Wednesday, June 17, 2015

Israel conference on residential private governmnet

I just got back from the Interdisciplinary Center at Herzliya, Israel, (known as IDC Herzliya) where I attended a conference on private communities and presented a paper. It was a wonderful experience in many ways, because I made new friends, learned a great deal about  what is happening with common interest housing in other nations, and visited Israel for the first time. You can read about it by following the link below. We are producing a book from all the papers we wrote, and there will be more research to come after that.  These were mostly lawyers and law professors, which is a different network than the urban planners, geographers, and social scientists who populate the other international network of private government scholars I'm associated with.

Here are a few notes:  Insolvency of condominium associations is a significant  problem in other nations--it isn't just a US problem.  And owners are ultimately liable for the debts of their associations in other nations, not just the US.  Most US condo and HOA owners don't know they are potentially on the hook for their associations debts, by the way.  In Spain, everybody has to rotate as a BOD member, like it or not.



http://gazit-globe.idc.ac.il/en/announcements/international-conference-private-communities-and-urban-governance-theoretical-and-c


Monday, June 08, 2015

How the rise of gated spaces like swimming pools can quietly perpetuate racial tension - The Washington Post

How the rise of gated spaces like swimming pools can quietly perpetuate racial tension - The Washington Post

This horrible McKinney, Texas, incident, with a cop brutalizing and menacing black kids while white people saunter around and manhandle the teenagers themselves, is instructive.  It is no accident that it happened in an HOA, nor was it an accident that Trayvon Martin was shot to death by "neighborhood watch volunteer" George Zimmerman in an HOA. These associations first became popular in the US as a way to enforce contractual bans on selling homes to African-Americans. And after Brown v. Board of Education in 1954 banned separate but equal public accommodations, private swimming pools became available (for only the white residents) in your local HOA. The boom in HOAs began in the years immediately following the Brown decision, and one factor was that the real estate industry decided this was a way they could continue making money peddling racial segregation. There were other factors, but segregation was, and still is, one of the reasons so many white people want to live in private and especially gated communities.



"As Yoni Appelbaum points out over at The Atlantic, this context is particularly freighted: For decades, swimming pools in America have been sites of racial exclusion. Many of the fights to desegregate communities and public resources in the 1950s were waged over access to swimming pools. And the way they're used to this day still reflects a sweeping trend — more subtle in its exclusion but no less pervasive — that arose from that era. As public resources were desegregated in American cities, communities increasingly found ways to privatize them. In McKinney on Saturday, the black teens were not using a public pool. They were swimming, rather, in the communal pool of a private community in the predominantly white part of town where civic resources like parks and pools are funded directly by homeowners."

Thursday, June 04, 2015

VT woman builds 60-foot by 24-foot 'screen' to block view of neighbor's home | Local News - WPTZ Home

VT woman builds 60-foot by 24-foot 'screen' to block view of neighbor's home | Local News - WPTZ Home


This is a new one: fabric privacy screens for homes. It's only a matter of time before they come to Privatopia and join flagpoles, flags, swingsets, clothelines and treehouses as the latest battlefront between the HOA commissars and inmates.

'Naughty Neighbors' face HOA lawsuit in Parker County

http://www.wfaa.com/story/news/local/2015/06/02/naughty-neighbors-faces-hoa-lawsuit-in-parker-co/28388783/

So it turns out that a swingers club operating out of a 4000 square foot home in a gated community is a business, according to this HOA.
The suit argues that the late-night parties are business operations because charges of up $75 per couple are listed on advertisements for the events.
HOA policy doesn't allow for businesses within the neighborhood. Specifically, the petition states that Carter is "...operating a business in violation of the Covenants which has become obnoxious, offensive, an annoyance, and a nuisance to the neighborhood, which is also a violation of the Covenants."
Other neighbors who spoke with News 8 but asked not be identified also expressed concern about the nature of the parties, and about the noise and clientele driving through the neighborhood late at night.
It wasn't immediately clear if the operation violates any county ordinance.
The lawsuit asks for an injunction, as well as attorney's fees and unspecified damages.

