Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, July 17, 2010
At Mass this morning, there was a reading from Micah, II,1-3
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"Shame on those who lie in bed planning evil and wicked deeds and rise at daybreak to do them, knowing that they have the power!
They covet land and take it by force; if they want a house they seize it; they rob a man of his home and steal every man's inheritance.
Therefore these are the words of the Lord:
Listen, for this whole brood I am planning disaster...
Goodness! I didn't know the CAI-HOA was active then, too!
Texas HOA property owners outraged over lack of transparency, questionable expenditures
"People are outraged," exclaimed Peggy Sue Wilson-Schmueckle. She’s the homeowner leading the fight to rid the association of what she calls gross mismanagement of funds by the board. “Once we uncovered it and did an audit, people were very outraged. They want them [the current board] to resign.”
The information we uncovered explain why the homeowners are so bent out of shape. Records detail board meetings at nice restaurants; meetings that were not open to the public. We also found a document showing a $4,200 expense paid to the board president's son-in-law for brush work he did in the neighborhood. Additional records showed the HOA donated thousands of dollars to random charities. The HOA even gave more than $1,300 to a group of HOA lawyers to help them lobby the legislature.
Florida HOA threatens $100 a day fine for unapproved shade of mulch
Lynn tells me that her problems began when the Association made it known it was displeased that home’s mulch had thinned out too much and needed replacing. To appease the board, Lynn and her husband added new match, but apparently the golden shade of mulch the couple chose was not in accordance with what the Association wants. Thus the ultimatum: Put in new mulch or pay $100 a day until you do.
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As the owner of this blog has noted, there seems to be no limit to how frivolous HOAs can be.
Friday, July 16, 2010
Homeowners Associations Get Nasty: Foreclose or Sue to Collect Dues
Texas State Sen. John Carona (R-Dallas), who serves as president of a huge national realty property management firm with $400 million revenue, says the Texas law that permits HOAs to foreclose should not be changed. Tweaked, but not changed. When you sign for your mortgage, he said, you also sign and legally agree to be a part of the homeowners association. That's fair -- you are duly warned and don't have to buy the property if you don't like the association's terms (my words). He advises buyers to read HOA rules carefully before buying. Seek counsel, if necessary. He also says that homeowners who don't pay their share of homeowners association dues force a hardship on other homeowners in the neighborhood, who often have to kick in more for expenses.
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Life is so simple, "if you don't like it, move" or better yet, "Don't live there". If you sign your mortgage docs, you agree to be abused, fined, have your water turned off, get evicted from your own home.
And you thought the IRS was the most hated entity in the country.
Ah yes, more happy homeowners Zogby missed - this time around.
Thursday, July 15, 2010
Sailor faces fine for leasing condo
But when the Navy transferred the helicopter pilot to Florida, he started leasing his home to someone else to help pay for the mortgage. He asked his homeowner's association for permission
"They decided unanimously to vote no," said Mike Lukaszonas, "and the reason was never cited in the letter. They just said denied."
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Another genius board at work here.
I wonder if Zogby ever talked to anyone in this haven of happy homeowners?
Power company tells customer she is dead
VIENNA (Reuters) – An Austrian woman has had to convince her electricity supplier that she is alive after the company wrote to her asking for information about her contract following her "passing away."
In a personally addressed letter, the Linz-based company said it had heard of her death through her bank, daily Oesterreich reported on Thursday.
"I am not the dead one," 58-year-old Christine R. wrote back in a fax and email to the company, explaining that it was her neighbor who had died and she was the custodian. She eventually went to the customer center in person to prove her existence.
The Next Foreclosure Fight
http://www.cnbc.com/id/15840232?play=1&video=1544519000
HOA Turns Off Marietta Woman's Water
Burgess' attorney said if the Magnolia Lane HOA accepted Burgess' offer last year, she would've shaved close to $3,000 off her debt, but now she's added another $3,000.
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They're all heart, these HOAs, aren't they? They won't work with her and instead of making it easy, they just make it harder for her.
Here is another happy homeowner Zogby missed. An "isolated incident"? I think not.
