SANTA MONICA, Calif., April 27, 2011 /PRNewswire-USNewswire/ -- Today's U.S. Supreme Court decision in AT&T Mobility, LLC v. Concepcion, invalidating California's protections against unfair provisions in contracts effectively eliminates the right of consumers to join together to fight powerful corporations in court and will lead to enormous abuses of consumers by corporations, Consumer Watchdog, a California non-profit consumer advocacy organization, said today.
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You can read the opinion in AT&T Mobility v. Concepcion by following this link to SCOTUSBLOG.
Here's what happened and why it matters. The Concepcions were entitled to "free" cell phones under their contract. Then AT&T charged them thirty bucks for "sales tax." They joined a class action with others who got shafted the same way. Everybody's claim was too small to litigate alone, but together they had something worth a lawyer's time.
But their contract contained a clause saying disputes had to go to arbitration, and could not be joined with a class action.
Under California case law that term in the contract was unenforceable because it is unconscionable. The Discover Bank case, decided by the California Supreme Court, held that such class action waivers contained in adhesion contacts are unenforceable.
AT&T argued that the Discover Bank ruling was pre-empted by the Federal Arbitration Act, which provides that arbitration agreements are "valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract." The conservative voting bloc of the US Supreme Court (Scalia, Roberts, Alito, Thomas, and Kennedy) agreed with the big corporation and screwed the little consumer (what a surprise!)
Why does this matter? I expect to see such arbitration clauses and class action waivers in every single contract we get in our hands, from now on. The Supreme Court just gave corporate America a way to slam the door to the courthouse in our faces. No lawyer will litigate a thirty dollar case against a giant corporation. Now orporations can strip us of our class action rights just by inserting a term in a non-negotiable adhesion contract.
Will this include condominium or HOA declarations? I am sure it will be tried.
Wednesday, April 27, 2011
Affluent Kings Point Plans Extensive Surveillance Network: License Readers, 44 Cameras To See Who Comes And Goes
To protect its 3.3 square miles, Kings Point plans to install 44 cameras and license plate readers at each of the 19 points of entry. The devices will take pictures of every vehicle and license plate and compare them to data bases.
“It will alert us to suspended registrations, felonies, stolen cars, order of protection, sex offenders, things like that,” Kings Point Police Commissioner Jack Miller said.
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Things like that. Sure. Whatever. And this is a municipality.
“It will alert us to suspended registrations, felonies, stolen cars, order of protection, sex offenders, things like that,” Kings Point Police Commissioner Jack Miller said.
------------------
Things like that. Sure. Whatever. And this is a municipality.
Friday, April 22, 2011
Municipal M&A: Budget Woes May Force Cities Like Detroit, Hamtramck To Combine
Local officials in Michigan, Indiana, New Jersey, California and other states are considering municipal mergers, which some see as the only way to preserve services amid a historic economic downturn. Zionsville, Ind., combined with two townships last year, and political and economic pressures are pushing other communities in that direction. In California, some cities are outsourcing services to their counties. In Michigan, politicians in Detroit and neighboring Hamtramck say merging the two governments might save the dollars needed to stay afloat.
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Libel per se
I love generating comments, but if you don't see your comment getting published, perhaps it is because I think it is libelous. I keep having to delete comments that are obviously libelous, and I wish people would give some thought to this before sending them. There is something called "libel per se," which means statements that are automatically considered libel without any evidence of their damaging effect on the person's reputation needed. The law just presumes that they were injurious. There are four main categories of libel per se:
1. Accusing somebody of committing a crime.
2. Claiming they have an infections, contagious, or "loathsome" disease.
3. Injuring the person in his or her profession, trade or business, by saying they are unqualified to practice, or otherwise saying things that would tend to hurt their profits (this is called "trade libel").
4. Accusing somebody of being of an "unchaste" character.
I haven't had to delete any accusations about disease or lack of chastity yet, but I get many comments that accuse particular people of crime and that are intended to besmirch their professional reputations by calling them unethical or something similar. I delete these comments, of course, because I don't want to expose myself to the risk of a libel suit for publishing them. In nearly every case, the person who wants me to post their comments is anonymous. They want to make their libelous statements, have me publish them, and remain safely concealed behind a veil of anonymity. No, thanks.