Wednesday, June 03, 2015

Vendors Flood Market with HOA Super-Lien Services | News

Vendors Flood Market with HOA Super-Lien Services | News

"Laws that give homeowners association debts "super lien" priority over all other claims have been a long-standing threat to servicers. But it wasn't until a pair of recent court rulings came out in favor of HOAs that industry vendors started to look at their existing data and technology to develop products for servicers to manage these risks. There are super lien laws on the books in 21 states, plus Washington, D.C. Historically, they've rarely been invoked, but when they are, the results can be devastating for mortgage debt holders. In a Nevada case ruled on last year, the first-lien mortgage holder lost its claim to an $885,000 debt because of $6,000 in delinquent HOA dues. "That gave everybody the awareness that this is not something that they should take lightly," said Ann Song, vice president of REO management for LRES, an industry vendor that recently launched HOA lien services for originators, servicers and investors...Vendors that have flooded the market with super lien-related products include Black Knight Financial Services, CoreLogic and LRES, as well as a partnership that incorporates services from MMREM and Equifax. The vendors all say their services can identify properties subject to super-lien laws and check for active HOA liens. LRES and MMREM will also help servicers negotiate HOA lien disputes. (The two vendors are both REO management companies, while LRES also has an appraisal services unit.)"

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Superlien statutes give HOA/condo association liens for unpaid assessments priority over the first mortgage, at least in some amount. They vary from state to state.  The idea is to protect the association from having its entire lien wiped out when the bank forecloses on the first mortgage and there is nothing left over to pay the association for unpaid assessments prior to the foreclosure.  The solvency of community associations hit the radar screen of policy makers since the crash of 2008. Foreclosures wrecked a lot of homeowners' lives and also left an enormous number of associations in terrible financial shape.

Tuesday, June 02, 2015

Many earthen dams on private property are behind on repairs | The Columbus Dispatch

Many earthen dams on private property are behind on repairs | The Columbus Dispatch

"Almost 43 percent of the high-hazard earthen dams in Ohio are on private land — about 200 in all. They’ve been designated as such because if the dams fail, people who live in the water’s path likely will die. Like those owned by the state, private dams pose a serious threat in part because the Ohio Department of Natural Resources, the state agency that inspects dams, goes easy on dam owners. It lets some dams remain dangerous for decades as it tries to negotiate repairs. Owners also are to blame: They often are ignorant about dam safety and lack money for repairs. “I think people are not aware of the liability that comes with the dam. ... There’s potential for great disaster, and people don’t realize that,” said Hans Gottgens, a professor of environmental sciences at the University of Toledo who has studied dam failure."

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The condition of public infrastructure in this country is deplorable, and private infrastructure may be even worse.  But we are doing a great job of blowing up infrastructure in other countries and then paying private contractors to rebuild it. So there's that.  Thanks to Deborah for this link.  By the way, take a look at this list of high speed rail miles of track by country and see where USA ranks. This is what happens when a country is run by people who think the only proper roles of government are to make war and to serve as a source of plunder for the rich.

Monday, June 01, 2015

How California Homeowners Are Dealing with Drought | Digital Trends

How California Homeowners Are Dealing with Drought | Digital Trends

"Per the new regulations, watering lawns within 48 hours of “measurable” rainfall is a finable offense. Some people are forgoing their lawns all together, either following the State Water Resources Control Board’s urgings to let the die or finding creative solutions. Some are painting their lawns green. Others are ripping them up and putting in artificial turf (to the dismay of homeowners associations) or shrubs and plants that thrive in drought conditions (known as xeriscaping), thanks to rebates available in some areas."

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Maybe the political system's reflexive deference to HOA regulations has finally run out, along with the state California's water supply. After all these decades of state legislatures and courts acting like the whims of some long-gone developer and his lawyer are holy writ, it would be nice to see some recognition that private law-making is subordinate to public policy.

Sunday, May 31, 2015

Franklin HOA settles suit after denying room for disabled kids

Franklin HOA settles suit after denying room for disabled kids



File this one in the "some people never learn" category:



"A Franklin homeowners association has agreed to pay $156,000 to parents who said they were unfairly barred from building a therapeutic space for their two children with Down syndrome. The specially designed sun room would have been a place for Charles and Melanie Hollis' young kids to play and receive physical therapy, but the Chestnut Bend Homeowners Association denied their request to construct it based on concerns about the way the addition would look, a 2012 federal lawsuit alleged. That, the lawsuit said, constituted discrimination and a violation of the Fair Housing Act, which makes it illegal for agencies to turn down what are called "reasonable modifications" that make it possible for residents with disabilities to more fully enjoy their homes."

