Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Sunday, October 16, 2011
"Broadband Blindness" trailer...starring Fred Pilot
Chances are, your internet connection is running out of capacity. But what can you do? Maybe you’re happy right now. But with streaming Netflix and YouTube and photo album downloading, and...the list goes on...all of this is putting severe strains on the cable TV and telephone companies. Their answer is usually to throttle the network or charge you more for usage. And yet when they do, there’s no guarantee they’ll increase capacity to your home. End result? You’re screwed.
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Fred is interviewed in this film, and you can get a good sense of what the film is about right here.
Mexico’s newest export to US may be water
Western states are looking south of the border for water to fill drinking glasses, flush toilets and sprinkle lawns, as four major U.S. water districts help plan one of two huge desalination plant proposals in Playas de Rosarito, about 15 miles south of San Diego. Combined, they would produce 150 million gallons a day, enough to supply more than 300,000 homes on both sides of the border.
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I gather that the plan is to put these desalination plants in Mexico so US corporations can avoid environmental regulations. On Fred Pilot's recommendation I just watched National Geographic's Collapse, a documentary on how and why our civilization may collapse. Just some light Sunday morning viewing. I have read a bunch of books about this, so it wasn't new material, but it is an excellent 90 minute summary of the situation we face. And of course we here in the US are busy debating evolution.
Banks turn to demolition of foreclosed properties to ease housing-market pressures - The Washington Post
The banks have even been footing the bill for the demolitions — as much as $7,500 a pop. Four years into the housing crisis, the ongoing expense of upkeep and taxes, along with costly code violations and the price of marketing the properties, has saddled banks with a heavy burden. It often has become cheaper to knock down decaying homes no one wants.
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Think about that.
‘Shadow inventory’ of homes could topple real-estate recovery - Business - MiamiHerald.com
Officially, there are 3.5 million homes for sale nationwide. But there are millions more lurking in the shadows — hidden neatly away on banks’ balance sheets, stalled in foreclosure court proceedings, or simply occupied by nonpaying owners as lenders wait months or years before taking action.
Read more: http://www.miamiherald.com/2011/10/15/v-fullstory/2456154/shadow-inventory-of-homes-could.html#ixzz1awa0ifi1
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Thanks to Fred Pilot for this link. This article documents what many people in the real estate industry are talking about among themselves. I spoke with one attorney Friday who said he thinks it will be seven years before housing prices start going up and construction of new homes takes off again. Check out the map that accompanies the article. It's perfect for Halloween--Attack of the Zombie Real Estate.
Two charged with stealing Lawrence County bridge
Police said that Benjamin Arthur Jones, 24, and Alexander William Jones, 25, used a torch to tear apart the Covert's Crossing Bridge late last month or early this month. The bridge had been in North Beaver Township since at least the early 1900s and was worth an estimated $100,000.
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Read more: http://www.postgazette.com/pg/11288/1182400-100.stm#ixzz1awT3uddW
There's a headline you don't see every day. The thing is, our infrastructure is in such a state of disrepair that it's hard to see how anybody could make a buck by stealing it.
Friday, October 14, 2011
Pa. parents of boy who needs shade sue over awning
The parents of a Pittsburgh boy who has health aversions to sunlight are suing their homeowners' association for permission to add a retractable awning to the front of their home.
Dan and Jaime Snyder's federal lawsuit says an awning would provide a shady place for 18-month-old Jonah to play. But the Summerset Neighborhood Association says awnings don't fit the designs of single-family homes in the plan.
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Awnings are popular on Pittsburgh area homes. In another less litigious time, a case like this would have been unimaginable.
Another Example of The Laws Just Ignored- Object to Powers of Attorney in All Foreclosure Cases….. | Matt Weidner - Candidate For The American People
Says foreclosure defense attorney Matt Weidner: "At some point in time I should just give up on thinking our laws in this country matter anymore because in the context of foreclosures, the laws are so violently and flagrantly ignored that we just might as well dispense with the whole fiction of a court process and just turn the homes over to the banks…..(Oh right, we’re already doing that in expedited foreclosure proceedings and there’s a HUGE move ahead to institutionalize this with the passage of Florida’s (un)Fair Foreclosure Act.)"