1. Accusing somebody of committing a crime.
2. Claiming they have an infections, contagious, or "loathsome" disease.
3. Injuring the person in his or her profession, trade or business, by saying they are unqualified to practice, or otherwise saying things that would tend to hurt their profits (this is called "trade libel").
4. Accusing somebody of being of an "unchaste" character.
I haven't had to delete any accusations about disease or lack of chastity yet, but I get many comments that accuse particular people of crime and that are intended to besmirch their professional reputations by calling them unethical or something similar. I delete these comments, of course, because I don't want to expose myself to the risk of a libel suit for publishing them. In nearly every case, the person who wants me to post their comments is anonymous. They want to make their libelous statements, have me publish them, and remain safely concealed behind a veil of anonymity. No, thanks.
Wednesday, April 20, 2011
Lee Farkas Convicted In $3 Billion Mortgage Fraud Case
Lee Farkas Convicted In $3 Billion Mortgage Fraud Case: "ALEXANDRIA, Va. -- A jury has convicted the majority owner of what had been one of the nation's largest mortgage companies on all 14 counts in a $3 billion fraud trial that officials have said is one of the most significant prosecutions to arise from the nation's financial crisis."
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And on it goes. Large institutions just screwing the middle class. The banksters, the mortgage companies, the oil companies, the insurance companies, the lawyers...and it seems that neither political party has much interest in doing anything about it. In the meantime, the public gets angrier by the day. The 2012 election outcome will favor whichever party is best able to channel this incoherent, unfocused rage. The Republicans will try to blame government and the Democrats will try to blame corporate America. The problem with that choice? Both parties are right.
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And on it goes. Large institutions just screwing the middle class. The banksters, the mortgage companies, the oil companies, the insurance companies, the lawyers...and it seems that neither political party has much interest in doing anything about it. In the meantime, the public gets angrier by the day. The 2012 election outcome will favor whichever party is best able to channel this incoherent, unfocused rage. The Republicans will try to blame government and the Democrats will try to blame corporate America. The problem with that choice? Both parties are right.
Monday, April 18, 2011
Attorneys say new evidence shows fraud by Righthaven
"Defense attorneys in at least two Righthaven LLC copyright infringement lawsuits filed motions to dismiss over the weekend, citing new evidence they say shows Righthaven has perpetrated a fraud on the federal court in Nevada. The evidence cited is the newly-unsealed Strategic Alliance agreement covering copyright assignments from Stephens Media LLC, owner of the Las Vegas Review-Journal, to Righthaven. In motions filed Sunday, attorneys with Randazza Legal Group said this contract shows Righthaven’s lawsuits are based on "sham’’ copyright claims since Stephens Media maintains control of the material covered by the copyrights."
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You may recall that the Las Vegas Review Journal set up an arrangement with the copyright trolls at Righthaven to sue bloggers for quoting or reproducing LVRJ articles. Righthaven claimed to have been assigned the copyright to the articles in question and filed 264 lawsuits without warning. Now some of the defendants claim that Righthaven doesn't really own the copyrights after all, and that the assignment was "a transparent sham."
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You may recall that the Las Vegas Review Journal set up an arrangement with the copyright trolls at Righthaven to sue bloggers for quoting or reproducing LVRJ articles. Righthaven claimed to have been assigned the copyright to the articles in question and filed 264 lawsuits without warning. Now some of the defendants claim that Righthaven doesn't really own the copyrights after all, and that the assignment was "a transparent sham."
Sunday, April 17, 2011
Texas homeowners call for state AG investigation of community association industry
Austin – As Incidences of possible attorney malfeasance and hostile actions by property management associations are being reported almost daily, the need for more than legislative change is clear.
Home Owners for Better Building will be asking the House Business and Industry committee as well as other lawmakers to request Attorney General Greg Abbott to investigate Home Owners Associations (HOA’s), the property management industry and its attorneys.
