Nov. 23, 2006- City panel OKs preferred plant list...
...in order to become more like an HOA?
Thanks to Fred Pilot for this link. By "plant," they mean the vegetation sort, not the nuclear kind. Actually, some of this is common sense as they are trying to keep out invasive species. Kudzu, anybody?
Saturday, November 25, 2006
Beth Grimm doesn't like the AARP Homeowner Bill of Rights
Thanks to Fred Pilot for the link to this piece by California attorney Beth Grimm.
Thanks to Fred Pilot for the link to this piece by California attorney Beth Grimm.
HOAs Gone Wild - Part 1 | HOA Nut House
Check out this local news broadcast from Texas, linked from HOA News Network and sent to me by a bunch of people (thanks to Shu, Fred, and Beanie). When the local newscast is onto your game, you aren't fooling a whole lot of people.
Check out this local news broadcast from Texas, linked from HOA News Network and sent to me by a bunch of people (thanks to Shu, Fred, and Beanie). When the local newscast is onto your game, you aren't fooling a whole lot of people.
Tuesday, November 21, 2006
Monday, November 20, 2006
Home Sales Fall in 38 States, Data Shows The feeble U.S. housing market showed more frailty in October when home sales plummeted in 38 states, hitting Nevada, Arizona, Florida and California particularly hard, government data showed on Monday.
-------------
And by a strange coincidence, these are four states where the new housing stock is almost entirely common interest housing.
-------------
And by a strange coincidence, these are four states where the new housing stock is almost entirely common interest housing.
Appearance on "On the Commons"
It was fun talking with Shu Bartholomew Saturday afternoon on her radio program, , "On the Commons." That follows on the heels of speaking at the inaugural conference of Marjorie Murray's new organization,Center for California Homeowner Association Law, which I think is performing a great service to the CID owners in California. But all this generated the predictable round of outrage from the HOA abolitionists. Anybody who proposes any realistic reform to make life a little better in HOAs gets attacked by the same cadre of abolitionists, who claim to hate everything about HOA living but apparently choose to live in them anyway. I suggest that measures should be taken to make sure that HOAs remain solvent, and the usual folks vent their spleen. They want to de-fund all the HOAs so they collapse. But as I was explaining, that just leads to court-appointed receivers, court-ordered special assessments, and owners who have to pay up anyway. The question these "let them go belly-up" folks should be made to answer is this: "Which causes more unhappiness in a homeowners life: (a) being told to paint their door a different color; or (b) being ordered to pay $20,000 within 30 days, because their HOA has debts but no money?" If you really care about the millions of people who live in HOAs (versus just having an issue to self-righteously pontificate about), you want those owners to be protected against massive financial liability. That would mean supporting measures that keep these associations from becoming insolvent. Unlike the savings and loan crisis, where the billions of dollars in depositor losses were protected by federal depository insurance, CID owners are on their own.
It was fun talking with Shu Bartholomew Saturday afternoon on her radio program, , "On the Commons." That follows on the heels of speaking at the inaugural conference of Marjorie Murray's new organization,Center for California Homeowner Association Law, which I think is performing a great service to the CID owners in California. But all this generated the predictable round of outrage from the HOA abolitionists. Anybody who proposes any realistic reform to make life a little better in HOAs gets attacked by the same cadre of abolitionists, who claim to hate everything about HOA living but apparently choose to live in them anyway. I suggest that measures should be taken to make sure that HOAs remain solvent, and the usual folks vent their spleen. They want to de-fund all the HOAs so they collapse. But as I was explaining, that just leads to court-appointed receivers, court-ordered special assessments, and owners who have to pay up anyway. The question these "let them go belly-up" folks should be made to answer is this: "Which causes more unhappiness in a homeowners life: (a) being told to paint their door a different color; or (b) being ordered to pay $20,000 within 30 days, because their HOA has debts but no money?" If you really care about the millions of people who live in HOAs (versus just having an issue to self-righteously pontificate about), you want those owners to be protected against massive financial liability. That would mean supporting measures that keep these associations from becoming insolvent. Unlike the savings and loan crisis, where the billions of dollars in depositor losses were protected by federal depository insurance, CID owners are on their own.
Sunday, November 19, 2006
'Lockdown' rules keep immigrants' kids from playing outside - Los Angeles Times
In case you think HOAs are repressive, how about these apartment owners?
