Here's the appellate court link for Pratt v. McMahon
Thanks to Fred Pilot for tracking this down. This Pratt v. McMahon is one of numerous appellate court matters involving the McMahons. I think there are three underlying lawsuits that have given rise to numerous appellate court case numbers. The ones that say "McMahon v. Superior Court" are probably writs. That would mean there was an adverse ruling short of final judgment, and the McMahons appealed from that ruling while the case was still pending in the trial court. So there aren't as many cases at it appears. Each writ would have its own case number, even if they all came from the same underlying lawsuit. Note that the law firm of Peters & Freedman has sued the McMahons as well, and that one is in the appellate courts. So two law firms (P & F and attorney Pratt) have sued them. The McMahons took a a writ up from some ruling in that case on May of 2006 that was denied. I think it was a SLAPP motion. The current appeal, having to do with denial of the SLAPP motion, was filed by the McMahons in November of 2006. The docket shows that the McMahons want more time to file briefs.

Case Summary
Trial Court Case: 06CC01968
Court of Appeal Case: G038236
Division: 3
Case Caption: Pratt v. McMahon et al.
Case Type: Civil
Filing Date: 02/08/2007
Oral Argument Date/Time:
Cross Referenced Cases
G013464 Palacio Del Mar Homeowner Assn v. Superior Court et al.
G028742 Palacio Del Mar Homeowners Assoc. v. McMahon et al.
G034741 McMahon et al. v. The Superior Court of California et al.
G034993 McMahon et al. v. Orange County Superior Court et al.
G035129 McMahon et al. v. Orange County Superior Court et al.
G035705 McMahon et al. v. Orange County Superior Court et al.
G035713 McMahon et al. v. The Superior Court of California et al.
G037017 McMahon et al. v. The Superior Court of California et al.
G037871 Peters & Freedman, LLP v. McMahon et al.

Speculation about a possible explanation for the disappearance of AHRC?
I do not know if any of the following explains why the American Homeowners Resource Center has been down, but for what it's worth, Fred Pilot sent me this link to the Edgewater Isle website that suggests there is a defamation suit against Elizabeth and Arnold McMahon (the folks behind AHRC). The site also speculates that this lawsuit may be the reason the AHRC site is down. I don't know if that's what happened (see below). The Edgewater Isle page has links to (1) a cached AHRC article about Jeffrey Pratt; (2) a screen shot of that article; and (3) a page from the Orange County, CA, Superior Court web docket about the Pratt v. McMahon lawsuit.

I assume the McMahons and/or Mr. Pratt can confirm or deny it in pretty short order, and if there is any correction to be made I will do so.

UPDATE: I checked the Banner site for the OC Superior Court, Civil Division. The Plaintiff in case no. 06CC01968 is Jeffrey R. Pratt, who is representing himself. The Defendants are Elizabeth and Arnold McMahon, and they are represented by attorney Philip A. Putman. The case was filed on 1/6/06. There was a hearing on a SLAPP motion on 1/17/07. That must have been brought by the McMahons--SLAPP means "strategic lawsuit against public participation," and such motions are brought by defendants to dismiss cases that are allegedly filed to silence their voices on public issues.

Then you see a notice of appeal (2/8/07) filed by Elizabeth McMahon and a request to prepare a transcript (2/14/07). That seems to indicate that the lawsuit is over or that some major issue has been decided, and the McMahons lost and either are appealing a final judgment or taking an interlocutory appeal on a major issue (the SLAPP motion, for example). Without more detail I can't be certain, but going just off the docket, that's what it looks like. Again, the McMahons or Mr. Pratt can correct me on this if I'm wrong.

Now, what was the judgment from which they are appealing? And does that judgment have anything to do with the disappearance of AHRC? It might take a trip to the courthouse in Orange County to sort that out, and being here in Chicago I guess I'll leave that to somebody else.

You can get this info and more on the attorney who I think must be the correct Mr. Pratt at www.lawyers.com. He appears to be a solo practitioner who does HOA law, among other things.

Jeffrey R. Pratt, Attorney at Law
3636 Nobel Drive, Suite 200
San Diego, California 92122

Jeffrey R. Pratt, Attorney at Law practices in the following areas of law:
Civil Litigation and Trial Practice, Real Estate and Real Property, Business Litigation, Construction, Homeowner Association Disputes.
Firm Profile:
Experienced litigator and solo practitioner, dedicated to providing effective legal solutions and personalized service.
Firm Size: 1

Again, I invite comment or correction--I'm just trying to advance the story with what I know.

Homes Of The Future - NAHB Takes A Guess
NAHB manages to describe every aspect of this future home in the minutest detail without ever mentioning the homeowner and condominium associations that will be universal. They do note that "neighborhoods or communities will have more open space with walking and jogging trails," which implies common area.

Jacksonville.com: First Coast Community: Ponte Vedra: Story: Homeowner groups reject proposed bill 02/14/07
The reporting and headline in this article are beyond inept. There is no "homeowner group" doing or saying anything. It is just an uncritical report of an HOA lawyer opposing regulation of HOAs and proposing instead to give them more power. The press needs to get more educated on the players in order to cover HOA legislation. You see a lot of this sloppy writing about "homeowner groups." There are HOAs, which are created by developers and are mandatory membership organizations into which owners are conscripted. I don't think they are "groups" at all. They are corporate entities with limited purposes. Then there are industry groups like CAI, which is a trade association that has a small percentage of the nation's HOAs as members. That is clearly a professional organization and in no sense a homeowner group. And then there are the groups actually organized by real live home owners to represent their interests in the policy process. Those, in my opinion, are the only "homeowner groups." They are real groups, and the members are real homeowners. But most reporters don't seem to get this. Here's Exhibit A: a story about how "homeowner groups reject proposed bill," that presents as gospel the views of an HOA lawyer who has his own idea of good laws: giving HOA veto power over issuance of governmental building permits, and exempting HOAs from Florida's sunshine laws, so they can make decisions in secret. My question for reporter Christina Abel is, "How wrong can you get it?" Don't they teach these people anything in J-School?

A bill that will be considered by the Florida House this spring has at least one local attorney worried about the effects it could have on the way local homeowner associations operate and enforce their rules. Attorney Barry Ansbacher, who has been representing the Marsh Landing Homeowner Association in its efforts to get St. Johns County to recognize their right to enforce covenants, said at a meeting of homeowner association representatives Monday that House Bill 433 is a major concern...Another issue that could affect homeowner associations is an amended ordinance Ansbacher has drafted for Marsh Landing that would require neighborhood residents to get their association's approval before going to the county to get a building permit.

Currently, residents apply to their homeowner associations and their association's architectural review boards for approval if they are going to build something or make structural changes, but that approval isn't necessary before the applicant can go to the county for approval.

In addition, the amendment would change the ordinance so that county homeowner associations are not subject to Florida Sunshine Laws. Currently, Ansbacher said, the associations are considered a government agency and therefore must abide by Sunshine laws, including announcing their association meetings to the public and not conducting informal discussions between one or more members of the association outside a public meeting.

Skyscraper 'Lights Out' is for the birds, in a good way
All you condo owners and office dwellers had better learn to live in the dark:

In the Twin Cities, a group of avian advocates plans to ask high-rise building owners to turn off unnecessary interior and exterior lights from midnight until dawn during spring and fall migrations. Their goal? To ensure a safer passage for millions of birds along the Mississippi Flyway.

Bloomberg.com: Home Prices Fell in Half U.S. Cities in 4th Quarter
Feb. 15 (Bloomberg) -- Home prices fell in half of U.S. cities in the fourth quarter as a housing slump forced sellers to accept lower prices, the National Association of Realtors said. The median price for a single-family home fell in 73 of 149 metropolitan areas studied by the Chicago-based real estate trade group. The national median price for a previously owned house was $219,300 in the fourth quarter, down 2.7 percent from a year earlier when the median price was $225,300, the group said in a report today...The national median existing condominium and co-op price was $220,900, down 2.1 percent from $225,700 a year earlier. The national figure covers 58 markets. The trade group said condo prices dropped the most in the New Orleans, Louisiana area, which is struggling to recover from the effects of Hurricane Katrina. Condo prices plunged 29 percent to $147,100 from $206,100 a year earlier.

SPB race pits Fox against Jacobson
Here's an example of a candidate moving from the condo board to city politics:

SOUTH PALM BEACH — Voters will choose between Murray Fox and Maury Jacobson for mayor when they go to the polls on March 13...Fox is founder and former president of the South Palm Beach Condo and Co-op Association. He resigned the post to run for mayor. The group has scheduled a debate between the two candidates at 7 p.m. March 8 at the The Barclay condominium, 3546 S. Ocean Blvd. Fox is president of the Dune Deck Condominium Association. He also has a seat on the town's Board of Adjustment, which meets as needed.

Antarctic temperatures disagree with climate model predictions
...but don't let the facts get in the way of giving an Oscar to Al Gore.
COLUMBUS , Ohio – A new report on climate over the world's southernmost continent shows that temperatures during the late 20th century did not climb as had been predicted by many global climate models. This comes soon after the latest report by the Intergovernmental Panel on Climate Change that strongly supports the conclusion that the Earth's climate as a whole is warming, largely due to human activity. It also follows a similar finding from last summer by the same research group that showed no increase in precipitation over Antarctica in the last 50 years. Most models predict that both precipitation and temperature will increase over Antarctica with a warming of the planet.

