Orlando Weekly News: DON'T YOU BE OUR NEIGHBOR
For a unique variation on the familiar "happy face" graphic, follow the link--as found by Fred Pilot.
Thursday, April 21, 2005
Wednesday, April 20, 2005
local6.com - News - Juror Fined For Yawning In Court
So...you think your HOA board is unreasonable? Submitted for your consideration: Los Angeles County Superior Court Judge Craig Veals and The Case of the Yawning Juror...
LOS ANGELES -- A juror was cited for contempt and fined $1,000 by a judge for yawning loudly while awaiting questioning in an attempted murder trial. The fine later was reduced to $100.The yawn came after the man, identified as Juror No. 2386 in an April 1 court transcript, had been sitting in a courtroom for two days as part of jury selection. "You yawned rather audibly there. As a matter of fact, it was to the point that it was contemptuous," Superior Court Judge Craig Veals said. "I'm sorry, but I'm really bored," the juror said. "I'm sorry?" the judge responded. When the juror repeated his statement, he was admonished by the judge for having a "lousy" attitude. "Your boredom just cost you $1,000 I'm finding you in contempt," Veals said. "Are you quite so bored now?"
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After a good number of years of being a trial attorney, I have an unalterable opinion that the judicial system too often treats ordinary people--parties, jurors, and witnesses--like dirt. One example of this is the endless waiting around while attorneys play games. The juror had been sitting there for two days during jury selection, with nothing to do except listen to lawyers ask the same questions of prospective jurors over and over. He yawned. The judge got mad. The juror apologized and told the obvious truth: he was bored. For this, a citizen doing his civic duty gets fined by the judge. Maybe there is more to the story than appears here, such as the volume of the yawn. Maybe it was a highly public yawn, uttered at high volume with intent to disrupt. Maybe the apology was obviously insincere and the emphasais was on the "I'm bored!" part, which could have been disrespectful. On the other hand, it is possible that the judge displayed a lapse in his own judicial temperament. And maybe he was letting the voir dire go on too long. I don't know. Based on this account...O'Reilly Factor, where are you? Let's get to the bottom of this incident. Fair and balanced...
So...you think your HOA board is unreasonable? Submitted for your consideration: Los Angeles County Superior Court Judge Craig Veals and The Case of the Yawning Juror...
LOS ANGELES -- A juror was cited for contempt and fined $1,000 by a judge for yawning loudly while awaiting questioning in an attempted murder trial. The fine later was reduced to $100.The yawn came after the man, identified as Juror No. 2386 in an April 1 court transcript, had been sitting in a courtroom for two days as part of jury selection. "You yawned rather audibly there. As a matter of fact, it was to the point that it was contemptuous," Superior Court Judge Craig Veals said. "I'm sorry, but I'm really bored," the juror said. "I'm sorry?" the judge responded. When the juror repeated his statement, he was admonished by the judge for having a "lousy" attitude. "Your boredom just cost you $1,000 I'm finding you in contempt," Veals said. "Are you quite so bored now?"
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After a good number of years of being a trial attorney, I have an unalterable opinion that the judicial system too often treats ordinary people--parties, jurors, and witnesses--like dirt. One example of this is the endless waiting around while attorneys play games. The juror had been sitting there for two days during jury selection, with nothing to do except listen to lawyers ask the same questions of prospective jurors over and over. He yawned. The judge got mad. The juror apologized and told the obvious truth: he was bored. For this, a citizen doing his civic duty gets fined by the judge. Maybe there is more to the story than appears here, such as the volume of the yawn. Maybe it was a highly public yawn, uttered at high volume with intent to disrupt. Maybe the apology was obviously insincere and the emphasais was on the "I'm bored!" part, which could have been disrespectful. On the other hand, it is possible that the judge displayed a lapse in his own judicial temperament. And maybe he was letting the voir dire go on too long. I don't know. Based on this account...O'Reilly Factor, where are you? Let's get to the bottom of this incident. Fair and balanced...
Reports blasts state condo agency on handling of complaints
The state's condominium owners aren't being served by the agency that is supposed to watch out for them, according to a newly released report by the Legislature's watchdog agency. State officials on Tuesday lauded the yearlong investigation, which said the Division of Florida Land Sales, Condominiums & Mobile Homes takes too long to act on complaints filed by condo owners and needs to take stronger action against boards that violate condo law. The state Office of Program Policy Analysis & Government Accountability also said the division should more frequently use mediation instead of more-costly arbitration to resolve disputes between owners and boards. "It explains what we have known all along, that there are major problems in the [division] that need to be addressed immediately," said state Rep. Julio Robaina, R-Miami, who chaired the committee last year that resulted in the investigation.
The state's condominium owners aren't being served by the agency that is supposed to watch out for them, according to a newly released report by the Legislature's watchdog agency. State officials on Tuesday lauded the yearlong investigation, which said the Division of Florida Land Sales, Condominiums & Mobile Homes takes too long to act on complaints filed by condo owners and needs to take stronger action against boards that violate condo law. The state Office of Program Policy Analysis & Government Accountability also said the division should more frequently use mediation instead of more-costly arbitration to resolve disputes between owners and boards. "It explains what we have known all along, that there are major problems in the [division] that need to be addressed immediately," said state Rep. Julio Robaina, R-Miami, who chaired the committee last year that resulted in the investigation.
Monday, April 18, 2005
CAI Fast Tracks - 04/18/2005--Bankruptcy Legislation Will Help Associations Collect Assessments
Here's an announcement from the Community Associations Institute. If you scroll down you get to this:
Legislation Will Help Associations Collect Assessments
After eight years of battles on Capitol Hill, the U.S. Senate and House of Representatives have passed bankruptcy reform legislation. The new law will go into effect 180 days after President Bush signs the bill into law—which is expected to happen in the next couple of weeks. The legislation contains CAI language permitting community associations to collect post-petition assessments, meaning associations will be able to collect assessments after a homeowner files for bankruptcy. We will provide members with the effective date of the new law and comprehensive information in the near future.
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I confess that I did not know this was in the bankruptcy bill. It seems to be a significant change and one that the activists might find distressing.
Here's an announcement from the Community Associations Institute. If you scroll down you get to this:
Legislation Will Help Associations Collect Assessments
After eight years of battles on Capitol Hill, the U.S. Senate and House of Representatives have passed bankruptcy reform legislation. The new law will go into effect 180 days after President Bush signs the bill into law—which is expected to happen in the next couple of weeks. The legislation contains CAI language permitting community associations to collect post-petition assessments, meaning associations will be able to collect assessments after a homeowner files for bankruptcy. We will provide members with the effective date of the new law and comprehensive information in the near future.
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I confess that I did not know this was in the bankruptcy bill. It seems to be a significant change and one that the activists might find distressing.
'Mad Max' Fan Convoy Ends in Arrests
SAN ANTONIO - Eleven "Mad Max" fans of were arrested after alarming motorists as they made their way to a movie marathon in a theatrical convoy in which they surrounded a tanker truck armed with fake machine guns...One of the organizers of the convoy, Chris Fenner, said the arrests were unfair. He said he didn't know why anyone would have confused the costumed crew recreating a scene from "Mad Max 2: The Road Warrior" - set in a post-apocalyptic wasteland - with a real threat. "I honestly don't know how that could be, because 'Road Warrior' was so over the top," he said.
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You have to hand it to Chris Fenner and friends. They know how to have a good time. But I think even in Texas this is probably illegal.
SAN ANTONIO - Eleven "Mad Max" fans of were arrested after alarming motorists as they made their way to a movie marathon in a theatrical convoy in which they surrounded a tanker truck armed with fake machine guns...One of the organizers of the convoy, Chris Fenner, said the arrests were unfair. He said he didn't know why anyone would have confused the costumed crew recreating a scene from "Mad Max 2: The Road Warrior" - set in a post-apocalyptic wasteland - with a real threat. "I honestly don't know how that could be, because 'Road Warrior' was so over the top," he said.
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You have to hand it to Chris Fenner and friends. They know how to have a good time. But I think even in Texas this is probably illegal.
Capital Improvements
Associations seek taxing authority for new buyers
Local community associations are asking members to modif their covenants so they can tax new homeowners for capital improvements. Both Brandermill and Woodlake have those questions on their ballots to be decided by members later this month. Hampton Park already allows it. As planned communities age, community boards are finding an ever increasing cost to repair and replace playgrounds, athletic fields, community signs, bike paths and other amenities. “It allows new residents to contribute to the existing amenities,” said Gene Grecheck, Woodlake’s VP. “At 20 years old, Woodlake needs more capital improvements. Increasing our assessments would be too much of a burden on the residents.” Woodlake residents now pay $360 annually in assessments. This year new homebuyers would pay that amount at closing for the capitalization fee.
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As Fred Pilot points out, here we have HOAs acting like cities. Cities pass along costs to new homeowners by imposing fees on developers. HOAs are now getting into the act...
Associations seek taxing authority for new buyers
Local community associations are asking members to modif their covenants so they can tax new homeowners for capital improvements. Both Brandermill and Woodlake have those questions on their ballots to be decided by members later this month. Hampton Park already allows it. As planned communities age, community boards are finding an ever increasing cost to repair and replace playgrounds, athletic fields, community signs, bike paths and other amenities. “It allows new residents to contribute to the existing amenities,” said Gene Grecheck, Woodlake’s VP. “At 20 years old, Woodlake needs more capital improvements. Increasing our assessments would be too much of a burden on the residents.” Woodlake residents now pay $360 annually in assessments. This year new homebuyers would pay that amount at closing for the capitalization fee.
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As Fred Pilot points out, here we have HOAs acting like cities. Cities pass along costs to new homeowners by imposing fees on developers. HOAs are now getting into the act...
USNews.com: Condo prices are soaring quickly and construction is frenzied. But is it too much, too fast? (4/25/05)
If you saw CNN's Open House on Saturday, you heard the segment on the real estate bubble issue. Here's an article Fred Pilot forwarded that takes it up specifically regarding condos, which are the first to get hit when there is a real estate downturn:
Condomania is back.While the nation has been focusing on the white-hot single-family-home market, condos have been staging a pretty impressive run-up of their own. The median price of an existing condo in the United States jumped 17 percent in 2004 to $193,600, compared with a gain of 8.3 percent to $184,100 for a single-family dwelling. And that was the fourth year in a row that condos, co-ops, and townhouses have increased in value faster than their single-family counterparts. Some 15 years ago, homeowners feared that condo values wouldn't hold, but today, says Bruce Karatz, CEO of Los Angeles-based KB Home, "People are a lot more confident these days that the value of a condo is solid." Maybe too confident. With prices climbing so high, so fast, and with new construction moving at such a frenzied pace, some experts warn that the sizzling condo market--indeed, the entire real-estate market--could start to fizzle.
If you saw CNN's Open House on Saturday, you heard the segment on the real estate bubble issue. Here's an article Fred Pilot forwarded that takes it up specifically regarding condos, which are the first to get hit when there is a real estate downturn:
Condomania is back.While the nation has been focusing on the white-hot single-family-home market, condos have been staging a pretty impressive run-up of their own. The median price of an existing condo in the United States jumped 17 percent in 2004 to $193,600, compared with a gain of 8.3 percent to $184,100 for a single-family dwelling. And that was the fourth year in a row that condos, co-ops, and townhouses have increased in value faster than their single-family counterparts. Some 15 years ago, homeowners feared that condo values wouldn't hold, but today, says Bruce Karatz, CEO of Los Angeles-based KB Home, "People are a lot more confident these days that the value of a condo is solid." Maybe too confident. With prices climbing so high, so fast, and with new construction moving at such a frenzied pace, some experts warn that the sizzling condo market--indeed, the entire real-estate market--could start to fizzle.
