Homeowners associations — where residents pay monthly dues to maintain common amenities such as pools and landscaping — were lightning rods during the legislative session, evidenced by the 20 bills introduced on the topic. Tensions between neighbors take on a whole new level when one can fine another for not replacing a flickering porch light or leaving the trash can on the sidewalk too long.
But the recent foreclosure crisis added fuel to the fire in homeowners associations, which are especially widespread in Las Vegas' relatively new neighborhoods. As more and more homes were repossessed, associations were unable to collect dues to maintain landscaping and common buildings, and collection agencies stepped in to help.
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We're just trying to save the neighborhood.
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Thursday, June 09, 2011
The next foreclosure fight, redux...
I received an email from William Brown of Scottsdale, AZ, asking for a reposting of the above-linked post with its many comments. I agree that it was a great video and discussion, so here it is.
Wednesday, June 08, 2011
Our Fantasy Nation? - NYTimes.com
Our Fantasy Nation? - NYTimes.com
Guess what country most resembles the Tea Party's prescriptions for the USA?
Oh, and this:
"I’ve always made fun of these countries, but now I see echoes of that pattern of privatization of public services in America. Police budgets are being cut, but the wealthy take refuge in gated communities with private security guards. Their children are spared the impact of budget cuts at public schools and state universities because they attend private institutions."
Guess what country most resembles the Tea Party's prescriptions for the USA?
Oh, and this:
"I’ve always made fun of these countries, but now I see echoes of that pattern of privatization of public services in America. Police budgets are being cut, but the wealthy take refuge in gated communities with private security guards. Their children are spared the impact of budget cuts at public schools and state universities because they attend private institutions."
The HOA at Lexington Crossing | Flickr - Photo Sharing!
The HOA at Lexington Crossing | Flickr - Photo Sharing!
Check out this situation. Click the link above and you will see a photo. Click the link below that says "Car Stuck in Garage by HOA" and you will read the story behind it. I'm sure somebody will tell me it is just one of those "isolated incidents."
Says the homeowner whose driveway was blocked by the HOA as shown in the linked photo:
Car Stuck in Garage by HOA
"Hey all -
maybe someone can help me...
Can an HOA block my egress and ingress? They have placed three large stone pillars in front of our driveway, preventing us from leaving and my wife's car is in the garage. Her car has been stuck there for over four days so she can't work. We are beyond frustrated. The HOA president basically told us best of luck - see yea - your cable will be next to go.
We are paying our association dues - but can't keep up with all the new assessments and now with the 3k in their attorney fees we owe over 5k."
Read more: http://www.city-data.com/forum/atlanta/1298523-car-stuck-garage-hoa.html#ixzz1OjiKwZPs
----------------------
Why did this happen? What management company was this HOA using? Read on. He explains. If you look at page 3, entry number 23, of the city-data.com forum linked above, you will see that he says:
"We had an assessment done on our place last year for $1000 - I paid $500. I did not pay the other half. I Was 2 weeks late. They then doc'd me $800 in attorney fees. I called the management - Associa management and worked it out to pay an extra $100 a month until I could pay it off.
They then had another $1500 assessment done to rebuild the roofs. I could not keep up and feel behind - but made my payments plus $100 and I will continue to do so and try to make it more".
Read more: http://www.city-data.com/forum/atlanta/1298523-car-stuck-garage-hoa-3.html#ixzz1OjjXnUZ7
Check out this situation. Click the link above and you will see a photo. Click the link below that says "Car Stuck in Garage by HOA" and you will read the story behind it. I'm sure somebody will tell me it is just one of those "isolated incidents."
Says the homeowner whose driveway was blocked by the HOA as shown in the linked photo:
Car Stuck in Garage by HOA
"Hey all -
maybe someone can help me...
Can an HOA block my egress and ingress? They have placed three large stone pillars in front of our driveway, preventing us from leaving and my wife's car is in the garage. Her car has been stuck there for over four days so she can't work. We are beyond frustrated. The HOA president basically told us best of luck - see yea - your cable will be next to go.
