Friday, August 31, 2012

State files lawsuit against three board members of The Harbours

State files lawsuit against three board members of The Harbours Recent Local News News and Tribune: The Indiana Attorney General’s Office filed the complaint in Clark County Circuit Court No. 2 against board members Kevin Zipperle, Mary Lou Trautwein-Lamkin and Sharon Chandler, according to a press release from the office. Frank Prell is also named in the lawsuit as a former owner of multiple condominium units at The Harbours, which is located at 1 River Point Plaza.

“Today’s lawsuit is the first of its kind under a new state law allowing the Attorney General’s Office to regulate homeowner associations,” said Gabrielle Owens, director of the Homeowner Protection Unit and Licensing Enforcement Unit of the Indiana Attorney General’s Office. “Board members have a fiduciary duty to serve in the interest of those they represent. Our office is committed to protecting homeowners and will continue to bring actions against violators who misuse their positions for personal gain.”

A state law passed in 2011 allows the Attorney General’s Office to regulate homeowners associations similar to other nonprofit organizations. The office has the authority to bring actions against a homeowner association’s board of directors and in some cases, against association board members.
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California and other state AGs already have oversight authority over HOA corporations in their role as regulators of nonprofit corporations.  But they have historically relegated complaints against HOA corporations to the bottom of the inbox citing lack of resources.

Wednesday, August 29, 2012

Las Vegas Housing Marking Facing Foreclosure Glut - 8 News NOW

Las Vegas Housing Marking Facing Foreclosure Glut - 8 News NOW: LAS VEGAS -- It's estimated there are thousands of foreclosed homes about to hit the local housing market.

According to banking and real estate insiders, Las Vegas real estate is about to take another big hit, and it could delay the recovery for years to come.

Foreclosure notices continue to be posted on homes around the Las Vegas valley.

"What I'm hearing from sources, is that work has never been busier," realtor Jared Jones said.

According to real estate experts, a new wave of foreclosures is about to hit the market. It will most likely turn what has been a seller's market, for the last few months, into another foreclosure free-for-all. It could potentially drive Las Vegas Home prices down even further.
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Despite more positive numbers lately for the residential real estate sector, the Las Vegas area -- a Privatopian province of some of the biggest common interest developments in the nation -- is still convulsing.

Sunday, August 26, 2012

Illinois General Assembly - Bill Status for SB3572

Illinois General Assembly - Bill Status for SB3572
This revision of the Common Interest Community Associations Act was just signed by Governor Quinn. The Act applies to non-condo associations, i.e., homeowners associations.

Thursday, August 23, 2012

First Our Homes, Now Our Water? | Food & Water Watch

First Our Homes, Now Our Water? | Food & Water Watch:
Following its disastrous foray into the housing market, Wall Street’s latest earnings scheme is as close as your kitchen sink: the finance industry is increasingly targeting public water systems. A new report released today by the national consumer advocacy group Food & Water Watch, Private Equity, Public Inequity: The Public Cost of Private Equity Takeovers of U.S. Water Infrastructure reveals that as of January 2012, private equity players had raised $186 billion through 276 infrastructure funds and were seeking another $93 billion to take over infrastructure worldwide.
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As state and local governments face increasing fiscal constraints, private equity funds make what must seem like attractive offers, at least in the short term. But if experience has taught us anything, it is that the long term costs and benefits and other consequences must be taken into account.

Sales of New U.S. Homes Increase to Match Two-Year High - Bloomberg

Sales of New U.S. Homes Increase to Match Two-Year High - Bloomberg:
Purchases of new U.S. homes rose more than projected in July to match a two-year high, a sign the industry that helped trigger the recession is recovering. Sales climbed 3.6 percent to a 372,000 annual pace, following a 359,000 rate in June that was higher than previously estimated, figures from the Commerce Department showed today in Washington. Last month’s rate was the same as in May, which was the strongest since April 2010. The median forecast of 72 economists surveyed by Bloomberg called for a rise to 365,000.
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This is still an anemic number of new home sales, but at least it's going in the right direction.

