URI leader defends prof's NRA remark as protected speech | First Amendment Center – news, commentary, analysis on free speech, press, religion, assembly, petition:
The president of the University of Rhode Island has issued a statement supporting the right of a professor to express his views after he called for the National Rifle Association CEO’s “head on a stick.”
President David Dooley’s comments on Dec. 23 came after a statement last week in which Dooley distanced the university from a posting on Twitter by history professor Erik Loomis. Loomis wrote the post on Dec. 14, the day 20 children and six adults were killed by a gunman using a semi-automatic weapon inside a Newtown, Conn., elementary school.
“I was heartbroken in the first 20 mass murders. Now I want Wayne LaPierre’s head on a stick,” Loomis wrote. LaPierre is the chief executive of the NRA, the nation’s largest gun-rights lobby.
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This professor doesn't have tenure. Gun nuts tried to get him fired after he made the "head on a stick" comment on Twitter. As with the Michael Mann lawsuit against National Review Online (see below), this situation raises some interesting issues about how freedom of expression and academic freedom operate with highly-charged political issues that play out across the internet. The editorial function is either absent or involves less time for deliberation, so things are often "published" that in years past might have been edited out. And now instead of a daily news cycle, we have instant reverberations across social media platforms.
Thursday, December 27, 2012
Michael Mann v. National Review Online
his will be an interesting lawsuit to watch. Penn State climate change scientist and Nobel Laureate Michael Mann is suing National Review Online, the Competitive Enterprise Institute, and right wing "journalists" Marc Steyn and Rand Simberg for defamation. They accused him of academic fraud for his work on climate change and basically compared him to Penn State child molester Jerry Sandusky. The price of climate change denial just went up. Mann is represented by Cozen O'Connor. It isn't fun to be sued by those folks. NRO is already doing online begging for money.
And it is worth noting that internet posts accusing other people of crime, fraud, and other moral failings are risky propositions these days.
Florida homeowners foreclosing on banks - Dec. 26, 2012
Florida homeowners foreclosing on banks - Dec. 26, 2012:
"Hundreds of homeowners and condo associations are foreclosing on banks that have failed to pay dues and other expenses on the properties they've repossessed."
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Banks have this unfortunate habit of foreclosing on a condo or HOA unit and not paying the monthly assessments. Why should they be treated differently than any other delinquent owner?
"Hundreds of homeowners and condo associations are foreclosing on banks that have failed to pay dues and other expenses on the properties they've repossessed."
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Banks have this unfortunate habit of foreclosing on a condo or HOA unit and not paying the monthly assessments. Why should they be treated differently than any other delinquent owner?
Monday, December 24, 2012
Clay Twp. basin topic of Thursday meeting - News
Clay Twp. basin topic of Thursday meeting - News: At the meeting, the letter states, a homeowners' association will be established and members elected. The association will then take over care and maintenance of the stormwater basin.
That doesn't sit well with David Martin and some of his neighbors.
"This really should go to Clay Township, and they should be responsible," said Martin, whose Foggy Bottom Road home is a stone's throw from the basin. "We pay them through our taxes to take care of property like this."
Usually.
But in the case of Wildflower Pond, buyers purchasing houses in the development signed an agreement that a homeowners' association would be formed.
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Welcome to Privatopia, where you render taxes to both public and private governments. And don't ask the former to bear the cost of maintaining retention basins and repairing deteriorating thoroughfares and sinkholes. After all, you agreed that's not their responsibility, didn't you?
That doesn't sit well with David Martin and some of his neighbors.
"This really should go to Clay Township, and they should be responsible," said Martin, whose Foggy Bottom Road home is a stone's throw from the basin. "We pay them through our taxes to take care of property like this."
Usually.
But in the case of Wildflower Pond, buyers purchasing houses in the development signed an agreement that a homeowners' association would be formed.
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Welcome to Privatopia, where you render taxes to both public and private governments. And don't ask the former to bear the cost of maintaining retention basins and repairing deteriorating thoroughfares and sinkholes. After all, you agreed that's not their responsibility, didn't you?
