Homeowners Associations Are Short on Cash
Indeed they are.
Friday, March 28, 2014
Thursday, March 27, 2014
Drought battle focuses on homeowner rules, meters | UTSanDiego.com
Drought battle focuses on homeowner rules, meters | UTSanDiego.com
"With California in the grips of a prolonged dry spell, state lawmakers are looking to grant members of homeowner associations the freedom to plant drought-resistant landscaping without the fear of fines. One cornerstone bill cleared its first hurdle Wednesday when the Assembly Committee on Housing and Community Development approved legislation carried by Assemblywoman Lorena Gonzalez, D-San Diego. Her bill seeks to override some homeowner association (HOA) regulations that effectively require residents to keep lawns and other water-guzzling landscapes pristine — even during dry spells. “Homeowners who install plants that are less water-intensive should not be penalized for recognizing California’s water crisis and proactively conserving,” Gonzalez told the committee."
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Of course, CAI is against it. Unbelievable. Absolutely unbelievable.
"With California in the grips of a prolonged dry spell, state lawmakers are looking to grant members of homeowner associations the freedom to plant drought-resistant landscaping without the fear of fines. One cornerstone bill cleared its first hurdle Wednesday when the Assembly Committee on Housing and Community Development approved legislation carried by Assemblywoman Lorena Gonzalez, D-San Diego. Her bill seeks to override some homeowner association (HOA) regulations that effectively require residents to keep lawns and other water-guzzling landscapes pristine — even during dry spells. “Homeowners who install plants that are less water-intensive should not be penalized for recognizing California’s water crisis and proactively conserving,” Gonzalez told the committee."
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Of course, CAI is against it. Unbelievable. Absolutely unbelievable.
Wednesday, March 26, 2014
Dade City HOA loses suit, can’t charge for legal fees
Dade City HOA loses suit, can’t charge for legal fees
"DADE CITY — The neighborhood at the center of a costly dispute over wheelchair accessto its homeowners association meetings has no legal authority to assess homeowners for its mounting legal bills, a Pasco County judge has ruled.
Judge William Sestak agreed with three Bayhead Landings homeowners that the association board failed to follow its own procedures for extending the neighborhood deed restrictions in 2010. He issued a court order Monday ruling that the deed restrictions and covenants expired three years ago."
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Tuesday, March 25, 2014
Dade City HOA loses suit, can’t charge for legal fees
Dade City HOA loses suit, can’t charge for legal fees: The association’s legal bills reached “upwards of $70,000,” according to a letter signed by all three board members. The board passed a special assessment, charging property owners thousands of dollars to pay the legal bills.
DiCiollo said he paid the first two assessments, but when the board passed a third special assessment, he asked for documentation of the expenses. “We can’t get our hands on these billings,” he said. “Every time I ask to see them, the board members say it’s attorney-client privilege.”
That’s when he and two other homeowners sought to have the community association disbanded by the court.
In his final order, Sestak wrote that he could find “no genuine issues to any material fact” that Bayhead Landings used an improper method to extend its deed restrictions, as alleged, before they were set to expire on Jan. 1, 2011. “Thus the deed restrictions were not properly extended and have expired.”
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Sorry, the judge rules. You're on your own for attorneys fees. The CC&Rs have reached their "use by" date.
DiCiollo said he paid the first two assessments, but when the board passed a third special assessment, he asked for documentation of the expenses. “We can’t get our hands on these billings,” he said. “Every time I ask to see them, the board members say it’s attorney-client privilege.”
That’s when he and two other homeowners sought to have the community association disbanded by the court.
In his final order, Sestak wrote that he could find “no genuine issues to any material fact” that Bayhead Landings used an improper method to extend its deed restrictions, as alleged, before they were set to expire on Jan. 1, 2011. “Thus the deed restrictions were not properly extended and have expired.”
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Sorry, the judge rules. You're on your own for attorneys fees. The CC&Rs have reached their "use by" date.
Sunday, March 23, 2014
Are the Suburbs Making People Live Paycheck to Paycheck? - Matthew O'Brien - The Atlantic
Are the Suburbs Making People Live Paycheck to Paycheck? - Matthew O'Brien - The Atlantic
Interesting analysis that points toward conclusion that people buy more house than they can afford because they want to live in certain school districts. It also could explain why HOA assessments go unpaid when money gets tight.
Interesting analysis that points toward conclusion that people buy more house than they can afford because they want to live in certain school districts. It also could explain why HOA assessments go unpaid when money gets tight.
