Great American beers - Jul. 2, 2004
Off topic? You be the judge.
Great American beers
The nation's small brewers prove that the revolutionary spirit is alive and well.
July 2, 2004: 4:45 PM EDT
By Gordon T. Anderson, CNN/Money staff writer
NEW YORK (CNN/Money) - As America toasts its founding, pause to consider beer's role in the history of the Republic. The Pilgrims, for example, chose to land at Plymouth Rock in part because they were out of beer, as John Alden noted in his log of the Mayflower. William Penn, George Washington and James Madison all brewed at home. Samuel Adams, famously, did it for a living. The Boston Tea Party was planned over beer at the Green Dragon tavern, and Thomas Jefferson composed the major parts of the Declaration of Independence at the Indian Queen tavern. And when the Constitution was being written in Philadelphia, the conventioneers adjourned nightly at the City Tavern, mindful of Benjamin Franklin's observation that "beer is proof that God loves us and wants us to be happy." If the Founders saw that beer could forge a revolution, modern Minutemen are forging a revolution in the beer itself. These days, small U.S. brewers are battling foreign and domestic foes -- with surprising success.
Tuesday, July 13, 2004
Monday, July 12, 2004
As BAD As It Gets
VIEW FROM THE RIGHT
Adam Sparks, Special to SF Gate
Imagine waking up to a science-fiction world in which voting involves no secret ballots -- the government knows how you voted -- no opposition statements are permitted, multiple votes can be legally cast by the same voter, only property owners vote, nongovernmental friends of the political power structure literally run the elections and voters can change their votes as many times as they like before election day. Is this a scenario for the next century, the voting pattern in Saudi Arabia or Saddam's Iraq or what? No, it's what voters are now facing in Contra Costa County, with mail-in ballots due July 27.
It all sounds nightmarish and hellishly bad, and it is. BAD is in this case both an acronym and an apt description. Benefit-assessment districts, or BADs, permitted under the California Constitution, are formed by groups of property owners who vote among themselves to create a special assessment district to finance local improvements to sidewalks, streets, landscaping and lighting and so on. BADs, however, need only be authorized by a local government and then validated by a vote among a small percentage of the population -- property owners -- to provide a very localized, finite and tangible capital improvement.
Historically, this system has worked well; it's been going on quietly for about 50 years now. But, in recent years, some cash-strapped governments have been looking to BADs to do an end run around Proposition 13, which requires that all bond measures for general improvements, such as school construction and park development, be approved by a two-thirds majority of the electorate. Proposition 13 concluded that bonds are essentially de facto property-tax increases and that it's reasonable they should have the overwhelming support of all those who will pay them.
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This is the same basic reason that cities across the country are mandating CID construction. They are getting around the need to raise money the old-fashioned way--by raising taxes or cutting existing services. Instead we have these pay-as-you-go arrangements with various kinds of special districts that impose specific tax burdens on this or that group of residents. With CIDs, it's the new owners.
VIEW FROM THE RIGHT
Adam Sparks, Special to SF Gate
Imagine waking up to a science-fiction world in which voting involves no secret ballots -- the government knows how you voted -- no opposition statements are permitted, multiple votes can be legally cast by the same voter, only property owners vote, nongovernmental friends of the political power structure literally run the elections and voters can change their votes as many times as they like before election day. Is this a scenario for the next century, the voting pattern in Saudi Arabia or Saddam's Iraq or what? No, it's what voters are now facing in Contra Costa County, with mail-in ballots due July 27.
It all sounds nightmarish and hellishly bad, and it is. BAD is in this case both an acronym and an apt description. Benefit-assessment districts, or BADs, permitted under the California Constitution, are formed by groups of property owners who vote among themselves to create a special assessment district to finance local improvements to sidewalks, streets, landscaping and lighting and so on. BADs, however, need only be authorized by a local government and then validated by a vote among a small percentage of the population -- property owners -- to provide a very localized, finite and tangible capital improvement.
Historically, this system has worked well; it's been going on quietly for about 50 years now. But, in recent years, some cash-strapped governments have been looking to BADs to do an end run around Proposition 13, which requires that all bond measures for general improvements, such as school construction and park development, be approved by a two-thirds majority of the electorate. Proposition 13 concluded that bonds are essentially de facto property-tax increases and that it's reasonable they should have the overwhelming support of all those who will pay them.
-----------------------------------------------
This is the same basic reason that cities across the country are mandating CID construction. They are getting around the need to raise money the old-fashioned way--by raising taxes or cutting existing services. Instead we have these pay-as-you-go arrangements with various kinds of special districts that impose specific tax burdens on this or that group of residents. With CIDs, it's the new owners.
Sunday, July 11, 2004
HOA rules still dog homeowners
A "nightmare" that began almost two years ago has East Valley resident Rob Zaruba wondering who’s in charge of homeowners associations.