Junk-filled house condemned by town (February 15, 2007)
look at the lengths the city went to in order to help this lady, over a 4 year period. Would an HOA have shown the same sense of compassion, or just proceeded with violation notices and a court proceeding?

WEST YARMOUTH - Ann Biglin crammed so many things into her house on Nauset Road that she had little choice but to crawl out a window to reach the rest of the world.The structure has now been condemned and Biglin is in the hospital, Yarmouth police and health officials said yesterday...Her home has not had heat since 2005 and the bathroom was not working either, Yarmouth Health Director Bruce Murphy said...''She was just using an electric blanket,'' he said. After discussions with police and the town's building inspector, health inspectors condemned the building as unfit for human habitation, Murphy said. Police have worked with Biglin, 53, for the past four years on what Xiarhos said is one of the toughest cases of hoarding he has seen. Off-duty police officers have helped Biglin clean her home and accompanied her to doctors appointments, he said. In 2003 inmates from the Barnstable County Jail came to her home to clean the yard but it didn't last, Xiarhos said.

A challenge to cut signs
My family and I live in Lindenhurst, in Lake County, IL. We have village council election coming up. The incumbents are unpopular because they were all set to embrace a big mixed use development project that involved a TIF district, and at the last minute they encountered massive public opposition to the TIF and were forced to back down. None of them seemed to have the slightest idea how a TIF worked, but they were swept up in the developer's rhetoric about how great it was. And it was...for the developer. The school districts and other taxing bodies would have taken it in the neck. The public figured it out before their "leaders" did, and the school district were going to sue (and probably win) because the area subject to the TIF wasn't really "blighted" as the statute requires. The outcry produced a slate of challengers for the incumbents' council seats, and my guess is that on election day the incumbents will be toast. I think they know that. So now, the incumbents have come up with a brilliant strategy: they have proposed a joint agreement between the two slates not to use any yard or roadside campaign signs. Of course, the challengers will have none of it, because they need the signs to generate name recognition and demonstrate their level of support in the community. That's what yard and road signs are for, and that's why municipalities are prohibited from banning them (per the US Supreme Court). That's also why HOAs should be legally prohibited from banning them. And it is exactly why the incumbents want a sign-free campaign--so they can have the name recognition advantage. They don't admit that, of course. It's all about aesthetics, you see. Right. See you on election day.

Lindenhurst village board incumbents have asked their challengers to reduce environmental pollution by not using yard and roadside campaign signs. The request was made in a letter sent to mayoral challenger Susan Lahr by the incumbent’s slate, the Lindenhurst Community Party. “People get upset with signs, especially campaign signs,” said Mayor James Betustak. “If they agree not to put them up, we will, too. “If they don’t agree, then we will have to decide what to do. It is tough to not have campaign signs when your opponents do.” Lahr said her slate’s platform is to foster open and frequent communication. “We feel that yard signs are a means of informing residents that there is a choice,” she said. If the Community Party is worried about the environment, Lahr said, they should further investigate light and noise pollution the Village Green development would create. Village Green is a multi-use development proposed for the northwest corner of routes 45 and 132 that includes more than 400,000 square feet of retail space and multi- and single-family housing. It is likely to be a key issue in the race.

MercuryNews.com | 02/11/2007 | `Nanny' bills: pitting safety against rights and liberties
Fred Pilot found this article talking about the same thing I've been noticing recently: all sorts of ridiculous paternalistic (or is "maternalistic" a better choice of words?) laws premised on the notion that we are all little children who need government to restrict our liberty and make all our decisions for us, so we don't hurt ourselves. I have linked HOA micro-management to this, but California's legislature and other policy-making bodies are getting into the act. Government as nanny:

SACRAMENTO - Ban parents from spanking their toddlers. Force restaurants to disclose calories on menus. Forbid school cafeterias from cooking with trans fats. Prohibit smoking on state beaches. Make homeowners switch to energy-efficient light bulbs. Legislators who have proposed these measures, mostly Democrats, seem to be on a tear in recent weeks, telling Californians, ``Hey, we know what's best for you -- and we're going to make sure you do it.'' But enough already, say opponents, mostly Republicans, who are increasingly railing against what they call ``frivolous'' proposals and embracing a term often repeated in the Capitol this legislative session: Nanny government.

illinoisreview: TIF Bashing Facts
TIFs are used extensively to create or rebuild infrastructure for new development, often in conjunction with HOAs. The increased property taxes generated by new development within the TIF go to the municipality for the TIF distict, to repay the upfront cost of building the infrastructure, instead of to other taxing bodies. So, the school districts get new students from within the TIF, but don't get the increased property taxes to pay for them. The justification is that without the TIF blighted areas couldn't be redeveloped. But many people, myself included, think that TIFs are grossly overutilized. This is a blog post that extensively quotes an article about the impact of TIFS. Here's one snippet:

Tax increment financing is usually sold to the public with assurances that ‘TIF does not increase your taxes.’ However, NCBG’s study indicates clear warning signs that the liberal use of TIFs captures the natural growth in property tax base, putting more strain on every taxpayer and all taxing bodies, a strain more acutely felt in public budget belt-tightening times.” -- Neighborhood Capital Budget Group, which includes economists at University of Illinois and Loyola, DePaul, and Chicago State Universities. “Our analysis of 235 municipalities in the metropolitan Chicago region finds cities, towns, and villages that had TIF districts actually grew more slowly than municipalities that did not use TIF.” -- Professors Richard F. Dye and David F. Merriman for a study published by the University of Illinois...Nearly the only people who defend TIF are developers and consultants who make money from TIF, and municipal officials who create TIF districts. Study after study shows that TIF districts often fail to achieve their stated goals; divert growth away from other areas of the community, resulting in no net gain in development and sometimes net losses; and enrich a favored few developers, landowners, and businesses at the expense of everyone else.

courant.com | Resident Wins Bid To Keep Flag Flying
EAST WINDSOR -- The mother of a soldier in Afghanistan who has refused to take down the American flag outside her home despite warnings from her condo association received word Friday that she will be allowed to fly her flag if she agrees to certain restrictions. Teresa Richard, who in August pitched an American flag and Blue Star flag hung by mothers of soldiers at war, was warned by the Stoughton Ridge Condominium Association that she was in violation of "common area" rules and would be fined $25 a day after Labor Day. But on Friday, Richard said, she received a letter from the association offering a compromise. The offer comes after a frenzy of media coverage and growing political support from state officials, including Attorney General Richard Blumenthal and state Rep. Ted Graziani, D-Ellington. Blumenthal has been working with Kevin Carson, president of the condo association, and Richard to strike a deal.

Grand Canyon Skywalk opens deep divide - Los Angeles Times
This is the main attraction of a planned commercial development for an impoverished Hualapai Indian reservation. Down at the bottom of the article is mention of one big sticking point: H2O.

GRAND CANYON WEST, ARIZ. — Perched over the Grand Canyon close to a mile above the Colorado River, a massive, multimillion-dollar glass walkway will soon open for business as the centerpiece of a struggling Indian tribe's plan to lure tourists to its remote reservation. An engineering marvel or a colossal eyesore, depending on who is describing it, the horseshoe-shaped glass walkway will jut out 70 feet beyond the canyon's edge on the Hualapai Indian Reservation just west of Grand Canyon Village. Buttressed by 1 million pounds of steel and supporting 90 tons of tempered glass, the see-through deck will give visitors a breathtaking view of the canyon. When the cantilevered structure opens to the public next month, it will be the most conspicuous commercial edifice in the canyon. And, if the tribe's plans come to fruition, the Skywalk will be the catalyst for a 9,000-acre development, known as Grand Canyon West, that will open up a long-inaccessible 100-mile stretch of countryside along the canyon's South Rim. The cost of the Skywalk alone will exceed $40 million, tribal officials say.

Gated communities will add to Baghdad security-TimesOnline
I assume they won't be worrying about whether everybody's mailbox is the same shade of beige. If anyplace needs gates and walls, it would be those poor folks in Baghdad.

The American general taking on the task of purging Baghdad of insurgents plans to establish several “gated communities” to provide extra security for Sunnis and Shias, according to a senior US defence official. General David Petraeus, who takes over command of the multinational force in Iraq today, believes that Fallujah, the Sunni stronghold 40 miles (64km) west of the capital, seized by US Marines two years ago after driving out extremists, is a model for other communities, the official said. Fallujah was set up as a gated community in which all the inhabitants were required to have biometric ID cards, after Operation Phantom Fury when US Marines wrested back control from Sunni extremists and Muslim clerics. The official said: “I think there are certain areas in Baghdad where we will have to control access with checkpoints because otherwise there will be people trying their best to blow them up.”