The weary mother of three, wearing hand-me-down sweatpants and a faded T-shirt, nearly dropped the basket of clothes when she saw the notice on the aging apartment complex laundry door in Santa Ana. The thick capital letters seemed to speak directly to her: "ALL CHILDREN WILL NO LONGER BE ALLOWED TO PLAY OUTSIDE … " Maria Gomez, 33, scurried back to her two-bedroom apartment and her three children, ages 7, 9 and 13, with the news. Her mind flashed back to when her last landlord evicted the family for breaking similar rules. Gomez, like thousands of others across Southern California, lives in an apartment complex that caters to large immigrant families and bans children from playing on apartment grounds. Landlords impose fines and even evict tenants whose children play outside. Even though such punishments often violate housing laws, tenants say they feel powerless to complain for fear of losing their apartment or — in some cases — having their illegal immigration status exposed.
In case you think HOAs are repressive, how about these apartment owners?
The weary mother of three, wearing hand-me-down sweatpants and a faded T-shirt, nearly dropped the basket of clothes when she saw the notice on the aging apartment complex laundry door in Santa Ana. The thick capital letters seemed to speak directly to her: "ALL CHILDREN WILL NO LONGER BE ALLOWED TO PLAY OUTSIDE … " Maria Gomez, 33, scurried back to her two-bedroom apartment and her three children, ages 7, 9 and 13, with the news. Her mind flashed back to when her last landlord evicted the family for breaking similar rules. Gomez, like thousands of others across Southern California, lives in an apartment complex that caters to large immigrant families and bans children from playing on apartment grounds. Landlords impose fines and even evict tenants whose children play outside. Even though such punishments often violate housing laws, tenants say they feel powerless to complain for fear of losing their apartment or — in some cases — having their illegal immigration status exposed.
Thursday, November 16, 2006
US town bars foreign flags in swipe at immigrants | US News | Reuters.com
The town is Pahrump, Nevada, home of Art Bell, the radio talk show host who emobied the conspiracy theory/paranormal fad of the 1990s. I wonder what Art thinks of this.
The town is Pahrump, Nevada, home of Art Bell, the radio talk show host who emobied the conspiracy theory/paranormal fad of the 1990s. I wonder what Art thinks of this.
Radburn residents sue homeowners association
Got a link to this from Fred Pilot but it wouldn't work, so I found my own. Hope this one is good. Seems the model for American planned communities, Radburn, is undergoing some political strife. The Progressive Era political scientists who set it up are probably turning over in their graves, because they gave it what they believed was the ultimate form of quasi-municipal government. Here's a bit of the story:
FAIR LAWN -- A group of residents in the Radburn section of the borough are suing their homeowners association, seeking to change the way elections in the neighborhood are handled.
The lawsuit, filed this week in state Superior Court in Hackensack, stems from an ongoing dispute among Radburn residents over appointments to the nine-member board of trustees that governs the historic neighborhood of 650 homes.
Got a link to this from Fred Pilot but it wouldn't work, so I found my own. Hope this one is good. Seems the model for American planned communities, Radburn, is undergoing some political strife. The Progressive Era political scientists who set it up are probably turning over in their graves, because they gave it what they believed was the ultimate form of quasi-municipal government. Here's a bit of the story:
FAIR LAWN -- A group of residents in the Radburn section of the borough are suing their homeowners association, seeking to change the way elections in the neighborhood are handled.
The lawsuit, filed this week in state Superior Court in Hackensack, stems from an ongoing dispute among Radburn residents over appointments to the nine-member board of trustees that governs the historic neighborhood of 650 homes.
San Mateo Daily JournalBelmont is set to make history by becoming the first city in the nation to ban smoking on its streets and almost everywhere else.
The Belmont City Council voted unanimously last night to pursue a strict law that will prohibit smoking anywhere in the city except for single-family detached residences. Smoking on the street, in a park and even in one’s car will become illegal and police would have the option of handing out tickets if they catch someone.
---------------
So I guess the plan is for cities to ban smoking in public and apartment buildings, and then the condo associations ban smoking in condos, and the HOAs ban smoking in all the planned developments, and all the nicotine addicts will be competing for the remaining housing stock built before the 1970s. Is that about the size of it? Maybe the path to riches in real estate is buying up old single family homes and selling them to smokers.
The Belmont City Council voted unanimously last night to pursue a strict law that will prohibit smoking anywhere in the city except for single-family detached residences. Smoking on the street, in a park and even in one’s car will become illegal and police would have the option of handing out tickets if they catch someone.
