Florida Land Use Law: 1stDCA Totally Screws Up the Analysis in a Bert Harris Case – [but Probably Reaches the Right Result]: "The case involves the City of Jacksonville abandoning a public street to a private homeowner’s association- a process that is not the same as vacating the street. When the street was abandoned, the private HOA refused to allow and adjoining landowner access to it. The result of the HOA’s refusal to permit access was that the landowner was unable to proceed with an 8 lot subdivision of the adjoining land."
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Blog post on an interesting situation.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Tuesday, July 07, 2009
The Hook News Blog » Blog Archive » Comer canned: Homeowners oust missing treasurer
The Hook News Blog » Blog Archive » Comer canned: Homeowners oust missing treasurer: "“The behind-the-scenes view of this is that he staged this thing and ran off,” says Tommy Stafford of Nelson County Life, the first local publication to notice the identity of the missing man. “They can’t be 100 percent sure,” says Stafford, who has conferred with several top law enforcement officers, “but things are certainly looking that way.”
Comer, whose day job is the presidency of Glenmore Country Club and who also represents the developer of the neighborhood of over 700 homes, reportedly went missing shortly after 9:30am Wednesday, July 1. That, according to a press release from the homeowners association, was less than an hour before a meeting with two association board members to discuss “incomplete data made available to the auditor.”"
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Hmmmmm. Let's not jump to any conclusions, but the circumstantial evidence is...interesting.
Comer, whose day job is the presidency of Glenmore Country Club and who also represents the developer of the neighborhood of over 700 homes, reportedly went missing shortly after 9:30am Wednesday, July 1. That, according to a press release from the homeowners association, was less than an hour before a meeting with two association board members to discuss “incomplete data made available to the auditor.”"
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Hmmmmm. Let's not jump to any conclusions, but the circumstantial evidence is...interesting.
Fight for HOA reform continues after bill fails | News 8 | WFAA.com
Fight for HOA reform continues after bill fails | News 8 | WFAA.com: "'The issue isn’t going away,” said Rep. Burt Solomons.
The Carrollton Republican introduced legislation in the last session aimed at reining in HOAs. The bill failed to come up for a vote in the Senate.
“We intend to continue fighting,” he said. “It’s gotten out of control and it’s very hard to rein them in.”... Lawmakers say there are 30,000 homeowners associations in Texas, which has only 5,000 towns.
“You have entities that have more power than any city council,” Scott said. “More power than any city government with no checks, no balances, no accountability, no transparency, no openness.” "
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This is mainly about foreclosure reform, as I understand it, and that is probably going to remain a huge issue in TX and elsewhere for the foreseeable future.
The Carrollton Republican introduced legislation in the last session aimed at reining in HOAs. The bill failed to come up for a vote in the Senate.
“We intend to continue fighting,” he said. “It’s gotten out of control and it’s very hard to rein them in.”... Lawmakers say there are 30,000 homeowners associations in Texas, which has only 5,000 towns.
“You have entities that have more power than any city council,” Scott said. “More power than any city government with no checks, no balances, no accountability, no transparency, no openness.” "
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This is mainly about foreclosure reform, as I understand it, and that is probably going to remain a huge issue in TX and elsewhere for the foreseeable future.
Delinquencies on home-equity loans hit record - Los Angeles Times
Delinquencies on home-equity loans hit record - Los Angeles Times: "Late payments on home-equity loans rose to a record in the first quarter as 18 straight months of job losses and a slumping economy left more borrowers unable to pay their debts, the American Bankers Association reported.
Delinquencies on home-equity loans climbed to 3.52 percent of all accounts from 3.03 percent in the fourth quarter, and late payments on home-equity lines of credit climbed to a record 1.89 percent, the group reported today. An index of eight types of loans rose for a fourth straight quarter, to 3.23 percent from 3.22 percent in October through December, the group said."
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If the employment situation doesn't reverse itself pretty soon, this recession will set all-time records.
Delinquencies on home-equity loans climbed to 3.52 percent of all accounts from 3.03 percent in the fourth quarter, and late payments on home-equity lines of credit climbed to a record 1.89 percent, the group reported today. An index of eight types of loans rose for a fourth straight quarter, to 3.23 percent from 3.22 percent in October through December, the group said."