Earth?s gravity may lure deadly asteroid - Britain - Times Online
All this HOA stuff may not matter so much after all...
All this HOA stuff may not matter so much after all...
Sunday, April 17, 2005
TheIowaChannel.com - News - Iowa Community Goes All-Organic
DES MOINES, Iowa -- It's official: Maharishi Vedic City has gone all natural. The town of about 200 in southeast Iowa has become what some experts believe is the first all-organic city in the country. The city council has voted to ban the use of synthetic pesticides and fertilizers within the city limits. City Attorney Maureen Wynne said residents in the city already use all-organic methods so the council's vote only formalized a practice that was already in place. Wynne said the ban covers everything from lawns and shrubs on both residential and commercial properties. The ban follows earlier action to grow and sell only organic foods within the city limits.
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Maharishi Vedic City...just your typical Iowa small town. Nothing strange going on here. The city has its own web page at http://maharishivediccity.net/, where it lists all the Vedic functions of the city, including Vedic architecture, agriculture, economy, and "Vedic Defense: Founded to become a “lighthouse of peace” for America and the world. The City is working to establish a permanent group of peace-creating experts whose daily practice of Maharishi’s Transcendental Meditation™ and Yogic Flying techniques will promote coherent national and world consciousness and thereby prevent any negativity from arising in America or in the family of nations."
I bet the Pentagon wishes they had some of those Yogic Flying Techniques.
DES MOINES, Iowa -- It's official: Maharishi Vedic City has gone all natural. The town of about 200 in southeast Iowa has become what some experts believe is the first all-organic city in the country. The city council has voted to ban the use of synthetic pesticides and fertilizers within the city limits. City Attorney Maureen Wynne said residents in the city already use all-organic methods so the council's vote only formalized a practice that was already in place. Wynne said the ban covers everything from lawns and shrubs on both residential and commercial properties. The ban follows earlier action to grow and sell only organic foods within the city limits.
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Maharishi Vedic City...just your typical Iowa small town. Nothing strange going on here. The city has its own web page at http://maharishivediccity.net/, where it lists all the Vedic functions of the city, including Vedic architecture, agriculture, economy, and "Vedic Defense: Founded to become a “lighthouse of peace” for America and the world. The City is working to establish a permanent group of peace-creating experts whose daily practice of Maharishi’s Transcendental Meditation™ and Yogic Flying techniques will promote coherent national and world consciousness and thereby prevent any negativity from arising in America or in the family of nations."
I bet the Pentagon wishes they had some of those Yogic Flying Techniques.
Yahoo! News - County Tells Condo Residents To Get Out
Subtle headline, don't you think?
Residents of a 543-unit Miami Beach condominium are being kicked out of their homes today. At 10 a.m. the city is cutting off power to the Castle Beach Club. Some residents didn't receive notification that they would have to leave until Thursday afternoon, when they saw bright orange stickers posted on the building, informing them that the structure was unsafe. Other residents got the word Thursday when Miami Beach police knocked on their doors, telling them the county's building department had condemned the Castle Beach Club due to an electrical problem, which created a problem for all units. Some residents are upset with the board of directors, claiming it has been using monthly association fees to renovate a portion of the building that is a hotel.
Subtle headline, don't you think?
Residents of a 543-unit Miami Beach condominium are being kicked out of their homes today. At 10 a.m. the city is cutting off power to the Castle Beach Club. Some residents didn't receive notification that they would have to leave until Thursday afternoon, when they saw bright orange stickers posted on the building, informing them that the structure was unsafe. Other residents got the word Thursday when Miami Beach police knocked on their doors, telling them the county's building department had condemned the Castle Beach Club due to an electrical problem, which created a problem for all units. Some residents are upset with the board of directors, claiming it has been using monthly association fees to renovate a portion of the building that is a hotel.
Downstate neighborhoods: Built by association; Groups unite residents, concerns
Thanks to Fred Pilot for this. I keep pointing out that municipalities are a major force behind the spread of HOAs, and not just in the Sunbelt. Here's another example, this one from Delaware:
Kent County Planning Director Michael J. Petit de Mange said the county's interest in homeowner associations is to have a legal entity maintaining common property, such as open space, playgrounds, stormwater ponds, clubhouses or other items a developer provides. In June 2003, Kent County changed its subdivision code to make sure developers provide for perpetual ownership and maintenance of common space or stormwater ponds. The developer can either maintain ownership or provide for the establishment of a legal entity such as a homeowners association, a community open space trust or a maintenance corporation. Mr. Petit de Mange said development projects through the '90s proposed homeowners associations, but many never formed or possibly failed. "Trying to form one after the fact is extremely difficult," he said.
Thanks to Fred Pilot for this. I keep pointing out that municipalities are a major force behind the spread of HOAs, and not just in the Sunbelt. Here's another example, this one from Delaware:
Kent County Planning Director Michael J. Petit de Mange said the county's interest in homeowner associations is to have a legal entity maintaining common property, such as open space, playgrounds, stormwater ponds, clubhouses or other items a developer provides. In June 2003, Kent County changed its subdivision code to make sure developers provide for perpetual ownership and maintenance of common space or stormwater ponds. The developer can either maintain ownership or provide for the establishment of a legal entity such as a homeowners association, a community open space trust or a maintenance corporation. Mr. Petit de Mange said development projects through the '90s proposed homeowners associations, but many never formed or possibly failed. "Trying to form one after the fact is extremely difficult," he said.
Friday, April 15, 2005
BATTLING gran Jean Collop nabbed a burglar — by laying him out with a garden gnome.
And that's why HOAs should never, ever, ban garden gnomes. Got it?
And that's why HOAs should never, ever, ban garden gnomes. Got it?
CNN, "Open House," Saturday April 16, 9:30 eastern time...
...is the time and place for the pre-empted episode on HOAs, featuring yours truly, that was put off due to the death of the Pope and the marriage of some royal folks.
http://money.cnn.com/ontv/openhouse/
...is the time and place for the pre-empted episode on HOAs, featuring yours truly, that was put off due to the death of the Pope and the marriage of some royal folks.
http://money.cnn.com/ontv/openhouse/
Burden of debt | The San Diego Union-Tribune
Here's the first of two stories that quote me at some length, just in case anybody's interested.
Here's the first of two stories that quote me at some length, just in case anybody's interested.
Housing market may be cooling | The San Diego Union-Tribune
The median price for resale homes in San Diego County hit a record last month at $535,000, but there were hints of a softening in the market as overall appreciation in pricing slowed and sales declined, DataQuick Information Systems reported yesterday. Driven by the continued popularity of lower-priced condominiums, particularly those that have been converted from apartments, the year-over-year rate of appreciation last month slowed to 12.5 percent, the lowest of the six Southern California counties tracked by DataQuick. The last time appreciation was in the range of 12 percent was November 2003.
[more]
The median price for resale homes in San Diego County hit a record last month at $535,000, but there were hints of a softening in the market as overall appreciation in pricing slowed and sales declined, DataQuick Information Systems reported yesterday. Driven by the continued popularity of lower-priced condominiums, particularly those that have been converted from apartments, the year-over-year rate of appreciation last month slowed to 12.5 percent, the lowest of the six Southern California counties tracked by DataQuick. The last time appreciation was in the range of 12 percent was November 2003.
[more]
People leaving Los Angeles county in droves
The exodus of Los Angeles County residents to surrounding counties and nearby states accelerated significantly during the past year, driving the largest population shift in the nation, according to new U.S. Census Bureau figures released Thursday.
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Strange. I mean, you can have horrible schools, horrendous crime, bad air, high taxes, and meddlesome government, and all for only about $600,000 for a three-bedroom house that is a mere 75 miles from your job. What's not to like?
The exodus of Los Angeles County residents to surrounding counties and nearby states accelerated significantly during the past year, driving the largest population shift in the nation, according to new U.S. Census Bureau figures released Thursday.
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Strange. I mean, you can have horrible schools, horrendous crime, bad air, high taxes, and meddlesome government, and all for only about $600,000 for a three-bedroom house that is a mere 75 miles from your job. What's not to like?
Potomac News Online | County program seeks neighborhood support for clean-up efforts
Casciato stressed that the county doesn't want to interfere with healthy communities or get in the middle of neighborhood disputes that do not involve code violations and don't occur in problem areas. "We're not going to step in in the place of existing, functional neighborhood associations," Casciato said. "We can do a little education, but we're not going to step in and substitute our judgment for theirs unless there is some clear violation of the county code going on."
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Nice of the public officials not to interfere with the responsibilities they have delegated for free to HOAs, isn't it?
Casciato stressed that the county doesn't want to interfere with healthy communities or get in the middle of neighborhood disputes that do not involve code violations and don't occur in problem areas. "We're not going to step in in the place of existing, functional neighborhood associations," Casciato said. "We can do a little education, but we're not going to step in and substitute our judgment for theirs unless there is some clear violation of the county code going on."
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Nice of the public officials not to interfere with the responsibilities they have delegated for free to HOAs, isn't it?
Sunday, April 10, 2005
Clayton Cramer's BLOG says...it's "Crack in the World"!!!
Below I linked to a story about some scientists who are drilling a hole through the mantle of the earth's core. I said these folks should check out science fiction because this has been tried (on screen) and it is a bad idea. At least, on film. Clayton Cramer went a step further and came up with the name of the movie (which I thought was quite good).
It Sounds Like The Start of a Bad 1960s Sci-Fi Movie
Crack in the World (1965), as I recall. It was truly awful, even by the standards of the time, so this news story caught my attention:
"Scientists said this week they had drilled into the lower section of Earth's crust for the first time and were poised to break through to the mantle in coming years. The Integrated Ocean Drilling Program (IODP) seeks the elusive "Moho," a boundary formally known as the Mohorovicic discontinuity. It marks the division between Earth's brittle outer crust and the hotter, softer mantle."
I do hope the environmentalists don't hear about this. Since most of them seem to have a Crack in the World level of science training, I expect them to get in a rather serious tizzy in no time at all.
Below I linked to a story about some scientists who are drilling a hole through the mantle of the earth's core. I said these folks should check out science fiction because this has been tried (on screen) and it is a bad idea. At least, on film. Clayton Cramer went a step further and came up with the name of the movie (which I thought was quite good).
It Sounds Like The Start of a Bad 1960s Sci-Fi Movie
Crack in the World (1965), as I recall. It was truly awful, even by the standards of the time, so this news story caught my attention:
"Scientists said this week they had drilled into the lower section of Earth's crust for the first time and were poised to break through to the mantle in coming years. The Integrated Ocean Drilling Program (IODP) seeks the elusive "Moho," a boundary formally known as the Mohorovicic discontinuity. It marks the division between Earth's brittle outer crust and the hotter, softer mantle."
I do hope the environmentalists don't hear about this. Since most of them seem to have a Crack in the World level of science training, I expect them to get in a rather serious tizzy in no time at all.
Saturday, April 09, 2005
Daily Local News - News - 04/08/2005 - Judge: Neighbors should settle feud
This is hilarious. Fred Pilot found it. I give this "HOA story of the month."
This is hilarious. Fred Pilot found it. I give this "HOA story of the month."
Friday, April 08, 2005
Man crashes into DMV building and then renews driver's license
http://www.adn.com/news/alaska/story/6357288p-6234486c.html
Things like this are why I keep telling people that government regulation of residential private governments may not prove to be the panacea they expect.
http://www.adn.com/news/alaska/story/6357288p-6234486c.html
Things like this are why I keep telling people that government regulation of residential private governments may not prove to be the panacea they expect.
CNN Open House episode on HOAs moved to 4/16
My contact at CNN tells me that we have been pre-empted for 4/9 because of the royal wedding. The episode is now set for Saturday, 4/16, at 9:30 eastern time.
