Thursday, January 11, 2007

The Sun Online - News: 'Odour nuisance' probe stinks!
Shu Bartholomew agrees, asking where this sort of thing will end. Will people be jailed for not using deodorant while watching football games in their living room? OK, this is Great Britain, but is it coming soon to a city near you, as munis compete with HOAs to have rinky dink little quality-of-life ordinances they can brag about? Council chiefs have told the couple they face a health investigation after a neighbour claimed fumes from their ciggies were invading her living room.

Wednesday, January 10, 2007

CALL Lobbies Tallahassee to Let Community Associations Form 'Self-Insurance Funds' to Spread Risk, Stem Rate Hikes: Financial News - Yahoo! Finance
Thanks to Fred Pilot for the link. "CALL" is the Community Association Leadership Lobby. If my memory is correct, it was set up by the industry, mainly the law firm of Becker and Poliakoff, to counter the lobbying influence of grass-roots homeowner organizations like Cyber Citizens for Justice.
U.S. home prices unaffordable for many workers: study - Yahoo! News
Fred Pilot sent this article about a new study from the Center for Housing Policy. That organization is focused largely on promoting "affordable housing."

Saturday, January 06, 2007

Inventor of instant noodles dies at 96
A moment of silence, please. And don't tell my daughter. She loves Ramen Noodles.
Mesa senior community residents angered by club fees
Pat Haruff sent this item. I know developers need to get creative with names, but "Dreamland Villa"? Please. How about "Hallucination Acres"? "Coma Corners"?

Since 2003, neighbor-against neighbor confrontations and lawsuits have become the norm in the sprawling Dreamland Villa, which draws retirees to the unincorporated area. Last month, 39 court summonses filed by Dreamland attorney Charles Maxwell were delivered to residents for not paying annual dues — which could lead to liens on homes in default, and even foreclosure. Joe Kuka, 78, who lives on Evergreen Street, recently received court documents stating he owed $769.30 in dues, legal fees, monthly penalties and interest for a club he said he doesn’t want. “I pity the poor (person) who would come up and put a for-sale sign in front of my house,” Kuka said. “I worked hard for this house.” The summonses were the latest in an ongoing legal feud that centers on changes three years ago to the 45-year-old neighborhood’s rules and restrictions. Those rules now require around 1,400 homeowners to pay annual dues and will eventually include nearly all of the 3,000 homes in Dreamland Villa, which would generate hundreds of thousands of dollars per year for the Dreamland Villa Community Club.
AP Wire | 01/05/2007 | City bans tossing candy during parades
See? More evidence that cities are acting like HOAs.
Bradenton Herald | 01/05/2007 | Heritage Harbour forbids signage
Shu Bartholomew sent this report of anti-sign activity. Wouldn't it be nice if the Twin Rivers case was the beginning of the end for this sort of thing?

EAST MANATEE - When a job opportunity led Heritage Harbour homeowner Richard Brody to move across the country, he knew selling his house would be rough. "By the time I listed my home, the market had already gone sour," Brody said. Now, a new regulation is further challenging how long it will take for Brody to sell his home. The Heritage Harbour Master Association sent a letter to Brody last month telling him the small For Sale sign he had in his yard is no longer allowed.
Medford Central Record - Judge orders the proceeds of home sale held in escrow
Thanks to Shu Bartholomew for sending this report of suburban trench warfare:

MOUNT HOLLY-A Superior Court Judge has ordered that some proceeds of a house sale of the former president of a Kings Grant neighborhood homeowner's association be put in an escrow account that will be subject to court control.
A class action lawsuit is pending between residents of the Oak Hollow section of Kings Grant and the former president of the Oak Hollow Condominium Association, Inc., which alleges that the board unlawfully used money collected from homeowners.

Friday, January 05, 2007

SignOnSanDiego.com > News > Mexico > Tijuana & The Border -- Tijuana police force ordered to turns in guns
I think this qualifies for the "Municipal Government Failure of the Year Award," even though it is still only January 5. Nominations will be accepted until December 31, though.
NPR : Storm-Door Case Tests Property Rights for Millions
NPR's Day to Day did a piece on the Twin Rivers case because the arguments before the New Jersey Supreme Court were held yesterday. Here's the link to the audio. There is a bit from me in there. I like the part where the CAI/Twin Rivers HOA attorney says that we have city, county, state and federal government, and "that's enough." True. So very, very, true. But he says this in support of his argument that the law should not treat HOAs like government. This is a "let's pretend" argument. Let's pretend they aren't behaving like governments, so then we don't have to act as if they were doing what they are really doing. In truth, his point supports the ACLU's position. Since we already have enough government, maybe HOA regulation is more than we need. So of course it needs to be regarded with some judicial skepticism and oversight, doesn't it?

