Subdivisions Impose Social Divide:
Here's a Washington Post article that finds room for a comment from me:
"It is the sort of strange effect that Evan McKenzie, author of the book 'Privatopia,' thinks county and other governments are only beginning to grapple with. The very concept of local citizenship is changing, he argues, as people are identifying less with such public entities as counties and more with their private developments and homeowner associations, which largely have assumed the role of governments. 'I think we're at a brave-new-world moment here,' McKenzie said. 'I think we're going through a major revolution in urban governance, and we won't fully understand the consequences of this for 50 years.'"
Sunday, May 01, 2005
HoustonChronicle.com - Bills aim to ease problems facing neighborhoods
A bill sponsored by Sen. Mario Gallegos, D-Houston, regulating the proliferation of neighborhood bars, passed the Senate on Friday...The legislation, prompted by publicized cases in which homeowners were threatened with loss of their houses because they didn't pay association fees, would curb associations' use of foreclosure sales to collect fees.Bailey's bill, which passed out of committee Thursday, would require homeowners associations to give clear notice to homeowners that delinquent fees could result in foreclosures, prevent the associations from foreclosing on a home without a proper hearing, require that a judge approve foreclosures and allow homeowners up to two years to redeem homes after foreclosure. Lindsay introduced a similar bill on Friday."A home is the largest and most expensive possession most citizens will ever own in their lives," he said. "For a nongovernmental entity to foreclose and sell a home without the benefit of an impartial court considering both sides of the issue is contrary to everything most Texans and Americans hold as reasonable and fair."
A bill sponsored by Sen. Mario Gallegos, D-Houston, regulating the proliferation of neighborhood bars, passed the Senate on Friday...The legislation, prompted by publicized cases in which homeowners were threatened with loss of their houses because they didn't pay association fees, would curb associations' use of foreclosure sales to collect fees.Bailey's bill, which passed out of committee Thursday, would require homeowners associations to give clear notice to homeowners that delinquent fees could result in foreclosures, prevent the associations from foreclosing on a home without a proper hearing, require that a judge approve foreclosures and allow homeowners up to two years to redeem homes after foreclosure. Lindsay introduced a similar bill on Friday."A home is the largest and most expensive possession most citizens will ever own in their lives," he said. "For a nongovernmental entity to foreclose and sell a home without the benefit of an impartial court considering both sides of the issue is contrary to everything most Texans and Americans hold as reasonable and fair."
Los Angeles Times: OK for Oxnard High-Rises a Tall Order
Fred Pilot claims this is a real news story and not the first page of a script treatment for a disaster movie. A 48 story condo building in Southern California? Can you spell S-A-N-A-N-D-R-E-A-S-F-A-U-L-T, boys and girls?
If San Diego high-rise developer Doug Austin has his way, three condominium towers up to 500 feet tall will form a new urban skyline above the agricultural Oxnard Plain in the next few years. Austin's plan calls for more than 1,000 condominiums in three slender towers — two of 31 stories and one of 48 — nearly twice as high as Ventura County's tallest building, which is itself an aberration in low-rise suburbia. "Frank Lloyd Wright had a concept of a mile-high city as a way to save the plains and open space," said Austin, who is also an architect. "And if you're looking out into Oxnard's future, and you are truly interested in saving the farmland, this is an alternative. The growth has to spread somewhere."
Fred Pilot claims this is a real news story and not the first page of a script treatment for a disaster movie. A 48 story condo building in Southern California? Can you spell S-A-N-A-N-D-R-E-A-S-F-A-U-L-T, boys and girls?
If San Diego high-rise developer Doug Austin has his way, three condominium towers up to 500 feet tall will form a new urban skyline above the agricultural Oxnard Plain in the next few years. Austin's plan calls for more than 1,000 condominiums in three slender towers — two of 31 stories and one of 48 — nearly twice as high as Ventura County's tallest building, which is itself an aberration in low-rise suburbia. "Frank Lloyd Wright had a concept of a mile-high city as a way to save the plains and open space," said Austin, who is also an architect. "And if you're looking out into Oxnard's future, and you are truly interested in saving the farmland, this is an alternative. The growth has to spread somewhere."
thedesertsun.com--HOA bills in trouble?
You have to scroll down to find this, and I don't know if it is on the money or not:
HOA mediation bills run out of gas
At times, homeowners associations and residents are at odds with one another. Some of these disputes escalate into crisis mode, erupting into mini-battles behind what should be the gates of tranquility.
Two bills are now circulating in the Legislature to create the first ever state ombudsperson office that would provide mediation for problems, training for board members and information for HOA residents.Great idea. Unfortunately, the bills have already hit a snag. Californians living in HOAs are going to have to wait at least another year - or maybe two - for any possible state help with problems. At issue is the proposed $5 fee on homeowners to support the office and the lack of enforcement powers.OK, so address the issues and move forward with a modified plan - or shore up what you have. Don't let HOAs and residents flounder in a sea of disputes. They need help.
You have to scroll down to find this, and I don't know if it is on the money or not:
HOA mediation bills run out of gas
At times, homeowners associations and residents are at odds with one another. Some of these disputes escalate into crisis mode, erupting into mini-battles behind what should be the gates of tranquility.
Two bills are now circulating in the Legislature to create the first ever state ombudsperson office that would provide mediation for problems, training for board members and information for HOA residents.Great idea. Unfortunately, the bills have already hit a snag. Californians living in HOAs are going to have to wait at least another year - or maybe two - for any possible state help with problems. At issue is the proposed $5 fee on homeowners to support the office and the lack of enforcement powers.OK, so address the issues and move forward with a modified plan - or shore up what you have. Don't let HOAs and residents flounder in a sea of disputes. They need help.