My 7 year old son, Conor, responded to news of the second pre-emption as follows: "Sheesh! What's next? King Arthur returns because England needs him?"
My contact at CNN tells me that we have been pre-empted for 4/9 because of the royal wedding. The episode is now set for Saturday, 4/16, at 9:30 eastern time.
My 7 year old son, Conor, responded to news of the second pre-emption as follows: "Sheesh! What's next? King Arthur returns because England needs him?"
Hole Drilled to Bottom of Earth's Crust, Breakthrough to Mantle Looms
Don't these people watch science fiction movies? This is the headline you see on-screen just before they break through to the dinosaurs and oceans of lava.
Don't these people watch science fiction movies? This is the headline you see on-screen just before they break through to the dinosaurs and oceans of lava.
Thursday, April 07, 2005
Times Community Newspapers - Reston - 04/06/2005 - RCA to start selling town status to community
The Reston Citizens Association (RCA) is forging ahead with its project to make a compelling case for Reston becoming an incorporated town.
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Fred Pilot wonders whether this suggests we may see a "deprivatization" movement in which HOA residents would seek to convert their private governments into municipalities or special districts. Could be. Another explanation for such a trend, if one exists (not with Reston particularly, but other HOA-run neighborhoods) is a long-standing suburban tradition: defensive incorporation, meaning a neighborhood incorporating as a municipality in order to prevent being annexed by a nearby municipality, along with acquiring the full range of municipal powers. Tax base-seeking cities have been known to gobble up suburban unincorporated neighborhoods, which can be forestalled by that neighborhood becoming a city of its own. They keep their independence. Again, this seems not to be the reason for incorporating Reston. It isn't mentioned in the article at all among the "arguments for becoming a town" that you can find by scrolling down, and that section makes interesting reading on the limits of private government.
The Reston Citizens Association (RCA) is forging ahead with its project to make a compelling case for Reston becoming an incorporated town.
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Fred Pilot wonders whether this suggests we may see a "deprivatization" movement in which HOA residents would seek to convert their private governments into municipalities or special districts. Could be. Another explanation for such a trend, if one exists (not with Reston particularly, but other HOA-run neighborhoods) is a long-standing suburban tradition: defensive incorporation, meaning a neighborhood incorporating as a municipality in order to prevent being annexed by a nearby municipality, along with acquiring the full range of municipal powers. Tax base-seeking cities have been known to gobble up suburban unincorporated neighborhoods, which can be forestalled by that neighborhood becoming a city of its own. They keep their independence. Again, this seems not to be the reason for incorporating Reston. It isn't mentioned in the article at all among the "arguments for becoming a town" that you can find by scrolling down, and that section makes interesting reading on the limits of private government.
Tuesday, April 05, 2005
Pocatello Idaho State Journal: Lava airport effort grounded: White's vision halted by pending lawsuit, land-use disputes
Fred Pilot passed along this piece. Imagine having enough land to use lots of it for a landing strip.
Fred Pilot passed along this piece. Imagine having enough land to use lots of it for a landing strip.
Bloomberg.com: New Yorkers Dump Co-Ops for Condos, Paying a `Privacy Premium'
Co-ops are no longer king in Manhattan. Condos are growing faster in price and units sold, as apartment hunters like Jacobson reject having their finances examined, their private lives vetted and their properties controlled by New York's increasingly picky co-op boards.
Co-ops are no longer king in Manhattan. Condos are growing faster in price and units sold, as apartment hunters like Jacobson reject having their finances examined, their private lives vetted and their properties controlled by New York's increasingly picky co-op boards.
Friday, April 01, 2005
The Cincinnati Post - Couple sues homebuilder citing urine-soaked walls
Bradley and Margaret Parker's version of the American dream was ruined by subcontractors who urinated in the unfinished house, a Tuesday lawsuit alleges.
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A new kind of construction defect. Here come the lawyers.
Bradley and Margaret Parker's version of the American dream was ruined by subcontractors who urinated in the unfinished house, a Tuesday lawsuit alleges.
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A new kind of construction defect. Here come the lawyers.
Garden Gnome Liberation Front strikes again
Lyon - About 100 garden gnomes were "liberated" from front gardens in the French city of Lyon and placed in a park next to a motorway, police officials reported on Thursday. "They were all standing there with their faces to the motorway, watching the traffic speed past," a police statement said.
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I suspect a renegade HOA president.
Lyon - About 100 garden gnomes were "liberated" from front gardens in the French city of Lyon and placed in a park next to a motorway, police officials reported on Thursday. "They were all standing there with their faces to the motorway, watching the traffic speed past," a police statement said.
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I suspect a renegade HOA president.
Thoughts after taping CNN "Open House"
The show will be broadcast on Saturday, 4/2 at 9:30 eastern time. What does that mean in other time zones? I don't know. This was "taped live," which means the show is taped in its entirety and then broadcast later without editing. I guess they can show it at any time they want, in any time zone.
There are three sections. The first is on whether there is a housing price "bubble," and it is a provocative one that I want to listen to again. (I say listen because I was in a different city--Chicago-- listening through an earpiece. The hose, Gerri Willis, was in New York. I don't know where the two guests were.) The HOA segment is second. It starts with a horror story, then a comment from (if I recognized the voice correctly) Frank Rathbun of CAI, and then they go to me for the rest of the segment. I thought Gerri Willis did a good job of moving it along, but I wish we had more time (the college professor's eternal lament, I know, I know).
I think business shows like this are pitched at a higher intellectual level than any other television except PBS documentaries. The normal TV approach is "Are HOAs GOOD OR BAD, professor???!!!" Here we got a chance to talk about the pros and cons a little.
The show will be broadcast on Saturday, 4/2 at 9:30 eastern time. What does that mean in other time zones? I don't know. This was "taped live," which means the show is taped in its entirety and then broadcast later without editing. I guess they can show it at any time they want, in any time zone.
There are three sections. The first is on whether there is a housing price "bubble," and it is a provocative one that I want to listen to again. (I say listen because I was in a different city--Chicago-- listening through an earpiece. The hose, Gerri Willis, was in New York. I don't know where the two guests were.) The HOA segment is second. It starts with a horror story, then a comment from (if I recognized the voice correctly) Frank Rathbun of CAI, and then they go to me for the rest of the segment. I thought Gerri Willis did a good job of moving it along, but I wish we had more time (the college professor's eternal lament, I know, I know).
I think business shows like this are pitched at a higher intellectual level than any other television except PBS documentaries. The normal TV approach is "Are HOAs GOOD OR BAD, professor???!!!" Here we got a chance to talk about the pros and cons a little.
Thursday, March 31, 2005
Major California HOA reform bill, SB 551, includes ombudsperson
Here's the .pdf version. It will be big news if California goes the way Nevada and Florida already have. And if foreclosure reform passes as well, this will be the second huge year in a row for HOA reform legislation.
Here's the .pdf version. It will be big news if California goes the way Nevada and Florida already have. And if foreclosure reform passes as well, this will be the second huge year in a row for HOA reform legislation.
CNN "Open House" show on HOAs to air on Saturday at 9:30 am Eastern
I'm about to head over to a studio to be interviewed by CNN for this. Don't miss it. The link to CNN's Open House program web site is:
http://money.cnn.com/ontv/openhouse/
I'm about to head over to a studio to be interviewed by CNN for this. Don't miss it. The link to CNN's Open House program web site is:
http://money.cnn.com/ontv/openhouse/
Law loses its way
Every HOA activist on Planet Earth has sent me a link to this article so here it is for all to read. A retired judge denounces the legal system and the legal profession.
Every HOA activist on Planet Earth has sent me a link to this article so here it is for all to read. A retired judge denounces the legal system and the legal profession.
Monday, March 28, 2005
Two bills divide homeowner, condo groups on foreclosures and state regulation
Fred Pilot found this good article that lays out the upcoming legislative battle in Florida. High stakes all around...
Two statewide organizations will duke it out on Wednesday in Tallahassee over the laws that affect millions of Floridians who live in association-run communities. The sides disagree on two bills that would ban boards from foreclosing on owners who owe less than $2,500 (SB 2632), and would require mandatory training for board members, mandatory audits of association books, and state regulation of homeowner association boards (HB 1229).
Fred Pilot found this good article that lays out the upcoming legislative battle in Florida. High stakes all around...
Two statewide organizations will duke it out on Wednesday in Tallahassee over the laws that affect millions of Floridians who live in association-run communities. The sides disagree on two bills that would ban boards from foreclosing on owners who owe less than $2,500 (SB 2632), and would require mandatory training for board members, mandatory audits of association books, and state regulation of homeowner association boards (HB 1229).
Sunday, March 27, 2005
BUILDER Online: The top 100 builders
It's interesting to note that all these folks talk about is how many housing units they sold and how much revenue they generated. They never have much to say about the consequences of all the private governments they are creating along with the homes they build. I guess that's what economists call an "externality" to them--something they don't consider as part of their cost-benefit equation.
It's interesting to note that all these folks talk about is how many housing units they sold and how much revenue they generated. They never have much to say about the consequences of all the private governments they are creating along with the homes they build. I guess that's what economists call an "externality" to them--something they don't consider as part of their cost-benefit equation.
CNN.com - Exurb growth challenges U.S. cities - Mar 27, 2005
University of Denver geography professor Paul Sutton opines on growth of the exurbs:
The West is the fastest-growing region of the country, according to the U.S. Census Bureau, and Colorado's population grew by about 30 percent from 1990 to 2000.
Sutton said he believes urban growth everywhere is happening even faster than people realize.
Using satellite photos of nighttime lights to measure sprawl, he has concluded that his family, and a third of all Americans, are living in "exurbia" -- places just beyond the suburbs where the country looks like country again, beyond the limits of most studies of urban growth.
"I think a lot of the old ideas of suburban living are now in exurbia," Sutton said. "There is a natural environment; kids are not going to get run over by a bus. "I don't lock my house," Sutton said. "There's no crime." So people live better for less money, a little farther away. Why does that matter? First, Sutton said, because fire and police protection, school bus routes, water lines, phone service and electricity must be available for such homes -- all of which is costly. Second, he said, many who live in exurbia still work in cities, adding to traffic and pollution, and demanding services there, rather than forming independent small towns with self-sustaining economies. In effect, cities get stuck paying bills run up by people who live in the exurbs.
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He makes some good points, but nothing in the article explains that in the West and practically everywhere else where this rapid growth is occurring, CIDs are the low-cost way that municipalities grow. I think the "cities get stuck paying bills" for the exurbs line, which is now a staple of Democratic Party rhetoric, is questionable. You need to add up all the taxes and assessments exurbanites pay to all levels of public and private government, not just the ones that go to municipalities.
University of Denver geography professor Paul Sutton opines on growth of the exurbs:
The West is the fastest-growing region of the country, according to the U.S. Census Bureau, and Colorado's population grew by about 30 percent from 1990 to 2000.
Sutton said he believes urban growth everywhere is happening even faster than people realize.
Using satellite photos of nighttime lights to measure sprawl, he has concluded that his family, and a third of all Americans, are living in "exurbia" -- places just beyond the suburbs where the country looks like country again, beyond the limits of most studies of urban growth.
"I think a lot of the old ideas of suburban living are now in exurbia," Sutton said. "There is a natural environment; kids are not going to get run over by a bus. "I don't lock my house," Sutton said. "There's no crime." So people live better for less money, a little farther away. Why does that matter? First, Sutton said, because fire and police protection, school bus routes, water lines, phone service and electricity must be available for such homes -- all of which is costly. Second, he said, many who live in exurbia still work in cities, adding to traffic and pollution, and demanding services there, rather than forming independent small towns with self-sustaining economies. In effect, cities get stuck paying bills run up by people who live in the exurbs.