Wednesday, July 14, 2010
On the front lines in Vegas: Economic firefight erupts from residential real estate crash
The upshot is if REOs aren't maintained and the fines rapidly accumulate into big liens, the properties could ultimately become worthless since the cost to acquire them with the county and/or HOA liens tacked on could reach an appreciable fraction of their already depressed market value.
This is a real economic firefight arising out of the residential real estate crash that could end up with no winners and plenty of casualties. The owners of the REOs would lose and so would Clark County and HOAs with their jurisdictions littered with unmarketable, dilapidated properties.
Mamas don't let your babies grow up to buy condos
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Sounds like something out of a Joe Bob Briggs drive in movie review that might read as follows: Pool filled with green goop. Rats in the attic. Indoor rainfall. Condo fu. Film at 11 on WFTV channel 9. Three stars. Joe Bob says check it out.
Tuesday, July 13, 2010
Blagojevich: Musings of ex-governor included Bleep the public, Oprah for senator
CHICAGO -- Former Illinois governor Rod Blagojevich may or may not have broken the law, but he sure did hate his job. He reviled his political enemies, mocked many of the candidates for a vacant U.S. Senate seat and disparaged the voters who failed to appreciate his talents.
"Only 13 percent of you all out there think I'm doing a good job. So [expletive] all of you," the salty-tongued Blagojevich (D), referring to poll numbers, said in a secretly taped conversation played at his federal corruption trial.
By the time Democrat Barack Obama had won the White House in 2008, the two-term governor was deeply in debt and obsessed with finding a new job that paid well. He spent as few as two hours a week in the office, sometimes hiding in the restroom to avoid his budget director.
Sunday, July 11, 2010
Economists see U.S. recovery weakening: survey
WASHINGTON (Reuters) – The U.S. economy will lose steam as the year progresses but will not slide back into recession, even though unemployment is unlikely to fall significantly, according to a survey released on Saturday.
The Blue Chip Economic Indicators survey of private forecasters found analysts increasingly glum about the outlook. They now see the economy expanding just 3.1 percent in 2010, down from 3.3 percent in the June poll.
They do not, however, envisage a renewed period of contraction, which has been widely debated in financial markets in recent weeks.
"Our panelists think talk of a double-dip recession is overblown absent a new, major shock," the group said in its report.
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One of the more significant parts of this economic story is near the end:
Along with more moderate growth, inflation is expected to remain extremely tame. Forecasters are looking for a 0.9 percent increase in prices for 2010 as a whole, the smallest rise since 1950.
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Unlike in an inflationary economy where people accelerate buying decisions in the hope of beating price increases, in a deflationary economy these decisions are delayed with the expectation that prices will decline and a better deal can be had simply by waiting. With consumers tapped out of credit and many unemployed, waiting becomes far easier. That of course retards economic growth, stalling a speedy recovery.
The last time the economy was tanked by speculation and excess leverage was in the Great Depression of the 1930s. It lasted about ten years. We are in a similar situation today. The decade of 2010-20 could end up as a deflationary “lost” decade that people endure and muddle through until a more sustainable socio-economic environment emerges. The deflationary decade may in retrospect mark the death of an economy driven by excess consumerism, speculation and leverage, a passing necessary to make way for the birth of a new and more sustainable economy.
Saturday, July 10, 2010
Homeowners association demands removal of energy-efficient door
When Frank Sigrist installed a passive solar garage door in his Granite Bay house, he forgot to submit an application to his homeowner’s association.
He filed the required documents a month or so later, thinking he wouldn’t be denied permission because the $10,000 state-of-the-art door is energy efficient and aesthetically pleasing — besides, the garage sits far back off the street in this upper-end gated community.
“It’s not going to be a big deal,” Sigrist said.
But he was wrong.
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Nah, who would have thunk it?
But board members are reasonable people, acting reasonably, right?
Friday, July 09, 2010
Moral hazard in the jumbo mortgage marketplace
NYT: Biggest Defaulters on Mortgages Are the Rich
LOS ALTOS, Calif. — No need for tears, but the well-off are losing their master suites and saying goodbye to their wine cellars.
The housing bust that began among the working class in remote subdivisions and quickly progressed to the suburban middle class is striking the upper class in privileged enclaves like this one in Silicon Valley.
Whether it is their residence, a second home or a house bought as an investment, the rich have stopped paying the mortgage at a rate that greatly exceeds the rest of the population.