STARTING FROM SCRATCH / The dirt around new homes provides an inviting blank canvas
Here's a story Fred Pilot found on restrictions in suburbia.
Here's a story Fred Pilot found on restrictions in suburbia.
courant.com | Realities Behind The Gates: Enclosed Communities A Potent Symbol, But May Be Losing Favor
Good article by Carly Berwick of the Hartford Courant--has quotes from me and Setha Low, author of "Behind the Gates."
Good article by Carly Berwick of the Hartford Courant--has quotes from me and Setha Low, author of "Behind the Gates."
Saturday, April 30, 2005
Legal Tales from Gilligan's Island
This is a law review article. One of the few worth reading. Santa Clara Law Review Volume 39, Number 1 (1998).
Gilligan's Island, a 1960s comedy, ranks among the most influential television shows of all time. Despite the fact that the last original episode aired thirty years ago, the show is more popular now than when it first appeared. Each day, reruns bring the characters back to life, and it is claimed that the show has been presented more often than any other television comedy.
Although the series has been the subject of numerous studies, its legal facets are almost never mentioned. As a result, even the show's most ardent fans are rarely mindful of just how much law appeared in the series. Accordingly, this essay seeks to shed some light on the jurisprudence of Gilligan's Island.
This is a law review article. One of the few worth reading. Santa Clara Law Review Volume 39, Number 1 (1998).
Gilligan's Island, a 1960s comedy, ranks among the most influential television shows of all time. Despite the fact that the last original episode aired thirty years ago, the show is more popular now than when it first appeared. Each day, reruns bring the characters back to life, and it is claimed that the show has been presented more often than any other television comedy.
Although the series has been the subject of numerous studies, its legal facets are almost never mentioned. As a result, even the show's most ardent fans are rarely mindful of just how much law appeared in the series. Accordingly, this essay seeks to shed some light on the jurisprudence of Gilligan's Island.
NJ HOA limits flag display despite protective statute, says homeowner
From a reader who wishes to remain anonymous out of concern over retribution. Any New Jersey attorney who would like to help this individual vindicate his/her rights can contact me and I'll facilitate putting you together. For example, a New Jersey CAI attorney who believes in the rule of law and would like to demonstrate that CAI cares about owners, not just boards of directors, might want to do this pro bono.
My Homeowners Association limits public display of the
American flag, despite a NJ law prohibiting such limitation
(45NJSA:22A-48.1). The HOA also acts as judge and jury for anyone who complains that their actions are unfair. There is apparently no legal recourse against a
Homeowners Association in NJ or any state, as these little fiefdoms
have been established as private governments who answer to nobody
but themselves.
Name Withheld
New Jersey
From a reader who wishes to remain anonymous out of concern over retribution. Any New Jersey attorney who would like to help this individual vindicate his/her rights can contact me and I'll facilitate putting you together. For example, a New Jersey CAI attorney who believes in the rule of law and would like to demonstrate that CAI cares about owners, not just boards of directors, might want to do this pro bono.
My Homeowners Association limits public display of the
American flag, despite a NJ law prohibiting such limitation
(45NJSA:22A-48.1). The HOA also acts as judge and jury for anyone who complains that their actions are unfair. There is apparently no legal recourse against a
Homeowners Association in NJ or any state, as these little fiefdoms
have been established as private governments who answer to nobody
but themselves.
Name Withheld
New Jersey
Milwaukee Journal Sentinel Online: Their own set of rules: Cheesehead state wants condo buyers to know what they're getting into
Today, Wisconsin begins an effort to reduce squabbles by requiring condominium associations to provide potential buyers with an "executive summary" of governing principles before a contract is signed. It's the seller's responsibility to get the summary to potential buyers.
Today, Wisconsin begins an effort to reduce squabbles by requiring condominium associations to provide potential buyers with an "executive summary" of governing principles before a contract is signed. It's the seller's responsibility to get the summary to potential buyers.
You can't hide your lying eyes from devices: thermal imaging to detect lies?
This is kind of creepy.
This is kind of creepy.
Friday, April 29, 2005
More HOA reforms near OK--East Valley Tribune
"Your Valhalla Neighbors" kindly sent the link to the story on AZ HOA reforms that I noted earlier--thanks.
"Your Valhalla Neighbors" kindly sent the link to the story on AZ HOA reforms that I noted earlier--thanks.
Boing Boing: Designer prefab houses coming to Germany
Mystery Reader sent this link to a Boing Boing story on a type of house that I hope stays wherever it is at the moment. Take a look at the picture.
Mystery Reader sent this link to a Boing Boing story on a type of house that I hope stays wherever it is at the moment. Take a look at the picture.
WSOCTV.com - Action 9 - Action 9: Woman Paid HOA Dues, But They Still Wanted Legal Fees
Yet another story of a homeowner treated like so much garbage by her HOA and the HOA's attorney. According to the story (I have no independent knowledge of what happened), this owner wasn't delinquent and had the receipts to prove it, but the association's lawyer threatened to foreclose if the owner didn't pay the lawyer's fees for the bogus collection effort. Enter the TV station:
CHARLOTTE, N.C. -- Betty Belk said she paid her homeowner's dues on time, but through a clerical mistake, the homeowner's association still wanted to collect on legal fees...Attorneys do have the right to recover fees incurred in the collection of delinquent homeowners dues. But if Belk's dues were never late, then how could the attorney, in this case Victoria Sprouse, still collect her fees? "I said, 'I don't think that's right.' She said, 'You got to pay that or I'll foreclose on your house,'" said Belk. "That's when I got in touch with you." Action 9 contacted attorney Victoria Sprouse. She promised she would talk about what happened but never did.The homeowner's association's management company, Carolina Management Association also wouldn't talk to Action 9. Pat Patterson of Carolina Management told Belk she didn't have to pay the attorney fees.