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He makes some good points, but nothing in the article explains that in the West and practically everywhere else where this rapid growth is occurring, CIDs are the low-cost way that municipalities grow. I think the "cities get stuck paying bills" for the exurbs line, which is now a staple of Democratic Party rhetoric, is questionable. You need to add up all the taxes and assessments exurbanites pay to all levels of public and private government, not just the ones that go to municipalities.
Journal Gazette | 03/27/2005 | Suckers for sociopaths can learn avoidance
Every homeowner needs to be able to tell if any of the neighbors are sociopaths, don't you think?
The person living next door to you may look normal but could actually be about as benign as a pod person in “Invasion of the Body Snatchers,” so you had better avoid him or risk having your life ruined. That is the intriguing core of Martha Stout’s “The Sociopath Next Door,” a self-help guide to the detection and avoidance of sociopaths?– or people without consciences.
Every homeowner needs to be able to tell if any of the neighbors are sociopaths, don't you think?
The person living next door to you may look normal but could actually be about as benign as a pod person in “Invasion of the Body Snatchers,” so you had better avoid him or risk having your life ruined. That is the intriguing core of Martha Stout’s “The Sociopath Next Door,” a self-help guide to the detection and avoidance of sociopaths?– or people without consciences.
Gated community update: Many Germans want Berlin Wall back
BERLIN (Reuters) - Nearly a quarter of western Germans and 12 percent of easterners want the Berlin Wall back -- more than 15 years after the fall of the barrier that split Germany during the Cold War, according to a survey.
BERLIN (Reuters) - Nearly a quarter of western Germans and 12 percent of easterners want the Berlin Wall back -- more than 15 years after the fall of the barrier that split Germany during the Cold War, according to a survey.
Your tax dollars at work: House OKs $37 million for Wal-Mart H.Q. road
BENTONVILLE, Ark. - The U.S. House has approved a federal highway bill that includes $37 million for widening and extending the Bentonville street that provides the main access to the headquarters of Wal-Mart Stores Inc.The company says it asked U.S. Rep. John Boozman, R-Ark., to help get federal money for the proposed project. U.S. Rep. Don Young, R-Alaska, added an amendment that put the work into the $284 billion bill, which is now before the Senate.
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I guess Wal-Mart didn't have enough money to pay for this itself, so the taxpayers will have to do it. I mean, with all that surplus money lying around in the US Treasury that nobody needs, why not shovel $37 million in the direction of one of the world's largest and most profitable corporations?
BENTONVILLE, Ark. - The U.S. House has approved a federal highway bill that includes $37 million for widening and extending the Bentonville street that provides the main access to the headquarters of Wal-Mart Stores Inc.The company says it asked U.S. Rep. John Boozman, R-Ark., to help get federal money for the proposed project. U.S. Rep. Don Young, R-Alaska, added an amendment that put the work into the $284 billion bill, which is now before the Senate.
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I guess Wal-Mart didn't have enough money to pay for this itself, so the taxpayers will have to do it. I mean, with all that surplus money lying around in the US Treasury that nobody needs, why not shovel $37 million in the direction of one of the world's largest and most profitable corporations?
Saturday, March 26, 2005
Ridgeland may enforce neighborhood standards - The Clarion-Ledger
Fred Pilot found this piece about a city that is doing the bidding of HOA residents by becoming more like an HOA...
Parking your car in the front yard or encircling your back yard with cyclone fencing may become taboo in Ridgeland. And forget about plastering the front of your home with a mural or placing that portable wading pool in your front yard. The city of Ridgeland is considering creating overlay districts to preserve and protect its neighborhoods from these and other types of perceived offenses. If approved, the ordinance would offer a "laundry list" of items to be addressed in what will be called Neighborhood Preservation Overlay Districts. The ordinance will govern issues like parked vehicles, including recreational vehicles, fence sizes and types, house paint and shingle types. The Wheatley Ridge Neighborhood Association, comprised of Greenbrook, Brookfield, Squirrel Hill and Wheatley Place, championed the proposed ordinance after learning that covenants in their neighborhoods had expired, said Ward 3 Alderman Mike Crook, who lives in the Greenbrook subdivision.
Fred Pilot found this piece about a city that is doing the bidding of HOA residents by becoming more like an HOA...
Parking your car in the front yard or encircling your back yard with cyclone fencing may become taboo in Ridgeland. And forget about plastering the front of your home with a mural or placing that portable wading pool in your front yard. The city of Ridgeland is considering creating overlay districts to preserve and protect its neighborhoods from these and other types of perceived offenses. If approved, the ordinance would offer a "laundry list" of items to be addressed in what will be called Neighborhood Preservation Overlay Districts. The ordinance will govern issues like parked vehicles, including recreational vehicles, fence sizes and types, house paint and shingle types. The Wheatley Ridge Neighborhood Association, comprised of Greenbrook, Brookfield, Squirrel Hill and Wheatley Place, championed the proposed ordinance after learning that covenants in their neighborhoods had expired, said Ward 3 Alderman Mike Crook, who lives in the Greenbrook subdivision.
Friday, March 25, 2005
BBC NEWS | UK | England | Merseyside | Asbo family banned from borough
Take a look at these mug shots and see if you want them for neighbors. I think they are looking for a new place to live...and how about this "anti-social behavior order"? I can think of some HOAs that would love to have that power.
A family of five have been banned from harassing anyone in England and Wales and also banned from their home borough of Wirral. A court was told the Bridge family's neighbours in Grosvenor Road, New Brighton, had "lived in fear" of them. District Judge Nick Sanders issued the anti-social behaviour order on Thursday at Birkenhead Magistrates Court.
Take a look at these mug shots and see if you want them for neighbors. I think they are looking for a new place to live...and how about this "anti-social behavior order"? I can think of some HOAs that would love to have that power.
A family of five have been banned from harassing anyone in England and Wales and also banned from their home borough of Wirral. A court was told the Bridge family's neighbours in Grosvenor Road, New Brighton, had "lived in fear" of them. District Judge Nick Sanders issued the anti-social behaviour order on Thursday at Birkenhead Magistrates Court.
Township hiring is a family affair
While I'm on the topic of dysfunctional local government...
When Wayne Township Trustee Dan Gammon needed someone to manage the township's firefighter training center, he didn't recruit statewide or even take out a classified ad. He awarded a $30,000 contract to his wife. And when Decatur Township Assessor Charles Coleman filled his eight-person office, he didn't look far. His staff includes his wife, son and daughter -- and he pays them a total of more than $143,000 a year. A review of the hiring practices of Marion County's nine townships by The Indianapolis Star revealed that elected trustees and assessors have relied heavily on their family members as employees and contractors.
While I'm on the topic of dysfunctional local government...
When Wayne Township Trustee Dan Gammon needed someone to manage the township's firefighter training center, he didn't recruit statewide or even take out a classified ad. He awarded a $30,000 contract to his wife. And when Decatur Township Assessor Charles Coleman filled his eight-person office, he didn't look far. His staff includes his wife, son and daughter -- and he pays them a total of more than $143,000 a year. A review of the hiring practices of Marion County's nine townships by The Indianapolis Star revealed that elected trustees and assessors have relied heavily on their family members as employees and contractors.
"Best Living Argument for Privatization Award" goes to...
Sheriff Myron E. Freeman said Thursday that he expects to ask the Fulton County Commission for more money to provide security at the county's courthouse and jail.
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This is the brain-truster who delegated a 51 year old, five-foot-tall, grandmother to escort rapist/murderer Brian Nichols to court, all by herself. Here's another great line from the "sheriff":"You can't discriminate based on gender," Freeman said. "A deputy sheriff is a deputy sheriff."
No. You can't. But that isn't the point. The point is that this mini-deputy, alone, obviously was not physically capable of restraining the 200 pound defendant if he decided to resist while his hands were free. Which is what he did, leading to four deaths and injuries to others. And the point is also that the judge and prosecutor had already requested extra security because Nichols had been caught trying to smuggle two shanks into the courtroom in his shoes. And the sheriff's response is that he didn't do anything wrong. Just give us more money.
This is why people give up on government and decide that privatization, with virtual secession from the public realm, is the only way to live a sane existence. Public officials like this are just walking, talking ads for privatization.
Sheriff Myron E. Freeman said Thursday that he expects to ask the Fulton County Commission for more money to provide security at the county's courthouse and jail.
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This is the brain-truster who delegated a 51 year old, five-foot-tall, grandmother to escort rapist/murderer Brian Nichols to court, all by herself. Here's another great line from the "sheriff":"You can't discriminate based on gender," Freeman said. "A deputy sheriff is a deputy sheriff."
No. You can't. But that isn't the point. The point is that this mini-deputy, alone, obviously was not physically capable of restraining the 200 pound defendant if he decided to resist while his hands were free. Which is what he did, leading to four deaths and injuries to others. And the point is also that the judge and prosecutor had already requested extra security because Nichols had been caught trying to smuggle two shanks into the courtroom in his shoes. And the sheriff's response is that he didn't do anything wrong. Just give us more money.
This is why people give up on government and decide that privatization, with virtual secession from the public realm, is the only way to live a sane existence. Public officials like this are just walking, talking ads for privatization.
Legal Affairs: Home Is Where the Heart Is*
*Provided your dog's weight does not exceed 30 pounds, your shutters are painted a tasteful hue, and your lawn is in accordance with the standards mandated by the architectural-control committee
This is Ross Guberman's excellent article on HOAs. I don't think I linked to this when it first came out.
*Provided your dog's weight does not exceed 30 pounds, your shutters are painted a tasteful hue, and your lawn is in accordance with the standards mandated by the architectural-control committee
This is Ross Guberman's excellent article on HOAs. I don't think I linked to this when it first came out.
10 Things a Homeowners Association Won't Tell You
Here's a blast from the past--still a good piece that bears reading.
Here's a blast from the past--still a good piece that bears reading.
Times Community Newspapers - Top Stories - 03/22/2005 - HOAs turn to private security, request more deputies
As the Sheriff's Office struggles to keep up with the growing demands of Loudoun's ever-growing population, some homeowner associations are turning to volunteer neighborhood watch programs and even private security firms to supplement the sense of community presence they say overextended Sheriff's deputies cannot always provide. Representing more than 12,000 families in eastern Loudoun, the HOA presidents of Ashburn Farm, Ashburn Village and Broadlands recently appeared at a county budget public hearing to support full funding of the Sheriff's Office. The speakers named the hiring of more deputies as a top priority for the county, citing their private efforts to reduce vandalism as an indication that the Sheriff's Office needs more people to patrol the streets.
As the Sheriff's Office struggles to keep up with the growing demands of Loudoun's ever-growing population, some homeowner associations are turning to volunteer neighborhood watch programs and even private security firms to supplement the sense of community presence they say overextended Sheriff's deputies cannot always provide. Representing more than 12,000 families in eastern Loudoun, the HOA presidents of Ashburn Farm, Ashburn Village and Broadlands recently appeared at a county budget public hearing to support full funding of the Sheriff's Office. The speakers named the hiring of more deputies as a top priority for the county, citing their private efforts to reduce vandalism as an indication that the Sheriff's Office needs more people to patrol the streets.
Yahoo! News - Family Asked To Remove Giant Yellow Ribbon From Yard
Saul's brother constructed an 8-foot by 4-foot yellow ribbon sign just one month after he was deployed and put it in the front of the home. But, the managing agent for the Villas at Ingram Hills sent a notice to the family, stating that it was against homeowner violations and asked them to remove it.
Saul's brother constructed an 8-foot by 4-foot yellow ribbon sign just one month after he was deployed and put it in the front of the home. But, the managing agent for the Villas at Ingram Hills sent a notice to the family, stating that it was against homeowner violations and asked them to remove it.