More than one in seven homeowners with loans in excess of a million dollars are seriously delinquent, according to data compiled for The New York Times by the real estate analytics firm CoreLogic.
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Lenders are fearful that many of the 11 million or so homeowners who owe more than their house is worth will walk away from them, especially if the real estate market begins to weaken again. The so-called strategic defaults have become a matter of intense debate in recent months.
Moral hazard -- the risk that parties to a financial transaction won't honor their obligations -- played a major role in the Wall Street crash in the fall of 2008. Now it poses a problem in the jumbo mortgage market: mortgages of $500K on up. Since a lot of these highly leveraged, high end properties lie within the upscale gated communities of Privatopia, they pose a risk for their HOAs as well since these "walk away" homeowners will have no qualms about also walking away from their HOA assessments.
East Bridgewater condo association learns hard lesson
Residents of Hillcrest Village in East Bridgewater learned a hard fiscal lesson when they let one person control the condo association’s money.
The group’s former treasurer, Edward M. Richards, 55, is now charged with embezzling $102,000 from the association.
“To let one person control the money is a horrible idea,” said Bob McBride, CEO of the Dartmouth Group, a condo and property management company based in Bedford, “because people don’t ask the right questions.”
The safest bet for associations – and other groups – is to have more than one person watching the books and sharing responsibility for the money.
“When it comes to finances, you absolutely need to go with a management company,” said Pamela Brown, a unit owner and former condo association trustee at another complex.
Brown is a 27-year resident of Pomponoho Pines Condominiums in East Bridgewater – a 128-unit complex just yards from Hillcrest Village.
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I am gobsmacked! There must be something in HOA waters that addles people's thinking.
Millions of dollars have been embezzled by management company employees. As long as HOAs can operate under cover of darkness, embezzlement will be a very real part of association living.
National Anthem a no-go at La Casa
Van Tassell wrote, "It is the feeling of the Board that this covers all of the Americas adequately. It is our request that any La Casa Clubs having a musical group follow this policy."
There are many rules that some of our residents don't care for," said Activity Association secretary Dorothy Freiler Wednesday. "We tried to establish a policy without offending people. Nobody has an objection to the 'Star Spangled Banner.' "
Freiler said the songs "My Country 'Tis of Thee" and "America the Beautiful" are more "singable."
" 'The Star Spangled Banner" has a wide range of notes that some people can't reach," she said. "Other patriotic songs are more singable."
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Aren't HOAs great? They even choose your music for you so you don't have to. I feel like singing "It's a beautiful day in the neighborhood." I wonder if it is on the approved song list in my neighborhood?
Thursday, July 08, 2010
Ex-Employee Gets 10 Years For $700,000 HOA Theft
ADAMS COUNTY, Colo. -- A former employee was sentenced to 10 years in prison Wednesday for stealing more than $700,000 from homeowners associations in metro Denver.
Stacey Lynn Chevarria, who worked for Vista Management in Westminster, admitted she stole the money, authorities said. She was sentenced in Adams County District Court.
The thefts surfaced in October 2009 when Vista Management President Cindy Combs and her bookkeeper were trying to reconcile bank books and discovered money missing, police said.
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More evidence that HOAs need the power to foreclose. Heavens, if they didn't some homeowners might not pay their assessments and that justwouldn't be fair, would it?
Hmmmm, something just isn't quite clicking.
Strings put on beach-front buyouts
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It just keeps getting more and more interesting.
Thanks to Fred Fischer for this story.
Tuesday, July 06, 2010
Corolla resort manager sentenced
The embezzled money came primarily from association dues and assessments collected from nearly 100 Buck Island homeowners as well as monies set aside by property owners for ongoing maintenance and repair of their homes, the release states.
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Let's see, HOAs must have the power to foreclose because without it some owners won't pay their dues which just won't be fair on the other owners. Right? But what about all the money that is embezzled from these same poor homeowners? Why is a million dollars" an isolated incident" but a couple of hundred dollars in unpaid assessments cause for foreclosure?
vLog - 29 June 2010: Homeowner's Associations - Putting the "ass" in association
Interesting commentary on associations and why it is so difficult to get more homeowner friendly laws passed in Texas. Thanks to Bill Davis for the link.