---------------
So I guess the plan is for cities to ban smoking in public and apartment buildings, and then the condo associations ban smoking in condos, and the HOAs ban smoking in all the planned developments, and all the nicotine addicts will be competing for the remaining housing stock built before the 1970s. Is that about the size of it? Maybe the path to riches in real estate is buying up old single family homes and selling them to smokers.
cbs4denver.com - HOA Bans Couple From Smoking In Their Home
Fred Pilot sent this link. This parallels the smoking bans that are popping up in cities.
Fred Pilot sent this link. This parallels the smoking bans that are popping up in cities.
Thursday, November 09, 2006
Click2Houston.com - Local 2 Investigates - Homeowner's Association Uses Chopper To Find Violations
Here's a bit from the story:
How far can a homeowner's association go in Texas? One expert says she's never seen tactics like this. When I met this family two years ago, they said they moved out here to Magnolia because the billboards said they could enjoy their horses. Now they could lose it all and they blame a vendetta and an HOA willing to spy on them from above.
Here's a bit from the story:
How far can a homeowner's association go in Texas? One expert says she's never seen tactics like this. When I met this family two years ago, they said they moved out here to Magnolia because the billboards said they could enjoy their horses. Now they could lose it all and they blame a vendetta and an HOA willing to spy on them from above.
Friday, July 14, 2006
Did you know there was an International Maintenance Code?
Shu Bartholomew alerted me to this. This is scary. Can you envision UN inspectors measuring your front lawn? I see Hans Blix searching my garage for shotgun shells (but not finding them because they were on top of the refrigerator).
Shu Bartholomew alerted me to this. This is scary. Can you envision UN inspectors measuring your front lawn? I see Hans Blix searching my garage for shotgun shells (but not finding them because they were on top of the refrigerator).
Wednesday, May 03, 2006
Where have I been?
I haven't abandoned this blog, and I thank all the correspondents who have been sending me items all these weeks. I have just been unable to get it done. A lot of things have been going on that have occupied my time. I'll be back on the air and catching up with things this weekend, if not sooner.
I haven't abandoned this blog, and I thank all the correspondents who have been sending me items all these weeks. I have just been unable to get it done. A lot of things have been going on that have occupied my time. I'll be back on the air and catching up with things this weekend, if not sooner.
Thursday, March 30, 2006
TCPalm: Local News: Mexican flag flies over Chasewood North in Jupiter . . . at least for now
Here's an irony. To think that after all these bans on the American flag in HOAs and condo associations, and all the state laws that had to be passed to allow it now we have a Mexican flag flying...but who did it?
The Stars and Stripes have been replaced by the Mexican flag at Chasewood North, and residents of the condominium community off Central Boulevard are puzzled as to who made the switch.
Here's an irony. To think that after all these bans on the American flag in HOAs and condo associations, and all the state laws that had to be passed to allow it now we have a Mexican flag flying...but who did it?
The Stars and Stripes have been replaced by the Mexican flag at Chasewood North, and residents of the condominium community off Central Boulevard are puzzled as to who made the switch.
Wednesday, March 15, 2006
Oak Park Calabasas HOA loses big in appellate court
Fred Pilot sent this link to a published opinion from the Second District Court of Appeals (California).
Here's a summary of the Oak Park Calabasas HOA saga as I understand it:
The condo complex was damaged in the Ventura earthquake of 1994. The HOA made a (first party) claim under their State Farm property insurance policy. State Farm paid out $4.9 million that the HOA was supposed to pay to the repair contractor, ECC. But the HOA kept a "substantial portion" of the money. ECC sued the HOA for non-payment. That case went to jury trial and ECC won a judgment of about $7.5 million that the judge reduced to $7.1 million. The HOA then made another claim (a third party claim) against State Farm to pay that judgment. State Farm refused, saying the claim was not covered because the policy insured the HOA against liability to third parties caused by the HOA's negligence, but not against intentional or contractual liability. So the HOA sued State Farm. State Farm won (the HOA is now 0-2). The HOA appealed, and in the opinion linked above, State Farm won again. The HOA has to pay the judgment--there is no insurance coverage for any of it. After explaining why the loss isn't covered, the court went on to say:
Under the Stipulated and Additional Proffered Facts, it is revealed that State Farm paid Oak Park more than $4.9 million for losses under the earthquake coverage. Oak Park agreed to pay EEC with the money it received from State Farm, but following receipt of funds, Oak Park failed and refused to pay over a substantial portion of it, thereby keeping the money for itself. It appears to this court that Oak Park in essence wanted to enrich itself by forcing State Farm to pay twice for the same property loss. This court refuses to countenance such a result.
Fred Pilot sent this link to a published opinion from the Second District Court of Appeals (California).
