Many earthen dams on private property are behind on repairs | The Columbus Dispatch
"Almost 43 percent of the high-hazard earthen dams in Ohio are on private land — about 200 in all. They’ve been designated as such because if the dams fail, people who live in the water’s path likely will die. Like those owned by the state, private dams pose a serious threat in part because the Ohio Department of Natural Resources, the state agency that inspects dams, goes easy on dam owners. It lets some dams remain dangerous for decades as it tries to negotiate repairs. Owners also are to blame: They often are ignorant about dam safety and lack money for repairs. “I think people are not aware of the liability that comes with the dam. ... There’s potential for great disaster, and people don’t realize that,” said Hans Gottgens, a professor of environmental sciences at the University of Toledo who has studied dam failure."
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The condition of public infrastructure in this country is deplorable, and private infrastructure may be even worse. But we are doing a great job of blowing up infrastructure in other countries and then paying private contractors to rebuild it. So there's that. Thanks to Deborah for this link. By the way, take a look at this list of high speed rail miles of track by country and see where USA ranks. This is what happens when a country is run by people who think the only proper roles of government are to make war and to serve as a source of plunder for the rich.
Tuesday, June 02, 2015
Monday, June 01, 2015
How California Homeowners Are Dealing with Drought | Digital Trends
How California Homeowners Are Dealing with Drought | Digital Trends
"Per the new regulations, watering lawns within 48 hours of “measurable” rainfall is a finable offense. Some people are forgoing their lawns all together, either following the State Water Resources Control Board’s urgings to let the die or finding creative solutions. Some are painting their lawns green. Others are ripping them up and putting in artificial turf (to the dismay of homeowners associations) or shrubs and plants that thrive in drought conditions (known as xeriscaping), thanks to rebates available in some areas."
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Maybe the political system's reflexive deference to HOA regulations has finally run out, along with the state California's water supply. After all these decades of state legislatures and courts acting like the whims of some long-gone developer and his lawyer are holy writ, it would be nice to see some recognition that private law-making is subordinate to public policy.
"Per the new regulations, watering lawns within 48 hours of “measurable” rainfall is a finable offense. Some people are forgoing their lawns all together, either following the State Water Resources Control Board’s urgings to let the die or finding creative solutions. Some are painting their lawns green. Others are ripping them up and putting in artificial turf (to the dismay of homeowners associations) or shrubs and plants that thrive in drought conditions (known as xeriscaping), thanks to rebates available in some areas."
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Maybe the political system's reflexive deference to HOA regulations has finally run out, along with the state California's water supply. After all these decades of state legislatures and courts acting like the whims of some long-gone developer and his lawyer are holy writ, it would be nice to see some recognition that private law-making is subordinate to public policy.
Sunday, May 31, 2015
Franklin HOA settles suit after denying room for disabled kids
Franklin HOA settles suit after denying room for disabled kids
File this one in the "some people never learn" category:
"A Franklin homeowners association has agreed to pay $156,000 to parents who said they were unfairly barred from building a therapeutic space for their two children with Down syndrome. The specially designed sun room would have been a place for Charles and Melanie Hollis' young kids to play and receive physical therapy, but the Chestnut Bend Homeowners Association denied their request to construct it based on concerns about the way the addition would look, a 2012 federal lawsuit alleged. That, the lawsuit said, constituted discrimination and a violation of the Fair Housing Act, which makes it illegal for agencies to turn down what are called "reasonable modifications" that make it possible for residents with disabilities to more fully enjoy their homes."
File this one in the "some people never learn" category:
"A Franklin homeowners association has agreed to pay $156,000 to parents who said they were unfairly barred from building a therapeutic space for their two children with Down syndrome. The specially designed sun room would have been a place for Charles and Melanie Hollis' young kids to play and receive physical therapy, but the Chestnut Bend Homeowners Association denied their request to construct it based on concerns about the way the addition would look, a 2012 federal lawsuit alleged. That, the lawsuit said, constituted discrimination and a violation of the Fair Housing Act, which makes it illegal for agencies to turn down what are called "reasonable modifications" that make it possible for residents with disabilities to more fully enjoy their homes."
Homeowners sue Barrington Hills after tree dispute bars them from moving in - Barrington Courier-Review
Homeowners sue Barrington Hills after tree dispute bars them from moving in - Barrington Courier-Review
"Homeowners have sued the village of Barrington Hills after being denied permission to move into their newly built mansion because of a dispute over the number of trees on the property. Najamul and Nausheen Hasan built a 9,200-square-foot estate on a five-acre lot they purchased in 2007, but they sued last week after they were recently denied an occupancy permit by the village. The Hasans claim in the suit that the village's tree ordinance — spelling out how builders must replace the trees that they remove during construction — is unconstitutional. They also say their civil rights are being violated, and that the matter is "of an emergency nature" because they have leased their residence in Hoffman Estates after being told by the village's building officer that they would be granted a temporary occupancy permit. The temporary permit for occupancy was later denied."
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This complicated dispute about the number and species of trees that the Hasans are supposed to plant, to replace the ones they cut down during construction, all started when the president of the HOA contacted the village of Barrington Hills. She says she "speaks for the trees." Remember the Lorax, from Dr. Seuss? That's what he said. One of my favorite stories, by the way--not to take sides in this Barrington Hills tree saga.
"Homeowners have sued the village of Barrington Hills after being denied permission to move into their newly built mansion because of a dispute over the number of trees on the property. Najamul and Nausheen Hasan built a 9,200-square-foot estate on a five-acre lot they purchased in 2007, but they sued last week after they were recently denied an occupancy permit by the village. The Hasans claim in the suit that the village's tree ordinance — spelling out how builders must replace the trees that they remove during construction — is unconstitutional. They also say their civil rights are being violated, and that the matter is "of an emergency nature" because they have leased their residence in Hoffman Estates after being told by the village's building officer that they would be granted a temporary occupancy permit. The temporary permit for occupancy was later denied."
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This complicated dispute about the number and species of trees that the Hasans are supposed to plant, to replace the ones they cut down during construction, all started when the president of the HOA contacted the village of Barrington Hills. She says she "speaks for the trees." Remember the Lorax, from Dr. Seuss? That's what he said. One of my favorite stories, by the way--not to take sides in this Barrington Hills tree saga.
Saturday, May 30, 2015
Foreclosure scam ordered to repay $11M to distressed homeowners | TheHill
Foreclosure scam ordered to repay $11M to distressed homeowners | TheHill
"The lawyers behind a foreclosure scam were ordered Friday in federal court to repay more than $11 million that it took for vulnerable homeowners. The Consumer Financial Protection Bureau and the state of Florida accused the scammers, led by the Hoffman Law Group, of tricking distressed homeowners into joining frivolous lawsuits that would supposedly provide foreclosure relief."
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After the housing market crashed in 2007-08, a whole lot of "foreclosure rescue" businesses were set up. Many of them were nothing more than fraud rings and they operated for years--with many still in business. It's a great example of how little our policy makers care about homeowners and how much they care about banks.
"The lawyers behind a foreclosure scam were ordered Friday in federal court to repay more than $11 million that it took for vulnerable homeowners. The Consumer Financial Protection Bureau and the state of Florida accused the scammers, led by the Hoffman Law Group, of tricking distressed homeowners into joining frivolous lawsuits that would supposedly provide foreclosure relief."
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After the housing market crashed in 2007-08, a whole lot of "foreclosure rescue" businesses were set up. Many of them were nothing more than fraud rings and they operated for years--with many still in business. It's a great example of how little our policy makers care about homeowners and how much they care about banks.
New law aims to lift artificial turf ban on HOA property | FOX5 San Diego – San Diego news, weather, traffic, sports from KSWB
New law aims to lift artificial turf ban on HOA property | FOX5 San Diego – San Diego news, weather, traffic, sports from KSWB
"CHULA VISTA, Calif. — On the heels of new water regulations that start Monday across San Diego, one answer to California’s massive drought may come in the form of something fake. There’s a turf war brewing over a bill making its way to the State Senate. The bill would make it illegal for homeowners associations (HOAs) to prohibit fake turf."
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This has passed the Assembly. If it passes the Senate, I hope the Governor signs it this time.
"CHULA VISTA, Calif. — On the heels of new water regulations that start Monday across San Diego, one answer to California’s massive drought may come in the form of something fake. There’s a turf war brewing over a bill making its way to the State Senate. The bill would make it illegal for homeowners associations (HOAs) to prohibit fake turf."
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This has passed the Assembly. If it passes the Senate, I hope the Governor signs it this time.
HOA tows heart attack victim's car from neighborhood - News3LV
HOA tows heart attack victim's car from neighborhood - News3LV
"Virginia says she also heard her car was towed because it was in the same spot for more than 72 hours. "Just because my mom doesn't drive her vehicle very often, doesn't give them the right to tow it," says Jason Lenderman, Virginia's son."
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Of course this story doesn't have all the facts, but this sounds like one of those all-too-common situations where the owner is outraged and the media coverage implies that the association is being unreasonable, but when all is said and done the association has the law on its side and they can do this is if they want to. So it's just a question of whether they want to put up with the bad press.
"Virginia says she also heard her car was towed because it was in the same spot for more than 72 hours. "Just because my mom doesn't drive her vehicle very often, doesn't give them the right to tow it," says Jason Lenderman, Virginia's son."
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Of course this story doesn't have all the facts, but this sounds like one of those all-too-common situations where the owner is outraged and the media coverage implies that the association is being unreasonable, but when all is said and done the association has the law on its side and they can do this is if they want to. So it's just a question of whether they want to put up with the bad press.
The Supreme Court Could Transfer A Lot Of Political Power Away From Cities | FiveThirtyEight
The Supreme Court Could Transfer A Lot Of Political Power Away From Cities | FiveThirtyEight
The conservative majority on the Supreme Court seems to have decided that they need to get their thumb on the scale of partisan politics. They have destroyed campaign finance regulation, they gutted the Voting Rights Act, and now they have two redistricting cases that could give the Republicans a huge advantage--which they just happen to need, because their voters are dying off. Coincidence? Sure.
The conservative majority on the Supreme Court seems to have decided that they need to get their thumb on the scale of partisan politics. They have destroyed campaign finance regulation, they gutted the Voting Rights Act, and now they have two redistricting cases that could give the Republicans a huge advantage--which they just happen to need, because their voters are dying off. Coincidence? Sure.