Wednesday, August 22, 2012

DCPP Arquitectos' Sky Condos Offer Sky-High Balconies With Swimming Pools In Lima, Peru (PHOTOS)

DCPP Arquitectos' Sky Condos Offer Sky-High Balconies With Swimming Pools In Lima, Peru (PHOTOS):

s-SKY-CONDOS-large.jpg


DCPP Arquitectos' planned Sky Condos will feature balconies with private pools and other amenities that aim to better integrate indoor and outdoor spaces, according to a Google translation of the company’s website. (Hat tip: the Daily Mail.) The 20-story condo building, designed to be “an icon for the future," will be located in the heart of a wealthy area of Lima and offer its residents views of a nearby golf course.
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It appears that if you get out of the pool on the wrong side your first step takes you down about 20 stories.

How Some States Are Giving Oil and Gas Companies the Right to Take Your Land | Alternet

How Some States Are Giving Oil and Gas Companies the Right to Take Your Land | Alternet
They are called "natural resource development takings," and this article contains a link to an essay by a law professor that explains the process.
ps:  To commenters--please don't include huge chunks of text from copyrighted articles in your comments. Limit that to a few sentences.

Late Night: Wine and Mega-Church Clash in Temecula’s Vineyards | La Figa

Late Night: Wine and Mega-Church Clash in Temecula’s Vineyards | La Figa:
A zoning ordinance, adopted in 1994, prohibits the building of� houses of worship and other non-commercial, non-agricultural ventures in the AVA and C/V zones. And at least one church wants that changed, Calvary Chapel Bible Fellowship in Temecula, which operates without a permit in the AVA; the church was built before current zoning went into effect. Calvary Chapel Bible Fellowship is seeking to expand their campus to include more parking lots and a K-8 school with a playground, and has launched an offensive, including urging their flock to write the Riverside Planning Commission and the Country Board of Supervisors, as well as attending the Planning Commission meeting on August 22. Chick-fil-A will be providing Wednesday’s lunch for the Calvary Chapel cavalry.
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It isn't that the vintners are against churches. The problem is that the church and school would have to be protected against all the chemicals that are sprayed on the grapes.  There would be a half-mile circle around the church that would be lost to agriculture.

Tuesday, August 21, 2012

Lakeview couple sues condo for neighbor's 20 smelly cats - chicagotribune.com

Lakeview couple sues condo for neighbor's 20 smelly cats - chicagotribune.com:
A married couple living in a Lakeview condominium filed a lawsuit Monday in Cook County Circuit Court against a neighbor, their condominium association, individual board members and property managers, claiming their downstairs neighbor's approximately 20 cats have caused odors of urine and feces to permeate into their unit.
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I don't have any data on it, but there seem to be more and more of these cases involving smells and sounds that emanate from one unit to others, and the obligations of condo associations to address the situation. I think these are difficult situations for all concerned, but twenty cats certainly could produce some significant odors.

Billionaire's new Colorado town is a private Old West marvel - The Denver Post

Billionaire's new Colorado town is a private Old West marvel - The Denver Post: KEBLER PASS�—There's a new town in Colorado. It has about 50 buildings, including a saloon, a church, a jail, a firehouse, a livery and a train station. Soon, it will have a mansion on a hill so the town's founder can look down on his creation.

But don't expect to move here — or even to visit.

This town is billionaire Bill Koch's fascination with the Old West rendered in bricks and mortar. It sits on a 420-acre meadow on his Bear Ranch below the Raggeds Wilderness Area in Gunnison County. It's an unpopulated, faux Western town that might boggle the mind of anyone who ever had a playhouse.
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And he says it will never, ever be open to the public, so all you unwashed peons can just keep out.  This is one of the notorious Koch brothers, the oil billionaires who bankrolled much of the Tea Party and are pushing the Republican party farther and farther to the right.