BREITBART.COM - 'Doomsday vault' to resist global warming effects
I'll bet some folks have been wondering what connection I see between HOAs and global warming. Submitted for your consideration, as Rod Serling used to say, is this plan (construction to begin in March) for a sort of Arctic gated community to survive global warming. I think the designers have been reading old Superman comic books and got hung up on the Fortress of Solitude. And no, it's not for you and me. It's for seeds. And don't laugh or Gaia will get angry, and you wouldn't like her when she's angry.

An Arctic "doomsday vault" aimed at providing mankind with food in case of a global catastrophe will be designed to sustain the effects of climate change, the project's builders said as they unveiled the architectural plans.
The top-security repository, carved into the permafrost of a mountain in the remote Svalbard archipelago near the North Pole, will preserve some three million batches of seeds from all known varieties of the planet's crops.

WBAY-TV Green Bay-Fox Cities-Northeast Wisconsin News: City Throws Out Fight for Condo Garbage Pickup
Thanks to Nancy Levy for this interesting dispute between a municipality (none other than Green Bay, Wisconsin, which claims to have a football team) and a condo association over the perennial "double taxation" issue.

A community of condominium owners on Green Bay's east side is upset with the city council, which trashed their seven-month battle. Taking out the garbage seems like such a simple process. But to Joan Heim, it's an unfair one. "Fifty-six homeowners are angry right now because we're paying taxes and we get nothing," said Heim of the Alpine Point Condo Association. Each unit at Alpine Point Condos pays about $70 a year for private garbage pickup. But they say because they pay city taxes as well, they should be entitled the same services as other people in the city, including garbage services. Tuesday night the city council voted and their request failed.

BBC NEWS | Business | 'Table-sized flat' for £170,000
Mystery Reader sent along this link, via Boing Boing, to an amazingly expensive urban closet. I mean, apartment.

A flat roughly the size of a snooker table has gone on sale for £170,000 in London's upmarket Chelsea.
The former janitor's storeroom measures 11ft by 7ft and has a cupboard place for a shower and kitchenette area.

Potential buyers can expect to fork out an extra £30,000 to make the room habitable as there is no lighting and it is full of rubble.

Even the estate agent selling the property admitted the flat was "incredibly depressing".

voiceofsandiego.org: News... A Subdivision Off the Old Block
Thanks to Nancy Levy for this link to a story about new developments that are designed to look like the old ones...

With neighborhoods named Cabrillo and Kensington, it's quite plain what muse Del Sur master developer Fred Maas invoked when dreaming up a sales pitch for this 3,050-home planned community north of State Route 56 -- old-school San Diego neighborhoods.

Hence the phrase used in a recent newspaper ad, purporting Del Sur is connected to old San Diego "by more than a freeway." Maas hopes to separate this development from cookie-cutter suburban subdivisions that have sprung up around the county in recent years to meet rising demand for housing. And to do that, he's evoked the names and the histories of the established neighborhoods usually ringed by these types of new developments. The homes in the "Alcala" community, named for the San Diego Mission, claim to form a "personal sanctuary" for residents and are planned to be built in the Spanish style reminiscent of old San Diego, for example.

Emergency relief for Sweden's starving reindeer
Another global warning alert:
STOCKHOLM, Feb 7 (AFP) Feb 07, 2007
Sweden said Wednesday it would give its reindeer herders millions of euros (dollars) in emergency aid to help them feed their animals, which are starving because of thick ice that is preventing them from reaching the lichen they eat.

How the US sent $12bn in cash to Iraq. And watched it vanish | Iraq | Guardian Unlimited
This is enough to make Karl Marx vote Libertarian.

The US flew nearly $12bn in shrink-wrapped $100 bills into Iraq, then distributed the cash with no proper control over who was receiving it and how it was being spent.

News - Placer seizes Artest dog - sacbee.com:
Fred Pilot sent this link. Ron Artest, formerly of the Chicago Bulls, then later famous for charging into the stands to strangle some fans, is now in trouble for not feeding his Great Dane, Socks:
"The president of the homeowners association for Artest's gated neighborhood said Tuesday that animal services had been to the Artest residence prior to January.
Allan Frumkin, who heads the Sierra Ridge Estates Homeowners Association, also said residents have come to him with concerns about the welfare of dogs kept at Artest's home."

UC BERKELEY / Scholars to consider the shrinking of cities
Thanks to Fred Pilot for the link to this article about a conference on the physical and social decline of cities all over the world. They should have a conference next door on the rise of private neighborhoods.

More than 20 scholars from a dozen countries are lined up for the "Future of Shrinking Cities" symposium Thursday and Friday at International House on campus. They'll compare shrinking cities internationally, debate urban retreat in North America and discuss creative approaches for revitalizing the metropolis sliding past its prime.

New no-smoking frontier: condos and apartments: Seniors are leading the way in the new battle to ban smoking from communal environments.
| csmonitor.com

Not only are some condos and apartment houses banning smoking inside private units, but there is talk in Belmont, Calif., of a city law next month that would mandate that all complexes keep a portion of their units smoke-free. The war against smoking first ramped up in the 1980s when some of America's public buildings became smoke-free. Then, in the 1990s, a slew of restaurants and bars in US cities banned smoking. Now, seniors are leading the way in the new battle in part because many live in communal environments and they feel they are susceptible to the health and safety hazards of smoking.

Exurbs hardest hit in recent housing slump - Feb. 6, 2007
There has been a lot of new HOA-style construction in the exurbs in recent years, and probably a lot of over-building. And now the oversupply is driving down prices, which shouldn't surprise anybody. But it makes bad breakfast table reading for those who just bought a new house way out there and now find out it may be worth less than they paid for it.

WASHINGTON (Reuters) -- While the U.S. housing downturn has depressed once-thriving real estate markets around the nation, far-flung suburbs of major cities have suffered the most abrupt market correction. Home construction in these distant exurbs has slowed and prices and sales have fallen more than those of close-in suburban neighbors since a five-year U.S. housing boom ended in the summer of 2005. Average home prices in Loudoun County, Virginia, 35 miles outside of Washington, D.C., fell roughly 11 percent in 2006, according to the Northern Virginia Association of Realtors. By contrast, Virginia's Arlington County, which hugs the nation's capital, saw a price decline of only about 2 percent. "It's been hard for sellers to comprehend, and I'm usually the bearer of bad news," said Mike Wagner, a real estate broker who works in Loudoun. "The news is: Your home is worth $100,000 less than it was a year and a half ago."

Who Watches The Watchers In Surveillance Society? - Yahoo! News
When the article refers to Big Brother, keep in mind that these technologies are used far more pervasively by private organizations than governments.

CHICAGO - In some cities in Europe and the United States, a person can be videotaped by surveillance cameras hundreds of times a day, and it's safe to say that most of the time no one is actually watching. But the advent of "intelligent video" -- software that raises the alarm if something on camera appears amiss -- means Big Brother will soon be able to keep a more constant watch, a prospect that is sure to heighten privacy concerns. Combining motion detection technology with the learning capabilities of video game software, these new systems can detect people loitering, walking in circles or leaving a package.

Ban Proposed On Walking While Talking, Listening To iPod - News
More nanny state nonsense, this time from the state of New York. Note the legislator's justification for this ridiculous proposal--people getting hit by cars because they aren't paying attention. He sees this as a problem that government should solve. I would just call it natural selection. People are getting double-teamed by public and private governments that seem to be competing with each other to see who can be the most intrusive and bothersome.



A state senator from Brooklyn said on Tuesday he plans to introduce legislation that would ban people from using an MP3 player, cell phone, Blackberry or any other electronic device while crossing the street in either New York City or Buffalo. NewsChannel 4 reported that Sen. Carl Kruger is proposing the ban in response to two recent pedestrian deaths in his district, including a 23-year-old man who was struck and killed last month while listening to his iPod on Avenue T and East 71st Street In Bergen Beach. "While people are tuning into their iPods and cell phones, they're tuning out the world around them," Kruger said. The proposed law would make talking on cell phones while crossing the street a comparable offense to jaywalking.

Texas could punish 'truant' parents - Yahoo! News
Who would have thought that the Texas legislature would go from rugged individualism to nanny state nonsense like this:
AUSTIN, Texas - Parents beware: Miss a meeting with your child's teacher and it could cost you a $500 fine and a criminal record.A Republican state lawmaker from Baytown has filed a bill that would charge parents of public school students with a misdemeanor and fine them for playing hooky from a scheduled parent-teacher conference. Rep. Wayne Smith said Wednesday he wants to get parents involved in their child's education. "I think it helps the kids for the parents and teachers to communicate. That's all the intent was," Smith said.

Roadside America - Guide to Uniquely Odd Tourist Attractions
Every community should have a bizarre local attraction. Other than the city council, I mean.

Global Warming: The Cold, Hard Facts?
Here's an explanation of why nobody is listening to the global warming skeptics, from a former Professor of Climatology. It's 2 degrees right now in Chicago.

Global Warming, as we think we know it, doesn't exist. And I am not the only one trying to make people open up their eyes and see the truth. But few listen, despite the fact that I was the first Canadian Ph.D. in Climatology and I have an extensive background in climatology, especially the reconstruction of past climates and the impact of climate change on human history and the human condition. Few listen, even though I have a Ph.D, (Doctor of Science) from the University of London, England and was a climatology professor at the University of Winnipeg. For some reason (actually for many), the World is not listening. Here is why.

