Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Saturday, October 09, 2010
Sleazy Real Estate Developers' Latest Scam Could Skim 5 Percent Off Your Home's Value | | AlterNet
Friday, October 08, 2010
BofA halts foreclosure sales in 50 states
Charlotte, N.C.-based Bank of America Corp., the nation's largest bank, said Friday it would stop sales of foreclosed homes in all 50 states as it reviews documents used to process foreclosures. A week earlier, the company had said it would only stop such sales in the 23 states where foreclosures must be approved by a judge.
"We will stop foreclosure sales until our assessment has been satisfactorily completed," company spokesman Dan Frahm said in a statement. "Our ongoing assessment shows the basis for our past foreclosure decisions is accurate."
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This appears to be the beginnings of a foreclosure holiday with lenders finally realizing that mass foreclosures aren't benefiting anyone and may well exacerbate and extend weak economic conditions, leading to even more non performing mortgages in a classic unvirtuous cycle. The legal brouhaha over the validity of foreclosure documents provides a convenient and face saving rationale for a hiatus on foreclosures. Lenders may also be realizing that their notes could be more easily recoverable and worth more in the future when the legal and economic climate is less uncertain.
The other foreclosure crisis gets more press
In California, for example, associations may begin the foreclosure process only 75 days after a missed payment was first due, while a tax collector must wait five years before beginning the foreclosure process for a tax lien. Associations are not required to go through a court to foreclose, as a property owner would to evict a tenant. Also, homeowners do not receive the benefit of the homestead exemption when their house is foreclosed upon by an association, as they would in the case of any other money judgment.
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Yes, it can. The mortgage foreclosure crisis has gotten a lot of press. Now so are foreclosures by HOAs, which by comparison to lender foreclosures come far faster and less mercifully -- and well before the tax man comes calling for delinquent property taxes.
Nonprofits Unable To Keep Up With Growing Suburban Poverty, New Reports Say
Obama won't sign bill that would affect foreclosure proceedings
Thursday, October 07, 2010
Suburbs take hit as US poverty climbs in downturn
More than half, or 57, of the 100 largest U.S. metro areas had substantial increases in poverty. They were most evident in Sun Belt suburban areas including Modesto and Riverside, both in California, as well as Lakeland, Fla.; Orlando; Miami and Tampa, which had seen large population gains during the housing boom.
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That's Privatopia and this negative trend may at least partly explain why lots of HOAs are coming up short on assessments.
Wednesday, September 29, 2010
Madison: Gated City?
Madison Mayor Mary Hawkins Butler’s recent strategy to keep outsiders from attending a city festival is consistent with the city’s history of enforcing strict neighborhood covenants and zoning regulations that restrict rental properties in the city. Madison has long promoted itself as more of a club than a city, but last week, after Hawkins Butler cited Franklin, Tenn., as a model city for a residents-only festival, Franklin officials said they had never heard of such a practice.
Hawkins Butler told the Madison County Herald Sept. 18 that the city was cancelling this year’s annual family fall festival, FreedomFest, because of unexpected budget expenditures and the high number of non-Madison residents who attended the event in the past.
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Another example of what the perfessor would say illustrates how municipalities are adopting restrictive, HOA-like behaviors.
Tuesday, September 28, 2010
Privatization as a plutocratic plot: They Want To Privatize Everything | California Progress Report
They Want To Privatize Everything | California Progress Report
One of the most important trends afoot right now is the move to privatize as many government services as possible. Billionaires like Bill Gates, along with hedge funds, are pushing an agenda of privatizing public schools, and funding a PR push in support of that cause with films like "Waiting for Superman" and the NBC "Education Nation" that included a panel with the title "Does Education Need a Katrina?".
This trend is fueled by the desire of the richest Americans to seek new income streams. Instead of spending their cash hoard on innovating new products or businesses that can create jobs and lasting economic activity, they're engaged in a process of rent seeking, which has no productive value. By taking tax dollars that currently provide public services and channeling them to the private sector, which contracts to provide the service at lower cost - and therefore at lower quality - these wealthy individuals can add new income streams while also blunting any effort to raise their taxes to provide these services.
Friday, September 24, 2010
Police: Conn. man stole flag, put up hippo toy
WATERBURY, Conn. – Call it the case of the flying hippo. Connecticut police said a man stole an American flag from Waterbury's Town Plot Park and hoisted a stuffed hippopotamus toy in its place. Twenty-three-year-old Jeffrey Kovic, of Waterbury, was arrested and was being held in lieu of $100,000 bail on misdemeanor larceny, criminal mischief and conspiracy charges.
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Good thing he didn't fly the hippo from a pole in Privatopia or he would have faced both public and private prosecution.
Monday, September 20, 2010
Ozone layer 'is no longer disappearing and will return to full strength by 2048' | Mail Online
The phasing out of nearly 100 substances once used in products like refrigerators and aerosols has stopped the ozone layer being depleted further, although it is not yet increasing, according to a new United Nations report released last week.