As HOA foreclosures rise substantially and the economy worsens, the property management industry seeks to further enrich themselves during this session on the backs of homeowners with clever legislative lobbying ideas that expand unearned transfer fees, processing fees, and mandatory contributions to developer foundations, etc
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This is a shot across the bow of Privatopia in the Lone Star State that could gain momentum on anti-corporate and lawyer sentiment.
Home Owners for Better Building will be asking the House Business and Industry committee as well as other lawmakers to request Attorney General Greg Abbott to investigate Home Owners Associations (HOA’s), the property management industry and its attorneys.
As HOA foreclosures rise substantially and the economy worsens, the property management industry seeks to further enrich themselves during this session on the backs of homeowners with clever legislative lobbying ideas that expand unearned transfer fees, processing fees, and mandatory contributions to developer foundations, etc
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This is a shot across the bow of Privatopia in the Lone Star State that could gain momentum on anti-corporate and lawyer sentiment.
Saturday, April 16, 2011
Hands off my property, man tells HOA
Busch put a sign on his garage stating he should have property rights and there should not be an HOA. He's been fighting with the Sand Lake Hills homeowners association since 2008. He sued the HOA and 99 homeowners because he claims the HOA was formed illegally.
Each homeowner is supposed to agree to form an HOA, but he says that did not happen."This is property rights. How can they come on my property and assess me for anything they want?"
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The plaintiff's attorney is also contending the HOA "dumped trash" on his client's title with dubious liens.
Each homeowner is supposed to agree to form an HOA, but he says that did not happen."This is property rights. How can they come on my property and assess me for anything they want?"
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The plaintiff's attorney is also contending the HOA "dumped trash" on his client's title with dubious liens.
Post hailstorm email from HOA ticks off residents
PROSPER — An e-mail sent by a homeowners' association in Prosper is angering victims of Sunday night's thunderstorms. Neighbors in the Preston Lakes subdivision worry that community rules outlining homes' appearance may slow their rebuilding from damage caused by the violent storm that pelted properties with golf ball-sized hailstones.
"You don't say that less than 24 hours after something like this hits you," said Cindy Stuver, who lost nearly half her windows to the hailstorm. "That's wrong!" She and others are furious about the e-mail blast sent out by the local homeowners' association.
"This e-mail is to just make sure that everyone in our community is OK," HOA board member Shelly Van Blarcum wrote. The message went on to remind residents of the neighborhood guidelines that dictate homes' appearance — including the type of windows used and the color of shingles.
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This story shows how HOAs are not viewed by their constituents as a helpful entity but instead as intrusive and over controlling.
"You don't say that less than 24 hours after something like this hits you," said Cindy Stuver, who lost nearly half her windows to the hailstorm. "That's wrong!" She and others are furious about the e-mail blast sent out by the local homeowners' association.
"This e-mail is to just make sure that everyone in our community is OK," HOA board member Shelly Van Blarcum wrote. The message went on to remind residents of the neighborhood guidelines that dictate homes' appearance — including the type of windows used and the color of shingles.
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This story shows how HOAs are not viewed by their constituents as a helpful entity but instead as intrusive and over controlling.
Beyond Privatopia: Rethinking Residential Private Government
To be released on May 2. You can pre-order it by using the link.
Tuesday, April 12, 2011
HOA that prohibited hoarding now talks smoking restrictions
"LAGUNA WOODS – The largest homeowners association in Laguna Woods Village that recently prohibited residents from hoarding, will consider a policy that would limit where residents can smoke. The board of directors for United Mutual, a cooperative housing association that governs 6323 units, will meet Tuesday to consider a policy that could prohibit smoking inside all or a portion of units and in common areas."
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Can't hoard, can't smoke...how's a neurotic supposed to have any fun?
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Can't hoard, can't smoke...how's a neurotic supposed to have any fun?
Monday, April 11, 2011
Center for American Progress: The Perils of Privatizing our Mortgage Finance System
With links to reports on the subject.