More detail on AHRC
An alert anonymous comment to this blog supplied the following info (thanks!), which seems to indicate that something happened to the server on which AHRC is located. What kind of "break in" was it? And who did it? Stay tuned, and if you have any information pass it along.



FYI -- This was posted today...

Dear AHRC subscribers and friends:

A recent break into several servers, included one on which the AHRC
News Services websites were hosted.

The providers and administrators are making progress on the work they
need to do to get the websites back online shortly.

We will keep you posted.

Thank you for your patience.

The Staff
AHRC News Services

Correspondence from Radburn, NJ
Radburn was the first American Garden City, built in 1928, and has served as a model for planned private communities ever since. Here's a note from Kathy Moore, a Radburnite presenting her perspective on about events there, with a link to two websites, one on each side. I don't have any first hand knowledge of this, but it looks like a significant conflict is under way:

Dear Evan,

Please let me introduce myself, my name is Kathy Moore
and I'm a resident of Radburn in Fair Lawn, NJ. I'm
also one of the 16 homeowners currently suing Radburn
to get all homeowners fair and open elections. I would
like to point you to our website,
www.yourneighbors.org so that you can read the entire
saga if you like. Of course this is the point of view
of the 16 of us, but I feel it's more than fair and
balanced. At our last annual budget meeting this past
December we were told that we had $13,000 in reserves,
that is all a 77 year old association with a one
million dollar annual budget has in reserves! Yet our
current board and manager spend tens of thousands
annually on lawsuits suing homeowners over things like
pre-approved shutter colors. Radburn's founding
fathers would never approve of the way we are treated.
The manner that Radburn was set up in was to keep
corruption at bay. The exact opposite has happened. If
you need or would like any more information about
Radburn please do not hesitate to ask. Also you will
find many letters from the community with all points
of view on radburncitizens.org which is an arm of the
Radburn Association.

best regards,

Kathy

AHRC breaks radio silence
Here's the message, which is intriguing:

Dear AHRC subscribers, friends and viewers:

Because of the nature of this break in we cannot provide any
details. However, with the work of our providers and administrators
we are making progress and will have all of the AHRC websites back
online shortly.

We appreciate your patience and will keep you posted.

Please forward this message to all your networks and groups.

Thank you.

The Staff
AHRC News Services

AHRC Exposed Exposed :: Exposing ahrcexposed.com
The next chapter in the American Homeowners Resource Center saga has begun. For those who didn't buy a program on the way in, here's a recap. First there was AHRC. Then there was AHRC Exposed, an attack on AHRC. Now there is AHRC Exposed Exposed, which is an attack on AHRC Exposed. Got it?

The big question remains unanswered. Who is behind AHRC Exposed, and why is that person (or persons) hiding their identity?

According to AHRC Exposed Exposed, the cyber trail leads to a certain law firm that has been slammed repeatedly on AHRC. Follow the link to AHRC-X-X and scroll down, and you will see their evidence...

To be continued?

Arizona OAH: HOA Complaints
Here's a new blog by George Starapoli where he is posting links to complaints involving HOAs before the Arizona Office of Adminstrative Hearings. Thanks to Fred Pilot for letting me know about it.

DRUDGE REPORT: WINDCHILL 30 BELOW: CHICAGO
It's nice to scoop Drudge. I've been whining about the cold here for two days. Here's the weather advisory, just in case you global warning believers think I'm making it up. Here in Lindenhurst it is now -8 with an 11 mph wind coming out of the west, for a wind chill factor of -27. Global warming, my ***.

Bitterly cold temperatures will drop into the 5 below to 15 below
zero range overnight... with the coldest temperatures north of
Interstate 80. Gusty west winds of 15 to 20 mph will continue to
diminish tonight... but the combination of the bitterly cold
temperatures and the wind will allow for frigid wind chills as low
as 25 below to 30 below zero tonight. Temperatures will only rise
to around the zero degree mark on Sunday for areas north of
Interstate 80... and from zero to 5 above zero south of Interstate
80. West winds will becoming gusty again on Sunday with daytime
wind chills of 20 below to 30 below zero. Bitterly cold air
temperatures and blustery winds will continue to keep wind chills
in this range through Tuesday morning.

A Wind Chill Advisory means that very cold air and strong winds
will combine to generate wind chills at or less then 20 below
zero. This will result in frost bite and lead to hypothermia if
precautions are not taken. If you must venture outdoors... dress
in layers and cover all skin. Make sure you wear a hat and
gloves. Limit outdoor activity to minimize exposure... as
frostbite can occur in 30 minutes or less.

KRT Wire | 02/03/2007 | Condo association criticized over ban on mezuzahs
As well they should be. L'chaim.

FORT LAUDERDALE, Fla. - Laurie Richter says Jewish law requires her to attach a mezuzah to her doorpost. But the board that runs The Port condominium says displaying the 5-inch-long case with a religious message inside violates the condo documents and has ordered it removed. Because wreaths were allowed on doors during Christmas, Richter accuses her board of discrimination. "I don't want to be causing any rifts here so Christians can't hang wreaths, but it seems the rights of Jewish people are being violated because Christians don't have to hang wreaths but we have to hang mezuzahs," she said. The association that runs the 16-story, 129-unit condo cites the bylaws that prohibit owners and occupants from attaching, hanging, affixing or displaying anything on the exterior walls, doors, balconies, railings and windows of the building.

The Capital Times: Madison, WI, goes condo
Go back just eight years and there was almost no downtown condominium market. Then, in 1999, visionary architect Kenton Peters took what was then an 83-year-old industrial building, Union Transfer Station and Storage Co. at 155 E. Wilson St., and turned it into more than two dozen stylish condos. All but three of the units sold before construction began. Now, a half dozen larger condominium projects punctuate the downtown landscape. Nolen Shore. The Loraine. The Marina. And there are more ambitious ones on the way. You need a map to keep them all straight. Nearly 900 condominium units - conversions and new construction - have been built since 1998 in or near downtown Madison, and 1,600 more are planned or under construction. Beyond that, there are projects under discussion to add another 1,000 units.

My Way News - Orlando Homeless Laws Stir Heated Debate
From the land of oranges, HOAs, and condos, come these municipal ordinances imposing behavioral restrictions. I guess it's another kind of special district: sort of a "homeless-free zone." Note the reference to the luxury condo buildings:

ORLANDO, Fla. (AP) - At Lake Eola park, there is much beauty to behold: robust palms, beds of cheery begonias, a cascading lake fountain, clusters of friendly egrets and swans, an amphitheater named in honor of Walt Disney.

Then there are the signs.

DO NOT LIE OR OTHERWISE BE IN A HORIZONTAL POSITION ON A PARK BENCH ... DO NOT SLEEP OR REMAIN IN ANY BUSHES, SHRUBS OR FOLIAGE ... per city code sec. 18A.09 (a) and (o).

Visit the park's restrooms, and you'll find this sign on the wall above the hand dryers:

BATHING AND/OR SHAVING IN RESTROOM IS PROHIBITED ... per city code 18A.09 (p) ... LAUNDERING CLOTHES IN LAKE EOLA PARK IS NOT PERMITTED...

On streets around Lake Eola, where drug dealers and prostitutes once roamed, residential towers like "The Paramount,""The Metropolitan at Lake Eola," and the "The Vue at Lake Eola," are now rising. In addition, the city is finalizing plans to renovate the downtown Citrus Bowl and build a new performing arts center and "Events Arena" by 2011 - at a cost of $1 billion.

Homelessness, in the view of Dyer and members of his staff, adversely affects public safety and economic development, and therefore must be addressed.

"Al Gore is a Greenhouse Gasbag"
Here is a great article on global warming, based on a lengthy interview with University of Pennsylvania Professor of Geology Robert Giegengack, who actually knows a great deal about the subject, unlike Al Gore. Giegengack is not a zealot or a politician either. He is not even a Republican, having voted for Gore himself. But he tears Gore's propaganda film to pieces. Here's a snippet, which is especially significant because the ultimate bottom-line measure of global warming is sea level:

“Sea level is rising,” Giegengack agrees, switching off the sound. But, he explains, it’s been rising ever since warming set in 18,000 years ago. The rate of rise has been pretty slow — only about 400 feet so far. And recently — meaning in the thousands of years — the rate has slowed even more. The Earth’s global ocean level is only going up 1.8 millimeters per year. That’s less than the thickness of one nickel. For the catastrophe of flooded cities and millions of refugees that Gore envisions, sea levels would have to rise about 20 feet. “At the present rate of sea-level rise,” Gieg says, “it’s going to take 3,500 years to get up there. So if for some reason this warming process that melts ice is cutting loose and accelerating, sea level doesn’t know it. And sea level, we think, is the best indicator of global warming.”"

Share your homeowners association story
That's the headline on this request from a reporter at the Santa Cruz Sentinel, sent along by Shu Bartholomew. Scroll down and you find this:


With a growing population dealing with housing prices that stubbornly remain some of the highest in the nation, many in Santa Cruz County have bought into the townhouse and condominium option. But along with the lower price and the benefits of sharing the costs of common-area maintenance come the well-known headaches of being part of a homeowner association.