Thursday, May 21, 2015
Las Vegas HOA takeover fraud ring sentencings
There are many sentencings going on this week in the multi-million dollar Las Vegas HOA takeover fraud prosecution. I believe the number of people convicted stands at 38, and they include attorneys and former police officers. I will post a summary of these sentences when the dust settles.
Man charged in $4.1 million condo fraud
Man charged in $4.1 million condo fraud
Oh, Canada:
"A St. Catharines man has been charged with defrauding 13 Hamilton and Burlington condominium corporations of $4.1 million. Police say Brett Mackenzie Leahey, 45, acted as the owner/operator of Integrated Condominium Management, a property management firm responsible for servicing and managing the finances of 10 condominium corporations in Burlington and three in Hamilton."
Oh, Canada:
"A St. Catharines man has been charged with defrauding 13 Hamilton and Burlington condominium corporations of $4.1 million. Police say Brett Mackenzie Leahey, 45, acted as the owner/operator of Integrated Condominium Management, a property management firm responsible for servicing and managing the finances of 10 condominium corporations in Burlington and three in Hamilton."
Using Drones To Enforce HOA Violations
Using Drones To Enforce HOA Violations
See the article below, in which I guess nobody knows whose drone is involved. But be aware that the CID industry, which is basically a whole lot of businesses who want to sell their services and products to HOAs and condo associations, is thinking about droning it up. Ward Lucas thinks so. See this article from HOA Institute, which I think is by attorney Clint Goodman:
"Since the spike in private ownership of remote-controlled drones, more of us are asking whether homeowners associations can (or should) be using drones to enforce HOA violations. There are mixed feelings about HOA drones. Some are worried about privacy. Others think their use will lead to abuse and “unreasonable enforcement” because it has too much of a “big brother” feel. Others believe that technology is supposed to make life easier and having drones for their HOA’s code enforcement will significantly reduce the time and expense traditional enforcement brings. Whatever your opinion is, when (not if) drone enforcement becomes a reality, associations need to be careful that the association uses them with prudence. Right now HOAs cannot use drones “commercially” without FAA approval. Whether enforcement drones in HOAs are considered “commercial use” depends on who is using them and how. For example, use of a drone is likely not “commercial” if it is privately owned by the President and used by the President or another director without pay. Conversely, hiring a company to use drones for code enforcement may cross the line, at least right now. If Amazon can get permission to do it, I have a feeling we will see the use of drones in the commercial context across the board very soon."
See the article below, in which I guess nobody knows whose drone is involved. But be aware that the CID industry, which is basically a whole lot of businesses who want to sell their services and products to HOAs and condo associations, is thinking about droning it up. Ward Lucas thinks so. See this article from HOA Institute, which I think is by attorney Clint Goodman:
"Since the spike in private ownership of remote-controlled drones, more of us are asking whether homeowners associations can (or should) be using drones to enforce HOA violations. There are mixed feelings about HOA drones. Some are worried about privacy. Others think their use will lead to abuse and “unreasonable enforcement” because it has too much of a “big brother” feel. Others believe that technology is supposed to make life easier and having drones for their HOA’s code enforcement will significantly reduce the time and expense traditional enforcement brings. Whatever your opinion is, when (not if) drone enforcement becomes a reality, associations need to be careful that the association uses them with prudence. Right now HOAs cannot use drones “commercially” without FAA approval. Whether enforcement drones in HOAs are considered “commercial use” depends on who is using them and how. For example, use of a drone is likely not “commercial” if it is privately owned by the President and used by the President or another director without pay. Conversely, hiring a company to use drones for code enforcement may cross the line, at least right now. If Amazon can get permission to do it, I have a feeling we will see the use of drones in the commercial context across the board very soon."
Homeowner’s association puts end to family’s ministry - The Newnan Times-Herald
Homeowner’s association puts end to family’s ministry - The Newnan Times-Herald
This nice Christian family started a volunteer project to collect and distribute household items to needy families, and eventually they incorporated it as a not-for-profit. That's when the HOA struck:
“We started, literally, out of our garage, collecting items. We got a P.O. box, we rented a storage unit which filled up rather quickly,” he said. They have storage space at their church, Vineyard, for linens, a food pantry at Turin United Methodist, and mattresses and beds in the storage unit.
Everything else went into their garage. But not anymore. The Novaks were recently cited by their homeowner’s association for conducting a business out of their home.
The citation, issued April 9, said, “Please do not conduct a business out of your home.”
This nice Christian family started a volunteer project to collect and distribute household items to needy families, and eventually they incorporated it as a not-for-profit. That's when the HOA struck:
“We started, literally, out of our garage, collecting items. We got a P.O. box, we rented a storage unit which filled up rather quickly,” he said. They have storage space at their church, Vineyard, for linens, a food pantry at Turin United Methodist, and mattresses and beds in the storage unit.
Everything else went into their garage. But not anymore. The Novaks were recently cited by their homeowner’s association for conducting a business out of their home.
The citation, issued April 9, said, “Please do not conduct a business out of your home.”
Exclusive: Brickell Key Woman Says Drone Spied On Her As She Breastfed « CBS Miami
Exclusive: Brickell Key Woman Says Drone Spied On Her As She Breastfed « CBS Miami
"MIAMI (CBSMiami) — Imagine you’re in the privacy of your own home — possibly in a compromising position — and you turn around and see a drone just a few feet from you. A Brickell Key woman says that’s what happened to her while she was breastfeeding her child earlier this week inside the family’s 12th floor condo."
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I guess with this technology available now we are going to need new laws to protect us, and that's what is happening in Florida:
"MIAMI (CBSMiami) — Imagine you’re in the privacy of your own home — possibly in a compromising position — and you turn around and see a drone just a few feet from you. A Brickell Key woman says that’s what happened to her while she was breastfeeding her child earlier this week inside the family’s 12th floor condo."
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I guess with this technology available now we are going to need new laws to protect us, and that's what is happening in Florida:
Tuesday, May 19, 2015
Las Vegas HOA takeover fraudster sentenced
This week a bunch of the 38 convicted criminals involved with the Las Vegas HOA takeover scheme are being sentenced. This one escaped prison. I'm going to do a summary of all this soon.
The message of this is obvious--HOAs and condo associations are fragile institutions that are totally dependent on the resources of their owners. By resources I mean money, time, loyalty, and expertise. With virtually no governmental oversight and most residents not paying attention, it is easy for associations to be taken over by groups of people who don't have the community's best interest in mind. Some are just petty neighborhood dictators, some are looking to engage in self-dealing to help themselves and their friends, and some are fraudsters.
http://www.reviewjournal.com/news/las-vegas/bribe-figure-avoids-prison-hoa-takeover-scheme#st_refDomain=t.co&st_refQuery=/MUnfZTwjSV
The message of this is obvious--HOAs and condo associations are fragile institutions that are totally dependent on the resources of their owners. By resources I mean money, time, loyalty, and expertise. With virtually no governmental oversight and most residents not paying attention, it is easy for associations to be taken over by groups of people who don't have the community's best interest in mind. Some are just petty neighborhood dictators, some are looking to engage in self-dealing to help themselves and their friends, and some are fraudsters.
http://www.reviewjournal.com/news/las-vegas/bribe-figure-avoids-prison-hoa-takeover-scheme#st_refDomain=t.co&st_refQuery=/MUnfZTwjSV
HOA insurer not obligated to defend suit against HOA board absent underlying liabiltiy claim, court rules
In the past, insurers were readily inclined to defend most any legal action brought against an HOA board of directors even if there was no underlying claim of liability or damages such a lawsuit seeking equitable relief ordering the board to comply with the governing documents or state or federal law.
That may be changing if a recent Kentucky case is any indication. A Kentucky federal district court ruled an insurer had no duty to defend a claim under an HOA policy's directors and officers coverage, reasoning that D&O coverage is intended to shield corporate directors and officers for personal liability and not to protect the corporate entity itself.
Click here for a summary of the ruling in State Auto Prop. & Cas. Ins. Co. v. Highland Terrace Counsel of Co-Owners, Inc., 2015 U.S. Dist. LEXIS 59663 (W.D. Ky. May 7, 2015) by Traub Lieberman Straus & Shrewsberry LLP.
That may be changing if a recent Kentucky case is any indication. A Kentucky federal district court ruled an insurer had no duty to defend a claim under an HOA policy's directors and officers coverage, reasoning that D&O coverage is intended to shield corporate directors and officers for personal liability and not to protect the corporate entity itself.
Click here for a summary of the ruling in State Auto Prop. & Cas. Ins. Co. v. Highland Terrace Counsel of Co-Owners, Inc., 2015 U.S. Dist. LEXIS 59663 (W.D. Ky. May 7, 2015) by Traub Lieberman Straus & Shrewsberry LLP.
American condo buyer losing condo in Mexico due to liens
It appears that this unfortunate woman bought a Mexican condo as a retirement home, only to discover later that several Mexican workers had liens on the condo because of a pay dispute with the developer. A judge ruled in the workers' favor, and now they own what used to be her condo.
http://www.kpho.com/story/29096892/mexican-court-takes-away-arizona-womans-condo?autostart=false
http://www.kpho.com/story/29096892/mexican-court-takes-away-arizona-womans-condo?autostart=false
Wednesday, April 22, 2015
Two conversations about constitutional rights
We have two different conversations about constitutional law. One is this hyper-technical purely legal analysis you see from lawyers and judges. The other is what really happens. So in this case, hooray, there are limits on the length of traffic stops, according to the USSC. But the other conversation says that if you get assertive about your constitutional rights in a real traffic stop, they won't let you go. Instead, you might get beaten, tazed, or shot. The cop will likely face no consequences, just by claiming you resisted, or posed a "threat," or "he reached for his waistband." None of it needs to be true because a "reasonable mistake" is good enough. So, what good are rights if cops don't respect them and get away with violating them, day in and day out? The technological fix being proposed is video--dash cams and body cameras--and that may help, but the overriding problem is that police are drunk with power in this country. They can get away with almost anything and they know it. The can manipulate the on-the-scene situation, they investigate themselves, they have the union and prosecutors and most judges on their side, and they are professional witnesses. Until that power situation changes, I think these USSC pronouncements are only meaningful in a small number of cases that get fully litigated. For thousands of day to day interactions between citizens and police, these "big decisions" are largely irrelevant.
http://www.scotusblog.com/2015/04/opinion-analysis-traffic-stops-cant-last-too-long-or-go-too-far-and-no-extra-dog-sniffs/
http://www.scotusblog.com/2015/04/opinion-analysis-traffic-stops-cant-last-too-long-or-go-too-far-and-no-extra-dog-sniffs/
Tuesday, April 14, 2015
House Republicans want to do away with consumer protections for mobile home buyers
http://thinkprogress.org/economy/2015/04/14/3646494/manufactured-home-loans-shouldnt-be-predatory-but-they-are/
I just listened to (Vice) Presidential candidate Marco Rubio make the argument that Big Government regulation is the reason ordinary people are getting screwed by banks. If you can believe that, you can believe the Republicans have your best interests in mind, mobile home owners:
"The House will vote Tuesday to repeal consumer protections for low-income borrowers in rural America who have seen the promise of affordable housing turned into a financial sinkhole by a mobile home industry that makes pre-manufactured houses far more expensive to buy than they need to be.
