Sunday, October 28, 2012

Report Labels Indiana Toll Road an Intergenerational Cash Transfer

Report Labels Indiana Toll Road an Intergenerational Cash Transfer:
A College of William and Mary professor believes the toll road public-private partnerships currently in vogue among transportation bureaucrats may end up costing the public a great deal of money in the long run. John B. Gilmour makes the case in the journal Public Administration Review, using the Indiana Toll Road as an example.
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Yet more evidence that state and local governments need to be a whole lot more careful about privatization than they have been to date. The short term benefits, if any, may end up being outweighed by the long term costs.

Condos now missing $1 million in accounting scandal - Connecticut Post

Condos now missing $1 million in accounting scandal - Connecticut Post:
A Westport property management firm is facing more legal trouble in a widening accounting scandal and from fallout from a string of thefts at a Greenwich apartment complex.

This week, Community Association Underwriters of America Inc. filed a lawsuit against Consolidated Management Group, of Westport, and its former controller in an attempt to recover more than $1 million missing from the bank accounts of eight condominium associations that Consolidated manages.
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All these reports, and there are too many to even keep track of these days, demonstrate that people who own units in associations have to watch their BOD and property management firm very closely; that there is a need for governmental oversight of association finances; and that this form of privatization is in need of some serious study.

unique urban planning in denmark | one big photo

unique urban planning in denmark | one big photo
Fascinating design--thanks to Tom Besore for the link.

Condo association denies plagiarism, says MCO history 'not copyrighted' - Loop North News

Condo association denies plagiarism, says MCO history 'not copyrighted' - Loop North News:
Despite word-for-word duplication of two paragraphs from Marina City Online’s comprehensive history of Marina City to a 32-page soft-cover book recently published by Marina Towers Condominium Association, the condo association at Marina City denied wrongdoing late last week, claiming “MCO has not copyrighted” any of its text.
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This is an interesting situation. I don't know what happened in Marina City, but as a university professor who reads student work all the time, I have noticed that there is far more plagiarism than there was in the past, and at the same time there is an increasing sense among the people who do it that there is nothing wrong with it. When I point out to a student that they have cut and pasted language directly from a US Supreme Court opinion into their student brief, with no attribution or quotation marks, they seem baffled to hear that this is plagiarism. They think they did nothing wrong and that I am being picky and petty when I call them on it.  Why? I blame the ubiquity of the internet and the effortlessness that search engines like Google have introduced into the process of creating documents--which many people think is the same thing as writing.  I think it has become so easy to cut and paste text from online sources directly into documents that it seems normal and natural to many people.  They think they are writing when all they are doing is cutting and pasting.  The definition of "writing" seems to have gone through some Borg-like cultural metamorphosis in which authorship has been assimilated into the internet. But the definition of plagiarism hasn't changed, and in fact it is also easier to catch it now. So far, resistance is not futile.

Kansas City man lands in big house for embezzling from homeowners associations - Kansas City Business Journal

Kansas City man lands in big house for embezzling from homeowners associations - Kansas City Business Journal:
Dale Palmer, who owned Kansas City-based Home Owner Association Services, was sentenced to nearly four years in federal prison for embezzling from dozens of homeowners associations.
Palmer, 54, of Kansas City, faces 46 months without parole and an $825,937 restitution order. He pleaded guilty to mail fraud in February.
According to prosecutors, Palmer embezzled more than $750,000 from homeowners associations in Missouri, Kansas, Wisconsin and Illinois while he ran the property and account management service from July 2009 to March 2011.
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More embezzlement.  And yet the industry keeps right on claiming that no governmental oversight is needed.

