Thousands of homes destroyed to make way for Olympic tourists
Just to put HOAs and American municipal governments in perspective, here's what reallytyrannical land use controls look like:
YE GUOZHU used to own two restaurants in Beijing. Both were razed in 2001, as was his home in the Yongdingmen district of the city two years later, to make way for parks to beautify the Chinese capital for the 2008 Olympics. Last year Mr Ye sought permission to protest against such forced evictions. He was arrested for “disturbing social order” and sentenced in December to four years in jail. His family have not seen him since and do not know where he is held...Building an Olympic Games infrastructure is the kind of ambitious project at which China’s communist rulers, with the benefit of years of central planning behind them, are particularly adept. The plans include an Olympic Green covering nearly 2,800 acres — 1,680 acres of park and 1,000 acres for the Olympic Centre. The National Stadium, a controversial project resembling a bird’s nest that has been halted once for modifications, will seat 80,000 people. Not content with building 19 sports stadiums and refurbishing 13 others, city planners have seized the opportunity to reshape the landscape of Beijing.
Friday, May 27, 2005
What's the difference between a libertarian and a conservative?
I had a private post or two from people asking for an answer to that question. This link goes to a New York Libertarian Party site that talks about how libertarians would reply (although others may characterize them differently). Libertarians say that normally we think of people being either liberal or conservative, and fashion a one-dimensional continuum of left-to-right. But to understand libertarianism, they tell us, you need to think in two dimensions, as this passage explains:
A breakthrough came when David Nolan, a graduate in political science from the Massachusetts Institute of Technology, published "Classifying and Analyzing Politico-Economic Systems" in the January 1971 Individualist. The Nolan Chart shows the highlights of the chart he introduced in that article. Nolan divided human action into two categories, economic and social, so his chart has two axes, one to measure the degree of freedom in economic affairs, the other to measure the degree of freedom in social affairs. Then he plotted the positions of various political groups to see how they related. Maddox and Lilie suggest a matrix approach with four quadrants: liberal, conservative, populist and libertarian. Their research indicates 17 percent of Americans fit in the libertarian quadrant, with baby boomers more heavily libertarian (22 percent), as are college graduates (32 percent).
-------------
The easiest way to understand this is to take a look at the chart itself. The point is simple, though. Libertarians say that conservatives are people like Bill Bennett, who believe in a leaving the economic system relatively free from government control (high score on economic self government) but are comfortable with goverment controls on things like drug use, prostitution, abortion, and other non-economic liberties (low score on personal self government). Libertarians say that liberals are the opposite of that, because they support heavy government restrictions on economic activity (minimum wage, taxation, workplace and environmental safety laws, etc.) and a high degree of freedom from government where personal liberty is concerned. But libertarians (according to their self-definition) want both a high degree of economic self government and a high degree of personal self government. They want individuals to be free to structure their own relationships in economic an non-economic matters.
That's where HOAs come in. To most libertarians, HOAs represent freedom from coercive municipal governments and an opportunity to live under rules that represent self-government. And they believe that if you don't like the rules in one HOA you can move to another, or change the rules. This, they believe, makes HOAs a better way to provide for collective needs than municipalities.
I understand all this, but it is just theory, sometimes reality gets in the way of theory. I'll post more on this later, but what do you say about liberals who believe in free speech for themselves but not for conservatives? And what about HOAs that are mandated by local government?
Comments?
I had a private post or two from people asking for an answer to that question. This link goes to a New York Libertarian Party site that talks about how libertarians would reply (although others may characterize them differently). Libertarians say that normally we think of people being either liberal or conservative, and fashion a one-dimensional continuum of left-to-right. But to understand libertarianism, they tell us, you need to think in two dimensions, as this passage explains:
A breakthrough came when David Nolan, a graduate in political science from the Massachusetts Institute of Technology, published "Classifying and Analyzing Politico-Economic Systems" in the January 1971 Individualist. The Nolan Chart shows the highlights of the chart he introduced in that article. Nolan divided human action into two categories, economic and social, so his chart has two axes, one to measure the degree of freedom in economic affairs, the other to measure the degree of freedom in social affairs. Then he plotted the positions of various political groups to see how they related. Maddox and Lilie suggest a matrix approach with four quadrants: liberal, conservative, populist and libertarian. Their research indicates 17 percent of Americans fit in the libertarian quadrant, with baby boomers more heavily libertarian (22 percent), as are college graduates (32 percent).
-------------
The easiest way to understand this is to take a look at the chart itself. The point is simple, though. Libertarians say that conservatives are people like Bill Bennett, who believe in a leaving the economic system relatively free from government control (high score on economic self government) but are comfortable with goverment controls on things like drug use, prostitution, abortion, and other non-economic liberties (low score on personal self government). Libertarians say that liberals are the opposite of that, because they support heavy government restrictions on economic activity (minimum wage, taxation, workplace and environmental safety laws, etc.) and a high degree of freedom from government where personal liberty is concerned. But libertarians (according to their self-definition) want both a high degree of economic self government and a high degree of personal self government. They want individuals to be free to structure their own relationships in economic an non-economic matters.
That's where HOAs come in. To most libertarians, HOAs represent freedom from coercive municipal governments and an opportunity to live under rules that represent self-government. And they believe that if you don't like the rules in one HOA you can move to another, or change the rules. This, they believe, makes HOAs a better way to provide for collective needs than municipalities.
I understand all this, but it is just theory, sometimes reality gets in the way of theory. I'll post more on this later, but what do you say about liberals who believe in free speech for themselves but not for conservatives? And what about HOAs that are mandated by local government?
Comments?
Thursday, May 26, 2005
Salsa Dancers and Stunt Men? Must Be a Miami Condo Project - New York Times
Nancy Levy forwarded this link to an article about the remarkable lengths to which developers will go to sell condos in Miami...
In the last month alone, you could salsa with dancers in fringed hot pants at Aqua, hear a drag queen D.J. at Cynergi or watch stunt men ricochet off a trampoline at Soleil...These were launch parties for condominium projects, one of the stranger forms of nightlife in a city obsessed with real estate...Deep-pocketed developers, forced to be ever more creative in the pursuit of buyers for condos still years from being built, pay for these lavish affairs...
Nancy Levy forwarded this link to an article about the remarkable lengths to which developers will go to sell condos in Miami...
In the last month alone, you could salsa with dancers in fringed hot pants at Aqua, hear a drag queen D.J. at Cynergi or watch stunt men ricochet off a trampoline at Soleil...These were launch parties for condominium projects, one of the stranger forms of nightlife in a city obsessed with real estate...Deep-pocketed developers, forced to be ever more creative in the pursuit of buyers for condos still years from being built, pay for these lavish affairs...
Lawyer winds up Britain's longest ever legal speech after 119 days - Yahoo! News
Is he getting paid by the word? And this is just his opening statement. Wait until he gets to closing argument.
LONDON (AFP) - A top lawyer for the Bank of England is set to finish what is believed to be the longest speech in British legal history, which lasted 119 days, a newspaper said. Nicholas Stadlen is finally due to sit down after spending the past few months delivering his opening remarks from 125 files in the central bank's defence of an 850-million-pound (1.6 million dollar, 1.2 million euro) compensation claim by creditors to collapsed bank BCCI, the Guardian reported.
Is he getting paid by the word? And this is just his opening statement. Wait until he gets to closing argument.
LONDON (AFP) - A top lawyer for the Bank of England is set to finish what is believed to be the longest speech in British legal history, which lasted 119 days, a newspaper said. Nicholas Stadlen is finally due to sit down after spending the past few months delivering his opening remarks from 125 files in the central bank's defence of an 850-million-pound (1.6 million dollar, 1.2 million euro) compensation claim by creditors to collapsed bank BCCI, the Guardian reported.
Wednesday, May 25, 2005
Gate guarded - against each other
Too many modern neighborhoods are, well ... not all that neighborly
Nancy Levy sent this link, which requires registration.
It's an interesting account of life in a gated HOA in Orange County, CA:
...Hopefully not everyone shares my experience with the guarded-gate community where I lived in San Clemente. Within these invisible walls, over a period of 12 years I visited the home of just one neighbor. For an exorbitant monthly fee the guard would not allow my own mother entrance because my phone was busy. As we fortify ourselves against the undesirable element on the outside, so too we are protected from individuality within. Homeowners' associations, instead of creating peaceful harmony and a non-threatening manner in which to meet those who share the street where we live, accomplish the opposite. On the four boards on which I enjoyed the dubious honor of serving, I witnessed consternation, condemnation and confrontation, sprinkled with refreshments and an overall unwillingness to accommodate varying opinions. It is virtually impossible to require that individuals who are as different from each other as the colors they might want to paint their houses to lose themselves in a sea of sameness and anonymity, which is in many cases today's neighborhood. Consequently, no one gets along. Trust evaporates when one man attacks another for his weeds and threatens a lawsuit. Never mind that the man is holding down two jobs to pay for landscaping; the CC&Rs state the yard must be complete within 90 days. To make an exception would be setting a precedent. But there is hope despite our identical roofing, colorless walls and vistas void of foliage; there is that occasional person who forsakes the fear of lawsuits for friendship. I now have the privilege of living next to Karen and Ken, a doctor and nurse who, considering that they operate in a world of suspicion and malpractice insurance, might seem unlikely candidates to extend an unhesitating hand.
Too many modern neighborhoods are, well ... not all that neighborly
Nancy Levy sent this link, which requires registration.
It's an interesting account of life in a gated HOA in Orange County, CA:
...Hopefully not everyone shares my experience with the guarded-gate community where I lived in San Clemente. Within these invisible walls, over a period of 12 years I visited the home of just one neighbor. For an exorbitant monthly fee the guard would not allow my own mother entrance because my phone was busy. As we fortify ourselves against the undesirable element on the outside, so too we are protected from individuality within. Homeowners' associations, instead of creating peaceful harmony and a non-threatening manner in which to meet those who share the street where we live, accomplish the opposite. On the four boards on which I enjoyed the dubious honor of serving, I witnessed consternation, condemnation and confrontation, sprinkled with refreshments and an overall unwillingness to accommodate varying opinions. It is virtually impossible to require that individuals who are as different from each other as the colors they might want to paint their houses to lose themselves in a sea of sameness and anonymity, which is in many cases today's neighborhood. Consequently, no one gets along. Trust evaporates when one man attacks another for his weeds and threatens a lawsuit. Never mind that the man is holding down two jobs to pay for landscaping; the CC&Rs state the yard must be complete within 90 days. To make an exception would be setting a precedent. But there is hope despite our identical roofing, colorless walls and vistas void of foliage; there is that occasional person who forsakes the fear of lawsuits for friendship. I now have the privilege of living next to Karen and Ken, a doctor and nurse who, considering that they operate in a world of suspicion and malpractice insurance, might seem unlikely candidates to extend an unhesitating hand.
ACSBlog: The Blog of the American Constitution Society: Guest Blogger: Nominee Brown's Views Rejected by Justices Scalia and Thomas
The other day I mentioned some of the objections to Janice Rogers Brown based on her libertarian views. I was speculating that she might be a pro-HOA justice because, like most libertarians, she would object to government interference with the terms of CC&Rs, which are contracts that structure private property rights. Here is a link to a post on ACSBlog by Lauren Sanders, an attorney at the National Senior Citizens Law Center. This post explains why her dissent in San Remo Hotel L.P. v. City and County of San Francisco, 27 Cal. 4th 643 (2002), is considered so radical. She said (the poster argues) that government infringements on property rights should be evaluated under the "strict scrutiny" standard, which is the highest level of scrutiny, rather than the "rational basis" test, which is the lowest. In other words, property rights should be treated like freedom of speech, press, association, and other "preferred position" liberties deemed essential to the functioning of a democracy. If her view became law, it would mean that a state infringement on private property rights would only be upheld by the courts if the government could show that the infringement was necessary to advance a compelling government interest. That's hard to do. Right now, under the rational basis test, all the government needs is a rational relationship to any legitimate government interest.
My guess is that if she does hold that view, she'd take a dim view of legislative action that tampered with the relationships set up in CC&Rs (such as the duty to pay assessments and obey rules and live under the discretionary governance of an HOA), and would hold property owners in HOAs and condo associations to the terms of their original deal. In other words, the recent wave of reform legislation in California, Nevada, Arizona, and Florida would probably be suspect under the standard that she believes in, if the post I linked to is correct about her views. She is on the California Supreme Court. She agreed with the court in Villa De Las Palmas Homeowners Assn. v. Terifaj, 33 Cal. 4th 73 (2004) where it was held:
We conclude that under the plain and unambiguous language of sections 1354, subdivision (a), and 1355, subdivision (b), use restrictions in amended declarations recorded subsequent to a challenging homeowner's purchase of a condominium unit are binding on that homeowner, are enforceable via injunctive relief under section 1354, subdivision (a), and are entitled to the same judicial deference given use restrictions recorded prior to the homeowner's purchase. We also conclude the trial court did not abuse its discretion in awarding attorney fees to the homeowners association as the prevailing party.
That case is a big time reaffirmation of Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal. 4th 361, by the way, which is one of most pro-HOA rulings from any state supreme court.
The other day I mentioned some of the objections to Janice Rogers Brown based on her libertarian views. I was speculating that she might be a pro-HOA justice because, like most libertarians, she would object to government interference with the terms of CC&Rs, which are contracts that structure private property rights. Here is a link to a post on ACSBlog by Lauren Sanders, an attorney at the National Senior Citizens Law Center. This post explains why her dissent in San Remo Hotel L.P. v. City and County of San Francisco, 27 Cal. 4th 643 (2002), is considered so radical. She said (the poster argues) that government infringements on property rights should be evaluated under the "strict scrutiny" standard, which is the highest level of scrutiny, rather than the "rational basis" test, which is the lowest. In other words, property rights should be treated like freedom of speech, press, association, and other "preferred position" liberties deemed essential to the functioning of a democracy. If her view became law, it would mean that a state infringement on private property rights would only be upheld by the courts if the government could show that the infringement was necessary to advance a compelling government interest. That's hard to do. Right now, under the rational basis test, all the government needs is a rational relationship to any legitimate government interest.
My guess is that if she does hold that view, she'd take a dim view of legislative action that tampered with the relationships set up in CC&Rs (such as the duty to pay assessments and obey rules and live under the discretionary governance of an HOA), and would hold property owners in HOAs and condo associations to the terms of their original deal. In other words, the recent wave of reform legislation in California, Nevada, Arizona, and Florida would probably be suspect under the standard that she believes in, if the post I linked to is correct about her views. She is on the California Supreme Court. She agreed with the court in Villa De Las Palmas Homeowners Assn. v. Terifaj, 33 Cal. 4th 73 (2004) where it was held:
We conclude that under the plain and unambiguous language of sections 1354, subdivision (a), and 1355, subdivision (b), use restrictions in amended declarations recorded subsequent to a challenging homeowner's purchase of a condominium unit are binding on that homeowner, are enforceable via injunctive relief under section 1354, subdivision (a), and are entitled to the same judicial deference given use restrictions recorded prior to the homeowner's purchase. We also conclude the trial court did not abuse its discretion in awarding attorney fees to the homeowners association as the prevailing party.
That case is a big time reaffirmation of Nahrstedt v. Lakeside Village Condominium Assn. (1994) 8 Cal. 4th 361, by the way, which is one of most pro-HOA rulings from any state supreme court.
Odd U.S. state laws ban owning skunks, swearing - Yahoo! News
I think it's good to balance out all the stories about HOA rule-madness with an occasional reminder about wacky laws passed by state and local governments. Besides, it's fun to read.
The legal codes of U.S. states, counties and cities are replete with archaic, sometimes nonsensical and often humorous laws, many of which were passed decades or even centuries ago for a reason that seemed good at the time but has long since been forgotten or faded into irrelevance.
I think it's good to balance out all the stories about HOA rule-madness with an occasional reminder about wacky laws passed by state and local governments. Besides, it's fun to read.
The legal codes of U.S. states, counties and cities are replete with archaic, sometimes nonsensical and often humorous laws, many of which were passed decades or even centuries ago for a reason that seemed good at the time but has long since been forgotten or faded into irrelevance.
KCBS: Plan To Revitalize Downtown L.A. Approved
Just what LA needs...high rise condos. Wouldn't you just love to be on the 50th floor when the San Andreas Fault decides to relocate itself a few hundred feet lower?
A plan that would alter the downtown skyline by creating a dense urban center of high-rises, shopping centers and parkland around the Disney Concert Hall was approved by the city and county. Authorities hope the Grand Avenue project approved Monday will provide a nucleus for the kind of core that Los Angeles has lacked -- a place where people both work and live. Currently, the area empties at night as workers return to the suburbs...The project calls for five high-rises -- four 30-story condominium buildings and a 40- to 50-story hotel and condominium complex. There would be a 16-acre park linking Bunker Hill and the Civic Center, a supermarket and 400,000 square feet of retail space that would include a bookstore and multi-screen movie theater.