I just listened to (Vice) Presidential candidate Marco Rubio make the argument that Big Government regulation is the reason ordinary people are getting screwed by banks. If you can believe that, you can believe the Republicans have your best interests in mind, mobile home owners:
"The House will vote Tuesday to repeal consumer protections for low-income borrowers in rural America who have seen the promise of affordable housing turned into a financial sinkhole by a mobile home industry that makes pre-manufactured houses far more expensive to buy than they need to be.
The bill is part of the GOP majority’s campaign to chisel away at specific pieces of the Dodd-Frank financial regulatory overhaul that became law in 2010 but which left many details to be filled in later by regulators. In this case, it was the Consumer Financial Protection Bureau (CFPB) that did that filling. After long study of both publicly-available data and proprietary information from the industry itself, the CFPB began enforcing new consumer protections for people who borrow money for a manufactured home. When Rep. Stephen Fincher’s bill to roll back those regulations passes on Tuesday, the rules will have been in force for barely 15 months. The mobile home financing market is an esoteric landscape for a battle between consumer advocates, regulators, and politicians. Compared to the American Dream trappings that come with traditional homeownership, families in mobile homes don’t have much cultural cache."
Monday, April 13, 2015
HOA oversight bills die in Florida
http://www.palmbeachpost.com/news/business/hoa-oversight-bills-doa-in-tallhassee/nksWS/
"Homeowners hoping for more state oversight of the association boards that rule their communities are out of luck this year as legislation to increase scrutiny of HOAs died for lack of support in Tallahassee. It’s the second year in a row that proposals to give the Department of Business and Professional Regulation power to investigate complaints against homeowners associations and create educational programs for HOA board members failed to even make it to a single committee hearing."
Saturday, April 11, 2015
WTVC NewsChannel 9 :: News - Top Stories - Utah Homeowner Asked To Remove US Navy Flag From Home
WTVC NewsChannel 9 :: News - Top Stories - Utah Homeowner Asked To Remove US Navy Flag From Home: (KUTV) A homeowners' association in Lehi is facing backlash online after sending a letter to a resident and telling her to remove a U.S. Navy flag displayed in her front yard.
Lucia Sandoval says she put the flag up to remember her husband, who is currently deployed with the U.S Navy. But shortly after the flag went up, she received a notice stating it was out of conformity with neighborhood standards.
"In a recent review of the community, it was brought to our attention that you may not be aware of one or more of the rules for the community," the letter from the HOA reads. "Your front yard had a flag displayed not in accordance with the accepted standards. Please remove the flag ASAP."
In the letter, the HOA cites community guidelines, which read, "Flags and flagpoles shall be uniformly placed and consistent in size and shape and shall not interfere with on site utilities."
Sandoval says she didn't understand how her flag violated any of those policies and is refusing to take it down.
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Another flag flap, this one in the Utah sector of Privatopia. Film at 10 on WTVC Channel 9.
Lucia Sandoval says she put the flag up to remember her husband, who is currently deployed with the U.S Navy. But shortly after the flag went up, she received a notice stating it was out of conformity with neighborhood standards.
"In a recent review of the community, it was brought to our attention that you may not be aware of one or more of the rules for the community," the letter from the HOA reads. "Your front yard had a flag displayed not in accordance with the accepted standards. Please remove the flag ASAP."
In the letter, the HOA cites community guidelines, which read, "Flags and flagpoles shall be uniformly placed and consistent in size and shape and shall not interfere with on site utilities."
Sandoval says she didn't understand how her flag violated any of those policies and is refusing to take it down.
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Another flag flap, this one in the Utah sector of Privatopia. Film at 10 on WTVC Channel 9.
Friday, April 10, 2015
The town fascism built
"Nestled in eastern Long Island is a sleepy little town called Yaphank where the streets have cozy names like Oak and Park, names that hide a dark past: they once bore signs like Hitler and Goebbels Streets.Yaphank, in the 1930s, appeared as a haven for Americans--most of them of German heritage--who sympathized with the causes of the Third Reich.
In fact, it was largely founded as a Nazi camp, one of several scattered across the U.S., where the children in the German American Bund (AKA American Nazis) could fish, swim, hunt and learn about things like eugenics."
Read more: http://www.dailymail.co.uk/news/article-3033153/The-town-fascism-built-Inside-New-York-hamlet-home-pro-Nazi-camp-street-named-Hitler.html#ixzz3Wtt5bosL
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Thursday, April 09, 2015
Robert Meisner Says Condo/Homeowners Associations Beware: The Michigan Legislature Has Dealt You a Severe Blow
I don't usually reproduce press releases, but I think in this case it bears repeating. I will be looking into the legislation in question, but for now, here is the word from attorney Robert Meisner:
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BINGHAM FARMS, Mich., March 25, 2015 /PRNewswire/ -- Robert Meisner, founder of The Meisner Law Group, PC, and nationally recognized as one of the premier community association lawyers in the country, is issuing an alert to anyone living in or thinking about buying a home in a condominium, homeowners association, or a cooperative. In a lame duck session this past December, the Michigan Legislature quietly made sweeping changes to the Michigan Nonprofit Act.
"Here's the hitch," says Meisner. "Every condo, homeowners/cooperative association is a nonprofit corporation, so the new laws apply to them. Among the things these homeowners need to know is that their boards of directors, officers, and others may already be virtually immune from liability and accountability to the association, even for gross negligence and certain intentional acts."
Meisner says that he is also concerned that the changes in the law take away much of the traditional democratic participation of the members of non-profits and make it easier for entrenched directors to remain in office. He says this allows directors to be elected without a meeting, eliminating open debate, passing matters at membership meetings without prior notice and even holding membership meetings without notice to the members. The law even allows the board to turn over complete control of the association to non-members who have no stake in the community.
"It is not just community associations that are affected," Meisner says. "The amendments have the potential to make non-profits of all kinds the tools of fraud and profit for the unscrupulous. I understand that the Michigan Legislature was trying to make the operations of non-profits more streamlined and efficient, but it seems that this legislation was rushed through without careful thought and analysis and without any input from those most affected."
Meisner is advocating that the legislature either modify or revoke the new legislation.
A nationally respected community association law specialist for over 40 years, and adjunct professor of community association law, Meisner has authored numerous legal articles, pamphlets and two books: Condo Living 1 and 2: Authoritative Guides to Buying, Selling, and Operating a Condominium.
For more information on the potential pitfalls of this new legislation, contact Robert Meisner at 248.644.4433 or atbmeisner@meisner-law.com.
http://www.prnewswire.com/news-releases/robert-meisner-says-condohomeowners-associations-beware-the-michigan-legislature-has-dealt-you-a-severe-blow-300056151.html
update: and here is another attorney's summary of the changes.
Wednesday, April 08, 2015
HOA wins--developer has to pay the electric bill
"An East Naples homeowners association has won its legal battle after a judge agreed Glen Eagle Golf & Country Club didn’t pay their electric bills, leaving 105 homes without streetlights for five weeks after FPL flipped the switch.
Collier Circuit Judge Hugh Hayes ruled that Glen Eagle, the development’s master association, must pay Lago Villaggio Homeowners Association $18,000, with 4.75 percent interest from March 18, 2014, and reimburse the HOA for its lawyer’s fees."
Monday, April 06, 2015
Judge rules owners can begin trying to take back property from receiver
http://www.wftv.com/news/news/local/judge-rules-troubled-condo-residents-can-take-back/nkZp9/
Thanks to Ward Lucas for this link. Across the nation, failing condo projects have been placed in the hands of court appointed receivers who are supposed to make good decisions to get the projects back on their feet, if possible. Here is one story of a situation where the receiver and the owners are in major conflict, with allegations that the receiver isn't doing his job.
Thanks to Ward Lucas for this link. Across the nation, failing condo projects have been placed in the hands of court appointed receivers who are supposed to make good decisions to get the projects back on their feet, if possible. Here is one story of a situation where the receiver and the owners are in major conflict, with allegations that the receiver isn't doing his job.
The Fossum Files--don't miss this!
Would you like to read the most detailed and persuasive analysis of double taxation and differential political participation of CID owners ever written? Donna Fossum has just posted it, and it should be read by every policy maker involved in these issuess. Donna Fossum, J.D., Ph.D., describes herself as follows: "The author has lived in the West End of the City of Alexandria for over 30 years. For 23 of these years, she was a member of Alexandria’s Planning Commission. Professionally, she spent the better part of two decades as a Senior Policy Analyst at the RAND Corporation. She also spent close to a decade as an attorney on what is now the Committee on Oversight and Government Reform in the U.S. House of Representatives and shorter stints as an attorney in the Office of Federal Procurement Policy in the Office of Management and Budget and a Senior Advisor in what is now the Science and Engineering Statistics Division of the National Science Foundation."
And here is a brief summary of her detailed empirical analysis---
"This is an analysis of the unforeseen consequences of the City of Alexandria, Virginia privatizing many services that it has traditionally provided to its homeowners. Alexandria was first settled in the mid-1700s and over the years has been home to the likes of George Washington, Robert E. Lee, Richard Nixon, Gerald Ford, and Jim Morrison, lead singer of The Doors. Today, after three major annexations of land in 1915, 1930, and 1952, Alexandria now occupies 15.6 square miles directly across the Potomac River from the District of Columbia and is home to an estimated 142,000 people, making it one of the more densely populated cities in the United States.1 On a functional basis, however, Alexandria today is two separate “cities” of relatively equal physical size and population that differ markedly in community structure and political influence. In one of these “cities,” the average homeowner pays their taxes and receives all their services from City Hall. In the other “city,” the average homeowner pays their taxes, but receives only some of their services from City Hall."