Wednesday, October 24, 2012

Boonsboro, MD, woman sentenced for stealing HOA funds

Local News - AM 930 WFMD Online:
A woman who stole more than $137,000 from the Ballenger Creek Meadows Homeowners Association learned her fate on Tuesday. In Frederick County Circuit Court, Judge Ed Dwyer sentenced Nancy Walker, 63, to 15 years in jail, with all but 18-months suspended.
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There have been so many of these HOA/condo embezzlement cases in recent years that I have lost count. This one features an unusual claim: she says she needed the money for what looks like one of those Nigerian 419 scams. If this story is true (and it appears to be), it underscores the central problem at the core of this institution: great responsibilities are placed in the hands of people who too often are unqualified (intellectually, morally, or in some other way) to do what is expected of them. Imagine having your money controlled by somebody who would fall for this:

"As the investigation continued, according to the facts of the case, detectives contacted Walker, who said in April, 2011, she met a man on the Internet named David Mancini from West Virginia. She never met him in person but spoke with him over the phone. Authorities say Mancini told her that he was in a South African hospital, and needed money for medical expenses. She provided him with $50,000 from her own funds, and borrowed $30,000 from her sister. In November, 2011, Mancini contacted her and said he needed money to get out of jail in South Africa. Throughout this whole period, Mancini promised  he would pay her back...Investigators told Walker that the man they spoke with was an African male, not a Caucasian as the picture she had of him indicated. "She had been tricked," according to the facts of the case."


At Least 17 Waterville Valley Condo Groups Missing Funds | LoanSafe

At Least 17 Waterville Valley Condo Groups Missing Funds | LoanSafe: (Source: By Dave Solomon, The New Hampshire Union Leader, Manchester (MCT) WATERVILLE VALLEY —
At least 17 different condominium associations in the Waterville Valley area reported missing funds to local police last week, triggering a weekend search of the condo management company offices and an investigation that is likely to be turned over to the county attorney or attorney general for prosecution.

Waterville Valley Chief of Police David C. Noyes said the amount reported missing is “at least” in the tens of thousands of dollars. A search warrant was executed Saturday and Sunday, he said, at the offices of Stone Property Management, 35 Tecumseh Road.

“They do business with 28 different associations in town,” Noyes said. “Seventeen have come forward so far and made complaints.”
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Oops. Yet another one of those isolated instances. Nothing to see here--move along.

Tuesday, October 23, 2012

'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network

'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network:
"Late last week, it occurred to me that Kevin Judd, the mastermind behind a series of absolutely bananas synchronized light shows at/on his Riverside, Calif. home over the past several years, has been awfully quiet as of late."
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Guess why?  His HOA.

HalloweenLIghtShowPrimary-1.jpeg.png

Monday, October 22, 2012

HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC

HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC
This is from October 9. It seems that the legal challenges to HOA fees and fines has been underway for some time.  Investor owners (and now the Bank of America) are challenging the practices that lawyers for HOAs and condo associations have been using agains individual owners, who are unable to fight back properly.  Reporter Steve Green has been writing about it on Vegas, Inc.:


"The investors, represented by Las Vegas attorneys James Adams and Puoy Premsrirut, in recent years have sued hundreds of Nevada HOAs and their collection agencies in state and federal court and before the state Real Estate Division. The investors’ attorneys claim HOAs and their collection agencies regularly file inflated liens against foreclosed homes to recover not just excessive past-due monthly HOA assessments that accumulate while the homes sit vacant, but unauthorized collection costs for those assessments as well. The liens must be paid off for the investors and other buyers to obtain titles to the homes. The investors claim state law and sometimes HOA governing documents limit the liens to an amount equaling six or nine months of assessments depending on the circumstances."

B of A sues 28 Nevada HOAs, collection agencies in lien dispute - VEGAS INC

B of A sues 28 Nevada HOAs, collection agencies in lien dispute - VEGAS INC
Here's another story on what could be a blockbuster lawsuit filed by Bank of America against 28 HOAs and other defendants.  I am looking for a copy of the complaint.