Just what LA needs...high rise condos. Wouldn't you just love to be on the 50th floor when the San Andreas Fault decides to relocate itself a few hundred feet lower?
A plan that would alter the downtown skyline by creating a dense urban center of high-rises, shopping centers and parkland around the Disney Concert Hall was approved by the city and county. Authorities hope the Grand Avenue project approved Monday will provide a nucleus for the kind of core that Los Angeles has lacked -- a place where people both work and live. Currently, the area empties at night as workers return to the suburbs...The project calls for five high-rises -- four 30-story condominium buildings and a 40- to 50-story hotel and condominium complex. There would be a 16-acre park linking Bunker Hill and the Civic Center, a supermarket and 400,000 square feet of retail space that would include a bookstore and multi-screen movie theater.
Median price for S.D. home: $593,000
And half the homes in the entire state of California now cost more than $509,000. Well, there is always the option of not having kids (see below, re San Francisco)...
The median price of an existing home in San Diego County was $593,600 in April, slightly higher than the previous month and up 12.6 percent from a year ago, a real estate group reported today...In neighboring Orange County, the median price for an existing home last month was $682,200, a 2.2 percent increase from March, when the median price was $667,200. The median price rose 5.7 percent from $645,590 in April 2004...Statewide, the median price of an existing home in April was $509,230, marking the first time the median cost has topped the half-million-dollar mark, according to CAR President Jim Hamilton.
And half the homes in the entire state of California now cost more than $509,000. Well, there is always the option of not having kids (see below, re San Francisco)...
The median price of an existing home in San Diego County was $593,600 in April, slightly higher than the previous month and up 12.6 percent from a year ago, a real estate group reported today...In neighboring Orange County, the median price for an existing home last month was $682,200, a 2.2 percent increase from March, when the median price was $667,200. The median price rose 5.7 percent from $645,590 in April 2004...Statewide, the median price of an existing home in April was $509,230, marking the first time the median cost has topped the half-million-dollar mark, according to CAR President Jim Hamilton.
BostonHerald.com - Local/ Regional News: Cops nail 'parking Nazi': JP neighborhood was victimized by vigilante for years
Who does this guy think he is...the president of his condo association or something?
A self-appointed traffic judge who allegedly meted out street justice by vandalizing cars in Jamaica Plain for everything from expired stickers to parking violations was arrested yesterday after he was caught on camera keying the side of a police decoy van...His punishments featured dousing cars with chocolate syrup, spray paint and feces for infractions including out-of-state plates in residential parking spots and even offensive bumper stickers...
A search warrant was being executed last night at the condo Feest has shared for the past 11 years...
Who does this guy think he is...the president of his condo association or something?
A self-appointed traffic judge who allegedly meted out street justice by vandalizing cars in Jamaica Plain for everything from expired stickers to parking violations was arrested yesterday after he was caught on camera keying the side of a police decoy van...His punishments featured dousing cars with chocolate syrup, spray paint and feces for infractions including out-of-state plates in residential parking spots and even offensive bumper stickers...
A search warrant was being executed last night at the condo Feest has shared for the past 11 years...
Child Population Dwindles in San Francisco - Yahoo! News
Fred Pilot sends this disturbing story about how San Francisco is becoming an adults-only community. I understand why people with kids are leaving, but how about the choices people make that allow them to stay? If there weren't so many households willing to dump all their income into buying an overpriced house or condo in order to stay in that city (instead of perhaps living someplace where they can afford to raise a family or just have more disposable income), prices wouldn't be so high. In other words, there wouldn't be a housing bubble in San Francisco if there weren't so many buyers--many of whom I suspect are making bonehead decisions to purchase houses and condos that they can't afford, and that may turn out to be bad investments. It is also amusing to see Mayor Newsom's approach to this: more public services, which means higher taxes. As if high taxation were not also part of the reason families are leaving.
San Francisco has the smallest share of small-fry of any major U.S. city. Just 14.5 percent of the city's population is 18 and under. It is no mystery why U.S. cities are losing children. The promise of safer streets, better schools and more space has drawn young families away from cities for as long as America has had suburbs. But kids are even more scarce in San Francisco than in expensive New York (24 percent) or in retirement havens such as Palm Beach, Fla., (19 percent), according to Census estimates. San Francisco's large gay population — estimated at 20 percent by the city Public Health Department — is thought to be one factor, though gays and lesbians in the city are increasingly raising families. Another reason San Francisco's children are disappearing: Family housing in the city is especially scarce and expensive. A two-bedroom, 1,000-square-foot starter home is considered a bargain at $760,000. A recent survey by the city controller found 40 percent of parents said they were considering pulling up stakes within the next year.
Fred Pilot sends this disturbing story about how San Francisco is becoming an adults-only community. I understand why people with kids are leaving, but how about the choices people make that allow them to stay? If there weren't so many households willing to dump all their income into buying an overpriced house or condo in order to stay in that city (instead of perhaps living someplace where they can afford to raise a family or just have more disposable income), prices wouldn't be so high. In other words, there wouldn't be a housing bubble in San Francisco if there weren't so many buyers--many of whom I suspect are making bonehead decisions to purchase houses and condos that they can't afford, and that may turn out to be bad investments. It is also amusing to see Mayor Newsom's approach to this: more public services, which means higher taxes. As if high taxation were not also part of the reason families are leaving.
San Francisco has the smallest share of small-fry of any major U.S. city. Just 14.5 percent of the city's population is 18 and under. It is no mystery why U.S. cities are losing children. The promise of safer streets, better schools and more space has drawn young families away from cities for as long as America has had suburbs. But kids are even more scarce in San Francisco than in expensive New York (24 percent) or in retirement havens such as Palm Beach, Fla., (19 percent), according to Census estimates. San Francisco's large gay population — estimated at 20 percent by the city Public Health Department — is thought to be one factor, though gays and lesbians in the city are increasingly raising families. Another reason San Francisco's children are disappearing: Family housing in the city is especially scarce and expensive. A two-bedroom, 1,000-square-foot starter home is considered a bargain at $760,000. A recent survey by the city controller found 40 percent of parents said they were considering pulling up stakes within the next year.
Tuesday, May 24, 2005
Irate Parent Rams Van Into School - Yahoo! News
Who says civility is on the decline in this country?
PHILADELPHIA - A woman apparently upset over the treatment of her children by other students rammed her minivan into the front of the Huey Elementary School in West Philadelphia this morning.
Who says civility is on the decline in this country?
PHILADELPHIA - A woman apparently upset over the treatment of her children by other students rammed her minivan into the front of the Huey Elementary School in West Philadelphia this morning.
Home Sales Up 4.5 Percent in April
So says the National Association of Realtors. And this is why people are now talking about the housing "bubble" going pop.
Sales of existing homes rose 4.5 percent in April to the highest sales pace on record as low mortgage rates continued to fuel a housing boom, a national trade group reported Tuesday. The National Association of Realtors reported that sales of single-family homes and condominiums climbed to a seasonally adjusted annual rate of 7.18 million units last month, the fastest pace on record. The increase was far above the small 0.2 percent advance that had been expected and was credited to further declines in mortgage rates. The strength in sales last month was accompanied by further upward pressure on home prices. The median price for an existing home sold last month rose to a record $206,000, up 15.1 percent over the median price a year ago. That represented the biggest 12-month gain in home sales prices since November 1980 and was certain to add to concerns that the housing industry could be experiencing a speculative bubble similar to the stock market bubble which popped in the spring of 2000.
So says the National Association of Realtors. And this is why people are now talking about the housing "bubble" going pop.
Sales of existing homes rose 4.5 percent in April to the highest sales pace on record as low mortgage rates continued to fuel a housing boom, a national trade group reported Tuesday. The National Association of Realtors reported that sales of single-family homes and condominiums climbed to a seasonally adjusted annual rate of 7.18 million units last month, the fastest pace on record. The increase was far above the small 0.2 percent advance that had been expected and was credited to further declines in mortgage rates. The strength in sales last month was accompanied by further upward pressure on home prices. The median price for an existing home sold last month rose to a record $206,000, up 15.1 percent over the median price a year ago. That represented the biggest 12-month gain in home sales prices since November 1980 and was certain to add to concerns that the housing industry could be experiencing a speculative bubble similar to the stock market bubble which popped in the spring of 2000.
No changes for condo and homeowners associations: Legislature's failure to act on proposals means current policies remain in effect.
South Florida Sun-Sentinel
Nancy Levy sends this very interesting piece on the Florida legislative wrapup, and the proposed legislation that would have given HOA residents access to the condo ombudsman:
Homeowners still face foreclosure even if they owe their association $25. Directors of condominium and homeowners associations are still not required to learn the law before spending owners' money.The state still can't regulate homeowners associations or provide an ombudsman to mediate their disputes, as it does for condo owners. This year's battle in the state Legislature featured those who want state law changed to make boards more responsible to owners and those who oppose change. When the session ended in Tallahassee on May 8, almost everything remained the same as it was before it began in March.
South Florida Sun-Sentinel
Nancy Levy sends this very interesting piece on the Florida legislative wrapup, and the proposed legislation that would have given HOA residents access to the condo ombudsman:
Homeowners still face foreclosure even if they owe their association $25. Directors of condominium and homeowners associations are still not required to learn the law before spending owners' money.The state still can't regulate homeowners associations or provide an ombudsman to mediate their disputes, as it does for condo owners. This year's battle in the state Legislature featured those who want state law changed to make boards more responsible to owners and those who oppose change. When the session ended in Tallahassee on May 8, almost everything remained the same as it was before it began in March.
Residents help police resolve neighborhood disputes
Nancy Levy sent this piece that seems to suggest a cozy relationship is growing between Phoenix area HOAs and the municipal government. The article starts by talking about "residents" who "try to prevent or resolve neighborhood disputes on their own." This makes it seem like some miraculous outpouring of social capital. Maybe--I have no idea. But when you read further, it seems as though HOAs are somehow involved. We all know that HOAs enforce document provisions governing behavior that could also be called in to the police as a public nuisance (noise, parking, etc.) The question that interests me is to what extent people like Officer Barnhart are working with or through HOAs to handle this sort of low-level complaint.
...according to Phoenix police Officer Robert "Barney" Barnhart, the Community Action Program coordinator, most Ahwatukee Foothills residents try to prevent or resolve neighborhood disputes on their own. Party planners often head off complaints by letting neighbors know there will be a band, cars parked up and down the street and when a party is expected to end. They may go door-to-door as a personal touch or leave a note of explanation with their phone number and address in case there is a problem..
..Many homeowners associations can help with ongoing problems. Some Covenants, Conditions & Restrictions (CC&Rs) contain a nuisance clause covering loud parties and barking dogs as well as rules about roaming pets, property infringement and parking situations. An HOA can be the go-between when neighbors want to avoid a confrontation, said Robert Blakesley, general manager for the Ahwatukee Board of Management, which oversees 5,100 homes in 54 subdivisions. "HOAs are not the ultimate enforcement, but we try to do what we can to help the person," Blakesley said. "We will send a letter, then call the complainant back and see how it's going, and sometimes we send a second letter."
Nancy Levy sent this piece that seems to suggest a cozy relationship is growing between Phoenix area HOAs and the municipal government. The article starts by talking about "residents" who "try to prevent or resolve neighborhood disputes on their own." This makes it seem like some miraculous outpouring of social capital. Maybe--I have no idea. But when you read further, it seems as though HOAs are somehow involved. We all know that HOAs enforce document provisions governing behavior that could also be called in to the police as a public nuisance (noise, parking, etc.) The question that interests me is to what extent people like Officer Barnhart are working with or through HOAs to handle this sort of low-level complaint.
...according to Phoenix police Officer Robert "Barney" Barnhart, the Community Action Program coordinator, most Ahwatukee Foothills residents try to prevent or resolve neighborhood disputes on their own. Party planners often head off complaints by letting neighbors know there will be a band, cars parked up and down the street and when a party is expected to end. They may go door-to-door as a personal touch or leave a note of explanation with their phone number and address in case there is a problem..
..Many homeowners associations can help with ongoing problems. Some Covenants, Conditions & Restrictions (CC&Rs) contain a nuisance clause covering loud parties and barking dogs as well as rules about roaming pets, property infringement and parking situations. An HOA can be the go-between when neighbors want to avoid a confrontation, said Robert Blakesley, general manager for the Ahwatukee Board of Management, which oversees 5,100 homes in 54 subdivisions. "HOAs are not the ultimate enforcement, but we try to do what we can to help the person," Blakesley said. "We will send a letter, then call the complainant back and see how it's going, and sometimes we send a second letter."
Monday, May 23, 2005
States target property taxes as home prices zoom (phillyBurbs.com)
Fred Pilot sends this. Add the HOA assessments on top of the property tax, for many folks. But there is no relief in sight for that "double taxation" situation.
"People are facing being taxed out of their homes," said Ted Harris, a 69-year-old retiree living on the Nevada side of Lake Tahoe, whose taxes climbed from $2,200 in 1990 to $12,000 last year. "Government simply swallows the money and finds lots of reasons to spend that money." From Texas to Illinois to Pennsylvania, lawmakers are weighing property tax caps, limits, exemptions and other ways to ease the burdens for homeowners - whose tax bills are the down slide of home values increasing. Proposals to change the system have become part of the gubernatorial campaigns in New Jersey and Virginia, the only states with governor's races this year.
Fred Pilot sends this. Add the HOA assessments on top of the property tax, for many folks. But there is no relief in sight for that "double taxation" situation.
"People are facing being taxed out of their homes," said Ted Harris, a 69-year-old retiree living on the Nevada side of Lake Tahoe, whose taxes climbed from $2,200 in 1990 to $12,000 last year. "Government simply swallows the money and finds lots of reasons to spend that money." From Texas to Illinois to Pennsylvania, lawmakers are weighing property tax caps, limits, exemptions and other ways to ease the burdens for homeowners - whose tax bills are the down slide of home values increasing. Proposals to change the system have become part of the gubernatorial campaigns in New Jersey and Virginia, the only states with governor's races this year.
TheKCRAChannel.com - News - South Natomas Home Covered With Sheet Metal: Residents Claim Neighbors Bombarding Them With Radiation
Here's another thing you can't do in an HOA, or even in their municipality as it turns out. And we have been able to confirm to our great relief that this is not Fred Pilot's house.
SACRAMENTO, Calif. -- A home in Sacramento's south Natomas neighborhood is surrounded by sheet metal, and neighbors are calling it an eyesore. The [name deleted] family lives in the home on Timberwood Court, and claims the aluminium pieces are necessary to protect them from unknown neighbors who have been bombarding them with radio waves and making them sick.
Here's another thing you can't do in an HOA, or even in their municipality as it turns out. And we have been able to confirm to our great relief that this is not Fred Pilot's house.
SACRAMENTO, Calif. -- A home in Sacramento's south Natomas neighborhood is surrounded by sheet metal, and neighbors are calling it an eyesore. The [name deleted] family lives in the home on Timberwood Court, and claims the aluminium pieces are necessary to protect them from unknown neighbors who have been bombarding them with radio waves and making them sick.
U.N. Official Calls U.S. 'Ungainly Giant,' and UN a "neighborhood association"
Got that? The United Nations is just a big, warm, fuzzy neighborhood association. Sort of like a global HOA. So says Kofi Annan's chief of staff:
"This ungainly giant of a nation that has led the world in advancing freedom, democracy and decency, cannot quite accept membership in the global neighborhood association, and the principle of all neighborhoods — that it must abide by others' rules as well as its own," Malloch Brown said at the commencement address to Pace University law students.
Got that? The United Nations is just a big, warm, fuzzy neighborhood association. Sort of like a global HOA. So says Kofi Annan's chief of staff:
"This ungainly giant of a nation that has led the world in advancing freedom, democracy and decency, cannot quite accept membership in the global neighborhood association, and the principle of all neighborhoods — that it must abide by others' rules as well as its own," Malloch Brown said at the commencement address to Pace University law students.
Civic leaders fight group on home, condo owner law: South Florida Sun-Sentinel
Nancy Levy sends this remarkable article about organized opposition to the homeowner advocacy group, Cyber Citizens for Justice. The interesting question is, who got all these folks organized? I don't know. But as you read toward the end of the article, you see a carefully-worded mention of attorneys, and another mention of the Community Associations Institute and how many clients their member lawyers have. I'm reading between the lines, but is the journalist suggesting that CAI (which is an attorney and manager dominated trade association) is organizing their client association directors to oppose CCFJ? In other words, is the author of the article suggesting that this an example of business-organized grassroots lobbying? Does anybody have information on this?