Here are two links to the page, in case one doesn't work:
http://fossumfiles.org
And here is a brief summary of her detailed empirical analysis---
"This is an analysis of the unforeseen consequences of the City of Alexandria, Virginia privatizing many services that it has traditionally provided to its homeowners. Alexandria was first settled in the mid-1700s and over the years has been home to the likes of George Washington, Robert E. Lee, Richard Nixon, Gerald Ford, and Jim Morrison, lead singer of The Doors. Today, after three major annexations of land in 1915, 1930, and 1952, Alexandria now occupies 15.6 square miles directly across the Potomac River from the District of Columbia and is home to an estimated 142,000 people, making it one of the more densely populated cities in the United States.1 On a functional basis, however, Alexandria today is two separate “cities” of relatively equal physical size and population that differ markedly in community structure and political influence. In one of these “cities,” the average homeowner pays their taxes and receives all their services from City Hall. In the other “city,” the average homeowner pays their taxes, but receives only some of their services from City Hall."
Here are two links to the page, in case one doesn't work:
http://fossumfiles.org
http://fossumfiles.org.s122990.gridserver.com
Sunday, April 05, 2015
"Condos on the road back"
Thanks to Fred Pilot for this story of one Florida condo development that went through the great recession and seems to be coming out of it, mainly because property values are rising again. The human misery that is referenced thoughout the story is something to consider, especially when you multiply it by tens of thousands of condo projects where many hard working people lost everything. The real estate industry is desperate to get us all buying again, so I think the pressure is on the real estate press to crank up the boosterism again.
http://www.heraldtribune.com/article/20150404/article/150409874?p=1&tc=pg
http://www.heraldtribune.com/article/20150404/article/150409874?p=1&tc=pg
Thursday, April 02, 2015
Nevada state legislator proposes to repeal all HOA and condo laws
Ira Hansen, a far-right Nevada state legislator, has introduced a bill through his control of the judiciary committee that would repeal all the Nevada statutes that regulate common interest housing. This article explains that the intent is to somehow magically have somebody else do this, because the state legislature can't be bothered. This proposal is so dumb that only somebody of Hansen's caliber could have produced it. Nevada has a fairly comprehensive set of laws on HOAs and condos, and all of it was put in place to deal with real problems. Now Hansen wants to scrap the whole thing.
http://www.scrippsmedia.com/ktnv/news/Nevada-lawmakers-aim-to-delegate-HOA-disputes-to-lower-level-298479291.html
You can read up on Hansen at Wikipedia. He's a piece of work. Former right wing radio talk show host and columnist. Here's a taste:
"In his columns, Hansen has written that the Oklahoma City bombing was a false flag operation orchestrated by the administration of President Clinton, that women do not belong in the United States Armed Forces, that President Obama is a "negro", that he owns and flies a Confederate battle flag, that gays are disproportionally prone to engaging in child abuse, that a "grossly disproportionate" number of crimes are committed by Latinos, and that the relationship between "Negroes and Democrats" is that of a "master-slave relationship with the benevolent master knowing what’s best for his simple minded darkies."
http://www.scrippsmedia.com/ktnv/news/Nevada-lawmakers-aim-to-delegate-HOA-disputes-to-lower-level-298479291.html
You can read up on Hansen at Wikipedia. He's a piece of work. Former right wing radio talk show host and columnist. Here's a taste:
"In his columns, Hansen has written that the Oklahoma City bombing was a false flag operation orchestrated by the administration of President Clinton, that women do not belong in the United States Armed Forces, that President Obama is a "negro", that he owns and flies a Confederate battle flag, that gays are disproportionally prone to engaging in child abuse, that a "grossly disproportionate" number of crimes are committed by Latinos, and that the relationship between "Negroes and Democrats" is that of a "master-slave relationship with the benevolent master knowing what’s best for his simple minded darkies."
Wednesday, April 01, 2015
Mandatory water restrictions for California
HOA boards take heed. You will allow your inmates to let their lawns turn brown. You will allow lawns to be turned into drought resistant landscape and even hardscape. At least until California makes up its 11 trillion gallon water deficit. And yes, you read that right.
http://www.cnn.com/2015/04/01/us/california-water-restrictions-drought/
http://www.cnn.com/2015/04/01/us/california-water-restrictions-drought/
Monday, March 30, 2015
Drones present opportunity, challenge for community associations - Chicago Tribune
Drones present opportunity, challenge for community associations - Chicago Tribune
Drones in the hands of condo and HOA boards? What could possibly go wrong?
"In the not-too-distant future, community associations could launch camera-equipped, unmanned aerial vehicles, also known as drones, for many routine tasks. They will be able to examine buildings for leaks and damage, check on the performances of contractors and find illegal barbecue grills on upper balconies."
Drones in the hands of condo and HOA boards? What could possibly go wrong?
"In the not-too-distant future, community associations could launch camera-equipped, unmanned aerial vehicles, also known as drones, for many routine tasks. They will be able to examine buildings for leaks and damage, check on the performances of contractors and find illegal barbecue grills on upper balconies."
TEPCO not paying for Fukushima cleanup
This is how capitalism works. Corporations make profits and get to keep them. Corporations generate huge "externalities," meaning massive costs that hurt others, but those costs get socialized. In this case, the gigantic utility company that caused the Fukushima catastrophe--which is far from over--has fobbed off the cleanup cost onto local governments.
"TOKYO (Kyodo) -- Tokyo Electric Power Co. has only shouldered 2 percent of the 76.1 billion yen ($638.8 million) spent on radiation decontamination operations conducted by municipality offices since the 2011 Fukushima nuclear crisis, Environment Ministry officials said Sunday. The operator of the crisis-hit Fukushima Daiichi nuclear power plant has effectively refused to cover the costs of removing radioactive soil and other waste incurred by local governments in areas affected by the disaster, saying it is confirming whether such payments are required by law."
Saturday, March 28, 2015
Homeowners face HOA fines for children playing in driveway and on sidewalk
No, really. It's true. Having solved all other problems, this HOA has decided to prevent children from playing. Why would anybody, with children or not, live in a place like this?
"Some Chula Vista homeowners contacted Team 10, furious that their homeowners association is fining them if their children are caught playing outside on the driveway or sidewalk. Under the Agave and Saguaro HOA's rules, there are no wheeled toys -- including, but not limited to, bicycles, scooters, rollerblades, skateboards or roller skates -- allowed to be ridden in the HOA's common areas. Common areas include driveways, sidewalks and streets in the complex. According to the property manager, it's for safety reasons, but resident Karen Deviolini said, "You're fined because you live in a place where kids can't be kids."
http://www.10news.com/news/investigations/chula-vista-homeowners-face-hoa-fines-for-children-playing-on-driveway-sidewalk
"Some Chula Vista homeowners contacted Team 10, furious that their homeowners association is fining them if their children are caught playing outside on the driveway or sidewalk. Under the Agave and Saguaro HOA's rules, there are no wheeled toys -- including, but not limited to, bicycles, scooters, rollerblades, skateboards or roller skates -- allowed to be ridden in the HOA's common areas. Common areas include driveways, sidewalks and streets in the complex. According to the property manager, it's for safety reasons, but resident Karen Deviolini said, "You're fined because you live in a place where kids can't be kids."
http://www.10news.com/news/investigations/chula-vista-homeowners-face-hoa-fines-for-children-playing-on-driveway-sidewalk
Thursday, March 26, 2015
Is suburban sprawl stifling the US economy?
This Vox article references a number of studies that suggest the answer may be "yes."
http://www.vox.com/2015/3/26/8291889/suburban-sprawl-economy
http://www.vox.com/2015/3/26/8291889/suburban-sprawl-economy
What is the most private city in the world?
London? Dubai? The new cities in the US that are comprised of private, gated communities?
"The word “private” is derived from the ancient Greek word idiotes, which means somebody who does not participate in public life. In ancient Greece, private life was confined to the home; the public, democratic life of citizens took place in the polis or city, and in the agora or assembly. The contemporary gated community, which focuses on privatising the experience of home as much as possible, fits well within this classical definition of private. There are literally millions of people living in gated communities: they have become the model of choice in the many societies around the world that are subject to extreme wealth inequalities."
http://www.theguardian.com/cities/2015/mar/26/what-most-private-city-world
"The word “private” is derived from the ancient Greek word idiotes, which means somebody who does not participate in public life. In ancient Greece, private life was confined to the home; the public, democratic life of citizens took place in the polis or city, and in the agora or assembly. The contemporary gated community, which focuses on privatising the experience of home as much as possible, fits well within this classical definition of private. There are literally millions of people living in gated communities: they have become the model of choice in the many societies around the world that are subject to extreme wealth inequalities."
http://www.theguardian.com/cities/2015/mar/26/what-most-private-city-world
How Wall Street used swaps to get rich at the expense of cities
Thanks to a helpful correspondent for flagging this. Since the late 1970s cities have been trying to find ways to compensate for lost revenue sources. The property tax revolt, suburbanization, loss of federal grants in aid, globalization of the economy, and other forces have left many cities in precarious condition. CIDs are one of those compensation strategies. And here is another one: cities are getting hooked up with Wall Street investment banks that promise to create gains by engaging in interest rate swaps. For example, a city has outstanding fixed rate municipal bonds, and an investment bank--Goldman Sachs, J.P. Morgan Chase, or another one of these financial vampires--proposes to swap them for variable rate bonds that are linked to LIBOR or some other index, that pays the bond holders a lower interest rate. Sounds good, right? Except that local governments have been known to lose a fortune doing it. Chicago, led by former Wall Streeter and now Mayor Rahm Emanuel, is in deep on these swaps. Emanuel thinks he's smarter than everybody. But the swaps aren't turing out to be such a good deal. Here's a detailed article taking the whole thing apart.
http://www.nakedcapitalism.com/2015/03/getting-rich-expense-cities.html#comments
And for the worst case scenario, consider Jefferson County, Alabama. After a series of swaps orchestrated by J. P. Morgan to pay for a new sewer system, they went bankrupt. Until Detroit, it was the largest local government bankruptcy in US history.
http://www.nakedcapitalism.com/2015/03/getting-rich-expense-cities.html#comments
And for the worst case scenario, consider Jefferson County, Alabama. After a series of swaps orchestrated by J. P. Morgan to pay for a new sewer system, they went bankrupt. Until Detroit, it was the largest local government bankruptcy in US history.
Wednesday, March 25, 2015
Condo requiring DNA samples of all pets so they can test their poop!
