Link to Twin Rivers syllabus
(rewritten for clarity--EM) Here is a snippet from the summary, taken from the Court's website, of how the Court analyzed the facts under the Schmid decision, having to do with state constitutional rights on private property. As Tom Skiba notes in his comment, there is a recognition of owners' expressive liberties, and a recognition of the regulatory power of the association, but a ruling that in this case the expressive rights were not violated. I agree on the existence of the liberties and the power to reasonably regulate, but I believe the Court reached the wrong conclusion in applying the test.
Under the first Schmid factor, the nature, purposes, and primary use of Twin Rivers’ property is for private purposes and does not favor a finding that the Association’s rules and regulations violates the Committee’s
constitutional rights. Under the second factor, the limited nature of the public’s invitation to use the property does not favor a finding that the Association’s rules and regulations violated the Committee’s constitutional rights. Under the third Schmid factor, the Court finds that the Committee’s expressional activities are not unreasonably restricted.
The relationship between the Association and the homeowners is a contractual one, formalized in reasonable covenants that appear in all deeds. The mutual benefit and reciprocal nature of the rules and regulations and their enforcement is essential to the fundamental nature of the communal living arrangement that the residents enjoy.
Thus, this factor does not weigh in favor of finding that the Association’s rules and regulations violated the Committee’s constitutional rights. (Pp. 26-30)
4. Neither singularly nor in combination is the Schmid/Coalition test satisfied in favor of concluding that a constitutional right was infringed in this case. In balancing the Committee’s expressional rights against the Association’s private property interest, the Association’s policies do not violate the free speech and right of assembly clauses of the New Jersey Constitution. (Pp. 31-32)
Thursday, July 26, 2007
Court: Free speech is not guaranteed
This is very unfortunate:
The state Supreme Court ruled today that residents of homeowners associations are not entitled to free-expression rights guaranteed by the Constitution. In the unanimous decision, the court overturned an appeals court ruling and reinstated a decision by a Mercer County trial judge that said the residents of Twin Rivers, a 10,000-unit housing development, did not have their rights violated when the homeowners association placed restrictions on where residents can post signs, and who can use the community room and newsletter.
This is very unfortunate:
The state Supreme Court ruled today that residents of homeowners associations are not entitled to free-expression rights guaranteed by the Constitution. In the unanimous decision, the court overturned an appeals court ruling and reinstated a decision by a Mercer County trial judge that said the residents of Twin Rivers, a 10,000-unit housing development, did not have their rights violated when the homeowners association placed restrictions on where residents can post signs, and who can use the community room and newsletter.
Wednesday, July 25, 2007
cbs2chicago.com - Video Library: The case of the poisoned tree...
Mystery Reader sends the link to the video of the poison tree mystery mentioned below. You pick it out of the list on the right. The plot thickens...
Mystery Reader sends the link to the video of the poison tree mystery mentioned below. You pick it out of the list on the right. The plot thickens...
Losses Climb for Homeowner Groups - washingtonpost.com
Another one of those isolated instances:
RICHMOND, July 19 -- At least $2 million was stolen from Northern Virginia condominium and homeowner associations, probably by a top executive of the Fairfax City company hired to manage their finances, a forensic accountant told state regulators at a hearing Thursday. The losses sustained by customers of Koger Management Group between 2004 and 2006, described in a report to the Virginia Real Estate Board, far exceed earlier estimates of $800,000. The total may grow as more homeowner associations conduct audits, said Jeffrey D. Barsky, the accountant appointed by the board to investigate the matter.
Another one of those isolated instances:
RICHMOND, July 19 -- At least $2 million was stolen from Northern Virginia condominium and homeowner associations, probably by a top executive of the Fairfax City company hired to manage their finances, a forensic accountant told state regulators at a hearing Thursday. The losses sustained by customers of Koger Management Group between 2004 and 2006, described in a report to the Virginia Real Estate Board, far exceed earlier estimates of $800,000. The total may grow as more homeowner associations conduct audits, said Jeffrey D. Barsky, the accountant appointed by the board to investigate the matter.