His homeowners association and Gilbert gave him written permission to build a $20,000 detached garage — only to have a neighbor complain that the structure violated association rules.
He called the mayor.
He contacted East Valley legislators. He talked to board members, property managers and attorneys connected to his home owners association.
Earlier this year, a mediator decided the garage did violate home owners association rules, must be removed and Zaruba should be com pensated for his trouble.
Zaruba’s ordeal illus trates the web of confu sion over the power, structure and oversight of homeowners associa- tions, which are mandated by some municipalities, created by developers and ruled by homeowners. There’s no oversight on the local or state level, and it’s often easier to change homeowners association rules by passing a state law rather than what’s needed to revise individual homeowners association covenants, conditions and restrictions.
"There’s confusion of who is in control, absolutely," said Rep. Eddie Farnsworth, RGilbert, who supported a number of homeowners association reform bills during this year’s legislative session. "People call cities and legislators. They aren’t sure what to do once a HOA board says it isn’t going to listen to you or go after you."
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And you also get an exchange of quotes between arch-enemies Pat Haruff and Scott Carpenter, to wit:
"It’s a failed experiment, totally failed," said Pat Haruff, a Mesa homeowner activist.
Not so, says homeowners association attorney Scott Carpenter, a member of the top homeowners association lobbying and education group, Community Associations Institute.
"The existence of use restrictions (in the covenants, conditions and restrictions) is market-driven," he said. "The homebuyer wants them."
A "nightmare" that began almost two years ago has East Valley resident Rob Zaruba wondering who’s in charge of homeowners associations.
His homeowners association and Gilbert gave him written permission to build a $20,000 detached garage — only to have a neighbor complain that the structure violated association rules.
He called the mayor.
He contacted East Valley legislators. He talked to board members, property managers and attorneys connected to his home owners association.
Earlier this year, a mediator decided the garage did violate home owners association rules, must be removed and Zaruba should be com pensated for his trouble.
Zaruba’s ordeal illus trates the web of confu sion over the power, structure and oversight of homeowners associa- tions, which are mandated by some municipalities, created by developers and ruled by homeowners. There’s no oversight on the local or state level, and it’s often easier to change homeowners association rules by passing a state law rather than what’s needed to revise individual homeowners association covenants, conditions and restrictions.
"There’s confusion of who is in control, absolutely," said Rep. Eddie Farnsworth, RGilbert, who supported a number of homeowners association reform bills during this year’s legislative session. "People call cities and legislators. They aren’t sure what to do once a HOA board says it isn’t going to listen to you or go after you."
----------------------
And you also get an exchange of quotes between arch-enemies Pat Haruff and Scott Carpenter, to wit:
"It’s a failed experiment, totally failed," said Pat Haruff, a Mesa homeowner activist.
Not so, says homeowners association attorney Scott Carpenter, a member of the top homeowners association lobbying and education group, Community Associations Institute.
"The existence of use restrictions (in the covenants, conditions and restrictions) is market-driven," he said. "The homebuyer wants them."
Monterey County Herald | 07/06/2004 | Las Palmas couple fight homeowners group
Amid rolling, golden hills and curving, rock-walled roads bordered by freshly mown grass, life in a spacious, five-bedroom home in the upper reaches of the Las Palmas subdivision near Salinas would appear to be comfortable if not idyllic.
That's what attracted Angie and Loyde Inlow, a health consultant and doctor who bought their 3,700-square foot home about three years ago on a canyon hillside in the Prestancia Ranch section of Las Palmas. But the past few months have been anything but stress-free for the Inlows. They've butted heads with the development's homeowners association over planting a strip of fresh sod behind their fence and, since March, over plans to add a second, two-car garage and second-floor game room to their two-story home. "People on the board are very controlling. They believe what they say goes, period," Loyde Inlow said, sitting in the living room while his wife held their 6-month old daughter, Sierra. "Not everyone has been following the rules. It's very hypocritical." They tell stories of aerial photos being taken of the offending strip of sod, of keeping an eye on neighbors with binoculars, of rules being changed arbitrarily, of hard feelings among neighbors on the block overlooking the Salinas Valley. They've hired a lawyer...
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Who hasn't?
But here we go again. The story continues...
Amid rolling, golden hills and curving, rock-walled roads bordered by freshly mown grass, life in a spacious, five-bedroom home in the upper reaches of the Las Palmas subdivision near Salinas would appear to be comfortable if not idyllic.