If you have stories contact staff writer Gwen Mickelson at gmickelson@santacruzsentinel.com.

SSRN-Paternalist Slopes by Douglas Whitman, Mario Rizzo
I found this link on Instapundit. What follows is the abstract of a forthcoming law review article on a new form of paternalistic public policy by Douglas Whitman and Mario Rizzo. The Stanford Encyclopedia of Philosophy defines "paternalism" as follows: "Paternalism is the interference of a state or an individual with another person, against their will, and justified by a claim that the person interfered with will be better off or protected from harm." I'd say that a lot of HOA regulation is paternalistic. The assumption of such rules is often that residents are incapable of taking proper care of their homes unless micro-managed by authority. And "slippery slopes" are situations where something is done that inevitably leads to other things being done that were not originally intended. The metaphor is of a person who takes one step down a slope and then slips and goes all the way to the bottom. The article apparently takes the position that, while advocates of paternalistic laws claim their proposals are modest, there is a slippery slope quality to these new forms of paternalism, and "soft paternalism can pave the way for harder paternalism." Does that fit HOAs in anybody's mind? Interesting question.

So, here's what Whitman and Rizzo will be saying in their forthcoming article (my emphasis). I'll be reading the whole thing as soon as I can.

Abstract:
A growing literature in law and public policy harnesses research in behavioral economics to justify a new form of paternalism. Contributors to this literature typically emphasize the modest, non-intrusive character of their proposals. A distinct literature in law and public policy analyzes the validity of "slippery slope" arguments. Contributors to this literature have identified various mechanisms and processes by which slippery slopes operate, as well as the circumstances in which the threat of such slopes is greatest.

The present article sits at the nexus of the new paternalist literature and the slippery slopes literature. We argue that the new paternalism exhibits many characteristics identified by the slopes literature as conducive to slippery slopes. Specifically, the new paternalism exhibits considerable theoretical and empirical vagueness, making it vulnerable to slopes resulting from altered economic incentives, enforcement needs, deference to perceived authority, bias toward simple principles, and reframing of the status quo. These slope processes are especially likely when decisionmakers are subject to cognitive biases – as the new paternalists insist they are. Consequently, soft paternalism can pave the way for harder paternalism. We conclude that policymaking based on new paternalist reasoning should be considered with greater trepidation than its advocates have suggested.

ABC News: Retiree Whacks Suspect With Frying Pan
But did he say, "Hey Moe! Hey Larry! Hey Moe! Hey Larry!"

Salt Lake Tribune - School voucher bill passes House by a single vote
This would be the first universal, statewide, school voucher program. Pretty dramatic step along the road to privatization, I'd say.

A school voucher bill passed the Utah House by a single vote today. It is now expected to sail through the Senate and win the governor's signature...HB148 will let parents spend public money on private school tuition. Every Utah family, with the exception of current private school students, would be eligible for a voucher ranging from $500 to $3,000 depending on family income.

Global Warning Alert!
Today's news is full of doom and gloom as the Intergovernmental Panel on Climate Change proclaims that global warming is "very likely" our fault. At least, they are 90% sure it is. I thought the .05 level (95%) was the minimum confidence level for proving a hypothesis. Apparently when all you want is for the entire human race to make massive, fundamental changes in the way we live, 90% is good enough, and we should disregard all the scientists who think the jury is still out.

In other news, here in Chicago we don't know from global warming right now. It is Situation Normal for February. We have been in the deep freeze for a week and the next week is even worse. The weather forecast says that between now and next Wednesday, the temperature will range from a balmy -22 to a torrid 17. When I walk across the Jackson Street bridge on my way from Union Station to UIC, and it is about 10 degrees with a 30 mph wind, pardon me for thinking that global warming doesn't sound all bad.

Oh, and not to appear callous about the stranded polar bears in that widely-distributed photo, but did you know that a polar bear can swim for 100 miles? They have been getting stranded on ice floes and swimming to safety since long before homo sapiens showed up. My guess is those bad boys are alive and well and eating seals right now.

WiscNews.com : Growth versus eagles

I don't understand how protecting eagles turns into a $5000 fine for sitting on your deck, but here goes, from the land of cheese:

VILLAGE OF PRAIRIE DU SAC - Carol Lukens, of First Weber, maintains eagles have no problems with people and that the Ferry Bluff Eagle Council needs to stop fighting with the village about the Nonn development...John Keefe of FBEC said the council appreciates the cooperative work done on the condominium documents. He provided 14 points, mostly word changes for the board. With attorneys from the village of Prairie du Sac, Ken Nonn and FBEC the Specific Implementation Plan was revised. Keefe said specifically the mid-November through March 31 time period be defined as winter eagle season...The council's research indicates eagle watching brought in $1.2 million to the community during a time when business tends to be slow in the community. All other concerns about lighting, stormwater, retaining wall and the landscape plan had been addressed. After voting the approval of the SIP, trustee John Pletzer said he was not pleased that if he bought a condo for $200,000, if it were 45 degrees, he could not sit out on his riverfront balcony without incurring a $5,000 fine from the condo association.

The Sun News | 02/01/2007 | State Farm drops coastal policies
Tough times for home owners seeking insurance (even those who didn't set their home on fire with burning underpants--see below):

State Farm Insurance Co., South Carolina's largest insurer of homes, said Wednesday it will drop almost 1,000 policies for homes on the oceanfront. The company's decision comes about a month after Allstate said it would drop 12,000 policies in order to minimize future hurricane risk. S.C. Farm Bureau Insurance started dropping 3,000 customers along the S.C. coast last fall.

Ananova - Husband's underpant tantrum destroys home
Try convincing your homeowner's insurance claims rep that this is covered by your HO-3.

An angry husband who threw old clothes into the garden and set fire to them because he couldn't find any clean underpants accidentally burnt his home down.

Origins of "Exposing AHRC"
I said below that the "Exposing AHRC" site was new. But I stand corrected. Pat Haruff called to my attention a post from Tom Skiba, CEO of the Community Associations Institute, who writes CAI's "Ungated" blog. He recommends reading the "Exposing AHRC" site way back in March of 2005 (see the sentence I bolded below). So, the site must have been up and running then, although I must confess that I had never seen it until this week. (Obviously I don't spend enough time web surfing.)

The rest of the post is worth reading apart from his mention of that site. He asks for reasonable people to find some middle ground for conversation. I hope Tom doesn't mind if I republish it in its entirety as food for thought.

The Internet Soapbox
by Tom Skiba on March 21, 2005 12:11PM (EST)
The internet is an amazing tool, it literally brings the world to our desktops. Unfortunately it also provides a soapbox for anyone with an axe to grind, and separating the valid, reliable and thoughtful information from the ill-informed babble is left as an exercise for the reader. Our industry, like many others, has spawned its own set of dedicated haters and they have taken to the web as the tool of choice.

Sun Tzu said to know your enemy, so every month I try and spend at least some time on the various anti-HOA websites. I try and limit my visits as the vitriol and unbalanced information tend to give me indigestion. One of my regular visits though, is the American Homeowners Resource Council at www.ahrc.com. What this site lacks in thoughtful analysis it more than make up for with volume and outrage. (I would also suggest www.ahrcexposed.com for an alternate viewpoint.)

I am a firm believer that individuals can have differing opinions, that they can discuss them thoughtfully, and that multiple points of view can be equally valid. Unfortunately, many of these websites would have readers believe that everyone involved in the HOA industry is evil, that CAI dictates law to legislatures around the country, and that valid contracts freely entered into should be null and void – all powerful characterizations even though false.

And yet there are some things that we can agree on: boards should represent their entire communities responsibly, homeowners should become involved in their communities, and living in and leading an association requires you to educate yourself. The big difference between us is that we at CAI believe that the vast majority of America’s 270,000+ communities, more than one million volunteer board members, and over 55 million residents already understand this and work diligently every day to build effective and well-run communities, and groups like AHRC do not.

What happened to the American Homeowners Resource Center?
Several people have asked me what happened to the AHRC website at www.arhc.com, which has been down for several days. The short answer is, I don't know. I have asked around but nobody else seems to know, either.

The mystery deepened when just a few days ago, right around the time of AHRC's site going down, a new website appeared called www.ahrcexposed.com. The "AHRC Exposed" site is basically an intense personal attack on Elizabeth McMahon, the prime mover of AHRC, and on AHRC itself, and asks for anybody who feels maligned by AHRC to email the site. Of course, AHRC's web site includes personal attacks on attorneys, property managers, and others who AHRC's correspondents feel have done homeowners wrong. They have gone after me at times for not towing the party line on foreclosure for unpaid assessments. So I guess you could look at this as tit for tat in one sense.

But at least we know who runs AHRC. Not so with "AHRC Exposed," which is one of those interesting websites that contains absolutely no information identifying the person or persons running it. It just sits there in cyberspace, slamming AHRC and the McMahons and asking for more negative information about them. Oh, and proclaiming that most people are very happy with their HOA, according to the Zogby study that CAI paid for. I have tried to find out whose site "AHRC Exposed" is. No luck yet. I have learned that the domain was registered by an organization called "Domains by Proxy" out of Scottsdale, Arizona. Here is the info that I have so far:

Registrant:
Domains by Proxy, Inc.

