KnowledgePlex: Article: Tiny Dwellings Concept Grows
Is this Common Interest Housing 2.0? The higher the land prices, the greater the pressure to build at higher density. Is the future of L.A. "Home, Sweet Rat Hole?" I have a hard time seeing this as home ownership.
Small, Manhattan-style apartments and condos could be in the San Gabriel Valley's future, though cities are resisting the change. In Pasadena, a developer is building 550-square-foot condos at market rates, as well as smaller single-room-occupancy apartments. The Los Angeles City Council could approve rules encouraging similarly sized units for downtown. There is a growing trend of building smaller units, said Anastasia Loukaitou-Sideris, chairwoman of UCLA's department of Urban Planning. "It is a result of necessity, with prices going very high and the need to accommodate more people," she said. "I can see a market for smaller units of 500 square feet, 700 square feet. I'm not sure the market can bear 250 square feet ... we might end up with rat holes."
Tuesday, August 07, 2007
It’s a Female Dog, or Worse. Or Endearing. And Illegal? - New York Times
The Nanny State kicks into high gear in (where else?) New York City. Can San Francisco be far behind? I can't think of a better example of government trying to take over the functions that parents are supposed to perform, such as teaching their kids not to talk like this.
The New York City Council, which drew national headlines when it passed a symbolic citywide ban earlier this year on the use of the so-called n-word, has turned its linguistic (and legislative) lance toward a different slur: bitch. The term is hateful and deeply sexist, said Councilwoman Darlene Mealy of Brooklyn, who has introduced a measure against the word, saying it creates “a paradigm of shame and indignity” for all women.
The Nanny State kicks into high gear in (where else?) New York City. Can San Francisco be far behind? I can't think of a better example of government trying to take over the functions that parents are supposed to perform, such as teaching their kids not to talk like this.
The New York City Council, which drew national headlines when it passed a symbolic citywide ban earlier this year on the use of the so-called n-word, has turned its linguistic (and legislative) lance toward a different slur: bitch. The term is hateful and deeply sexist, said Councilwoman Darlene Mealy of Brooklyn, who has introduced a measure against the word, saying it creates “a paradigm of shame and indignity” for all women.
No One Knows Why Family's Home Torn Down: Plan To Renovate Ends When House Mysteriously Disappears - New Orleans
Ever read "Hitchhiker's Guide to the Galaxy?" This is how it starts, so start looking for a Vogon demolition fleet.
"They don't know why. It happened it wasn't on the blighted list. The last call I made yesterday, they told me FEMA did it. Then, a guy called me back from FEMA and said they're not in the business if tearing down homes," Banks said.
Ever read "Hitchhiker's Guide to the Galaxy?" This is how it starts, so start looking for a Vogon demolition fleet.
"They don't know why. It happened it wasn't on the blighted list. The last call I made yesterday, they told me FEMA did it. Then, a guy called me back from FEMA and said they're not in the business if tearing down homes," Banks said.
Woman sells ashes of first wife | The Daily Telegraph
OK, it's not an HOA story. But you need to know.
A WOMAN in New York is in a spot of bother with her husband after accidentally selling the ashes of his first wife for 58 cents at a garage sale.
OK, it's not an HOA story. But you need to know.
A WOMAN in New York is in a spot of bother with her husband after accidentally selling the ashes of his first wife for 58 cents at a garage sale.
Charlotte Observer | 08/06/2007 | 'McMansions' bring tensions to old neighborhoods
Interesting story from the Charlotte area about how long-time residents organize using historic district designations to oppose "McMansions" in new development.
Today Americans seek more space than their parents. In new developments bigger homes can be built without hindrances. But the desire for more space creates a tension in some older neighborhoods, built for the needs of the past. Neighbors there find themselves walking a line between preserving the past and maintaining property rights, promoting growth yet controlling how it takes shape. Big renovations or teardowns can remove trees as homes take up bigger footprints on their lots. Taller houses can block sunshine or change the streetscape as they supersize.But homeowners have rights, too. And renovations can help boost a community's property values and may get rid of dilapidated buildings retrofitted with nonhistoric touches such as aluminum siding. And some additional development in existing neighborhoods increases density, reducing the need for more new, sprawling subdivisions that claim undeveloped land on the edge of the city. On both side of the issue, it creates strains on neighborhood relationships.But some older areas, without homeowner's associations that dictate the extent of renovations, have sought protection with a historic designation.
