Infrastructure 101: The Evolution of Building Big Things (Part 1)
This is a brilliant and easily understood series on the privatization of infrastructure by Dickinson Law School professor Ellen Dannin. The second part is here.
And here is a great PBS program on this subject that includes Professor Dannin.
Saturday, January 18, 2014
Tuesday, January 14, 2014
HOAs and pot: A complicated, volatile mix | The Cannabist
HOAs and pot: A complicated, volatile mix | The Cannabist: Homeowner associations are approaching lawyers to find out whether they can ban marijuana use, even in homes, much as they do garish paint colors and funky yard art — a question that may have to be settled in court.
Already, at Breckenridge’s River Mountain Lodge, a condominium in which second-homeowners rent out their properties mainly to vacationers, growing pot and distributing it was banned last year for medical marijuana. And that now extends to recreational pot, as does a previous smoking ban in all of the units.
In Aurora, several HOAs have inquired about their rights regarding restricting the use, possession and cultivation of pot.
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Do bogart that joint, my friends.
Already, at Breckenridge’s River Mountain Lodge, a condominium in which second-homeowners rent out their properties mainly to vacationers, growing pot and distributing it was banned last year for medical marijuana. And that now extends to recreational pot, as does a previous smoking ban in all of the units.
In Aurora, several HOAs have inquired about their rights regarding restricting the use, possession and cultivation of pot.
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Do bogart that joint, my friends.
Thursday, January 02, 2014
In Search of the First Human Home - Issue 8: Home - Nautilus
In Search of the First Human Home - Issue 8: Home - Nautilus
"If an archaeologist had to pick an example of the earliest structures that most resembled our modern idea of home, it would probably be the round houses built by the semi-sedentary Natufians, an ancient people who lived around the eastern end of the Mediterranean Sea (Israel, Syria, and environs) at the end of the last Ice Age, some 12,000 years ago."
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"If an archaeologist had to pick an example of the earliest structures that most resembled our modern idea of home, it would probably be the round houses built by the semi-sedentary Natufians, an ancient people who lived around the eastern end of the Mediterranean Sea (Israel, Syria, and environs) at the end of the last Ice Age, some 12,000 years ago."
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Wednesday, December 25, 2013
Privatization Debate Likely to Resurface in 2014 General Assembly | WEKU
Privatization Debate Likely to Resurface in 2014 General Assembly | WEKU
"Kentucky lawmakers are being asked to consider a new proposal for privatizing certain services or projects. It is not new to Kentucky state government. Privatization was used in a significant way to house inmates across the Commonwealth for decades. The state cut its tie to privately run prisons earlier this year. The number of inmates housed in prisons has been on the decline. There were also sexual abuse of inmate allegations and complaints by shift supervisors, allegations denied by the private firm. Bob Gray worked in state government for a quarter century before going into consulting. He believes private firms can be key players in the public arena."
"Kentucky lawmakers are being asked to consider a new proposal for privatizing certain services or projects. It is not new to Kentucky state government. Privatization was used in a significant way to house inmates across the Commonwealth for decades. The state cut its tie to privately run prisons earlier this year. The number of inmates housed in prisons has been on the decline. There were also sexual abuse of inmate allegations and complaints by shift supervisors, allegations denied by the private firm. Bob Gray worked in state government for a quarter century before going into consulting. He believes private firms can be key players in the public arena."
Tuesday, December 24, 2013
2013 highlights--Illinois condo and HOA law--Pamela McKuen, Chicago Tribune
2013 highlights for Illinois condo association law
"If your community association's meetings seem to be getting longer, it's not your imagination. Myriad court judgments, legislation and hot topics this year have given boards plenty to talk about and added work to do."
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Including the horrendous Lake Holiday case that allows HOAs to create private police departments and conduct traffic stops.
"If your community association's meetings seem to be getting longer, it's not your imagination. Myriad court judgments, legislation and hot topics this year have given boards plenty to talk about and added work to do."