Though this year's legislative session recently ended, leaders of this new coalition plan to start talking to their legislators in coming months to win their support. The coalition, tentatively called the Coalition of Community Associations, wants to make sure Cyber Citizens activists do not dilute homeowner and condo laws. Formed in 2000, Cyber Citizens has grown increasingly influential in Tallahassee. Among the group's successes: a condominium ombudsman who serves as a neutral resource for unit owners, associations and board members, and a law that prevents boards from foreclosing on homes because of unpaid fines...
Bergemann and a legislative ally, Rep. Julio Robaina, R-Miami, contended that attorneys are pushing the new coalition. While there are some attorneys involved, Spears said they are not driving the coalition. "These are basically homeowners," he said. "We're not interested in filling the pockets of attorneys." Community associations already have the Community Association Leadership Lobby, which represents 4,000 clients of the law firm Becker & Poliakoff.
Nancy Levy sends this remarkable article about organized opposition to the homeowner advocacy group, Cyber Citizens for Justice. The interesting question is, who got all these folks organized? I don't know. But as you read toward the end of the article, you see a carefully-worded mention of attorneys, and another mention of the Community Associations Institute and how many clients their member lawyers have. I'm reading between the lines, but is the journalist suggesting that CAI (which is an attorney and manager dominated trade association) is organizing their client association directors to oppose CCFJ? In other words, is the author of the article suggesting that this an example of business-organized grassroots lobbying? Does anybody have information on this?
Though this year's legislative session recently ended, leaders of this new coalition plan to start talking to their legislators in coming months to win their support. The coalition, tentatively called the Coalition of Community Associations, wants to make sure Cyber Citizens activists do not dilute homeowner and condo laws. Formed in 2000, Cyber Citizens has grown increasingly influential in Tallahassee. Among the group's successes: a condominium ombudsman who serves as a neutral resource for unit owners, associations and board members, and a law that prevents boards from foreclosing on homes because of unpaid fines...
Bergemann and a legislative ally, Rep. Julio Robaina, R-Miami, contended that attorneys are pushing the new coalition. While there are some attorneys involved, Spears said they are not driving the coalition. "These are basically homeowners," he said. "We're not interested in filling the pockets of attorneys." Community associations already have the Community Association Leadership Lobby, which represents 4,000 clients of the law firm Becker & Poliakoff.
Sunday, May 22, 2005
My Way News: Scientists Say Sunshine May Prevent Cancer
So, Del Webb had it figured out after all. I guess Sun City is the place to be, according to the latest scientific findings.
Do you ever wish that these scientific pinheads would just quit trying to tell us what is good and bad for us and how we should live, and get busy curing colds or something? For thirty years dermatologists have been saying that we should cower in the basement covered with sunscreen like a freaking vampire. Now all of a sudden the sun is good for you. Wine is bad. Wine is good. Fat is bad, except if you're French, in which case foie gras is the key to longevity. Salt is bad, but now it's good. Drink lots of water, except if you drink too much you die while you're running a marathon, which is good and bad for you also. Moderation is good for you, except if you have too much of it. Then it's bad because you need to be extreme once in a while.
Got it?
So, Del Webb had it figured out after all. I guess Sun City is the place to be, according to the latest scientific findings.
Do you ever wish that these scientific pinheads would just quit trying to tell us what is good and bad for us and how we should live, and get busy curing colds or something? For thirty years dermatologists have been saying that we should cower in the basement covered with sunscreen like a freaking vampire. Now all of a sudden the sun is good for you. Wine is bad. Wine is good. Fat is bad, except if you're French, in which case foie gras is the key to longevity. Salt is bad, but now it's good. Drink lots of water, except if you drink too much you die while you're running a marathon, which is good and bad for you also. Moderation is good for you, except if you have too much of it. Then it's bad because you need to be extreme once in a while.
Got it?
Living in a Retirement Village, Back Home With Mom and Dad - New York Times
How would you like to be a young person living in a retirement community? Nancy Levy sends this NYT article that gave me claustrophobia.
Many adult children moved back into the nest in the 1990's, after being hit by layoffs and the bursting of the dot-com bubble. But in a twist on the phenomenon of extended adolescence, some sons and daughters are now sampling the leisurely lifestyles of their aging parents. Driven by skyrocketing house prices, uncertain job prospects and extended stays in higher education, some young adults figure they can save money while enjoying golf lessons, fancy clubhouses and clay tennis courts...Only a sliver of young adults live in retirement communities. But with the growth of age-restricted developments, it is more likely that homeward-bound adult children will land in one of them. There were 1,274 such "active adult" communities in 2004, six times greater than the 204 in 1995, said Bill Parks, a consultant to homebuilders who works in Scottsdale, Ariz. Many have sprung up near Boston, Chicago and New York, making it easier for the offspring of baby boomers to come home again and still keep their big-city jobs.
How would you like to be a young person living in a retirement community? Nancy Levy sends this NYT article that gave me claustrophobia.
Many adult children moved back into the nest in the 1990's, after being hit by layoffs and the bursting of the dot-com bubble. But in a twist on the phenomenon of extended adolescence, some sons and daughters are now sampling the leisurely lifestyles of their aging parents. Driven by skyrocketing house prices, uncertain job prospects and extended stays in higher education, some young adults figure they can save money while enjoying golf lessons, fancy clubhouses and clay tennis courts...Only a sliver of young adults live in retirement communities. But with the growth of age-restricted developments, it is more likely that homeward-bound adult children will land in one of them. There were 1,274 such "active adult" communities in 2004, six times greater than the 204 in 1995, said Bill Parks, a consultant to homebuilders who works in Scottsdale, Ariz. Many have sprung up near Boston, Chicago and New York, making it easier for the offspring of baby boomers to come home again and still keep their big-city jobs.
Calvert News October 2004: Creating Community in Planned Communities
Don't ask me where Fred Pilot found this document, because I have no idea how he comes up with these things. This is the transcript of a conference. Wayne Hyatt is on the program, along with Donald Stabile, the economist who wrote a book on HOAs that relied heavily on Byron Hanke's recounting of events in the early 1960s. This transcript is well worth reading to get the original rationale for this kind of housing, back when there was hardly any of it to be found.
Don't ask me where Fred Pilot found this document, because I have no idea how he comes up with these things. This is the transcript of a conference. Wayne Hyatt is on the program, along with Donald Stabile, the economist who wrote a book on HOAs that relied heavily on Byron Hanke's recounting of events in the early 1960s. This transcript is well worth reading to get the original rationale for this kind of housing, back when there was hardly any of it to be found.
More on Justice Brown...
Fred Pilot takes issue with my speculation about Justice Brown, where I consider how she would view HOAs if a case involving them came before her. I'm reproducing our comments here because some people don't get to the comments and perhaps we can start a discussion:
Fred says: "You are mixing two different and very important things here. Local government privatization today is no longer simply about the right of a developer to impose deed restrictions as in the early days of American common interest developments when they were used to keep out racial and ethic groups not wanted by the developer. Rather than being driven by developers, local government privatization is now land use policy adopted by muncipalities and counties to effectively privatize their traditional governmental obligations. It has nothing to do with developers'rights."
McKenzie responds: I know the municipal mandate situation changes the dynamics here, but it doesn't seem to change the way libertarians view HOAs. My point is to consider what Justice Brown, as an obvious libertarian, might say about HOAs. Therefore I'm adopting for purposes of discussion the perspective they take on HOAs in general. Libertarians--at least nearly all the ones I know--defend HOA living as an example of contract-based service provision, and argue that it is better than the taxation-based service provision of municipalities. Why? Because (they say) HOAs are voluntary organizations. I know, I know...municipal mandates, lack of choice, lack of disclosure...but that's what they say. And the initial declaration of CC&Rs is universally viewed by courts as a contract. It is a contract that is made by one party (the developer), and accepted by another (the original purchaser," and it "runs with the land," meaning that all subsequent purchasers must accept the same contract. Libertarians believe in freedom to contract for whatever relationship you want, even if it is exploitative. They support legalized prostitution, drug use, gambling, and even contracts to pollute. So the issue remains: does Justice Brown think HOAs are voluntary organizations, whose contract-based relationships (structured by the developers and purchasers and based on their rights to freely contract) should not be tampered with by the courts? My guess is, "yes."
If I had my druthers, libertarians would recognize that the facts don't fit their theory. Choice is restricted, municipal mandates to build HOA-run developments constitute government involvement, the CC&Rs are written by one party and non-negotiable by the buyer, the CC&Rs are often incomprehensible, etc. But I assure you, libertarians are by and large pro-HOA. In fact, they think HOAs are an example of Robert Nozick's private protective associations, as envisioned in his classic work of libertarian philosophy, Anarchy, State, and Utopia. If they had their way, libertarians would replace municipal governments with HOAs, so we'd all be living in them. If you don't believe me, read Bob Nelson's article.
Comments, anybody?
Fred Pilot takes issue with my speculation about Justice Brown, where I consider how she would view HOAs if a case involving them came before her. I'm reproducing our comments here because some people don't get to the comments and perhaps we can start a discussion:
Fred says: "You are mixing two different and very important things here. Local government privatization today is no longer simply about the right of a developer to impose deed restrictions as in the early days of American common interest developments when they were used to keep out racial and ethic groups not wanted by the developer. Rather than being driven by developers, local government privatization is now land use policy adopted by muncipalities and counties to effectively privatize their traditional governmental obligations. It has nothing to do with developers'rights."
McKenzie responds: I know the municipal mandate situation changes the dynamics here, but it doesn't seem to change the way libertarians view HOAs. My point is to consider what Justice Brown, as an obvious libertarian, might say about HOAs. Therefore I'm adopting for purposes of discussion the perspective they take on HOAs in general. Libertarians--at least nearly all the ones I know--defend HOA living as an example of contract-based service provision, and argue that it is better than the taxation-based service provision of municipalities. Why? Because (they say) HOAs are voluntary organizations. I know, I know...municipal mandates, lack of choice, lack of disclosure...but that's what they say. And the initial declaration of CC&Rs is universally viewed by courts as a contract. It is a contract that is made by one party (the developer), and accepted by another (the original purchaser," and it "runs with the land," meaning that all subsequent purchasers must accept the same contract. Libertarians believe in freedom to contract for whatever relationship you want, even if it is exploitative. They support legalized prostitution, drug use, gambling, and even contracts to pollute. So the issue remains: does Justice Brown think HOAs are voluntary organizations, whose contract-based relationships (structured by the developers and purchasers and based on their rights to freely contract) should not be tampered with by the courts? My guess is, "yes."
If I had my druthers, libertarians would recognize that the facts don't fit their theory. Choice is restricted, municipal mandates to build HOA-run developments constitute government involvement, the CC&Rs are written by one party and non-negotiable by the buyer, the CC&Rs are often incomprehensible, etc. But I assure you, libertarians are by and large pro-HOA. In fact, they think HOAs are an example of Robert Nozick's private protective associations, as envisioned in his classic work of libertarian philosophy, Anarchy, State, and Utopia. If they had their way, libertarians would replace municipal governments with HOAs, so we'd all be living in them. If you don't believe me, read Bob Nelson's article.
Comments, anybody?
Saturday, May 21, 2005
Janice Rogers Brown
I have received a couple of forwarded posts about Janice Rogers Brown, the California Supreme Court Justice who has been nominated by President Bush to serve on the US Court of Appeals for the District of Columbia Circuit, but who has been filibustered by Senate Democrats. The Democrats, in support of their claim that she is "out of the mainstream" [I can't find that language in my copy of the Constitution for some reason], cite one decision. Here's some typical opposition language from the web site of People for the American Way. It is a quote from her dissent in the San Remo Hotel v. City and County of San Francisco case, followed by PFAW's characterization of the majority's ruling:
[P]rivate property, already an endangered species in California, is now entirely extinct in San Francisco…I would find the HCO [San Francisco Residential Hotel Unit Conversion and Demolition Ordinance] preempted by the Ellis Act and facially unconstitutional. …Theft is theft even when the government approves of the thievery. Turning a democracy into a kleptocracy does not enhance the stature of the thieves; it only diminishes the legitimacy of the government. …The right to express one’s individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion. [Dissenting opinion in San Remo Hotel L.P. v. City and County of San Francisco, 41 P.3d 87, 120, 128-9 (Cal. 2002)(upholding San Francisco ordinance calling on hotel owners seeking permission to eliminate residential units and convert to tourist hotels help replace lost rental units for low income, elderly, and disabled persons)][
The claim that she is an extremist seems to be based on her outspoken libertarian sentiments. Now, which way does that cut if you are an HOA unit owner? Does she come down for individuals to use their own property as they see fit, despite what their privatized local governments says, or (as I suspect) does she support the rights of the developer to create any rules he or she wants, and the rights of the purchasers to be forever bound by them if they make the "free" choice to buy an HOA unit? Libertarians seem to be coming down in favor of HOAs as private governments. At least, the ones I know do.
I have received a couple of forwarded posts about Janice Rogers Brown, the California Supreme Court Justice who has been nominated by President Bush to serve on the US Court of Appeals for the District of Columbia Circuit, but who has been filibustered by Senate Democrats. The Democrats, in support of their claim that she is "out of the mainstream" [I can't find that language in my copy of the Constitution for some reason], cite one decision. Here's some typical opposition language from the web site of People for the American Way. It is a quote from her dissent in the San Remo Hotel v. City and County of San Francisco case, followed by PFAW's characterization of the majority's ruling:
[P]rivate property, already an endangered species in California, is now entirely extinct in San Francisco…I would find the HCO [San Francisco Residential Hotel Unit Conversion and Demolition Ordinance] preempted by the Ellis Act and facially unconstitutional. …Theft is theft even when the government approves of the thievery. Turning a democracy into a kleptocracy does not enhance the stature of the thieves; it only diminishes the legitimacy of the government. …The right to express one’s individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion. [Dissenting opinion in San Remo Hotel L.P. v. City and County of San Francisco, 41 P.3d 87, 120, 128-9 (Cal. 2002)(upholding San Francisco ordinance calling on hotel owners seeking permission to eliminate residential units and convert to tourist hotels help replace lost rental units for low income, elderly, and disabled persons)][
The claim that she is an extremist seems to be based on her outspoken libertarian sentiments. Now, which way does that cut if you are an HOA unit owner? Does she come down for individuals to use their own property as they see fit, despite what their privatized local governments says, or (as I suspect) does she support the rights of the developer to create any rules he or she wants, and the rights of the purchasers to be forever bound by them if they make the "free" choice to buy an HOA unit? Libertarians seem to be coming down in favor of HOAs as private governments. At least, the ones I know do.
Loose chickens subject neighborhood to fowl play
That's what you get for moving into a neighborhood called "Barnside." From Fred Pilot:
The Barnside neighborhood in Columbia is living up to its name. Since March, Barnside residents and police have been frantically trying to track down nearly 20 chickens and roosters who have run amuck in the community - clucking, crowing and waking residents up in the early morning hours. "They wake people up at 5 in the morning," said Gerrie Bischoff, the president of the Barnside Condominium Association, which is located near Howard Community College in the heart of Columbia. "We had one man come into our meeting demanding to know who was raising chickens."
That's what you get for moving into a neighborhood called "Barnside." From Fred Pilot:
The Barnside neighborhood in Columbia is living up to its name. Since March, Barnside residents and police have been frantically trying to track down nearly 20 chickens and roosters who have run amuck in the community - clucking, crowing and waking residents up in the early morning hours. "They wake people up at 5 in the morning," said Gerrie Bischoff, the president of the Barnside Condominium Association, which is located near Howard Community College in the heart of Columbia. "We had one man come into our meeting demanding to know who was raising chickens."
County Commission hears complaints about loose dogs--
Fred Pilot says the commissioner's suggestion is "ascanine."
Eastern District Commissioner Bill Farnham suggested to Eversole that the residents in the neighborhood form a homeowners association, by which they could form a board and make rules dealing with dogs in the neighborhood.
Fred Pilot says the commissioner's suggestion is "ascanine."
Eastern District Commissioner Bill Farnham suggested to Eversole that the residents in the neighborhood form a homeowners association, by which they could form a board and make rules dealing with dogs in the neighborhood.
Condominiums: they aren't just for Americans anymore...
Nancy Levy forwarded this. From the Saskatchewan area in the land of Eh, you hoser:
Residents of Bridger Drive will have to wait until the new mayor is elected to find out if a condo unit will be built in their area. A three storey condominium has been proposed by Remai Construction Group to Town Council. Remai would like to build an 18 unit condominium on 1 and 2 Bridger Drive. Some of the residents on Bridger Drive are upset by the potential neighbourhood addition. They say they did not expect high-density housing to be built in the area.