Interesting story from the Charlotte area about how long-time residents organize using historic district designations to oppose "McMansions" in new development.
Today Americans seek more space than their parents. In new developments bigger homes can be built without hindrances. But the desire for more space creates a tension in some older neighborhoods, built for the needs of the past. Neighbors there find themselves walking a line between preserving the past and maintaining property rights, promoting growth yet controlling how it takes shape. Big renovations or teardowns can remove trees as homes take up bigger footprints on their lots. Taller houses can block sunshine or change the streetscape as they supersize.But homeowners have rights, too. And renovations can help boost a community's property values and may get rid of dilapidated buildings retrofitted with nonhistoric touches such as aluminum siding. And some additional development in existing neighborhoods increases density, reducing the need for more new, sprawling subdivisions that claim undeveloped land on the edge of the city. On both side of the issue, it creates strains on neighborhood relationships.But some older areas, without homeowner's associations that dictate the extent of renovations, have sought protection with a historic designation.
Monday, August 06, 2007
Haikou to scrap the use of '4' in auto plates -- Shanghai Daily
Here is a Chinese city's entry in the "Craziest Municipal Ordinance" contest, proving that public local governments can be just as nuts as HOAs.
HAIKOU City will no longer use the number four in auto plates because in Chinese it is pronounced like death, police announced today.
Here is a Chinese city's entry in the "Craziest Municipal Ordinance" contest, proving that public local governments can be just as nuts as HOAs.
HAIKOU City will no longer use the number four in auto plates because in Chinese it is pronounced like death, police announced today.
Walking to the shops ‘damages planet more than going by car’ - Times Online
Stay home and stare into space, you selfish oafs. All this walking around is killing the planet. Take one look at Al Gore and you can tell that he stopped walking a long time ago.
Walking does more than driving to cause global warming, a leading environmentalist has calculated. Food production is now so energy-intensive that more carbon is emitted providing a person with enough calories to walk to the shops than a car would emit over the same distance. The climate could benefit if people avoided exercise, ate less and became couch potatoes. Provided, of course, they remembered to switch off the TV rather than leaving it on standby. The sums were done by Chris Goodall, campaigning author of How to Live a Low-Carbon Life, based on the greenhouse gases created by intensive beef production.
Stay home and stare into space, you selfish oafs. All this walking around is killing the planet. Take one look at Al Gore and you can tell that he stopped walking a long time ago.
Walking does more than driving to cause global warming, a leading environmentalist has calculated. Food production is now so energy-intensive that more carbon is emitted providing a person with enough calories to walk to the shops than a car would emit over the same distance. The climate could benefit if people avoided exercise, ate less and became couch potatoes. Provided, of course, they remembered to switch off the TV rather than leaving it on standby. The sums were done by Chris Goodall, campaigning author of How to Live a Low-Carbon Life, based on the greenhouse gases created by intensive beef production.
Big Insurers Win Ruling On Katrina Levee Break - washingtonpost.com
I haven't read this opinion yet, but I am thinking it has implications beyond the Katrina losses. HOAs and condo associations with property damage caused by water and maybe other causes could be affected. The insurance industry rewrote its first-party property policies long ago to avoid exposure for major water and earth movement claims. Those were always excluded, but they ended up paying anyway if there was a covered peril, such as human negligence, that contributed to the loss concurrently with an excluded peril, like floods. So the trick for claimants' attorneys has always been to find the negligence and then demand payment, notwithstanding the exclusion, and to sue for insurance bad faith if you don't get paid for the loss. This decision says the policy exclusions are not ambiguous and coverage for floods is excluded, regardless of whether the flood was an "act of God" (although why people blame God for this I'll never understand) or the result of human negligence, such as badly constructed levees that breach. This is an appellate court opinion in a huge case with a whole lot of insurance companies and will be cited as precedent.
Hurricane Katrina victims whose homes and businesses were destroyed after floodwaters breached levees in the 2005 storm cannot recover money from their insurance companies for the damage, a federal appeals court ruled yesterday...The appeals panel concluded, however, that "even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery."