Sunday, March 20, 2005
Landslide victims get more bad news | The San Diego Union-Tribune
CARLSBAD – The view from the swimming pool at the Marbella condominiums in La Costa is a breathtaking sight of rolling hills with a lagoon in the distance. But the more than 35 residents who crowded the pool area in yesterday morning's drizzle and who had perhaps moved into their homes with the view in mind were paralyzed with grim news. The earth is still moving because of incessant rains, several of the condominiums are uninhabitable and the owners are likely to incur more costs than they can afford. "I don't know if you're going to have to take out a loan or borrow money from your mom," attorney David Peters told the group of worried faces. "At this moment in time, we're on our own."
[more]
CARLSBAD – The view from the swimming pool at the Marbella condominiums in La Costa is a breathtaking sight of rolling hills with a lagoon in the distance. But the more than 35 residents who crowded the pool area in yesterday morning's drizzle and who had perhaps moved into their homes with the view in mind were paralyzed with grim news. The earth is still moving because of incessant rains, several of the condominiums are uninhabitable and the owners are likely to incur more costs than they can afford. "I don't know if you're going to have to take out a loan or borrow money from your mom," attorney David Peters told the group of worried faces. "At this moment in time, we're on our own."
[more]
Friday, March 18, 2005
Huge fee hike sought for new S.D. homes | The San Diego Union-Tribune
Note that this would come on top of already astronomical housing prices. The median home in San Diego now sells for $580,000, as I noted in a previous post.
San Diego officials are calling for a nearly tenfold average increase in a fee for new-home construction to keep pace with park and recreation needs. The proposal faces opposition from builders, affordable-housing advocates and the city's advisory Park and Recreation Board, which rejected the idea 4-1 yesterday. The average city park impact fee would increase from $2,637 per unit to $24,755 as outlined in a March 9 report by a deputy director of the Park and Recreation Department. In the report, April Penera said no waiver should be granted for the proposed increase in areas targeted for affordable housing.
Note that this would come on top of already astronomical housing prices. The median home in San Diego now sells for $580,000, as I noted in a previous post.
San Diego officials are calling for a nearly tenfold average increase in a fee for new-home construction to keep pace with park and recreation needs. The proposal faces opposition from builders, affordable-housing advocates and the city's advisory Park and Recreation Board, which rejected the idea 4-1 yesterday. The average city park impact fee would increase from $2,637 per unit to $24,755 as outlined in a March 9 report by a deputy director of the Park and Recreation Department. In the report, April Penera said no waiver should be granted for the proposed increase in areas targeted for affordable housing.
Feds' antitrust inquiry targets Ariz. builders, telecom firms
Fred Pilot has been sending me links to great stories, but I've been sick and if that weren't bad enough somebody hacked the UIC webmail system and I couldn't get access to my mail. When it rains it pours.
The U.S. Department of Justice is investigating whether exclusive agreements between Arizona developers and communications companies, such as Cox and Qwest, violate antitrust laws... In a so-called preferred-provider agreement, a developer grants a firm, such as Cox or Qwest, exclusive rights to market its services inside a subdivision's model-home offices and gives it other advantages that may discourage competitors.In some cases, home buyers are locked into paying for Internet or telephone service through homeowners association dues, so if they want a competitor's service, they have to pay on top of the dues or, in effect, pay twice.
[more]
Fred Pilot has been sending me links to great stories, but I've been sick and if that weren't bad enough somebody hacked the UIC webmail system and I couldn't get access to my mail. When it rains it pours.
The U.S. Department of Justice is investigating whether exclusive agreements between Arizona developers and communications companies, such as Cox and Qwest, violate antitrust laws... In a so-called preferred-provider agreement, a developer grants a firm, such as Cox or Qwest, exclusive rights to market its services inside a subdivision's model-home offices and gives it other advantages that may discourage competitors.In some cases, home buyers are locked into paying for Internet or telephone service through homeowners association dues, so if they want a competitor's service, they have to pay on top of the dues or, in effect, pay twice.
[more]
Wednesday, March 09, 2005
Sunday, March 06, 2005
Suburbia Takes Shape in Imperial Valley
EL CENTRO, Calif. — A big indoor mall opens Wednesday, eight months after the area's first stand-alone Starbucks hit town. Several national homebuilders have staked ground as bulldozers prepare more farmland for construction. The Imperial Valley — a desert region of 160,000 people and a notoriously high unemployment rate — is witnessing a surge in new homes and stores for middle-income families. Homebuilders are betting that the Imperial Valley will become San Diego's next bedroom community, another example of how California's climbing home prices are forcing people to live farther from work. The 230-mile round trip to San Diego and back takes about four hours, but here it's easy to find a new home for less than $300,000. In San Diego, the median price of a resale home hit $580,000 in January.
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I have three words for you: this is madness.
EL CENTRO, Calif. — A big indoor mall opens Wednesday, eight months after the area's first stand-alone Starbucks hit town. Several national homebuilders have staked ground as bulldozers prepare more farmland for construction. The Imperial Valley — a desert region of 160,000 people and a notoriously high unemployment rate — is witnessing a surge in new homes and stores for middle-income families. Homebuilders are betting that the Imperial Valley will become San Diego's next bedroom community, another example of how California's climbing home prices are forcing people to live farther from work. The 230-mile round trip to San Diego and back takes about four hours, but here it's easy to find a new home for less than $300,000. In San Diego, the median price of a resale home hit $580,000 in January.
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I have three words for you: this is madness.
Saturday, March 05, 2005
SAN RAFAEL / Judge won't force woman out of hospital / 82-year-old served eviction notice, says she has nowhere to go
I say call an HOA collections lawyer. He'll have her out in no time. Thanks to Fred Pilot for sending this tale.
A Marin County judge refused Friday to order sheriff's officers to evict an 82-year-old woman who has refused to leave a bed at Kaiser Permanente San Rafael Medical Center for more than a year.
I say call an HOA collections lawyer. He'll have her out in no time. Thanks to Fred Pilot for sending this tale.
A Marin County judge refused Friday to order sheriff's officers to evict an 82-year-old woman who has refused to leave a bed at Kaiser Permanente San Rafael Medical Center for more than a year.
Friday, March 04, 2005
Pahrump Valley Times - The market will control growth (watch the skies...)
From the Kingdom of Nye, site of Art Bell's fortified compound, comes this, courtesy of Fred Pilot:
Nye County commissioners rejected the idea of a moratorium on residential developments in the Pahrump Valley that create higher densities - and greater profits for developers - placing their bets on market forces and developers' good will to solve Pahrump's future growth problems.
From the Kingdom of Nye, site of Art Bell's fortified compound, comes this, courtesy of Fred Pilot:
Nye County commissioners rejected the idea of a moratorium on residential developments in the Pahrump Valley that create higher densities - and greater profits for developers - placing their bets on market forces and developers' good will to solve Pahrump's future growth problems.
Thursday, March 03, 2005
Condo owner says inquiries to board led to vandalism
All condo owner Jallele Praschnik did was ask to look at her condo association's records, as allowed by state law.
As a result, she says, her screen was cut, pesticide was thrown into her apartment, and eggs were thrown at her car. In addition, someone would periodically stand outside her window, looking in and listening to her conversations.
After 15 months of such intimidation, she said, she borrowed surveillance equipment and taped a neighbor committing the alleged crimes.
Police last week arrested John Losada, 59, a leader of the condo association at the South Grove Plaza, at 2690 SW 22nd Ave. in Miami. He is scheduled to appear in court on March 15 to answer charges of criminal mischief and stalking.
He faces five years on the vandalism charge and one year on the stalking charge if convicted. He is free on $6,000 bail.
[more]
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Here's the poster boy for why we need oversight of condo/hoa boards of directors. Yeah, yeah..."it's an isolated instance." One of about a gazillion.
All condo owner Jallele Praschnik did was ask to look at her condo association's records, as allowed by state law.
As a result, she says, her screen was cut, pesticide was thrown into her apartment, and eggs were thrown at her car. In addition, someone would periodically stand outside her window, looking in and listening to her conversations.
After 15 months of such intimidation, she said, she borrowed surveillance equipment and taped a neighbor committing the alleged crimes.
Police last week arrested John Losada, 59, a leader of the condo association at the South Grove Plaza, at 2690 SW 22nd Ave. in Miami. He is scheduled to appear in court on March 15 to answer charges of criminal mischief and stalking.
He faces five years on the vandalism charge and one year on the stalking charge if convicted. He is free on $6,000 bail.
[more]
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Here's the poster boy for why we need oversight of condo/hoa boards of directors. Yeah, yeah..."it's an isolated instance." One of about a gazillion.
Tuesday, March 01, 2005
Yahoo! News - San Diego median resale price up nearly 24% in January
The median price of an existing home in San Diego was $580,220 as of January 2005, a 23.9 percent increase over the average price of $468,450 in January of last year, the California Association of Realtors reported Friday.
Good grief. Median resale prices approaching $600K?
The median price of an existing home in San Diego was $580,220 as of January 2005, a 23.9 percent increase over the average price of $468,450 in January of last year, the California Association of Realtors reported Friday.
Good grief. Median resale prices approaching $600K?
Thursday, February 24, 2005
law.com - During 'Kelo' Arguments, Justices Feel for Homeowners
Tony Mauro
Legal Times
Here's a good summary of the argument yesterday in Kelo v. City of New London. It captures the bind some of the justices seem to sense they are in: they sympathize with the owners, and they get that the "public use" language has to mean something other than the city leasing the land to developers for $1 per year, in the hope that tax revenues will go up. But they are reluctant to overrule two precedents and thereby throw a monkey wrench in the redevelopment efforts of cities all over America, which are based on the same highly questionable practice. It is a bit like saying, "Well, legally you are right, Ms. Kelo, but if we rule in your favor it will cause a disaster, because cities all over the nation are abusing the eminent domain power, too." This is portrayed as a case of small property owners versus the city. But in reality it is developers versus small property owners.
Tony Mauro
Legal Times
Here's a good summary of the argument yesterday in Kelo v. City of New London. It captures the bind some of the justices seem to sense they are in: they sympathize with the owners, and they get that the "public use" language has to mean something other than the city leasing the land to developers for $1 per year, in the hope that tax revenues will go up. But they are reluctant to overrule two precedents and thereby throw a monkey wrench in the redevelopment efforts of cities all over America, which are based on the same highly questionable practice. It is a bit like saying, "Well, legally you are right, Ms. Kelo, but if we rule in your favor it will cause a disaster, because cities all over the nation are abusing the eminent domain power, too." This is portrayed as a case of small property owners versus the city. But in reality it is developers versus small property owners.
Sunday, February 20, 2005
The Modesto Bee: Call grows to deregulate home building--Environmental law causing valley's sprawl, critics say
Developers and some city planners long have complained that the CEQA-required [California Environmental Quality Act] environmental review process has been abused by "not-in-my-backyard" opponents less concerned about saving the planet and more interested in dragging out projects in costly court battles to scare away developers.
The result, as the builders tell it, is that new subdivisions and apartment complexes get pushed farther away and onto fertile farmland where opposition isn't as intense.
Meanwhile, the demand for housing closer to cities goes up — and with it go prices that push homeownership out of reach.
Now there's talk of eliminating some CEQA reporting requirements on a project-by-project basis to encourage housing closer to the urban core and on old industrial sites.
Developers and some city planners long have complained that the CEQA-required [California Environmental Quality Act] environmental review process has been abused by "not-in-my-backyard" opponents less concerned about saving the planet and more interested in dragging out projects in costly court battles to scare away developers.