Nancy Levy forwarded this. From the Saskatchewan area in the land of Eh, you hoser:
Residents of Bridger Drive will have to wait until the new mayor is elected to find out if a condo unit will be built in their area. A three storey condominium has been proposed by Remai Construction Group to Town Council. Remai would like to build an 18 unit condominium on 1 and 2 Bridger Drive. Some of the residents on Bridger Drive are upset by the potential neighbourhood addition. They say they did not expect high-density housing to be built in the area.
245 townhouses OK'd off PGA Boulevard
What's wrong with this picture? Even some board members say they don't like these townhouses, but the board approves them anyway. From Fred Pilot forwarding something Nancy Levy found:
PALM BEACH GARDENS — City Councilman David Levy wouldn't want to live in one. Councilwoman Jody Barnett doesn't like them either. But a majority of city council members agreed Thursday night that 245 Abacoa-style townhouses should be built near PGA and Central boulevards. The development of two- and three-story townhomes, called Southampton, won initial approval from three of four council members, despite concerns that its "traditional neighborhood" style won't fit in with nearby communities.
What's wrong with this picture? Even some board members say they don't like these townhouses, but the board approves them anyway. From Fred Pilot forwarding something Nancy Levy found:
PALM BEACH GARDENS — City Councilman David Levy wouldn't want to live in one. Councilwoman Jody Barnett doesn't like them either. But a majority of city council members agreed Thursday night that 245 Abacoa-style townhouses should be built near PGA and Central boulevards. The development of two- and three-story townhomes, called Southampton, won initial approval from three of four council members, despite concerns that its "traditional neighborhood" style won't fit in with nearby communities.
Newsday.com: Protest stalls bill to raise condo taxes
Nancy Levy sent this, which follows up on an issue I posted something on a few days ago:
ALBANY - State lawmakers who proposed a bill designed to tax some house-style condominiums at the same rate as traditional houses retreated this week after facing a groundswell of opposition from Long Island and Rockland County residents. Senate and Assembly companion bills that critics say would have as much as tripled taxes for some condo owners have scant chance of advancing before the legislative session ends on June 23.
Nancy Levy sent this, which follows up on an issue I posted something on a few days ago:
ALBANY - State lawmakers who proposed a bill designed to tax some house-style condominiums at the same rate as traditional houses retreated this week after facing a groundswell of opposition from Long Island and Rockland County residents. Senate and Assembly companion bills that critics say would have as much as tripled taxes for some condo owners have scant chance of advancing before the legislative session ends on June 23.
Homeowners divided
Here's a story about some sub-associations seeking their independence from the central authority. Reminds me of 1776. Nobody in the picture looks much like Mel Gibson, though. (From Fred Pilot via Nancy Levy)
Here's a story about some sub-associations seeking their independence from the central authority. Reminds me of 1776. Nobody in the picture looks much like Mel Gibson, though. (From Fred Pilot via Nancy Levy)
Bill offers framework for disputes
From Fred Pilot by way of Patrick's HOA News...it seems the Garden State may be adopting the Uniform Common Interest Ownership Act (UCIOA), but it would still have to pass the state senate and be signed by the governor:
Legislation passed this week by the Assembly would codify the way homeowners' associations, including Kings Grant in Evesham, operate. The bill, which is modeled on legislation passed in 16 states, would establish uniform rules for the homeowners' associations of communities like condominiums, townhouses, co-ops, lake associations and time shares.
From Fred Pilot by way of Patrick's HOA News...it seems the Garden State may be adopting the Uniform Common Interest Ownership Act (UCIOA), but it would still have to pass the state senate and be signed by the governor:
Legislation passed this week by the Assembly would codify the way homeowners' associations, including Kings Grant in Evesham, operate. The bill, which is modeled on legislation passed in 16 states, would establish uniform rules for the homeowners' associations of communities like condominiums, townhouses, co-ops, lake associations and time shares.
High interest in interest-only home loans / POPULAR BUT DANGEROUS: If home prices flatten, borrowers could lose
Fred Pilot sent this. Astronomical housing prices have people stretched to the breaking poing...how to afford it? Interest-only loans, usually variable rate, that are extemely risky:
Two out of three Bay Area home buyers are choosing interest-only loans, and some experts warn that the popularity of the controversial form of mortgage debt is a sign that the overheated housing market is boiling over. These loans, which allow borrowers to avoid paying any principal for three years or more, have grown explosively in recent years to become the favored mortgage for buyers in the region, replacing the standby 30-year mortgage preferred a generation ago. They accounted for nearly 70 percent of home purchases in the first two months of the year in San Francisco, Marin and San Mateo counties, up from 18 percent in 2002 and 59 percent in 2004, according to data compiled for The Chronicle by San Francisco mortgage research firm LoanPerformance, a unit of title giant First American Corp... But housing experts warn that these loans are loaded with risk. Borrowers who put down small or no down payments and who do not elect to pay principal rely almost exclusively on price appreciation to build equity. If home prices flatten or fall, borrowers could end up owing more than the home is worth.
Fred Pilot sent this. Astronomical housing prices have people stretched to the breaking poing...how to afford it? Interest-only loans, usually variable rate, that are extemely risky:
Two out of three Bay Area home buyers are choosing interest-only loans, and some experts warn that the popularity of the controversial form of mortgage debt is a sign that the overheated housing market is boiling over. These loans, which allow borrowers to avoid paying any principal for three years or more, have grown explosively in recent years to become the favored mortgage for buyers in the region, replacing the standby 30-year mortgage preferred a generation ago. They accounted for nearly 70 percent of home purchases in the first two months of the year in San Francisco, Marin and San Mateo counties, up from 18 percent in 2002 and 59 percent in 2004, according to data compiled for The Chronicle by San Francisco mortgage research firm LoanPerformance, a unit of title giant First American Corp... But housing experts warn that these loans are loaded with risk. Borrowers who put down small or no down payments and who do not elect to pay principal rely almost exclusively on price appreciation to build equity. If home prices flatten or fall, borrowers could end up owing more than the home is worth.
Friday, May 20, 2005
Head's up: Bill would ban soccer headers
I may need to create a special section for "Municipal Ordinances That Are So Supremely Idiotic They Rival HOA Restrictions." It seems that a man who suffered a brain injury by falling down the stairs when he was two...
...is asking lawmakers to stop a potentially damaging practice among K-12 students: "headers," or when soccer players hit balls with their heads. "Brain injury or a concussion can change a soccer player's life if all soccer players uses his or her head as a battering ram," Edwards, 54, told the Legislature's joint Education Committee yesterday. Public and private school students also would be required to wear helmets during soccer matches under a bill Edwards crafted.
I may need to create a special section for "Municipal Ordinances That Are So Supremely Idiotic They Rival HOA Restrictions." It seems that a man who suffered a brain injury by falling down the stairs when he was two...
...is asking lawmakers to stop a potentially damaging practice among K-12 students: "headers," or when soccer players hit balls with their heads. "Brain injury or a concussion can change a soccer player's life if all soccer players uses his or her head as a battering ram," Edwards, 54, told the Legislature's joint Education Committee yesterday. Public and private school students also would be required to wear helmets during soccer matches under a bill Edwards crafted.
Six Flags reserves right to kick out sex offenders
Here we have another example (see below) of private property-based exclusions of undesirables.
CHICAGO - Six Flags is warning convicted sex offenders that they're not welcome. The amusement park has added a message to its season passes stating that it can refuse entry to anyone convicted of a sex crime. Six Flags doesn't actually plan to run background checks on everyone who enters its 30 theme parks. However, visitors seen acting inappropriately could be subjected to a check and thrown out. A Six Flags spokeswoman says the warning was added on the advice of the company's attorneys. A ride operator was sentenced to prison in 2000 for molesting three girls. The company has paid nearly $1.5 million to two of the victims.
Here we have another example (see below) of private property-based exclusions of undesirables.
CHICAGO - Six Flags is warning convicted sex offenders that they're not welcome. The amusement park has added a message to its season passes stating that it can refuse entry to anyone convicted of a sex crime. Six Flags doesn't actually plan to run background checks on everyone who enters its 30 theme parks. However, visitors seen acting inappropriately could be subjected to a check and thrown out. A Six Flags spokeswoman says the warning was added on the advice of the company's attorneys. A ride operator was sentenced to prison in 2000 for molesting three girls. The company has paid nearly $1.5 million to two of the victims.
Caveman shopper hoax: off-topic, but too funny not to post
STAFF at the British Museum have been left with red faces after discovering a hoax exhibit on display: a cave painting of a primitive man - pushing a supermarket trolley [that would be a shopping cart on this side of the Atlantic]. The "rock painting", titled Early Man Goes to Market, depicts the outline of a spear-wielding caveman next to the outline of a pig, with the man pushing a trolley. The painting was planted by anonymous "art terrorist" Banksy, whose work failed to raise eyebrows at one of London's most famous museums.
STAFF at the British Museum have been left with red faces after discovering a hoax exhibit on display: a cave painting of a primitive man - pushing a supermarket trolley [that would be a shopping cart on this side of the Atlantic]. The "rock painting", titled Early Man Goes to Market, depicts the outline of a spear-wielding caveman next to the outline of a pig, with the man pushing a trolley. The painting was planted by anonymous "art terrorist" Banksy, whose work failed to raise eyebrows at one of London's most famous museums.
BBC NEWS | England | Kent | Visitor rise at 'hoodie' ban mall
See the things you can do with private property that you can't do by municipal regulation? Note that they did this after conducting a survey.
Bluewater shopping centre enjoyed a sharp rise in visitor numbers on the first weekend since it banned youths wearing hooded tops and baseball caps.
Some 23% more people visited the Kent mall last weekend than during the same weekend in 2004, the centre claims. Managers introduced a code of conduct on 11 May aimed at clamping down on anti-social behaviour at the complex. It also outlawed swearing. Prime Minister Tony Blair later expressed support for the move.
See the things you can do with private property that you can't do by municipal regulation? Note that they did this after conducting a survey.
Bluewater shopping centre enjoyed a sharp rise in visitor numbers on the first weekend since it banned youths wearing hooded tops and baseball caps.
Some 23% more people visited the Kent mall last weekend than during the same weekend in 2004, the centre claims. Managers introduced a code of conduct on 11 May aimed at clamping down on anti-social behaviour at the complex. It also outlawed swearing. Prime Minister Tony Blair later expressed support for the move.
Thursday, May 19, 2005
Better Days in Druid Woods
Way back in March 2004 I blogged about an article called Bad Day in Druid Woods, concerning a Georgia development where the owners were hit with a $7650 special assessment. I just had this message from Dr. Samuel Fernandez-Carriba, who lives in Druid Woods, who has permitted me to post his observations on how things have turned around there. Thanks to Dr. Fernandez-Carriba for the update.
Dear Dr. McKenzie,
I wanted to contact you regarding the article "Bad day in
Druid Woods" posted in The Privatopia Papers last March 2004. I am a
resident and recent Board member at Druid Woods Condominiums in Decatur,
Georgia, and I thought you might be interested in the turn of events that has
taken place at Druid Woods in the past year. I was probably one of the angriest
homeowners one year ago and now I can only be proud and impressed by what
can be done when people work together. We all, including members of the
different Committees, Board Members, etc., all volunteers, have
definitely made of this a better place. A new social committee was created
and it has been extremely active organizing social events for all the
residents: we had a Luau only one month ago that was a complete success. The
old newsletter was reactivated (find attached the most recent edition) and a
web site (www.druidwoods.org) is under construction. Several
landscaping projects have made the property look even better. An Open House
event will take place this Saturday, May 21, to promote the Real Estate
market within the community. And probably more important than all, a reserve
study has been conducted that lists present and future improvement needs,
which will allow us to be ready for what will have to be done. We expect
the future to be better, and we have learned that the best way for a
community to reduce conflict in the face of difficulties is with openness and
communication. Dr. McKenzie, we are having a really "good day in Druid
Woods".
Samuel Fernández-Carriba, Ph.D.
Way back in March 2004 I blogged about an article called Bad Day in Druid Woods, concerning a Georgia development where the owners were hit with a $7650 special assessment. I just had this message from Dr. Samuel Fernandez-Carriba, who lives in Druid Woods, who has permitted me to post his observations on how things have turned around there. Thanks to Dr. Fernandez-Carriba for the update.
Dear Dr. McKenzie,
I wanted to contact you regarding the article "Bad day in
Druid Woods" posted in The Privatopia Papers last March 2004. I am a
resident and recent Board member at Druid Woods Condominiums in Decatur,
Georgia, and I thought you might be interested in the turn of events that has
taken place at Druid Woods in the past year. I was probably one of the angriest
homeowners one year ago and now I can only be proud and impressed by what
can be done when people work together. We all, including members of the
different Committees, Board Members, etc., all volunteers, have
definitely made of this a better place. A new social committee was created
and it has been extremely active organizing social events for all the
residents: we had a Luau only one month ago that was a complete success. The
old newsletter was reactivated (find attached the most recent edition) and a
web site (www.druidwoods.org) is under construction. Several
landscaping projects have made the property look even better. An Open House
event will take place this Saturday, May 21, to promote the Real Estate
market within the community. And probably more important than all, a reserve
study has been conducted that lists present and future improvement needs,
which will allow us to be ready for what will have to be done. We expect
the future to be better, and we have learned that the best way for a
community to reduce conflict in the face of difficulties is with openness and
communication. Dr. McKenzie, we are having a really "good day in Druid
Woods".
Samuel Fernández-Carriba, Ph.D.
WSJ.com - Debate Pits Private Property Against Powers of the State
Nancy Levy sends this free Wall Street Journal piece on the pending USSC case of Kelo v. City of New London, which I have blogged about earlier. The issue is the meaning of the term "for public use" in the Fifth Amendment Takings clause ("nor shall private property be taken for public use without just compensation"). Specifically can a city use eminent domain to take private property for the stated "public use" of economic development, and then simply sell or lease it to other private owners who will develop it as a mall, condos, or some other use that is deemed more beneficial than its current use as an old, established, residential neighborhood? The case has been argued and a decision should be coming soon. Some of the briefs are on line. This article is a debate between economist Don Boudreaux and Harvard Law professor David Barron, who I happen to know. Thanks to Nancy for sending this, because it is very informative.
Nancy Levy sends this free Wall Street Journal piece on the pending USSC case of Kelo v. City of New London, which I have blogged about earlier. The issue is the meaning of the term "for public use" in the Fifth Amendment Takings clause ("nor shall private property be taken for public use without just compensation"). Specifically can a city use eminent domain to take private property for the stated "public use" of economic development, and then simply sell or lease it to other private owners who will develop it as a mall, condos, or some other use that is deemed more beneficial than its current use as an old, established, residential neighborhood? The case has been argued and a decision should be coming soon. Some of the briefs are on line. This article is a debate between economist Don Boudreaux and Harvard Law professor David Barron, who I happen to know. Thanks to Nancy for sending this, because it is very informative.
Wednesday, May 18, 2005
Telegraph | News | Woman kept 246 dogs, 16 cage birds and 7 cats in her home
I have to admit, here is one place where an HOA would be handy.
I have to admit, here is one place where an HOA would be handy.
Trafford Publishing: The Texas Homestead Hoax
A new book, one that I have not read. Fred Pilot forwards the link to this announcement of Harvella Jones' opus:
Step into the shoes of a black woman while she takes you through a legal hellhole that has lasted more than thirteen years. The Odyssey began in 1988 when she moved to Kingwood, Texas, approximately 23 miles from Houston. What started as a fairy tale ended up as a realty nightmare, having unknowingly bought into a planned community with foreclosable maintenance fees, her family and she had no idea what was ahead. At closing, she thought they had protected their property. Find out how Texas' dirty little secret began and how the judges, Community Associations Institute (CAI) attorneys, constable and even HUD are involved in the cover-up in this cottage industry; and it is just not in Texas. The author, Harvella Jones, President of The Texas Homeowner's Advocate Group, co-founded with her husband Johnnie, in 1996, will give you a bird's eye view of what it was like to lose her homestead after a five-year intense battle to save it and fight to save her mind as well as her life after stress threatened to take both...