DomainsByProxy.com
15111 N. Hayden Rd., Ste 160, PMB 353
Scottsdale, Arizona 85260
United States

Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: AHRCEXPOSED.COM
Created on: 14-Jan-04
Expires on: 14-Jan-08
Last Updated on: 14-Jan-07

If anybody knows more about this, let me know. The mystery deepens...

Dr. Valeriano's Teaching, Research, and News Blog
Here is a new blog by my colleague here at UIC, Brandon Valeriano. He teaches international relations, and his blog includes some insightful commentary, fascinating links, and witty comments.

Developer defends homeless-village concept - Orlando Sentinel
I guess it had to happen: a planned community for the homeless, to get them in one place so they don't bother people. I gather from the article that this developer "transformed" a bad neighborhood into an upscale "Garden District," but the former residents are still hanging around. So the developer proposes to build them cheap housing near the jail and call it "Tiger Bay Village." Can you imagine what their HOA board meetings will be like?

At a meeting inside the neighborhood he helped transform from a crack den into the trendy Garden District, urban developer Michael Arth on Friday defended his latest big idea: a $100 million village for the area's homeless. About 40 people crowded Arth's office to weigh in on Tiger Bay Village, a place where the homeless would live, work and get counseling. Some had questions about paying for it while others were worried a secluded village would stigmatize the homeless and further ostracize them from mainstream society...His plan calls for building a resort-style,pedestrian-friendly village on 125 acres in rural Volusia County near the jail. It would have bungalows, dining halls, community gardens, a swimming lagoon and winding paths...Lindsay Roberts, the executive director of the Volusia-Flagler Coalition for the Homeless, said she also was concerned about segregating the homeless. She said at one shelter in Daytona Beach, school officials had to move the bus stop because some children made fun of kids who lived at the shelter. "The object is to integrate them, not segregate them," Roberts said after the meeting.

Potomac News Online | Sign posting bill delayed
Thanks to Chris Casey for the link to this update on the effort to give basic First Amendment rights (posting political campaign signs) to HOA residents in Virginia. He notes in an email that the opposition has slowed things down for a week by seeking amendments. As I noted earlier, the local CAI chapter is opposing the bill because they think campaign signs are ugly. Chris promises more detail later on his blog at www.freemontclair.us.

When the 2004 presidential race began heating up, Chris Casey, a Web site designer for Democratic candidates, felt the urge to plant a political sign in his yard. Casey knew 14 years ago that when he bought his house in Montclair, he signed property owner covenants prohibiting him from posting most signs in his yard. But Casey posted his John Kerry for president sign and in short order received a letter in the mail. It was a notice from the Montclair Property Owner Association that Casey had violated his covenants and faced a fine if he didn't comply...A bill sponsored by Sen. Linda T. "Toddy" Puller, D-36th, was scheduled to be heard but was rescheduled when both sides, including a representative from the American Civil Liberties Union, could not agree on an amendment...Puller's bill suggests that no property owner association prevent a resident from posting political signs, an argument similarly addressed by a Supreme Court ruling in 1994. In the case of City of Ladue v. Gilleo, the court ruled that a government could not prohibit signs being posted on private property based on their content. Casey used this case in arguing for his right to free speech in Montclair.

ContraCostaTimes.com | 01/27/2007 | These streets aren't made for walking
Thanks to Fred Pilot for this link, which is a real news story and not, I repeat, NOT a parody from The Onion of gated community baskethead repressiveness:


Get caught walking in the middle of the streets in Discovery Bay's Lakeshore neighborhood these days and it could cost you $50. The Lakeshore Residential Owners Association recently enacted a rule that prohibits people from walking in the streets of the gated 450-home community. The rule is meant to protect pedestrians and keep people from blocking traffic, said Carlos Tabarini, president of the association that governs the neighborhood. "It's intended for safety and good neighborly conduct," Tabarini said. "I don't think it's strict."

Elderly, angry Plimmerton man turns tagger - New Zealand
Here's a fellow with a unique way of expressing his dissatisfaction with housing design trends in his neighborhood.

Anger at an invasion of "Beijing-like" flash mansions has driven an elderly Plimmerton historian to tag a neighbouring house. The 75-year-old has escaped police charges but is vowing to continue his crusade to preserve the ambience of the historic seaside resort. Roger Beauchamp - president of the Porirua Historic Association and Porirua Historic Places Trust representative - said extreme frustration drove him to tagging, a vice usually the domain of errant teenagers. He spray-painted "shit" on neighbour Pat Quin's house in Moana Rd.

KTUU.com | Alaska's news and information source | Massive snowfall causes city to shrink
Another global warning alert, this one from Alaska, where the municipality of Anchorage is way over budget on snow removal:

Anchorage, Alaska - Anchorage has been hit with more than 74 inches of snow this season, and according to the city, it's reaching a crisis level, with snow removal on the streets becoming a big problem...The city is already $2 million over budget for snow removal this season, and says the situation is nearing crisis, with clearing crews working six day weeks. And it won't be completely done until the white stuff turns into the wet stuff.

BREITBART.COM - Existing Home Sales Plummet in 2006
WASHINGTON (AP) -- Sales of existing homes fell in December, closing out a year in which demand for homes slumped by the largest amount in 17 years.
The National Association of Realtors reported that sales of existing homes were down 0.8 percent last month, a bigger decline than had been expected. For the year, sales fell by 8.4 percent, the biggest annual decline since 1989, when existing home sales fell by 14.8 percent. The sales figure underscored the sharp contraction that is going on in the once high-flying housing market, which before last year had set sales records for five straight years. Even with the sharp drop in sales last year, the median price of an existing home sold in 2006 managed to rise a slight 1.1 percent. But that was far below the double-digit gains during the boom years. The median home price had risen by 12.4 percent in 2005.

WCBS NEWSRADIO 880 - NJ Cracks Down on Talking on a Cell Phone While Cycling
More evidence that public governments are competing with HOAs to see who can be more intrusive and meddlesome? You be the judge.

A legislative committee has approved a bill that would make it illegal for people to use a hand-held telephone while riding a bicycle on a public road. Hands-free devices would be allowed and lawbreakers would face fines ranging from $100 to $250. Assemblyman Jon Bramnick, a bill sponsor, said the measure is meant to protect bicyclists and the people they may strike when riding and yakking at the same time. ``That is, in our judgment, a danger to pedestrians as well as to the bicyclists themselves, due to the fact that now they have one hand on the handlebars, they're talking to someone and they're on a public highway,'' said Bramnick, a Union County Republican.

More evidence of the scourge of global warming...
...not.
Weather forecasts released Thursday suggested that the cold weather expected to hit the U.S. Midwest between Jan. 28 and Feb. 1 will now persist longer than previously expected. One model run by meteorologists at MDA's EarthSat Weather Group in Rockville, Md., forecasts "the coldest outbreak in years" for large parts of the U.S. between Feb. 2-6.

White Atlanta suburbs push for secession - Yahoo! News
ATLANTA - A potentially explosive dispute in the City Too Busy to Hate is taking shape over a proposal to break Fulton County in two and split off Atlanta's predominantly white, affluent suburbs to the north from some of the metropolitan area's poorest, black neighborhoods. Legislation that would allow the suburbs to form their own county, to be called Milton County, was introduced by members of the Georgia Legislature's Republican majority earlier this month. Supporters say it is a quest for more responsive government in a county with a population greater than that of six states. Opponents say the measure is racially motivated and will pit white against black, rich against poor. "If it gets to the floor, there will be blood on the walls," warned state Sen. Vincent Fort, an Atlanta Democrat and member of the Legislative Black Caucus who bitterly opposes the plan. Fort added: "As much as you would like to think it's not racial, it's difficult to draw any other conclusion."...Residents of north Fulton represent 29 percent of the county's population of 915,000 but pay 42 percent of its property taxes, according to a local taxpayers group. A split would lead to the loss of $193 million in property taxes alone for Fulton County.

-----------------------

This is a pretty drastic measure. Does anybody know how prevalent HOAs are in north Fulton County?

Chi-Town Daily News: Candidate for Chicago City Council calls for moratorium on condo conversions
Thanks to Nancy Levy for this link:

Chris Adams, candidate for 49th Ward Alderman, called Friday for a 12-month moratorium on new condominium conversions in Rogers Park and announced he would create a 49th Ward Low Income Housing Trust Fund – the first of its kind in Chicago – as part of a strategy to stem the decline in affordable housing in the 49th ward...Condo conversions in Rogers Park have dislocated numerous families and driven others out of the community altogether, threatening the cultural and economic diversity on which the community prides itself. Adams said Ald. Moore’s set-aside policies have been ineffective. A report by the Lakeside Community Development Corporation linked the rapid increase in the number of new condominiums in Rogers Park to a sharp decline in rental units. According to the Lakeside report, Rogers Park has lost 3,600 rental units in just the last four years.

LIS > Bill Tracking > SB964 > 2007 session
Check out the summary and see what CAI is so much against. Note that the associations are allowed to impose reasonable restrictions.