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Including the horrendous Lake Holiday case that allows HOAs to create private police departments and conduct traffic stops.
Monday, December 23, 2013
Homeowners group targets HOA transfer fees in Colorado - The Denver Post
Homeowners group targets HOA transfer fees in Colorado - The Denver Post: "Community managers have never justified this fee," said Stan Hrincevich, president of the Colorado HOA Forum, who calls the charges "costly" and "unwarranted."
Hrincevich said he has seen transfer fees ranging from $50 to $500 or more and estimates they average about $200 per sale.
He argues that transfers should be handled as part of existing administrative costs, given that they usually involve nothing more than a form letter drafted from existing HOA records.
Hrincevich said his group is working with state Rep. Jeanne Labuda, D-Denver, and state Sen. John Kefalas, D- Fort Collins, on a bill that would either eliminate the transfer fees or cap them at $50.
Hrincevich said he has seen transfer fees ranging from $50 to $500 or more and estimates they average about $200 per sale.
He argues that transfers should be handled as part of existing administrative costs, given that they usually involve nothing more than a form letter drafted from existing HOA records.
Hrincevich said his group is working with state Rep. Jeanne Labuda, D-Denver, and state Sen. John Kefalas, D- Fort Collins, on a bill that would either eliminate the transfer fees or cap them at $50.
Sunday, December 22, 2013
10News - La Jolla man fighting for Christmas decorations - 10News.com - News
10News - La Jolla man fighting for Christmas decorations - 10News.com - News
The HOA grinch goes after some guy's holiday lights. He puts up more lights and brings in carolers. Fa la la la la. Film at 10 on ABC 10 San Diego.
The HOA grinch goes after some guy's holiday lights. He puts up more lights and brings in carolers. Fa la la la la. Film at 10 on ABC 10 San Diego.
Why the system of rail privatisation in the UK has been a disaster | British Politics and Policy at LSE
Why the system of rail privatisation in the UK has been a disaster | British Politics and Policy at LSE
"A troublemaking report from the Centre for Research in Socio-Cultural Change (CRESC) has been upsetting the powerful again. The Great Train Robbery: rail privatisation and after has a great deal to say about the business models that now underpin the disastrous system of rail privatisation in the UK, but it also reveals a pattern that will particularly interest the readers of a politics blog. It shows that the initial vision offered by privatisers of a transparent and democratically accountable set of privatised markets has turned out, in reality, to be something very different: the politics of rail privatisation involves backstairs lobbying, manipulation of the terms of public debate by well resourced private interests and a blurring of the divide between the public and the private."
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In the 1980s many people saw privatization as a panacea for all the problems associated with provision of public goods. The "private sector" had all the answers, they said. Markets would bring about efficient delivery of high-quality public services. Now there are hundreds of case studies raising all sorts of troubling questions.
"A troublemaking report from the Centre for Research in Socio-Cultural Change (CRESC) has been upsetting the powerful again. The Great Train Robbery: rail privatisation and after has a great deal to say about the business models that now underpin the disastrous system of rail privatisation in the UK, but it also reveals a pattern that will particularly interest the readers of a politics blog. It shows that the initial vision offered by privatisers of a transparent and democratically accountable set of privatised markets has turned out, in reality, to be something very different: the politics of rail privatisation involves backstairs lobbying, manipulation of the terms of public debate by well resourced private interests and a blurring of the divide between the public and the private."
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In the 1980s many people saw privatization as a panacea for all the problems associated with provision of public goods. The "private sector" had all the answers, they said. Markets would bring about efficient delivery of high-quality public services. Now there are hundreds of case studies raising all sorts of troubling questions.
Wednesday, December 18, 2013
HOA tells homeowner to get rid of metal security doors - Atlanta News, Weather, Traffic, and Sports | FOX 5
HOA tells homeowner to get rid of metal security doors - Atlanta News, Weather, Traffic, and Sports | FOX 5: MORROW, Ga. - A Morrow man is battling his homeowners association over security doors.