Here's a summary of the Oak Park Calabasas HOA saga as I understand it:
The condo complex was damaged in the Ventura earthquake of 1994. The HOA made a (first party) claim under their State Farm property insurance policy. State Farm paid out $4.9 million that the HOA was supposed to pay to the repair contractor, ECC. But the HOA kept a "substantial portion" of the money. ECC sued the HOA for non-payment. That case went to jury trial and ECC won a judgment of about $7.5 million that the judge reduced to $7.1 million. The HOA then made another claim (a third party claim) against State Farm to pay that judgment. State Farm refused, saying the claim was not covered because the policy insured the HOA against liability to third parties caused by the HOA's negligence, but not against intentional or contractual liability. So the HOA sued State Farm. State Farm won (the HOA is now 0-2). The HOA appealed, and in the opinion linked above, State Farm won again. The HOA has to pay the judgment--there is no insurance coverage for any of it. After explaining why the loss isn't covered, the court went on to say:
Under the Stipulated and Additional Proffered Facts, it is revealed that State Farm paid Oak Park more than $4.9 million for losses under the earthquake coverage. Oak Park agreed to pay EEC with the money it received from State Farm, but following receipt of funds, Oak Park failed and refused to pay over a substantial portion of it, thereby keeping the money for itself. It appears to this court that Oak Park in essence wanted to enrich itself by forcing State Farm to pay twice for the same property loss. This court refuses to countenance such a result.
Friday, March 10, 2006
High Property Taxes Driving New Revolt - CBS News
Fred Pilot sent this story, which actually originated in the Christian Science Monitor. So now we have a second wave of the property tax rebellion to go with the anti-Kelo/eminent domain backlash. Sounds like middle-class homeowners increasingly feel that they are being milked like dairy cows by municipalities and school districts. (Not to put too fine a point on it or anything.) But local governments are having a hard time balancing the books, so they are using HOAs and other mechanisms to generate or save money, and of course tax and fee for service increases are part of the picture. The tug of war continues...
Welcome to the flip side of the real estate boom. Years of rising home values have boosted property taxes steadily. Now, homeowners across the United States are fighting back. "Real estate growth and real estate boom seem to be happening all over the country and [property-tax revolt] is an inevitable consequence," says Roger Sherman, a property tax expert in Boise, Idaho. This year, legislative proposals, citizen initiatives, and lawsuits are on the agenda in at least 20 states. These new efforts reflect both residents' distrust of how their property tax dollars are being spent and concerns that rising assessments are driving working-class people out of popular towns and cities.
Fred Pilot sent this story, which actually originated in the Christian Science Monitor. So now we have a second wave of the property tax rebellion to go with the anti-Kelo/eminent domain backlash. Sounds like middle-class homeowners increasingly feel that they are being milked like dairy cows by municipalities and school districts. (Not to put too fine a point on it or anything.) But local governments are having a hard time balancing the books, so they are using HOAs and other mechanisms to generate or save money, and of course tax and fee for service increases are part of the picture. The tug of war continues...
Welcome to the flip side of the real estate boom. Years of rising home values have boosted property taxes steadily. Now, homeowners across the United States are fighting back. "Real estate growth and real estate boom seem to be happening all over the country and [property-tax revolt] is an inevitable consequence," says Roger Sherman, a property tax expert in Boise, Idaho. This year, legislative proposals, citizen initiatives, and lawsuits are on the agenda in at least 20 states. These new efforts reflect both residents' distrust of how their property tax dollars are being spent and concerns that rising assessments are driving working-class people out of popular towns and cities.
Thursday, March 09, 2006
It's A War Of Words: From The Tampa Tribune
Another HOA trolling successfully for bad press? And note that the press is now referring to HOA board members as "officials."
TAMPA - Before David Kelley went to Iraq, he bought his wife a "Support Our Troops" sign to display outside the couple's home in the Westchase subdivision...But officials of Westchase, in northwest Hillsborough County, view the sign differently. They say the 2-foot-high sign violates community rules. Stacey Kelley, 24, received a letter from the homeowners association last month stating she could be fined $100 a day if she does not remove the sign.
Another HOA trolling successfully for bad press? And note that the press is now referring to HOA board members as "officials."
TAMPA - Before David Kelley went to Iraq, he bought his wife a "Support Our Troops" sign to display outside the couple's home in the Westchase subdivision...But officials of Westchase, in northwest Hillsborough County, view the sign differently. They say the 2-foot-high sign violates community rules. Stacey Kelley, 24, received a letter from the homeowners association last month stating she could be fined $100 a day if she does not remove the sign.
Subscribe to:
Posts (Atom)