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If the employment situation doesn't reverse itself pretty soon, this recession will set all-time records.
U.S. Home Prices to Fall Through 2011’s First Quarter, PMI Says - Bloomberg.com
U.S. Home Prices to Fall Through 2011’s First Quarter, PMI Says - Bloomberg.com: "Thirty of the 50 biggest metropolitan areas have at least a 75 percent chance of lower prices through March 31, 2011, Walnut Creek, California-based PMI said in a report today. The decline is likely to spread to “all regions of the nation” from California, Florida, Nevada and Arizona, the states most affected by the housing slump, PMI said.
“The housing market has been hit by a demand shock of high unemployment and a supply shock of distressed foreclosure sales,” LaVaughn Henry, senior economist at PMI, the fourth- largest U.S. mortgage insurer, said in an interview."
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Can anybody say with a straight face that things are getting better?
“The housing market has been hit by a demand shock of high unemployment and a supply shock of distressed foreclosure sales,” LaVaughn Henry, senior economist at PMI, the fourth- largest U.S. mortgage insurer, said in an interview."
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Can anybody say with a straight face that things are getting better?
Big Banks Don't Want California's IOUs - WSJ.com
Big Banks Don't Want California's IOUs - WSJ.com: "A group of the biggest U.S. banks said they would stop accepting California's IOUs on Friday, adding pressure on the state to close its $26.3 billion annual budget gap."
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California funny money becomes basically useless in three days. Apparently some credit unions will keep accepting it, but that won't last.
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California funny money becomes basically useless in three days. Apparently some credit unions will keep accepting it, but that won't last.
Monday, July 06, 2009
Legal Bills Swayed Palin, Official Says - NYTimes.com
Legal Bills Swayed Palin, Official Says - NYTimes.com: "Lt. Gov. Sean Parnell of Alaska said Sunday that Gov. Sarah Palin’s decision to resign was largely prompted by the personal legal costs of the ethics investigations against her."
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Think about that. Palin may have given up her political career, at least for the foreseeable future, because of the costs of legal defense. Now imagine that you are a homeowner in a CID. You have to pay your own lawyer. The association draws on the resources of all the owners. This imbalance in legal representation is one of the main sources of association power.
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Think about that. Palin may have given up her political career, at least for the foreseeable future, because of the costs of legal defense. Now imagine that you are a homeowner in a CID. You have to pay your own lawyer. The association draws on the resources of all the owners. This imbalance in legal representation is one of the main sources of association power.
California’s Nightmare Will Kill Obamanomics: Kevin Hassett - Bloomberg.com
California’s Nightmare Will Kill Obamanomics: Kevin Hassett - Bloomberg.com: "The California morass has Democrats in Washington trembling. The reason is simple. If Obama’s health-care plan passes, then we may well end up paying for it with federal slips of paper worth less than California’s. Obama has bet everything on passing health care this year. The publicity surrounding the California debt fiasco almost assures his resounding defeat."
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California is running on $3 billion worth of IOUs for the month of July alone.
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California is running on $3 billion worth of IOUs for the month of July alone.
Saturday, July 04, 2009
Illinois gets manager licensing
New rule impacts property managers -- chicagotribune.com: "'It is illegal to give somebody a haircut or sell a hot dog without a license, but it is perfectly legal in Illinois to be a community association manager with nothing but a business card,' said industry watcher Evan McKenzie, associate professor of political science at the University of Illinois at Chicago. 'Incompetence is a huge problem, and so is criminal misconduct.'"
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It's about time.
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It's about time.
Thursday, July 02, 2009
Cracked Houses: What the Boom Built - Yahoo! Finance
Cracked Houses: What the Boom Built - Yahoo! Finance: "Because of tumbling real-estate values, those stuck with faulty houses say repairs often cost more than the homes are now worth. Many say they cant refinance their mortgages or sell, and they have no equity to leverage for repairs."
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And so they think their only recourse is to sue the builder. Thanks to Fred Pilot for this link.
