Saturday, March 05, 2005

SAN RAFAEL / Judge won't force woman out of hospital / 82-year-old served eviction notice, says she has nowhere to go
I say call an HOA collections lawyer. He'll have her out in no time. Thanks to Fred Pilot for sending this tale.

A Marin County judge refused Friday to order sheriff's officers to evict an 82-year-old woman who has refused to leave a bed at Kaiser Permanente San Rafael Medical Center for more than a year.

Friday, March 04, 2005

Pahrump Valley Times - The market will control growth (watch the skies...)

From the Kingdom of Nye, site of Art Bell's fortified compound, comes this, courtesy of Fred Pilot:

Nye County commissioners rejected the idea of a moratorium on residential developments in the Pahrump Valley that create higher densities - and greater profits for developers - placing their bets on market forces and developers' good will to solve Pahrump's future growth problems.

Thursday, March 03, 2005

Condo owner says inquiries to board led to vandalism
All condo owner Jallele Praschnik did was ask to look at her condo association's records, as allowed by state law.

As a result, she says, her screen was cut, pesticide was thrown into her apartment, and eggs were thrown at her car. In addition, someone would periodically stand outside her window, looking in and listening to her conversations.

After 15 months of such intimidation, she said, she borrowed surveillance equipment and taped a neighbor committing the alleged crimes.

Police last week arrested John Losada, 59, a leader of the condo association at the South Grove Plaza, at 2690 SW 22nd Ave. in Miami. He is scheduled to appear in court on March 15 to answer charges of criminal mischief and stalking.

He faces five years on the vandalism charge and one year on the stalking charge if convicted. He is free on $6,000 bail.

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Here's the poster boy for why we need oversight of condo/hoa boards of directors. Yeah, yeah..."it's an isolated instance." One of about a gazillion.

Tuesday, March 01, 2005

Yahoo! News - San Diego median resale price up nearly 24% in January
The median price of an existing home in San Diego was $580,220 as of January 2005, a 23.9 percent increase over the average price of $468,450 in January of last year, the California Association of Realtors reported Friday.
Good grief. Median resale prices approaching $600K?

Thursday, February 24, 2005

law.com - During 'Kelo' Arguments, Justices Feel for Homeowners
Tony Mauro
Legal Times

Here's a good summary of the argument yesterday in Kelo v. City of New London. It captures the bind some of the justices seem to sense they are in: they sympathize with the owners, and they get that the "public use" language has to mean something other than the city leasing the land to developers for $1 per year, in the hope that tax revenues will go up. But they are reluctant to overrule two precedents and thereby throw a monkey wrench in the redevelopment efforts of cities all over America, which are based on the same highly questionable practice. It is a bit like saying, "Well, legally you are right, Ms. Kelo, but if we rule in your favor it will cause a disaster, because cities all over the nation are abusing the eminent domain power, too." This is portrayed as a case of small property owners versus the city. But in reality it is developers versus small property owners.

Sunday, February 20, 2005

The Modesto Bee: Call grows to deregulate home building--Environmental law causing valley's sprawl, critics say

Developers and some city planners long have complained that the CEQA-required [California Environmental Quality Act] environmental review process has been abused by "not-in-my-backyard" opponents less concerned about saving the planet and more interested in dragging out projects in costly court battles to scare away developers.

The result, as the builders tell it, is that new subdivisions and apartment complexes get pushed farther away and onto fertile farmland where opposition isn't as intense.

Meanwhile, the demand for housing closer to cities goes up — and with it go prices that push homeownership out of reach.

Now there's talk of eliminating some CEQA reporting requirements on a project-by-project basis to encourage housing closer to the urban core and on old industrial sites.

Herald.com | 02/20/2005 | Will condo czar expand powers?
The state's new condo ombudsman and the lawmaker who helped create the job are facing a daunting task.

Alone, with a $103,000 budget -- which pays little more than his $63,000-a-year salary -- Virgil Rizzo has been instructed by the Legislature to resolve hundreds of disputes between condo associations and unit owners throughout Florida. Six weeks into his new job, the Fort Lauderdale doctor and attorney is overwhelmed. And now, state Rep. Julio Robaina, R-South Miami, plans to try to expand Rizzo's responsibilities and power during the upcoming legislative session. He wants to give Rizzo subpoena power and authority over homeowners associations.
[more]

Friday, February 18, 2005

S2016: proposed New Jersey "Common Interest Community and Homeowners' Association Act."


