Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, April 25, 2009
Another flagpole conflict
Homeowners association tells couple they can’t fly American flag on pole: "Admittedly, the Lewtons knew the 20-foot flagpole violated the covenants in their southeast Loveland neighborhood when they installed it in October.
But, the couple said, they didn’t expect any trouble."
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Well, if they had asked me, I would have told them to expect trouble.
But, the couple said, they didn’t expect any trouble."
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Well, if they had asked me, I would have told them to expect trouble.
Friday, April 24, 2009
UIC Doctor removes kidney through belly button
UIC News Release: "Dr. Leslie Deane, assistant professor of urology and director of laparoscopy, endourology and robotic urologic surgery at UIC, inserted a camera and two surgical instruments through a port placed in a one-inch incision in the patient's belly button and remove a diseased kidney the size of an orange."
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Not bad for an assistant professor.
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Not bad for an assistant professor.
Snakehead Fish Cause Concern in Waters
Snakehead Fish Cause Concern in Waters
FORT WASHINGTON, Md. - A certain type of fish is causing concern in local waterways. They call it the snakehead. This week, a fisherman caught a big one, confirming what officials already knew. The invasive species still poses a real threat to the ecosystem.
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This is right next to Prince George's County, MD. The fish are in the Potomac River and they seem to have established themselves. It is an invasive species from Asia that has a mouthful of big sharp teeth and an appetite for other fish.
FORT WASHINGTON, Md. - A certain type of fish is causing concern in local waterways. They call it the snakehead. This week, a fisherman caught a big one, confirming what officials already knew. The invasive species still poses a real threat to the ecosystem.
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This is right next to Prince George's County, MD. The fish are in the Potomac River and they seem to have established themselves. It is an invasive species from Asia that has a mouthful of big sharp teeth and an appetite for other fish.
US 'very concerned' about swine flu outbreak
US 'very concerned' about swine flu outbreak: "US medical authorities expressed strong concern Friday about an unprecedented multi-strain swine flu outbreak that has killed at least 60 people in Mexico and infected seven people in the United States."
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The 1918-1919 flu epidemic killed at least 20 million people. That's why President Ford authorized a swine flu vaccination program. The CDC is all over this situation because this strain is contagious from human to human, and it is unusual because it has swine, avian, and human strains.
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The 1918-1919 flu epidemic killed at least 20 million people. That's why President Ford authorized a swine flu vaccination program. The CDC is all over this situation because this strain is contagious from human to human, and it is unusual because it has swine, avian, and human strains.
California ponders changes in constitution
California ponders changes in constitution: "SAN CARLOS, Calif. (AP) - Fed up with the budget crises and partisan battles that have paralyzed California for years, some influential voices believe it's time to tear open the state constitution and start anew.
Once dismissed as a hokey gimmick, support for a proposed constitutional convention has been building in the nation's most populous state. Even Gov. Arnold Schwarzenegger, a Republican, has indicated he would back an effort to retool the document to make state government function more smoothly."
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"Function more smoothly" can have many meanings. The organizers of this effort have their own agenda, but you never know where a constitutional convention can lead. The US constitutional convention began as a meeting to propose some amendments to the Articles of Confederation that were to be ratified by unanimous consent of all 13 state legislatures, according to the Articles. The first thing the delegates did was toss the Articles in the trash and start over. The final document was submitted for ratification by special conventions, not state legislatures, and would go into effect as soon as nine state conventions ratified it. So the moral of the story has to be that there is no way to guarantee that a constitutional convention will content itself with "retooling" your existing system.
Once dismissed as a hokey gimmick, support for a proposed constitutional convention has been building in the nation's most populous state. Even Gov. Arnold Schwarzenegger, a Republican, has indicated he would back an effort to retool the document to make state government function more smoothly."
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"Function more smoothly" can have many meanings. The organizers of this effort have their own agenda, but you never know where a constitutional convention can lead. The US constitutional convention began as a meeting to propose some amendments to the Articles of Confederation that were to be ratified by unanimous consent of all 13 state legislatures, according to the Articles. The first thing the delegates did was toss the Articles in the trash and start over. The final document was submitted for ratification by special conventions, not state legislatures, and would go into effect as soon as nine state conventions ratified it. So the moral of the story has to be that there is no way to guarantee that a constitutional convention will content itself with "retooling" your existing system.