Man's rough month includes homeowners association fight | Local News - KMBC Home
Man's rough month includes homeowners association fight | Local News - KMBC Home: KANSAS CITY, Mo. —Just days before Christmas and days after the death of his granddaughter, a Johnson County man had his bank account seized by his homeowners association for being behind on his dues.
We're broke," said Sam Marsala. "We're terribly in the hole. That's all I can say."
According to court records, Marsala's bank account was garnished five days ago. He said he thinks he owes his homes association about $4,300 in back dues, money it uses to maintain the swimming pool, landscaping and trash pickup.
"I'm not going to deny that I owe them some money," he said.
Marsala said he's an electrical engineer, but his business in the solar industry hasn't been very good for several years. He's also taking care of his granddaughter, Fiona, who was born two years ago with a rare, terminal form of epilepsy.
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So much for the quaint notion that HOA private government is less impersonal and bureaucratic and fosters community. HOAs want their money just as much as the county tax assessor --- regardless of whether it's Christmas or the Fourth of July.
We're broke," said Sam Marsala. "We're terribly in the hole. That's all I can say."
According to court records, Marsala's bank account was garnished five days ago. He said he thinks he owes his homes association about $4,300 in back dues, money it uses to maintain the swimming pool, landscaping and trash pickup.
"I'm not going to deny that I owe them some money," he said.
Marsala said he's an electrical engineer, but his business in the solar industry hasn't been very good for several years. He's also taking care of his granddaughter, Fiona, who was born two years ago with a rare, terminal form of epilepsy.
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So much for the quaint notion that HOA private government is less impersonal and bureaucratic and fosters community. HOAs want their money just as much as the county tax assessor --- regardless of whether it's Christmas or the Fourth of July.
Summit Combined Housing Authority to help with special assessments in 2013 | SummitDaily.com
Summit Combined Housing Authority to help with special assessments in 2013 | SummitDaily.com: The special assessment program was created from the remains of a down payment assistance loan program, which is being discontinued because many lenders would not approve the funds.
The money from that program has been rolled over to create the special assessment loan program.
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Now loans will be offered to defer capital expenses in Privatopia.
The money from that program has been rolled over to create the special assessment loan program.
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Now loans will be offered to defer capital expenses in Privatopia.
Sunday, December 23, 2012
Turf war: Homeowners called before their association’s board for installing an artificial lawn
Turf war: Homeowners called before their association’s board for installing an artificial lawn: The couple is only saving around $250 per year in watering costs, because they also have shrubs, flowers, rose bushes and trees in the middle of their lawn, those landscape features still require watering, Dawn said.
But now, the DeVine-Pelt couple said they have been called before their HOA’s board on Jan. 8 to discuss the installation of the lawn. And, it’s possible they could be ordered to remove the lawn if the board does not give post-installation approval, she said.
“I thought that Santa Clarita was water-wise friendly,” Dawn said.
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Maybe it is. But thanks to policies favoring the establishment of another (private) layer of local government, property owners must contend with another regulatory regime.
Thursday, December 20, 2012
Couple plans to fight fines, keep Christmas decorations up | Westmoreland Co. News - WTAE Home
“I was raised with a family that always decorated and you looked forward to the holidays to drive up and see the lights,” said Eric Rehak.
“I don't see anything wrong with decorating. It makes me happy. It makes the neighbors happy. Kids come by,” said Mary Rehak.
The property manager in the development changed the rules for Christmas displays, allowing residents to use only white lights.
Multicolored lights and more than one stand-alone figure are prohibited.
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Happy holidays from Privatopia, and may all your Christmas lights be white. Film at 10 on WTAE, Pittsburgh.
Saturday, December 15, 2012
CDC: Secondhand smoke from neighbors dangerous
CDC: Secondhand smoke from neighbors dangerous:
"According to a new report released by the Centers for Disease Control and Prevention (CDC), even if you're not a smoker, living in a multi-unit residence could put you at risk for cigarette smoke exposure."
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This is becoming an increasing source of conflict among people living in condominiums buildings. If there are enough complaints, condo boards and even city councils may ban smoking in multi-family residences. One example: San Rafael, California, where smoking in apartments and condos is banned.
http://articles.nydailynews.com/2012-10-16/news/34505361_1_secondhand-smoke-san-rafael-ban
"According to a new report released by the Centers for Disease Control and Prevention (CDC), even if you're not a smoker, living in a multi-unit residence could put you at risk for cigarette smoke exposure."