I haven't read this opinion yet, but I am thinking it has implications beyond the Katrina losses. HOAs and condo associations with property damage caused by water and maybe other causes could be affected. The insurance industry rewrote its first-party property policies long ago to avoid exposure for major water and earth movement claims. Those were always excluded, but they ended up paying anyway if there was a covered peril, such as human negligence, that contributed to the loss concurrently with an excluded peril, like floods. So the trick for claimants' attorneys has always been to find the negligence and then demand payment, notwithstanding the exclusion, and to sue for insurance bad faith if you don't get paid for the loss. This decision says the policy exclusions are not ambiguous and coverage for floods is excluded, regardless of whether the flood was an "act of God" (although why people blame God for this I'll never understand) or the result of human negligence, such as badly constructed levees that breach. This is an appellate court opinion in a huge case with a whole lot of insurance companies and will be cited as precedent.
Hurricane Katrina victims whose homes and businesses were destroyed after floodwaters breached levees in the 2005 storm cannot recover money from their insurance companies for the damage, a federal appeals court ruled yesterday...The appeals panel concluded, however, that "even if the plaintiffs can prove that the levees were negligently designed, constructed, or maintained and that the breaches were due to this negligence, the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery."
American Home Files for Bankruptcy After Shutdown
The other big shoe drops. Last week they fired almost the entire staff, this week it is bankruptcy.
Aug. 6 (Bloomberg) -- American Home Mortgage Investment Corp. became the second-biggest residential lender to file for bankruptcy protection this year, adding to signs that late payments have spread to homeowners with good credit records. The company sought federal court protection from creditors in Wilmington, Delaware, today, saying it had assets of more than $100 million and debts of more than $100 million owed to more than 100,000 creditors. The filing comes after the company announced Aug. 2 it would halt operations and slash staff. American Home specialized in mortgages for people who fall just short of top credit scores. More than half a dozen competitors have declared bankruptcy this year as defaults spilled over from ``subprime'' borrowers with the worst repayment records to those with more reliable payment histories. ``Their sources of funding have all dried up,'' said Mark T. Power, an attorney who is representing some creditors in the case. ``This case is going to be very similar to New Century.'' New Century Financial Corp., based in Irvine, California, became the largest home lender to seek court protection from its creditors when it filed for bankruptcy in April. The company is now being liquidated. Melville, New York-based American Home also is probably going to be forced to liquidate, Power said in an interview Friday, after American Home told employees that it was planning to declare bankruptcy.
The other big shoe drops. Last week they fired almost the entire staff, this week it is bankruptcy.
Aug. 6 (Bloomberg) -- American Home Mortgage Investment Corp. became the second-biggest residential lender to file for bankruptcy protection this year, adding to signs that late payments have spread to homeowners with good credit records. The company sought federal court protection from creditors in Wilmington, Delaware, today, saying it had assets of more than $100 million and debts of more than $100 million owed to more than 100,000 creditors. The filing comes after the company announced Aug. 2 it would halt operations and slash staff. American Home specialized in mortgages for people who fall just short of top credit scores. More than half a dozen competitors have declared bankruptcy this year as defaults spilled over from ``subprime'' borrowers with the worst repayment records to those with more reliable payment histories. ``Their sources of funding have all dried up,'' said Mark T. Power, an attorney who is representing some creditors in the case. ``This case is going to be very similar to New Century.'' New Century Financial Corp., based in Irvine, California, became the largest home lender to seek court protection from its creditors when it filed for bankruptcy in April. The company is now being liquidated. Melville, New York-based American Home also is probably going to be forced to liquidate, Power said in an interview Friday, after American Home told employees that it was planning to declare bankruptcy.
Consumer protection law has fans and foes - 08/05/2007 - MiamiHerald.com
The new Florida foreclosure regulations produce some reactions:
A new state law is making it harder for homeowner associations to foreclose on homes for delinquent dues. But the new law comes at a price to struggling homeowners: It allows associations to collect interest on unpaid bills, a hefty 18 percent per year if the community's governing documents don't specify a rate. Previously, HOAs couldn't charge interest unless it was outlined in the documents. Furthermore, the new law holds current owners responsible for unpaid dues, even if they were racked up by a previous owner. Still, the law's sponsor, state Sen. Jeremy Ring, R-Margate, called it a ''very strong consumer bill'' that protects homeowners from abusive debt collection. The new law does not apply to condo associations.
The new Florida foreclosure regulations produce some reactions:
A new state law is making it harder for homeowner associations to foreclose on homes for delinquent dues. But the new law comes at a price to struggling homeowners: It allows associations to collect interest on unpaid bills, a hefty 18 percent per year if the community's governing documents don't specify a rate. Previously, HOAs couldn't charge interest unless it was outlined in the documents. Furthermore, the new law holds current owners responsible for unpaid dues, even if they were racked up by a previous owner. Still, the law's sponsor, state Sen. Jeremy Ring, R-Margate, called it a ''very strong consumer bill'' that protects homeowners from abusive debt collection. The new law does not apply to condo associations.