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According to the community association industry, things like this never happen. Sure--maybe there's another side to this. With the association's attorney not speaking to the press I don't know. But when will the Community Associations Institute take a meaningful stand against apparent collections and foreclosure abuse by associations and their attorneys? All I hear are platitudes about how foreclosure should be a last resort and denials that there is a problem. Every case is an "isolated instance." How about some action, such a as a CAI attorney providing pro bono legal assistance to people like Betty Belk so the case can be fully and fairly presented on both sides? Owners can't even get representation because (a) they can't afford it, and (b) even if they could nearly all HOA specialists only represent associations. CAI could remedy this, and they should. And if they don't, legislatures will do something about it, and I think HOA lawyers won't like the outcome of that process.
Yet another story of a homeowner treated like so much garbage by her HOA and the HOA's attorney. According to the story (I have no independent knowledge of what happened), this owner wasn't delinquent and had the receipts to prove it, but the association's lawyer threatened to foreclose if the owner didn't pay the lawyer's fees for the bogus collection effort. Enter the TV station:
CHARLOTTE, N.C. -- Betty Belk said she paid her homeowner's dues on time, but through a clerical mistake, the homeowner's association still wanted to collect on legal fees...Attorneys do have the right to recover fees incurred in the collection of delinquent homeowners dues. But if Belk's dues were never late, then how could the attorney, in this case Victoria Sprouse, still collect her fees? "I said, 'I don't think that's right.' She said, 'You got to pay that or I'll foreclose on your house,'" said Belk. "That's when I got in touch with you." Action 9 contacted attorney Victoria Sprouse. She promised she would talk about what happened but never did.The homeowner's association's management company, Carolina Management Association also wouldn't talk to Action 9. Pat Patterson of Carolina Management told Belk she didn't have to pay the attorney fees.
---------------------
According to the community association industry, things like this never happen. Sure--maybe there's another side to this. With the association's attorney not speaking to the press I don't know. But when will the Community Associations Institute take a meaningful stand against apparent collections and foreclosure abuse by associations and their attorneys? All I hear are platitudes about how foreclosure should be a last resort and denials that there is a problem. Every case is an "isolated instance." How about some action, such a as a CAI attorney providing pro bono legal assistance to people like Betty Belk so the case can be fully and fairly presented on both sides? Owners can't even get representation because (a) they can't afford it, and (b) even if they could nearly all HOA specialists only represent associations. CAI could remedy this, and they should. And if they don't, legislatures will do something about it, and I think HOA lawyers won't like the outcome of that process.
Illinois Supreme Court decision allows non-lawyers to handle real estate transactions
There is a major battle underway between the organized bar and mortgage companies over having the lender's non-lawyer employees handle parts of real estate sales transactions. Here in this case the Illinois Supreme Court hands a big loss to the lawyers, despite numerous amicus briefs:
The parties have identified several issues for our review: (1) whether a mortgage lender that uses nonlawyers to prepare loan documents for the lender's loans engages in the unauthorized practice of law when the lender charges the borrower a fee for preparation of the documents; (2) whether a private right of action to recover money damages exists under the Attorney Act (705 ILCS 205/0.01 et seq. (West 2002)); (3) whether plaintiffs' complaints stated a cause of action under the Consumer Fraud Act; (4) whether a private right of action for money had and received due to fees charged in this case exists and whether the voluntary payment doctrine bars plaintiffs from seeking restitution; and (5) whether federal law preempts plaintiffs' state law claims against defendant national bank and federal savings associations.
------------
In summary, we hold that where the defendant lenders prepared the subject loan documents, through their employees, they did not engage in the unauthorized practice of law by charging a fee. We also hold that no private right of action exists under the Attorney Act for damages for the unauthorized practice of law. We further hold that plaintiffs' restitution claims in the Jackson and Porter cases are barred by the voluntary payment doctrine. Accordingly, for the reasons stated, we affirm the judgments of the appellate court.
----------------------
Why is this significant, apart from the continued threat to the income of attorneys? Because of the rise of common interest housing and the inclusion in housing sales of a package of privatized services, responsibilities, and restrictions--all of which need to be fully understood by the buyer, which requires a lawyer to explain them. I think buyers need to be fully informed of how CC&Rs and an HOA or condo association will affect their expectations of home ownership. I'd like to see more lawyer involvement in explaining these documents, not less. These non-lawyer employees are not qualified, or allowed, to interpret or explain things. Having mortgage company employees doing what lawyers would otherwise do just increases the pressure to get the whole transaction over with as speedily as possible without bothering to secure full understanding by the buyer of what he or she is getting into.
There is a major battle underway between the organized bar and mortgage companies over having the lender's non-lawyer employees handle parts of real estate sales transactions. Here in this case the Illinois Supreme Court hands a big loss to the lawyers, despite numerous amicus briefs:
The parties have identified several issues for our review: (1) whether a mortgage lender that uses nonlawyers to prepare loan documents for the lender's loans engages in the unauthorized practice of law when the lender charges the borrower a fee for preparation of the documents; (2) whether a private right of action to recover money damages exists under the Attorney Act (705 ILCS 205/0.01 et seq. (West 2002)); (3) whether plaintiffs' complaints stated a cause of action under the Consumer Fraud Act; (4) whether a private right of action for money had and received due to fees charged in this case exists and whether the voluntary payment doctrine bars plaintiffs from seeking restitution; and (5) whether federal law preempts plaintiffs' state law claims against defendant national bank and federal savings associations.
