Saturday, September 22, 2012

In Vegas, Romney outlines plan to ‘reignite the housing economy’

In Vegas, Romney outlines plan to ‘reignite the housing economy’: LAS VEGAS — Mitt Romney said Friday that he would roll back bank regulations as part of his plan to “reignite the housing economy” in this state, which has been hit particularly hard by the housing meltdown.

Romney, who has faced calls to lay out more specific policy details, said during a rally at the University of Nevada, Las Vegas that the key is to get credit flowing again and start selling houses.

“Now, there are also some things we have to do to make housing work right here in Nevada. We have to reignite the housing economy here so that home values start going up again.
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Creating another asset bubble in housing isn't going to revive the economy and create true, sustainable economic health.  Only increased confidence that's widely diversified throughout the economy can do that.

Class action lawsuit filed by AZ homeowners against management companies


The Law Offices of
J. Roger Wood, PLLC 1628 East Southern Avenue, Suite 9-310 - Tempe, Arizona 85282
- Putting the “H” Back in HOA: Advice and Litigation for Arizona Homeowners -
For Immediate Release
Class Action Lawsuit Filed by Arizona Homeowners Against
Arizona HOA Management Companies Alleging Millions of Dollars of Damages for
Violations of Federal Debt Collection Laws and Arizona Law
(Phoenix, Arizona - September 20, 2012) - Two Arizona homeowners, have filed a class action lawsuit
against twenty-seven Arizona community association management companies (“CAMs”).
There are thousands of Homeowners Associations and Condominium Associations in Arizona. A
majority of those HOAs contract with management companies to assist the HOA and its Board with the
day to day operations of the Association. In addition to the every day tasks, some Arizona CAMs also
have made agreements to assist HOAs in collecting past due homeowner assessments.
The complaint alleges that these CAMs, acting as third-party debt collectors, have engaged in unlawful
activities in their attempts to collect past due assessments from Arizona homeowners. The plaintiffs
allege that the CAMs have and continue to pursue Arizona homeowners by charging collection costs
and related fees that are not authorized by law. Public court and county property records show that
CAMs have wrongfully filed and recorded thousands of liens, lawsuits and judgments in violation of the
federal Arizona Court Rules, the federal Fair Debt Collections Practices Act, the Arizona Constitution
and Arizona’s wrongful lien laws.
The plaintiffs allege that the CAMs’ collection activities violate Arizona’s rules regarding the
unauthorized practice of law. The public record shows that CAMs sign and record liens, file lawsuits,
negotiate the legal rights of third parties, appear in Court and collect fees for these services. Arizona law
does not allow non-lawyers to act on behalf of a third parties in legal matters. Such activities require a
law license and these violations trigger liability under federal debt collection laws. The CAMs’ unlawful
fees for these activities have cost Arizona homeowners millions of dollars.
The lawsuit seeks to end these unlawful practices and also seeks an award of damages for the named
homeowners and the thousands of other Arizona homeowners who have been victimized by these CAMs
and their unlawful collections activities.
The Law Offices of J. Roger Wood represents Arizona homeowners who have disputes with their
Homeowners Associations or Condominium. Watters and Watters are trial lawyers representing
Arizonans in civil litigation, including employment issues or toxic tort exposures. The firms are working
together on this case, seeking to right these serious wrongs. They can be contacted at
info@jrogerwoodlaw.com or legalhelp@watterslaw.com or at the telephone numbers listed above.
Watters & Watters, PLLC P.O. Box 65147 - Tucson, Arizona 85728

Friday, September 21, 2012

Getting receiver for homeowners association typically is bad idea - latimes.com

Getting receiver for homeowners association typically is bad idea - latimes.com: The association must pay the receiver for those services and fees that are court approved. Such fees are in addition to the association's assessed operating costs and can easily exceed thousands of dollars each month, depending on the size of the common interest development and the complexity of the problems to be solved.
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Five years of a lousy economy have pinched local governments to the point some have filed or are the verge of bankruptcy.  But receivership really isn't a good option for HOAs as Donie Vanitzian and the late Stephen Glassman explain in their L.A. Times column.  It essentially amounts to management fees on steroids with the receiver legally calling the shots to a far greater extent than even the most over-reaching HOA manager.

Why Sneering at Public Servants Comes So Naturally to Many of America's Richest Citizens | Alternet

Why Sneering at Public Servants Comes So Naturally to Many of America's Richest Citizens | Alternet: Wealthy people, after all, don’t typically use much in the way of public services. They don’t partake of public parks or public education. They belong to private country clubs and send their kids to private schools, and they royally resent having to pay taxes to support public services they don’t use.
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Indeed. Which is why I have been saying since about 1985 that municipalities should not be encouraging the spread of private communities. In the long run it erodes elite support for public services.