Sunday, August 05, 2007
The downside of diversity
This sounds like support for the niche marketing we see so much of with CIDs. Runs counter to what most people say these days about diversity being our greatest strength, especially politicians during election years.
IT HAS BECOME increasingly popular to speak of racial and ethnic diversity as a civic strength. From multicultural festivals to pronouncements from political leaders, the message is the same: our differences make us stronger. But a massive new study, based on detailed interviews of nearly 30,000 people across America, has concluded just the opposite. Harvard political scientist Robert Putnam -- famous for "Bowling Alone," his 2000 book on declining civic engagement -- has found that the greater the diversity in a community, the fewer people vote and the less they volunteer, the less they give to charity and work on community projects. In the most diverse communities, neighbors trust one another about half as much as they do in the most homogenous settings. The study, the largest ever on civic engagement in America, found that virtually all measures of civic health are lower in more diverse settings.
This sounds like support for the niche marketing we see so much of with CIDs. Runs counter to what most people say these days about diversity being our greatest strength, especially politicians during election years.
IT HAS BECOME increasingly popular to speak of racial and ethnic diversity as a civic strength. From multicultural festivals to pronouncements from political leaders, the message is the same: our differences make us stronger. But a massive new study, based on detailed interviews of nearly 30,000 people across America, has concluded just the opposite. Harvard political scientist Robert Putnam -- famous for "Bowling Alone," his 2000 book on declining civic engagement -- has found that the greater the diversity in a community, the fewer people vote and the less they volunteer, the less they give to charity and work on community projects. In the most diverse communities, neighbors trust one another about half as much as they do in the most homogenous settings. The study, the largest ever on civic engagement in America, found that virtually all measures of civic health are lower in more diverse settings.
Classical Values :: When failure to police yourself against crimes you haven't committed becomes a crime
If this car sells, I have to conclude that the entire concept of individual liberty is dead. Crimony.
If this car sells, I have to conclude that the entire concept of individual liberty is dead. Crimony.
Saturday, August 04, 2007
Freedom from homeowners' associations
This is a note from Tracy, CA, a couple of hours east of San Francisco. The reaction of the author's daughter bespeaks a cultural shift of some sort. Years ago I interviewed Rich Louv, author of the great book "America II." He said about HOAs, "we are raising a generation of children in this country who don't know that you should be able to paint your house any color you want." I think maybe he was right. Scary?
I was tooling down the street near my home last week when I saw something odd. In the middle of this nondescript neighborhood was a pink house. This was not the sunset-tinged, faint pink of which there are a couple already in the neighborhood. No, this new hue was a riotous flamingo pink all over a house previously graced with a, well, nondescript color. My daughter, who is a designer, was not amused. How could they do that? Where do they think this is, the Riviera? What about calling the homeowners’ association? Are we going to let them get away with this? Well, yes. There is, to my knowledge, no homeowners’ association in this neighborhood.
This is a note from Tracy, CA, a couple of hours east of San Francisco. The reaction of the author's daughter bespeaks a cultural shift of some sort. Years ago I interviewed Rich Louv, author of the great book "America II." He said about HOAs, "we are raising a generation of children in this country who don't know that you should be able to paint your house any color you want." I think maybe he was right. Scary?
I was tooling down the street near my home last week when I saw something odd. In the middle of this nondescript neighborhood was a pink house. This was not the sunset-tinged, faint pink of which there are a couple already in the neighborhood. No, this new hue was a riotous flamingo pink all over a house previously graced with a, well, nondescript color. My daughter, who is a designer, was not amused. How could they do that? Where do they think this is, the Riviera? What about calling the homeowners’ association? Are we going to let them get away with this? Well, yes. There is, to my knowledge, no homeowners’ association in this neighborhood.
China tells living Buddhas to obtain permission before they reincarnate - Times Online
Can we agree that this takes government regulation a bit too far?
Tibet’s living Buddhas have been banned from reincarnation without permission from China’s atheist leaders. The ban is included in new rules intended to assert Beijing’s authority over Tibet’s restive and deeply Buddhist people. “The so-called reincarnated living Buddha without government approval is illegal and invalid,” according to the order, which comes into effect on September 1.