------------
In summary, we hold that where the defendant lenders prepared the subject loan documents, through their employees, they did not engage in the unauthorized practice of law by charging a fee. We also hold that no private right of action exists under the Attorney Act for damages for the unauthorized practice of law. We further hold that plaintiffs' restitution claims in the Jackson and Porter cases are barred by the voluntary payment doctrine. Accordingly, for the reasons stated, we affirm the judgments of the appellate court.
----------------------
Why is this significant, apart from the continued threat to the income of attorneys? Because of the rise of common interest housing and the inclusion in housing sales of a package of privatized services, responsibilities, and restrictions--all of which need to be fully understood by the buyer, which requires a lawyer to explain them. I think buyers need to be fully informed of how CC&Rs and an HOA or condo association will affect their expectations of home ownership. I'd like to see more lawyer involvement in explaining these documents, not less. These non-lawyer employees are not qualified, or allowed, to interpret or explain things. Having mortgage company employees doing what lawyers would otherwise do just increases the pressure to get the whole transaction over with as speedily as possible without bothering to secure full understanding by the buyer of what he or she is getting into.
Thursday, April 28, 2005
HoustonChronicle.com - Homeowners association sells woman's house
But all the CAI lawyers say this never happens...I guess somebody isn't telling truth. Who do you suppose it could be?
Pamela Bernhardt was close to completing renovations on a house she owned and hoped to sell. She had installed a new roof, new granite tops in the kitchen and new tiles in the bathrooEarlier this month, she arrived at the house on the 14200 block of Swallowfield in southwest Houston and found a small, yellow note stuck to the front door. The handwritten note said that the house had been sold at a foreclosure sale seven months earlier. The local homeowners association had sold the house, valued at about $250,000, saying Bernhardt failed to pay a $420 assessment fee.
m.
But all the CAI lawyers say this never happens...I guess somebody isn't telling truth. Who do you suppose it could be?
Pamela Bernhardt was close to completing renovations on a house she owned and hoped to sell. She had installed a new roof, new granite tops in the kitchen and new tiles in the bathrooEarlier this month, she arrived at the house on the 14200 block of Swallowfield in southwest Houston and found a small, yellow note stuck to the front door. The handwritten note said that the house had been sold at a foreclosure sale seven months earlier. The local homeowners association had sold the house, valued at about $250,000, saying Bernhardt failed to pay a $420 assessment fee.
m.
Home's green roof has a slant to it
Ah, the pleasures of fee simple ownership. Try doing this in your HOA:
Green roofs are sprouting up all over, but most of them are on flat surfaces and can't be seen from street level. But Lois Vitt Sale -- always one to shout worthy ideas from rooftops -- wanted her elevated garden to be visible. So she planted it on the peaked roof of the garage of her Downers Grove home.
Ah, the pleasures of fee simple ownership. Try doing this in your HOA:
Green roofs are sprouting up all over, but most of them are on flat surfaces and can't be seen from street level. But Lois Vitt Sale -- always one to shout worthy ideas from rooftops -- wanted her elevated garden to be visible. So she planted it on the peaked roof of the garage of her Downers Grove home.
Chicago Tribune | Police chief of Berwyn is indicted
Think HOA elections get contentious? Check out this story of election related violence in the Chicago suburbs, written by my friend and former editor, the inimitable Brett McNeil.
Berwyn Public Safety Director Frank Marzullo and four other men--including Marzullo's son, who is an assistant Cook County state's attorney--were indicted by a Cook County grand jury Wednesday on charges they beat a man April 5 outside a Forest Park steakhouse, authorities said.
Think HOA elections get contentious? Check out this story of election related violence in the Chicago suburbs, written by my friend and former editor, the inimitable Brett McNeil.
Berwyn Public Safety Director Frank Marzullo and four other men--including Marzullo's son, who is an assistant Cook County state's attorney--were indicted by a Cook County grand jury Wednesday on charges they beat a man April 5 outside a Forest Park steakhouse, authorities said.
Chicago Tribune | Poor seniors take on plans of condo giant
Mystery Reader sends along this link to an unusual twist on the familiar situation of tenant displacement due to condo conversion:
Dozens of immigrants from the former Soviet Union are getting a first-hand lesson in capitalism and market value as one of the biggest players in the Chicago real estate market gets a crash course in dealing with people who need government aid to find a place to live. More than two dozen elderly residents of Ontario Place, mostly Russians who immigrated to the U.S. a quarter century ago and have lived at the prime address since with the help of housing vouchers, picketed the building Tuesday to protest a deal that could send them packing. "This is our home," Leona Gaysinsky, a resident, said. "We know no other place. This is our community."Ontario Place, like many other downtown buildings, is going condo. American Invsco, the new owner of Ontario Place at 10 E. Ontario St., says it has done everything it can to help the residents find new housing nearby, but it now fights accusations by senior-rights groups that it is a Goliath throwing the elderly out into the street.
Mystery Reader sends along this link to an unusual twist on the familiar situation of tenant displacement due to condo conversion:
Dozens of immigrants from the former Soviet Union are getting a first-hand lesson in capitalism and market value as one of the biggest players in the Chicago real estate market gets a crash course in dealing with people who need government aid to find a place to live. More than two dozen elderly residents of Ontario Place, mostly Russians who immigrated to the U.S. a quarter century ago and have lived at the prime address since with the help of housing vouchers, picketed the building Tuesday to protest a deal that could send them packing. "This is our home," Leona Gaysinsky, a resident, said. "We know no other place. This is our community."Ontario Place, like many other downtown buildings, is going condo. American Invsco, the new owner of Ontario Place at 10 E. Ontario St., says it has done everything it can to help the residents find new housing nearby, but it now fights accusations by senior-rights groups that it is a Goliath throwing the elderly out into the street.