"The Rotunda, a condominium building in Tyson's Corner, Virginia has implemented a policy in which all new pet owners who are moving into the building will be required to have their animal's mouths swabbed in the presence of a building authority. If pet waste is discovered outside of the building, the waste will then be tested and matched up to the guilty animal's DNA."
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Actually this nonsense has been going on for some time. Obviously people should clean up after their dogs, but somehow in my HOA-free neighborhood everybody nearly always does. Now there are companies peddling this silly service and of course all the costs end up falling on the owner of the miscreant dog. Increasingly life for the American middle class is one boondoggle after another--red light cameras, usurious loans, grifting cable TV companies, fake calls threatening IRS suits, and of course chiseling condo associations and HOAs.
http://www.mrctv.org/blog/apartment-building-require-dna-samples-all-pets#tmhmdj:pDFL
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Actually this nonsense has been going on for some time. Obviously people should clean up after their dogs, but somehow in my HOA-free neighborhood everybody nearly always does. Now there are companies peddling this silly service and of course all the costs end up falling on the owner of the miscreant dog. Increasingly life for the American middle class is one boondoggle after another--red light cameras, usurious loans, grifting cable TV companies, fake calls threatening IRS suits, and of course chiseling condo associations and HOAs.
http://www.mrctv.org/blog/apartment-building-require-dna-samples-all-pets#tmhmdj:pDFL
Sunday, March 22, 2015
Garden City movement aims at accreditation
The Garden City movement was the inspiration for common interest housing. Ebenezer Howard, a 19th century utopian thinker, wanted to build new, self-sufficient cities on undeveloped land that would allow people to have the best of city and country living in one place under a benevolent managerial government.. Two of these cities, Letchworth and Welwyn, were built, and the idea came to the US, where real estate developers took it in a differert direction. I tell that story in my first book on HOAs. But the Garden City Movement still exists, as evidenced by this artcle concerning an attempt to create accreditation for "real" Garden Cities. They even have a Letchworth Declaration that lays out the governing principles.
http://sustainablecitiescollective.com/david-thorpe/1057256/new-alliance-aims-set-accreditation-standards-garden-cities?utm_source=hootsuite&utm_medium=twitter&utm_campaign=hootsuite_tweets
http://sustainablecitiescollective.com/david-thorpe/1057256/new-alliance-aims-set-accreditation-standards-garden-cities?utm_source=hootsuite&utm_medium=twitter&utm_campaign=hootsuite_tweets
Wednesday, March 18, 2015
Colorado Lawmakers Debate Construction Defects Bill CBS Denver
Colorado Lawmakers Debate Construction Defects Bill CBS Denver
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The quest for the waterproof condo continues. Hint: solutions aren't likely to be found in state legislatures.
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The quest for the waterproof condo continues. Hint: solutions aren't likely to be found in state legislatures.
4 found guilty in Las Vegas homeowner association fraud trial - www.ktnv.com
4 found guilty in Las Vegas homeowner association fraud trial - www.ktnv.com: LAS VEGAS (AP) -- A federal jury found a Las Vegas lawyer and three co-defendants guilty of conspiracy and wire fraud in a sweeping scheme to fraudulently control homeowners' associations and steer business to favored contractors and attorneys.
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Breaking news in Las Vegas HOA corruption scandal. Film and perp walk at 10. Cuff 'em, Danno.
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Breaking news in Las Vegas HOA corruption scandal. Film and perp walk at 10. Cuff 'em, Danno.
HOA Rules - Why is it Necessary in Home Buying
HOA Rules - Why is it Necessary in Home Buying
A couple of people flagged this recently, from a 2010 on line article in the International Business Times that extols the virtues of HOAs:
"Each homeowners association has covenants, conditions and restrictions or also known as CCR. They are normally related to deed restrictions or restrictive covenants. All things pointed out in the agreement will firmly be imposed to homeowners in order to maintain the property as well as the value of the community. It restricts the building materials to be utilized in constructing homes and the kind of home upgrades allowed. Moreover, they set the allowable number of occupants per house, the kind of pets that are permitted and the race of persons who can stay in the community." [my emphasis]
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In my first book on HOAs I devoted considerable effort to documenting the close connection between HOAs and enforcement of race restrictive covenants from about 1900 to 1950. Whenever industry advocates recount the glorious history of HOAs they jump straight from Athenian Democracy, the "golden hills of Rome" and the New England town meeting to the present, and somehow manage to leave out the fact that for decades in the US, one of the main purposes of HOAs was to keep African-Americans from moving into white neighborhoods.
A couple of people flagged this recently, from a 2010 on line article in the International Business Times that extols the virtues of HOAs:
"Each homeowners association has covenants, conditions and restrictions or also known as CCR. They are normally related to deed restrictions or restrictive covenants. All things pointed out in the agreement will firmly be imposed to homeowners in order to maintain the property as well as the value of the community. It restricts the building materials to be utilized in constructing homes and the kind of home upgrades allowed. Moreover, they set the allowable number of occupants per house, the kind of pets that are permitted and the race of persons who can stay in the community." [my emphasis]
--------------
In my first book on HOAs I devoted considerable effort to documenting the close connection between HOAs and enforcement of race restrictive covenants from about 1900 to 1950. Whenever industry advocates recount the glorious history of HOAs they jump straight from Athenian Democracy, the "golden hills of Rome" and the New England town meeting to the present, and somehow manage to leave out the fact that for decades in the US, one of the main purposes of HOAs was to keep African-Americans from moving into white neighborhoods.
Tuesday, March 17, 2015
Welcome to 'Libertarian Island': Inside the Frightening Economic Dreams of Silicon Valley's Super Rich
http://www.alternet.org/news-amp-politics/welcome-libertarian-island-inside-frightening-economic-dreams-silicon-valleys
"...there is currently a similar movement happening in real life, and it is being funded by another rather eccentric businessman, the Paypal billionaire Peter Thiel. As some may already know, Thiel has teamed up with the grandson of libertarian icon Milton Friedman, Patri Friedman, to try and develop a “seastead,” or a permanent and autonomous dwelling at sea. Friedman formed the “Seasteading Institute” in 2008, and Thiel has donated more than a million dollars to fund its creation. It is all very utopian, to say the least. But on the website, they claim a floating city could be just years away. The real trick is finding a proper location to build this twenty-first century atlantis. Currently, they are attempting to find a host nation that will allow the floating city somewhat close to land, for the calm waters and ability to easily travel to and from the seastead."
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These people are free to shower our elected officials with money in order to protect themselves against taxation and regulation. This starves governments of the money they need to provide essential services and infrastructure. At the same time, these libertarian gazillionaires are planning on fleeing the society they are currently wrecking.
"...there is currently a similar movement happening in real life, and it is being funded by another rather eccentric businessman, the Paypal billionaire Peter Thiel. As some may already know, Thiel has teamed up with the grandson of libertarian icon Milton Friedman, Patri Friedman, to try and develop a “seastead,” or a permanent and autonomous dwelling at sea. Friedman formed the “Seasteading Institute” in 2008, and Thiel has donated more than a million dollars to fund its creation. It is all very utopian, to say the least. But on the website, they claim a floating city could be just years away. The real trick is finding a proper location to build this twenty-first century atlantis. Currently, they are attempting to find a host nation that will allow the floating city somewhat close to land, for the calm waters and ability to easily travel to and from the seastead."
-------------------------
These people are free to shower our elected officials with money in order to protect themselves against taxation and regulation. This starves governments of the money they need to provide essential services and infrastructure. At the same time, these libertarian gazillionaires are planning on fleeing the society they are currently wrecking.
Monday, March 16, 2015
South Carolina grapples with HOA complaints
http://www.blufftontoday.com/bluffton-news/2015-03-15/sc-grapples-homeowner-association-complaints#.VQeEs2yCOrW
"COLUMBIA — Neighborhood Nazi. Condo Commando. Bullies. The dictatorship.
Those were some of the terms property owners and officials used to describe bad actors in South Carolina’s thousands of community associations on Thursday, as lawmakers debate how to regulate them.
“It has become my worst nightmare,” said Nadine Zacharie of Edgefield County’s Lake Trenton. She used to live in Augusta’s historic Hill section, but has spent the last 10 years in Lake Trenton, calling it “10 years of roughshod bullying.”
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Yet another state moves toward increased regulation of CIDs.
Police say naked man standing in doorway is not breaking law, ne - wistv.com - Columbia, South Carolina
Police say naked man standing in doorway is not breaking law, ne - wistv.com - Columbia, South Carolina: This week, neighbors were able to capture pictures and video of the man standing at his door. They are hoping with these images the Homeowners Association can file some type of nuisance complaint.
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Call the HOA!
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Call the HOA!
Private police, coming to a subdivision near you
Since the early 1980s, this country has been in the grip of the ideology of privatism, which is the moral conviction that anything "private" is better than anything "public." In practice, that usually means handing over government functions to private corporations, and we call that privatization. But in other cases, it means that government just abdicates its responsibilities on the assumption that somehow non-governmental actors will take over the function that government is no longer performing. That's what has been going on with the HOA/condo revolution--local governments and developers set up private associations that everybody assumes will just happily carry out all sorts of government functions, with little or no oversight, training, or other institutional support. However, in reality there are a lot of problems with that assumption, and the hands-off, out of sight, out of mind attitude toward HOAs and condo associations is being questioned because many associations are disorganized, out of control, underfunded, understaffed, and subject to takeover and manipulation (take a look at all my previous posts on the huge HOA takeover/fraud ring in Las Vegas for only one example). That's why so many state legislatures have been creating oversight frameworks for private governments, including regulation of associations' internal processes, ombudsman offices, and public education. It's not much, but it does amount to a recognition that a lot of associations are struggling and even failing.
Probably the most dangerous aspect of this HOA takeover of government functions is the rise of private policing in these associations. Ward Lucas has a post on this referencing this article from he Washington Post:
http://www.washingtonpost.com/local/crime/private-police-carry-guns-and-make-arrests-and-their-ranks-are-swelling/2015/02/28/29f6e02e-8f79-11e4-a900-9960214d4cd7_story.html
Here in Illinois, in 2013 the state Supreme Court made a truly bizarre decision (Poris v. Lake Holiday POA) that allows HOA private police to make traffic stops and issue citations. The decision is remarkable for its ignorance. I wrote a post on it at the time. The court never even mentioned the Illinois statutes that govern HOAs, never referenced any of the major cases from all across the nation on the limits of CID private government, and refused even to consider what the limits are of this power. For example, what are the rights of citizens to resist these private security guards? What force can the citizen and the pseudo-cop use against each other?