HOA Information Office and Resource Center
HOA Information Office and Resource Center:
"The HOA Information Office and Resource Center provides information on the rights and duties of homeowners and associations under the Colorado Common Interest Ownership Act. The Office is responsible for tracking inquiries and complaints."
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I received this link from somebody who wishes to remain anonymous. If you live in Colorado and want to register a complaint about your HOA, this is the way to do it.
"The HOA Information Office and Resource Center provides information on the rights and duties of homeowners and associations under the Colorado Common Interest Ownership Act. The Office is responsible for tracking inquiries and complaints."
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I received this link from somebody who wishes to remain anonymous. If you live in Colorado and want to register a complaint about your HOA, this is the way to do it.
Saturday, April 09, 2011
HOA goes after woman's garage as 'community center'
A Tierrasanta homeowners association is cracking down on a 70-year-old woman whose garage has become a neighborhood gathering place of sorts, with folding chairs, a television and ample Chargers paraphernalia. The Villa Portofino association has fined Marylin Weber $120, saying she can’t use her garage as living space. Weber is refusing to pay the fine or back down, saying her garage is the community center in her neighborhood. The door is often open and neighbors stop by to knit, watch Jeopardy or celebrate birthdays.
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One of the basic principles of Privatopia is HOAs serve to build community spirit. After all, the private local government industry markets them as "community associations." However when community evolves naturally as this story illustrates, HOAs can be decidedly anti-community.
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One of the basic principles of Privatopia is HOAs serve to build community spirit. After all, the private local government industry markets them as "community associations." However when community evolves naturally as this story illustrates, HOAs can be decidedly anti-community.
HOA foreclosures come with price tag in troubled real estate market
As for the Leiders' former Brier Creek home, while the HOA foreclosed on them back in 2009, two years later the HOA still has the deed on it.
The HOA has now paid thousands on the home insuring it and maintaining it all while the home sits empty, because Bank of America still holds the mortgage on the home. The bank is still owed all the money from the mortgage and has a lien on the property preventing it from being sold until it's paid off.
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HOAs like the county tax collector foreclose when property levies go unpaid. But with properties heavily burdened with mortgage debt and difficult to liquidate in the current real estate market, HOA foreclosures don't necessarily result bringing accounts current and instead increase the liability side of the ledger.
The HOA has now paid thousands on the home insuring it and maintaining it all while the home sits empty, because Bank of America still holds the mortgage on the home. The bank is still owed all the money from the mortgage and has a lien on the property preventing it from being sold until it's paid off.
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HOAs like the county tax collector foreclose when property levies go unpaid. But with properties heavily burdened with mortgage debt and difficult to liquidate in the current real estate market, HOA foreclosures don't necessarily result bringing accounts current and instead increase the liability side of the ledger.
Homebuilder Pasquinelli files for bankruptcy
"The bankruptcy petition is a dramatic turn of events for Pasquinelli, which started building homes in the Chicago market in 1956, and whose business expanded under the Pasquinelli and Portrait names to Indiana, Ohio, North Carolina, South Carolina, George, Florida and Texas. A civil lawsuit filed against the company last year said as of 2006, the company's annual revenues had surpassed $580 million...The filing adds Pasquinelli to the list of longtime local homebuilders whose names have disappeared from the Chicago area residential construction scene. Competitors like Kirk Homes and Kimball Hill Homes also enjoyed the housing market's bubble before it burst and they were forced to fold."
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Until the big collapse in 2008, Chicago was the main exception to the dominance of national home builders. In this area, there were lots of strong local home building companies and developers. But they didn't survive the collapse of the market, so if the new housing market ever comes back (and I don't assume that it will) it will be national, publicly traded firms that do the building. Just as family farms gave way to huge corporate farming conglomerates, so the home building industry seems to have turned into a mega-market where corporate goliaths swat away at each other like Transformers. Where does that leave the home buyer? Tons of relatively meaningless choices about carpets and windows and no choice about whether you will have an HOA.