We are paying our association dues - but can't keep up with all the new assessments and now with the 3k in their attorney fees we owe over 5k."
Read more: http://www.city-data.com/forum/atlanta/1298523-car-stuck-garage-hoa.html#ixzz1OjiKwZPs
----------------------
Why did this happen? What management company was this HOA using? Read on. He explains. If you look at page 3, entry number 23, of the city-data.com forum linked above, you will see that he says:
"We had an assessment done on our place last year for $1000 - I paid $500. I did not pay the other half. I Was 2 weeks late. They then doc'd me $800 in attorney fees. I called the management - Associa management and worked it out to pay an extra $100 a month until I could pay it off.
They then had another $1500 assessment done to rebuild the roofs. I could not keep up and feel behind - but made my payments plus $100 and I will continue to do so and try to make it more".
Read more: http://www.city-data.com/forum/atlanta/1298523-car-stuck-garage-hoa-3.html#ixzz1OjjXnUZ7
Monday, June 06, 2011
Dean Baker: "Dan Balz and the Washington Post STILL Don't Understand the Housing Bubble"
This is as clear an explanation of why housing prices collapsed, and why they will continue to fall for a while, as you will ever read.
Saturday, June 04, 2011
Police shoot fake alligator
KANSAS CITY, Mo (Reuters Life!) – Police in a suburb in the state of Missouri recently encountered one tough alligator -- or so they thought.
Officers in Independence, a Kansas City suburb, responded to a call on a Saturday evening about a large alligator lurking on the embankment of a pond, police spokesman Tom Gentry said Thursday.
An officer called a state conservation agent, who advised him to shoot the alligator because there was little that conservation officials could do at that time, Gentry said.
As instructed an officer shot the alligator, not once but twice, but both times the bullets bounced off -- because the alligator was made of cement.
-------------------------------------
Offending alligator? Don't call the cops -- call the HOA!
Officers in Independence, a Kansas City suburb, responded to a call on a Saturday evening about a large alligator lurking on the embankment of a pond, police spokesman Tom Gentry said Thursday.
An officer called a state conservation agent, who advised him to shoot the alligator because there was little that conservation officials could do at that time, Gentry said.
As instructed an officer shot the alligator, not once but twice, but both times the bullets bounced off -- because the alligator was made of cement.
-------------------------------------
Offending alligator? Don't call the cops -- call the HOA!
Friday, June 03, 2011
I'm sick of these MF snakes in this MF foreclosed home!
idaho-foreclosure-snake-home: Personal Finance News from Yahoo! Finance
Where's Samuel L. Jackson when you need him?
Where's Samuel L. Jackson when you need him?
Thursday, June 02, 2011
New York Co-op aims to combat obesity
Nice idea, but it won't be enough to combat the marketing of food and drink guaranteed to turn you into a waddling behemoth.
Newly amended bill would restrict library privatization
SACRAMENTO - Local governments would have to jump through multiple hoops before they could privatize local libraries under newly recrafted legislation moving through the Assembly.
The measure would require officials to provide detailed proof that contracting out would save money. It also would prohibit the layoffs of existing employees, among other rules.
The bill could have major implications for Riverside County. In 1997, the county became the first in the country to contract with a private company to provide library services.
--------------------------------------------
Privatizing local government services -- while controversial -- is one thing. Privatizing local government itself in the form of mandated homeowner associations is quite another.
MTA Officers Detain Man For Taking Pictures « CBS Baltimore
MTA Officers Detain Man For Taking Pictures « CBS Baltimore: "The Patriot Act says that critical infrastructure, trains, train stations, all those things require certain oversight to take pictures, whether you say they are for personal use or whatever, that’s your story,” the officer said."
----------------
And that was only a small part of the moronic harassment this man was subjected to by these Keystone Cops. They threatened to arrest him for absolutely no reason, among other things.