Can we agree that this takes government regulation a bit too far?
Tibet’s living Buddhas have been banned from reincarnation without permission from China’s atheist leaders. The ban is included in new rules intended to assert Beijing’s authority over Tibet’s restive and deeply Buddhist people. “The so-called reincarnated living Buddha without government approval is illegal and invalid,” according to the order, which comes into effect on September 1.
Homebuilders: Bargains or Value Traps?
This is a link to The Motley Fool:
The past two weeks have been a nightmare for homebuilders. Shares in just about every company in the industry, from Hovnanian (NYSE: HOV) to Pulte Homes (NYSE: PHM), are selling at prices not seen since before the housing boom began. Listen in on the USG (NYSE: USG) conference call, and you will get a clear indication of how painful things are in the housing industry. Listen in on the Countrywide (NYSE: CFC) conference call, and you will know how dire the mortgage situation is becoming. Basically, everything that could go wrong in homebuilding, is going wrong. There is an oversupply of new and existing homes. House values are dropping by rates reminiscent of what happened in the Great Depression. Mortgages, both subprime and now even prime, are defaulting at accelerating rates.
This is a link to The Motley Fool:
The past two weeks have been a nightmare for homebuilders. Shares in just about every company in the industry, from Hovnanian (NYSE: HOV) to Pulte Homes (NYSE: PHM), are selling at prices not seen since before the housing boom began. Listen in on the USG (NYSE: USG) conference call, and you will get a clear indication of how painful things are in the housing industry. Listen in on the Countrywide (NYSE: CFC) conference call, and you will know how dire the mortgage situation is becoming. Basically, everything that could go wrong in homebuilding, is going wrong. There is an oversupply of new and existing homes. House values are dropping by rates reminiscent of what happened in the Great Depression. Mortgages, both subprime and now even prime, are defaulting at accelerating rates.
Friday, August 03, 2007
Condo rules may stump buyers -- chicagotribune.com
Mystery Reader sent this link to a great article by Pam McKuen of the Chicago Tribune, who is one of the most knowledgeable journalists on this topic. How I missed it when I had the Trib open in front of me at the breakfast counter, I don't know.
Mystery Reader sent this link to a great article by Pam McKuen of the Chicago Tribune, who is one of the most knowledgeable journalists on this topic. How I missed it when I had the Trib open in front of me at the breakfast counter, I don't know.
US mortgage giant ceases new business, lays off thousands
American Home Mortgage, one of the country's biggest mortgage companies, ceased new business Friday and blamed its woes on the stricken US housing market and a related credit crunch. Numerous mortgage lenders have gone out of business in recent months, but American Home Mortgage is one of the largest to be hit by problems. It minted 59 billion dollars in loans last year, up from 45 billion in 2005. In a statement late Thursday, the home loan giant said it had stopped taking new mortgage applications and had told most of its employees they would be laid off Friday. "The company employee base will be reduced from over 7,000 to approximately 750," the distressed firm said. "The market conditions in both the secondary mortgage market as well as the national real estate market have deteriorated to the point that we have no realistic alternative," said American Home Mortgage's chief executive Michael Strauss. The multitrillion-dollar US mortgage sector has been buffeted by a national housing slump, a sharp rise in home foreclosures, and tightening credit conditions which makes it difficult to borrow fresh cash and offer new loans.
American Home Mortgage, one of the country's biggest mortgage companies, ceased new business Friday and blamed its woes on the stricken US housing market and a related credit crunch. Numerous mortgage lenders have gone out of business in recent months, but American Home Mortgage is one of the largest to be hit by problems. It minted 59 billion dollars in loans last year, up from 45 billion in 2005. In a statement late Thursday, the home loan giant said it had stopped taking new mortgage applications and had told most of its employees they would be laid off Friday. "The company employee base will be reduced from over 7,000 to approximately 750," the distressed firm said. "The market conditions in both the secondary mortgage market as well as the national real estate market have deteriorated to the point that we have no realistic alternative," said American Home Mortgage's chief executive Michael Strauss. The multitrillion-dollar US mortgage sector has been buffeted by a national housing slump, a sharp rise in home foreclosures, and tightening credit conditions which makes it difficult to borrow fresh cash and offer new loans.