The result, as the builders tell it, is that new subdivisions and apartment complexes get pushed farther away and onto fertile farmland where opposition isn't as intense.
Meanwhile, the demand for housing closer to cities goes up — and with it go prices that push homeownership out of reach.
Now there's talk of eliminating some CEQA reporting requirements on a project-by-project basis to encourage housing closer to the urban core and on old industrial sites.
Herald.com | 02/20/2005 | Will condo czar expand powers?
The state's new condo ombudsman and the lawmaker who helped create the job are facing a daunting task.
Alone, with a $103,000 budget -- which pays little more than his $63,000-a-year salary -- Virgil Rizzo has been instructed by the Legislature to resolve hundreds of disputes between condo associations and unit owners throughout Florida. Six weeks into his new job, the Fort Lauderdale doctor and attorney is overwhelmed. And now, state Rep. Julio Robaina, R-South Miami, plans to try to expand Rizzo's responsibilities and power during the upcoming legislative session. He wants to give Rizzo subpoena power and authority over homeowners associations.
[more]
The state's new condo ombudsman and the lawmaker who helped create the job are facing a daunting task.
Alone, with a $103,000 budget -- which pays little more than his $63,000-a-year salary -- Virgil Rizzo has been instructed by the Legislature to resolve hundreds of disputes between condo associations and unit owners throughout Florida. Six weeks into his new job, the Fort Lauderdale doctor and attorney is overwhelmed. And now, state Rep. Julio Robaina, R-South Miami, plans to try to expand Rizzo's responsibilities and power during the upcoming legislative session. He wants to give Rizzo subpoena power and authority over homeowners associations.
[more]
Friday, February 18, 2005
S2016: proposed New Jersey "Common Interest Community and Homeowners' Association Act."
Here is a big fat bill that would make some significant changes in New Jersey law. Section 2, the legislative findings, are well worth reading.
Here is a big fat bill that would make some significant changes in New Jersey law. Section 2, the legislative findings, are well worth reading.
Pahrump Valley Times - Gated community coming soon to Pahrump
Fred Pilot, a big Art Bell fan, sends this message along. Pahrump's most famous citizen is radio host Art Bell, the king of late-night radio, whose paranormal program emanates from his home. Now, it seems that the gated community menace is on the doorstep. Watch the skies...
The Pahrump Regional Planning Commission took its first steps last week in unanimously approving Pahrump's first private gated community. At the same time, the application processing for the development marked the initial amendment to the county's master plan, now just over a year old. Many more amendments are expected in months to come.
[more]
Fred Pilot, a big Art Bell fan, sends this message along. Pahrump's most famous citizen is radio host Art Bell, the king of late-night radio, whose paranormal program emanates from his home. Now, it seems that the gated community menace is on the doorstep. Watch the skies...
The Pahrump Regional Planning Commission took its first steps last week in unanimously approving Pahrump's first private gated community. At the same time, the application processing for the development marked the initial amendment to the county's master plan, now just over a year old. Many more amendments are expected in months to come.
[more]
The Cranbury Press - 02/18/2005 - Bill could change the way Monroe's PRCs are governed
Big news from New Jersey. Looks like another banner year for CID reform:
A state Senate bill introduced in November could mean homeowners associations in Monroe's retirement communities would have to act more like municipal governing bodies.
According to the bill, introduced by Sen. Shirley K. Turner, D-15th, the changes would "require that democratic principles be followed by the governing board of a homeowners association in all association matters including, but not limited to, elections, access to records, open meetings, formation of rules and alternative dispute resolution."
The bill calls for enforcement by the Department of Community Affairs.
The bill says these changes are needed to provide for "transparent" government. It also establishes that a homeowners association is "subject to the political jurisdiction of a municipality, regardless of any bylaws to the contrary."
The bill, known as the Common Interest Community and Homeowner's Association Act, would be an amendment to the Condominium Act, which recognizes condo communities as corporate associations. Common interest communities include townhouses, cooperatives and planned unit developments in addition to condos.
[more]
Big news from New Jersey. Looks like another banner year for CID reform:
A state Senate bill introduced in November could mean homeowners associations in Monroe's retirement communities would have to act more like municipal governing bodies.
According to the bill, introduced by Sen. Shirley K. Turner, D-15th, the changes would "require that democratic principles be followed by the governing board of a homeowners association in all association matters including, but not limited to, elections, access to records, open meetings, formation of rules and alternative dispute resolution."
The bill calls for enforcement by the Department of Community Affairs.
The bill says these changes are needed to provide for "transparent" government. It also establishes that a homeowners association is "subject to the political jurisdiction of a municipality, regardless of any bylaws to the contrary."
The bill, known as the Common Interest Community and Homeowner's Association Act, would be an amendment to the Condominium Act, which recognizes condo communities as corporate associations. Common interest communities include townhouses, cooperatives and planned unit developments in addition to condos.
[more]
Thursday, February 17, 2005
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=668503
Here you'll find a link to a paper by John Ryskamp entitled, "Brief Review of Topics Relating to Peaceful Resistance to Kelo Type Housing Dispossessions." When the county sheriff comes a-calling to move people out, what happens?
Here you'll find a link to a paper by John Ryskamp entitled, "Brief Review of Topics Relating to Peaceful Resistance to Kelo Type Housing Dispossessions." When the county sheriff comes a-calling to move people out, what happens?
Saturday, February 12, 2005
Monterey County Herald | 02/11/2005 | Push for mandatory health
Now, does this qualify as galloping socialism, or is it still creeping?
SAN JOSE - A sweeping, bipartisan health reform plan that would require all Californians to purchase basic health insurance -- or have their wages garnished -- is drawing a lot of attention in Sacramento, but insiders say the plan in its current form doesn't stand much of a chance.
Now, does this qualify as galloping socialism, or is it still creeping?
SAN JOSE - A sweeping, bipartisan health reform plan that would require all Californians to purchase basic health insurance -- or have their wages garnished -- is drawing a lot of attention in Sacramento, but insiders say the plan in its current form doesn't stand much of a chance.
Boing Boing: Witold Rybczynski on Disney's planned Florida community
Mystery Reader located this commentary on Celebration from a distinguished urban planning professor at the Wharton School. It contains the following pithy comment, with which I would agree based on my visit to Celebration:
"The truth is that despite its best efforts, the populist Disney Co. has produced an elitist product. This attractively designed town may be cause for celebration, but it is no panacea."
Mystery Reader located this commentary on Celebration from a distinguished urban planning professor at the Wharton School. It contains the following pithy comment, with which I would agree based on my visit to Celebration:
"The truth is that despite its best efforts, the populist Disney Co. has produced an elitist product. This attractively designed town may be cause for celebration, but it is no panacea."
Crime - More firebomb suspects sought - sacbee.com
The ever-vigilant Fred Pilot found this key paragraph in a story on a bunch of eco-terrorists:
The bombs were set, the letter states, "in honor of everyone ... who feels their rural lifestyles are being threatened by these mass-produced design communities."
The Auburn office building was targeted "as a statement against work and the horror of the cubicle," the letter said.
The ever-vigilant Fred Pilot found this key paragraph in a story on a bunch of eco-terrorists:
The bombs were set, the letter states, "in honor of everyone ... who feels their rural lifestyles are being threatened by these mass-produced design communities."
The Auburn office building was targeted "as a statement against work and the horror of the cubicle," the letter said.
Wednesday, February 09, 2005
TheKCRAChannel.com - News - Display Stirs Controversy In Land Park
SACRAMENTO, Calif. -- Nestled in a quiet Sacramento neighborhood is a very loud political statement that is testing the very foundation of the right to free speech. Hanging from a house in Land Park, a soldier's uniform in a noose dangles from a rooftop. The words "your tax dollars at work" are scrolled across the chest.
[more]
-----------------
Given that the neighbors are calling the police, I think we can safely assume there is no HOA. If there were, I think this offensive display would be long gone.
SACRAMENTO, Calif. -- Nestled in a quiet Sacramento neighborhood is a very loud political statement that is testing the very foundation of the right to free speech. Hanging from a house in Land Park, a soldier's uniform in a noose dangles from a rooftop. The words "your tax dollars at work" are scrolled across the chest.
[more]
-----------------
Given that the neighbors are calling the police, I think we can safely assume there is no HOA. If there were, I think this offensive display would be long gone.
Tuesday, February 08, 2005
O'Toole v. Los Angeles Kingsbury Court Owners Association
Here's a major decision on owners being ultimately liable for judgments due to board decisions--if the insurance company doesn't pay it, guess who does? Members--by special assessment, court-ordered if necessary.
Read and learn...
Here's a major decision on owners being ultimately liable for judgments due to board decisions--if the insurance company doesn't pay it, guess who does? Members--by special assessment, court-ordered if necessary.
Read and learn...
Sunday, February 06, 2005
The Daily Inter Lake:Man sentenced in HOA embezzlement case
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
The Daily Inter Lake:Man sentenced in HOA embezzlement case
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
Fred Pilot found this:
A man who embezzled from the Meadow Lake Homeowners Association was sentenced Thursday to 20 years with 15 suspended. Theodore Hodges previously pleaded guilty to theft and forgery, both felonies. He must pay restitution of $122,600, plus about $300 in fees in surcharges.
[more]
Thursday, February 03, 2005
HOAs become hot-button issue in AZ
Homeowners associations and possible legislation that may affect HOA groups were a hot topic Wednesday as lawmakers met with Chandler residents at the state Capitol.
Sen. John Huppenthal, R-Chandler, told a group of Chandler neighbors he plans to introduce a bill in the Legislature making it easier for homeowners associations to change their rules.
[more]
Homeowners associations and possible legislation that may affect HOA groups were a hot topic Wednesday as lawmakers met with Chandler residents at the state Capitol.
Sen. John Huppenthal, R-Chandler, told a group of Chandler neighbors he plans to introduce a bill in the Legislature making it easier for homeowners associations to change their rules.
[more]
Tuesday, February 01, 2005
Sunday, January 30, 2005
"Want to start a lively argument with your coworkers? Ask them what they think about covenants and homeowners associations..."
From the Denver Post, courtesy of Fred Pilot.
...Everyone has an opinion. They can get quite passionate about the issue, and the points of view don't always match political stereotypes.
Many liberals and most libertarians find the idea appalling. But considerable numbers of conservative suburbanites and communitarian Democrats think covenants are better than architectural anarchy.
From the Denver Post, courtesy of Fred Pilot.
...Everyone has an opinion. They can get quite passionate about the issue, and the points of view don't always match political stereotypes.
Many liberals and most libertarians find the idea appalling. But considerable numbers of conservative suburbanites and communitarian Democrats think covenants are better than architectural anarchy.
Saturday, January 29, 2005
Unearthing the Secrets of the Past: Remains Found By Workers at Georgetown Home
(washingtonpost.com)
The masonry workers carefully removed part of the old rowhouse's brick foundation and began excavating the dirt on the other side. First they came across some wooden planks. Then they found what looked like human remains -- a jaw, most teeth still intact, several joints, some ribs... She knew that a human skull had been excavated in her neighbor's yard nearly half a century earlier and that the park across the street stood on the site of one of the city's oldest and most prestigious burial grounds...
-------------------
I saw this film. In the next scene, the chairs are found mysteriously stacked on the kitchen table and the TV starts disgorging the walking dead.
(washingtonpost.com)
The masonry workers carefully removed part of the old rowhouse's brick foundation and began excavating the dirt on the other side. First they came across some wooden planks. Then they found what looked like human remains -- a jaw, most teeth still intact, several joints, some ribs... She knew that a human skull had been excavated in her neighbor's yard nearly half a century earlier and that the park across the street stood on the site of one of the city's oldest and most prestigious burial grounds...