That's what attracted Angie and Loyde Inlow, a health consultant and doctor who bought their 3,700-square foot home about three years ago on a canyon hillside in the Prestancia Ranch section of Las Palmas. But the past few months have been anything but stress-free for the Inlows. They've butted heads with the development's homeowners association over planting a strip of fresh sod behind their fence and, since March, over plans to add a second, two-car garage and second-floor game room to their two-story home. "People on the board are very controlling. They believe what they say goes, period," Loyde Inlow said, sitting in the living room while his wife held their 6-month old daughter, Sierra. "Not everyone has been following the rules. It's very hypocritical." They tell stories of aerial photos being taken of the offending strip of sod, of keeping an eye on neighbors with binoculars, of rules being changed arbitrarily, of hard feelings among neighbors on the block overlooking the Salinas Valley. They've hired a lawyer...
-------------------------
Who hasn't?
But here we go again. The story continues...
Israel News : Jerusalem Post Internet Edition: Israeli Security Fence battle moves to United Nations
With the US promising to veto possible sanctions against Israel and the Palestinians vowing to fight for them, the international battle over Israel's security fence moves to the United Nations, which could debate the matter as early as this week. Arab nations plan to ask the UN General Assembly to condemn Israel and force the destruction of its fence based on the advisory opinion issued Friday by the International Court of Justice in The Hague, which said that its construction in the territories and in east Jerusalem is illegal and must be stopped.
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This promises to be a high-stakes conflict over the ultimate in gated communities. The wall seems to have contributed to a reduction in suicide bombings, according to some knowledgeable observers. But with the Hague weighing in on the side of the Palestinians, and the US promising to veto anything that condemns Israel, the scope of the conflict has been greatly enlarged.
With the US promising to veto possible sanctions against Israel and the Palestinians vowing to fight for them, the international battle over Israel's security fence moves to the United Nations, which could debate the matter as early as this week. Arab nations plan to ask the UN General Assembly to condemn Israel and force the destruction of its fence based on the advisory opinion issued Friday by the International Court of Justice in The Hague, which said that its construction in the territories and in east Jerusalem is illegal and must be stopped.
-------------------------
This promises to be a high-stakes conflict over the ultimate in gated communities. The wall seems to have contributed to a reduction in suicide bombings, according to some knowledgeable observers. But with the Hague weighing in on the side of the Palestinians, and the US promising to veto anything that condemns Israel, the scope of the conflict has been greatly enlarged.
L.A. Daily News - Priced out of a house? Affordability index hits lowest level since 1989
With prices and interest rates trending higher, only 19 percent of California households could afford the median-price home in May -- the lowest affordability rate since the previous housing boom, near its peak in 1989, a real estate group reported Thursday.
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It just gets worse and worse. In Los Angeles County, "It would take an income of about $110,000 to afford a median-price home costing about $465,000," according to the article. Ouch.
With prices and interest rates trending higher, only 19 percent of California households could afford the median-price home in May -- the lowest affordability rate since the previous housing boom, near its peak in 1989, a real estate group reported Thursday.
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It just gets worse and worse. In Los Angeles County, "It would take an income of about $110,000 to afford a median-price home costing about $465,000," according to the article. Ouch.
www.newszap.com: Older HOAs face problems with contradictory CC&Rs
Residents of Devonshire Estates are at odds over whether a neighbor should have been allowed to build a 950-square-foot RV garage in his backyard. The HOA board approved the project and the resident got the proper permit from the city. However, when Fannie Jones woke up to the sounds of construction on her birthday in April, she did not like the unexpected gift. "It's a barn in my backyard," said the 60-year-old Ms. Jones, who was one of the neighborhood's first residents when she bought her home in 1989. The RV garage, owned by Charles Baker, is about 18 feet tall and blocks his neighbor, Ms. Jones', eastern view.While some homeowners' associations vigorously enforce community laws, other neighborhoods are a bit more relaxed. Problems can develop as board members and policies change without updating the covenants, conditions and restrictions (CC&Rs). When HOA members attempt to enforce what they think is in their CC&Rs, they may discover the documents have outdated or contradictory language...
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This sort of thing is fairly common and it poses quite a problem. There aren't many lawyers who understand the law on CIDs, and even when they do the interaction between the language of governing documents and state law is often difficult to figure out. The CC&Rs may have been written 25 years ago, and since then a lot of things have changed.
Residents of Devonshire Estates are at odds over whether a neighbor should have been allowed to build a 950-square-foot RV garage in his backyard. The HOA board approved the project and the resident got the proper permit from the city. However, when Fannie Jones woke up to the sounds of construction on her birthday in April, she did not like the unexpected gift. "It's a barn in my backyard," said the 60-year-old Ms. Jones, who was one of the neighborhood's first residents when she bought her home in 1989. The RV garage, owned by Charles Baker, is about 18 feet tall and blocks his neighbor, Ms. Jones', eastern view.While some homeowners' associations vigorously enforce community laws, other neighborhoods are a bit more relaxed. Problems can develop as board members and policies change without updating the covenants, conditions and restrictions (CC&Rs). When HOA members attempt to enforce what they think is in their CC&Rs, they may discover the documents have outdated or contradictory language...
