Saturday, December 15, 2012

CDC: Secondhand smoke from neighbors dangerous

CDC: Secondhand smoke from neighbors dangerous:
"According to a new report released by the Centers for Disease Control and Prevention (CDC), even if you're not a smoker, living in a multi-unit residence could put you at risk for cigarette smoke exposure."
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This is becoming an increasing source of conflict among people living in condominiums buildings. If there are enough complaints, condo boards and even city councils may ban smoking in multi-family residences. One example: San Rafael, California, where smoking in apartments and condos is banned.

http://articles.nydailynews.com/2012-10-16/news/34505361_1_secondhand-smoke-san-rafael-ban

Friday, December 14, 2012

U.S. states inch closer to pre-recession prosperity - Yahoo! News

U.S. states inch closer to pre-recession prosperity - Yahoo! News:
WASHINGTON (Reuters) - U.S. states are coming close to the end of a three-year trek back to the financial prosperity they enjoyed before the recession, according to a survey released on Friday that found the recovery is slow and uneven.
The National Association of State Budget Officers and National Governors Association found that total state spending will likely rise 2.2 percent this fiscal year from last, while general fund revenues grow 3.9 percent to $692.8 billion.
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More good news.

Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators - The State of NoVa - The Washington Post

Reston’s Shadowood condominiums make new Va. case law, can’t impose fees on rule violators - The State of NoVa - The Washington Post:
"In Reston, there is a condominium complex called Shadowood that has written itself into Virginia history. For years, the Shadowood Condominium Association imposed fees for things like calling the management office or having the wrong color blinds. It towed tenants’ cars for unpaid fees — on the day before Thanksgiving. It turned off the heat or air conditioning to apartments of owners who were in arrears or in violation of its many rules.

"Last year, a Fairfax County judge permanently enjoined Shadowood from doing any of that stuff. The association appealed to the state Supreme Court, using its own members/victims’ money to pay its lawyers. This summer they lost there too, enshrining Shadowood in Virginia law under the concept that you can’t make up rules and impose fees if they are not in the development’s original master deed. That ruling has earth-shaking consequences for thousands of condo associations across the state, real estate lawyers say."
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This is a long and detailed blog post that tells the horrifying story of a Reston condo association with some major governance problems.  It is a good read for the people who keep saying that association governance is no worse than municipal governance. You have to consider the lack of oversight and institutional support for private governments. Thanks to Shu Bartholomew for the link.

NAHB: Apartment and Condominium Market Remains Steady in Third Quarter

NAHB: Apartment and Condominium Market Remains Steady in Third Quarter:
December 6, 2012 - The Multifamily Production Index (MPI), released by the National Association of Home Builders (NAHB) today, remained steady with an index level of 52. It is the third straight quarter with a reading over 50.

The MPI, which measures builder and developer sentiment about current conditions in the apartment and condominium market on a scale of 0 to 100, was essentially unchanged in the third quarter, only dropping two points from 54 in the second quarter.
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There are positive signs in some places. Here in the Chicago area things are still stalled. Some blame that on the slow pace of foreclosure cases, but I think a number of factors are involved.

Thursday, December 13, 2012

CHICAGO: Levenfeld Pearlstein Mourns Loss of Mark D. Pearlstein | Business Wire | Rock Hill Herald Online

CHICAGO: Levenfeld Pearlstein Mourns Loss of Mark D. Pearlstein | Business Wire | Rock Hill Herald Online:
CHICAGO — The Levenfeld Pearlstein family, together with the greater Illinois legal community, are mourning the loss of Mark D. Pearlstein, 64, who died on December 11 following an extended illness.

Mr. Pearlstein was co-founder of Levenfeld Pearlstein, and was well-known for his contributions to the legal community, especially in the area of community association law. He focused his practice on representing community associations and developers.

His proudest moment as an attorney was the adoption of the law he primarily drafted--known as the Community Association Manager Licensing Act--a statute in Illinois meant to regulate and license property managers. The law, which took him about six years to finalize, was a great accomplishment; it established a code of professionalism among property owners and managers.
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Mark was not only one of the best community association lawyers in the country. He was also a terrific human being who genuinely cared about the rights of owners. In one case that I know of, he served as an expert witness on behalf of an owner in a case over the right to inspect association records. A whole lot of people will miss him--including me.

Christmas sign runs afoul of rules in Pasco neighborhood | Local News | Tri-CityHerald.com

Christmas sign runs afoul of rules in Pasco neighborhood | Local News | Tri-CityHerald.com:
"To me, if the message is OK, they should be saying, "Rejoice! Jesus is the reason for the season. Amen," Meeker told the Herald. But the development's homeowners association disagreed and told Meeker, who moved in last year, that his sign is larger than the 2-foot by 2-foot dimensions allowed in the standards agreed to by all of the 215 homeowners in the development.

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Monday, December 10, 2012

Patterson Irrigator - Homeowners group controller charged with embezzling nearly 1 M

Patterson Irrigator - Homeowners group controller charged with embezzling nearly 1 M: As controller for M & C, which provided association management and developer services to community associations in Northern California, Barna was responsible for the company’s account and collections departments, prosecutors said.

U.S. Magistrate Judge Kendall J. Newman released Barna on a $200,000 bond during his initial appearance Nov. 28 and ordered him to appear for a status conference Jan. 14 before Senior U.S. District Judge William B. Shubb.

M & C officials said they immediately terminated Barna’s employment when they learned in June 2011 that he had taken a large sum of money from the company, including funds from the Diablo Grande homeowners association and a handful of other homeowners groups.

Carol Piering, spokeswoman for Associa, said this week that M & C has conducted both internal and external audits since Barna was dismissed

'Jesus is the reason for the season' sign sparks controversy | Local & Regional | KIMA CBS 29 - News, Weather and Sports - Yakima, WA

'Jesus is the reason for the season' sign sparks controversy | Local & Regional | KIMA CBS 29 - News, Weather and Sports - Yakima, WA: Covenants for Mediterranean Villas, off Broadmoor, say signs can't be more than two-feet by two-feet. This one is six-feet by three-and-a-half feet.

Homeowner Tim Meeker believes it's not about the size, it's about the message. He told KEPR he will not take it down, even with the threat of fines.
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More perennial Christmas season controversy in Privatopia. Film at 10.

Sunday, December 09, 2012

Family gets to keep lights display after HOA struggle | The Coloradoan | coloradoan.com

Family gets to keep lights display after HOA struggle | The Coloradoan | coloradoan.com: Upon approaching the Buffalo Creek subdivision in Wellington, you can almost feel the glow of Christmas spirit — a glow that was nearly snuffed out last year when a homeowners association tried to put a stop to one household’s Christmas decorations.

The display at 3208 Iron Horse Way is “admittedly grandiose,” with nearly 100 handmade Christmas decorations, including a Christmas town, a full Santa and reindeer set, three additional reindeer, 12 handmade trees and a train set — and a wide array of LED lights (a new upgrade this year in an attempt to be more energy responsible) donning its gables.

Fannie, Freddie place evictions on hold for the holidays - chicagotribune.com

Fannie, Freddie place evictions on hold for the holidays - chicagotribune.com:
WASHINGTON (Reuters) - Fannie Mae and Freddie Mac said on Monday they would provide a break for borrowers facing foreclosure to ensure those having problems making monthly mortgage payments will remain in their homes during the holidays.

Fannie Mae said its eviction moratorium would apply to single-family homes and two- to four-unit properties from December 19 through January 2, 2013. Freddie Mac said it would offer the suspension from December 17 through January 2, 2013.
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An even bigger Christmas present would be to write down the principal on the loans that are more than x% underwater