Saturday, April 27, 2013

Rockdale Citizen | Rob Jenkins: Hey, teacher, my HOA is bullying me again

Rockdale Citizen | Rob Jenkins: Hey, teacher, my HOA is bullying me again: My point is that some of our worst bullies these days are not young children or even teenagers but rather adults who should know better. And this is true not only in our schools but in every walk of life. Give certain people a little bit of power, and they're apt to exercise it unjustly.

Ironically, that tends to be especially true in situations where the stakes aren't particularly high -- like a neighborhood homeowners' association. In my experience, few organizations offer more or better opportunities for people to bully others, if they're so inclined.
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Some readers of this blog would agree with the premise but not with the qualifier that the stakes aren't particularly high.

Florida House unanimously approves HOA legislation 37-0

House unanimously approves HOA legislation 37-0 | News - Home:
"The Florida House unanimously approved new home owners association reform legislation by a vote of 37-0 Friday sending what advocates are calling “much needed consumer protection” to Governor Rick Scott’s desk for his signature...The bill holds HOA directors and board members accountable and calls for direct reporting to the Dept. Of Business and Professional Regulation (DBPR) in Tallahassee."

Dan Ariely's Battle Plan for a Condo's Dog Wars | Ask Ariely - WSJ.com

Dan Ariely's Battle Plan for a Condo's Dog Wars | Ask Ariely - WSJ.com:
Here's an imaginative solution to the problem of people not cleaning up after their dogs: "What if the condo management put money in a community fund to pay for a droppings-cleaner, as needed, and used whatever was left at the end of the month for a get-together for all dog owners and their dogs? If lots of money remained each month, the party would include food, drinks and doggy treats; if there was no money, it would just be water. This way, failing to clean up after the dogs would damage the community—the personal and social cost of these actions would increase—and people would be more careful."

Housing board files suit against couple who rented Central Park condo to tourists - NY Daily News

Housing board files suit against couple who rented Central Park condo to tourists - NY Daily News:
"Jodi and Gavin Samuels allegedly rented out their condo on Central Park West to tourists for $250 a night. The building's housing board says the Samuels violated bylaws and want them to pay $500 for each offense."

Friday, April 26, 2013

Illinois General Assembly - Bill Status for HB1293

Illinois General Assembly - Bill Status for HB1293
Here's a link to the Condominium Ombudsman Act page.

Illinois considers ombudsman for condo disputes - chicagotribune.com

State considers ombudsman for condo disputes - chicagotribune.com


Illinois homeowners at odds with their community association have little recourse. They can try to resolve the matter with the board, or they can pay an attorney to do it for them.
Another option recently was introduced to the General Assembly: HB1293, which would create the Office of the Condominium Ombudsman.
"In my role as a legislator, I receive lots and lots of calls, mostly from unit owners and some from board members, looking for relief or oversight of condo association activities," said Rep. Elaine Nekritz, D-Northbrook, who is co-sponsoring the bill with Rep. Sara Feigenholtz, D-Chicago. "People are surprised to learn there is nothing they can do other than hiring a lawyer and going to court. That isn't a very realistic solution for most people."

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This would be a huge step forward. I don't know what the chances of passage are, but the condo owners in this state desperately need a place to take their problems.  Of course, CAI and the lawyers are against it, because it would reduce litigation and thus cut into their income, and it would also interfere with the command and control model they love so much. The lawyer and manager tell the board what to do, the board tells the owners what to do, and government is out of the picture. 

Thursday, April 25, 2013

Do HOA security guards overstep their bounds? | www.wsbtv.com

Do HOA security guards overstep their bounds? | www.wsbtv.com: FORSYTH COUNTY, Ga. — A Channel 2 Action News investigation found private security guards pulling over drivers in several local neighborhoods.

They use lights, sirens, and even write traffic tickets, but they aren't real police officers. Channel 2 producers went undercover to catch the activity on video.
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More on the growing Privatopian constabulary.  Film at 10 on Channel 2 Action News.