I think nobody learned much from George Zimmerman killing Trayvon Martin. Zimmerman was a "neighborhood watch" volunteer that the HOA told people to call. He was also armed and, we now know, prone to nasty encounters with other people, especially his significant others. What better example can there be of the risks involved in these encounters? Self-appointed vigilantes and untrained security guards--the bottom of the law enforcement food chain--are running around stopping people. Couple that with the fact that many civilians are carrying concealed weapons. This is a bad mix.
The problem would be solved if local governments would reclaim their basic responsibility to enforce the law in their jurisdictions. But law enforcement costs money, and if people don't want to pay taxes to support public local government, they will get what they are paying for: the George Zimmermans of the world, coming to a subdivision near you.
Probably the most dangerous aspect of this HOA takeover of government functions is the rise of private policing in these associations. Ward Lucas has a post on this referencing this article from he Washington Post:
http://www.washingtonpost.com/local/crime/private-police-carry-guns-and-make-arrests-and-their-ranks-are-swelling/2015/02/28/29f6e02e-8f79-11e4-a900-9960214d4cd7_story.html
Here in Illinois, in 2013 the state Supreme Court made a truly bizarre decision (Poris v. Lake Holiday POA) that allows HOA private police to make traffic stops and issue citations. The decision is remarkable for its ignorance. I wrote a post on it at the time. The court never even mentioned the Illinois statutes that govern HOAs, never referenced any of the major cases from all across the nation on the limits of CID private government, and refused even to consider what the limits are of this power. For example, what are the rights of citizens to resist these private security guards? What force can the citizen and the pseudo-cop use against each other?
I think nobody learned much from George Zimmerman killing Trayvon Martin. Zimmerman was a "neighborhood watch" volunteer that the HOA told people to call. He was also armed and, we now know, prone to nasty encounters with other people, especially his significant others. What better example can there be of the risks involved in these encounters? Self-appointed vigilantes and untrained security guards--the bottom of the law enforcement food chain--are running around stopping people. Couple that with the fact that many civilians are carrying concealed weapons. This is a bad mix.
The problem would be solved if local governments would reclaim their basic responsibility to enforce the law in their jurisdictions. But law enforcement costs money, and if people don't want to pay taxes to support public local government, they will get what they are paying for: the George Zimmermans of the world, coming to a subdivision near you.
Tuesday, March 10, 2015
Nevada Supreme Court justices deny tipping HOA conspirator to FBI raid
The trial judge prevented a Las Vegas Review-Journal reporter from asking a defense attorney who the justice was...but six of the seven have said it wasn't them.
"The identity of the Nevada Supreme Court justice alleged to have tipped off a construction defect lawyer to the federal homeowners association investigation in 2008 remained a secret Tuesday. This came as six of the seven justices on the high court when the late Nancy Quon was thought to have received the tip denied speaking to Quon about the high-profile investigation.
Witness: Nevada Supreme Court justice warned HOA conspirators of raid
http://www.reviewjournal.com/news/las-vegas/nevada-justice-warned-hoa-conspirators-police-raids-witness-says
I've been wondering why this entire case has stayed out of the national news media. How about this, journalists? Is this enough to get your attention? A witness testified that a justice of the Nevada Supreme Court tipped off attorney Nancy Quon (who later committed suicide) of the pending FBI raid aimed at the Las Vegas HOA fraud ring.
I've been wondering why this entire case has stayed out of the national news media. How about this, journalists? Is this enough to get your attention? A witness testified that a justice of the Nevada Supreme Court tipped off attorney Nancy Quon (who later committed suicide) of the pending FBI raid aimed at the Las Vegas HOA fraud ring.
Monday, March 09, 2015
Nevada justice warned HOA conspirators of police raids, witness says | Las Vegas Review-Journal
Nevada justice warned HOA conspirators of police raids, witness says | Las Vegas Review-Journal: A witness in the trial of four defendants charged in the massive scheme to take over and defraud homeowners associations testified Monday that she was told a Nevada Supreme Court justice tipped off the late attorney Nancy Quon to the FBI investigation.
Deborah Genato, who pleaded guilty in the scheme, testified she learned that Quon was alerted beforehand to FBI-led raids across the valley in September 2008. Quon’s law office was among the many sites agents searched.
Genato said her boss, Lisa Kim, who ran a company that managed several HOAs linked to the multimillion-dollar scheme, told her about the tip. Kim, who also pleaded guilty, is on the government’s witness list, but has not been called to testify for prosecutors, who plan to wrap up their case as early as Tuesday.
Four remaining defendants, including longtime attorney Keith Gregory, are standing trial on conspiracy and fraud charges in the courtroom of U.S. District Judge James Mahan.
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This years-long tawdry tale of corruption in Privatopia, Nevada sector, is worthy of a House of Cards-like series.
Deborah Genato, who pleaded guilty in the scheme, testified she learned that Quon was alerted beforehand to FBI-led raids across the valley in September 2008. Quon’s law office was among the many sites agents searched.
Genato said her boss, Lisa Kim, who ran a company that managed several HOAs linked to the multimillion-dollar scheme, told her about the tip. Kim, who also pleaded guilty, is on the government’s witness list, but has not been called to testify for prosecutors, who plan to wrap up their case as early as Tuesday.
Four remaining defendants, including longtime attorney Keith Gregory, are standing trial on conspiracy and fraud charges in the courtroom of U.S. District Judge James Mahan.
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This years-long tawdry tale of corruption in Privatopia, Nevada sector, is worthy of a House of Cards-like series.
Colorado moving closer to licensing property managers
http://www.denverpost.com/business/ci_27663749/colorado-moving-closer-licensing-hoa-managers
On July 1, Colorado will become the tenth state to require HOA and condo association managers to be licensed. It is incredible that in 40 states anybody can get some business cards printed and become a community association manager. Colorado's legislature was persuaded by "horror stories," as the linked article explains. The basic model of CID regulation that has emerged in a few states since the mid 1990s has three components: (1) manager licensing; (2) more detailed state regulation of associations' internal processes, such as elections, document amendments, access to records, meetings, and assessment collection; and (3) a condo/HOA ombudsman who keeps basic records on associations in the state, provides education, and records and/or helps to resolve disputes. It is a minimalist model that fails to address some major risk factors--the biggest one being association finances--but it is better than the nothing that we had previously. Owners need some basic protections, and caveat emptor doesn't cut it.
On July 1, Colorado will become the tenth state to require HOA and condo association managers to be licensed. It is incredible that in 40 states anybody can get some business cards printed and become a community association manager. Colorado's legislature was persuaded by "horror stories," as the linked article explains. The basic model of CID regulation that has emerged in a few states since the mid 1990s has three components: (1) manager licensing; (2) more detailed state regulation of associations' internal processes, such as elections, document amendments, access to records, meetings, and assessment collection; and (3) a condo/HOA ombudsman who keeps basic records on associations in the state, provides education, and records and/or helps to resolve disputes. It is a minimalist model that fails to address some major risk factors--the biggest one being association finances--but it is better than the nothing that we had previously. Owners need some basic protections, and caveat emptor doesn't cut it.
Saturday, March 07, 2015
Berlin is banning condo conversions
Berlin has had enough of condo conversions. I don't blame them. If the US had city governments with more independence from developers, we wouldn't have so many condo conversions, either.
http://www.citylab.com/housing/2015/03/why-berlin-is-cracking-down-on-condo-conversions/386929/?utm_source=SFTwitter
http://www.citylab.com/housing/2015/03/why-berlin-is-cracking-down-on-condo-conversions/386929/?utm_source=SFTwitter
Detroit area developer stoked to do condo for car buffs
Detroit area developer stoked to do condo for car buffs
Thanks to Deborah for this link. The article reads like a press release. A lot of real estate journalism is really intended to promote the local real estate market, and then of course in return the newspapers get all that nice advertising revenue from the developers.
"This winter's snow and ice can't melt fast enough for Brad Oleshansky, Birmingham car buff and founder of the planned 87-acre M1 Concourse off Woodward Avenue in Pontiac. The sooner construction begins on the $60 million car condo development, aimed at auto enthusiasts, the faster the first 55 luxury garage units can open for gearheads who have paid up to $250,000 each to house their vehicles. We're talking serious car people, with seriously expensive cars — not shade tree mechanics. In addition to their luxury garages, owners will have use of a 1.5-mile on-site racetrack."
Thanks to Deborah for this link. The article reads like a press release. A lot of real estate journalism is really intended to promote the local real estate market, and then of course in return the newspapers get all that nice advertising revenue from the developers.
"This winter's snow and ice can't melt fast enough for Brad Oleshansky, Birmingham car buff and founder of the planned 87-acre M1 Concourse off Woodward Avenue in Pontiac. The sooner construction begins on the $60 million car condo development, aimed at auto enthusiasts, the faster the first 55 luxury garage units can open for gearheads who have paid up to $250,000 each to house their vehicles. We're talking serious car people, with seriously expensive cars — not shade tree mechanics. In addition to their luxury garages, owners will have use of a 1.5-mile on-site racetrack."
Friday, March 06, 2015
Change to HOA law sought after coyote kills family pet - www.ktnv.com
Change to HOA law sought after coyote kills family pet - www.ktnv.com: We talked to Sen. Manendo in January when he was trying to help Marie resolve things with her HOA. She was seeking permission to install fence rollers because Arne was eaten by a coyote that jumped over her wall.
Rollers are recommended by the Nevada Division of Wildlife as a humane way to keep coyotes out and pets in.
"Basically a rolling piece of metal that mounts to the top of a wall so that even if an owner's pet is trying to climb over the wall or if a coyote is trying to come into the yard, they can't get a hold on top of the wall," explained NDOW Spokesman Doug Nielsen.
Both neighbors on either side of Marie's home in Solera at Stallion Mountain agreed to the rollers. But the HOA would not.
Contact 13 inducted them into our HOA Hall of Shame after they denied Marie's request, saying the rollers were not consistent with their design guidelines.
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More bad press for Privatopia as another Las Vegas HOA gets inducted into the KNTV-13 Hall of Shame. Film at 10.
Rollers are recommended by the Nevada Division of Wildlife as a humane way to keep coyotes out and pets in.