Thursday, January 04, 2007

"The Association"...the movie!
Hollywood producer Andrew Wahlquist has a feature film in development about life in a homeowner association. You can follow the link above to his website for the film, which includes a trailer and a teaser. Don't miss it! I read the script and offered a few suggestions a while back. This is a funny and insightful film. The plot involves Dave Miller, an independently minded person who moves to a gated community with his wife and children. He soon begins to have problems with an over-controlling HOA. He falls in with the local rebel group, and the conflict unfolds. I won't give away the plot twists, because it is a good story. Enjoy!

Tuesday, January 02, 2007

High court to hear dispute over homeowners association rules - Newsday.com
More press coverage of the upcoming Twin Rivers argument before the New Jersey Supreme Court on January 4. If the court rules that the New Jersey state constitution limits the activities of HOA boards, it will be one of the biggest events in common interest housing...ever.
Neighborhoodtimes: County admits fault in auction of condo
Oops. Make that double oops.

Pinellas county officials have conceded they were acting unlawfully when they neglected to contact more than 900 time-share owners of a Pass-a-Grille condominium before they auctioned it off in a tax deed sale in November, according to court documents...The county sent several notices to the condo board but did not receive a response.



Thursday, December 28, 2006

Florida's overbuilt condo market starts to fizzle
Like I said, I am holding off on pronouncing the housing bust over.

Developers have pulled the plug on some of Miami's most anticipated condominium developments, a sign the city's sizzling, speculator-driven condo market -- where prices of many apartments doubled or tripled in a few brief years -- has finally chilled.

Wednesday, December 27, 2006

BREITBART.COM - Sales of New Homes Post Gain in November
That's a bit of good news, but after all the evidence of a slump in the housing market I'm holding off on believing that things have turned around.

Tuesday, December 26, 2006

New Jersey Real Estate Report » Free speech or HOA rules?
Here's a weblog post on the Twin Rivers case, which is scheduled to be argued before the New Jersey Supreme Court on January 4, 2007. Thanks' to Fred Pilot for the link.

And for those who want to keep track of the case, here's the info on the case from the court website:

A-118/122-05 Comm. For a Better Twin Rivers v. Twin Rivers Homeowners’ Assoc. et al. (59,230)
Do the State Constitution’s Speech and Assembly clauses apply to limit the authority of a homeowners’ association, and if so, under what circumstances?
Certification granted 4/28/06
Argued: Scheduled for 1/4/07
Decided:

Monday, December 25, 2006

'Mistake' costs family its home at The Springs - Orlando Sentinel :
Here is a heartwarming story of judicial compassion, link forwarded by Fred Pilot via the HOAs Yahoo group:

SANFORD -- Because of someone else's mistake, Sharon Rousey lost her Longwood home at a courthouse auction two weeks ago over $1,200 in unpaid homeowners association dues. On Wednesday, she tried to persuade a judge to give it back. He refused. That means Rousey, 48, a single mom who is raising two disabled teenagers on a fixed income, must now pack up her belongings and get out...Rousey bought the 2,400-square-foot town house in The Springs, a gated community near Wekiwa Springs State Park, in May 2005. The home, though, came with a surprise: She would belong to two homeowners associations and, thus, had to pay two sets of dues, one for The Springs and another for Glenwood Village, the town-house neighborhood. She fell behind on both, according to court records...In November, Rousey thought she had solved her problems: Goodbye Foreclosure Inc., a Winter Park company that buys distressed properties, agreed to buy her house before the auction. It would pay off her homeowners association dues as well as her mortgage and leave her with about $115,000 in cash. But company Vice President Aaron Herschberg sent a check to an association -- the wrong one, it turned out -- and assumed the auction would be called off. It wasn't. On Dec. 5, an Apopka company that buys foreclosed property agreed to pay $113,500. Mark Lippman, Rousey's attorney, estimated the market value of her town house at $275,000 to $300,000.

Birth of Jesus Christ
Just a reminder about the religious significance of Christmas. Merry Christmas, and enjoy the presents, family and friends, football games, egg nog, and whatever else makes the day special. I hope we can also spend a few moments pondering the significance of the birth of Jesus Christ over two thousand years ago.
What is it about Obama? - Los Angeles Times
Fred Pilot found this nugget.

Early this month, at the invitation of Rick Warren, Obama spoke to a hall full of conservative Christian evangelical activists gathered at Saddleback Church in Orange County. Warren, author of the bestseller "The Purpose Driven Life," is among the most successful and popular preachers in the world. Saddleback is his city on a hill, a sprawling campus set above the smooth, clean boulevards of the most suburban of places. His is the kind of congregation where Warren's joke about the authoritarian rule of suburban homeowners associations brings a knowing laugh.

Friday, December 22, 2006

Merry Bizaromas - Frederick Meekins
Nancy Levy sent this link to an essay that compares Christmas in an HOA to Bizarro world from the Superman comics, where everything is dysfunctional. That's an analogy I hadn't thought of before, but now that he mentions it...