368 pages; Perfect bound; catalogue #04-2266; ISBN 1-4120-4458-8; US$27.95, C$35.00, EUR22.75, £15.77
A new book, one that I have not read. Fred Pilot forwards the link to this announcement of Harvella Jones' opus:
Step into the shoes of a black woman while she takes you through a legal hellhole that has lasted more than thirteen years. The Odyssey began in 1988 when she moved to Kingwood, Texas, approximately 23 miles from Houston. What started as a fairy tale ended up as a realty nightmare, having unknowingly bought into a planned community with foreclosable maintenance fees, her family and she had no idea what was ahead. At closing, she thought they had protected their property. Find out how Texas' dirty little secret began and how the judges, Community Associations Institute (CAI) attorneys, constable and even HUD are involved in the cover-up in this cottage industry; and it is just not in Texas. The author, Harvella Jones, President of The Texas Homeowner's Advocate Group, co-founded with her husband Johnnie, in 1996, will give you a bird's eye view of what it was like to lose her homestead after a five-year intense battle to save it and fight to save her mind as well as her life after stress threatened to take both...
368 pages; Perfect bound; catalogue #04-2266; ISBN 1-4120-4458-8; US$27.95, C$35.00, EUR22.75, £15.77
Tuesday, May 17, 2005
The Seattle Times: Nation & World: Shady cash fattens towns' coffers along drug routes
On the municipal finance front, here's a creative alternative to forcing developers to build private communities so you can tax new residents like crazy while making them pay again to their HOA for the municipal services you aren't giving them:
HOGANSVILLE, Ga. — For years, this small town nestled in the pine forests off Interstate 85 has struggled to keep its police department financially afloat. But the town is riding high these days on a $2.4 million windfall, thanks to drug dealers who happened to be passing through. A police officer, aided by a drug-sniffing German shepherd named Bella, parks his cruiser on the side of the expressway three or four days a week, looking for any vehicle that seems suspicious — a broken taillight, an expired license plate or simply a car that changes lanes excessively. That is all it takes to pull over someone who might be a drug courier. If the officer is lucky, he confiscates not only drugs but bundles of money.
On the municipal finance front, here's a creative alternative to forcing developers to build private communities so you can tax new residents like crazy while making them pay again to their HOA for the municipal services you aren't giving them:
HOGANSVILLE, Ga. — For years, this small town nestled in the pine forests off Interstate 85 has struggled to keep its police department financially afloat. But the town is riding high these days on a $2.4 million windfall, thanks to drug dealers who happened to be passing through. A police officer, aided by a drug-sniffing German shepherd named Bella, parks his cruiser on the side of the expressway three or four days a week, looking for any vehicle that seems suspicious — a broken taillight, an expired license plate or simply a car that changes lanes excessively. That is all it takes to pull over someone who might be a drug courier. If the officer is lucky, he confiscates not only drugs but bundles of money.
The Holy Grail: Scene 8
The link immediately below reminded me of the following exchange:
ARTHUR:
If you will not show us the Grail, we shall take your castle by force!
FRENCH GUARD:
You don't frighten us, English pig-dogs! Go and boil your bottom, sons of a silly person. I blow my nose at you, so-called Arthur King, you and all your silly English k-nnnnniggets. Thpppppt! Thppt! Thppt!
GALAHAD:
What a strange person.
The link immediately below reminded me of the following exchange:
ARTHUR:
If you will not show us the Grail, we shall take your castle by force!
FRENCH GUARD:
You don't frighten us, English pig-dogs! Go and boil your bottom, sons of a silly person. I blow my nose at you, so-called Arthur King, you and all your silly English k-nnnnniggets. Thpppppt! Thppt! Thppt!
GALAHAD:
What a strange person.
Battle of stucco and stone: Neighbors fighting resident's plan for `medieval castle' of a house
What ho, thou varlet! Let not thy castle spring up in our fair village! (From Sir Fred De Pilot, and also forwarded to me by Beth Young)
In the suburban empire of Ashbury Park, Larry Gies is pushing hard to prove a man's home is his castle -- and much of the kingdom is not amused. Gies, a 62-year-old business owner, wants to renovate his two-story home on Osman Avenue. And Gies has a whole new look in mind for his pale stucco home -- something that breaks from the Conway neighborhood's muted palette of eggshell, off-white and dusty peach. He wants to cover the house in a tannish stone façade; a look that some neighbors say would be fine for a Connecticut farmhouse. But here, they say, the renovation would stick out like an El Camino up on blocks. "I call it the 'medieval castle,' " said Christine Williams, who lives around the corner from Gies. "I think it'll be completely out of place in the neighborhood." The community's architectural review committee and its homeowners association agreed. They rejected Gies' request, saying the stone facing would be too radical of a departure from the rest of the neighborhood.
What ho, thou varlet! Let not thy castle spring up in our fair village! (From Sir Fred De Pilot, and also forwarded to me by Beth Young)
In the suburban empire of Ashbury Park, Larry Gies is pushing hard to prove a man's home is his castle -- and much of the kingdom is not amused. Gies, a 62-year-old business owner, wants to renovate his two-story home on Osman Avenue. And Gies has a whole new look in mind for his pale stucco home -- something that breaks from the Conway neighborhood's muted palette of eggshell, off-white and dusty peach. He wants to cover the house in a tannish stone façade; a look that some neighbors say would be fine for a Connecticut farmhouse. But here, they say, the renovation would stick out like an El Camino up on blocks. "I call it the 'medieval castle,' " said Christine Williams, who lives around the corner from Gies. "I think it'll be completely out of place in the neighborhood." The community's architectural review committee and its homeowners association agreed. They rejected Gies' request, saying the stone facing would be too radical of a departure from the rest of the neighborhood.
Monday, May 16, 2005
Las Vegas SUN: HOA threatens fines over battery-operated toy
Fred Pilot says, "more bad press for CIDS." Yes. How trivial can you get?
Little Benjamin Firestone likely does not know the trouble he caused by riding his Fisher-Price Power Wheels in front of his home. Neighbors objected to the noise and liability. The Spanish Springs homeowners association sent the Firestones warning letters that threatened fines.
Fred Pilot says, "more bad press for CIDS." Yes. How trivial can you get?
Little Benjamin Firestone likely does not know the trouble he caused by riding his Fisher-Price Power Wheels in front of his home. Neighbors objected to the noise and liability. The Spanish Springs homeowners association sent the Firestones warning letters that threatened fines.
Pocono Record Top Story: Homeowners to review latest legal twists
Sure is a lot of news from the Poconos recently. This one was sent by Fred Pilot:
STROUDSBURG — A magisterial district judge's rulings on criminal charges in the Eagle Valley Homes case will be among topics discussed Sunday during a general membership meeting of the Pocono Homeowners Defense Association. The homeowners group, formed in response to home-sale fraud allegations in the Monroe County area, will examine issues surrounding several criminal and civil cases winding through various courts, said Executive Director Al Wilson. Members also will make preparations for a mass protest this summer — probably in July — seeking appointment by President Judge Ronald Vican of an out-of-county judge and jury for the expected trials of six defendants in the Eagle Valley Homes case.
Sure is a lot of news from the Poconos recently. This one was sent by Fred Pilot:
STROUDSBURG — A magisterial district judge's rulings on criminal charges in the Eagle Valley Homes case will be among topics discussed Sunday during a general membership meeting of the Pocono Homeowners Defense Association. The homeowners group, formed in response to home-sale fraud allegations in the Monroe County area, will examine issues surrounding several criminal and civil cases winding through various courts, said Executive Director Al Wilson. Members also will make preparations for a mass protest this summer — probably in July — seeking appointment by President Judge Ronald Vican of an out-of-county judge and jury for the expected trials of six defendants in the Eagle Valley Homes case.
I think the author of this web page...
...is unhappy with the leadership of his condo association. From Fred Pilot, who is "Howlin Laffin" today.
...is unhappy with the leadership of his condo association. From Fred Pilot, who is "Howlin Laffin" today.
Sunday, May 15, 2005
Boston area: 2 historic homes may be history
TownOnline.com
From Nancy Levy, this story of urban redevelopment:
Brighton neighbors fighting dense development will face more brawls on the horizon as two local developers look to demolish historic buildings and turn them into condominiums.
TownOnline.com
From Nancy Levy, this story of urban redevelopment:
Brighton neighbors fighting dense development will face more brawls on the horizon as two local developers look to demolish historic buildings and turn them into condominiums.
Cashing Out Their History: Descendants of Slave Settlers Sell Prince William Enclave
Nancy Levy sends this, with a note: "Isn't this a shame?"
An acre of land in Gainesville wasn't worth much in 1865. It was worth so little, in fact, that white landowners were willing to rent it to freed slaves who had traveled there in search of land. In a flurry of sales during the 1880s, many of the former slaves bought property for $10 an acre or even less.They called the land, which lies roughly along Routes 29 and 15, the Settlement. It became one of Northern Virginia's most significant, and most stable, black communities. The original settlers believed land was power. They held on to it tightly, parting with bits only when they were desperate for cash. They educated their children on the value of a dollar and the greater value of land. But time and circumstance have altered those lessons. Pursued by developers offering as much as $300,000 an acre, dozens of families -- many of them descendants of those original pioneers -- are opting to sell their property, and a part of Prince William County's African American history is being transformed into hundreds of luxury houses.
Nancy Levy sends this, with a note: "Isn't this a shame?"
An acre of land in Gainesville wasn't worth much in 1865. It was worth so little, in fact, that white landowners were willing to rent it to freed slaves who had traveled there in search of land. In a flurry of sales during the 1880s, many of the former slaves bought property for $10 an acre or even less.They called the land, which lies roughly along Routes 29 and 15, the Settlement. It became one of Northern Virginia's most significant, and most stable, black communities. The original settlers believed land was power. They held on to it tightly, parting with bits only when they were desperate for cash. They educated their children on the value of a dollar and the greater value of land. But time and circumstance have altered those lessons. Pursued by developers offering as much as $300,000 an acre, dozens of families -- many of them descendants of those original pioneers -- are opting to sell their property, and a part of Prince William County's African American history is being transformed into hundreds of luxury houses.
Unhappy homeowners: Frustrated Brookside residents take complaints to Web and end up in court
From the Land of Lincoln:
A three-year struggle over the management of a Tinley Park townhouse association has escalated from letters, meetings and Web posts to Cook County Circuit Court. A faction of owners in the Brookside Glen townhouses questions the practices of the association's managing agent, Rosemary Schrank of Schrank & Associates in Orland Hills. They're mounting a campaign to oust three members of the association board whom they say are Schrank's puppets. Now, Schrank is suing two homeowners over allegedly defamatory comments posted on an open Web forum that focuses on the sprawling Brookside Glen subdivision in the fast-growing southwest area of the village. The townhouse area of the subdivision consists of 196 homes built in the late 1990s.
From the Land of Lincoln:
A three-year struggle over the management of a Tinley Park townhouse association has escalated from letters, meetings and Web posts to Cook County Circuit Court. A faction of owners in the Brookside Glen townhouses questions the practices of the association's managing agent, Rosemary Schrank of Schrank & Associates in Orland Hills. They're mounting a campaign to oust three members of the association board whom they say are Schrank's puppets. Now, Schrank is suing two homeowners over allegedly defamatory comments posted on an open Web forum that focuses on the sprawling Brookside Glen subdivision in the fast-growing southwest area of the village. The townhouse area of the subdivision consists of 196 homes built in the late 1990s.
Rumble in the Desert...
This was posted on the CHORE/Yahoo group, sent to me by Fred Pilot. Hold onto your cowboy hats, because this looks to be the biggest Arizona dustup since the shootout at the OK Corral. I wish I could be there.
INFORMATION NOTICE
CAI, Community Associations Institute is holding their
May Conference in Tucson.
On Thursday, May 19 there will be a Panel Discussion on the subject of
FORECLOSURE
this will be OPEN TO THE PUBLIC.
The PANEL DISCUSSION will be from 4:30 PM to 5:45 PM in the
"General Session Room"
Pat Haruff and Barbara Epperson have been invited (and we accepted) to participate.
This will be at the Westin La Paloma Resort located at
3800 East Sunrise Drive, Tucson
Phone number of the resort is 520-742-6000
4:30 pm TO 5:45 pm
HOPE TO SEE YOU THERE!!!
This was posted on the CHORE/Yahoo group, sent to me by Fred Pilot. Hold onto your cowboy hats, because this looks to be the biggest Arizona dustup since the shootout at the OK Corral. I wish I could be there.
INFORMATION NOTICE
CAI, Community Associations Institute is holding their
May Conference in Tucson.
On Thursday, May 19 there will be a Panel Discussion on the subject of
FORECLOSURE
this will be OPEN TO THE PUBLIC.
The PANEL DISCUSSION will be from 4:30 PM to 5:45 PM in the
"General Session Room"
Pat Haruff and Barbara Epperson have been invited (and we accepted) to participate.
This will be at the Westin La Paloma Resort located at
3800 East Sunrise Drive, Tucson
Phone number of the resort is 520-742-6000
4:30 pm TO 5:45 pm
HOPE TO SEE YOU THERE!!!
Condo owners beware
Fred Pilot sent me this link to a story originally located by Nancy Levy that bodes ill for NY condo and co-op owners on the taxation front.
When Elayne Wolfenhaut bought a one-bedroom condominium in Woodbury Heights after her husband's death, a big selling point was that the property taxes were a fraction of what she was paying on her house in Monroe. Wolfenhaut, 60, had planned to stay in her condo indefinitely. But now she's learned that legislation pending in Albany could double her $2,200 annual tax bill. She figures that's more than she can afford on her salary as a legal secretary. "Some people can't bear the burden of one more dollar," Kim Chiapperino Schuessler, president of the Woodbury Heights Homeowners Association, said yesterday. "It's just not right. And it's not right that we haven't heard anything about it." Bills are quietly moving through both the Assembly and Senate in Albany that would change how condominiums and cooperative housing complexes in New York are assessed for property tax purposes.
Fred Pilot sent me this link to a story originally located by Nancy Levy that bodes ill for NY condo and co-op owners on the taxation front.
When Elayne Wolfenhaut bought a one-bedroom condominium in Woodbury Heights after her husband's death, a big selling point was that the property taxes were a fraction of what she was paying on her house in Monroe. Wolfenhaut, 60, had planned to stay in her condo indefinitely. But now she's learned that legislation pending in Albany could double her $2,200 annual tax bill. She figures that's more than she can afford on her salary as a legal secretary. "Some people can't bear the burden of one more dollar," Kim Chiapperino Schuessler, president of the Woodbury Heights Homeowners Association, said yesterday. "It's just not right. And it's not right that we haven't heard anything about it." Bills are quietly moving through both the Assembly and Senate in Albany that would change how condominiums and cooperative housing complexes in New York are assessed for property tax purposes.
North Jersey Media Group: Standoff in Passaic: Home stormed over code violations!
...here's another example of the phenomenon mentioned immediately below--are municipal officials feeling pressured to keep up with HOAs in enforcement of property maintenance standards?
PASSAIC - A crackdown on city housing violations escalated into a standoff Monday when a homeowner refused to cooperate, prompting authorities to call in a SWAT team, one that broke down a door and shot her with non-lethal weapons. Code enforcement officials arrived about noon, wanting to talk about, among other things, broken windows and a deteriorating porch - violations written three months ago, said Community Development Director Donald Van Rensalier. It just so happened that 109 Quincy St. was smack in the middle of an area targeted in Operation Clean Sweep, one of the mayor's initiatives to rid the city of substandard housing.
...here's another example of the phenomenon mentioned immediately below--are municipal officials feeling pressured to keep up with HOAs in enforcement of property maintenance standards?
PASSAIC - A crackdown on city housing violations escalated into a standoff Monday when a homeowner refused to cooperate, prompting authorities to call in a SWAT team, one that broke down a door and shot her with non-lethal weapons. Code enforcement officials arrived about noon, wanting to talk about, among other things, broken windows and a deteriorating porch - violations written three months ago, said Community Development Director Donald Van Rensalier. It just so happened that 109 Quincy St. was smack in the middle of an area targeted in Operation Clean Sweep, one of the mayor's initiatives to rid the city of substandard housing.
Fight Against Code Violators Ongoing - from TBO.com
Fred Pilot passes along this example from HOA-loaded Tampa, FL, of a phenomenon I've been pointing out recently: cities that seem to be starting to emulate HOAs in the severity with which they approach code enforcement:
Mayor Pam Iorio made code enforcement a priority when she took office in April 2003. She followed that by signing an executive order in March that allows the city to foreclose on property owners who do not pay fines for violations. Along the way, she gave code inspectors laptops to enable them to spend more time on the streets and less in the office. She also helped streamline code violation cases in the criminal justice system by establishing a criminal code enforcement division. The council last month approved stiffer fines for code violators. Maximum fines for first-time offenders increase from $250 a day to $1,000 a day. Maximum fines for repeat violators climb from $500 a day to $5,000. People who repeatedly break city codes and don't pay fines could wind up in jail. A few people have.