"Basically a rolling piece of metal that mounts to the top of a wall so that even if an owner's pet is trying to climb over the wall or if a coyote is trying to come into the yard, they can't get a hold on top of the wall," explained NDOW Spokesman Doug Nielsen.
Both neighbors on either side of Marie's home in Solera at Stallion Mountain agreed to the rollers. But the HOA would not.
Contact 13 inducted them into our HOA Hall of Shame after they denied Marie's request, saying the rollers were not consistent with their design guidelines.
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More bad press for Privatopia as another Las Vegas HOA gets inducted into the KNTV-13 Hall of Shame. Film at 10.
Benzer needed money?
http://infoweb.newsbank.com/resources/doc/nb/news/153D9AF558859A68?p=AWNB&saved_alert_id=anonymous_alerts_platform_IW_1415028848865
Who doesn't? How long will the alleged kingpin of the Las Vegas HOA fraud ring spend behind bars? And what will come out of this besides about 40 convictions?
Who doesn't? How long will the alleged kingpin of the Las Vegas HOA fraud ring spend behind bars? And what will come out of this besides about 40 convictions?
Las Vegas HOA fraud trial witnesses recount intimidation
http://www.reviewjournal.com/news/las-vegas/witnesses-say-hoa-conspirators-used-cash-guns-and-even-growls-sway-votes
Armed thugs at association meetings, payoffs...just a day in the life of a lot of Las Vegas homeowner associations.
Armed thugs at association meetings, payoffs...just a day in the life of a lot of Las Vegas homeowner associations.
Wednesday, March 04, 2015
No questions, peasants!
http://hosted.ap.org/dynamic/stories/U/US_MAYOR_NO_QUESTIONS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT
Randy Brown is the Mayor of Evesham, New Jersey. He's also the kicking coach for the Baltimore Ravens. And he has decided that the public will not be allowed to ask questions at township council meetings. He's considering a run for governor of New Jersey. If his campaign slogan is "Sit down and shut up!", that might go over well with the voters considering that their current governor says things like that all the time.
Randy Brown is the Mayor of Evesham, New Jersey. He's also the kicking coach for the Baltimore Ravens. And he has decided that the public will not be allowed to ask questions at township council meetings. He's considering a run for governor of New Jersey. If his campaign slogan is "Sit down and shut up!", that might go over well with the voters considering that their current governor says things like that all the time.
HOA denies dying child's wish for playhouse
http://www.ksat.com/content/pns/ksat/news/2015/03/04/hoa-rejects-playhouse-for-girl-battling-cancer.html
Fred Pilot just posted on this, but I decided to add my own thoughts. Some things never change, such as the propensity of HOA and condo boards to blindly enforce rules regardless of the impact on people's lives and heedless of the potential for bad publicity. In my first book on HOAs, I recounted an example from the early 1900s when Jesse Clyde Nichols explained how it was necessary to deny a similar request from a dying woman. It's the rules, you see. The rules are more important than any other consideration.
Fred Pilot just posted on this, but I decided to add my own thoughts. Some things never change, such as the propensity of HOA and condo boards to blindly enforce rules regardless of the impact on people's lives and heedless of the potential for bad publicity. In my first book on HOAs, I recounted an example from the early 1900s when Jesse Clyde Nichols explained how it was necessary to deny a similar request from a dying woman. It's the rules, you see. The rules are more important than any other consideration.
Little girl battles cancer and the homeowner’s association | FOX2now.com
Little girl battles cancer and the homeowner’s association | FOX2now.com
More bad "big meanie" press for Privatopia, Kansas sector. Film at 10 on WIBW, Topeka.
More bad "big meanie" press for Privatopia, Kansas sector. Film at 10 on WIBW, Topeka.
Tuesday, March 03, 2015
Witness describes payoffs, rigging elections, in HOA fraud trial
http://www.reviewjournal.com/news/crime-courts/witness-describes-payoffs-rigging-elections-hoa-fraud-trial
I wonder what effect all this publicity will have on the market for condo and HOA properties. Do most people think it is another "isolated instance," or do they understand how fragile these associations are?
I wonder what effect all this publicity will have on the market for condo and HOA properties. Do most people think it is another "isolated instance," or do they understand how fragile these associations are?
Sunday, March 01, 2015
Witnesses testify on roles in scheme to defraud homeowners associations | Las Vegas Review-Journal
Witnesses testify on roles in scheme to defraud homeowners associations | Las Vegas Review-Journal
"Ruvolo, 87, is one of four remaining defendants standing trial in federal court in the scheme, which prosecutors allege occurred between 2003 and 2009 and cost local HOAs millions of dollars. Myers, who pleaded guilty in 2012, died last year without being sentenced. The goal of the scheme, according to Lugo and other government witnesses, was to acquire properties at the larger condominium developments and then pack their HOA boards so that Benzer and Silver Lining Construction could obtain lucrative construction defect contracts. As many as 11 HOAs were targeted."
This massive corruption saga is Exhibit A that proves how fragile HOAs really are. The over-reliance on owners' resources--money, time, energy, loyalty--and the under-regulation by state and local government makes them vulnerable not just to takeover, but to other types of fraud, theft, manipulation, and mismanagement. Yet governments, and obviously developers and vendors, profit from them, so they will continue to proliferate, and so will the problems.
"Ruvolo, 87, is one of four remaining defendants standing trial in federal court in the scheme, which prosecutors allege occurred between 2003 and 2009 and cost local HOAs millions of dollars. Myers, who pleaded guilty in 2012, died last year without being sentenced. The goal of the scheme, according to Lugo and other government witnesses, was to acquire properties at the larger condominium developments and then pack their HOA boards so that Benzer and Silver Lining Construction could obtain lucrative construction defect contracts. As many as 11 HOAs were targeted."
This massive corruption saga is Exhibit A that proves how fragile HOAs really are. The over-reliance on owners' resources--money, time, energy, loyalty--and the under-regulation by state and local government makes them vulnerable not just to takeover, but to other types of fraud, theft, manipulation, and mismanagement. Yet governments, and obviously developers and vendors, profit from them, so they will continue to proliferate, and so will the problems.
Friday, February 27, 2015
Fascinating line drawings of suburbia
http://www.citylab.com/design/2015/02/an-artists-dark-but-loving-graphic-ode-to-suburbia/386309/?utm_source=SFTwitter
This is an article about an artist whose ambivalent feelings about suburbia are reflected in his art.
This is an article about an artist whose ambivalent feelings about suburbia are reflected in his art.
Neighbor from hell nominations, part deux
From Mystery Reader comes this formidable candidate. Was she spending too much time watching Fox News? Stay tuned.
http://www.idahostatesman.com/2015/02/12/3642246_boise-woman-arrested-on-malicious.html?rh=1
http://www.idahostatesman.com/2015/02/12/3642246_boise-woman-arrested-on-malicious.html?rh=1
"Marguerite Haragan, 58, pressed her foot into the throat of a Jewish woman while saying she'd "better accept Jesus," an Ada County prosecutor said during Haragan's arraignment Thursday. Haragan's verbal harassment of the woman - identified in court by her initials, "AG" - had been ongoing, including through phone calls, according to the prosecutor. But on Feb. 5, it reportedly escalated to violence.According to the prosecutor, AG reported that Haragan visited her home that day, banged on her front window and yelled that she'd "better believe in Jesus, and that she was not going to leave until she did." AG opened the door to take down Haragan's license plate number and ask Haragan to leave, the prosecutor said. Haragan then allegedly slapped AG in the face, pulled her hair, yanked her to the ground and began kicking her in the stomach and thighs. Haragan yelled that AG needed to believe in Jesus to stop the assault, the prosecutor said. The prosecutor said Haragan pressed her foot into AG's neck and pulled her hair, causing a neck injury that still pains AG. "Eventually, the victim had to comply" to escape the attack, the prosecutor said.According to the charges against Haragan, she returned to AG's home Feb. 7 and scratched a phrase including the word "death" into her mailbox."
Thursday, February 26, 2015
Turns out Americans don't want tiny homes after all
Which should come as a surprise to nobody.
http://www.huffingtonpost.com/2015/02/26/your-house-is-too-small_n_6762938.html
http://www.huffingtonpost.com/2015/02/26/your-house-is-too-small_n_6762938.html
Many people aspire to being the neighbor from hell. Few achieve their objective.
But sometimes one bold individual rises above the crowd and rings the bell. To wit, this individual:
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"A California man has become the neighbor from hell by plastering swastika-covered Israeli and American flags across the front of his home and refusing all demands he take them down.
The Sacramento homeowner also fashioned a soldier out of wood and green cloth and strung up a Palestinian flag above the house.
He calls it his art, neighbors say, and there's nothing the police will do about it."
Read more: http://www.dailymail.co.uk/news/article-2969779/Neighbor-hell-decorates-home-swastika-covered-Israeli-American-flags-s-police-do.html#ixzz3SpPmqrRP
Follow us: @MailOnline on Twitter | DailyMail on Facebook
http://www.dailymail.co.uk/news/article-2969779/Neighbor-hell-decorates-home-swastika-covered-Israeli-American-flags-s-police-do.html
Wednesday, February 25, 2015
HOA Hall of Shame inducts Aliante - www.ktnv.com
HOA Hall of Shame inducts Aliante - www.ktnv.com: North Las Vegas, NV (KTNV) -- It's a case of lost and not found. A homeowners association can't find a couple's money, and now, they could lose their home.
Contact 13 Chief Investigator Darcy Spears has the newest member of our HOA Hall of Shame.
"This is the home that God blessed my husband and I with that we are trying to hard to protect."
Tamela and Edward Ketchmore don't owe their homeowner's association a dime.
"We have never, ever missed a payment."
But their HOA doesn't see it that way.
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Apparently acceptable proof of payment is at the heart of this incident leading to the latest dishonor of a privatopian principality, Nevada sector. Film at 10 on KNTV, Las Vegas.
Contact 13 Chief Investigator Darcy Spears has the newest member of our HOA Hall of Shame.
"This is the home that God blessed my husband and I with that we are trying to hard to protect."
Tamela and Edward Ketchmore don't owe their homeowner's association a dime.
"We have never, ever missed a payment."
But their HOA doesn't see it that way.
------------
Apparently acceptable proof of payment is at the heart of this incident leading to the latest dishonor of a privatopian principality, Nevada sector. Film at 10 on KNTV, Las Vegas.