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And so they think their only recourse is to sue the builder. Thanks to Fred Pilot for this link.
City of Casselberry backs down
Consumer health: Orlando Sentinel.com: "Populist outrage and plain fairness caused the Casselberry City Commission to ditch a new code requiring trucks with racks for ladders, pipe and other tools of serious work to be parked in garages or carports, which many truck owners did not have. The code had no provision for appeal or grandfathering current residents — stupid.
'Had a packed house at the commissioners' meeting,' reported plumber Mark Long. 'They canceled all enforcement on this code and decided to write a new one letting us park in the driveway if we take everything off the racks. No way this is perfect, but I don't know if we can get any more. I will keep on top of them and rally the troops if needed.' Power to the plumbers!"
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Thanks to Beth Young for the update on this ridiculous idea. Cities need to stop emulating HOAs.
'Had a packed house at the commissioners' meeting,' reported plumber Mark Long. 'They canceled all enforcement on this code and decided to write a new one letting us park in the driveway if we take everything off the racks. No way this is perfect, but I don't know if we can get any more. I will keep on top of them and rally the troops if needed.' Power to the plumbers!"
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Thanks to Beth Young for the update on this ridiculous idea. Cities need to stop emulating HOAs.
BBC - Earth News - Ant mega-colony takes over world
BBC - Earth News - Ant mega-colony takes over world: "A single mega-colony of ants has colonised much of the world, scientists have discovered.
Argentine ants living in vast numbers across Europe, the US and Japan belong to the same inter-related colony, and will refuse to fight one another."
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Not only that, but they all live in condominiums.
Argentine ants living in vast numbers across Europe, the US and Japan belong to the same inter-related colony, and will refuse to fight one another."
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Not only that, but they all live in condominiums.
Population numbers bounce back in cities - USATODAY.com
Population numbers bounce back in cities - USATODAY.com: "The housing crisis and economic downturn that have forced many Americans to stay put are boosting older cities where population had been shrinking or was stagnant, according to Census estimates out Wednesday.
Last year, Los Angeles recorded its biggest annual increase since 2002 and New York its second largest this decade. Chicago, where population had declined for five years this decade, grew by 0.73%.
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The article offers two explanations. The lefty urban planners who think we should all abandon the suburbs and our SUVs for tiny urban condos and walking to work are convinced that this is The Sign that their apocalyptic warnings have been heeded. But the other explanation is :"Cities' rebound may be a result of people not being able to sell their homes or condos or not having jobs to allow them to leave cities."
Can't get out is quite a bit different than can't wait to get in.
Last year, Los Angeles recorded its biggest annual increase since 2002 and New York its second largest this decade. Chicago, where population had declined for five years this decade, grew by 0.73%.
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The article offers two explanations. The lefty urban planners who think we should all abandon the suburbs and our SUVs for tiny urban condos and walking to work are convinced that this is The Sign that their apocalyptic warnings have been heeded. But the other explanation is :"Cities' rebound may be a result of people not being able to sell their homes or condos or not having jobs to allow them to leave cities."
Can't get out is quite a bit different than can't wait to get in.
Stimulus or Not, States Are Cutting Summer School - NYTimes.com
Stimulus or Not, States Are Cutting Summer School - NYTimes.com: "Nearly every school system in Florida has eviscerated or eliminated summer school this year, and officials are reporting sweeping cuts in states from North Carolina and Delaware to California and Washington. The cuts have come as states across the country are struggling to approve budgets, and California’s governor, Arnold Schwarzenegger, declared a fiscal state of emergency on Wednesday...The federal stimulus law is channeling $100 billion to public education, and Education Secretary Arne Duncan has repeatedly urged states and districts to spend part of the money to keep schools open this summer.
But thousands of districts have ignored Mr. Duncan’s urgings."
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That stimulus bill is turning out to be a great deal, isn't it?
But thousands of districts have ignored Mr. Duncan’s urgings."
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That stimulus bill is turning out to be a great deal, isn't it?
Wednesday, July 01, 2009
Commentary: Franken victory is not funny - CNN.com
Commentary: Franken victory is not funny - CNN.com: "The metric system is the kind of thing that you can expect from the 60-vote filibuster-proof majority Democrats now have in the United States Senate."