Thursday, March 20, 2014
Cars must go in garage, judge says : Lincoln, NE Journal Star
Cars must go in garage, judge says : Lincoln, NE Journal Star: When the tow truck driver hoisted Matt Catlett's BMW onto his truck one summer day in 2012, he didn't know it, but he'd driven into the middle of a brewing feud.
Catlett, a Lincoln lawyer, didn't park somewhere he shouldn't have on a Husker game day. Nor did he forget to feed a meter.
He parked in his own driveway.
That violated a Bishop Square Inc. covenant, and the homeowners association for the townhouse development just south of the Country Club of Lincoln called for the tow truck.
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Lawyer trapped in Privatopian web of CC&Rs. The good counselor vows to continue fighting on appeal.
Catlett, a Lincoln lawyer, didn't park somewhere he shouldn't have on a Husker game day. Nor did he forget to feed a meter.
He parked in his own driveway.
That violated a Bishop Square Inc. covenant, and the homeowners association for the townhouse development just south of the Country Club of Lincoln called for the tow truck.
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Lawyer trapped in Privatopian web of CC&Rs. The good counselor vows to continue fighting on appeal.
Wednesday, March 19, 2014
Monday, March 17, 2014
Condo association tries to make cancer survivor remove pink ribbon | Odd News - Yahoo News
Condo association tries to make cancer survivor remove pink ribbon | Odd News - Yahoo News: 16 years ago, Naples, Florida resident Linda Karp successfully overcame her breast cancer diagnosis. Since then, the pink ribbon has been a symbol of great importance and meaning to her, so she displays it in the window of her home. Apparently, the homeowners association of Regent Park does not care for that, according to WFTX FOX 4 News .
Linda, who has been renting the home she lives in for the last three years, says she was told the pink ribbon violates the rules. Those rules don’t make sense to her. She told WFTX, “I'm not offending anyone. My neighbors are all supportive of breast cancer [sic]. I don't know why they’re not." On top of that, the ribbon is actually inside Ms. Karp’s home, affixed to the, “inside of [Linda’s] entryway.”
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More bad press for Privatopia. Film at 10 on WFTX FOX 4 News.
Linda, who has been renting the home she lives in for the last three years, says she was told the pink ribbon violates the rules. Those rules don’t make sense to her. She told WFTX, “I'm not offending anyone. My neighbors are all supportive of breast cancer [sic]. I don't know why they’re not." On top of that, the ribbon is actually inside Ms. Karp’s home, affixed to the, “inside of [Linda’s] entryway.”
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More bad press for Privatopia. Film at 10 on WFTX FOX 4 News.
Saturday, March 15, 2014
Residential Segregation by Income, 1970-2009
www.s4.brown.edu/us2010/Data/Report/report10162013.pdf
Americans have become increasingly segregated by income over the last 40 years. There are several causes, one of which is increasing income inequality. The middle class has been squeezed by deindustrialization, deunionization, tax cuts that favor the rich, the loss of their home equity, and other forces. And in addition to all that, I am wondering what role the real estate development industry has played in sorting us out by income. In particular, what role does the rise of CID housing play in this sorting process?
Americans have become increasingly segregated by income over the last 40 years. There are several causes, one of which is increasing income inequality. The middle class has been squeezed by deindustrialization, deunionization, tax cuts that favor the rich, the loss of their home equity, and other forces. And in addition to all that, I am wondering what role the real estate development industry has played in sorting us out by income. In particular, what role does the rise of CID housing play in this sorting process?
Why We Should Focus Infrastructure Spending on Urban America
Why We Should Focus Infrastructure Spending on Urban America
My colleague Michael Pagano knows more about public infrastructure than just about anybody. Maybe it's time to stop builidng private infrastructure in CIDs and go public.
My colleague Michael Pagano knows more about public infrastructure than just about anybody. Maybe it's time to stop builidng private infrastructure in CIDs and go public.
America’s Most Unequal Metros | Trulia Trends
America’s Most Unequal Metros | Trulia Trends
And rising income inequality is a major contributor to residential income segregation.
And rising income inequality is a major contributor to residential income segregation.
Federal Privatization and the Expensive Philosophy of the Circular A-76 Process
Federal Privatization and the Expensive Philosophy of the Circular A-76 Process
Law professor Ellen Dannin shows how privatization isn't all it's cracked up to be.
Law professor Ellen Dannin shows how privatization isn't all it's cracked up to be.