Study reveals common development pattern in ancient and modern cities
http://www.voicechronicle.com/201502-study-reveals-common-development-pattern-in-ancient-and-modern-cities
The main factor that has driven the rise of common interest housing is that it facilitates increasing population density, which is profitable and efficient for developers and cities. Residents often become unhappy with these high-density shared ownership arrangements, but here's evidence that these patterns have persisted from ancient to modern times.
"Researchers from the Santa Fe Institute and the University of Colorado Boulder have revealed that a common pattern of development and similar characteristics can be observed in ancient as well as modern cities. Large populations and dense areas are the features of modern cities, which were also exhibited by ancient cities. As per the new study, the inhabitants of ancient cities having bigger and denser settlements were more efficient. The study has been detailed in the journal PLOS ONE."
The main factor that has driven the rise of common interest housing is that it facilitates increasing population density, which is profitable and efficient for developers and cities. Residents often become unhappy with these high-density shared ownership arrangements, but here's evidence that these patterns have persisted from ancient to modern times.
"Researchers from the Santa Fe Institute and the University of Colorado Boulder have revealed that a common pattern of development and similar characteristics can be observed in ancient as well as modern cities. Large populations and dense areas are the features of modern cities, which were also exhibited by ancient cities. As per the new study, the inhabitants of ancient cities having bigger and denser settlements were more efficient. The study has been detailed in the journal PLOS ONE."
Tuesday, February 24, 2015
HOA refuses to let woman charge her electric car
http://www.10news.com/news/hoa-refuses-to-let-woman-charge-electric-car
This reminds me of the San Diego area HOAs that told people they had to rebuild their houses with wood shake roof shingles, after the houses burned down because the wood shake shingles caught fire from flying sparks. By all means, let's not do anything intelligent!
This reminds me of the San Diego area HOAs that told people they had to rebuild their houses with wood shake roof shingles, after the houses burned down because the wood shake shingles caught fire from flying sparks. By all means, let's not do anything intelligent!
Monica Sadler has passed away
http://www.qconline.com/obituaries/monica-sadler/article_aa78d5a3-18c8-526e-91f4-8fa77efda92f.html
My dear friend Monica Sadler died last week. She was one of the most tenacious fighters for the rights of HOA and condo owners who has ever set foot in a courtroom. We fought a number of legal battles together and she didn't know the meaning of "quit." She was also a true friend and one of the most considerate and giving people I have ever known. I will miss her, and so will Shu Bartholomew and many other people who knew her.
Here is the obituary, and following that you will find a piece I wrote for the Cyber Citizens for Justice website about the case we took to the United States Supreme Court. If you want to read the petition for writ of certiorari, it is linked from the CCFJ page:
Monica J. Sadler, 58, of Moline, passed away Friday, Feb. 20, 2015, at her home.
Funeral services will be held at 10 a.m. Friday, Feb. 27, at Rafferty Funeral Home, 2111 1st St. A, Moline. Visitation will be 4 to 7 p.m. Thursday at the funeral home. Entombment will be at St. Mary's Cemetery, East Moline. Memorials can be made to the Rock Island County Humane Society.
Monica was born Oct. 22, 1956, in Dayton, Ohio, the daughter of James and Betty Anderson. She married Jim Sadler on Feb. 15, 1986 in Tulsa, Okla.
Monica attended Calvary Church of the Quad Cities, Moline. She had a passion for gardening and fishing and loved her dogs, Tinker Bell, Tillie and Buddy. Monica had a heart of gold and never thought twice about helping a stranger. She loved being outdoors and was surrounded by wonderful friends and a loving family.
Survivors include her husband, Jim; son, Andrew (Amy) Sadler, Moline; mother, Betty Anderson, Sunrise Beach, Mo.; and sister, Donna Braddom, Dayton.
Condolences may be left at RaffertyFunerals.com.
http://www.ccfj.net/USSupremeCourtMJSadler.html
My dear friend Monica Sadler died last week. She was one of the most tenacious fighters for the rights of HOA and condo owners who has ever set foot in a courtroom. We fought a number of legal battles together and she didn't know the meaning of "quit." She was also a true friend and one of the most considerate and giving people I have ever known. I will miss her, and so will Shu Bartholomew and many other people who knew her.
Here is the obituary, and following that you will find a piece I wrote for the Cyber Citizens for Justice website about the case we took to the United States Supreme Court. If you want to read the petition for writ of certiorari, it is linked from the CCFJ page:
Monica J. Sadler, 58, of Moline, passed away Friday, Feb. 20, 2015, at her home.
Funeral services will be held at 10 a.m. Friday, Feb. 27, at Rafferty Funeral Home, 2111 1st St. A, Moline. Visitation will be 4 to 7 p.m. Thursday at the funeral home. Entombment will be at St. Mary's Cemetery, East Moline. Memorials can be made to the Rock Island County Humane Society.
Monica was born Oct. 22, 1956, in Dayton, Ohio, the daughter of James and Betty Anderson. She married Jim Sadler on Feb. 15, 1986 in Tulsa, Okla.
Monica attended Calvary Church of the Quad Cities, Moline. She had a passion for gardening and fishing and loved her dogs, Tinker Bell, Tillie and Buddy. Monica had a heart of gold and never thought twice about helping a stranger. She loved being outdoors and was surrounded by wonderful friends and a loving family.
Survivors include her husband, Jim; son, Andrew (Amy) Sadler, Moline; mother, Betty Anderson, Sunrise Beach, Mo.; and sister, Donna Braddom, Dayton.
Condolences may be left at RaffertyFunerals.com.
http://www.ccfj.net/USSupremeCourtMJSadler.html
On Petition for Writ of Certiorari to the Illinois Appellate Court, Second District
PETITION FOR WRIT OF CERTIORARI
The Story Behind Monica J. Sadler v. Illinois
By Evan McKenzie
Published September 17, 2007
How would you feel if you had to pay a water bill every month, but your property was not even connected to the water system, and your CC&Rs said you didn’t have to pay for water until that connection was made?
This is the situation that faced Monica Sadler and thousands of other owners at the Oak Run development in eastern Illinois
You may be asking yourself, “Didn’t the HOA object to this rate increase?” The Oak Run Property Owners’ Association challenged various aspects of the proposed increases. But they didn’t raise the basic unfairness of forcing people to pay charges that appeared to be prohibited by the terms of the covenants—especially when they weren’t even receiving any water. The board of directors of ORPOA was controlled by people who had homes in Oak Run with water meters, not “availability” customers who owned undeveloped lots.
As soon as she understood the situation and realized that the ORPOA wasn’t going to protect the interests of availability customers, Monica took it upon herself to go to Springfield
All by herself, Monica began to review the 6000 page electronic record of the rate proceeding and research the rules for intervening in an administrative action. Soon she had a Petition to Intervene on file in the rate increase proceeding before the ICC. In the petition, she made it clear that her reason for intervening was to introduce in evidence the CC&Rs and ask the ICC to rule that the availability charges were a violation of the terms of these contracts.
The Administrative Law Judge eventually granted her Petition to Intervene. But in the same order, he marked the record of the proceeding “heard and taken” two days before the date of her intervention. That meant that, while Monica was now a party to the proceeding, she could not present any evidence. The contracts would not be allowed into the record.
Of course, this frustrated the entire purpose of her intervention. She was in the action, but she couldn’t prove the claims that were her reason for intervening. She filed motions to challenge this ruling. She cited sections of Illinois
Every claim that she raised was denied. The Administrative Law Judge ruled that she had intervened too late in the proceeding, and that hearing evidence and argument from both sides on the contract claims would take too much time. Acting on his rulings, the Illinois Commerce Commission raised water rates in Oak Run, including the availability charges.
Monica then retained my services, and we appealed from this ruling to the Illinois Court of Appeals for the Second Appellate District. We raised a variety of issues of Illinois
The appellate court ruled against us, and accepted the argument that the ALJ had discretion to rule that it was too late to hear more evidence. But, amazingly, the court also held that Monica had not even raised the constitutional claims before the ICC. In a petition for rehearing, we pointed out with infinite specificity the exact locations in the record where she raised these claims. She had even gone so far as to quote the entire text of the contract clause, word for word, in motions before the Administrative Law Judge, and all this was in the record of the administrative proceeding.
The petition for rehearing was denied. We then petitioned the Illinois Supreme Court for leave to appeal. That, too, was denied. The Illinois Supreme Court has the power to decide which cases it is going to hear, and it declined to hear this one without ruling on the merits one way or the other.
The only avenue left was the United States Supreme Court.
Consider the position Monica found herself in. She had by this time asked the Administrative Law Judge, the Illinois Commerce Commission, the appellate court, and now the Illinois Supreme Court just to read and consider the contracts that appeared to prohibit the availability charges that people had been paying for decades. She had tried to get these agencies of state government to at least consider that these charges violated the contracts and constitutional rights of thousands of Oak Run residents. But every arm of state government had refused even to hear that claim. The rate proceeding was like a railroad train speeding down the tracks, and it seemed that a statutory and constitutional claim brought by a single property owner was not going to be allowed to stand in its path.
Monica decided that she wanted to petition the Supreme Court for a Writ of Certiorari, and we have done so. We argue in the petition that the ICC and the Illinois
We know that the Supreme Court receives almost 10,000 petitions every year and ends up granting full review with briefing and oral argument to fewer than 80 of them. Another 100 or so will be summarily decided without oral argument. The rest will just be denied review, without explanation. Petitioning the Supreme Court is always a long shot, no matter who you are. The Supreme Court has enormous discretion to hear whatever cases it chooses. The Court does this by having law clerks read the petitions and make recommendations to the justices, and then the justices take a vote. It takes four votes out of nine for the Court to review a case. The decision to review a case is not based on whether an error appears to have been committed, because the Supreme Court is not in the business of correcting errors by lower courts. The Supreme Court is a policy making court. The decision to take up a case is based on the importance of the issue to four members of the Court. We have tried to convince the Court that this case matters, because the Court should protect the rights of individuals who dare to stand up to a powerful utility company, a powerful state agency, and a powerful state court.
We know that the odds are long. But Monica is one of those rare people who are guided by a strong sense of right and wrong. She refuses to accept injustice if there is any way to fight it. Most of all, she stands up for other people who are victims of injustice and for whatever reason are not able to stand up for themselves. And her view of this situation is that thousands of Oak Run owners, without their knowledge or understanding, have been gouged for decades by a regulated utility company, in violation of their contracts and their constitutional rights.
Their homeowner association is not going to represent their interests or defend their rights. Neither are the state regulators or the Illinois
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