Thursday, April 23, 2009
Americans staying put in record numbers
TheDay.com - No place like home as Americans move less: "The number of Americans who moved declined sharply last year, reaching the lowest percentage in 60 years as people grappled with fewer jobs and tighter credit.
Roughly 11.9 percent of the nation's population - or 35.2 million people - moved to a new home, down from 13.2 percent the previous year, according to census data released Wednesday."
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Fred Pilot sent this along. Demographer William Frey has some thoughts about reduced migration to the suburbs, but I'm not convinced that this is anything more than the economic downturn. There is no new housing to move to, no new jobs to move for, and no money to afford moving just for the heck of it. This will change when the economy turns around, I think.
Roughly 11.9 percent of the nation's population - or 35.2 million people - moved to a new home, down from 13.2 percent the previous year, according to census data released Wednesday."
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Fred Pilot sent this along. Demographer William Frey has some thoughts about reduced migration to the suburbs, but I'm not convinced that this is anything more than the economic downturn. There is no new housing to move to, no new jobs to move for, and no money to afford moving just for the heck of it. This will change when the economy turns around, I think.
The economy made us do it!
Miami News, Fort Lauderdale News, Florida News & Weather Channel 7 Fox Miami WSVN-TV - Residents without power, association blames economy: "The Homeowners Association of Coral Gates Apartments, located at 6980 Northwest 186th Street, said they made the conscious decision not to pay the monthly power and light bill, about $14,000, because of the tough economy. They said all residents were notified of their actions, but now everyone may have to leave. Miami-Dade County buidling and zoning came out Tuesday afternoon, and warned that if they don't get the power turned back on in five days, the buildings will have to be condemned...Residents are upset with the ordeal and the association. "We pay money to the association and everything, and they are supposed to take care of this problem," said George Nagal. "
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Another association going down the tubes? Fred Pilot sent this along.
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Another association going down the tubes? Fred Pilot sent this along.
Sure, that will work...
RNC faction wants Dems branded socialists - Jonathan Martin - POLITICO.com: "A conservative faction of the Republican National Committee is urging the GOP to take a harder line against both Democrats and wayward Republicans, drafting a resolution to rename the opposition the “Democrat Socialist Party” and moving to rebuke the three Republican senators who supported the stimulus package."
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More evidence that the GOP is deeply divided and leaderless.
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More evidence that the GOP is deeply divided and leaderless.
The Right to Wear Saggy Pants Shall Not Be Infringed!

Saggy pants ban: Riviera Beach's ban on saggy pants ruled unconstitutional -- South Florida Sun-Sentinel.com: "RIVIERA BEACH - Drop that ordinance -- and your pants if you consider it fashionable, Palm Beach County Judge Laura Johnson ruled Wednesday.
The judge overturned Riviera Beach's saggy pants ordinance, which had prohibited anyone from wearing pants below the waist exposing skin or underwear.
A referendum endorsing the ban was supported by 72 percent of city voters in March 2008. Riviera Beach began enforcing the ordinance in July but it was ruled unconstitutional by Johnson, city spokeswoman Rose Anne Brown said."
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What an amazing thing a constitution is. To think that all these years the right to wear saggy pants has been there, and suddenly it has been discovered.
Economy drives Troy to privatize bus service | hometownlife.com | the Observer & Eccentric Newspapers, Mirror Newspapers and Hometown Weeklies
Economy drives Troy to privatize bus service | hometownlife.com | the Observer & Eccentric Newspapers, Mirror Newspapers and Hometown Weeklies: "The Troy school board voted unanimously Tuesday night to outsource transportation services, a move that could save the district $2.5 million over the next three years and give union employees a chance to retain jobs, according to Tim McAvoy, the district's director of community relations. The board approved a three-year contract with First Student, a global company with North American headquarters in Cincinnati. A $10 million budget deficit and the need to borrow from a $28 million fund balance drove the board's decision, according to McAvoy."
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At least it's a three year contract, so there is some public accountability. Here in Chicago we think more in terms of 75 years, 99 years...the long haul.
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At least it's a three year contract, so there is some public accountability. Here in Chicago we think more in terms of 75 years, 99 years...the long haul.