Fred Pilot passes along this example from HOA-loaded Tampa, FL, of a phenomenon I've been pointing out recently: cities that seem to be starting to emulate HOAs in the severity with which they approach code enforcement:
Mayor Pam Iorio made code enforcement a priority when she took office in April 2003. She followed that by signing an executive order in March that allows the city to foreclose on property owners who do not pay fines for violations. Along the way, she gave code inspectors laptops to enable them to spend more time on the streets and less in the office. She also helped streamline code violation cases in the criminal justice system by establishing a criminal code enforcement division. The council last month approved stiffer fines for code violators. Maximum fines for first-time offenders increase from $250 a day to $1,000 a day. Maximum fines for repeat violators climb from $500 a day to $5,000. People who repeatedly break city codes and don't pay fines could wind up in jail. A few people have.
Daily Herald | DuPage County, Illinois: Naperville woman’s 100-pound dog fights off attacker
This dog is 70 pounds over the typical limit found in HOA covenants. Do you think an HOA-legal 30-pounder could have done the same thing?
Naperville police are crediting a woman’s 100-pound dog with saving her from further harm by an assailant near her apartment.Sgt. Joel Truemper said the woman, who police did not name, had taken her dog for a short walk around 11:30 p.m. Thursday when she was jumped from behind, knocked to the ground, choked and punched in the face. The woman’s dog, a Great Pyrenees, bit the attacker in the face and chest, she told police...
-----------
...at which point the 200 pound assailant decided discretion was the better part of cowardice and fled. He hasn't been located yet. In my non-HOA neighborhood nearly all the dogs are in the 50-pounds-plus category. There's a good reason for that.
This dog is 70 pounds over the typical limit found in HOA covenants. Do you think an HOA-legal 30-pounder could have done the same thing?
Naperville police are crediting a woman’s 100-pound dog with saving her from further harm by an assailant near her apartment.Sgt. Joel Truemper said the woman, who police did not name, had taken her dog for a short walk around 11:30 p.m. Thursday when she was jumped from behind, knocked to the ground, choked and punched in the face. The woman’s dog, a Great Pyrenees, bit the attacker in the face and chest, she told police...
-----------
...at which point the 200 pound assailant decided discretion was the better part of cowardice and fled. He hasn't been located yet. In my non-HOA neighborhood nearly all the dogs are in the 50-pounds-plus category. There's a good reason for that.
Saturday, May 14, 2005
Residents riled over new rules
Thanks to Fred Pilot for informing us about the one guy who hasn't (yet) been cited for a CC&R violation...
Bill Thompson admitted being one of the lucky homeowners at the Summit View subdivision in Severance. Thompson, 61, hadn't received any violation notices so far from Vintage Corp., a Greeley homeowners association management company, but he is keeping his fingers crossed. "I may have one today. I haven't been to the mailbox yet," joked Thompson.
Thanks to Fred Pilot for informing us about the one guy who hasn't (yet) been cited for a CC&R violation...
Bill Thompson admitted being one of the lucky homeowners at the Summit View subdivision in Severance. Thompson, 61, hadn't received any violation notices so far from Vintage Corp., a Greeley homeowners association management company, but he is keeping his fingers crossed. "I may have one today. I haven't been to the mailbox yet," joked Thompson.
Friday, May 13, 2005
Gazette.com: Taking back the neighborhood
From Fred Pilot by way of Patrick's HOA News, comes this story of a group of neighbors struggling to find a legal way to combat a property management company that is driving them nuts:
FALCON - Woodmen Hills homeowners are tired of being scolded for letting their children camp in the backyard, failing to scrub away oil spots in their driveways and parking cars on the streets. They’re also weary of fighting to rid their neighborhood of what they think is an overzealous property management company...
From Fred Pilot by way of Patrick's HOA News, comes this story of a group of neighbors struggling to find a legal way to combat a property management company that is driving them nuts:
FALCON - Woodmen Hills homeowners are tired of being scolded for letting their children camp in the backyard, failing to scrub away oil spots in their driveways and parking cars on the streets. They’re also weary of fighting to rid their neighborhood of what they think is an overzealous property management company...
nbc6.net - NBC 6 Special Projects - Locked Out
I think Patrick's HOA News is the finder of this story, sent to me by Fred Pilot. Tell me again why gated communities are safe?
MIAMI -- In an emergency, seconds count for rescue teams. But what NBC 6's Willard Shepard saw when he rode with fire rescue crews was amazing. Many of the emergency teams were locked out of gated South Florida housing developments, condos and apartment complexes.
I think Patrick's HOA News is the finder of this story, sent to me by Fred Pilot. Tell me again why gated communities are safe?
MIAMI -- In an emergency, seconds count for rescue teams. But what NBC 6's Willard Shepard saw when he rode with fire rescue crews was amazing. Many of the emergency teams were locked out of gated South Florida housing developments, condos and apartment complexes.
Vultures smell drop in hot Florida condo market - Yahoo! News
A handful of real estate entrepreneurs are forming "vulture capital" funds to pounce on what they call an inevitable downturn in an exploding south Florida real estate market fueled by foreign buyers searching for safe havens and aging baby boomers looking to downsize and move closer to the coast.
--------------------
Fred Pilot sent this. Condos get hit first when the economy hits the skids, or in this case when/if the real estate market goes sour. Are all those stories I've linked to over the last year or so about $350,000 condos being much in demand in California and Florida the precursor to the collapse of an overpriced market?
A handful of real estate entrepreneurs are forming "vulture capital" funds to pounce on what they call an inevitable downturn in an exploding south Florida real estate market fueled by foreign buyers searching for safe havens and aging baby boomers looking to downsize and move closer to the coast.
--------------------
Fred Pilot sent this. Condos get hit first when the economy hits the skids, or in this case when/if the real estate market goes sour. Are all those stories I've linked to over the last year or so about $350,000 condos being much in demand in California and Florida the precursor to the collapse of an overpriced market?
Wednesday, May 11, 2005
KESQ NewsChannel 3 Palm Springs, CA: Father, condo association at odd over yellow ribbons
Fred Pilot sends this, the latest attempt of a condo association to generate bad press for itself and cast the entire institution of private residential government into total disrepute. Way to go, gang!
SANTA ROSA, Calif. The father of a U-S airman serving in Iraq is at odds over with his condominium association about the yellow ribbons he has placed on his condo.
Fred Pilot sends this, the latest attempt of a condo association to generate bad press for itself and cast the entire institution of private residential government into total disrepute. Way to go, gang!
SANTA ROSA, Calif. The father of a U-S airman serving in Iraq is at odds over with his condominium association about the yellow ribbons he has placed on his condo.
Chicago Bans Hand-Held Phones for Drivers
So be careful when you cross the line dividing the People's Republic of Chicago from the United States of America :-}
So be careful when you cross the line dividing the People's Republic of Chicago from the United States of America :-}
Neighbors Get Letters From HOA With Names Of Sex Offenders Living Nearby - Yahoo! News
Fred Pilot finds a new wrinkle on neighborhood (association) watch:
People living near Arno Park in southwest Kansas City have received letters from their homeowners association with names of sex offenders living nearby.
Fred Pilot finds a new wrinkle on neighborhood (association) watch:
People living near Arno Park in southwest Kansas City have received letters from their homeowners association with names of sex offenders living nearby.
Attorney general backs some limits on flag flying - Wednesday, 05/11/05
Fred Pilot sent me this link to a story that is just hard to believe. How could a state attorney general come up with an opinion like this? The article has a link to the proposed bill and the AG opinion. I haven't had time to read it. But the article text is remarkable:
People in Tennessee don't have the right to hang an American flag in their yard or from their balcony if doing so runs afoul of neighborhood rules, the state attorney general said in an opinion yesterday.
The ruling came in response to a bill in the legislature that would have made flying the American flag always legal, even in neighborhoods or buildings with restrictive covenants. The bill had been prompted by a flag controversy in Williamson County.
Attorney General Paul Summers says the bill is probably unconstitutional on three fronts.
• First, he said, it tampers with existing contracts between homeowners and neighborhood associations.
• Second, it probably violates the right to free speech by choosing the American flag over other flags or messages people might want to display.
• Also, Summers said, it may be construed as a move by the state to interfere with private property rights without compensation.
--------------
I don't know if the article summarizes his position accurately (in fact, I'm hoping it doesn't), but all of these grounds stated in the article are wrong. First, there is no contract clause violation here; second, the argument that protecting the American flag violates free speech rights because it prefers the US flag over the White Hand of Sauron is ridiculous; third, the suggestion that this is a takings clause violation is so ludicrous that I have a hard time believing anybody with a law license, much less a state attorney general, could say it. Numerous states have laws protecting the display of the flag in HOAs. The issue is not whether flag protection laws violate the constitution. The issue is whether HOA covenants restricting flag displays violate the constitution.
ps:
I have now read the brief opinion from this AG. As I suspected, there is no authority cited that could remotely support these bizarre conclusions. This person simply has no familiarity whatsoever with the law on this particular subject. None. Nada. Zip. Zero. The opinion is based on uninformed speculation about the application of general constitutional provisions, without any understanding of the existing body of law on how those provisions have been applied to date. Any legislator could get better informed on these issues with one hour spent using LEXIS.
Fred Pilot sent me this link to a story that is just hard to believe. How could a state attorney general come up with an opinion like this? The article has a link to the proposed bill and the AG opinion. I haven't had time to read it. But the article text is remarkable:
People in Tennessee don't have the right to hang an American flag in their yard or from their balcony if doing so runs afoul of neighborhood rules, the state attorney general said in an opinion yesterday.
The ruling came in response to a bill in the legislature that would have made flying the American flag always legal, even in neighborhoods or buildings with restrictive covenants. The bill had been prompted by a flag controversy in Williamson County.
Attorney General Paul Summers says the bill is probably unconstitutional on three fronts.
• First, he said, it tampers with existing contracts between homeowners and neighborhood associations.
• Second, it probably violates the right to free speech by choosing the American flag over other flags or messages people might want to display.
• Also, Summers said, it may be construed as a move by the state to interfere with private property rights without compensation.
--------------
I don't know if the article summarizes his position accurately (in fact, I'm hoping it doesn't), but all of these grounds stated in the article are wrong. First, there is no contract clause violation here; second, the argument that protecting the American flag violates free speech rights because it prefers the US flag over the White Hand of Sauron is ridiculous; third, the suggestion that this is a takings clause violation is so ludicrous that I have a hard time believing anybody with a law license, much less a state attorney general, could say it. Numerous states have laws protecting the display of the flag in HOAs. The issue is not whether flag protection laws violate the constitution. The issue is whether HOA covenants restricting flag displays violate the constitution.
ps:
I have now read the brief opinion from this AG. As I suspected, there is no authority cited that could remotely support these bizarre conclusions. This person simply has no familiarity whatsoever with the law on this particular subject. None. Nada. Zip. Zero. The opinion is based on uninformed speculation about the application of general constitutional provisions, without any understanding of the existing body of law on how those provisions have been applied to date. Any legislator could get better informed on these issues with one hour spent using LEXIS.
KIROTV.com - News - Pink Flamingo Yard Ornaments Returned
Thank goodness. I was getting worried.
CENTRALIA, Wash. -- Five pink flamingo yard ornaments have returned to Tom Singer's home in Centralia as mysteriously as they disappeared.Singer says he found the ornaments on his porch last week with no note or explanation. When they were taken a week earlier, the bird-napper left a message demanding a ransom of candy bars be left in a mailbox or, it warned, pink heads would roll. Singer didn't pay. Instead he left a note saying to read the police blotter in the newspaper.
Thank goodness. I was getting worried.
CENTRALIA, Wash. -- Five pink flamingo yard ornaments have returned to Tom Singer's home in Centralia as mysteriously as they disappeared.Singer says he found the ornaments on his porch last week with no note or explanation. When they were taken a week earlier, the bird-napper left a message demanding a ransom of candy bars be left in a mailbox or, it warned, pink heads would roll. Singer didn't pay. Instead he left a note saying to read the police blotter in the newspaper.
HOUSE GIVES FINAL APPROVAL TO MOXIE BILL
Moxie, that distinctively flavored soda that dates back to patent medicine days, is a step closer to becoming Maine's state drink.
-------------
I was born in Maine, and I have actually tasted Moxie. I think that entitles me to ask why government officials would do a thing like this. The phrase "distinctively flavored" doesn't quite capture it. "Horrible tasting" would be closer to the mark. If you want a "distinctively flavored soda" that actually tastes good, try the Scottish Irn-Bru, which is hard to find unless you are strolling around Glasgow, or the Texas-made drink that is the closest to it, Big Red, according to my 14 year old son, Hunter.
Moxie, that distinctively flavored soda that dates back to patent medicine days, is a step closer to becoming Maine's state drink.
-------------
I was born in Maine, and I have actually tasted Moxie. I think that entitles me to ask why government officials would do a thing like this. The phrase "distinctively flavored" doesn't quite capture it. "Horrible tasting" would be closer to the mark. If you want a "distinctively flavored soda" that actually tastes good, try the Scottish Irn-Bru, which is hard to find unless you are strolling around Glasgow, or the Texas-made drink that is the closest to it, Big Red, according to my 14 year old son, Hunter.
CNN.com - Slave cabin in Maryland to be restored - Will be surrounded by affluent African-American community
This developer had a project underway in PG County, and ran into a little piece of local history:
A tumbledown shack believed to be the only slave cabin left in Prince George's County will be restored in the field where it was found. And surrounding it will be a neighborhood of million-dollar homes, most of which will probably be owned by African-Americans...About 18 months ago developer Haverford Homes came up with plans to build "estate homes" on a 116-acre portion of the tract, each on lots of five acres or more, over the next few years. But while the land was being surveyed, a couple who lived in the former planter's house told the company about the cabin.
This developer had a project underway in PG County, and ran into a little piece of local history:
A tumbledown shack believed to be the only slave cabin left in Prince George's County will be restored in the field where it was found. And surrounding it will be a neighborhood of million-dollar homes, most of which will probably be owned by African-Americans...About 18 months ago developer Haverford Homes came up with plans to build "estate homes" on a 116-acre portion of the tract, each on lots of five acres or more, over the next few years. But while the land was being surveyed, a couple who lived in the former planter's house told the company about the cabin.
Homeowners liable for stormwater?
Thanks to Fred Pilot for forwarding this link. More municipal mandates requiring developers to create HOAs, because municipalities want the HOAs to do what would otherwise be their responsibility. Nothing like forcing these "volunteers" to work for nothing, is there? And if it leads to creating another level of government that operates without constitutional limits and is loaded with people who have no idea what they're doing, well, that's the way the cookie crumbles, I guess...
The Fayette County Commission may soon make homeowners’ associations mandatory for all new subdivisions in the county. That’s one of the options the county’s leaders are considering to comply with tough new storm-water management requirements established by the Metropolitan North Georgia Water Planning District. Phil Mallon, who works in the county’s engineering department, briefed the board on the preferred option. He suggested that all inspection and maintenance of any storm-water collection areas, such as detention ponds, be placed with the subdivision’s homeowners’ association. The county would monitor the group’s compliance with the ordinance and if the group failed to maintain standards, each homeowner would be assessed for the county’s work on their next tax bill.
Thanks to Fred Pilot for forwarding this link. More municipal mandates requiring developers to create HOAs, because municipalities want the HOAs to do what would otherwise be their responsibility. Nothing like forcing these "volunteers" to work for nothing, is there? And if it leads to creating another level of government that operates without constitutional limits and is loaded with people who have no idea what they're doing, well, that's the way the cookie crumbles, I guess...
The Fayette County Commission may soon make homeowners’ associations mandatory for all new subdivisions in the county. That’s one of the options the county’s leaders are considering to comply with tough new storm-water management requirements established by the Metropolitan North Georgia Water Planning District. Phil Mallon, who works in the county’s engineering department, briefed the board on the preferred option. He suggested that all inspection and maintenance of any storm-water collection areas, such as detention ponds, be placed with the subdivision’s homeowners’ association. The county would monitor the group’s compliance with the ordinance and if the group failed to maintain standards, each homeowner would be assessed for the county’s work on their next tax bill.
Tuesday, May 10, 2005
Assembly OKs notice requirements for delinquent assessments - Yahoo! News
Fred Pilot sends news on the foreclosure reform front from the land of the Governator, who vetoed something similar last year from Senator Ducheny but invited a new foreclosure bill for this year. The Assembly bill is AB 619, and it is linked to Senator Ducheny's new bill, SB 137, and you can locate them at the California Assembly legislative information website
SACRAMENTO (AP) -- Homeowners' associations would have to give adequate notice before beginning foreclosure proceedings against a homeowner under a bill approved Monday by the state Assembly. The measure by Assemblyman Tim Leslie, R-Tahoe City, would require the association to send notifications regarding delinquent assessments and foreclosure proceedings to both the homeowner's primary address as well as any secondary address. It would also require the association to offer the homeowner a plan to pay off the assessments. Any decision to begin foreclosure proceedings would have to be made at a meeting of the association's board of directors.