-------------------------------
This sort of thing is fairly common and it poses quite a problem. There aren't many lawyers who understand the law on CIDs, and even when they do the interaction between the language of governing documents and state law is often difficult to figure out. The CC&Rs may have been written 25 years ago, and since then a lot of things have changed.
Wednesday, July 07, 2004
CBC News:Condo owners win Supreme Court case over religious structures
The only problem is that this is the Supreme Court of Canada.
OTTAWA - A group of Jewish condo owners in Montreal have won a ruling from the Supreme Court of Canada allowing them to put up temporary, religious structures on their balconies. The case goes back four years, when four Orthodox Jews were told by their condominium association they weren't allowed to put up Sukkot huts, also known as sukkahs, on their balconies. Condo rules had prohibited any construction on balconies or patios.
But in a 5-4 decision, the court ruled that religious freedoms take precedence over co-ownership contracts. It said the association's arguments about aesthetics and safety were questionable and that the Jews' religious rights should be upheld.
The only problem is that this is the Supreme Court of Canada.
OTTAWA - A group of Jewish condo owners in Montreal have won a ruling from the Supreme Court of Canada allowing them to put up temporary, religious structures on their balconies. The case goes back four years, when four Orthodox Jews were told by their condominium association they weren't allowed to put up Sukkot huts, also known as sukkahs, on their balconies. Condo rules had prohibited any construction on balconies or patios.
But in a 5-4 decision, the court ruled that religious freedoms take precedence over co-ownership contracts. It said the association's arguments about aesthetics and safety were questionable and that the Jews' religious rights should be upheld.
Thursday, July 01, 2004
The University of Montana School of Law: Robert G. Natelson
I was right. Here's his web page. Check out his publications list and tell me he shouldn't be allowed to teach constitutional law. Good grief.
I was right. Here's his web page. Check out his publications list and tell me he shouldn't be allowed to teach constitutional law. Good grief.
Natelson seeks regents' help in clash with UM Law School
HELENA - University of Montana professor Rob Natelson, accusing the Law School of discriminating against him for years because of his conservative political views, has asked the state Board of Regents to overturn a decision denying him the opportunity to teach constitutional law. Natelson, who has twice run as a Republican for governor and led several ballot-issue campaigns to limit taxes, filed a formal appeal this week with Regents Chairman John Mercer of Polson. He asked that the regents consider his request or assign it to Higher Education Commissioner Sheila Stearns rather than allow it to be heard on the UM campus. He asked the regents to reverse the Law School decision and order him to be transferred to the constitutional law teaching vacancy. Natelson urged the regents to admonish the Law School "to reassess its policies and practices to assure that faculty members of all viewpoints receive equal opportunity and treatment in hiring, promotion, work practices, merit pay and faculty awards, and that there is greater viewpoint diversity among faculty." In addition, he asked the regents to order the Law School to file "a plan of affirmative action (but not preferential hiring) to assure that the goals of equality opportunity, equal treatment and intellectual diversity are met." This may include, he said, "reassessment of intellectual political bias, faculty sensitivity training and basic education in federal and state provisions against illegal discrimination."
The article goes on at considerable length from there. Unless I am badly mistaken, Prof. Natelson is the author of a fascinating law review article that I have cited numerous times. It is: Robert G. Natelson, "Comments on the Historiography of Condominium: The Myth of Roman Origin," 12 Oklahoma City University Law Review 17 (1987). He debunks the industry-promoted false history of condominiums that says they date back to "the hills of ancient Rome." Instead, he shows, the origins of condominium property lie in medieval German law. He traces the idea through history, until he shows that condominiums arrived in the US in the early 1960s by way of Puerto Rico. If you want more, you can read about German "story property" in Rudolph Huebner's A History of Germanic Privat Law, published back in 1918 and re-issued by Augustus M. Kelley in 1968.
Anyway, I think Prof. Natelson is quite a capable scholar, and if he is being denied the opportunity to teach constitutional law because of his political beliefs it would be a sad state of affairs.
HELENA - University of Montana professor Rob Natelson, accusing the Law School of discriminating against him for years because of his conservative political views, has asked the state Board of Regents to overturn a decision denying him the opportunity to teach constitutional law. Natelson, who has twice run as a Republican for governor and led several ballot-issue campaigns to limit taxes, filed a formal appeal this week with Regents Chairman John Mercer of Polson. He asked that the regents consider his request or assign it to Higher Education Commissioner Sheila Stearns rather than allow it to be heard on the UM campus. He asked the regents to reverse the Law School decision and order him to be transferred to the constitutional law teaching vacancy. Natelson urged the regents to admonish the Law School "to reassess its policies and practices to assure that faculty members of all viewpoints receive equal opportunity and treatment in hiring, promotion, work practices, merit pay and faculty awards, and that there is greater viewpoint diversity among faculty." In addition, he asked the regents to order the Law School to file "a plan of affirmative action (but not preferential hiring) to assure that the goals of equality opportunity, equal treatment and intellectual diversity are met." This may include, he said, "reassessment of intellectual political bias, faculty sensitivity training and basic education in federal and state provisions against illegal discrimination."