Mathew Goodson installed metal security doors in June after a rash of break-ins in his subdivision. Goodson said just last week the security doors kept out an attempted burglar. He points to a ripped screen as evidence of the attempted break-in.
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When Privatopia becomes the hood. Film at 10 on Fox 5 Atlanta.
Mathew Goodson installed metal security doors in June after a rash of break-ins in his subdivision. Goodson said just last week the security doors kept out an attempted burglar. He points to a ripped screen as evidence of the attempted break-in.
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When Privatopia becomes the hood. Film at 10 on Fox 5 Atlanta.
Monday, December 16, 2013
Ridgeland homeowner ordered to take down Christmas decorations - Cincinnati News, FOX19-WXIX TV
Ridgeland homeowner ordered to take down Christmas decorations - Cincinnati News, FOX19-WXIX TV: RIDGELAND, MS (Mississippi News Now) - A Ridgeland homeowner is upset after being told she had to take down some of her Christmas decorations.
A Christmas mural that hangs on Carrie Higbie's garage was ordered to be taken down earlier this week because according to the Homeowners Association it doesn't adhere to the covenants for the neighborhood.
Higbie was told through a notice she had 30 days to take it down.
The HOA President says her mural violated the covenants including signage and altering the structure of the home.
Higbie was told through a notice she had 30 days to take it down.
The HOA President says her mural violated the covenants including signage and altering the structure of the home.
It's business that really rules us now | George Monbiot | Comment is free | The Guardian
It's business that really rules us now | George Monbiot | Comment is free | The Guardian
George Monbiot asks: "So I don't blame people for giving up on politics. I haven't given up yet, but I find it ever harder to explain why. When a state-corporate nexus of power has bypassed democracy and made a mockery of the voting process, when an unreformed political funding system ensures that parties can be bought and sold, when politicians of the three main parties stand and watch as public services are divvied up by a grubby cabal of privateers, what is left of this system that inspires us to participate?"
George Monbiot asks: "So I don't blame people for giving up on politics. I haven't given up yet, but I find it ever harder to explain why. When a state-corporate nexus of power has bypassed democracy and made a mockery of the voting process, when an unreformed political funding system ensures that parties can be bought and sold, when politicians of the three main parties stand and watch as public services are divvied up by a grubby cabal of privateers, what is left of this system that inspires us to participate?"
Friday, December 13, 2013
West Virginia HOA residents say "No more HOAs."
New law worries HOA members - journal-news.net | News, sports, jobs, community information for Martinsburg - The Journal: However, HOA members like Nance Briscoe, a member of Cloverdale HOA and membership chair for the EPOHOA, believe that while a Planned Neighborhood District might be good for the county, current language does not protect future HOAs developed in a PND from current HOA issues like representation.
"When you live in an HOA, you live under the restrictions that run with the land. There's no oversight for HOAs, and these PNDs are going to inherit this," Briscoe said.
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Inmates of this province of Privatopia, West Virginia sector, don't want more private HOA regimes formed under this new type of zoning known as a Planned Neighborhood District.
"When you live in an HOA, you live under the restrictions that run with the land. There's no oversight for HOAs, and these PNDs are going to inherit this," Briscoe said.
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Inmates of this province of Privatopia, West Virginia sector, don't want more private HOA regimes formed under this new type of zoning known as a Planned Neighborhood District.
Tuesday, December 10, 2013
Loxley Homeowners Association Kills Geese
Loxley Homeowners Association Kills Geese: LOXLEY, Alabama - The Lakeland Homeowners Association in Loxley is killing geese at subdivision pond. The HOA considers the geese nuisance birds.
The Lakeland HOA would not talk to us on camera but a board member did confirm the association has eliminated at least four geese.
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Geese naturally flock to retention ponds that commonly dot Privatopia. But here's another story of an HOA declaring them a public nuisance and terminating with extreme prejudice.