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Until the big collapse in 2008, Chicago was the main exception to the dominance of national home builders. In this area, there were lots of strong local home building companies and developers. But they didn't survive the collapse of the market, so if the new housing market ever comes back (and I don't assume that it will) it will be national, publicly traded firms that do the building. Just as family farms gave way to huge corporate farming conglomerates, so the home building industry seems to have turned into a mega-market where corporate goliaths swat away at each other like Transformers. Where does that leave the home buyer? Tons of relatively meaningless choices about carpets and windows and no choice about whether you will have an HOA.
Wednesday, April 06, 2011
CCHAL announces progress on SB 561
Evan -- please post news of our victory in California's Senate Judiciary Committee yesterday. SB561 is legislation that protects both homeowners and associations from the predatory business practices of debt collectors during the assessment collection process. The bill is sponsored by the Center for California Homeowner Association Law in partnership with the California Alliance for Retired Americans. California State Senate Majority Leader Ellen Corbett is carrying the measure.
Marjorie Murray, President
Center for California Homeowner Association Law
Oakland, CA 94612
www.calhomelaw.org
From: info@calhomelaw.org
To: online@calhomelaw.org
Sent: 4/5/2011 6:32:58 P.M. Pacific Daylight Time
Subj: Senate Judiciary Approves SB561 4-1: Bill Protects both Homeowners and Associations
The California Senate Judiciary Committee voted 4-1 this
afternoon to approve SB561, legislation targeting the
predatory practices of association debt collectors. The
author of the bill is Senate Majority Leader Ellen Corbett
[D-San Leandro.] AYE votes were Noreen Evans [D-Santa
Rosa], Mark Leno [D-San Francisco], Sam Blakeslee [R-San
Luis Obispo] and Corbett.
The bill voids any foreclosure action based on contracts
that violate the state laws protecting the rights of the
homeowner or the duties of the association board during
assessment collection. The bill targets in particular
contracts that violate existing law (Civil Code 1367.1(b)
prescribing how homeowner payments are to be applied to
the debt: assessments FIRST and debt collector profits
LAST – and only after the assessments are paid in full.
This consumer protection law was created by Congresswoman
Jackie Speier when she was in the California Assembly.
Seniors – with a lot of equity in their homes – are
especially vulnerable to these predatory practices. Debt
collectors coerce seniors into signing contracts under
which the homeowner “agrees” that his payments will go
into the debt collector’s wallet instead of to paying down
assessments owed as required by EXISTING law (Civil Code
1367.1(b). Because the debt collector isn’t paying down
the assessments, the homeowner is catapulted into the
foreclosure process.
“This is irrational behavior on the part of HOAs,” said
Marjorie Murray, President of the Center for California
Homeowner Association Law. “Why do associations hire a
debt collector to go after the assessments but then allow
the debt collector to keep the money instead of turning it
over to the association that hired them? This makes no
sense.”
SB561 also targets debt collector contracts that prohibit
boards from meeting with homeowners to work out a payment
plan or to let the homeowner dispute the debt. The
typical contract penalizes boards that communicate with
the homeowner after the account has been turned over to
the debt collector: the association becomes liable for all
the collection costs.
Associations and debt collectors have been sued repeatedly
for these practices: Fuller v Association Lien Services,
Santaella v Angius & Terry, Chen v Association Lien
Services among many others.
Co-sponsors of SB561 are the Center for California
Homeowner Association Law and the California Alliance for
Retired Americans (CARA). Supporters are Congresswoman
Jackie Speier, AARP, Consumer Attorneys of California,
OWL, Consumers Union, nonprofit publisher of Consumer
Reports; Consumer Federation of California; Gray Panthers,
Californians for Disability Rights, among others.
A fact sheet on SB561 is on the CCHAL website at
http://www.calhomelaw.org/doc.asp?id=1313
The bill goes next to the Senate floor.