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This is becoming an increasing source of conflict among people living in condominiums buildings. If there are enough complaints, condo boards and even city councils may ban smoking in multi-family residences. One example: San Rafael, California, where smoking in apartments and condos is banned.
http://articles.nydailynews.com/2012-10-16/news/34505361_1_secondhand-smoke-san-rafael-ban
Friday, December 14, 2012
U.S. states inch closer to pre-recession prosperity - Yahoo! News
U.S. states inch closer to pre-recession prosperity - Yahoo! News:
WASHINGTON (Reuters) - U.S. states are coming close to the end of a three-year trek back to the financial prosperity they enjoyed before the recession, according to a survey released on Friday that found the recovery is slow and uneven.
The National Association of State Budget Officers and National Governors Association found that total state spending will likely rise 2.2 percent this fiscal year from last, while general fund revenues grow 3.9 percent to $692.8 billion.
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More good news.
WASHINGTON (Reuters) - U.S. states are coming close to the end of a three-year trek back to the financial prosperity they enjoyed before the recession, according to a survey released on Friday that found the recovery is slow and uneven.
The National Association of State Budget Officers and National Governors Association found that total state spending will likely rise 2.2 percent this fiscal year from last, while general fund revenues grow 3.9 percent to $692.8 billion.
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More good news.
Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators - The State of NoVa - The Washington Post
Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators - The State of NoVa - The Washington Post:
"In Reston, there is a condominium complex called Shadowood that has written itself into Virginia history. For years, the Shadowood Condominium Association imposed fees for things like calling the management office or having the wrong color blinds. It towed tenants’ cars for unpaid fees — on the day before Thanksgiving. It turned off the heat or air conditioning to apartments of owners who were in arrears or in violation of its many rules.
"Last year, a Fairfax County judge permanently enjoined Shadowood from doing any of that stuff. The association appealed to the state Supreme Court, using its own members/victims’ money to pay its lawyers. This summer they lost there too, enshrining Shadowood in Virginia law under the concept that you can’t make up rules and impose fees if they are not in the development’s original master deed. That ruling has earth-shaking consequences for thousands of condo associations across the state, real estate lawyers say."
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This is a long and detailed blog post that tells the horrifying story of a Reston condo association with some major governance problems. It is a good read for the people who keep saying that association governance is no worse than municipal governance. You have to consider the lack of oversight and institutional support for private governments. Thanks to Shu Bartholomew for the link.
"In Reston, there is a condominium complex called Shadowood that has written itself into Virginia history. For years, the Shadowood Condominium Association imposed fees for things like calling the management office or having the wrong color blinds. It towed tenants’ cars for unpaid fees — on the day before Thanksgiving. It turned off the heat or air conditioning to apartments of owners who were in arrears or in violation of its many rules.
"Last year, a Fairfax County judge permanently enjoined Shadowood from doing any of that stuff. The association appealed to the state Supreme Court, using its own members/victims’ money to pay its lawyers. This summer they lost there too, enshrining Shadowood in Virginia law under the concept that you can’t make up rules and impose fees if they are not in the development’s original master deed. That ruling has earth-shaking consequences for thousands of condo associations across the state, real estate lawyers say."
--------------
This is a long and detailed blog post that tells the horrifying story of a Reston condo association with some major governance problems. It is a good read for the people who keep saying that association governance is no worse than municipal governance. You have to consider the lack of oversight and institutional support for private governments. Thanks to Shu Bartholomew for the link.
NAHB: Apartment and Condominium Market Remains Steady in Third Quarter
NAHB: Apartment and Condominium Market Remains Steady in Third Quarter:
December 6, 2012 - The Multifamily Production Index (MPI), released by the National Association of Home Builders (NAHB) today, remained steady with an index level of 52. It is the third straight quarter with a reading over 50.
The MPI, which measures builder and developer sentiment about current conditions in the apartment and condominium market on a scale of 0 to 100, was essentially unchanged in the third quarter, only dropping two points from 54 in the second quarter.