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That proposed law would bring non-judicial foreclosure to the state of Florida. I think NJF is a major league anti-consumer practice that should not be allowed, ever.
Clayton Cramer's Blog: Righthaven Pleading For Mercy
I look forward to the day that Righthaven's CEO, Steve Gibson, is held personally liable for the actions of Righthaven, loses his fancy car, his home, and all of his other assets. After all: that's what he was trying to do to others who innocently stumbled into the Righthaven scheme. I can't think of a more deserving lawyer.
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Clayton Cramer socks it to the Righthaven copyright trolls and those who lurk behind them. Thanks to Bill Davis for the link.
Thursday, October 13, 2011
Congresswoman Susan Davis Introduces Bill to Help Homeowners Avoid Foreclosure | California RealEstateRama
As homeowners in San Diego and across the nation continue to tangle with banks, Congresswoman Susan Davis (D-San Diego) introduced legislation to give people another tool to avoid foreclosure and the subsequent damage to the their credit rating. The Short Sale Transparency Act will require Fannie Mae and Freddie Mac to disclose the minimum asking price they are willing to accept for a short sale if the first offer is rejected.
“People deserve a real chance to avoid foreclosure. It is unfair to expect someone to complete a short sale instead of abandoning their home to foreclosure, if the banks don’t meet them half way,” said Davis. “So many homeowners are willing, even eager, to work with banks to get out from under the mortgage and protect their credit rating. But far too often, they find themselves in a guessing game as to what dollar amount will complete the sale.”
Barbara Lee, California Democratic Congressional Delegation Call on President Obama to Act on Housing | California RealEstateRama
Specifically, the letter calls on President Obama to:
· Urge the Federal Housing Finance Agency to establish a plan to refinance all mortgages owned or guaranteed by Fannie Mae and Freddie Mac.
· Push for a major principal reduction plan for underwater homeowners, such as modifications in coordination with Chapter 13 bankruptcy filings.
· Institute a “Homeowner’s Bill Of Rights” that would apply to HAMP, FHFA, HUD, VA and private servicer modification programs
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No kidding. This should have been done three years ago. We bailed out the banks, the insurance companies, and General Motors and the economy still won't get moving. If the debt overload in the housing market could be reduced it might help turn things around, and it would certainly relieve some of the misery.
Parsing U.S. Poverty at the Metropolitan Level - Up Front Blog - Brookings Institution
This is the study referenced in the post below. If you click the map you can see how far incomes dropped in the metro areas. Looking at this, I wonder how a pick-yourself-up-by-your-bootstraps message like some of the Republican presidential candidates (such as Perry, Bachmann, Gingrich, and Cain) are running could possibly play favorably.
Soaring Suburban Poverty Catches Communities Unprepared
Though cities still have nearly double the rate of poverty as suburban areas, the number of people living in poverty in the suburbs of major metropolitan areas increased by 53 percent between 2000 and 2010, as compared to an increase of 23 percent among city-dwellers, according to a Brookings Institution analysis of recently released census data. In 16 metropolitan areas, including Atlanta, Dallas and Milwaukee, the suburban poor has more than doubled over the last decade.
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I have been saying for a long time that the stereotype of rich suburbanites is greatly exaggerated. Suburbia is much more diverse, ethnically and economically, than many urban dwellers realize. Cities at least have some support institutions for the poor--suburbs typically have none. You are on your own.
Chris Tucker foreclosure: Chris Tucker's home in foreclosure in Central Florida - OrlandoSentinel.com
Tucker, 39, bought the 10,000-square-foot waterfront home on Lake Apopka in the pricey Bella Collina community in 2007 for $6 million but owes more than $4.4 million to SunTrust Bank, according to foreclosure papers filed in Circuit Court in Lake County.
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Things are tough all over.