Fred Pilot sends news on the foreclosure reform front from the land of the Governator, who vetoed something similar last year from Senator Ducheny but invited a new foreclosure bill for this year. The Assembly bill is AB 619, and it is linked to Senator Ducheny's new bill, SB 137, and you can locate them at the California Assembly legislative information website
SACRAMENTO (AP) -- Homeowners' associations would have to give adequate notice before beginning foreclosure proceedings against a homeowner under a bill approved Monday by the state Assembly. The measure by Assemblyman Tim Leslie, R-Tahoe City, would require the association to send notifications regarding delinquent assessments and foreclosure proceedings to both the homeowner's primary address as well as any secondary address. It would also require the association to offer the homeowner a plan to pay off the assessments. Any decision to begin foreclosure proceedings would have to be made at a meeting of the association's board of directors.
Quote of the week:
The provenance of this quote is: from Fred Pilot, forwarding a post from Beanie Adolph to the HOAs newsgroup on Yahoo, who in turn cited the Houston Chronicle:
From The Houston Chronicle
City and State Section
Page B-3
May 10, 2005
Quote of the Day
"Nowhere else in this country are we seeing homeowners' associations with this kind of power taking people's homes. And if this is going on in another country, we call them Communist, we call them evil for taking people's homes."
-Rep. Kevin Bailey, D-Houston, arguing in favor of HB 2215, which protects homeowners through increased notification and judicial procedures before a home can be foreclosed.
The provenance of this quote is: from Fred Pilot, forwarding a post from Beanie Adolph to the HOAs newsgroup on Yahoo, who in turn cited the Houston Chronicle:
From The Houston Chronicle
City and State Section
Page B-3
May 10, 2005
Quote of the Day
"Nowhere else in this country are we seeing homeowners' associations with this kind of power taking people's homes. And if this is going on in another country, we call them Communist, we call them evil for taking people's homes."
-Rep. Kevin Bailey, D-Houston, arguing in favor of HB 2215, which protects homeowners through increased notification and judicial procedures before a home can be foreclosed.
Here's what they celebrate in Esperantina, Brazil...
Sent in by Fred Pilot--a PG-13 link, so beware.
Monday, May 09, 2005
Condo ombudsman criticizes state agency: South Florida Sun-Sentinel
Fred Pilot sent along this piece by way of Patrick's HOA News. Seems Virgil Rizzo is getting angry, and you wouldn't like him whent he's angry...
The state agency charged with regulating condominiums, already the subject of a scathing report by the Legislature, came under attack on Friday by Florida's new condominium ombudsman. In his report, Ombudsman Virgil Rizzo of Fort Lauderdale said procedures used by the Division of Florida Land Sales, Condominiums & Mobile Homes "are not only confusing, obsolete and impractical, but also ineffective, inefficient, antiquated and in serious need of complete revision."
Fred Pilot sent along this piece by way of Patrick's HOA News. Seems Virgil Rizzo is getting angry, and you wouldn't like him whent he's angry...
The state agency charged with regulating condominiums, already the subject of a scathing report by the Legislature, came under attack on Friday by Florida's new condominium ombudsman. In his report, Ombudsman Virgil Rizzo of Fort Lauderdale said procedures used by the Division of Florida Land Sales, Condominiums & Mobile Homes "are not only confusing, obsolete and impractical, but also ineffective, inefficient, antiquated and in serious need of complete revision."
Making room for everyone
Immigrants squeezed between need for housing, occupancy codes
Mystery Reader sent this link to a story about what is probably going to be a common situation:
...on July 8, 2003, when the family of four had barely settled into the two-bedroom townhouse in west suburban Villa Park, a letter arrived from the homeowners association saying local codes would allow only three people to live in the townhouse. According to the DuPage County codes that cover the unincorporated neighborhood the Moras had moved into, the townhouse's small second bedroom could accommodate just one person, not the couple's two sons. When the Moras unwittingly ran afoul of the local occupancy code, they got caught in a bind that housing experts say is increasingly common for immigrants in the Chicago area. Struggling to afford housing, they may put more people in one home than codes designed to protect health and safety will allow. And when municipal code-enforcement officers point that out, something's got to give.
Immigrants squeezed between need for housing, occupancy codes
Mystery Reader sent this link to a story about what is probably going to be a common situation:
...on July 8, 2003, when the family of four had barely settled into the two-bedroom townhouse in west suburban Villa Park, a letter arrived from the homeowners association saying local codes would allow only three people to live in the townhouse. According to the DuPage County codes that cover the unincorporated neighborhood the Moras had moved into, the townhouse's small second bedroom could accommodate just one person, not the couple's two sons. When the Moras unwittingly ran afoul of the local occupancy code, they got caught in a bind that housing experts say is increasingly common for immigrants in the Chicago area. Struggling to afford housing, they may put more people in one home than codes designed to protect health and safety will allow. And when municipal code-enforcement officers point that out, something's got to give.
Study Shows Traffic Keeps Getting Worse - Yahoo! News
Fred Pilot passed this along. Makes you wonder how people will get to work from all those nice new HOA-run homes.
WASHINGTON - If getting stuck in traffic makes you want to roll down your car window and scream, look no further than another of those studies to find the bad news: Gridlock is getting worse. Congestion delayed travelers 79 million more hours and wasted 69 million more gallons of fuel in 2003 than in 2002, the Texas Transportation Institute's 2005 Urban Mobility Report found.
Fred Pilot passed this along. Makes you wonder how people will get to work from all those nice new HOA-run homes.
WASHINGTON - If getting stuck in traffic makes you want to roll down your car window and scream, look no further than another of those studies to find the bad news: Gridlock is getting worse. Congestion delayed travelers 79 million more hours and wasted 69 million more gallons of fuel in 2003 than in 2002, the Texas Transportation Institute's 2005 Urban Mobility Report found.
The Brunswick News: City peeks at what could be
Nancy Levy sent this link to a piece on city leaders trying to figure out how to make their communities "bounce back." Now, take a look at this language from the item:
"Taking its cue from federal efforts to increase first-time home buyers through homeowners associations, the city launched a Rent-to-Own program designed to provide quality, low-cost housing for qualifying low- to moderate-income families and individuals."
------------------
I'm wondering (but I don't know) if this is a reference to the HOPE VI program, that was used to rebuild public housing projects a mixed-use developments with market rate housing, subsidized housing, and apartments, but run by HOAs. This was done to Cabrini Green, Robert Taylor Homes, etc., in Chicago.
Nancy Levy sent this link to a piece on city leaders trying to figure out how to make their communities "bounce back." Now, take a look at this language from the item:
"Taking its cue from federal efforts to increase first-time home buyers through homeowners associations, the city launched a Rent-to-Own program designed to provide quality, low-cost housing for qualifying low- to moderate-income families and individuals."
------------------
I'm wondering (but I don't know) if this is a reference to the HOPE VI program, that was used to rebuild public housing projects a mixed-use developments with market rate housing, subsidized housing, and apartments, but run by HOAs. This was done to Cabrini Green, Robert Taylor Homes, etc., in Chicago.
Racism, in deed (HamptonRoads.com/Pilot Online)
Thanks to Nancy Levy for spotting this story on the continued existence of race restrictive covenants that includes some comments from me:
PORTSMOUTH – When Cephas and Jessie Wright found their dream home in 1962, they knew they were not welcome in Prentis Park. “In order to look at the house, we had to come at night,” Cephas said. “You didn’t have to tell us why. We knew what it was. That was the times back then.” The homeowners admitted to the Wrights they had promised their neighbors they would not sell to a black family. But it wasn’t until 25 years later that the couple learned that racial discrimination in Prentis Park was based on more than a handshake. The deed arrived by mail after the Wrights made their final mortgage payment. Cephas leafed through the document and stared in amazement at one page that read: “no part of the property hereby conveyed shall be sold, leased or otherwise disposed of, to any Negro or persons of African descent.”...Though they’re void, those restrictions still can be found on deeds for many homes built in the 1920s, ’30s and ’40s. Fair-housing advocates say the offensive language should be removed. They plan to ask the Virginia legislature to pass a law next year that would automatically strike discriminatory clauses from deeds whenever property is sold...Evan McKenzie, a professor of political science at the University of Illinois at Chicago, believes all racist restrictions should be removed from deeds and homeowners association bylaws, but he said no state has been that ambitious. “These covenants are insulting and stigmatizing,” said McKenzie, who has written about the use of covenants by homeowners associations. “I can’t prove it but there’s a tremendous amount of racial discrimination going on in the sale and renting of houses. If you drive through the neighborhoods, particularly, suburban neighborhoods, you will see a lot of segregation even though it’s illegal.” McKenzie said racial covenants first appeared after the Civil War but became more common after World War I, when black families moved to cities in search of industrial jobs. Most covenants were written into deeds by developers of suburban housing projects, he said. In other cases, real estate agents or homeowners themselves organized associations in existing neighborhoods to block integration. Even where those associations have disbanded, covenants remain on the deeds.
Thanks to Nancy Levy for spotting this story on the continued existence of race restrictive covenants that includes some comments from me:
PORTSMOUTH – When Cephas and Jessie Wright found their dream home in 1962, they knew they were not welcome in Prentis Park. “In order to look at the house, we had to come at night,” Cephas said. “You didn’t have to tell us why. We knew what it was. That was the times back then.” The homeowners admitted to the Wrights they had promised their neighbors they would not sell to a black family. But it wasn’t until 25 years later that the couple learned that racial discrimination in Prentis Park was based on more than a handshake. The deed arrived by mail after the Wrights made their final mortgage payment. Cephas leafed through the document and stared in amazement at one page that read: “no part of the property hereby conveyed shall be sold, leased or otherwise disposed of, to any Negro or persons of African descent.”...Though they’re void, those restrictions still can be found on deeds for many homes built in the 1920s, ’30s and ’40s. Fair-housing advocates say the offensive language should be removed. They plan to ask the Virginia legislature to pass a law next year that would automatically strike discriminatory clauses from deeds whenever property is sold...Evan McKenzie, a professor of political science at the University of Illinois at Chicago, believes all racist restrictions should be removed from deeds and homeowners association bylaws, but he said no state has been that ambitious. “These covenants are insulting and stigmatizing,” said McKenzie, who has written about the use of covenants by homeowners associations. “I can’t prove it but there’s a tremendous amount of racial discrimination going on in the sale and renting of houses. If you drive through the neighborhoods, particularly, suburban neighborhoods, you will see a lot of segregation even though it’s illegal.” McKenzie said racial covenants first appeared after the Civil War but became more common after World War I, when black families moved to cities in search of industrial jobs. Most covenants were written into deeds by developers of suburban housing projects, he said. In other cases, real estate agents or homeowners themselves organized associations in existing neighborhoods to block integration. Even where those associations have disbanded, covenants remain on the deeds.
Sunday, May 08, 2005
FLORIDA LEGISLATIVE SESSION ENDS -- OWNERS 0 -- ATTORNEYS 0
Here's an assessment of the legislative session bottom line, by Jan Bergemann of Cyber Citizens for Justice:
An Opinion By Jan Bergemann
Published May 7, 2005
The Florida Legislative Session 2005 ended and all bills filed relating to community associations died without ever getting a full vote of House and Senate.
[more]
Here's an assessment of the legislative session bottom line, by Jan Bergemann of Cyber Citizens for Justice:
An Opinion By Jan Bergemann
Published May 7, 2005
The Florida Legislative Session 2005 ended and all bills filed relating to community associations died without ever getting a full vote of House and Senate.
[more]
Saturday, May 07, 2005
Entire State of Maine may be propelled one hour into the future by legislative fiat
(AP) Mainers would join their neighbors in the Canadian Maritime Province in the Atlantic Time Zone if a bill that advanced in a legislative committee becomes a law. The State and Local Government Committee voted unanimously to approve the bill putting Maine in a zone where it's an hour later.
(AP) Mainers would join their neighbors in the Canadian Maritime Province in the Atlantic Time Zone if a bill that advanced in a legislative committee becomes a law. The State and Local Government Committee voted unanimously to approve the bill putting Maine in a zone where it's an hour later.
Friday, May 06, 2005
"We have not heard anyone suggesting that CID law is fine the way it is."
So says the California Law Revision Commission. A report worth reading.
So says the California Law Revision Commission. A report worth reading.
Editor's Notes: Decades of doom ahead in Poconos?
We used to live near the Poconos and vacationed there. Here's a link sent by Nancy Levy that predicts a grim future, courtesy of overdevelopment. Thousands of new homes built as "resorts sell out to developers," students added to the school districts, tax hikes, inadequate infrastructure, rising crime...everything but a plague of locusts. I hope he's wrong, but it's worth reading as a parable for communities facing a high rate of new residential construction.
This is a far-reaching column that could be summed up by writing: "The Poconos appears doomed." Not doomed for eternity, perhaps, but certainly for decades...
We used to live near the Poconos and vacationed there. Here's a link sent by Nancy Levy that predicts a grim future, courtesy of overdevelopment. Thousands of new homes built as "resorts sell out to developers," students added to the school districts, tax hikes, inadequate infrastructure, rising crime...everything but a plague of locusts. I hope he's wrong, but it's worth reading as a parable for communities facing a high rate of new residential construction.
This is a far-reaching column that could be summed up by writing: "The Poconos appears doomed." Not doomed for eternity, perhaps, but certainly for decades...
Local Bomb Shell Landmark Stolen
The things you can do when you don't have an HOA...
Carbondale, IL - For the last forty years, the Gibson family proudly displayed an old World War II bomb shell in their Carbondale yard. The six foot tall, 350 pound shell was certainly hard to miss, as drivers passed by it on Giant City road. Some even describe it as a local landmark. But, over the weekend, the bomb turned up missing. The Gibson's think someone stole it, but they're not sure how thieves could yank the heavy shell out from the ground, and not get spotted, along their busy street.
The things you can do when you don't have an HOA...
Carbondale, IL - For the last forty years, the Gibson family proudly displayed an old World War II bomb shell in their Carbondale yard. The six foot tall, 350 pound shell was certainly hard to miss, as drivers passed by it on Giant City road. Some even describe it as a local landmark. But, over the weekend, the bomb turned up missing. The Gibson's think someone stole it, but they're not sure how thieves could yank the heavy shell out from the ground, and not get spotted, along their busy street.
Ribbons divide SR homeowners
Fred Pilot sent this along from California--tie a yellow ribbon 'round the old oak tree, and your condo association comes after you...
When Dave Pinsky's son was shipped to Iraq with the Air Force Reserves the day after Christmas, the concerned father put up yellow ribbons in front of his Santa Rosa condominium.The ribbons, which the Vietnam veteran and sympathetic neighbors placed on the outside of their Fountaingrove condos and tied around trees, represented their hope that Senior Master Sgt. Brian Pinsky would return safely to the United States.But that gesture landed Pinsky and his neighbors, Bob and Barbara Abbott, in hot water with the board of directors of the Stonefield Condominium Homeowners Association...One Stonefield resident, who did not want to be identified, said the ribbons made the area look like a used car lot.
Fred Pilot sent this along from California--tie a yellow ribbon 'round the old oak tree, and your condo association comes after you...
When Dave Pinsky's son was shipped to Iraq with the Air Force Reserves the day after Christmas, the concerned father put up yellow ribbons in front of his Santa Rosa condominium.The ribbons, which the Vietnam veteran and sympathetic neighbors placed on the outside of their Fountaingrove condos and tied around trees, represented their hope that Senior Master Sgt. Brian Pinsky would return safely to the United States.But that gesture landed Pinsky and his neighbors, Bob and Barbara Abbott, in hot water with the board of directors of the Stonefield Condominium Homeowners Association...One Stonefield resident, who did not want to be identified, said the ribbons made the area look like a used car lot.
Tri-City Herald: Opinions
Nancy Levy sent the link to this story out of Washington State. Now can the other 49 please get in line?
Thanks to a bill sponsored by Sen. Don Benton, R-Vancouver, passed by both houses of the Legislature and signed into law by Gov. Christine Gregoire, some homeowners have had their rights restored. Imagine that. It turns out that some homeowner associations have ruled their residents cannot erect political signs in their yards. Even during the election season. Benton said the governor was pretty happy about the new law. After he thanked Gregoire for signing his bill, Benton recalled, "She said that she was excited about it because her own mother was prohibited by her homeowners association from displaying a "Gregoire for Governor" yard sign.
Nancy Levy sent the link to this story out of Washington State. Now can the other 49 please get in line?