Michigan and Other Cash-Strapped State Schools Look to Privatize - TIME
Michigan and Other Cash-Strapped State Schools Look to Privatize - TIME: "The cash-strapped state of Michigan is looking to save money any way it can, and some political leaders have suggested essentially privatizing the state's flagship university."
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Good grief. The proposal is to eliminate the entire $327 million state appropriation to the University of Michigan.
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Good grief. The proposal is to eliminate the entire $327 million state appropriation to the University of Michigan.
Better at jumping gates than driving around them?
TheStar.com | Sports | Olympic hero leaps into more trouble: "Olympic equestrian champion Eric Lamaze may be better behind the reins than behind the wheel.
The Canadian winner of gold and silver in Beijing is facing traffic charges in Florida after a speeding Mercedes crashed onto a property steps away from his $3 million (U.S.) estate in a sumptuous gated community where he flips homes for profit.
Lamaze, who rebounded from a cocaine-laced past to become the world's top-ranked show-jumping rider, was charged with careless driving, leaving the scene of an accident and driving with an expired licence in the wee hours of March 21 in the village of Wellington in West Palm Beach. Police reported $52,000 in damages at the scene, which is in a neighbourhood populated with multi-million-dollar homes and polo fields."
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Somehow I don't think Lamaze will elicit much sympathy. When you combine "estate" with "gated community," and throw in "flips homes for profit," the compassion meter drops to about zero.
The Canadian winner of gold and silver in Beijing is facing traffic charges in Florida after a speeding Mercedes crashed onto a property steps away from his $3 million (U.S.) estate in a sumptuous gated community where he flips homes for profit.
Lamaze, who rebounded from a cocaine-laced past to become the world's top-ranked show-jumping rider, was charged with careless driving, leaving the scene of an accident and driving with an expired licence in the wee hours of March 21 in the village of Wellington in West Palm Beach. Police reported $52,000 in damages at the scene, which is in a neighbourhood populated with multi-million-dollar homes and polo fields."
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Somehow I don't think Lamaze will elicit much sympathy. When you combine "estate" with "gated community," and throw in "flips homes for profit," the compassion meter drops to about zero.
Wednesday, April 22, 2009
Third Black Bear Sighting Reported In Weston - cbs4.com

Third Black Bear Sighting Reported In Weston - cbs4.com: "For the third time since Saturday, residents of a Weston neighborhood reported spotting a black bear in their back yards.
The million dollar estates in Windmill Reserve border suburban life and wildlife, but what Tomas Fernandez saw Sunday in his backyard was extremely wild.
'I was eating breakfast when I saw the bear behind the house in the lake. He was walking,' said Fernandez. 'I called my dad to see.'
His dad watched as the black bear spent a half hour in the backyard. This was enough time for Tomas to video tape his new neighbor. On the tape the bear is browsing around and then seen walking away toward trees."
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Hogs, bears, coyotes, cougars, fires...this is starting to remind me of the Book of Revelation. What's next? A plague of locusts?
The real issue may be that over the last decade or so, many very nice subdivisions and custom homes were built in what were previously remote and uninhabited locations. Nobody told the predators that they should relocate, and they decided that the trash and house pets were easy pickings. And there was no predator for them to fear, because of course you can't use a firearm near a subdivision. End result: you have bears in your yard.
I have an old friend who lives on Kodiak Island in Alaska. She had a nine foot tall brown bear rooting around in the dumpster. That fellow could have dismantled the building if he had been so inclined. In AK you know this sort of thing can happen occasionally, but in South Florida maybe you are surprised.
Freeeedom!!!

Dispute over mandatory membership at Kensington heads to court : Courts : Naples Daily News: "NAPLES — Residents are battling over whether to make membership mandatory in the country club at Kensington in Naples.
The fight has pitted neighbors and friends against each other in the private, high-end golf community off Pine Ridge Road _ and it has landed in Circuit Court in Collier County.
Two residents who want to keep membership voluntary have sued the community’s homeowners association and all of its board members, who unanimously support the idea."
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OK, it's not Braveheart, but still...
Sorry to boar you, but...
Say hello to my little friend...I posted this due to questions about the Russian citizenship of the ones we find around us these days. It is a tough call, but this guy looks like a Rooski to me.