Sharp rise in foreclosures as banks move in - Business - Real estate - msnbc.com
More U.S. homes are entering the foreclosure process, but they're taking ever longer to get sold or repossessed by lenders.
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This will make things even worse for the condo associations and HOAs, because (as I heard from yet another condo resident yesterday) banks frequently stiff the association if they buy up their own foreclosed properties at the sale. Like any owner, the banks are supposed to pay the assessments from the point of sale forward, but they often just refuse to do it. I have even heard of condo associations that foreclosed on the bank!
Another HOA activist website springs up in Nevada: HOA Corruption
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This site is the second new site this year on problems with Nevada HOAs. Early this year, HOA Busters appeared -- its name possibly inspired by the late Las Vegas HOA critic Phil "The Ghostbuster" Testa -- but the site is now apparently out of commission.
Oak Park looks at crackdown on distracted drivers - chicagotribune.com
If Oak Park enacts an outright ban on eating while driving, it might become one of the first in the nation to do so. Experts were unaware Wednesday of any community that has such a law.
Oak Park village trustee Colette Lueck, who is initiating the push against distracted driving, said she would like to ban drinking or applying makeup, in addition to eating and cellphone use.
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Oak Park is an ultra-liberal Chicago suburb that has banned guns, nuclear weapons, and the Boy Scouts. Now they are cracking down these idiots who try to drive while eating a Big Mac, drinking a latte, and talking on their cell phone.
Wednesday, October 12, 2011
HUD CHARGES UTAH HOMEOWNER ASSOCIATION, CONDO OWNERS WITH DISCRIMINATING AGAINST VETERAN WITH A DISABILITY | RealEstateRama
The U.S. Department of Housing and Urban Development (HUD) today announced it is charging a Park City, Utah homeowner association, property management company, and a group of condominium owners with violating the Fair Housing Act for refusing to accommodate a tenant who required an emotional support dog because of a disability. HUD brings the charges on behalf of the tenant, a Gulf War veteran with a disability.
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Thanks to Shu Bartholomew for this link. The pettiness of some HOA boards and managers never ceases to amaze me.
Tuesday, October 11, 2011
Take our roads -- please!
EATONTOWN— ParkerVillage residents have petitioned the borough to assume control of the development’s roads, a move that touched off a heated discussion at the Borough Council workshop meeting Oct. 5.
Bruce Friedman, the attorney representing Parker Village Homeowners Association, asked the council to support the dedication of the Parker Village roads to help reduce some of the costs residents must bear.
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Yet another privatopian enclave seeks relief from the burden of double taxation.
Monday, October 10, 2011
New law alters local-government bankruptcy process - latimes.com
Under the new law, written by Assemblyman Bob Wieckowski (D-Fremont), cities would have undergo an evaluation from a neutral third party or declare a fiscal emergency, stating it will default on its bills within 60 days before it can claim insolvency.
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This is the latest in the conflict between a number of California cities and the public employee unions. In Chapter Nine proceedings the cities can do away with the obligations of their contracts with the unions, and the threat of doing that has become a bargaining chip in negotiations. Thanks to Fred Pilot for the link.
Sunday, October 09, 2011
Could this time have been different? - The Washington Post
The stimulus was a bet that we could get out of this recession through the one path everyone can agree on: growth. The bet was pretty much all-in, and it failed. Reinhart and Rogoff are not particularly surprised. It’s hard to get through a debt-driven crisis without doing anything about, well, debt.
In our crisis, the “debt” in question is housing debt...
In late 2008, when the economy was cratering, Holtz-Eakin convinced McCain that the way out of a housing crisis was to tackle housing debt directly. “What we proposed at the time was to buy up the troubled mortgages, pay them off and let people refinance at the lower rates,” he recalls. “That would have filled up the negative equity and healed bank balance sheets.”
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But of course the politics of that proposal--the one that probably would have prevented the long-term catastrophe were are now living through--were "hideous." If you have time, read this. Ezra Klein has written the best single piece on why the economy is still in the ditch, despite everything the Obama administration has done, that has been published to date.