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There are positive signs in some places. Here in the Chicago area things are still stalled. Some blame that on the slow pace of foreclosure cases, but I think a number of factors are involved.
December 6, 2012 - The Multifamily Production Index (MPI), released by the National Association of Home Builders (NAHB) today, remained steady with an index level of 52. It is the third straight quarter with a reading over 50.
The MPI, which measures builder and developer sentiment about current conditions in the apartment and condominium market on a scale of 0 to 100, was essentially unchanged in the third quarter, only dropping two points from 54 in the second quarter.
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There are positive signs in some places. Here in the Chicago area things are still stalled. Some blame that on the slow pace of foreclosure cases, but I think a number of factors are involved.
Thursday, December 13, 2012
CHICAGO: Levenfeld Pearlstein Mourns Loss of Mark D. Pearlstein | Business Wire | Rock Hill Herald Online
CHICAGO: Levenfeld Pearlstein Mourns Loss of Mark D. Pearlstein | Business Wire | Rock Hill Herald Online:
CHICAGO — The Levenfeld Pearlstein family, together with the greater Illinois legal community, are mourning the loss of Mark D. Pearlstein, 64, who died on December 11 following an extended illness.
Mr. Pearlstein was co-founder of Levenfeld Pearlstein, and was well-known for his contributions to the legal community, especially in the area of community association law. He focused his practice on representing community associations and developers.
His proudest moment as an attorney was the adoption of the law he primarily drafted--known as the Community Association Manager Licensing Act--a statute in Illinois meant to regulate and license property managers. The law, which took him about six years to finalize, was a great accomplishment; it established a code of professionalism among property owners and managers.
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Mark was not only one of the best community association lawyers in the country. He was also a terrific human being who genuinely cared about the rights of owners. In one case that I know of, he served as an expert witness on behalf of an owner in a case over the right to inspect association records. A whole lot of people will miss him--including me.
CHICAGO — The Levenfeld Pearlstein family, together with the greater Illinois legal community, are mourning the loss of Mark D. Pearlstein, 64, who died on December 11 following an extended illness.
Mr. Pearlstein was co-founder of Levenfeld Pearlstein, and was well-known for his contributions to the legal community, especially in the area of community association law. He focused his practice on representing community associations and developers.
His proudest moment as an attorney was the adoption of the law he primarily drafted--known as the Community Association Manager Licensing Act--a statute in Illinois meant to regulate and license property managers. The law, which took him about six years to finalize, was a great accomplishment; it established a code of professionalism among property owners and managers.
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Mark was not only one of the best community association lawyers in the country. He was also a terrific human being who genuinely cared about the rights of owners. In one case that I know of, he served as an expert witness on behalf of an owner in a case over the right to inspect association records. A whole lot of people will miss him--including me.
Christmas sign runs afoul of rules in Pasco neighborhood | Local News | Tri-CityHerald.com
Christmas sign runs afoul of rules in Pasco neighborhood | Local News | Tri-CityHerald.com:
"To me, if the message is OK, they should be saying, "Rejoice! Jesus is the reason for the season. Amen," Meeker told the Herald. But the development's homeowners association disagreed and told Meeker, who moved in last year, that his sign is larger than the 2-foot by 2-foot dimensions allowed in the standards agreed to by all of the 215 homeowners in the development.
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"To me, if the message is OK, they should be saying, "Rejoice! Jesus is the reason for the season. Amen," Meeker told the Herald. But the development's homeowners association disagreed and told Meeker, who moved in last year, that his sign is larger than the 2-foot by 2-foot dimensions allowed in the standards agreed to by all of the 215 homeowners in the development.
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Wednesday, December 12, 2012
Registration required
Folks--from now on people who wish to comment will need to register with some sort of name or pseudonym. The current "anonymous" chaos makes it impossible for people to reply to each other.
Ditto! Tired of trying to compete with her neighbor's elaborate Christmas lights display an Arizona woman devises a simple but effective solution | Mail Online
Monday, December 10, 2012
Patterson Irrigator - Homeowners group controller charged with embezzling nearly 1 M
Patterson Irrigator - Homeowners group controller charged with embezzling nearly 1 M: As controller for M & C, which provided association management and developer services to community associations in Northern California, Barna was responsible for the company’s account and collections departments, prosecutors said.