Thanks to a bill sponsored by Sen. Don Benton, R-Vancouver, passed by both houses of the Legislature and signed into law by Gov. Christine Gregoire, some homeowners have had their rights restored. Imagine that. It turns out that some homeowner associations have ruled their residents cannot erect political signs in their yards. Even during the election season. Benton said the governor was pretty happy about the new law. After he thanked Gregoire for signing his bill, Benton recalled, "She said that she was excited about it because her own mother was prohibited by her homeowners association from displaying a "Gregoire for Governor" yard sign.
Midlothian Wood in Midlothian Virginia by Tascon Group
Nancy Levy seems to have solved the mystery of what a "ranch style condominium" looks like. This link goes to a drawing of something that, Nancy notes, looks like what most of us would call a townhome or row house. I still say the term is an oxymoron. Ranch style housing is intentionally sprawling and was designed for places where residential density was very low and therefore land was cheap. Condos were created expressly for high-density living in places where land is expensive--such as beach and resort areas and central cities. Maybe the ranch-style condos in these ads are jsut a condo association form of ownership in a row house setting. Easy enough, and done all the time. So--why not just call them townhomes like everybody else?
Nancy Levy seems to have solved the mystery of what a "ranch style condominium" looks like. This link goes to a drawing of something that, Nancy notes, looks like what most of us would call a townhome or row house. I still say the term is an oxymoron. Ranch style housing is intentionally sprawling and was designed for places where residential density was very low and therefore land was cheap. Condos were created expressly for high-density living in places where land is expensive--such as beach and resort areas and central cities. Maybe the ranch-style condos in these ads are jsut a condo association form of ownership in a row house setting. Easy enough, and done all the time. So--why not just call them townhomes like everybody else?
Cox forced to release documents to regulators:Ariz. probe looks into service deals
Fred Pilot sent this AZ Republic piece. Background: starting back in the 1980s, developers would cut deals with cable TV companies. In exchange for a covenant stating "no exterior antennas," the cable TV provider would run cable to the units for free. That meant that all owners would have to choose between paying for cable TV service and adjusting a set of rabbit ears (some people wrapped them in aluminum foil for better reception). Now, in the 21st century, we have these allegations of "preferred provider agreements":
--------------------
Arizona regulators Wednesday took the unusual step of asking a judge to force Cox to hand over documents relating to a statewide review of exclusive deals reached between the communications company and private developers...Michael Patten, a lawyer representing Cox, said the company's slow response was due to miscommunication, timing and a pending federal antitrust investigation of a deal that Cox reached to become the main provider of communications for the Vistancia master-planned community in Peoria...The state agency has two ongoing cases involving the issue of preferred providers, exclusive deals reached between developers and telecommunications companies in new-home communities.
Fred Pilot sent this AZ Republic piece. Background: starting back in the 1980s, developers would cut deals with cable TV companies. In exchange for a covenant stating "no exterior antennas," the cable TV provider would run cable to the units for free. That meant that all owners would have to choose between paying for cable TV service and adjusting a set of rabbit ears (some people wrapped them in aluminum foil for better reception). Now, in the 21st century, we have these allegations of "preferred provider agreements":
--------------------
Arizona regulators Wednesday took the unusual step of asking a judge to force Cox to hand over documents relating to a statewide review of exclusive deals reached between the communications company and private developers...Michael Patten, a lawyer representing Cox, said the company's slow response was due to miscommunication, timing and a pending federal antitrust investigation of a deal that Cox reached to become the main provider of communications for the Vistancia master-planned community in Peoria...The state agency has two ongoing cases involving the issue of preferred providers, exclusive deals reached between developers and telecommunications companies in new-home communities.
Majority of Californians make less than half the income needed to buy a home - Yahoo! News
California households are making less than half the income necessary to buy a median-priced home in the first quarter of 2005.Statewide households, with a median household income of $53,540, are $60,380 short of the $113,920 qualifying income needed to purchase a median-priced home at $488,600 in California, according to the California Association of Realtors (C.A.R.) Homebuyer Income Gap Index (HIGI) report for the first quarter of 2005...For Southern California, the median-priced home was $477,660, which required a qualifying income of $111,370 to make the monthly PITI payment of $2,780. However, the median household income for Southern California was $52,050, leaving an income shortfall of $59,320.
-------------
Wow. As Fred Pilot points out, this could monkey wrench the HOA boom in California. With condos now averaging over 350K in the San Fernando Valley and San Diego, even those glorified apartments are out of reach for people making the median income.
California households are making less than half the income necessary to buy a median-priced home in the first quarter of 2005.Statewide households, with a median household income of $53,540, are $60,380 short of the $113,920 qualifying income needed to purchase a median-priced home at $488,600 in California, according to the California Association of Realtors (C.A.R.) Homebuyer Income Gap Index (HIGI) report for the first quarter of 2005...For Southern California, the median-priced home was $477,660, which required a qualifying income of $111,370 to make the monthly PITI payment of $2,780. However, the median household income for Southern California was $52,050, leaving an income shortfall of $59,320.
-------------
Wow. As Fred Pilot points out, this could monkey wrench the HOA boom in California. With condos now averaging over 350K in the San Fernando Valley and San Diego, even those glorified apartments are out of reach for people making the median income.
Thursday, May 05, 2005
Update on churlish town - Removing mom's signs brings scorn to Cape CoralPeople from across the United States and as far away as Nova Scotia spent Wednesday telling Cape Coral officials they're un-American, communists and Nazis — among other things.
The name calling came in an onslaught of e-mail that blasted a city worker for removing signs and yellow ribbons a mother had posted to greet her U.S. Army daughter as she returned home from Iraq.
After receiving more than 100 e-mails, city officials went into damage control.
The name calling came in an onslaught of e-mail that blasted a city worker for removing signs and yellow ribbons a mother had posted to greet her U.S. Army daughter as she returned home from Iraq.
After receiving more than 100 e-mails, city officials went into damage control.
Developer plans world's tallest condo -- 110 stories -- in Miami
With "1000 condo units and 500 apartments and hotel rooms," I think the BOD meetings should be entertaining, and perhaps good for a situation comedy.
With "1000 condo units and 500 apartments and hotel rooms," I think the BOD meetings should be entertaining, and perhaps good for a situation comedy.
Wednesday, May 04, 2005
Romeo, Michigan: site of the world's first ranch-style condominiums...??
Fred Pilot found this, but don't ask me how (update: The trail leads back to the HOAS Yahoo newsgroup, where Nancy Levy posted it originally). The Michigan Department of Oxymorons will have to OK this proposal, I think. I guess the idea must be to string the condos together in a nice, rambling, single-story, line?
During the Planning Commission public hearing on the request in November, Anthony Lombardo of Michibay West told the commission that ranch-style condominiums were planned for the property.
Fred Pilot found this, but don't ask me how (update: The trail leads back to the HOAS Yahoo newsgroup, where Nancy Levy posted it originally). The Michigan Department of Oxymorons will have to OK this proposal, I think. I guess the idea must be to string the condos together in a nice, rambling, single-story, line?
During the Planning Commission public hearing on the request in November, Anthony Lombardo of Michibay West told the commission that ranch-style condominiums were planned for the property.
Click2Houston.com - Money - Houston Woman Loses $270,000 House Over $420 Bill: State Senator Wants To Outlaw Non-Judicial Foreclosures
How can the industry continue to claim that these things don't happen? This article even contains a photo of the house, and it is a beauty. So, here's the latest publicized victim of foreclosure abuse. And a legislator is ready to do something. The only rational public policy response to such outrages is a complete ban on nonjudicial foreclosure by HOAs. Making the HOA go before a judge would restore some sanity to this process. I can't believe that any rational judge would have allowed this sale to go forward.
------------
HOUSTON -- A Houston woman lost a $270,000 home she owned free and clear because of a $420 debt to a homeowner's association, Local 2 reported Wednesday.Pamela Bernhardt owned a two-story, four-bedroom rental home with a swimming pool in the 14200 block of Swallowfield in southwest Houston. She just spent $48,000 renovating it. "It has hardwood floors, granite countertops, stainless appliances and all new tile in the bathroom," Bernhardt said. The Briarhills Homeowner's Association sold it after Bernhardt did not pay a $420 assessment fee.
How can the industry continue to claim that these things don't happen? This article even contains a photo of the house, and it is a beauty. So, here's the latest publicized victim of foreclosure abuse. And a legislator is ready to do something. The only rational public policy response to such outrages is a complete ban on nonjudicial foreclosure by HOAs. Making the HOA go before a judge would restore some sanity to this process. I can't believe that any rational judge would have allowed this sale to go forward.
------------
HOUSTON -- A Houston woman lost a $270,000 home she owned free and clear because of a $420 debt to a homeowner's association, Local 2 reported Wednesday.Pamela Bernhardt owned a two-story, four-bedroom rental home with a swimming pool in the 14200 block of Swallowfield in southwest Houston. She just spent $48,000 renovating it. "It has hardwood floors, granite countertops, stainless appliances and all new tile in the bathroom," Bernhardt said. The Briarhills Homeowner's Association sold it after Bernhardt did not pay a $420 assessment fee.
Barred From the Website Forum: But Can the Association Do That?
Good LA Times article on HOAs and the First Amendment where the internet is concerned--comment from me at the end of the article, also quote from Frank Askin. Can your HOA ban you from their message board? Read and see...
Good LA Times article on HOAs and the First Amendment where the internet is concerned--comment from me at the end of the article, also quote from Frank Askin. Can your HOA ban you from their message board? Read and see...
The News-Press: Cape Coral - Mom upset after Cape official pulls 'Welcome Back Soldier' sign
I have this uneasy sensation that suburban municipalities are gradually behaving more and more like HOAs. It's a bit like that old SF movie, "Invasion of the Body Snatchers." The city goes to sleep, and somebody puts a pod down next to it. In the morning the city is gone, and a pod-city that looks just like the city but acts like an HOA has taken its place.
A Cape Coral mother was upset Tuesday when a city worker removed a small, homemade sign and yellow ribbons, welcoming her daughter home from Iraq, for violating a local ordinance.
I have this uneasy sensation that suburban municipalities are gradually behaving more and more like HOAs. It's a bit like that old SF movie, "Invasion of the Body Snatchers." The city goes to sleep, and somebody puts a pod down next to it. In the morning the city is gone, and a pod-city that looks just like the city but acts like an HOA has taken its place.
A Cape Coral mother was upset Tuesday when a city worker removed a small, homemade sign and yellow ribbons, welcoming her daughter home from Iraq, for violating a local ordinance.
Tuesday, May 03, 2005
New Jersey: Panel boosts bill on homeowner groups
Seems that CAI is happy and owner groups are not--at least, that's the way the story presents it.
Legislation defining the rights and responsibilities of the 1.2 million New Jerseyans who live in communities governed by homeowners associations and condo or co-op boards was approved yesterday by an Assembly committee. The bill, based on a national model law and the recommendations of a 1998 Assembly task force, "has been in the making for a very long time," according to its sponsor, Assemblyman Wilfredo Caraballo (D-Essex). He said it attempts to "find a fair balance" between the rights of individual residents and those of the larger community. The bill declares that residents of association-governed communities have certain rights that include "a fair and effective method of resolving disputes," running for election, watching their association operate in the open and access to its records. Their obligations include maintaining their properties according to community standards, paying all fees and assessments on time and obeying rules adopted by their association. For the first time in New Jersey, it would unify scattered provisions of law dealing with homeowners associations, condo boards and governing bodies of co-op apartments. Recognizing that such community associations perform "quasi-governmental functions," such as fining residents for violating rules, it also subjects them to greater oversight by the state Department of Community Affairs.
...
Seems that CAI is happy and owner groups are not--at least, that's the way the story presents it.
Legislation defining the rights and responsibilities of the 1.2 million New Jerseyans who live in communities governed by homeowners associations and condo or co-op boards was approved yesterday by an Assembly committee. The bill, based on a national model law and the recommendations of a 1998 Assembly task force, "has been in the making for a very long time," according to its sponsor, Assemblyman Wilfredo Caraballo (D-Essex). He said it attempts to "find a fair balance" between the rights of individual residents and those of the larger community. The bill declares that residents of association-governed communities have certain rights that include "a fair and effective method of resolving disputes," running for election, watching their association operate in the open and access to its records. Their obligations include maintaining their properties according to community standards, paying all fees and assessments on time and obeying rules adopted by their association. For the first time in New Jersey, it would unify scattered provisions of law dealing with homeowners associations, condo boards and governing bodies of co-op apartments. Recognizing that such community associations perform "quasi-governmental functions," such as fining residents for violating rules, it also subjects them to greater oversight by the state Department of Community Affairs.
...
ThisisLondon: Microphones to catch noisy neighbours
Coming soon, to an HOA near you?
Noisy neighbours have become a scourge of modern life, resulting in stress, sleepless nights and even violence. Now Westminster Council hopes a new wireless microphone could help tackle the problem. It plans to attach the device to lamp posts outside houses, allowing inspectors to monitor sound levels.
Coming soon, to an HOA near you?
Noisy neighbours have become a scourge of modern life, resulting in stress, sleepless nights and even violence. Now Westminster Council hopes a new wireless microphone could help tackle the problem. It plans to attach the device to lamp posts outside houses, allowing inspectors to monitor sound levels.
Monday, May 02, 2005
Developers Eye Land Along Everglades - Yahoo! News
I expect that the residential developments will have covenants prohibiting alligators weighing more than 30 pounds. But enforcement could be a challenge.
-----------
This landscape, the only subtropical farm region in the continental United States, is protected by a boundary line that was drawn two decades ago to keep development from pushing westward.Now, to the dismay of farmers...developers are snapping up Miami-Dade County's dwindling open land and hoping to persuade politicians to push the boundary line closer toward the Everglades.
I expect that the residential developments will have covenants prohibiting alligators weighing more than 30 pounds. But enforcement could be a challenge.
-----------
This landscape, the only subtropical farm region in the continental United States, is protected by a boundary line that was drawn two decades ago to keep development from pushing westward.Now, to the dismay of farmers...developers are snapping up Miami-Dade County's dwindling open land and hoping to persuade politicians to push the boundary line closer toward the Everglades.
Chicago Tribune | Supermarkets sit empty as deeds block new grocers
Here's a use of restrictive covenants that you don't encounter every day:
When the Dominick's store in West Lawn closed last spring, ending more than two decades in the Southwest Side neighborhood, residents expected another grocer to quickly fill the void. A year later, however, the 54,000-square-foot building remains vacant, and neighborhood residents who once walked to the store now take buses or beg rides to full-line grocery stores miles away. Pete's Market, a local grocery chain, wanted to take over the space. But Dominick's has blocked Pete's and every other grocer from using the space inside an aging shopping plaza by placing a restriction in the deed that bars grocery stores. Restrictive covenants have been a common tactic in the grocery industry, used to thwart competition and control markets. Records show that two North Side properties that used to house Dominick's groceries carry the same restrictions. But across the nation, community groups and elected officials are beginning to cry foul, saying restrictive covenants not only hurt business competition but punish whole neighborhoods.
Here's a use of restrictive covenants that you don't encounter every day:
When the Dominick's store in West Lawn closed last spring, ending more than two decades in the Southwest Side neighborhood, residents expected another grocer to quickly fill the void. A year later, however, the 54,000-square-foot building remains vacant, and neighborhood residents who once walked to the store now take buses or beg rides to full-line grocery stores miles away. Pete's Market, a local grocery chain, wanted to take over the space. But Dominick's has blocked Pete's and every other grocer from using the space inside an aging shopping plaza by placing a restriction in the deed that bars grocery stores. Restrictive covenants have been a common tactic in the grocery industry, used to thwart competition and control markets. Records show that two North Side properties that used to house Dominick's groceries carry the same restrictions. But across the nation, community groups and elected officials are beginning to cry foul, saying restrictive covenants not only hurt business competition but punish whole neighborhoods.
Sunday, May 01, 2005
www.newszap.com: HOA reform bill passes House: Proxies out, majority can remove board member
From Arizona, lots of detail in this story:
A homeowners association reform bill to get rid of proxies and give homeowners statewide a uniformed way to oust board members was due for a Senate floor vote this week before heading to the governor's desk. House Bill 2154, sponsored by Rep. Chuck Gray (R-Mesa), is one of the few surviving measures of the 50 HOA reform bills introduced this legislative session.
[more]
From Arizona, lots of detail in this story:
A homeowners association reform bill to get rid of proxies and give homeowners statewide a uniformed way to oust board members was due for a Senate floor vote this week before heading to the governor's desk. House Bill 2154, sponsored by Rep. Chuck Gray (R-Mesa), is one of the few surviving measures of the 50 HOA reform bills introduced this legislative session.
[more]
Subscribe to:
Posts (Atom)