SignOnSanDiego.com > News > North County -- City will pay condo owners $12.5 million
The city of Carlsbad will pay $12.5 million to residents of the La Costa de Marbella condominium complex to settle lawsuits stemming from a landslide that destroyed eight condos in March 2005...Homeowners of the 58-unit condo complex, on the south side of La Costa Avenue east of El Camino Real, sued, saying city pipes that ran under the project's driveway gushed water into the ground, causing it to cave beneath the eight condos. The slide also lifted the sidewalk along La Costa Avenue.
The city of Carlsbad will pay $12.5 million to residents of the La Costa de Marbella condominium complex to settle lawsuits stemming from a landslide that destroyed eight condos in March 2005...Homeowners of the 58-unit condo complex, on the south side of La Costa Avenue east of El Camino Real, sued, saying city pipes that ran under the project's driveway gushed water into the ground, causing it to cave beneath the eight condos. The slide also lifted the sidewalk along La Costa Avenue.
Homeowners Associations: CAI-CLAC opposition to AB 952
Here is a link to AHRC's posting of the email the Community Associations Institute sent out explaining why they oppose California bill AB 952. Here is CAI's summary of the bill's effect:
AB 952 would allow a mere handful of owners to VETO any increase of a homeowner association assessment (excluding emergency assessments) where the majority of homeowners have determined that an assessment increase of more than 20% of the current assessment is necessary to maintain the value of their homes.
Here is a link to AHRC's posting of the email the Community Associations Institute sent out explaining why they oppose California bill AB 952. Here is CAI's summary of the bill's effect:
AB 952 would allow a mere handful of owners to VETO any increase of a homeowner association assessment (excluding emergency assessments) where the majority of homeowners have determined that an assessment increase of more than 20% of the current assessment is necessary to maintain the value of their homes.
cbs2chicago.com - Fight Over Aurora Pine Tree Spills Into Court
Mystery Reader sends this story about a real mystery...who poisoned the tree?
But the home owners association believes the tree, which was still standing when a CBS 2 crew first showed up, was purposely killed possibly by someone who drilled poison into its trunk. In a letter sent to residents last month, the home owners association decried what it described as a malicious act of vandalism aimed directly at the community
Mystery Reader sends this story about a real mystery...who poisoned the tree?
But the home owners association believes the tree, which was still standing when a CBS 2 crew first showed up, was purposely killed possibly by someone who drilled poison into its trunk. In a letter sent to residents last month, the home owners association decried what it described as a malicious act of vandalism aimed directly at the community
FOXNews.com - Report: Man with Almost No Brain Has Led Normal Life
I'm glad he managed to find a walk of life that suited him...
French doctors are amazed that a 44-year-old civil servant with an abnormally small brain has led a normal life with a slightly lower than normal IQ, according to a report on Physorg.com.
I'm glad he managed to find a walk of life that suited him...
French doctors are amazed that a 44-year-old civil servant with an abnormally small brain has led a normal life with a slightly lower than normal IQ, according to a report on Physorg.com.
Monday, July 23, 2007
Charlotte Observer | 07/19/2007 | Residents: Sign enforcers go too far
Another Fred Pilot link to a story of a city behaving like an HOA:
Charlotte zoning enforcers are responding to neighborhood association requests to crack down on illegal portable signs, but residents of least one neighborhood are worried the city has gone too far. In the 12 months ended June 30, city inspectors investigated and resolved 7,385 zoning violations, more than twice the previous year. Some were related to portable signs, said code enforcement manager Walter Abernethy, but he could not specify an exact number. Among the portable signs that have drawn inspectors' scrutiny are yard signs for home improvement services that homeowners agree to post once work has been contracted. Six families clustered around Belvedere Avenue in Plaza-Midwood recently received warnings for architects' and landscapers' yard signs. Some residents said the warnings, which carry no fines, had vague inspector comments and the codes they violated are subject to interpretation. Without knowing exactly what law they broke, they said, they cannot prevent future citations that come with fines.