Wednesday, April 27, 2005
Philippine News Online: Condo sales lead property boom
MANILA – Filipinos are making the switch, with growing numbers of urbanites now preferring to live in residential buildings instead of single detached units. This, according to the chairman of one of the biggest property developers in the country.
MANILA – Filipinos are making the switch, with growing numbers of urbanites now preferring to live in residential buildings instead of single detached units. This, according to the chairman of one of the biggest property developers in the country.
Los Angeles Daily News:Condo market surges--
High demand, prices fuel construction, conversions
In the San Fernando Valley during March the median price of a condo soared an annual 19 percent, to a record $352,000, but sales rose 32.2 percent, to 493 transactions, the third-highest monthly total ever. By comparison, the median price of a single-family home hit a record $525,000.
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Every time I see these SoCal prices I have to look twice to make sure it says what I saw the first time. The median price of a CONDO is $352,000?? And sales are up by almost one-third? I would not want a variable rate mortgage on one of those. When the economy slows condos are the first properties to suffer, and if interest rates go significantly higher the combination of those two circumstances could spell trouble for a lot of people living in the Valley.
High demand, prices fuel construction, conversions
In the San Fernando Valley during March the median price of a condo soared an annual 19 percent, to a record $352,000, but sales rose 32.2 percent, to 493 transactions, the third-highest monthly total ever. By comparison, the median price of a single-family home hit a record $525,000.
--------------------
Every time I see these SoCal prices I have to look twice to make sure it says what I saw the first time. The median price of a CONDO is $352,000?? And sales are up by almost one-third? I would not want a variable rate mortgage on one of those. When the economy slows condos are the first properties to suffer, and if interest rates go significantly higher the combination of those two circumstances could spell trouble for a lot of people living in the Valley.
Tuesday, April 26, 2005
U.S. Prison Population Soars in 2003, '04 - Yahoo! News
Speaking of gated communities...
WASHINGTON - Growing at a rate of about 900 inmates each week between mid-2003 and mid-2004, the nation's prisons and jails held 2.1 million people, or one in every 138 U.S. residents, the government reported Sunday.
Speaking of gated communities...
WASHINGTON - Growing at a rate of about 900 inmates each week between mid-2003 and mid-2004, the nation's prisons and jails held 2.1 million people, or one in every 138 U.S. residents, the government reported Sunday.
Case No. 1-03-0378, Mikulecky v. Bart
Interesting opinion from the First District Appellate Court here in Illinois (that's the one that covers Cook County, including the city of Chicago). Issue: If a seller of a condo unit knows that the condo board is planning to approve a big capital expenditure, such as a major repair, that will require borrowing and levying a special assessment, but the BOD hasn't approved the plan as of the time of disclosure and even of the actual sale to the buyer, does the seller have to disclose that information to the buyer? Answer: You betcha; even though the expense wasn't approved, it was "anticipated."
Condos are creatures of statute. Section 22.1 of the Illinois Condominium Property Act says exactly what has to be disclosed, and it includes "anticipated" capital expenditures. Does "anticipated" mean "approved," as the seller argued? No, says the court. "Anticipated" has a commonly understood meaning. The fact that the seller knew about the planned expenditure through a letter from the BOD and also from going to a finance committee meeting was enough, and it should have been disclosed.
Interesting opinion from the First District Appellate Court here in Illinois (that's the one that covers Cook County, including the city of Chicago). Issue: If a seller of a condo unit knows that the condo board is planning to approve a big capital expenditure, such as a major repair, that will require borrowing and levying a special assessment, but the BOD hasn't approved the plan as of the time of disclosure and even of the actual sale to the buyer, does the seller have to disclose that information to the buyer? Answer: You betcha; even though the expense wasn't approved, it was "anticipated."
Condos are creatures of statute. Section 22.1 of the Illinois Condominium Property Act says exactly what has to be disclosed, and it includes "anticipated" capital expenditures. Does "anticipated" mean "approved," as the seller argued? No, says the court. "Anticipated" has a commonly understood meaning. The fact that the seller knew about the planned expenditure through a letter from the BOD and also from going to a finance committee meeting was enough, and it should have been disclosed.
My Way News:Herd of Buffalo Disrupt Traffic in Md.
PIKESVILLE, Md. (AP) - A herd of buffalo somehow got loose and wandered around an upscale neighborhood Tuesday, disrupting traffic and alarming homeowners before officers managed to corral them in a tennis court.
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Submitted for your consideration: Suburbia, once believed to have the best of urban and rural worlds, now officially has the worst of both worlds. Big city residents always gloat when there is an urban-type crime or other problem in a suburb. It is a schadenfreude carnival whenever there is a drive-by shooting in a suburb. "See?" they say, "Suburbanites can't escape bad schools/crime/fiscal collapse/traffic etc..." But now suburbia gets rural problems as well--a dad gum buffalo stampede. What's next? Potato blight? Boll weevils? Locusts?
PIKESVILLE, Md. (AP) - A herd of buffalo somehow got loose and wandered around an upscale neighborhood Tuesday, disrupting traffic and alarming homeowners before officers managed to corral them in a tennis court.
-----------------
Submitted for your consideration: Suburbia, once believed to have the best of urban and rural worlds, now officially has the worst of both worlds. Big city residents always gloat when there is an urban-type crime or other problem in a suburb. It is a schadenfreude carnival whenever there is a drive-by shooting in a suburb. "See?" they say, "Suburbanites can't escape bad schools/crime/fiscal collapse/traffic etc..." But now suburbia gets rural problems as well--a dad gum buffalo stampede. What's next? Potato blight? Boll weevils? Locusts?