Monday, March 10, 2014
Money missing from Murfreesboro neighborhood HOA fees - WSMV Channel 4
Money missing from Murfreesboro neighborhood HOA fees - WSMV Channel 4: MURFREESBORO, TN (WSMV) -
Money meant for the upkeep of a Murfreesboro neighborhood is now missing, and police have a lot of questions for the woman who was supposed to be keeping track of it all.
"I'm almost speechless. It's unbelievable to me," said neighbor Christin Barrett. "I'm appalled and disgusted by it."
Neighbors in the Villages of Garrison Cove subdivision trusted a property management company to keep things running smoothly, but the manager at the company is accused of keeping thousands of dollars for herself.
The homeowners' association board has since hired a new company to manage the neighborhood.
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Gambling in Casablanca? Graft in Privatopia? Shocking!
Money meant for the upkeep of a Murfreesboro neighborhood is now missing, and police have a lot of questions for the woman who was supposed to be keeping track of it all.
"I'm almost speechless. It's unbelievable to me," said neighbor Christin Barrett. "I'm appalled and disgusted by it."
Neighbors in the Villages of Garrison Cove subdivision trusted a property management company to keep things running smoothly, but the manager at the company is accused of keeping thousands of dollars for herself.
The homeowners' association board has since hired a new company to manage the neighborhood.
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Gambling in Casablanca? Graft in Privatopia? Shocking!
Scott Mooneyham: Why reining in homeowner associations is difficult
The Daily Advance: RALEIGH — A couple of years ago, two members of the state House who had been overseeing efforts to rein in abusive homeowners associations gave their colleagues a skeptical send-off as they handed over leadership of their committee.
“I wish you well,” said Rep. Julia Howard, a Davie County Republican.
Howard and then-state Rep. Jennifer Weiss, a Wake County Democrat, referred to previous legislation passed by the General Assembly as watered-down.
At the time, legislators had approved a measure that required a homeowners association board to at least take a vote before lawyers or property management companies could begin foreclosure proceedings.
Since then, the General Assembly has approved a law that encourages mediation when homeowners and the associations that enforce neighborhood covenants get into disputes.
Other bills, though, were never voted on. They include one that prohibits foreclosure proceedings over delinquent fees and another that would have required association board members to take a training course.
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This story underscores a point the perfessor has made over the years: The community association industry has a well greased lobbying machine -- and the denizens of Privatopia do not.
“I wish you well,” said Rep. Julia Howard, a Davie County Republican.
Howard and then-state Rep. Jennifer Weiss, a Wake County Democrat, referred to previous legislation passed by the General Assembly as watered-down.
At the time, legislators had approved a measure that required a homeowners association board to at least take a vote before lawyers or property management companies could begin foreclosure proceedings.
Since then, the General Assembly has approved a law that encourages mediation when homeowners and the associations that enforce neighborhood covenants get into disputes.
Other bills, though, were never voted on. They include one that prohibits foreclosure proceedings over delinquent fees and another that would have required association board members to take a training course.
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This story underscores a point the perfessor has made over the years: The community association industry has a well greased lobbying machine -- and the denizens of Privatopia do not.
After audit reveals corruption, Florida town's days could be numbered - Yahoo News
After audit reveals corruption, Florida town's days could be numbered - Yahoo News: "It's like something out of a Southern Gothic novel," Bradley told Time magazine. "This town exists apparently just to write speeding tickets. Most people don't understand why it exists in the first place."
Via CNN:
Via CNN:
Hampton cops were a fixture out on U.S. 301. They sat on lawn chairs, pointing radar guns at unsuspecting motorists. They hid behind recycling bins. As more and more money came in, they idled in slick SUVs, trolled the median strips in riot gear and toted state-of-the-art firepower. Locals gave one the nickname "Rambo" because he slung an AR-15 rifle across his chest.
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No, this isn't an HOA despite this being Florida. But could provide a business model for HOAs looking to boost revenues that would be less vulnerable to state disincorporation like this town. Y'all come back now, hear?
Monday, March 03, 2014
WPEC-TV CBS12 News :: News - Top Stories - Elderly man faces homelessness after being evicted for growing a garden
WPEC-TV CBS12 News :: News - Top Stories - Elderly man faces homelessness after being evicted for growing a garden: BOYNTON BEACH, Fla. - Rules are rules and the homeowners association inside Royal Manor Estates in Boynton Beach follows them very closely.
That's why a 4' x 8' garden outside the home of Israel Negron has put management over the edge and the Negron on the street.