The article goes on at considerable length from there. Unless I am badly mistaken, Prof. Natelson is the author of a fascinating law review article that I have cited numerous times. It is: Robert G. Natelson, "Comments on the Historiography of Condominium: The Myth of Roman Origin," 12 Oklahoma City University Law Review 17 (1987). He debunks the industry-promoted false history of condominiums that says they date back to "the hills of ancient Rome." Instead, he shows, the origins of condominium property lie in medieval German law. He traces the idea through history, until he shows that condominiums arrived in the US in the early 1960s by way of Puerto Rico. If you want more, you can read about German "story property" in Rudolph Huebner's A History of Germanic Privat Law, published back in 1918 and re-issued by Augustus M. Kelley in 1968.
Anyway, I think Prof. Natelson is quite a capable scholar, and if he is being denied the opportunity to teach constitutional law because of his political beliefs it would be a sad state of affairs.
Monday, June 28, 2004
USATODAY.com - Housing crunch revives old cities
USA Today produces yet another excellent piece on housing trends. This one is co-authored by Haya El Nasser, who is as knowledgeable about housing trends as any journalist in America, and it includes analysis by Bob Lang of Virginia Tech, who is on my short list of A Number One urbanists.
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The quest for affordable housing is fueling the explosive growth of suburban cities in the Sun Belt and even reviving some old industrial cities in the Northeast, according to population estimates out Thursday.Census numbers for 2003 show that cities grow when jobs are plentiful and housing costs are relatively low compared with the rest of their regions. (Related story: Rejuvenated cities capitalize on location) "It's the scramble for value," says Robert Lang, urban expert at Virginia Tech and author of Boomburbs, an upcoming book on large, fast-growing suburbs. "People are finding back doors into the hot places." The hottest places are still concentrated in the Sun Belt. Since 2000, eight of the 10 fastest-growing cities with more than 100,000 people are suburbs of Phoenix, Los Angeles and Las Vegas: Gilbert, Chandler and Peoria, Ariz.; Rancho Cucamonga, Fontana and Irvine, Calif.; and Henderson and North Las Vegas, Nev. The other two are Port St. Lucie and Cape Coral, Fla. The hunt for affordable housing also has helped reverse declines in older cities within commuting range of strong job centers. Cities in New Jersey and Connecticut are enjoying some of the spillover from New York's prosperity. Immigrants who are first-time homebuyers often gravitate toward older areas that offer comparatively cheap housing and good transportation to major job markets.
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This is a good story, and so is the related one about smaller "micrometropolitan" areas taking advantage of these trends. I suggest following the link to the story and reading the whole thing. Thanks to Fred Pilot for sending me this link.
USA Today produces yet another excellent piece on housing trends. This one is co-authored by Haya El Nasser, who is as knowledgeable about housing trends as any journalist in America, and it includes analysis by Bob Lang of Virginia Tech, who is on my short list of A Number One urbanists.
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The quest for affordable housing is fueling the explosive growth of suburban cities in the Sun Belt and even reviving some old industrial cities in the Northeast, according to population estimates out Thursday.Census numbers for 2003 show that cities grow when jobs are plentiful and housing costs are relatively low compared with the rest of their regions. (Related story: Rejuvenated cities capitalize on location) "It's the scramble for value," says Robert Lang, urban expert at Virginia Tech and author of Boomburbs, an upcoming book on large, fast-growing suburbs. "People are finding back doors into the hot places." The hottest places are still concentrated in the Sun Belt. Since 2000, eight of the 10 fastest-growing cities with more than 100,000 people are suburbs of Phoenix, Los Angeles and Las Vegas: Gilbert, Chandler and Peoria, Ariz.; Rancho Cucamonga, Fontana and Irvine, Calif.; and Henderson and North Las Vegas, Nev. The other two are Port St. Lucie and Cape Coral, Fla. The hunt for affordable housing also has helped reverse declines in older cities within commuting range of strong job centers. Cities in New Jersey and Connecticut are enjoying some of the spillover from New York's prosperity. Immigrants who are first-time homebuyers often gravitate toward older areas that offer comparatively cheap housing and good transportation to major job markets.
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This is a good story, and so is the related one about smaller "micrometropolitan" areas taking advantage of these trends. I suggest following the link to the story and reading the whole thing. Thanks to Fred Pilot for sending me this link.