The Lakeland HOA would not talk to us on camera but a board member did confirm the association has eliminated at least four geese.
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Geese naturally flock to retention ponds that commonly dot Privatopia. But here's another story of an HOA declaring them a public nuisance and terminating with extreme prejudice.
Wednesday, December 04, 2013
Tuesday, December 03, 2013
O.C. neighborhood ordered to take down Christmas lights - latimes.com
O.C. neighborhood ordered to take down Christmas lights - latimes.com: The strands of Christmas lights strung across a suburban Orange County street were meant to unite neighbors during the holidays. Instead, the brightly colored decorations have left them entangled in red tape.
The canopy of lights that bring a festive glow to a Wagon Wheel neighborhood when the sun goes down are an “unpermitted encroachment” in the eyes on county officials, who’ve ordered them removed.
But residents in the subdivision tucked in the foothills of Trabuco Canyon said they have no plans to take down the lights that zigzag above the street -- despite warnings that they could be fined or even prosecuted if they fail to remove the display by nightfall Wednesday.
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It's that time of year again, boys and girls, when the HOA grinch steals Christmas and orders holiday lights and displays taken down. However in this instance, the HOA is taking a hands off stance and county code enforcers are playing Scrooge and crying "bah humbug!"
The canopy of lights that bring a festive glow to a Wagon Wheel neighborhood when the sun goes down are an “unpermitted encroachment” in the eyes on county officials, who’ve ordered them removed.
But residents in the subdivision tucked in the foothills of Trabuco Canyon said they have no plans to take down the lights that zigzag above the street -- despite warnings that they could be fined or even prosecuted if they fail to remove the display by nightfall Wednesday.
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It's that time of year again, boys and girls, when the HOA grinch steals Christmas and orders holiday lights and displays taken down. However in this instance, the HOA is taking a hands off stance and county code enforcers are playing Scrooge and crying "bah humbug!"
Community Suggests Gun Possession Is Illegal For Residents - NewsChannel5.com | Nashville News, Weather & Sports
Community Suggests Gun Possession Is Illegal For Residents - NewsChannel5.com | Nashville News, Weather & Sports
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property. "I thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu. Salajanu would like to give her neighborhood management company a history lesson."I think it's unconstitutional," Salajanu said. "They can't tell you what to own or not to own in your own house."
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property. "I thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu. Salajanu would like to give her neighborhood management company a history lesson."I think it's unconstitutional," Salajanu said. "They can't tell you what to own or not to own in your own house."
Saturday, November 30, 2013
SHRUB PRUNING BRINGS FELONY CHARGE | UTSanDiego.com
SHRUB PRUNING BRINGS FELONY CHARGE | UTSanDiego.com
"The San Diego County District Attorney’s Office is prosecuting Juvencio Adame, known locally as Vince, for “defacement, damage and destruction” in excess of $400 or more after he pruned the shrubbery near his home in July, court records show. The shrubbery in this case was on city land that abuts his property on Niagara Avenue along a popular surfing area. Adame told neighbors he did so because the overgrown shrubbery became a haven for homeless people to sleep and litter."
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Having eliminated all street crime in San Diego County...
"The San Diego County District Attorney’s Office is prosecuting Juvencio Adame, known locally as Vince, for “defacement, damage and destruction” in excess of $400 or more after he pruned the shrubbery near his home in July, court records show. The shrubbery in this case was on city land that abuts his property on Niagara Avenue along a popular surfing area. Adame told neighbors he did so because the overgrown shrubbery became a haven for homeless people to sleep and litter."
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Having eliminated all street crime in San Diego County...
Sunday, November 24, 2013
Bank seeks help from city on foreclosed subdivision CullmanTimes.com - Cullman, Alabama
Bank seeks help from city on foreclosed subdivision Top News CullmanTimes.com - Cullman, Alabama: HANCEVILLE — People’s Bank is seeking financial help from the City of Hanceville on the incomplete, foreclosed subdivision Baylor Cove so it can get the struggling development’s residential streets paved.