Summary as introduced:
Property Owners' Association Act; display of political signs. Provides that, except as otherwise expressed in the declaration, no declaration or association's rules and regulations or architectural guidelines shall restrict or prohibit the display by a lot owner on his lot of a candidate sign or a sign that advertises the support or defeat of any question submitted to the voters in accordance with state election law. For the purposes of the bill, "candidate sign" means a sign on behalf of a candidate for public office or a slate of candidates for public office. The bill provides, however, that an association may restrict the display of such signs (i) in the common areas or (ii) in accordance with federal or state law, and may establish reasonable restrictions as to the size, place, duration, and manner of placement or display of such signs, except that no restriction on the duration of the display of such signs shall be less than (a) 30 days before the primary election, general election or vote on the proposition or (b) seven days after the primary election, general election, or vote on the proposition. The bill also requires the association disclosure packet to contain a statement of any restrictions on the size, place, duration, and manner of placement or display of such signs. The bill contains technical amendments. The bill also clarifies that the display of the flag of (i) the United States, (ii) the Commonwealth, (iii) any active branch of the armed forces of the United States, or (iv) any military valor or service award of the United States also includes display on mailboxes and similar structures.

FreeMontclair.US
Here, courtesy of Chris Casey, is a website devoted to establishing basic freedom of speech for residents of Virginia's HOAs. There is a bill, SB 964, in the Virginia state legislature that would prevent HOAs in VA from squelching political speech at campaign time. Of course, CAI's Virginia Legislative Action Committee is opposing it, saying, "Imagine the homes in your community taking on the appearance of a local state highway at election time!! Not a very pretty sight."

This is just shameful. To me, that statement says all you need to know about CAI's disdainful attitude toward democracy. This is an organization that started out in 1973 with a belief in participatory local democracy. Read their early publications. HOAs were to be all about re-creating the New England town meeting. But eventually CAI became entirely a trade association, and as it was taken over by lawyers and managers, CAI has become increasingly committed to replacing local democracy with top-down, authoritarian property management. That way, the professionals who constitute CAI become the real government of the nation's HOAs. The professionals know that the volunteer directors just don't have time or the expertise to do the job alone, and even if they can, they still can't command respect from the members without the constant threat of litigation by the association's attorney.

I hope this anti-democratic statement is brought to the attention of the state legislators who pay for all those campaign signs that offend CAI's delicate sensibilities at election time.

Telegraph | News | Entire village suspected of mayor's murder
Here's a headline you won't often see. I posted this for all the folks who think their HOA president is bad. It could be worse. What if you couldn't herd farm animals through the neighborhood?

TheStar.com - News - Gulf turtles revive under sun lamp
Would somebody please explain to these sea turtles that the problem is supposed to be global warming, not frozen turtles? Don't they read their email?

SOUTH PADRE ISLAND, Texas–At least three dozen sea turtles are getting a little vacation under heat lamps in this spring-break capital after being rescued from an arctic blast that caused water temperatures in their arm of the Gulf of Mexico to plummet to little more than 10C. The rapid drop this week left the cold-blooded creatures comatose in the shallow bay where juveniles feed. Rescuers feared the cold would kill the turtles, which weigh 225 kilos when mature, or make them sluggishly vulnerable to sharks.

Lindenhurst shifts funding ideas | Chicago Tribune
We live in Lindenhurst, where a little drama has played itself out recently that shows the interplay between HOAs and TIF districts in suburban real estate development. There is one big parcel of good land for development left here. A big San Diego developer proposed to use the 200 acre parcel for 800 homes and 700,000 feet of retail space. Sounds good, right? Except that at the last minute it was disclosed that the developer wanted it to be a TIF. And that's what led 600 people to show up at a Village Board meeting and object to the TIF, and three school districts to threaten a lawsuit if the village approved the TIF. Outcome: board says no to the TIF. They are up for re-election in April, by the way. I will have more to say about HOAs and TIFs, but I see both as forms of special districts that allow municipalities to do development in non-traditional ways and make out well financially. And both have effects on other aspects of public life and public financing that others find very objectionable. The article lays out what a TIF is, in case readers of this blog don't know.

BBC NEWS | England | Wiltshire | Mystery over roadside underwear
This should be easy to solve. What Monty Python alumnus lives closest?

Police in a Wiltshire village have been trying to get to the bottom of an underwear mystery. Around 30 pairs of knickers have been draped over road signs and gravestones in Purton, near Swindon

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Let's see what happens. Please keep it civil.

YOU'RE FLAGGED!! Trump fined over large flag at Fla. club - Yahoo! News
Fred Pilot found this little item, and tags it as follows: "The Donald gets a taste of HOA life by a municipality HOA wannabe."


WEST PALM BEACH, Fla. - Officials in the ritzy coastal town of Palm Beach have voted to fine Donald Trump $1,250 a day for flying a large American flag atop an 80-foot flagpole at his lavish club in violation of town codes.

Fred Pilot comments on the "Subdivision opposes maintenance tax" story (see below)
These are Fred's comments:
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I think this trend recognizes the reality (a refreshing change from the "HOAs protect property values" pap) that homebuyers are rejecting private local government in the form of mandatory HOAs and seek a return to traditional, public government. Local governments see the handwriting on the wall and are wisely preparing for a wave of defunct and dissolved HOAs. The trend holds a big plus for property owners: unlike HOA assessments, property taxes that fund special districts are income tax deductible.

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Fred also wants to know why I disabled the comments feature on this blog. The answer is because I got so many commercial spam posts and rage-filled, defamatory, screeds. Maybe I should enable it again and see what happens? What do you think, readers?

Northwest Herald - Subdivision opposes maintenance tax
Fred Pilot sent me this. Here we have a municipality setting up a backup plan in case an HOA fails in its maintenance responsibility. If that happens, the municipality uses a special district to force the residents to pay for the maintenance. This is becoming fairly common.



WOODSTOCK – Apple Creek subdivision residents spoke out this week against a special taxing area proposed for the new Woodstock subdivision. City officials explained that the proposed special service area would levy a tax on the property owners only if the homeowners association failed to maintain common areas.

MercuryNews.com | 01/18/2007 | No-spank bill on way
When Sweden did this years ago, Americans were amused. Now, here it comes to the largest state in the nation. The left wing of the Democratic party has always wanted to turn the US into Sweden. I thought they would start with Minnesota, but I guess California will do. This bill makes it a crime--a misdemeanor--to spank a 3 year old. Obviously the idea is to start with the young ones, so they can make the "why would anybody hit a 3 year old" argument, and then extend it to the rest of the kids. And the larger objective is to socialize parenting--to assert sweeping governmental control over the family. Hillary Clinton says it takes a village. I guess in California it takes a state legislature.



SACRAMENTO - The state Legislature is about to weigh in on a question that stirs impassioned debate among moms and dads: Should parents spank their children? Assemblywoman Sally Lieber, D-Mountain View, wants to outlaw spanking children up to 3 years old. If she succeeds, California would become the first state in the nation to explicitly ban parents from smacking their kids.

Residents to decide on road fee | The Bryan-College Station Eagle
Private road goes bad. HOA asks city to take it over. City say, residents of HOA must contribute bucks to upgrade road to public standards first, at cost of $500 each. Watch for many more such stories over the coming years, as cheap private infrastructure crumbles prematurely, and HOA residents seek public bailout, having no bread in reserves with which to fix the problems.

First, Hunter's Creek resident David Acker started noticing cracks forming along the edges of the private roadways lining his 2-year-old subdivision. Then there were weeds growing out of the pavement. Eventually, he said, he even saw a few mesquite saplings starting to sprout. Acker joined about 20 neighbors at the Brazos County Courthouse Tuesday morning during a public hearing to gauge support for a county plan to fix the roadway problems. The solution county officials have proposed is for each of the east Brazos County neighborhood's approximately 40 residents to pay a one-time $500 fee to get the roads up to county standards. After that, officials said, the county can take over permanent responsibility for maintenance as it does for other subdivisions. According to Acker, who is president of the Hunter's Creek Neighborhood Association, the proposed solution has about 99 percent support from homeowners there.

Associations' rules can really hit home - Pittsburgh Tribune-Review
But then, we all knew that, didn't we?

From reminding property owners when it is time to paint their houses to not allowing fences or sheds on property they own, these resident-run groups often supersede municipal rules.

Tampa Bay Newspapers : Grants available for homeowner associations  
Another example of HOAs being built into the intergovernmental system as extensions of local government:

LARGO – Through the Good Neighbors Partnership Grant Program, homeowner associations have a chance to get free money. A Good Neighbors Partnership Grant Workshop will take place on Wednesday, Jan. 24, 6 p.m., at Largo City Hall Community Room.
warding up to $10,000 in matching funds, the City Commission established the program to help fund neighborhood projects, such as entryway monuments, park improvements, decorative lighting and landscaping.

Freeport balks at dredging canal for harbor
This story is from Texas. Seems the local government doesn't think it has authority to dredge a canal, but an HOA could, if it could be brought back from the dead. So the story goes. Isn't it something when an HOA has the power to solve problems the municipality is helpless to deal with?