Catching a Wave Out of Pricey California
By Stephanie Simon and Lianne Hart, Times Staff Writers
AUSTIN, Texas — Soaring property values in California have made many homeowners there rich — and many real estate agents here delighted. In an exodus that some demographers say could reshape the American landscape, young professional families are increasingly fleeing the exorbitant coast for Austin, Dallas or San Antonio, for Atlanta, Denver or Phoenix, for Charlotte, N.C. They're selling their cramped "starter homes" in California, some worth $500,000 or more, and buying luxury homes, for cash, in the nation's interior.
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Folks like this have been leaving California for fifteen or twenty years, and there is much more than home price differentials driving them out (although that is obviously a major incentive). There are other negatives, such as crime, high taxes, an anti-business political climate, massive illegal immigration that is swamping local government with social service burdens, failed public schol systems, and nightmarish traffic problems. On top of it all, the state's political leadership has been a complete disgrace for a long time, proving itself incapable of solving any major problem except self-perpetuation, which is why Der Governator was swept into office. I lived in California for almost thirty years before my wife and I left in 1990, and it is sad to see what has happened to it since. But California's loss is some other state's gain, so all these young professional types will presumably make Arizona, Nevada, Utah, or some other state a better place to live.
By Stephanie Simon and Lianne Hart, Times Staff Writers
AUSTIN, Texas — Soaring property values in California have made many homeowners there rich — and many real estate agents here delighted. In an exodus that some demographers say could reshape the American landscape, young professional families are increasingly fleeing the exorbitant coast for Austin, Dallas or San Antonio, for Atlanta, Denver or Phoenix, for Charlotte, N.C. They're selling their cramped "starter homes" in California, some worth $500,000 or more, and buying luxury homes, for cash, in the nation's interior.
------------------
Folks like this have been leaving California for fifteen or twenty years, and there is much more than home price differentials driving them out (although that is obviously a major incentive). There are other negatives, such as crime, high taxes, an anti-business political climate, massive illegal immigration that is swamping local government with social service burdens, failed public schol systems, and nightmarish traffic problems. On top of it all, the state's political leadership has been a complete disgrace for a long time, proving itself incapable of solving any major problem except self-perpetuation, which is why Der Governator was swept into office. I lived in California for almost thirty years before my wife and I left in 1990, and it is sad to see what has happened to it since. But California's loss is some other state's gain, so all these young professional types will presumably make Arizona, Nevada, Utah, or some other state a better place to live.
Saturday, June 26, 2004
Bush signs bills to protect owners from boards: South Florida Sun-Sentinel
That would be Jeb, not George. This is a big year for HOA owner's rights activists in Florida as well as California, and (see below) now Texas.
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Beginning Oct. 1, homeowners and condo owners will have greater protection from abusive boards. In the first major reform in a decade, Gov. Jeb Bush on Wednesday signed two bills that would create the job of ombudsman to hear condo complaints and ban homeowner associations from foreclosing if owners don't pay fines. Homeowners will have the right to fly flags in front of their homes and associations won't be able to sue members for speaking out.Condo boards will not be able to change rules on rentals for existing owners. Homeowners and their associations will face mandatory mediation and other forms of alternative dispute resolution to prevent them from battling in expensive lawsuits.
That would be Jeb, not George. This is a big year for HOA owner's rights activists in Florida as well as California, and (see below) now Texas.
--------
Beginning Oct. 1, homeowners and condo owners will have greater protection from abusive boards. In the first major reform in a decade, Gov. Jeb Bush on Wednesday signed two bills that would create the job of ombudsman to hear condo complaints and ban homeowner associations from foreclosing if owners don't pay fines. Homeowners will have the right to fly flags in front of their homes and associations won't be able to sue members for speaking out.Condo boards will not be able to change rules on rentals for existing owners. Homeowners and their associations will face mandatory mediation and other forms of alternative dispute resolution to prevent them from battling in expensive lawsuits.
IN THE SUPREME COURT OF TEXAS
????????????
No. 02-0492
????????????
Geneva Brooks, et al, Petitioners,
v.
Northglen Association, Respondent
Here's a Texas Supreme Court victory for attorney David Kahne, who represented famous activist Geneva Brooks, who passed away about two years ago. The main issues were increases in assessments without approval of the members and board-imposed late fees (for non-payment of assessments) when the CC&Rs authorized only interest.
Excellent legal work by David, with whom I have had a number of interesting conversations over the last few years. Congratulations!
????????????
No. 02-0492
????????????
Geneva Brooks, et al, Petitioners,
v.
Northglen Association, Respondent
Here's a Texas Supreme Court victory for attorney David Kahne, who represented famous activist Geneva Brooks, who passed away about two years ago. The main issues were increases in assessments without approval of the members and board-imposed late fees (for non-payment of assessments) when the CC&Rs authorized only interest.