-------------------
I saw this film. In the next scene, the chairs are found mysteriously stacked on the kitchen table and the TV starts disgorging the walking dead.
Monday, January 24, 2005
Annoying Neighbors : Humor and Horror Stories In Your Town
I haven't been able to post for a day due to some poltergeist in Blogger cyberspace. Here's something not to be missed. A sample:
jenkintown, Pennsylvania, United States
Last Updated: 10/1/2004 10:03:38 AM
I have this neighbor who has lived on the street since she was 7-get a life! Anyway she thinks she owns the block and she is the mayor or something. Well, it just kills her that I can't stand her and have basically said so. Then yesterday I get this page out of a self help calendar in the mail with no return address...can you say wacko? Anyway, I wrote on it that she wins, she is crazier than I thought and mailed it back to her! What a nutcase.
I haven't been able to post for a day due to some poltergeist in Blogger cyberspace. Here's something not to be missed. A sample:
jenkintown, Pennsylvania, United States
Last Updated: 10/1/2004 10:03:38 AM
I have this neighbor who has lived on the street since she was 7-get a life! Anyway she thinks she owns the block and she is the mayor or something. Well, it just kills her that I can't stand her and have basically said so. Then yesterday I get this page out of a self help calendar in the mail with no return address...can you say wacko? Anyway, I wrote on it that she wins, she is crazier than I thought and mailed it back to her! What a nutcase.
Sunday, January 23, 2005
Macomb Daily : Former Marine vows to continue fight to fly flag 01/23/05
A Macomb Township man said he will appeal a recent court ruling that forced him to remove a Marine Corps flag from the front of his condominium.
John O'Brien, a former Marine, said increasing and anticipated support from fellow Marines locally and across the nation contributed to his decision to appeal the December ruling in which a Macomb Circuit Court judge ordered him to take down the flag because it violates condominium association rules.
O'Brien argues that no rule exists preventing the flag, and the order violates his First Amendment right to free speech.
[more]
------------------
A Macomb Township man said he will appeal a recent court ruling that forced him to remove a Marine Corps flag from the front of his condominium.
John O'Brien, a former Marine, said increasing and anticipated support from fellow Marines locally and across the nation contributed to his decision to appeal the December ruling in which a Macomb Circuit Court judge ordered him to take down the flag because it violates condominium association rules.
O'Brien argues that no rule exists preventing the flag, and the order violates his First Amendment right to free speech.
[more]
------------------
Saturday, January 22, 2005
Discovery Channel :: News :: Roman-Era Britons Lived In Suburbia
Now, that's what I call a story...
A spa treatment followed by a trip to the suburbs for a bit of shopping and dining sounds like a day in the life of a wealthy suburbanite, but it also could describe someone's schedule from around the 1st century A.D., as archaeologists in Bath, England have identified an ancient suburb located outside of Bath's main city center. Since suburbs dating to the Roman period also have been found around other major cities, such as London, the finding adds to the evidence that suburban living is not a modern phenomenon.
[more]
Now, that's what I call a story...
A spa treatment followed by a trip to the suburbs for a bit of shopping and dining sounds like a day in the life of a wealthy suburbanite, but it also could describe someone's schedule from around the 1st century A.D., as archaeologists in Bath, England have identified an ancient suburb located outside of Bath's main city center. Since suburbs dating to the Roman period also have been found around other major cities, such as London, the finding adds to the evidence that suburban living is not a modern phenomenon.
[more]
Boing Boing: Shag's house profiled in LA Times
Mystery Reader provides this glimpse into the life and crib of one Shag, a "pop surrealism artist," who lives the life of the cool and eccentric.
Mystery Reader provides this glimpse into the life and crib of one Shag, a "pop surrealism artist," who lives the life of the cool and eccentric.
Boing Boing: Relocation of Futuro-House
Mystery Reader send along this piece about a house that looks like a UFO...but the house, says the piece, is intended to reflect "the optimism of the 60s." I never thought of the 60s as being optimistic, but then I wasn't a hippie, so maybe I missed the whole Zeitgeist or Zeigfeld or Gemeinschaft, or whatever.
Mystery Reader send along this piece about a house that looks like a UFO...but the house, says the piece, is intended to reflect "the optimism of the 60s." I never thought of the 60s as being optimistic, but then I wasn't a hippie, so maybe I missed the whole Zeitgeist or Zeigfeld or Gemeinschaft, or whatever.
News - Input sought on homeowners groups - sacbee.com
The California Law Revision Commission has a 95% success rate with the state legislature, and if you want to influence their recommendations, now is the time to speak your piece. Send them an e-mail.
The California Law Revision Commission is scheduled to meet today in the state Capitol to hear public testimony about its proposal to create an oversight agency for homeowners associations.
The meeting will start at 9:30 a.m. in room 113. The commission will take comments on its proposal for a new state bureau and might approve a final recommendation to legislators, officials said.
[more]
The California Law Revision Commission has a 95% success rate with the state legislature, and if you want to influence their recommendations, now is the time to speak your piece. Send them an e-mail.
The California Law Revision Commission is scheduled to meet today in the state Capitol to hear public testimony about its proposal to create an oversight agency for homeowners associations.
The meeting will start at 9:30 a.m. in room 113. The commission will take comments on its proposal for a new state bureau and might approve a final recommendation to legislators, officials said.
[more]
When a Home Isn't Safe | theledger.com
This is an editorial:
A little-known fact in Florida: Just because a homeowner has homestead exemption, it doesn't prevent a homeowners' association from foreclosing on the home for failure to pay association dues. "I don't want anyone to go through what we went through," Robert Denson, 42, told The Miami Herald this month. He lost his Boynton Beach home in 2003 when the association foreclosed on a $1,200 debt it was owed.
...This session, Florida legislators need to give associations an alternative before the step of foreclosure is taken.
---------------
This is an editorial:
A little-known fact in Florida: Just because a homeowner has homestead exemption, it doesn't prevent a homeowners' association from foreclosing on the home for failure to pay association dues. "I don't want anyone to go through what we went through," Robert Denson, 42, told The Miami Herald this month. He lost his Boynton Beach home in 2003 when the association foreclosed on a $1,200 debt it was owed.
...This session, Florida legislators need to give associations an alternative before the step of foreclosure is taken.
---------------
Friday, January 21, 2005
KPHO Phoenix - Many HOA's Demand Winter Lawns Despite Drought Warnings
Fred Pilot passed this along. This has been reported in Nevada as well, and it is really amazing:
No matter how much rain has fallen recently, we're still in the thick of a long-term drought. Many valley residents are complaining their Homeowner's Associations are forcing them to waste water, by requiring green lawns all year round.
[more]
Fred Pilot passed this along. This has been reported in Nevada as well, and it is really amazing:
No matter how much rain has fallen recently, we're still in the thick of a long-term drought. Many valley residents are complaining their Homeowner's Associations are forcing them to waste water, by requiring green lawns all year round.
[more]
TheDenverChannel.com - News - Bill Would Allow Signs, Flags In HOA-Controlled Neighborhoods
This is from Denver, CO. Seems the legislature there is following along behind Florida, Arizona, Nevada, and California.
A proposed state bill that could regulate what your homeowners' association can tell you to do will be considered by state legislators this session. Lawmakers behind the bill say they really want a balance between the HOA and homeowners.State Senator Bob Hagedorn - (D) Aurora came up with the bill to regulate the HOA and allow such things as flags, political signs and xeriscaping, if the homeowner wants them. "We have constitutional guarantees of freedom of expression," said Hagedorn. "We have a Supreme Sourt decision that says people have the right to put up a political yard sign (in their yard)."
[more]
This is from Denver, CO. Seems the legislature there is following along behind Florida, Arizona, Nevada, and California.
A proposed state bill that could regulate what your homeowners' association can tell you to do will be considered by state legislators this session. Lawmakers behind the bill say they really want a balance between the HOA and homeowners.State Senator Bob Hagedorn - (D) Aurora came up with the bill to regulate the HOA and allow such things as flags, political signs and xeriscaping, if the homeowner wants them. "We have constitutional guarantees of freedom of expression," said Hagedorn. "We have a Supreme Sourt decision that says people have the right to put up a political yard sign (in their yard)."
[more]
Thursday, January 20, 2005
Flying for Columbine? Michael Moore's Bodyguard Arrested on Airport Gun Charge
Filmmaker Michael Moore's (search) bodyguard was arrested for carrying an unlicensed weapon in New York's JFK airport Wednesday night...Moore's 2003 Oscar-winning film "Bowling for Columbine" criticizes what Moore calls America's "culture of fear" and its obsession with guns.
-------------------
I know this is off-topic, but the irony is just too rich for me to resist. Here is the leading proponent of the theory that middle America is irrationally obsessed with fear of crime and has a crazy desire to be armed. But he, himself, has an armed bodyguard.
Oh, well. Perhaps Moore is "different" than we mere mortals. Maybe he is a higher order of being, and thus not subject to the same moral laws. Or something.
------------------
UPDATE:
The company that (apparently) employs this bodyguard says he isn't "Michael Moore's bodyguard." I don't know what they mean, exactly--that he has never guarded Moore, or just that he was never directly employed by Moore? There have been other reports that Moore has armed bodyguards, and if those stories are true the issue remains the same--as far as Moore is concerned. I didn't include the bodyguard's name in my snip of the Fox News piece, and I don't see any reason to do so now. The issue is Moore's apparent hypocrisy (if these reports are true), not the fact that some fellow, who may or may not ever have guarded Moore, makes his living as a bodyguard and carries a gun. As far as I'm concerned, he's welcome to it, as long as he obeys the law.
Filmmaker Michael Moore's (search) bodyguard was arrested for carrying an unlicensed weapon in New York's JFK airport Wednesday night...Moore's 2003 Oscar-winning film "Bowling for Columbine" criticizes what Moore calls America's "culture of fear" and its obsession with guns.
-------------------
I know this is off-topic, but the irony is just too rich for me to resist. Here is the leading proponent of the theory that middle America is irrationally obsessed with fear of crime and has a crazy desire to be armed. But he, himself, has an armed bodyguard.
Oh, well. Perhaps Moore is "different" than we mere mortals. Maybe he is a higher order of being, and thus not subject to the same moral laws. Or something.
------------------
UPDATE:
The company that (apparently) employs this bodyguard says he isn't "Michael Moore's bodyguard." I don't know what they mean, exactly--that he has never guarded Moore, or just that he was never directly employed by Moore? There have been other reports that Moore has armed bodyguards, and if those stories are true the issue remains the same--as far as Moore is concerned. I didn't include the bodyguard's name in my snip of the Fox News piece, and I don't see any reason to do so now. The issue is Moore's apparent hypocrisy (if these reports are true), not the fact that some fellow, who may or may not ever have guarded Moore, makes his living as a bodyguard and carries a gun. As far as I'm concerned, he's welcome to it, as long as he obeys the law.
Tuesday, January 18, 2005
WSJ.com - The Housing Market's Dangers
Millions of Americans became stockholders in the late 1990s, just in time to experience the biggest bear market in a generation. Does the same fate await millions of first-time homeowners?
[more]
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Well...I sure hope not.
Millions of Americans became stockholders in the late 1990s, just in time to experience the biggest bear market in a generation. Does the same fate await millions of first-time homeowners?
[more]
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Well...I sure hope not.
HOAs, legislators battle to a draw
Ladies and gentlemen of Gilbert, attendees of the Ninth annual Congress of Neighborhoods Community Expo, come one and all, to a Saturday morning battle royal.
In this corner, we have Rep. Eddie Farnsworth, who says homeowners associations have too much power, a defender of little old ladies getting kicked out of their houses by the big, bad HOAs when they don't pay their fines for leaving the garbage can out.