60% of Americans: feds have too much money and power
Rasmussen Reports™: "Sixty percent (60%) of Americans say the federal government has too much power and too much money, according to a new Rasmussen Reports national telephone survey.
Just nine percent (9%) say the government has too little power and money. Twenty-four percent (24%) believe the government has about the right amount of both."
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This is the main point the Tea Party folks were trying to make, I think. There were some folks with a more outlandish message, but if you ask what was the bottom line, I'd say that was it. I think if their message catches on they could make quite an impact. When Perot announced his candidacy I thought it was preposterous, and when he dropped out and got back in, I thought he was a joke. He picked the worst VP candidate ever--a heroic POW who himself had no idea why he was in the VP debate. Then Perot got 19% of the popular vote and handed the presidency to Bill Clinton. That's when I decided never again to underestimate the power of populism. The Tea Parties are all about populism.
And to confirm that, it seems that the favorable/unfavorable rating of the Tea Parties is 51/33. So watch out, political class
Just nine percent (9%) say the government has too little power and money. Twenty-four percent (24%) believe the government has about the right amount of both."
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This is the main point the Tea Party folks were trying to make, I think. There were some folks with a more outlandish message, but if you ask what was the bottom line, I'd say that was it. I think if their message catches on they could make quite an impact. When Perot announced his candidacy I thought it was preposterous, and when he dropped out and got back in, I thought he was a joke. He picked the worst VP candidate ever--a heroic POW who himself had no idea why he was in the VP debate. Then Perot got 19% of the popular vote and handed the presidency to Bill Clinton. That's when I decided never again to underestimate the power of populism. The Tea Parties are all about populism.
And to confirm that, it seems that the favorable/unfavorable rating of the Tea Parties is 51/33. So watch out, political class
Jenner & Block Lights Bother Trump Tower Resident | ABA Journal - Law News Now
Jenner & Block Lights Bother Trump Tower Resident | ABA Journal - Law News Now: "The owner of a pricey 37th floor condominium at Trump International Hotel and Tower in Chicago is complaining that bright lights from a building across the street are keeping her up at night.
The culprits, according to the president of the company that owns the brightly lit building, are hardworking lawyers at Jenner & Block, the Chicago Tribune reports. Jenner & Block occupies 10 floors and operates 24 hours a day, Jeff Patterson, president and CEO of Prime Group Realty Trust, told the Tribune."
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Thanks to Gwen Osborne for sending me this link.
The culprits, according to the president of the company that owns the brightly lit building, are hardworking lawyers at Jenner & Block, the Chicago Tribune reports. Jenner & Block occupies 10 floors and operates 24 hours a day, Jeff Patterson, president and CEO of Prime Group Realty Trust, told the Tribune."
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Thanks to Gwen Osborne for sending me this link.
Acting Freddie Mac CFO commits suicide - wtop.com
Acting Freddie Mac CFO commits suicide - wtop.com: "VIENNA, Va. -- David Kellermann, acting chief financial officer of Freddie Mac, committed suicide in his Hunter Mill Estates home Wednesday morning."
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He had been with Fannie Mac for 16 years and was made CFO in September of 2008.
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He had been with Fannie Mac for 16 years and was made CFO in September of 2008.
Tuesday, April 21, 2009
Privatization in Indiana--rolling it back?
Indy's News Center - 93.1 WIBC Indianapolis - Live. Local. First.: "Legislators could soon order a freeze in the privatization of food stamp eligibility determinations. Social services advocacy groups want them to go farther.
A coalition of labor-backed groups and advocates for the poor and senior citizens has opposed the privatization from the beginning. Now those groups want legislators to roll back the privatization in the 59 counties where it's already taken effect, and order an audit of the IBM-led consortium.
Former Vigo County welfare director Glenn Cardwell says one in five people denied food stamps the last six months shouldn't have been, the fourth worst rate in the country."
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A coalition of labor-backed groups and advocates for the poor and senior citizens has opposed the privatization from the beginning. Now those groups want legislators to roll back the privatization in the 59 counties where it's already taken effect, and order an audit of the IBM-led consortium.
Former Vigo County welfare director Glenn Cardwell says one in five people denied food stamps the last six months shouldn't have been, the fourth worst rate in the country."
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