Contrarians at the Gates Go to Some Heights to Make a Point
Fred Pilot forwarded this--you gotta love it...
Ten-foot-tall "viewing platforms" erected outside three gated communities are showcasing one Los Angeles group's social viewpoint. Guerrilla artists have erected gaudy, orange-painted towers next to the fences of private neighborhoods in Brentwood, the Fairfax district and Los Feliz to protest what they say is a proliferation of private, gate-guarded residential enclaves.
Fred Pilot forwarded this--you gotta love it...
Ten-foot-tall "viewing platforms" erected outside three gated communities are showcasing one Los Angeles group's social viewpoint. Guerrilla artists have erected gaudy, orange-painted towers next to the fences of private neighborhoods in Brentwood, the Fairfax district and Los Feliz to protest what they say is a proliferation of private, gate-guarded residential enclaves.
From the East Valley Tribune on-line edition
More HOA reforms near OK
By Le Templar, Tribune
The Arizona Legislature is close to adopting a new set of homeowners association reforms that would make it easier to remove board members, replace proxy voting with absentee ballots and tell potential home buyers in plain English about certain rights they give up when joining an association.
A series of proposals approved by the House of Representative has been combined into a single measure, HB2154, awaiting debate in the Senate. Key lawmakers say the bill likely will pass because of widespread support from reform advocates and the HOA industry, two sides that usually are at each other's political throats. "This one is a little staggering with the ease that it has passed," said Sen. Jim Waring, a Republican whose district includes western Scottsdale, Cave Creek and Carefree. "Frankly, you just dont see that on (HOA reform). It is always contentious." But there's still plenty of frustration out there. Many HOA reform advocates are angry that key lawmakers never allowed committee votes on more sweeping changes they claim would provide homeowners further protection from abuses of power by associations and their management companies.
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I don't have the URL for the whole article, but it seems that AZ is going to get another round of reform on top of the bills passed last year.
More HOA reforms near OK
By Le Templar, Tribune
The Arizona Legislature is close to adopting a new set of homeowners association reforms that would make it easier to remove board members, replace proxy voting with absentee ballots and tell potential home buyers in plain English about certain rights they give up when joining an association.
A series of proposals approved by the House of Representative has been combined into a single measure, HB2154, awaiting debate in the Senate. Key lawmakers say the bill likely will pass because of widespread support from reform advocates and the HOA industry, two sides that usually are at each other's political throats. "This one is a little staggering with the ease that it has passed," said Sen. Jim Waring, a Republican whose district includes western Scottsdale, Cave Creek and Carefree. "Frankly, you just dont see that on (HOA reform). It is always contentious." But there's still plenty of frustration out there. Many HOA reform advocates are angry that key lawmakers never allowed committee votes on more sweeping changes they claim would provide homeowners further protection from abuses of power by associations and their management companies.
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I don't have the URL for the whole article, but it seems that AZ is going to get another round of reform on top of the bills passed last year.
www.newszap.com: banning renters in AZ HOAs
Fred Pilot found this detailed account of HOA efforts to ban renters. This is all the rage in Illinois following an Illinois Supreme Court decision holding that this can be done by rule change, without even amending the declaration.
Fred Pilot found this detailed account of HOA efforts to ban renters. This is all the rage in Illinois following an Illinois Supreme Court decision holding that this can be done by rule change, without even amending the declaration.
Monday, April 25, 2005
Las Vegas SUN: Lawsuit alleges condo complex discriminated
This time the issue is alleged mental disabilities.
This time the issue is alleged mental disabilities.
Sunday, April 24, 2005
Homeowners test the power of their own association
Here is a detailed account of the Twin Rivers case, and thanks to Dianne McCarthy for forwarding it. The case was argued in the court of appeals just last Tuesday. This could be a blockbuster if we win (I served as expert witness for the plaintiffs, the Committee for a Better Twin Rivers, who are seeking to bring the HOA under certain limits of the New Jersey Constitution).
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The lawsuit filed by a handful of Twin Rivers residents seeks to subject community associations to one of the biggest checks on the power of municipalities: the risk that a court can declare its actions unconstitutional. It is the latest in a long line of cases to pit the rights of property owners against those of individuals. When fundamental rights are at stake -- particularly rights of free speech -- courts have required the property interests of company towns, farm owners, private universities and regional shopping malls to yield. So far, however, no court has protected homebuyers against restrictions imposed by associations. A major issue in the Twin Rivers case is whether homeowners voluntarily accepted restrictions by purchasing their homes. They are required to sign contracts agreeing to pay their association fees and abide by association rules.
Here is a detailed account of the Twin Rivers case, and thanks to Dianne McCarthy for forwarding it. The case was argued in the court of appeals just last Tuesday. This could be a blockbuster if we win (I served as expert witness for the plaintiffs, the Committee for a Better Twin Rivers, who are seeking to bring the HOA under certain limits of the New Jersey Constitution).
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The lawsuit filed by a handful of Twin Rivers residents seeks to subject community associations to one of the biggest checks on the power of municipalities: the risk that a court can declare its actions unconstitutional. It is the latest in a long line of cases to pit the rights of property owners against those of individuals. When fundamental rights are at stake -- particularly rights of free speech -- courts have required the property interests of company towns, farm owners, private universities and regional shopping malls to yield. So far, however, no court has protected homebuyers against restrictions imposed by associations. A major issue in the Twin Rivers case is whether homeowners voluntarily accepted restrictions by purchasing their homes. They are required to sign contracts agreeing to pay their association fees and abide by association rules.
...and see the comments on foreclosure from attorney David Kahne...