In the other corner, we have the HOA board members and representatives from property management companies, tired of whiny residents who don't bother to read the rules or trim the hedges and still complain, fed up with hearing how HOAs are evil.
[more]
Ladies and gentlemen of Gilbert, attendees of the Ninth annual Congress of Neighborhoods Community Expo, come one and all, to a Saturday morning battle royal.
In this corner, we have Rep. Eddie Farnsworth, who says homeowners associations have too much power, a defender of little old ladies getting kicked out of their houses by the big, bad HOAs when they don't pay their fines for leaving the garbage can out.
In the other corner, we have the HOA board members and representatives from property management companies, tired of whiny residents who don't bother to read the rules or trim the hedges and still complain, fed up with hearing how HOAs are evil.
[more]
Monday, January 17, 2005
Rocky Mountain News: 'A happy balance' sought for HOAs
Bill would address strict rules, liens, insurance concerns
Fred Pilot send this link--as he puts it, "Looks like a reformist brushfire breaking out in Colorado, too."
No American flags. No Xeriscaping. And definitely no political yard signs until right before the election. Welcome to life under some homeowners associations.But take note: Two Aurora Democrats are scheduled to introduce legislation early this week that would lift restrictions, including on landscaping and displays. The bill, by Sen. Bob Hagedorn and newcomer Rep. Morgan Carroll, also addresses association liens, board meetings and insurance issues.
[more]
Bill would address strict rules, liens, insurance concerns
Fred Pilot send this link--as he puts it, "Looks like a reformist brushfire breaking out in Colorado, too."
No American flags. No Xeriscaping. And definitely no political yard signs until right before the election. Welcome to life under some homeowners associations.But take note: Two Aurora Democrats are scheduled to introduce legislation early this week that would lift restrictions, including on landscaping and displays. The bill, by Sen. Bob Hagedorn and newcomer Rep. Morgan Carroll, also addresses association liens, board meetings and insurance issues.
[more]
Real Estate News - Reminders of racism, old covenants linger on records - sacbee.com
Gregg Fishman and his wife moved into Sacramento's upscale Arden Park neighborhood in 2001, enchanted by the shady Modesto ash, lush parks, large lots and friendly atmosphere. They didn't realize that along with their 1950s-era California ranch-style home they were buying a piece of America's racist past.Tucked into their property records, in tiny type, is the "Racial Occupancy" clause:
"No persons of any race other than White Caucasian race shall use or occupy any building or any lot except ... by domestic servants of a different race domiciled with an owner or tenant ..." The language is contained in the "covenants, conditions and restrictions" originally developed for the neighborhood, and is similar to restrictions imposed on millions of homes nationwide, dating back to the 1700s, when property first was recorded by cities and counties.
[more]
-------------------
These covenants have been unenforceable since 1948, after the USSC decision in Shelley v. Kraemer, but they still exist in older properties.
Gregg Fishman and his wife moved into Sacramento's upscale Arden Park neighborhood in 2001, enchanted by the shady Modesto ash, lush parks, large lots and friendly atmosphere. They didn't realize that along with their 1950s-era California ranch-style home they were buying a piece of America's racist past.Tucked into their property records, in tiny type, is the "Racial Occupancy" clause:
"No persons of any race other than White Caucasian race shall use or occupy any building or any lot except ... by domestic servants of a different race domiciled with an owner or tenant ..." The language is contained in the "covenants, conditions and restrictions" originally developed for the neighborhood, and is similar to restrictions imposed on millions of homes nationwide, dating back to the 1700s, when property first was recorded by cities and counties.
[more]
-------------------
These covenants have been unenforceable since 1948, after the USSC decision in Shelley v. Kraemer, but they still exist in older properties.
Friday, January 14, 2005
CAI weighs in on proposed HUD rule requiring HOA and condo assessments to be escrowed like property taxes
Here is their press release. All the bold text is my emphasis:
FOR IMMEDIATE RELEASE
CAI Gives Qualified Support for Escrowing Association Assessments
ALEXANDRIA, VA, JAN. 14, 2005 – Community Associations Institute (CAI) has told the U.S Department of Housing and Urban Development (HUD) that it supports the concept of a proposal that would require lenders of Federal Housing Administration-insured mortgage loans to escrow community association assessments.CAI provided written comments January 10 on a proposed rule developed by HUD in response to concerns that assessment liens often have priority over FHA-backed mortgages. HUD said its proposal was developed out of a desire "to protect the viability" of homeowner and condominium associations by providing a method giving greater assurance of associations being able to collect their assessments.Although CAI supports the concept of escrowing assessments, the Institute says there are practical issues that need to be resolved before the escrow provision is adopted. These issues include the schedule by which escrowed payments would be made to associations; how special assessments should be processed; administrative costs to associations, and a variety of logistical and administrative challenges.CAI is urging the agency to participate in a stakeholder group that can investigate these issues and develop potential solutions. CAI says the ultimate goal of such a consensus committee would be to draft a proposed rule that addresses these major concerns.CAI stressed that community associations should retain the ability to collect assessments directly from homeowners and use all available remedies, including the last resort of foreclosure, to collect overdue assessments. CAI also pointed out that the proposed rule should require full payment of assessments from escrow at the time the association begins a new year, regardless of whether an association operates on a fiscal or calendar year."This is a critical issue for association-governed communities," says Molly Foley-Healy, CAI’s senior vice president and general counsel. "Assessments are the lifeblood of community associations, the resources that enable associations to meet the established expectations of homeowners. We stand ready to work with HUD to do whatever is necessary to ensure that these substantive issues are resolved."Foley-Healy added that CAI will support a rule only if it does not usurp the legal responsibility of homeowners to pay association assessments.CAI also told HUD that the proposed rule needs to exclude escrowing special assessments, which are fees occasionally levied by associations to pay for large projects such as street paving, major building repairs and disaster-recovery.CAI’s comment letter to HUD can be accessed at www.caionline.org/govt/regulatory/index.cfm.The public comment period on the proposed rule closed January 10. HUD is reviewing the responses to the proposed rule.CAI is the only national membership organization dedicated to fostering vibrant, responsive, competent community associations. The national organization and its 50-plus chapters represent managers, community association volunteer leaders (homeowners), management companies and the professionals who provide products and services to planned communities.For members and general inquiries, contact the CAI Direct customer service team:Community Associations Institute225 Reinekers Lane, Suite 300Alexandria, VA 22314Phone: 703-548-8600Fax: 703-684-1581Email: CAIdirect@caionline.orgMEDIA CONTACT: Frank RathbunPhone: 703-548-8600, ext. 261Fax: 703-684-1581Email: FRathbun@caionline.org
Here is their press release. All the bold text is my emphasis:
FOR IMMEDIATE RELEASE
CAI Gives Qualified Support for Escrowing Association Assessments
ALEXANDRIA, VA, JAN. 14, 2005 – Community Associations Institute (CAI) has told the U.S Department of Housing and Urban Development (HUD) that it supports the concept of a proposal that would require lenders of Federal Housing Administration-insured mortgage loans to escrow community association assessments.CAI provided written comments January 10 on a proposed rule developed by HUD in response to concerns that assessment liens often have priority over FHA-backed mortgages. HUD said its proposal was developed out of a desire "to protect the viability" of homeowner and condominium associations by providing a method giving greater assurance of associations being able to collect their assessments.Although CAI supports the concept of escrowing assessments, the Institute says there are practical issues that need to be resolved before the escrow provision is adopted. These issues include the schedule by which escrowed payments would be made to associations; how special assessments should be processed; administrative costs to associations, and a variety of logistical and administrative challenges.CAI is urging the agency to participate in a stakeholder group that can investigate these issues and develop potential solutions. CAI says the ultimate goal of such a consensus committee would be to draft a proposed rule that addresses these major concerns.CAI stressed that community associations should retain the ability to collect assessments directly from homeowners and use all available remedies, including the last resort of foreclosure, to collect overdue assessments. CAI also pointed out that the proposed rule should require full payment of assessments from escrow at the time the association begins a new year, regardless of whether an association operates on a fiscal or calendar year."This is a critical issue for association-governed communities," says Molly Foley-Healy, CAI’s senior vice president and general counsel. "Assessments are the lifeblood of community associations, the resources that enable associations to meet the established expectations of homeowners. We stand ready to work with HUD to do whatever is necessary to ensure that these substantive issues are resolved."Foley-Healy added that CAI will support a rule only if it does not usurp the legal responsibility of homeowners to pay association assessments.CAI also told HUD that the proposed rule needs to exclude escrowing special assessments, which are fees occasionally levied by associations to pay for large projects such as street paving, major building repairs and disaster-recovery.CAI’s comment letter to HUD can be accessed at www.caionline.org/govt/regulatory/index.cfm.The public comment period on the proposed rule closed January 10. HUD is reviewing the responses to the proposed rule.CAI is the only national membership organization dedicated to fostering vibrant, responsive, competent community associations. The national organization and its 50-plus chapters represent managers, community association volunteer leaders (homeowners), management companies and the professionals who provide products and services to planned communities.For members and general inquiries, contact the CAI Direct customer service team:Community Associations Institute225 Reinekers Lane, Suite 300Alexandria, VA 22314Phone: 703-548-8600Fax: 703-684-1581Email: CAIdirect@caionline.orgMEDIA CONTACT: Frank RathbunPhone: 703-548-8600, ext. 261Fax: 703-684-1581Email: FRathbun@caionline.org
LOP approves entrance sign for soldier
Fred Pilot sent this along--a followup to a story I posted below. This is more like it. Too bad it took a rap on the beezer to get their attention.
And once again, another great big
WELCOME HOME!
from The Privatopia Papers, too.
Fred Pilot sent this along--a followup to a story I posted below. This is more like it. Too bad it took a rap on the beezer to get their attention.
And once again, another great big
WELCOME HOME!
from The Privatopia Papers, too.
Wednesday, January 12, 2005
ScrappleFace: CBS News Switches to Reality Gameshow Format
(2005-01-11) -- When life hands you a lemon, the old saying goes, make lemonade. CBS News President Andrew Heyward is doing just that, announcing today that the CBS Evening News with Dan Rather will be re-launched on March 10 as Myopic Zeal: The CBS Evening News Gameshow.
[more]
(2005-01-11) -- When life hands you a lemon, the old saying goes, make lemonade. CBS News President Andrew Heyward is doing just that, announcing today that the CBS Evening News with Dan Rather will be re-launched on March 10 as Myopic Zeal: The CBS Evening News Gameshow.
[more]
Lake of the Pines man wants to welcome son home from Iraq with banner at main entrance:Homeowners association says it is against bylaws
A Lake of the Pines soldier may not get the hero's welcome his father envisioned.
Gary Stokes, 49, of Lake of the Pines, was told Monday that posting a "welcome home" banner at the gated community's main entrance would violate homeowners association rules.
"I was just so blown away," Stokes said Tuesday. "I'm still amazed."
U.S. Marines Pvt. Sean Stokes, a recipient of three purple hearts for injuries sustained in battle, is expected to return to his hometown Feb. 4. A grenade exploded three feet from him and a friend standing next to him was shot in the head, his father said.
[more]
---------------------
WELCOME HOME, HERO!!!
A Lake of the Pines soldier may not get the hero's welcome his father envisioned.
Gary Stokes, 49, of Lake of the Pines, was told Monday that posting a "welcome home" banner at the gated community's main entrance would violate homeowners association rules.
"I was just so blown away," Stokes said Tuesday. "I'm still amazed."
U.S. Marines Pvt. Sean Stokes, a recipient of three purple hearts for injuries sustained in battle, is expected to return to his hometown Feb. 4. A grenade exploded three feet from him and a friend standing next to him was shot in the head, his father said.
[more]
---------------------
WELCOME HOME, HERO!!!
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