"Someone's getting kicked out because of growing vegetables is insane and cruel ," said Barry Silver, Negron's attorney.
Silver attempted to file an emergency stay of eviction but the court denied it without a hearing.
The 72-year-old will have to vacate even though he owns his mobile home.
Negron did not take the news very well.
"I had to take him to the emergency room," said one friend.
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More bad press coming out of Florida spotlighting mean-minded governance in Privatopia. Film at 10 on WPEC-TV.
That's why a 4' x 8' garden outside the home of Israel Negron has put management over the edge and the Negron on the street.
"Someone's getting kicked out because of growing vegetables is insane and cruel ," said Barry Silver, Negron's attorney.
Silver attempted to file an emergency stay of eviction but the court denied it without a hearing.
The 72-year-old will have to vacate even though he owns his mobile home.
Negron did not take the news very well.
"I had to take him to the emergency room," said one friend.
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More bad press coming out of Florida spotlighting mean-minded governance in Privatopia. Film at 10 on WPEC-TV.
HOA head in RSF is paid $275K-plus | UTSanDiego.com
HOA head in RSF is paid $275K-plus | UTSanDiego.com: The head of the Rancho Santa Fe homeowners association has received more than $275,000 in compensation for the past three years, and the president of the board was ousted from her position after she raised questions about it.
Such pay levels are more typically reserved for city managers or school district superintendents running complex functions of large government agencies.
The community association’s manager, Pete Smith, is responsible for collecting association dues, maintaining common areas and enforcing covenants for the community of about 5,000 with a median income in excess of $172,000 and median home price of $2.4 million.
The ousted president, Ann Boon, said she wanted her questions to bring clarity to the pay process
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Pay's going up in Privatopia. But the managers apparently don't like the HOA directors who employ them asking questions about it. I guess the boards work for the managers instead of the other way around.
Such pay levels are more typically reserved for city managers or school district superintendents running complex functions of large government agencies.
The community association’s manager, Pete Smith, is responsible for collecting association dues, maintaining common areas and enforcing covenants for the community of about 5,000 with a median income in excess of $172,000 and median home price of $2.4 million.
The ousted president, Ann Boon, said she wanted her questions to bring clarity to the pay process
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Pay's going up in Privatopia. But the managers apparently don't like the HOA directors who employ them asking questions about it. I guess the boards work for the managers instead of the other way around.
Sunday, March 02, 2014
Insight: Underfunded U.S. homeowner associations get heavy | Reuters
Insight: Underfunded U.S. homeowner associations get heavy | Reuters
Thanks to Shu Bartholomew for this link. The first sentence is just plain wrong, but overall the article highlights the important fact that many associations are in financial trouble--and it isn't just because of the 2008 crash in real estate values.
"Foreclosures on delinquent properties by homeowner associations were almost unheard of before the financial crisis of 2008. Now lawyers and real estate researchers say they are becoming more common as association funding bases shrink because of previously foreclosed homes' standing empty. About 70 percent of association-governed communities are underfunded, up 12.5 percent from 10 years ago, according to Association Reserves. The average association has financial reserve accounts - the amount required to maintain infrastructure and common areas - that are only funded at 52 percent, down from 60 percent a decade ago, its research shows.Tyler Berding, an attorney whose firm is consulting with a San Francisco condo homeowner association, suggests the problem is one of governance. "It's very much akin to the public pension crisis," he said. "Homeowners' associations are simply not putting enough money away to make the repairs and replacements they will have to make over time."
Thanks to Shu Bartholomew for this link. The first sentence is just plain wrong, but overall the article highlights the important fact that many associations are in financial trouble--and it isn't just because of the 2008 crash in real estate values.
"Foreclosures on delinquent properties by homeowner associations were almost unheard of before the financial crisis of 2008. Now lawyers and real estate researchers say they are becoming more common as association funding bases shrink because of previously foreclosed homes' standing empty. About 70 percent of association-governed communities are underfunded, up 12.5 percent from 10 years ago, according to Association Reserves. The average association has financial reserve accounts - the amount required to maintain infrastructure and common areas - that are only funded at 52 percent, down from 60 percent a decade ago, its research shows.Tyler Berding, an attorney whose firm is consulting with a San Francisco condo homeowner association, suggests the problem is one of governance. "It's very much akin to the public pension crisis," he said. "Homeowners' associations are simply not putting enough money away to make the repairs and replacements they will have to make over time."
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