From the article linked below:
David Kahne, a Houston attorney who represents homeowners, has been at the forefront of a Harris County-based movement to curb overzealous homeowner associations. Some homeowners accused Houston law firms of operating foreclosure mills...Kahne helped pass legislation in 2001 that prevented associations from initiating a foreclosure solely on the basis of deed restriction fines and attorneys' fees. But some associations then paid disputed fines with funds intended for annual assessments. The remainder of the check would be short of the assessment amount, he said, and the association would use that as an excuse to initiate foreclosure. Sen. Jeff Wentworth, R-San Antonio, has introduced a bill that says payments shall first be applied to delinquent assessments, then current assessments. Only after assessments are paid can the association apply payment to fines. The attorney gets paid last. Kahne, who testified in favor of the bill before the Senate Intergovernmental Relations Committee, is optimistic it will pass. The bill came out of committee without amendments, has picked up four co-authors and has a companion bill in the House.
From the article linked below:
David Kahne, a Houston attorney who represents homeowners, has been at the forefront of a Harris County-based movement to curb overzealous homeowner associations. Some homeowners accused Houston law firms of operating foreclosure mills...Kahne helped pass legislation in 2001 that prevented associations from initiating a foreclosure solely on the basis of deed restriction fines and attorneys' fees. But some associations then paid disputed fines with funds intended for annual assessments. The remainder of the check would be short of the assessment amount, he said, and the association would use that as an excuse to initiate foreclosure. Sen. Jeff Wentworth, R-San Antonio, has introduced a bill that says payments shall first be applied to delinquent assessments, then current assessments. Only after assessments are paid can the association apply payment to fines. The attorney gets paid last. Kahne, who testified in favor of the bill before the Senate Intergovernmental Relations Committee, is optimistic it will pass. The bill came out of committee without amendments, has picked up four co-authors and has a companion bill in the House.
Texas lawyer specializes in HOA foreclosure
I notice that recently CAI attorneys have been busily denying that any of them get wealthy doing foreclosure actions over delinquent assessments. That's to offset the charge that the HOA foreclosure practices tend to benefit attorneys more than HOAs or owners. Well, here's an example of a foreclosure specialist who seems to be doing pretty nicely. It also refutes the charge that hardly any foreclosure actions lead to actual foreclosure:
When it comes to collecting delinquent property association fees from homeowners, Tom L. Newton Jr. handles far more accounts than anyone else in Bexar County. In 2004, his signature was on the notice of foreclosure in almost 90 percent of all cases. By his own declaration, Newton says, "I'm just the best at it." Dozens of homeowner associations call on Newton when their efforts to collect dues and fees are unsuccessful. If the accounts get delinquent enough, the association can actually foreclose on the house. Newton files hundreds of lawsuits each year for "debt and damages," or for "notice of foreclosure." Of the 370 notices of foreclosure filed in 2004, according to Real Estate Foreclosures Inc., 53 actually went forward to a county auction. In most cases, the houses became the property of the homeowner association.
I notice that recently CAI attorneys have been busily denying that any of them get wealthy doing foreclosure actions over delinquent assessments. That's to offset the charge that the HOA foreclosure practices tend to benefit attorneys more than HOAs or owners. Well, here's an example of a foreclosure specialist who seems to be doing pretty nicely. It also refutes the charge that hardly any foreclosure actions lead to actual foreclosure:
When it comes to collecting delinquent property association fees from homeowners, Tom L. Newton Jr. handles far more accounts than anyone else in Bexar County. In 2004, his signature was on the notice of foreclosure in almost 90 percent of all cases. By his own declaration, Newton says, "I'm just the best at it." Dozens of homeowner associations call on Newton when their efforts to collect dues and fees are unsuccessful. If the accounts get delinquent enough, the association can actually foreclose on the house. Newton files hundreds of lawsuits each year for "debt and damages," or for "notice of foreclosure." Of the 370 notices of foreclosure filed in 2004, according to Real Estate Foreclosures Inc., 53 actually went forward to a county auction. In most cases, the houses became the property of the homeowner association.
Walk your dog 3 times a day or be fined - Pets - MSNBC.com
Another HOA gone mad? No. This is the city of Turin, Italy. I think any government agency is capable of meddlesome lunacy unless some areas of life are put off limits. That's why the basic structure of American government works so well--all powers of government are subject to a set of "off limits" rules called civil liberties. HOAs--and Italian towns--would work better if they were limited in the same way.
Dog owners in Turin will be fined up to 500 euros ($650) if they don’t walk their pets at least three times a day, under a new law from the city’s council.People will also be banned from dyeing their pets’ fur or “any form of animal mutilation” for merely aesthetic motives such as docking dogs’ tails, under the law about to be passed in the northern Italian city. “In Turin it will be illegal to turn one’s dog into a ridiculous fluffy toy,” the city’s La Stampa daily reported.
Another HOA gone mad? No. This is the city of Turin, Italy. I think any government agency is capable of meddlesome lunacy unless some areas of life are put off limits. That's why the basic structure of American government works so well--all powers of government are subject to a set of "off limits" rules called civil liberties. HOAs--and Italian towns--would work better if they were limited in the same way.
Dog owners in Turin will be fined up to 500 euros ($650) if they don’t walk their pets at least three times a day, under a new law from the city’s council.People will also be banned from dyeing their pets’ fur or “any form of animal mutilation” for merely aesthetic motives such as docking dogs’ tails, under the law about to be passed in the northern Italian city. “In Turin it will be illegal to turn one’s dog into a ridiculous fluffy toy,” the city’s La Stampa daily reported.
Saturday, April 23, 2005
Housing's 800-Pound Gorilla: Homeowners associations are growing in numbers and power.