Condo board policies can help or hurt property values - chicagotribune.com

Condo board policies can help or hurt property values - chicagotribune.com:
"It takes more than a neat, attractive condominium or town house to make a sale at a fair price. Buyers have heard the horror stories of steep special assessments and deteriorating buildings. They expect the association to make a good impression as well as the unit. If it doesn't, they don't buy."
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Pamela McKuen of the Chicago Tribune offers some much-needed advice.

HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government

HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:

"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."

And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."

HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government

HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:

"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."

And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."

Thursday, September 20, 2012

Texas Homeowner 'Lynches' Empty Chair Meant to Represent President Obama

Texas Homeowner 'Lynches' Empty Chair Meant to Represent President Obama: A Texas-based political blog brings news of a North Austin man who shocked some in his neighborhood by putting up a display in his front yard apparently meant to symbolize a lynched President Obama hanging from a tree.

The political statement consists of an empty chair tied to a tree branch and left to hang in the air.
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I expect the homeowner will soon be hearing from the HOA.

Wednesday, September 19, 2012

Backyard beehive center of dispute in Spring Hill neighborhood - WKRN, Nashville News, Nashville Weather and Sports

Backyard beehive center of dispute in Spring Hill neighborhood - WKRN, Nashville News, Nashville Weather and Sports: SPRING HILL, Tenn. -

A back yard beehive in a Spring Hill neighborhood is the center of a dispute.

The beehive belongs to Bryce Martin who placed the bees on his back deck in 2009.

"This beehive has been here about three-and-a-half-years approximately," Martin told Nashville's News 2.

Martin, who lives in the Ridgeport subdivision, said he was notified by the homeowners association that he is not allowed to keep bees in his yard.

"I can understand and I agree with the covenant to a certain extent, but the question is, does that apply to my beehive," Martin said.

He contends that HB 1671 pasted last year supersedes the HOA rules and allows him to keep bees on his property.

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To bee or not to bee...that is the question in this Privatopian principality.

Tuesday, September 18, 2012

Judge tosses case against 'Smartie' the chicken - Beaufort News - IslandPacket.com

Judge tosses case against 'Smartie' the chicken - Beaufort News - IslandPacket.com: Stewart said she was pleased the case was thrown out, but warned that the hen wasn't out of the woods yet. In the past two weeks, they have received two letters from the Mill Creek neighborhood association saying the bird must go.

"It has come to our attention that you are keeping a chicken on your property," said the Sept. 5 letter, sent by the Mill Creek at Cypress Ridge Homeowners Association. "We ask that you please find a new home (for) the chicken."

Stewart plans to appeal that order, as well, on grounds that their chicken is a pet, not "livestock or poultry."

"Our (homeowners association) will have to decide if she is a 'common household pet,'" said Stewart, citing language in the association's covenants.
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Double teamed by the muni and now the HOA.

Homeowners association members face violence

News from AP | The Dallas Morning News, dallasnews.com
LOUISVILLE, Ky. (AP) — Disagreements that boil over into shouting matches, finger-pointing and even fistfights are often part of neighborhood homeowners association meetings, but the kind of violence that erupted in Louisville leaving two dead is uncommon.
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I have some comments in this AP piece on the general issue of HOA violence.

Sunday, September 16, 2012

US Housing Outlook Improves: 1.3 Million Households Gain Positive Equity - Yahoo! News

US Housing Outlook Improves: 1.3 Million Households Gain Positive Equity - Yahoo! News: CoreLogic's data shows a wide variance by state in home equity rates. It listed Nevada with the highest percentage of mortgaged properties in negative equity at 59 percent, followed by Florida (43 percent), Arizona (40 percent), Georgia (36 percent) and Michigan (33 percent). These top five states combined account for 34.1 percent of the total amount of negative equity in the U.S. Minnesota is above average with a 17.1% negative equity share. As more homeowners actually find that their home's equity has increased, it adds favorable opinion that the U.S. housing outlook is indeed improving.
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Some positive news.  But as the numbers show, much of Privatopia remains underwater.

In Prosecutors, Debt Collectors Find a Partner - NYTimes.com

In Prosecutors, Debt Collectors Find a Partner - NYTimes.com:
So you get a "Pay up or go to jail letter,"and...
"They bear the seal and signature of the local district attorney’s office. But there is a catch: the letters are from debt-collection companies, which the prosecutors allow to use their letterhead. In return, the companies try to collect not only the unpaid check, but also high fees from debtors for a class on budgeting and financial responsibility, some of which goes back to the district attorneys’ offices."
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