Here is a big fat bill that would make some significant changes in New Jersey law. Section 2, the legislative findings, are well worth reading.
Pahrump Valley Times - Gated community coming soon to Pahrump
Fred Pilot, a big Art Bell fan, sends this message along. Pahrump's most famous citizen is radio host Art Bell, the king of late-night radio, whose paranormal program emanates from his home. Now, it seems that the gated community menace is on the doorstep. Watch the skies...

The Pahrump Regional Planning Commission took its first steps last week in unanimously approving Pahrump's first private gated community. At the same time, the application processing for the development marked the initial amendment to the county's master plan, now just over a year old. Many more amendments are expected in months to come.
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The Cranbury Press - 02/18/2005 - Bill could change the way Monroe's PRCs are governed
Big news from New Jersey. Looks like another banner year for CID reform:


A state Senate bill introduced in November could mean homeowners associations in Monroe's retirement communities would have to act more like municipal governing bodies.
According to the bill, introduced by Sen. Shirley K. Turner, D-15th, the changes would "require that democratic principles be followed by the governing board of a homeowners association in all association matters including, but not limited to, elections, access to records, open meetings, formation of rules and alternative dispute resolution."
The bill calls for enforcement by the Department of Community Affairs.
The bill says these changes are needed to provide for "transparent" government. It also establishes that a homeowners association is "subject to the political jurisdiction of a municipality, regardless of any bylaws to the contrary."
The bill, known as the Common Interest Community and Homeowner's Association Act, would be an amendment to the Condominium Act, which recognizes condo communities as corporate associations. Common interest communities include townhouses, cooperatives and planned unit developments in addition to condos.
[more]

Thursday, February 17, 2005

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=668503
Here you'll find a link to a paper by John Ryskamp entitled, "Brief Review of Topics Relating to Peaceful Resistance to Kelo Type Housing Dispossessions." When the county sheriff comes a-calling to move people out, what happens?

Saturday, February 12, 2005

Monterey County Herald | 02/11/2005 | Push for mandatory health
Now, does this qualify as galloping socialism, or is it still creeping?

SAN JOSE - A sweeping, bipartisan health reform plan that would require all Californians to purchase basic health insurance -- or have their wages garnished -- is drawing a lot of attention in Sacramento, but insiders say the plan in its current form doesn't stand much of a chance.

Boing Boing: Witold Rybczynski on Disney's planned Florida community
Mystery Reader located this commentary on Celebration from a distinguished urban planning professor at the Wharton School. It contains the following pithy comment, with which I would agree based on my visit to Celebration:
"The truth is that despite its best efforts, the populist Disney Co. has produced an elitist product. This attractively designed town may be cause for celebration, but it is no panacea."
Crime - More firebomb suspects sought - sacbee.com
The ever-vigilant Fred Pilot found this key paragraph in a story on a bunch of eco-terrorists:

The bombs were set, the letter states, "in honor of everyone ... who feels their rural lifestyles are being threatened by these mass-produced design communities."

The Auburn office building was targeted "as a statement against work and the horror of the cubicle," the letter said.

Wednesday, February 09, 2005

TheKCRAChannel.com - News - Display Stirs Controversy In Land Park
SACRAMENTO, Calif. -- Nestled in a quiet Sacramento neighborhood is a very loud political statement that is testing the very foundation of the right to free speech. Hanging from a house in Land Park, a soldier's uniform in a noose dangles from a rooftop. The words "your tax dollars at work" are scrolled across the chest.
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Given that the neighbors are calling the police, I think we can safely assume there is no HOA. If there were, I think this offensive display would be long gone.

Tuesday, February 08, 2005

O'Toole v. Los Angeles Kingsbury Court Owners Association

Here's a major decision on owners being ultimately liable for judgments due to board decisions--if the insurance company doesn't pay it, guess who does? Members--by special assessment, court-ordered if necessary.

Read and learn...

Sunday, February 06, 2005

The Daily Inter Lake:Man sentenced in HOA embezzlement case

Fred Pilot found this:

A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
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The Daily Inter Lake:Man sentenced in HOA embezzlement case

Fred Pilot found this:

A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]

Thursday, February 03, 2005

HOAs become hot-button issue in AZ
Homeowners associations and possible legislation that may affect HOA groups were a hot topic Wednesday as lawmakers met with Chandler residents at the state Capitol.

Sen. John Huppenthal, R-Chandler, told a group of Chandler neighbors he plans to introduce a bill in the Legislature making it easier for homeowners associations to change their rules.

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