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Well, I've never thought Franken was funny anyway. But how anybody can think that converting to the metric system is a crazy idea is beyond me. The US, Liberia, and Burma, are the only three nations in the world that don't use the metric system. Does that put us in distinguished company, or something?
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Well, I've never thought Franken was funny anyway. But how anybody can think that converting to the metric system is a crazy idea is beyond me. The US, Liberia, and Burma, are the only three nations in the world that don't use the metric system. Does that put us in distinguished company, or something?
Tuesday, June 30, 2009
GM Seeks Court's OK to Become 'New' Company - Auto - FOXNews.com
GM Seeks Court's OK to Become 'New' Company - Auto - FOXNews.com: "NEW YORK — General Motors Corp., hoping for a quick exit from Chapter 11, on Tuesday will ask a bankruptcy judge to approve its plan to refashion itself as a leaner automaker owned mostly by the government."
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Isn't "leaner" and "owned mostly by the government" an oxymoron?
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Isn't "leaner" and "owned mostly by the government" an oxymoron?
Gloomy U.S. consumers clip housing recovery hopes - Yahoo! Finance
Gloomy U.S. consumers clip housing recovery hopes - Yahoo! Finance: "WASHINGTON (Reuters) - U.S. consumer confidence took an unexpectedly steep slide in June, figures released on Tuesday showed, suggesting the 18-month-long recession had yet to loosen its grip on the economy.
A separate report on April house prices in major cities offered some encouraging signs that the worst of the housing slump may be over, but that was not enough to lift investors' spirits, while another crop of economic data showed business activity in New York City and the Midwest remained weak and retail chains slogged through a rough June.
Billionaire investor George Soros added to the cautionary tone, saying fears of inflation would drive up borrowing costs and choke off growth once financial markets recover."
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The local paper says retailers are writing off any hopes for a good summer season and are dumping recreational gear, with half-off sales and big off-loading to internet overstock sites.
A separate report on April house prices in major cities offered some encouraging signs that the worst of the housing slump may be over, but that was not enough to lift investors' spirits, while another crop of economic data showed business activity in New York City and the Midwest remained weak and retail chains slogged through a rough June.
Billionaire investor George Soros added to the cautionary tone, saying fears of inflation would drive up borrowing costs and choke off growth once financial markets recover."
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The local paper says retailers are writing off any hopes for a good summer season and are dumping recreational gear, with half-off sales and big off-loading to internet overstock sites.
Home price decline flattens out in April - Jun. 30, 2009
Home price decline flattens out in April - Jun. 30, 2009: "Home prices continued to tumble in April, falling 18.1% from a year earlier -- but the change from March narrowed sharply, indicating that housing markets may be starting to turn.
The 20-city slice of the S&P/Case-Shiller Home Price index recorded a drop of 0.6% from March to April, compared with a 2.2% drop in the prior month. The index has declined every month since July 2006."
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It's about time.
The 20-city slice of the S&P/Case-Shiller Home Price index recorded a drop of 0.6% from March to April, compared with a 2.2% drop in the prior month. The index has declined every month since July 2006."
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It's about time.
Queen Michelle the First? - Jeremy D. Mayer - POLITICO.com
Queen Michelle the First? - Jeremy D. Mayer - POLITICO.com: "Michelle Obama wants a bigger role in her husband’s administration, according to The Washington Post. Unlike Laura Bush, who focused on a few peripheral issues, Obama wants a seat at the table when key policies are made.
Obama’s new chief of staff, Susan Sher, is part of the crucial 8:15 a.m. White House staff meeting. The first lady’s team of more than 20 has been told to think “strategically” about how to make her a player on policies she cares about.
This could be a very bad idea."
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I think I saw this movie. It was in all the theaters between January 1993 and January 2001.
Obama’s new chief of staff, Susan Sher, is part of the crucial 8:15 a.m. White House staff meeting. The first lady’s team of more than 20 has been told to think “strategically” about how to make her a player on policies she cares about.
This could be a very bad idea."
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I think I saw this movie. It was in all the theaters between January 1993 and January 2001.
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