From Planning, the journal of the American Planning Association, a great article on HOAs with input from me, Bob Lang, Monica Caruso, Cliff Treese, Mike Schneider, and others.
From Planning, the journal of the American Planning Association, a great article on HOAs with input from me, Bob Lang, Monica Caruso, Cliff Treese, Mike Schneider, and others.
Friday, April 22, 2005
TheKCRAChannel.com - News - Birdbath Not Making Splash With Homeowners Association
When Allen Goldberg moved to Sun City Lincoln Hills from Santa Rosa, he brought with him his beloved birdbath. "I have had this birdbath approximately 22 years," Goldberg said. Goldberg promptly put it the birdbath in his front yard. That is when is problems started. He received a letter from his homeowners association that said the birdbath was the wrong color according to the covenants, conditions and regulations -- ironclad rules set by the homeowners associations.
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I didn't know there was a right color for a birdbath. Thank goodness we have self-appointed neighborhood mandarins of taste to clarify these matters for the rest of us.
When Allen Goldberg moved to Sun City Lincoln Hills from Santa Rosa, he brought with him his beloved birdbath. "I have had this birdbath approximately 22 years," Goldberg said. Goldberg promptly put it the birdbath in his front yard. That is when is problems started. He received a letter from his homeowners association that said the birdbath was the wrong color according to the covenants, conditions and regulations -- ironclad rules set by the homeowners associations.
[more]
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I didn't know there was a right color for a birdbath. Thank goodness we have self-appointed neighborhood mandarins of taste to clarify these matters for the rest of us.
Builders' settlement nets homeowners $12 million
Somebody please remind me of all the good reasons why I stopped practicing construction defect law in California all those years ago?
Somebody please remind me of all the good reasons why I stopped practicing construction defect law in California all those years ago?
Guardian | 900,000-year-old ice may destroy US case on Kyoto
As I keep saying, these scientists should watch the old SF movies. Carving a big block of ice out of Antarctica and thawing it out? Hello? The Thing? James Arness? John Carpenter remake? Anybody home?
I give up.
As I keep saying, these scientists should watch the old SF movies. Carving a big block of ice out of Antarctica and thawing it out? Hello? The Thing? James Arness? John Carpenter remake? Anybody home?
I give up.
The New York Times: Restrictive Covenants Stubbornly Stay on the Books
Matoko Rich weighs in again with a solid piece on race restrictive covenants that remain in CC&Rs despite being unenforceable and contrary to public policy. Includes a quote from your humble servant, to wit:
Evan McKenzie, a professor of political science at the University of Illinois at Chicago who has written about restrictive covenants in homeowner associations, said: "While the covenants are there, there is still room for people to think that although it cannot be legally enforced it is nonetheless a promise that they are morally obligated to keep. And that's an argument in my view for removing them."
Matoko Rich weighs in again with a solid piece on race restrictive covenants that remain in CC&Rs despite being unenforceable and contrary to public policy. Includes a quote from your humble servant, to wit:
Evan McKenzie, a professor of political science at the University of Illinois at Chicago who has written about restrictive covenants in homeowner associations, said: "While the covenants are there, there is still room for people to think that although it cannot be legally enforced it is nonetheless a promise that they are morally obligated to keep. And that's an argument in my view for removing them."
Thursday, April 21, 2005
Burglars regret encounter with kickboxer
Another example of the ultimate in privatized security services, in action:
An intruder picked the wrong Auckland house to burgle when he was caught in the act and dealt a beating by a kickboxer and martial arts expert living there. Brook McRae, 23, delivered the blows after chasing two men through his father's Mt Roskill home early on Sunday morning.
Another example of the ultimate in privatized security services, in action:
An intruder picked the wrong Auckland house to burgle when he was caught in the act and dealt a beating by a kickboxer and martial arts expert living there. Brook McRae, 23, delivered the blows after chasing two men through his father's Mt Roskill home early on Sunday morning.
Water from a school in the tiny village of Kipnuk has been judged the best-flavored in rural America...because it tastes like "nothing."
Kipnuk is 85 miles southwest of Bethel. Four miles inland from the Bering Sea, the 660 residents have no plumbing. Residents haul ice or collect rainwater from roof gutters. Judges concluded the school's water was the best because it tasted, smelled and looked like "nothing." "Water should have no taste to it. It should have no smell. It should be a clean, refreshing taste on the palate," said judge Gregory Bauer, executive chef for the Hyatt Regency in Washington, D.C., where the contest was held. "This one did," he said. "It was desirable."
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This is a mark of municipal distinction that I hadn't encountered before, but I guess congratulations are in order. I've been to Bethel and a couple of the surrounding villages. As my old friend Tom Okpealuk used to say, "Bethel isn't the edge of the earth, but you can see it from there."
Kipnuk is 85 miles southwest of Bethel. Four miles inland from the Bering Sea, the 660 residents have no plumbing. Residents haul ice or collect rainwater from roof gutters. Judges concluded the school's water was the best because it tasted, smelled and looked like "nothing." "Water should have no taste to it. It should have no smell. It should be a clean, refreshing taste on the palate," said judge Gregory Bauer, executive chef for the Hyatt Regency in Washington, D.C., where the contest was held. "This one did," he said. "It was desirable."
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This is a mark of municipal distinction that I hadn't encountered before, but I guess congratulations are in order. I've been to Bethel and a couple of the surrounding villages. As my old friend Tom Okpealuk used to say, "Bethel isn't the edge of the earth, but you can see it from there."
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.
For a unique variation on the familiar "happy face" graphic, follow the link--as found by Fred Pilot.
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.
------------------------------
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.
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