Homeowners sue Barrington Hills after tree dispute bars them from moving in - Barrington Courier-Review

Homeowners sue Barrington Hills after tree dispute bars them from moving in - Barrington Courier-Review



"Homeowners have sued the village of Barrington Hills after being denied permission to move into their newly built mansion because of a dispute over the number of trees on the property. Najamul and Nausheen Hasan built a 9,200-square-foot estate on a five-acre lot they purchased in 2007, but they sued last week after they were recently denied an occupancy permit by the village. The Hasans claim in the suit that the village's tree ordinance — spelling out how builders must replace the trees that they remove during construction — is unconstitutional. They also say their civil rights are being violated, and that the matter is "of an emergency nature" because they have leased their residence in Hoffman Estates after being told by the village's building officer that they would be granted a temporary occupancy permit. The temporary permit for occupancy was later denied."

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This complicated dispute about the number and species of trees that the Hasans are supposed to plant, to replace the ones they cut down during construction, all started when the president of the HOA contacted the village of Barrington Hills.  She says she "speaks for the trees."  Remember the Lorax, from Dr. Seuss? That's what he said. One of my favorite stories, by the way--not to take sides in this Barrington Hills tree saga.


Saturday, May 30, 2015

Foreclosure scam ordered to repay $11M to distressed homeowners | TheHill

Foreclosure scam ordered to repay $11M to distressed homeowners | TheHill



"The lawyers behind a foreclosure scam were ordered Friday in federal court to repay more than $11 million that it took for vulnerable homeowners. The Consumer Financial Protection Bureau and the state of Florida accused the scammers, led by the Hoffman Law Group, of tricking distressed homeowners into joining frivolous lawsuits that would supposedly provide foreclosure relief."

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After the housing market crashed in 2007-08, a whole lot of "foreclosure rescue" businesses were set up. Many of them were nothing more than fraud rings and they operated for years--with many still in business.  It's a great example of how little our policy makers care about homeowners and how much they care about banks.

New law aims to lift artificial turf ban on HOA property | FOX5 San Diego – San Diego news, weather, traffic, sports from KSWB

New law aims to lift artificial turf ban on HOA property | FOX5 San Diego – San Diego news, weather, traffic, sports from KSWB



"CHULA VISTA, Calif.  — On the heels of new water regulations that start Monday across San Diego, one answer to California’s massive drought may come in the form of something fake. There’s a turf war brewing over a bill making its way to the State Senate. The bill would make it illegal for homeowners associations (HOAs) to prohibit fake turf."

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This has passed the Assembly. If it passes the Senate, I hope the Governor signs it this time.

HOA tows heart attack victim's car from neighborhood - News3LV

HOA tows heart attack victim's car from neighborhood - News3LV



"Virginia says she also heard her car was towed because it was in the same spot for more than 72 hours. "Just because my mom doesn't drive her vehicle very often, doesn't give them the right to tow it," says Jason Lenderman, Virginia's son."

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Of course this story doesn't have all the facts, but this sounds like one of those all-too-common situations where the owner is outraged and the media coverage implies that the association is being unreasonable, but when all is said and done the association has the law on its side and they can do this is if they want to.  So it's just a question of whether they want to put up with the bad press.  

The Supreme Court Could Transfer A Lot Of Political Power Away From Cities | FiveThirtyEight

The Supreme Court Could Transfer A Lot Of Political Power Away From Cities | FiveThirtyEight



The conservative majority on the Supreme Court seems to have decided that they need to get their thumb on the scale of partisan politics. They have destroyed campaign finance regulation, they gutted the Voting Rights Act, and now they have two redistricting cases that could give the Republicans a huge advantage--which they just happen to need, because their voters are dying off. Coincidence? Sure.

Thursday, May 21, 2015

Las Vegas HOA takeover fraud ring sentencings

There are many sentencings going on this week in the multi-million dollar Las Vegas HOA takeover fraud prosecution.  I believe the number of people convicted stands at 38, and they include attorneys and former police officers.  I will post a summary of these sentences when the dust settles.

Man charged in $4.1 million condo fraud

Man charged in $4.1 million condo fraud



Oh, Canada:



"A St. Catharines man has been charged with defrauding 13 Hamilton and Burlington condominium corporations of $4.1 million. Police say Brett Mackenzie Leahey, 45, acted as the owner/operator of Integrated Condominium Management, a property management firm responsible for servicing and managing the finances of 10 condominium corporations in Burlington and three in Hamilton."