Sunday, August 19, 2012

Bank-owned vacant properties and the homeless in Chicago

Truthout | Fearless, Independent News and Opinion
"A housing liberation movement is brewing in Chicago. The idea is simple: Tens of thousands - possibly hundreds of thousands - of vacant, bank-owned homes are a large part of what is making the poorest neighborhoods of Chicago into semi-forsaken tracts ridden with crime and blight. These houses are so bad that Mayor Rahm Emanuel recently announced that he’d spend $4 million just to tear some down. Meanwhile, there are more than 20,000 homeless adults and tens of thousands of additional homeless youth in the city fighting through life as capitalism’s refugees.... The only definition of these so-called assets that makes sense is their immediate capacity to serve as homes for families."
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Seems like a good match: empty bank-owned houses and people with no place to live

Reader's Watchdog: Condo group's moves have homeowners crying foul | The Des Moines Register | DesMoinesRegister.com

Reader's Watchdog: Condo group's moves have homeowners crying foul | The Des Moines Register | DesMoinesRegister.com: Some Iowa lawmakers tried to pass model legislation passed in Colorado and other states that would fix that. But state Rep. Julian Garrett, R-Indianola, told me the legislation, the Uniform Common Interest Ownership Act, died for lack of support at the end of the past session.

Until those holes are fixed and consumer protections are made stronger, Bill Brauch, who heads the state attorney general’s consumer protection division, told me he would never join a homeowners’ association.

“You have so little control over the many negative things that can happen to you,” he said. “And then you become trapped in a situation beyond your control that only continues to deteriorate.”

Saturday, August 18, 2012

Judge targets  ‘piece of s---’ lawyer with bullseye poster during trial - NY Daily News

Judge targets  ‘piece of s---’ lawyer with bullseye poster during trial - NY Daily News


A quirky Brooklyn judge lambasted a lawyer as a “piece of s---” and hung “Wanted” posters featuring the man’s photo — then drew a bull’s eye in red ink on the face, court papers allege.
Supreme Court Justice Arthur Schack — who has been hailed nationwide as a hero for standing up for the little guy in foreclosure cases — is in the crosshairs of lawyers trying to boot him off their case.
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Thanks to Fred Pilot for this link.

County code backs up HOA's cat leash rule - Real Estate - ReviewJournal.com

County code backs up HOA's cat leash rule - Real Estate - ReviewJournal.com:
"Your HOA board members need to rethink their position of how to monitor the pool. At any time and in any community, associations have neighbors using their pools. It is a constant headache. With the economic conditions of Southern Nevada, not many associations can afford part-time summer security or a pool monitor. Some associations have people wear armbands to identify them as association members. The colors of the armbands often change each season."
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Fred Pilot sent the link to this Barbara Holland column in the Las Vegas Review Journal--one of those weekly "ask questions about your condo/HOA" columns.  This answer responds to a series of questions about some petty and annoying practices, in this case padlocking the pool gate. One alternative:  Armbands??? How about tattooed barcodes for all HOA residents, while you are at it?

Law firm may be double-dipping on homeowner association fees - latimes.com

Law firm may be double-dipping on homeowner association fees - latimes.com

"Question: My homeowners association has contracted with the same attorney firm on retainer for more than 25 years. The attorney also receives 40% of any money collected from dues and fines, and the association is demanding more in settlements to recoup its attorney expenses. In response to questions of this practice at a board meeting, the president said that "we have no choice in this economy due to the high number of delinquencies but to use the attorney's services, and all HOAs are doing this now." Many of my longtime neighbors are walking away from their homes because they can't meet these higher re-payment demands by the board. The association should be negotiating with owners, without the added expense of the attorney's fees. Is my association being ripped off, and are the attorneys double-dipping?"
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Donie Vanitzian responds to this question in her Los Angeles Times column. Donie points out some serious questions about what looks like an attorney taking a 40% contingency fee from amounts recovered from delinquent owners, but the amounts recovered would seem to already include attorney fees related to the recovery.  Add to that the fact that the attorney is already on retainer.  The question is whether the attorney is taking 40% of an amount recovered from the delinquent owner that actually includes attorney fees, presumably calculated on an hourly basis (and maybe even including his retainer). The question says, "My homeowners association has contracted with the same attorney firm on retainer for more than 25 years. The attorney also receives 40% of any money collected from dues and fines…"  But the retainer is probably for all the work the attorney does for them, not just collections. And the contract probably says something like, "the association pays the attorney $x per month, and in addition the attorney gets paid 40% of what he recovers from delinquent owners." But how does the attorney include his fees in the claim agains the owner, which he would certainly do, because those are recoverable under the statute?  First, how does he include a retainer fee?  Second, how does he include attorney fees related to the recovery, such as writing letters, etc.? Because only the recovery costs are chargeable to the owner.  And if he then takes 40% of the assessments, late fees, AND attorney fees, that certainly looks like double-dipping.  As Donie says, "Law firms engaged in a collections practice may take a percentage of the amount collected, forgoing any claim to attorney's fees, or they collect under situations allowing them to recover their fees. The latter generally pertains to associations collecting delinquent assessments."
Thanks to Fred Pilot for the link.