Another Fred Pilot link to a story of a city behaving like an HOA:
Charlotte zoning enforcers are responding to neighborhood association requests to crack down on illegal portable signs, but residents of least one neighborhood are worried the city has gone too far. In the 12 months ended June 30, city inspectors investigated and resolved 7,385 zoning violations, more than twice the previous year. Some were related to portable signs, said code enforcement manager Walter Abernethy, but he could not specify an exact number. Among the portable signs that have drawn inspectors' scrutiny are yard signs for home improvement services that homeowners agree to post once work has been contracted. Six families clustered around Belvedere Avenue in Plaza-Midwood recently received warnings for architects' and landscapers' yard signs. Some residents said the warnings, which carry no fines, had vague inspector comments and the codes they violated are subject to interpretation. Without knowing exactly what law they broke, they said, they cannot prevent future citations that come with fines.
AB 952 Assembly Bill - Bill Analysis
CAI is vehemently opposed to this bill and has issued a call-to-arms for members to get busy. Here is the summary:
This bill provides that a regular or special assessment that is subject to a vote within a Common Interest Development must be approved both by a majority of all residents and a majority of owner-occupants of affordable units and requires an association to establish a payment plan for all regular and special assessment imposed on affordable units for those owner occupants who requestmone.
CAI is vehemently opposed to this bill and has issued a call-to-arms for members to get busy. Here is the summary:
This bill provides that a regular or special assessment that is subject to a vote within a Common Interest Development must be approved both by a majority of all residents and a majority of owner-occupants of affordable units and requires an association to establish a payment plan for all regular and special assessment imposed on affordable units for those owner occupants who requestmone.
Allotment holders have been told they could be liable if trespassers injure themselves on their land.A link from Mystery Reader concerning premises liability in Great Britain.
Dear Piece Of Trash: - July 19, 2007
This Smoking Gun link was sent my way by Mystery Reader. This is some choice venom from a public official to one of his constituents.
This Smoking Gun link was sent my way by Mystery Reader. This is some choice venom from a public official to one of his constituents.
cbs4.com - Bird Lakes Residents Continue Fight Against HOA
Fred Pilot sent this link to a story of resistance to being conscripted into an HOA.
Fred Pilot sent this link to a story of resistance to being conscripted into an HOA.
Friday, July 20, 2007
Idiocy
Monica Caruso sends this link to a light-hearted poster that epitomizes the problem with people in groups, including an undetermined percentage of HOAs. This underscores my puzzlement at the popularity HOAs have among some libertarians. Normally, they view the individual as the source of all wisdom and the group as the source of...well, look at the poster.
Monica Caruso sends this link to a light-hearted poster that epitomizes the problem with people in groups, including an undetermined percentage of HOAs. This underscores my puzzlement at the popularity HOAs have among some libertarians. Normally, they view the individual as the source of all wisdom and the group as the source of...well, look at the poster.
Miami Condo Glut Pushes Florida's Economy to Brink of Recession
In the middle of the biggest glut of condominiums in more than 30 years, Miami developers keep on building. The oversupply will force prices down as much as 30 percent, the worst decline since the 1970s, and help push Florida's economy into recession as early as October, said Mark Zandi, chief economist at West Chester, Pennsylvania-based Moody's Economy.com, who owns a home in Vero Beach, Florida. ``Florida is the epicenter for all the problems that exist in the housing industry,'' said Lewis Goodkin, president of Goodkin Consulting Corp. and a property adviser in Miami for the past 30 years, who also foresees a recession. ``The problems we have now are unprecedented and a lot of people will get burnt.''
In the middle of the biggest glut of condominiums in more than 30 years, Miami developers keep on building. The oversupply will force prices down as much as 30 percent, the worst decline since the 1970s, and help push Florida's economy into recession as early as October, said Mark Zandi, chief economist at West Chester, Pennsylvania-based Moody's Economy.com, who owns a home in Vero Beach, Florida. ``Florida is the epicenter for all the problems that exist in the housing industry,'' said Lewis Goodkin, president of Goodkin Consulting Corp. and a property adviser in Miami for the past 30 years, who also foresees a recession. ``The problems we have now are unprecedented and a lot of people will get burnt.''