Read more: http://www.dailymail.co.uk/sciencetech/article-1313599/Ozone-layer-longer-disappearing-return-strength-2048.html#ixzz108BleiJP
Friday, September 17, 2010
Banks win delay in demolition of abandoned Fort Lauderdale condo complex
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Ever wonder what happens when an association goes defunct? It is not pretty.
And what happens to all those property values that were being protected?
Thursday, September 16, 2010
When a municipal election resembles Privatopia
Wednesday, September 15, 2010
Yellow mailboxes latest symbol of anti-HOA protest


Mailbox battle in Chesterfield's Brandermill brings protest
Day by day, more of the yellow boxes are popping up. In fact, one more for our camera early this morning. They are standing out in a community making a big visual statement about a decision that hits their wallet. But it's a decision that the community association board says has been publicized for months, like in the community newspaper.
They are hard to miss -- one yellow box after another. When-Dee Morrison spearheaded this protest. "They definitely stand out. It doesn't go with our park-like setting," Morrison said. This, just days after the Brandermill Community Association decided each home in this community must get this new mailbox. Those boxes would cost $155.________________________________
As political scientists are wont to do, Evan McKenzie, the owner of this plot of cyberspace real estate, has labeled the yet unorganized political movement that rejects the authority of private HOA governance (but oddly doesn't lobby states to repeal HOA enabling statutes) as the Pink Flamingos.
That token of expressing discontent and defiance arose out of HOAs going after inmates who dared to plant the tacky pink plastic avian decorations on their front lawns, potentially driving down property values faster than a trailer park full of deteriorating double wide FEMA trailers.
Now another symbol of protest against dictatorial, unresponsive Privatopian government has emerged: the yellow mailbox. Perhaps not coincidentally the same color of the Gadsen "Don't Tread on Me" flag that has become the symbol of a somewhat more organized political movement called the Tea Party.
Monday, September 13, 2010
Rule breakers, beware: New law gives homeowners' associations more muscle - Home & Garden - MiamiHerald.com
Homeowner's Association Uses Chopper To Find Violations - Local 2 Investigates News Story - KPRC Houston
Big Brother is searching you - Computerworld
"The town of Riverhead on Long Island usedGoogle Earth to search all back yards in the town for illegal swimming pools.
They found about 250 pools built without permits and collected about $75,000 in fines."
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This came from Mystery Reader. I remember prosecuting drug cases where the search warrant was based on aerial surveillance, and the Supreme Court ruled on issues such as how high the plane had to be, etc. But now government can use Google Earth and zoom right in.
FT.com / US / Economy & Fed - US state steps in to meet city’s debt cost
Sunday, September 12, 2010
SIDE STREETS: HOA acting squirrelly at Lexington Park and everyone appears to be nuts
SIDE STREETS: HOA acting squirrelly at Lexington Park and everyone appears to be nuts
It sounded too wild to be true: A woman claimed her efforts to rescue a squirrel had incited the wrath of her homeowners association board and led to harassment, hundreds of dollars in fines, and even allegations of felony theft lodged against her with police.
So I contacted the president of the Lexington Park Townhomes HOA figuring I’d clear it up and move on.
But Chad Farris, the HOA president, declined to talk to me. Ordered me not to use his name. Wanted me to meet him “in a public place with my attorney present.”
Hmm. Maybe the squirrel lady isn’t nuts, after all.
---------------------------------------------------------Indeed. And kudos to the writer of the headline for this tale of HOA insanity.
Friday, September 10, 2010
FOXNews.com - Cities Increasingly Turn to 'Trash Police' to Enforce Recycling Laws
In a growing number of cities across the U.S., local governments are placing computer chips in recycling bins to collect data on refuse disposal, and then fining residents who don't participate in recycling efforts and forcing others into educational programs meant to instill respect for the environment.
From Charlotte, N.C., to Cleveland, Ohio, from Boise, Idaho, to Flint, Mich., the green police are spreading out. And that alarms some privacy advocates who are asking: Should local governments have the right to monitor how you divide your paper cups from your plastic forks? Is that really the role of government?
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I'd say, "no."
Wednesday, September 08, 2010
http://www2.tbo.com/content/2010/sep/08/pa-homeowners-stand-may-be-shortsighted/
Cars on blocks. Knee-deep grass. Going to seed. Around a neglected above-ground pool. In the front yard. Chartreuse-and-fuchsia repainting jobs. Beds of silk plants. Bordered by pinwheels acquired at a dollar store end-of-the-season closeout sale.
The horror. The horror.
Apocalyptic prospects
The remote chance that one or some combination of these apocalyptic prospects could come to pass on your block is why deed restrictions and their enforcement arm - the homeowners association - evolved. It turns out, apparently, after Woodstock and Vietnam, we no longer trust one another to tend to our corner of the American dream as fastidiously and tastefully as June and Ward Cleaver (the 1980s Clair and Cliff Huxtable notwithstanding).
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To that, the HOA abolitionists cry "HOA apocalypse now!"