----------------
And that was only a small part of the moronic harassment this man was subjected to by these Keystone Cops. They threatened to arrest him for absolutely no reason, among other things.
Wednesday, June 01, 2011
Bachus Comforts Wall Street While Assailing Dodd-Frank to Voters Back Home - Bloomberg
Bachus Comforts Wall Street While Assailing Dodd-Frank to Voters Back Home - Bloomberg
An absolutely astounding story of greed and stupidity. See Matt Taibbi's piece (below) for a more pointed version of events.
An absolutely astounding story of greed and stupidity. See Matt Taibbi's piece (below) for a more pointed version of events.
The Continual Screwing of Jefferson County, Alabama | Rolling Stone Politics | Taibblog | Matt Taibbi on Politics and the Economy
The Continual Screwing of Jefferson County, Alabama | Rolling Stone Politics | Taibblog | Matt Taibbi on Politics and the Economy
Read Matt Taibbi's scathing analysis of the massive political corruption surrounding the "screwing" of Jefferson County, Alabama, by elected officials, as described more moderately above.
Read Matt Taibbi's scathing analysis of the massive political corruption surrounding the "screwing" of Jefferson County, Alabama, by elected officials, as described more moderately above.
Texas HOAs under heavy fire in Austin | wfaa.com Dallas - Fort Worth
Texas HOAs under heavy fire in Austin | wfaa.com Dallas - Fort Worth
"A wave of new laws were proposed, designed to restrict HOA powers that keep homeowners under financial duress and in the quicksand of debt.
State Sen. Royce West (D-Dallas) said what's happening to Greer is commonplace in Texas.
"You pay your legal fees, and other penalties and interest before the assessment is credited toward the assessment that you were supposed to have been paying in the first place," West said. "What that does is basically what it does to people in other areas — it puts them further and further behind."
----------------
"A wave of new laws were proposed, designed to restrict HOA powers that keep homeowners under financial duress and in the quicksand of debt.
State Sen. Royce West (D-Dallas) said what's happening to Greer is commonplace in Texas.
"You pay your legal fees, and other penalties and interest before the assessment is credited toward the assessment that you were supposed to have been paying in the first place," West said. "What that does is basically what it does to people in other areas — it puts them further and further behind."
----------------
HOA threatens to sue Possum Kingdom wildfire survivor | wfaa.com Dallas - Fort Worth
HOA threatens to sue Possum Kingdom wildfire survivor | wfaa.com Dallas - Fort Worth
The recreational vehicle and camper he is living and working out of until his home can be rebuilt is violating Article 8, Section 3(e) of the Sportsman's World Property Owners Association covenant, according to a letter Brumbelow received from a Dallas law firm.
"If you do not move the vehicles immediately, the Association is expected to file suit," the letter reads, hitting him with attorneys fees and seeking injunctive relief.
-----------------
Another example of local democracy in action. Not.
Thanks to Rodney Gray for the link.
The recreational vehicle and camper he is living and working out of until his home can be rebuilt is violating Article 8, Section 3(e) of the Sportsman's World Property Owners Association covenant, according to a letter Brumbelow received from a Dallas law firm.
"If you do not move the vehicles immediately, the Association is expected to file suit," the letter reads, hitting him with attorneys fees and seeking injunctive relief.
-----------------
Another example of local democracy in action. Not.
Thanks to Rodney Gray for the link.
Tuesday, May 31, 2011
Foreclosure flood may not have crested yet - Business - Eye on the Economy - msnbc.com
Foreclosure flood may not have crested yet - Business - Eye on the Economy - msnbc.com
"If the national foreclosure crisis were a baseball game, we would be in about the top of the sixth. And we may have to go to extra innings."
----------
I'll bet he wonders why he doesn't get invited to more parties.
"If the national foreclosure crisis were a baseball game, we would be in about the top of the sixth. And we may have to go to extra innings."
----------
I'll bet he wonders why he doesn't get invited to more parties.