FREEPORT — If residents of the Bridge Harbor subdivision want to see their neighborhood canal dredged, they should form a homeowner’s association for the effort, City Council members said Tuesday night...City representatives said the city should not be involved with any dredging efforts because of possible liability issues if dredging were to spread chemical contaminants that might have accumulated at the base of the canal...Although the subdivision is within city limits, the city does not control the canal, which courses about a mile through the waterside community. Federal and state agencies control water access, while the private corporation which owns Bridge Harbor also owns the actual canal bottom.
City Attorney Wallace Shaw told the homeowners they should “resurrect a homeowners’ association or some other non-profit group to take ownership of this canal,” and then dredging could ensue. Jim Pirrung, who has lived in Bridge Harbor for 17 years, disagreed.
“I would like to see the city buy the canal and dredge it and then assess property owners for costs,” he said. “We had a home association before annexation, but afterwards the association died from lack of interest. It was assumed the city would take over the responsibilities of a homeowners’ association.” Shaw said such an arrangement isn’t possible. “There’s no way repair of the canal could be assessed by the city like street (repairs),” he said. “There’s no authority from the Legislature for a city to do that.”

United Press International - NewsTrack - San Antonio community wants embryos out
Here's a remarkable story sent over by Fred Pilot:

SAN ANTONIO, Jan. 17 (UPI) -- The Dominion Homeowners Association in San Antonio issued a "cease and desist" notice to an embryo brokerage accused of violating deed restrictions.
The association claims Jennalee Ryan, the owner of the Abraham Center of Life, is violating her deed agreement in the upscale community by operating the business out of her home, the San Antonio Express-News reported Wednesday.

City Council might study neighborhood associations : Local : Albuquerque Tribune
It's about time. But check out the relationship with the city that these HOAs have already:

City Councilor Don Harris isn't involved in this dispute - his district is on the other side of town - but he's heard this sort of problem story enough that he wants to do something about it. "Most neighborhood associations and homeowners associations are functioning fairly well, but there is a significant minority where residents feel disenfranchised," he said. On Wednesday, Harris will introduce legislation to study the problems and pursue a solution. His bill would create a nine-member task force and charge it with investigating the situation and looking over two pieces of draft legislation that would set up new regulations for both types of neighborhood groups. The proposed rules, which Harris said likely wouldn't be introduced until summer, impose standards for the election of association officers, and in the case of homeowner associations, mandate that records be open for public inspection. While homeowners associations basically function as their own entities, neighborhood associations play a critical role in city government as a whole. The city maintains a formal process for recognizing associations (right now there are 188) and shares information with them about upcoming city projects, development proposals and even liquor license applications in their area...The official relationship goes further. City councilors, if they didn't already have an incentive to know their neighborhood leaders, are by law supposed to be given the contact information of officially recognized neighborhood association leaders. The same list is given to the news media on a monthly basis, meaning association leaders are routinely called on to represent their area to the rest of the city and region. The overall importance of associations is all the more reason, Harris said, to make sure the groups are transparent, democratic and actually representing their areas. "The neighborhood is oftentimes your first line of government," he said.

Poinciana Park parents want sex offender out | naplesnews.com | Naples Daily News
Note the HOA directors involvement in, or at least support for, trying to get a law passed that will keep sex offenders from living within 2500 feet of day care centers, parks, and schools.

A Ticket On a Taurus Grows Into Much More - washingtonpost.com
It seems private property still counts for something:

A three-judge panel in Alexandria went even further than Eberth had imagined, ruling that Prince William had no authority to ticket vehicles with expired inspection stickers parked on private -- or public -- property. The ruling by Judge Robert J. Humphreys said state law prohibits only the operation of a vehicle with an expired inspection sticker, casting doubt on whether police anywhere in Virginia can ticket parked vehicles with expired stickers. Because Prince William's code dates to at least 1965, the ruling suggests that the county has been erroneously citing drivers for more than four decades. Since 2000 alone -- the year Eberth got his first of three tickets -- Prince William has written 29,871 citations under Code 13-322, for fines totaling more than $1 million.

Dissolving a Homeowners Association III > Politics > Stories > Golden > YourHub.com
Here we are on part three, and the author still hasn't given much detail. Here's how it ends, with a request that we "stay tuned."

His attorney told him that if he could bring him in-depth details concerning what the homeowner had just recited to him (details about possible HOA wrongdoings that appeared to the attorney to be the worst of which he had made notes about), such as HOA documents, audio and/or video tape recordings, etc (what is commonly known as "hard evidence"), the attorney would "go to court" with it. That is, file a lawsuit against the homeowner's HOA which might eventually lead to dissolving it (no, intelligent and rational readers, it is not easy to dissolve HOAs in a state that has legislatively mandated them - as the state of Colorado's legislators and Governor did in 1992, and then made worse in 2005 and 2006 by adding amendments to, and deleting portions of, those laws). In fact, it might be easier for HOA homeowner advocates and HOA homeowners to just gather signatures on petitions to repeal all HOA laws for your state. But that's another "story" for another time. As the HOA homeowner left his attorney's office, he was already planning how he he would get the "hard evidence" his attorney needed to start the ball rolling towards the goal of dissolving his HOA.

Stay tuned.....

Curb your renters | Daily Press: Victorville, California
The Spring Valley Lake Association is hoping to change the codes, covenants and restrictions to keep better track of renters — bringing them out of an anonymous state and informing them of the rules. Based on a request by several members, the association formed a committee to amend the CC&Rs, said Chuck Jackson, chairman of the committee. “They asked the board to see if they could do something about better security and better enforcement of the rules and regulations,” Jackson said.If passed, the CC&Rs would require, for the first time, that landlords provide the homeowner’s association with a list of all tenants and residents of the home, and at the same time require renters to read and sign a copy of the rules and regulations.

The Seattle Times: Local News: Smoking foes bring the fight to apartment buildings
Obviously this will include condos. I guess the idea is to work throught the state legislatures and city councils, and also through the condo boards.

A year after a statewide smoking ban took effect at workplaces, restaurants, bars and other public places, a new battlefield over secondhand smoke is emerging: apartment buildings. Spurred on by nonsmoking tenants and public-health leaders, more private landlords are considering restricting smoking inside their rental units. And local public-housing agencies are also looking at banning smoking in the units of some buildings.

State Farm loses $2.5 million Katrina decision--Mississippi couple who lost home awarded punitive damages
Despite all the speculation, I don't think one jury trial in a single federal District Court is going to be the end of this coverage issue. State Farm and other insurers have gazillions at stake here. Still, it is good news for a lot of homeowners:

GULFPORT, Miss. - A jury on Thursday awarded $2.5 million in punitive damages to a couple who sued Bloomington-based State Farm Fire and Casualty Co. for denying their claim after Hurricane Katrina, a decision that could benefit hundreds of other homeowners challenging insurers for refusing to cover billions of dollars in storm damage.

Jean Jacques Couturier, 79; Union Organizer, Professor - washingtonpost.com
Shu Bartholomew informed me that Jean Couturier had passed away in early December. I am very sorry to see him go. He was a great man, they don’t make many people like him anymore. I met him at Borders book signing in Silver Spring, MD. He was interested in HOA reform and had some practical ideas about it. I gave a talk and mentioned Charles Ascher, who designed the model private government for Radburn, and he sent up a note that said, “I knew Charles Asher.” That was quite a shock, because all the events I described had occurred in 1928! Then we hooked up again in Oak Park. One of his chidren lived there. He was exploring the feasibility of a national HOA owners groups and told me he had decided it was going to be difficult, but he came up with a model for doing it. He was very smart, knew a whole lot about how to run organizations and governments, and was dedicated to the public good. It is really a great loss. My condolences to his family and friends. Here is part of the obituary from the Washington Post:
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Jean Jacques Couturier, 79, a union organizer, civil service reformer and university professor before retiring as executive director of the Senior Executives Association in Washington, died Dec. 7 at Lancaster Regional Medical Center in Lititz, Pa. A former resident of Chevy Chase, he had lived in Lancaster, Pa., since 2004. He spent the last two years of his career advocating for senior-level government workers. Before retiring in 1983, he took issue with reports that aides to former EPA administrator Anne Burford had compiled a hit list of career employees that they wanted fired or reassigned. He urged the Office of the Special Counsel of the Merit Systems Protection Board to investigate the alleged harassment.Throughout his career, Mr. Couturier worked on behalf of federal, state and local employees at all levels. He also spoke and wrote on topics such as civil service reform, collective bargaining in government, federal encroachment on state and local governments and careers in public management. In the academic arena for several years, he was director of research and sponsored programs at American University's College of Public and International Affairs in the early 1980s, as well as being an adjunct professor in residence in the School of Government and Public Administration, now called the School of Public Affairs. From 1974 to 1980, he was professor of public management and director of graduate studies in public management at Northwestern University. He was co-author of the book "The Public Interest in Government Labor Relations" (1977). One of Mr. Couturier's biggest achievements, said his son, Andy Couturier of Oakland, Calif., was his development of the National Civil Service Reform League's Model Public Personnel Administration Law of 1970, which has been adopted by numerous local governments.