same Time.  Maybe he figures to be in Springfield or Washington when the people of Chicago are paying the exorbitant bill in the form of charges and user fees.  That's what happened with the privatization of the Chicago Skyway, four municipal parking lots, and the City's parking meters.  The rates went through the roof, but they aren't taxes or user fees paid to the city, they are charges that are paid to, and controlled by, faceless corporations backed by sovereign wealth funds and who-knows-what, so there is nobody to complain to. The decisions are beyond political control, and that's the way things will be with this Infrastructure Trust.

Library Tower Condo | Residents of State Street Condo Told To Leave Chicago During NATO Summit

Library Tower Condo | Residents of State Street Condo Told To Leave Chicago During NATO Summit
Library Tower, 520 S State St, Chicago
 Residents of a Chicago condo whose building will be in the eye of the NATO storm are being warned that they should move out for the weekend ... or risk being trapped inside by rioters.
FOX Chicago News was first to report Friday that the people living in the 17-floor Library Tower building at 520 South State Street were warned in a letter from condo management that "we are STRONGLY recommending that all residents find places to stay during the conference from May 18 through May 21."
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Flee! Flee for your lives! The peasants are revolting.

Investor 'feeding frenzy' gobbles up Sacramento-area homes for rentals - Real Estate - The Sacramento Bee

Investor 'feeding frenzy' gobbles up Sacramento-area homes for rentals - Real Estate - The Sacramento Bee

As the Sacramento housing bust enters its seventh year, it's taken on yet another defining characteristic. Investors are snatching up homes at rock-bottom prices, renting them out and earning money from rents that, in many cases, are significantly higher than mortgage payment sin the region.
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The same thing is happening here in the Chicago area, Florida, and elsewhere. People with cash to burn, including hedge funds, are "investing" in foreclosed homes that they buy cheap from banks and then rent out.  They sometimes buy most or all the units in a condo building. Thanks to Fred Pilot for the link.

Read more here: http://www.sacbee.com/2012/04/21/4431322/investor-feeding-frenzy-gobbles.html#storylink=cpy

Taylor couple loses appeal — over a fence | The Detroit News | detroitnews.com

Taylor couple loses appeal — over a fence | The Detroit News | detroitnews.com
The couple acknowledge they didn't follow the rule but say the association has ignored others who put up fences. The appeals court says strict language in the deed trumps any lax enforcement.
The couple say they surveyed their neighbors and found a majority would favor the fence. The court says public opinion in this case doesn't matter.
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Thanks to Don Nordeen for this link. Waiver and estoppel? Don't matter.  Neighbors don't care? Doesn't matter. Words?  They are all that matter.

Monday, April 16, 2012

Camden targets blighted buildings for demolition | Courier-Post | courierpostonline.com

Camden targets blighted buildings for demolition | Courier-Post | courierpostonline.com
CAMDEN — The city is plagued by thousands — estimates are between 3,000 and 5,000 — of abandoned buildings, the result of decades of depopulation and disinvestment.
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And lots of them are about to be destroyed.

Dan Walters: Stockton not only California government in financial distress - Dan Walters - The Sacramento Bee

Dan Walters: Stockton not only California government in financial distress - Dan Walters - The Sacramento Bee

Mammoth Lakes, one of the state's smallest cities, is going through the same process as Stockton, having lost a big lawsuit, and if it can't work out a payment plan for the judgment, it's probably headed to bankruptcy court.
A number of school districts have been listed by the state as being in fiscal distress, some facing the prospect of state receivership. And cities large and small throughout the state, especially those that overspent housing bubble revenue, are likewise in trouble – including the largest, Los Angeles.
The city's top administrator, Miguel Santana, used the B-word this month as he reported a large and increasing deficit in the Los Angeles budget, terming it "crisis mode" that could require privatization of some city services, layoffs of employees and new taxes to relieve.
"We're facing the complete devastation of city services, including public safety," Santana told theLos Angeles Times.
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Thanks to Fred Pilot for this link. I was in Pasadena from Friday to Sunday for my mother's 90th birthday, and it is remarkable how successfully Pasadena has redeveloped its downtown. But as we can see, many California cities are in an increasingly desperate situation.