Calculated Risk: Real House Prices and Price-to-Rent: Back to 1999
Calculated Risk: Real House Prices and Price-to-Rent: Back to 1999
Take a look at this graph if you are not sufficiently depressed.
Take a look at this graph if you are not sufficiently depressed.
Monday, May 30, 2011
HOA threatens to sue wildfire survivor
The recreational vehicle and camper he is living and working out of until his home can be rebuilt is violating Article 8, Section 3(e) of the Sportsman's World Property Owners Association covenant, according to a letter Brumbelow received from a Dallas law firm.
"If you do not move the vehicles immediately, the Association is expected to file suit," the letter reads, hitting him with attorneys fees and seeking injunctive relief.
The Association is on record, however, saying it is "sorry that he lost his house."
----------------------------------------------
And no FEMA trailers allowed, either.
"If you do not move the vehicles immediately, the Association is expected to file suit," the letter reads, hitting him with attorneys fees and seeking injunctive relief.
The Association is on record, however, saying it is "sorry that he lost his house."
----------------------------------------------
And no FEMA trailers allowed, either.
Sunday, May 29, 2011
The Next Foreclosure Fight
The Next Foreclosure Fight
Excellent news feature from CNBC on HOA foreclosures including CAI's Tom Skiba and attorney Bill Davis, who is the fellow being sued by John Carona's corporate entities (see below). Tom says HOA foreclosure should be used as a last resort, but that the power to foreclose is necessary to make sure the association is funded and the other owners don't have to pay their share. Bill says the purpose isn't to get money for the association but as an excuse to "shake down the homeowners for the benefit of the HOA vendors," mainly the lawyers and property managers.
Thanks to George Starapoli for the link.
Excellent news feature from CNBC on HOA foreclosures including CAI's Tom Skiba and attorney Bill Davis, who is the fellow being sued by John Carona's corporate entities (see below). Tom says HOA foreclosure should be used as a last resort, but that the power to foreclose is necessary to make sure the association is funded and the other owners don't have to pay their share. Bill says the purpose isn't to get money for the association but as an excuse to "shake down the homeowners for the benefit of the HOA vendors," mainly the lawyers and property managers.
Thanks to George Starapoli for the link.
A Needless Housing Collapse
A Needless Housing Collapse
"The success of a pioneering program for moderate-income buyers proves that the subprime disaster was not the fault of homeowners...The answer, quite simply, is that borrowers who had fixed-rate loans without hidden costs were far likelier to hold on to their homes. Subprime borrowers with adjustable-rate mortgages have cumulatively faced a "serious delinquency" rate approaching 40 percent, meaning that four out of 10 borrowers ended up at least three months late on their mortgages. From there, it's usually very hard for them to avoid foreclosure. By contrast, only 8.5 percent of Self-Help borrowers -- in the same cities and with the same financial profiles -- have fallen into such deep trouble, and fewer than 5 percent have ended up losing their homes to foreclosure."
--------------
The article is by Alyssa Katz, whose book Our Lot: How Real Estate Came to Own Us is the best thing I've read on the housing crisis. Here she talks about a program that shows how it was the terms of the mortgages that doomed so many people to foreclosure.
"The success of a pioneering program for moderate-income buyers proves that the subprime disaster was not the fault of homeowners...The answer, quite simply, is that borrowers who had fixed-rate loans without hidden costs were far likelier to hold on to their homes. Subprime borrowers with adjustable-rate mortgages have cumulatively faced a "serious delinquency" rate approaching 40 percent, meaning that four out of 10 borrowers ended up at least three months late on their mortgages. From there, it's usually very hard for them to avoid foreclosure. By contrast, only 8.5 percent of Self-Help borrowers -- in the same cities and with the same financial profiles -- have fallen into such deep trouble, and fewer than 5 percent have ended up losing their homes to foreclosure."
--------------
The article is by Alyssa Katz, whose book Our Lot: How Real Estate Came to Own Us is the best thing I've read on the housing crisis. Here she talks about a program that shows how it was the terms of the mortgages that doomed so many people to foreclosure.
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