Mark Vincent with People’s Bank proposed the bank give the city three lots inside the subdivision in exchange for the city applying a final top coat to the streets and taking over their maintenance. Vincent said the bank has sought and received two bids for the paving work and both averaged around $50,000.
The price of the lots have fallen from a high of $40,000 to about $10,000 in current value, but the city could sell the lots in the future if they gain value, Vincent said.
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The bank is seeking a municipal bailout for this troubled development that like many of those similarly situated lacks a functioning HOA to levy property owners for needed infrastructure work.
Mark Vincent with People’s Bank proposed the bank give the city three lots inside the subdivision in exchange for the city applying a final top coat to the streets and taking over their maintenance. Vincent said the bank has sought and received two bids for the paving work and both averaged around $50,000.
The price of the lots have fallen from a high of $40,000 to about $10,000 in current value, but the city could sell the lots in the future if they gain value, Vincent said.
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The bank is seeking a municipal bailout for this troubled development that like many of those similarly situated lacks a functioning HOA to levy property owners for needed infrastructure work.
Suit alleges fraud by officers of Brentwood homeowners association | The Tennessean | tennessean.com
Suit alleges fraud by officers of Brentwood homeowners association | The Tennessean | tennessean.com: Beneath the facade of one of Brentwood’s most affluent communities, neighbors have come toe-to-toe in federal court over allegations of wiretapping, fraud and public, vulgar name-calling.
A homeowner in the gated Hampton Reserve subdivision has filed a lawsuit in U.S. District Court in Nashville alleging that neighbors and former homeowners association officers fraudulently tried to obtain portions of neighborhood common land and then suppressed opposition by intercepting and blocking community emails between residents, charges the defendants hotly deny.
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A really nasty legal fight in Privatopia, Tennessee sector. The lawsuit alleges the board wrongly gerrymandered common area boundaries to benefit a handful of owners and afford one director sufficient room to build a swimming pool on her property.
A homeowner in the gated Hampton Reserve subdivision has filed a lawsuit in U.S. District Court in Nashville alleging that neighbors and former homeowners association officers fraudulently tried to obtain portions of neighborhood common land and then suppressed opposition by intercepting and blocking community emails between residents, charges the defendants hotly deny.
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A really nasty legal fight in Privatopia, Tennessee sector. The lawsuit alleges the board wrongly gerrymandered common area boundaries to benefit a handful of owners and afford one director sufficient room to build a swimming pool on her property.
LEX 18 Investigates: Council Member Challenging HOA Foreclosure Laws | LEX18.com | Lexington, Kentucky
LEX 18 Investigates: Council Member Challenging HOA Foreclosure Laws | LEX18.com | Lexington, Kentucky: Ingrid Boak lost her house, but says she was never personally served with any papers. No one knocked on her door and no one called, she says.
The homeowners association lawyers sent plenty of letters and they all went unanswered.
"I believe that if a house can be sold without me personally getting something in my hand or sign something, it is almost like communism," Boak said.
She knows a thing or two about communism. Communists took her east German childhood home after World War II. The same feelings she had as child, have been resurrected as an adult.
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This is a familiar story. Foreclosed unit owner claims no notice of assessment delinquencies. HOA counters its letters were ignored, so pack up your stuff and get out. Hopefully there are provisions in Kentucky law that can provide an equitable outcome.
The homeowners association lawyers sent plenty of letters and they all went unanswered.
"I believe that if a house can be sold without me personally getting something in my hand or sign something, it is almost like communism," Boak said.
She knows a thing or two about communism. Communists took her east German childhood home after World War II. The same feelings she had as child, have been resurrected as an adult.
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This is a familiar story. Foreclosed unit owner claims no notice of assessment delinquencies. HOA counters its letters were ignored, so pack up your stuff and get out. Hopefully there are provisions in Kentucky law that can provide an equitable outcome.
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