U.S. Magistrate Judge Kendall J. Newman released Barna on a $200,000 bond during his initial appearance Nov. 28 and ordered him to appear for a status conference Jan. 14 before Senior U.S. District Judge William B. Shubb.
M & C officials said they immediately terminated Barna’s employment when they learned in June 2011 that he had taken a large sum of money from the company, including funds from the Diablo Grande homeowners association and a handful of other homeowners groups.
Carol Piering, spokeswoman for Associa, said this week that M & C has conducted both internal and external audits since Barna was dismissed
U.S. Magistrate Judge Kendall J. Newman released Barna on a $200,000 bond during his initial appearance Nov. 28 and ordered him to appear for a status conference Jan. 14 before Senior U.S. District Judge William B. Shubb.
M & C officials said they immediately terminated Barna’s employment when they learned in June 2011 that he had taken a large sum of money from the company, including funds from the Diablo Grande homeowners association and a handful of other homeowners groups.
Carol Piering, spokeswoman for Associa, said this week that M & C has conducted both internal and external audits since Barna was dismissed
'Jesus is the reason for the season' sign sparks controversy | Local & Regional | KIMA CBS 29 - News, Weather and Sports - Yakima, WA
'Jesus is the reason for the season' sign sparks controversy | Local & Regional | KIMA CBS 29 - News, Weather and Sports - Yakima, WA: Covenants for Mediterranean Villas, off Broadmoor, say signs can't be more than two-feet by two-feet. This one is six-feet by three-and-a-half feet.
Homeowner Tim Meeker believes it's not about the size, it's about the message. He told KEPR he will not take it down, even with the threat of fines.
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More perennial Christmas season controversy in Privatopia. Film at 10.
Homeowner Tim Meeker believes it's not about the size, it's about the message. He told KEPR he will not take it down, even with the threat of fines.
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More perennial Christmas season controversy in Privatopia. Film at 10.
Sunday, December 09, 2012
Family gets to keep lights display after HOA struggle | The Coloradoan | coloradoan.com
Family gets to keep lights display after HOA struggle | The Coloradoan | coloradoan.com: Upon approaching the Buffalo Creek subdivision in Wellington, you can almost feel the glow of Christmas spirit — a glow that was nearly snuffed out last year when a homeowners association tried to put a stop to one household’s Christmas decorations.
The display at 3208 Iron Horse Way is “admittedly grandiose,” with nearly 100 handmade Christmas decorations, including a Christmas town, a full Santa and reindeer set, three additional reindeer, 12 handmade trees and a train set — and a wide array of LED lights (a new upgrade this year in an attempt to be more energy responsible) donning its gables.
The display at 3208 Iron Horse Way is “admittedly grandiose,” with nearly 100 handmade Christmas decorations, including a Christmas town, a full Santa and reindeer set, three additional reindeer, 12 handmade trees and a train set — and a wide array of LED lights (a new upgrade this year in an attempt to be more energy responsible) donning its gables.
Fannie, Freddie place evictions on hold for the holidays - chicagotribune.com
Fannie, Freddie place evictions on hold for the holidays - chicagotribune.com:
WASHINGTON (Reuters) - Fannie Mae and Freddie Mac said on Monday they would provide a break for borrowers facing foreclosure to ensure those having problems making monthly mortgage payments will remain in their homes during the holidays.
Fannie Mae said its eviction moratorium would apply to single-family homes and two- to four-unit properties from December 19 through January 2, 2013. Freddie Mac said it would offer the suspension from December 17 through January 2, 2013.
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An even bigger Christmas present would be to write down the principal on the loans that are more than x% underwater
WASHINGTON (Reuters) - Fannie Mae and Freddie Mac said on Monday they would provide a break for borrowers facing foreclosure to ensure those having problems making monthly mortgage payments will remain in their homes during the holidays.
Fannie Mae said its eviction moratorium would apply to single-family homes and two- to four-unit properties from December 19 through January 2, 2013. Freddie Mac said it would offer the suspension from December 17 through January 2, 2013.
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An even bigger Christmas present would be to write down the principal on the loans that are more than x% underwater
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