Monday, July 16, 2007
APP.COM - Condo fee at closing legalized under bill | Asbury Park Press Online
Did you hear a loud "KA-CHING"?
FREEHOLD — What started out as litigation here is now legislation in Trenton that will limit but also legalize a standard practice of charging an upfront fee to condominium buyers.
The bill, which has passed both chambers of the Legislature and is now on the governor's desk, will allow condominium associations, only through their master deed or bylaws, to charge a one-time, nonrefundable "capital contribution fee" upon closing.
For condo associations, charging this fee is nothing new. However, the bill, if signed, will allow associations to charge up to nine times the amount of a unit's monthly maintenance fee, in addition to legally protecting the practice. The amount was amended in the Senate from 18 times the monthly maintenance fee.
Did you hear a loud "KA-CHING"?
FREEHOLD — What started out as litigation here is now legislation in Trenton that will limit but also legalize a standard practice of charging an upfront fee to condominium buyers.
The bill, which has passed both chambers of the Legislature and is now on the governor's desk, will allow condominium associations, only through their master deed or bylaws, to charge a one-time, nonrefundable "capital contribution fee" upon closing.
For condo associations, charging this fee is nothing new. However, the bill, if signed, will allow associations to charge up to nine times the amount of a unit's monthly maintenance fee, in addition to legally protecting the practice. The amount was amended in the Senate from 18 times the monthly maintenance fee.
Plague rats being used to supply restaurants | NEWS.com.au
OK, so they ate the snakes and the owls that were eating the rats, so now they need to eat the rats? Do you remember the song about the old lady who swallowed a spider?
Live rats are being trucked from central China, suffering a plague of a reported two billion rodents displaced by a flooded lake, to the south of the of country to end up in restaurant dishes, Chinese media has reported...Local governments in Hunan have been grappling with the rats, which had already destroyed 1.6 million hectares of crops and could spread disease, according to media reports. A lack of snakes, also a popular dish in the south, and owls, a traditional Chinese medicine, was held partly responsible.
OK, so they ate the snakes and the owls that were eating the rats, so now they need to eat the rats? Do you remember the song about the old lady who swallowed a spider?
Live rats are being trucked from central China, suffering a plague of a reported two billion rodents displaced by a flooded lake, to the south of the of country to end up in restaurant dishes, Chinese media has reported...Local governments in Hunan have been grappling with the rats, which had already destroyed 1.6 million hectares of crops and could spread disease, according to media reports. A lack of snakes, also a popular dish in the south, and owls, a traditional Chinese medicine, was held partly responsible.
All-white schools told to mix with other races or be labelled 'failing' | the Daily Mail
Interesting contrast between the recent USSC decisions that made it harder for schools to take race into account in assigning students to schools, and this British policy.
Interesting contrast between the recent USSC decisions that made it harder for schools to take race into account in assigning students to schools, and this British policy.
The Buffalo News: Northern Suburbs: Pig roast in garage sparks $150,000 fire
Here is a headline you don't read every day. Even the most creative attorney would never have thought to write a covenant banning pig roasts in the garage.
Here is a headline you don't read every day. Even the most creative attorney would never have thought to write a covenant banning pig roasts in the garage.
Sunday, July 15, 2007
Fighting for their home- NOLA.com
We have tax auctions here in Illinois, but there are protections against this sort of thing. I guess Louisiana could use a cleanup on aisle common sense.
The Atwoods' nightmare began when they learned in 2000 that their four-bedroom, two-bath home had been sold in 1997 through a tax sale for the $1.63 in unpaid taxes, plus 10 cents interest and $125 in costs associated with the sale.
We have tax auctions here in Illinois, but there are protections against this sort of thing. I guess Louisiana could use a cleanup on aisle common sense.
The Atwoods' nightmare began when they learned in 2000 that their four-bedroom, two-bath home had been sold in 1997 through a tax sale for the $1.63 in unpaid taxes, plus 10 cents interest and $125 in costs associated with the sale.
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