HOAs Fight Solar, Homeowners Fight Back | Emily Hois

HOAs Fight Solar, Homeowners Fight Back | Emily Hois: But there’s good news for solar power enthusiasts who belong to HOAs: these lawsuits have prompted some states—about two dozen—to limit HOAs' authority to ban solar panels. In Texas, no HOA can prohibit homeowners from installing solar energy systems on their rooftops, fenced-in yards or patios. Colorado HOAs can enforce “architectural guidelines” that can restrict the placement or appearance of solar panels. However, these aesthetic provisions may not result in a significant cost increase for the resident, nor can they hinder the solar system’s efficiency. California’s Solar Rights Act of 1978 prohibits HOAs from interfering with the installation of residential solar panels, although the law does allow for “reasonable restrictions” on solar energy systems. As a result, some HOAs have opposed even modest installations.
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In Privatopia, you can stick 'em where the sun shines as long as the HOA doesn't have any issues.

Wednesday, April 24, 2013

What HOA issues are appropriate for federal intervention? | HOA Constitutional Government

What HOA issues are appropriate for federal intervention? | HOA Constitutional Government
George Staropoli poses this excellent question, and the answer he got from Nevada congressman Joe Heck (R-Henderson and much of Clark County) shows little understanding of the situation:

"I can certainly understand and appreciate your frustrations. Since HOAs are governed by local or state law rather than federal, it would be best to contact your state assemblyman or state senator and local county officials with your comments."

The fact is that the federal government has been heavily involved in promoting common interest housing since the 1960s, as I explained in detail in my first book on this subject way back in 1994.  Hasn't he ever heard of the FHA or Fannie Mae?  It is just another example of how determined public officials at every level of government are to wash their hands of any responsibility for HOAs and condo associations.  The problems are so enormous, and so many people are profiting from those problems, that it becomes almost impossible to get anybody to do anything until there is a complete disaster. The Las Vegas HOA corruption ring is one example of that.


Monday, April 22, 2013

Wall Street betting billions on single-family homes in distressed markets - The Washington Post

Wall Street betting billions on single-family homes in distressed markets - The Washington Post: MIAMI — Big investors are pouring unprecedented amounts of money into real estate hard hit by the housing crash, bringing those moribund markets back to life but raising the prospect of another Wall Street-fueled bubble that won’t be sustainable.

Drawn by the prospect of double-figure profit margins on rents and the resale of homes whose prices plummeted in the crash, hedge funds, Wall Street investors and other institutions are crowding out individual home buyers.
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Wall Street moves into Privatopia.

Sunday, April 21, 2013

Housing defect law debated: Are construction rules a godsend or drag on state's economic recovery? | Reno Gazette-Journal | rgj.com

Housing defect law debated: Are construction rules a godsend or drag on state's economic recovery? | Reno Gazette-Journal | rgj.com: The builders’ automatic legal fees issue stems from a 1995 statute that had the backing of the construction industry, said Reno lawyer Robert Maddox, who has represented homeowners in construction-defect cases for more than 40 years. “In 1995, they (builders) agreed to it because they wanted to get rid of the possibility of punitive damages and emotional distress damages,” Maddox said.
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The ongoing economic tension between housing affordability and construction quality.  This is a long running public policy debate where that tension plays out.

After a long fall, Antelope Valley is back on upswing - latimes.com

After a long fall, Antelope Valley is back on upswing - latimes.com

This L.A. Times article discusses the revival of blighted exurban Privatopia 65 miles from Los Angeles that like many such locations was decimated by foreclosures and unfinished homes and infrastructure when the real estate bubble burst.

But these communities on the distant edges of metro areas continue to have downside risk that makes them inherently economically unsustainable: so-called super commutes.  "You used to be able to afford to commute," Lancaster Mayor R. Rex Parris told The Times. "Now you can't. What good is it to have a cheaper house if you can't afford to get there?"