"The bank filed suit Tuesday in Clark County District Court charging that state law limits the ''super-priority" first-position liens that HOAs can place against homes to an amount equal to nine months of HOA assessments -- but that the HOAs are "improperly'' filing liens demanding payment of attorney's fees and collection costs on top of that.These liens typically cover unpaid HOA assessments that accumulate while homes in foreclosure sit vacant, as well as costs to collect those unpaid bills. Charges that the HOAs and their bill collectors have been inflating the liens are pending in numerous lawsuits, with many attorneys expecting the Nevada Supreme Court or the Legislature to ultimately decide what limits should be placed on the liens..."The court should issue a judicial declaration establishing an association's super-priority lien does not include attorney's fees or collection costs. Under the plain language of (state law), only nine months of regular, budgeted common assessments are included in the super-priority amount," the suit says."

Bank of America sues Nevada homeowner associations over excessive fees and fines - www.ktnv.com

Bank of America sues Nevada homeowner associations - www.ktnv.com:
A North Las Vegas home that Realtor Ryan Melvin has been trying to short sell is a prime example of why Bank of America is suing HOAs across Nevada.

"This has the collection fees of almost $1500. The violations and fines of $14,500."

Almost $16,500. Mostly for fines over weeds, trash, and pine needles. All at a home that Melvin's clients moved out of and were trying to short sell with B of A.
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Activists have been screaming about bogus fees and fines for decades, but they don't have the means to go to war over it. But now the nation's largest banks are major owners of HOA/condo units.  That means the lawyers and managers who have been the real powers in privatopia suddenly have to go up against the big dogs in the meat locker, instead of individual owners who can't afford a lawyer.   And that could lead to some major changes in the way associations do business.

Thanks to Rodney Gray for publicizing this story.

Sunday, October 21, 2012

Suspect in Ky. HOA shooting: 'I had to kill them' - SFGate

Suspect in Ky. HOA shooting: 'I had to kill them' - SFGate:
That evening, Hindi said, he took a loaded gun and spare bullets to the meeting, but didn't shoot anyone immediately because he was waiting for an opportunity to address his issues with the homeowners' association.

Hindi said he felt ignored for about 30 minutes and wasn't given a chance to speak, so he took the gun from his brief case and set it in his lap.

"I stood up and shot Mr. Merritt that way. He was sitting," Hindi said. "And, then ... I turned to Mr. Fisher and shot him also. This is exactly what I had in mind ... If they were not going to talk like human beings, I was going to shoot them."
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And now the prosecutors are deciding whether to seek the death penalty for what Hindi admits was a premeditated murder of two people.  Despite the fact that he has given a detailed confession, it is highly unlikely that he will be executed. Only one person has been involuntarily executed in Kentucky since the death penalty was reinstated in 1976. The other two people who were executed volunteered to be put to death.

Saturday, October 20, 2012

Apollo Beach man fatally shot in confrontation often riled neighbors - Tampa Bay Times

Apollo Beach man fatally shot in confrontation often riled neighbors - Tampa Bay Times

According to the court filing, Gallik wore a sign around his neck that read, "Death to Southshore Falls." He bathed outside, ran a generator, hung wet clothes in the front yard, solicited donations of food from neighbors and threatened a neighbor to get electricity for his computer, records show.

The filing also paints a tense picture of Gallik's relationship with his neighbors.
He threatened them, posted "foul and offensive" signs, allowed his dog to defecate on the street and verbally abused neighbors to the point that they called the sheriff's office.

In the filing, the association sought to make Gallik comply with HOA rules and pay fees to bring his home up to code.
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Another fatal shooting in Privatopia involving an HOA resident at odds with the HOA.

Wednesday, October 17, 2012

California city bans smoking in multi-family homes | Reuters

California city bans smoking in multi-family homes | Reuters:
A San Francisco suburb on Monday banned smoking in duplexes, condominiums and other multi-family homes, with city leaders saying they hoped to lead a wave of such regulations across California and ultimately the country.

The City Council in San Rafael, a community of 57,000 people about 15 miles north of San Francisco, voted unanimously for the ban, following a handful of other California municipalities that have outlawed smoking in buildings with as few as two units.
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Thanks to Mystery Reader for this link.  Lawsuits over infiltration of second hand smoke from one unit into others are becoming common. Then came condo and apartment rules banning smoking, and now municipal ordinances.