Using Drones To Enforce HOA Violations

Using Drones To Enforce HOA Violations

See the article below, in which I guess nobody knows whose drone is involved. But be aware that the CID industry, which is basically a whole lot of businesses who want to sell their services and products to HOAs and condo associations, is thinking about droning it up.  Ward Lucas thinks so. See this article from HOA Institute, which I think is by attorney Clint Goodman:



"Since the spike in private ownership of remote-controlled drones, more of us are asking whether homeowners associations can (or should) be using drones to enforce HOA violations.  There are mixed feelings about HOA drones.  Some are worried about privacy.  Others think their use will lead to abuse and “unreasonable enforcement” because it has too much of a “big brother” feel.  Others believe that technology is supposed to make life easier and having drones for their HOA’s code enforcement will significantly reduce the time and expense traditional enforcement brings.  Whatever your opinion is, when (not if) drone enforcement becomes a reality, associations need to be careful that the association uses them with prudence. Right now HOAs cannot use drones “commercially” without FAA approval.  Whether enforcement drones in HOAs are considered “commercial use” depends on who is using them and how.  For example, use of a drone is likely not “commercial” if it is privately owned by the President and used by the President or another director without pay.  Conversely, hiring a company to use drones for code enforcement may cross the line, at least right now.  If Amazon can get permission to do it, I have a feeling we will see the use of drones in the commercial context across the board very soon."


Homeowner’s association puts end to family’s ministry - The Newnan Times-Herald

Homeowner’s association puts end to family’s ministry - The Newnan Times-Herald



This nice Christian family started a volunteer project to collect and distribute household items to needy families, and eventually they incorporated it as a not-for-profit. That's when the HOA struck:



“We started, literally, out of our garage, collecting items. We got a P.O. box, we rented a storage unit which filled up rather quickly,” he said. They have storage space at their church, Vineyard, for linens, a food pantry at Turin United Methodist, and mattresses and beds in the storage unit.



Everything else went into their garage. But not anymore. The Novaks were recently cited by their homeowner’s association for conducting a business out of their home.



The citation, issued April 9, said, “Please do not conduct a business out of your home.”

Exclusive: Brickell Key Woman Says Drone Spied On Her As She Breastfed « CBS Miami

Exclusive: Brickell Key Woman Says Drone Spied On Her As She Breastfed « CBS Miami



"MIAMI (CBSMiami) — Imagine you’re in the privacy of your own home — possibly in a compromising position — and you turn around and  see a drone just a few feet from you. A Brickell Key woman says that’s what happened to her while she was breastfeeding her child earlier this week inside the family’s 12th floor condo."

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I guess with this technology available now we are going to need new laws to protect us, and that's what is happening in Florida:


"Alessi’s privacy concerns are real, says Michelle Richardson with the American Civil Liberties Union. Richardson pointed to a new Florida law that will go into effect this summer — called the “Freedom from Unwarranted Surveillance Act” as a good first step towards regulating drones. Richardson said the law will impose civil penalties on drone users that capture images of unknowing people on private property where a person has a reasonable expectation of privacy. “When you’re talking about looking into people’s homes and violating individual privacy, it’s an unchartered area,” Richardson said. “And we’re really doing this for the first time in Florida.”

Tuesday, May 19, 2015

Las Vegas HOA takeover fraudster sentenced

This week a bunch of the 38 convicted criminals involved with the Las Vegas HOA takeover scheme are being sentenced.  This one escaped prison.  I'm going to do a summary of  all this soon.

The message of this is obvious--HOAs and condo associations are fragile institutions that are totally dependent  on the resources of their owners.  By resources I mean money, time,  loyalty, and expertise.  With virtually no governmental oversight and most residents not paying attention, it is  easy for associations  to be taken over by groups of people who don't have the  community's best interest in mind. Some are just petty neighborhood dictators, some are looking to engage in self-dealing to help  themselves and their friends, and some are fraudsters.

http://www.reviewjournal.com/news/las-vegas/bribe-figure-avoids-prison-hoa-takeover-scheme#st_refDomain=t.co&st_refQuery=/MUnfZTwjSV

HOA insurer not obligated to defend suit against HOA board absent underlying liabiltiy claim, court rules

In the past, insurers were readily inclined to defend most any legal action brought against an HOA board of directors even if there was no underlying claim of liability or damages such a lawsuit seeking equitable relief ordering the board to comply with the governing documents or state or federal law.

That may be changing if a recent Kentucky case is any indication. A Kentucky federal district court ruled an insurer had no duty to defend a claim under an HOA policy's directors and officers coverage, reasoning that D&O coverage is intended to shield corporate directors and officers for personal liability and not to protect the corporate entity itself.

Click here for a summary of the ruling in State Auto Prop. & Cas. Ins. Co. v. Highland Terrace Counsel of Co-Owners, Inc., 2015 U.S. Dist. LEXIS 59663 (W.D. Ky. May 7, 2015) by Traub Lieberman Straus & Shrewsberry LLP.