Excellent legal work by David, with whom I have had a number of interesting conversations over the last few years. Congratulations!
Thursday, June 24, 2004
New U.S. Home Sales Leap to Record High
WASHINGTON (Reuters) - Sales of new U.S. homes surged well past expectations in May to a record high, as generally rising mortgage interest rates did little to restrain home buying, a government report showed on Thursday.
Sales of new homes jumped 14.8 percent to a seasonally adjusted annual rate of 1.369 million units from an upwardly revised 1.192 million in April, the Commerce Department said. It was the biggest monthly climb since April 1993.
Analysts polled by Reuters were expecting sales to rise more modestly to 1.12 million units from the originally reported 1.093 million pace on the strength of mortgage applications.
Sales of new homes reached a record high 663,000 annual rate in the South, the region with the greatest volume of activity. They rose to a 121,000 rate in the Northeast, the highest level since January 1989.
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Those common interest housing units are just jumping off the shelves, no matter how many stories there are in the press about taking away people's pets and tearing down their flags. Go figure.
WASHINGTON (Reuters) - Sales of new U.S. homes surged well past expectations in May to a record high, as generally rising mortgage interest rates did little to restrain home buying, a government report showed on Thursday.
Sales of new homes jumped 14.8 percent to a seasonally adjusted annual rate of 1.369 million units from an upwardly revised 1.192 million in April, the Commerce Department said. It was the biggest monthly climb since April 1993.
Analysts polled by Reuters were expecting sales to rise more modestly to 1.12 million units from the originally reported 1.093 million pace on the strength of mortgage applications.
Sales of new homes reached a record high 663,000 annual rate in the South, the region with the greatest volume of activity. They rose to a 121,000 rate in the Northeast, the highest level since January 1989.
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Those common interest housing units are just jumping off the shelves, no matter how many stories there are in the press about taking away people's pets and tearing down their flags. Go figure.
Wednesday, June 23, 2004
KTLA.com | LA's WB | Television Los Angeles | Condo Ban on Pets Is Upheld
The homeowner victory in the legislature over foreclosure reform is tempered by the loss in the California Supreme Court last week. The Terifaj case, that I have posted about earlier, went against the homeowner. She even has to pay the association's attorney fees:
The California Supreme Court on Monday upheld a Palm Springs condominium ban on pets over the objection of a dog lover who bought in before the exclusion was put in writing.
The Villa De Las Palmas Homeowners Assn. had repeatedly warned Paula Terifaj that she was violating the rules, according to the opinion. The court upheld the association's power to exclude pets and ordered Terifaj to pay $15,000 to cover the association's legal fees.
Terifaj, a Brea veterinarian, argued on behalf of the 6.7 million California households with pets that owning them benefited human health and well-being.
In the unanimous opinion written by Justice Carlos Moreno, the court ruled that "all homeowners are subject to use restrictions contained in amended [association rules] irrespective of when the amendment was passed."
The homeowners association argued that there had been a long-standing, though unrecorded, rule banning pets since 1962, and that Terifaj was aware of it.
Terifaj bought a condo in 1995 and moved in with her dog, Lucy. After Lucy died in 1998, Terifaj brought another dog onto the property.
The association had repeatedly told Terifaj to remove each dog from the premises. In 2000, the association approved a recorded rule banning "animals of any kind, including, without limitation, dogs, cats, birds, livestock, reptiles or poultry."
State law that took effect in 2001 gives residents in "common interest developments" the right to keep a single pet. Those developments include condominiums, planned housing developments and cooperatives.
The court ruled Monday that the benefits of pet ownership were irrelevant. Instead, the issue was whether "subsequently enacted and recorded use restrictions may be enforced against a current homeowner."
In upholding the 4th District Court of Appeals in Riverside, the high court also concluded that Terifaj must pay the homeowners association $15,000 in attorney fees.
The homeowner victory in the legislature over foreclosure reform is tempered by the loss in the California Supreme Court last week. The Terifaj case, that I have posted about earlier, went against the homeowner. She even has to pay the association's attorney fees:
The California Supreme Court on Monday upheld a Palm Springs condominium ban on pets over the objection of a dog lover who bought in before the exclusion was put in writing.
The Villa De Las Palmas Homeowners Assn. had repeatedly warned Paula Terifaj that she was violating the rules, according to the opinion. The court upheld the association's power to exclude pets and ordered Terifaj to pay $15,000 to cover the association's legal fees.
Terifaj, a Brea veterinarian, argued on behalf of the 6.7 million California households with pets that owning them benefited human health and well-being.