Friday, August 17, 2012

Speed humps on community road lead to anger, vandalism � Marco Eagle

Speed humps on community road lead to anger, vandalism � Marco Eagle: Five complaints from residents reached Collier County Code Enforcement, which contacted board members and issued a notice of violation in June. Even private roads needed county approval for such changes, the county said.

Then a particularly contentious board meeting in July nearly ended in a brawl outside meeting chambers, Treasurer Terry Savage said.

"It was the biggest yelling match I've seen," said Savage, who has served on the board for more than a year. "I'm not sure my wife will want me to be on the board again."
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So called traffic calming devices such as speed bumps seem to have the opposite effect on the residents of this corner of Privatopia.

Ruling could change course of collection proceedings - chicagotribune.com

Ruling could change course of collection proceedings - chicagotribune.com

Delinquent condominium owners historically have been told to pay up, no matter how well the board took care of the property. But an Illinois appellate court this summer said just the opposite. The groundbreaking decision could change the course of collection proceedings nationwide.
The case, Spanish Court Two Condominium Association v. Lisa Carlson, began two years ago when the association sued the owner for nonpayment of assessments under the Forcible Entry and Detainer Act. This law allows associations to take temporary possession of a unit and rent it out until the delinquency has been paid. The owner countersued the association for failing to maintain, repair and replace the common elements as required by its governing documents. The trial court ruled in favor of the association.
But the Second District Appellate Court in late June disagreed. The three-judge panel ruled that associations are duty-bound to repair and maintain the common elements and that neglect can be a viable defense, at least in eviction cases like this one. Comparing the relationships between landlords and tenants to associations and owners, they wrote: "Just as the contract principle of mutually exchanged promises can justify a tenant's refusal to pay rent, so that principle can justify a condominium unit owner's refusal to pay assessments."
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Pamela McKuen of the Chicago Tribune reports on this major decision.   Link to opinion here.

Experts debate legality of plan to apply eminent domain to mortgages - Real Estate - The Sacramento Bee

Experts debate legality of plan to apply eminent domain to mortgages - Real Estate - The Sacramento Bee: A plan to use eminent domain to seize underwater mortgages has raised hopes of homeowner bailouts in cities stricken by the housing crisis, including Sacramento, Rancho Cordova and Elk Grove.

But would such a novel plan even be legal?

Experts say the proposal being shopped around by San Francisco's Mortgage Resolution Partners may well meet the U.S. Supreme Court's broad definition of a public use under eminent domain law. The investor group is encouraging cities and counties to condemn mortgages and cut the amount borrowers owe to prevent blight and boost local economies.

The sticking point, legal experts say, will be when it comes to paying the "just compensation" required under the U.S. and California constitutions.
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Problem is by the time the U.S. Supreme Court rules on the question -- where the issue will mostly likely end up -- years will have elapsed and the current market will have changed such that fewer homes will be underwater.

Thursday, August 16, 2012

Nation's Lower Class At Least Grateful It Not Part Of Nation's Middle Class | The Onion - America's Finest News Source

Nation's Lower Class At Least Grateful It Not Part Of Nation's Middle Class | The Onion - America's Finest News Source: "The unrealistic expectations and false hope they experience must be unbearable," Camden, NJ hotel clerk Allison Jacobsen told researchers, noting that while her $22,000 annual salary barely covers her rent and groceries each month, at least she doesn't operate under the flawed assumption that her situation will ever improve. "A life spent constantly stressing out over a dead-end job or struggling to pay off a fixed 30-year mortgage on a continuously depreciating three-bedroom townhouse? It's horrific.