Monday, October 15, 2012

Pink Playhouse Owner Ecstatic after Learning Lawsuit was Dismissed | NBC Augusta 26

Pink Playhouse Owner Ecstatic after Learning Lawsuit was Dismissed | NBC Augusta 26: COLUMBIA COUNTY, Ga. -- It's a lawsuit that received national attention after our first story aired.

A grandmother was being sued by her neighborhood Homeowners Association over the color of her granddaughter's playhouse.

The HOA said it was an out building and she had to have permission.

Becky Rogers Peck tells us she was excited and shocked to find out the lawsuit had been dismissed and one of the first things she did was tell her grand-daughter Aubree.
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Pink prevails in this privatopian enclave.

HOA battle: Pine Village North homeowner's association fight moves to downtown Houston courthouse | abc13.com

HOA battle: Pine Village North homeowner's association fight moves to downtown Houston courthouse | abc13.com: HOUSTON (KTRK) -- A group of neighbors is taking their homeowner's association to court. They say residents are paying up but not seeing results, and now they want to know what happened to hundreds of thousands of dollars.
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Trouble in Privatopia.  Film at 10.

Fed actions to reduce mortgage rates may be helping banks more than borrowers

http://www.washingtonpost.com/business/economy/booming-banks-say-consumers-may-not-see-lower-mortgage-rates/2012/10/12/21b86456-1473-11e2-bf18-a8a596df4bee_story.html?socialreader_check=0&denied=1


JPMorgan Chase and Wells Fargo, the nation’s largest mortgage lenders, said Friday they won’t make home loans much cheaper for consumers, even as they reported booming profits from that business.

Those bottom lines have been padded by federal initiatives to stimulate the economy. The Federal Reserve is spending $40 billion a month to reduce mortgage rates to encourage Americans to buy homes. Instead, its policies may be generating more benefits for banks than borrowers...The reason why mortgage bankers are seeing so much green is that the gap has widened between what banks charge a homeowner in interest rates and what they must pay those who finance mortgage lending. The latter has dropped significantly, largely as a result of the Fed’s actions, analysts said.
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Take, take, take.  And after all this kid glove treatment, all they do is complain about over-regulation.

Sunday, October 14, 2012

New Fannie Mae rules make it tougher to qualify for mortgage - Chicago Tribune

Andrew  J. Wilson, Fannie Mae's 

director of media and external relations, explained some of the changes:
Q: What's happening for condo buyers?
A: We're bringing out a new version of our automated underwriting system, called Desktop Underwriter. These rules apply to lenders who use that system to qualify borrowers for loans under Fannie Mae guidelines. Currently, if you're buying a condo with less than 10 percent down, you'll have to fill out a questionnaire about the homeowners association's financials and provide information about its reserves. In the new rules, you'll have to do this if you're putting less than 20 percent down.
Q: What's Fannie Mae looking for from the homeowners association (HOA)?
A: It's asking these things to have greater confidence in the stability of the homeowners association. The lender would be expected to review the (HOA's) budget, including individual line items, income and expenses. This full review is to determine whether or not replacement reserves and can be funded and if insurance deductiblesinsurance deductibles are funded. (The broader requirement) speaks to making sure the homeowner's association has the ability to maintain and insure the property — and whether or not we would want to be buying the loans.
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Dale McFeatters: Millennials, the cheapest generation � Abilene Reporter-News

Dale McFeatters: Millennials, the cheapest generation � Abilene Reporter-News: And the Millennials seemed to have inherited their ancestors' philosophy of consumption: Mend it; make do; or do without. Worse yet, some Millennials who went astray are moving back to the cities.

This is so un-American. Our economy depends on people moving into the suburbs and deciding to move up to a riding mower.

An entire cohort of our countrymen cannot identify the terms "Turf Builder," "homeowners' association" and "allow extra time for your commute."
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HOAs (except the condo variety) appear slated to be a victim of socio-economic change.