My Way News - More Than 70,000 Bridges Rated Deficient
After the Minnesota bridge collapse, you can expect more articles on crumbling public infrastructure. I talk a lot about crumbling private infrastructure, so which is a bigger problem? The main difference is the way the costs are handled. When the private streets in an HOA have to be repaired, you can expect a special assessment that will be pretty stiff, with $10,000 or $20,000 being fairly common these days. No way will any taxpayer in the nation get hit with a $10,000 tax increase for this bridge collapse, or all 70,000 of the "deficient" bridges. And the market consequences are different. It is possible for all concerned to walk away from a crumbling CID and for nobody to buy another unit. But there haven't been many public "ghost towns" created recently that I know of. Somehow, some level of government seems to step up, or "public-private partnerships" get set up.
After the Minnesota bridge collapse, you can expect more articles on crumbling public infrastructure. I talk a lot about crumbling private infrastructure, so which is a bigger problem? The main difference is the way the costs are handled. When the private streets in an HOA have to be repaired, you can expect a special assessment that will be pretty stiff, with $10,000 or $20,000 being fairly common these days. No way will any taxpayer in the nation get hit with a $10,000 tax increase for this bridge collapse, or all 70,000 of the "deficient" bridges. And the market consequences are different. It is possible for all concerned to walk away from a crumbling CID and for nobody to buy another unit. But there haven't been many public "ghost towns" created recently that I know of. Somehow, some level of government seems to step up, or "public-private partnerships" get set up.
Condominium homeowners face rising condo fees and special assessments
Marjorie Murray of the Center for California Homeowner Association Law sent this link. For more information from her, try info@calhomelaw.org
Currently 178 cities in the state have inclusionary housing laws which require developers to build affordable units (typically 10-20 percent) into their projects. But condos in general attract those looking for affordable housing. With a state-wide trend toward more urban in-fill, smart growth projects and mixed income multi-family housing, two out of three new units now being built are part of so-called Common Interest Developments. Even many new single family developments are designed as condos -- with the homeowners (rather than the city) responsible for maintaining infrastructure and roads. Be they young first-time home buyers or seniors -- many choose the condo over a single family home as a more practical, affordable solution. After all, the exterior maintenance costs are shared -- it's got to be cheaper, right? But what begins as affordable housing can change fast when monthly fees rise precipitously and special or emergency assessments fall like rain.
Marjorie Murray of the Center for California Homeowner Association Law sent this link. For more information from her, try info@calhomelaw.org
Currently 178 cities in the state have inclusionary housing laws which require developers to build affordable units (typically 10-20 percent) into their projects. But condos in general attract those looking for affordable housing. With a state-wide trend toward more urban in-fill, smart growth projects and mixed income multi-family housing, two out of three new units now being built are part of so-called Common Interest Developments. Even many new single family developments are designed as condos -- with the homeowners (rather than the city) responsible for maintaining infrastructure and roads. Be they young first-time home buyers or seniors -- many choose the condo over a single family home as a more practical, affordable solution. After all, the exterior maintenance costs are shared -- it's got to be cheaper, right? But what begins as affordable housing can change fast when monthly fees rise precipitously and special or emergency assessments fall like rain.
PACKETONLINE News Classifieds Entertainment Business - Princeton and Central New Jersey - DISPATCHES: Privatizing public spaces
More on Twin Rivers, but I think his rendering of my statements is hard to follow, even for me.
More on Twin Rivers, but I think his rendering of my statements is hard to follow, even for me.
Numbers show communities face huge bills for pensions- NJ.com
Here's one big advantage HOAs have over public local governments: few HOAs have to worry about the burden of employee pensions.
Here's one big advantage HOAs have over public local governments: few HOAs have to worry about the burden of employee pensions.
Thursday, August 02, 2007
Call 3 Problem Solvers: Abandoned Pools Pose Health Threat - Yahoo! News
From Fred Pilot comes this tale of a problem that had never occurred to me until now: homes foreclosed on or not sold; stagnant water in backyard swimming pools; mosquitoes breed; West Nile virus eradicates the population. No mention of the Creature from the Black Lagoon...yet.
Experts said the weakening California housing market has created all kinds of problems, including an increased risk of West Nile virus.The Call 3 Problem Solvers looked at why abandoned pools could be threatening area neighborhoods. The Sacramento-Yolo Mosquito and Vector Control District said abandoned pools can produce mosquitoes at alarming rates.