In the unanimous opinion written by Justice Carlos Moreno, the court ruled that "all homeowners are subject to use restrictions contained in amended [association rules] irrespective of when the amendment was passed."
The homeowners association argued that there had been a long-standing, though unrecorded, rule banning pets since 1962, and that Terifaj was aware of it.
Terifaj bought a condo in 1995 and moved in with her dog, Lucy. After Lucy died in 1998, Terifaj brought another dog onto the property.
The association had repeatedly told Terifaj to remove each dog from the premises. In 2000, the association approved a recorded rule banning "animals of any kind, including, without limitation, dogs, cats, birds, livestock, reptiles or poultry."
State law that took effect in 2001 gives residents in "common interest developments" the right to keep a single pet. Those developments include condominiums, planned housing developments and cooperatives.
The court ruled Monday that the benefits of pet ownership were irrelevant. Instead, the issue was whether "subsequently enacted and recorded use restrictions may be enforced against a current homeowner."
In upholding the 4th District Court of Appeals in Riverside, the high court also concluded that Terifaj must pay the homeowners association $15,000 in attorney fees.
SB 1682 Assembly Bill - Status
The Ducheny bill that would eliminate foreclosure for assessment collection under $2500 has passed the Assembly Judiciary Committee 8-3. I haven't looked this up, but I'm told that it was a party line vote, with Democrats for and Republicans against. Now the bill has passed the Senate and is headed for the Assembly floor, I would assume.
The Ducheny bill that would eliminate foreclosure for assessment collection under $2500 has passed the Assembly Judiciary Committee 8-3. I haven't looked this up, but I'm told that it was a party line vote, with Democrats for and Republicans against. Now the bill has passed the Senate and is headed for the Assembly floor, I would assume.
Sunday, June 20, 2004
Las Vegas SUN: 1st Private, Manned Rocket Set for Launch
MOJAVE, Calif. (AP) -
Aviation enthusiasts began gathering Sunday in the high desert in hopes of seeing the first flight into space by a privately developed, manned rocket. Thousands of people were expected to be watching early Monday when an exotic jet-engined airplane named White Knight was set to take off from Mojave Airport carrying the rocket-propelled SpaceShipOne. If SpaceShipOne is successful, designer Burt Rutan and his Scaled Composites development company will use the craft to make a run at the $10 million Ansari X Prize, a formal competition intended to spur commercial development of spaceflight.
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The privatization of space travel proceeds apace. This reminds me of the film "Alien," where "The Company" is mining in outer space and, of course, has an evil ulterior (profit) motive to exploit the Alien's hardy predatory nature for "the Weapons Division." Call me if White Night comes back with a xenomorph.
MOJAVE, Calif. (AP) -
Aviation enthusiasts began gathering Sunday in the high desert in hopes of seeing the first flight into space by a privately developed, manned rocket. Thousands of people were expected to be watching early Monday when an exotic jet-engined airplane named White Knight was set to take off from Mojave Airport carrying the rocket-propelled SpaceShipOne. If SpaceShipOne is successful, designer Burt Rutan and his Scaled Composites development company will use the craft to make a run at the $10 million Ansari X Prize, a formal competition intended to spur commercial development of spaceflight.
------------
The privatization of space travel proceeds apace. This reminds me of the film "Alien," where "The Company" is mining in outer space and, of course, has an evil ulterior (profit) motive to exploit the Alien's hardy predatory nature for "the Weapons Division." Call me if White Night comes back with a xenomorph.
Saturday, June 19, 2004
The Outer Banks Sentinel: Archaeologists plan search for lost Roanoke Settlement
This goes on my cool list. I've wondered about the lost Roanoke colony since I first heard about it in the sixth grade.
The search for the settlement site of Sir Walter Raleigh's Roanoke colonies of the 1580's, including the mysterious "Lost Colony," will resume later this year if plans now being made by archaeologists and historians are realized.
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Perhaps you recall this as well. The colonists landed at Roanoke Island in 1587, founded the Cittie of Raleigh, and in 1590, when ships returned, they found the place deserted and the word "Croatoan" carved into a tree. Nobody has ever been able to figure out what happened to them. X-files material, but real.
Here's the story in more detail--From a cool site called "Packet."
This goes on my cool list. I've wondered about the lost Roanoke colony since I first heard about it in the sixth grade.
The search for the settlement site of Sir Walter Raleigh's Roanoke colonies of the 1580's, including the mysterious "Lost Colony," will resume later this year if plans now being made by archaeologists and historians are realized.
----------------
Perhaps you recall this as well. The colonists landed at Roanoke Island in 1587, founded the Cittie of Raleigh, and in 1590, when ships returned, they found the place deserted and the word "Croatoan" carved into a tree. Nobody has ever been able to figure out what happened to them. X-files material, but real.
Here's the story in more detail--From a cool site called "Packet."
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