CCHAL NewsBrief
April 5, 2011
Marjorie Murray, President
Center for California Homeowner Association Law
Oakland, CA 94612
www.calhomelaw.org
From: info@calhomelaw.org
To: online@calhomelaw.org
Sent: 4/5/2011 6:32:58 P.M. Pacific Daylight Time
Subj: Senate Judiciary Approves SB561 4-1: Bill Protects both Homeowners and Associations
The California Senate Judiciary Committee voted 4-1 this
afternoon to approve SB561, legislation targeting the
predatory practices of association debt collectors. The
author of the bill is Senate Majority Leader Ellen Corbett
[D-San Leandro.] AYE votes were Noreen Evans [D-Santa
Rosa], Mark Leno [D-San Francisco], Sam Blakeslee [R-San
Luis Obispo] and Corbett.
The bill voids any foreclosure action based on contracts
that violate the state laws protecting the rights of the
homeowner or the duties of the association board during
assessment collection. The bill targets in particular
contracts that violate existing law (Civil Code 1367.1(b)
prescribing how homeowner payments are to be applied to
the debt: assessments FIRST and debt collector profits
LAST – and only after the assessments are paid in full.
This consumer protection law was created by Congresswoman
Jackie Speier when she was in the California Assembly.
Seniors – with a lot of equity in their homes – are
especially vulnerable to these predatory practices. Debt
collectors coerce seniors into signing contracts under
which the homeowner “agrees” that his payments will go
into the debt collector’s wallet instead of to paying down
assessments owed as required by EXISTING law (Civil Code
1367.1(b). Because the debt collector isn’t paying down
the assessments, the homeowner is catapulted into the
foreclosure process.
“This is irrational behavior on the part of HOAs,” said
Marjorie Murray, President of the Center for California
Homeowner Association Law. “Why do associations hire a
debt collector to go after the assessments but then allow
the debt collector to keep the money instead of turning it
over to the association that hired them? This makes no
sense.”
SB561 also targets debt collector contracts that prohibit
boards from meeting with homeowners to work out a payment
plan or to let the homeowner dispute the debt. The
typical contract penalizes boards that communicate with
the homeowner after the account has been turned over to
the debt collector: the association becomes liable for all
the collection costs.
Associations and debt collectors have been sued repeatedly
for these practices: Fuller v Association Lien Services,
Santaella v Angius & Terry, Chen v Association Lien
Services among many others.
Co-sponsors of SB561 are the Center for California
Homeowner Association Law and the California Alliance for
Retired Americans (CARA). Supporters are Congresswoman
Jackie Speier, AARP, Consumer Attorneys of California,
OWL, Consumers Union, nonprofit publisher of Consumer
Reports; Consumer Federation of California; Gray Panthers,
Californians for Disability Rights, among others.
A fact sheet on SB561 is on the CCHAL website at
http://www.calhomelaw.org/doc.asp?id=1313
The bill goes next to the Senate floor.
CCHAL NewsBrief
April 5, 2011
Tuesday, April 05, 2011
To save houses from HOA foreclosure, bill would offer up what's inside
This is like the old saying about a litigant being somebody who gives up his skin in the hope of saving his bones.
Monday, April 04, 2011
Senator wrote HOA bills while working for HOA - Sunday, April 3, 2011 | 2:01 a.m. - Las Vegas Sun
Senator wrote HOA bills while working for HOA - Sunday, April 3, 2011 | 2:01 a.m. - Las Vegas Sun: "Carson City — Sen. Allison Copening has introduced seven bills to regulate homeowners associations this session, the product of nearly 18 months working with industry experts. During hours of hearings on her bills over six weeks, Copening, D-Las Vegas, did not disclose that she is also employed by an HOA. On Friday, after the Las Vegas Sun contacted her with questions about the bills, she disclosed that she works for a homeowners association for Del Webb, a subsidiary of one of the country’s largest builders, which has taken an active role in shaping the legislation she introduced. "
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Thanks to Fred Pilot and others who sent me this. Having a conflict of interest is bad enough without adding to that the failure to disclose the conflict.
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Thanks to Fred Pilot and others who sent me this. Having a conflict of interest is bad enough without adding to that the failure to disclose the conflict.
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