From Fred Pilot comes this tale of a problem that had never occurred to me until now: homes foreclosed on or not sold; stagnant water in backyard swimming pools; mosquitoes breed; West Nile virus eradicates the population. No mention of the Creature from the Black Lagoon...yet.
Experts said the weakening California housing market has created all kinds of problems, including an increased risk of West Nile virus.The Call 3 Problem Solvers looked at why abandoned pools could be threatening area neighborhoods. The Sacramento-Yolo Mosquito and Vector Control District said abandoned pools can produce mosquitoes at alarming rates.
Resident, HOA in tiff over play set--www.newszap.com
Another Fred Pilot over-the-transom delivery, this one about a swing set that the HOA says is too close to the family's property line.
Northeast Phoenix resident Don Lawrence loves living in Desert Ridge, but is frustrated with how the community association enforces its rules. Mr. Lawrence and his wife, Maria, who live in a single-story community, are in litigation with the Desert Ridge Community Association, which claims the Lawrences ignored orders to remove a backyard play set located that violates the development’s design guidelines. The community association is managed by Rossmar & Graham Community Association Management.
Another Fred Pilot over-the-transom delivery, this one about a swing set that the HOA says is too close to the family's property line.
Northeast Phoenix resident Don Lawrence loves living in Desert Ridge, but is frustrated with how the community association enforces its rules. Mr. Lawrence and his wife, Maria, who live in a single-story community, are in litigation with the Desert Ridge Community Association, which claims the Lawrences ignored orders to remove a backyard play set located that violates the development’s design guidelines. The community association is managed by Rossmar & Graham Community Association Management.
voiceofsandiego.org: News... In Arid San Diego, the Grass Isn't Always Greener
This issue keeps coming up. Common sense tells you not to water your lawn because you live in a desert, but the HOA tells you to keep it green.
Nimal Diunugala gives his front yard a five-minute dose of water each night. Not to keep it green. To keep out of trouble. When he doesn't water it and brown patches show up, his homeowners association sends a reminder letter. Its message, in effect: Your grass must be green...In its place, he wants to plant drought-resistant plants, which can include cacti, manzanita and sagebrush. Doing so won't earn him another letter, thanks to a state law that went into effect in January, which prohibits homeowners associations from requiring residents to have lawns. If a homeowner has a lawn, the association can require that it be kept looking lush. But the law prohibits the association from requiring the lawn. Residents now have legal protection to rip out their lawns and plant native vegetation instead.
This issue keeps coming up. Common sense tells you not to water your lawn because you live in a desert, but the HOA tells you to keep it green.
Nimal Diunugala gives his front yard a five-minute dose of water each night. Not to keep it green. To keep out of trouble. When he doesn't water it and brown patches show up, his homeowners association sends a reminder letter. Its message, in effect: Your grass must be green...In its place, he wants to plant drought-resistant plants, which can include cacti, manzanita and sagebrush. Doing so won't earn him another letter, thanks to a state law that went into effect in January, which prohibits homeowners associations from requiring residents to have lawns. If a homeowner has a lawn, the association can require that it be kept looking lush. But the law prohibits the association from requiring the lawn. Residents now have legal protection to rip out their lawns and plant native vegetation instead.
FOXNews.com - Dog Shoots Owner in the Back in Memphis, Tennessee
Today's "dog shoots man" story. There is an incriminating photo of the assailant.
Today's "dog shoots man" story. There is an incriminating photo of the assailant.
Homeowners say lenders should be more forgiving - Yahoo! News
NEW YORK (Reuters) - U.S. homeowners who fall behind on mortgage payments say lenders have grown slightly more flexible in scheduling late payments but are less accommodating than they ought to be, according to a study released on Wednesday.
NEW YORK (Reuters) - U.S. homeowners who fall behind on mortgage payments say lenders have grown slightly more flexible in scheduling late payments but are less accommodating than they ought to be, according to a study released on Wednesday.
Wednesday, August 01, 2007
UnionDemocrat.com - Copper man fights for home addition
Fred Pilot tracked this down. Check out how this fellow got injured, and look how his HOA is treating him.
A Copper Cove man who made Calaveras County-approved additions to his home to make it more handicap accessible may be forced to tear down the improvements if the Copper Cove and Lake Tulloch Owners' Association has its way.Ken Gutman, a 61-year-old retired hydraulic engineer and former peace officer with "a worn out hip," completed the 1,100-square-foot addition to his house just weeks before the association's lawyers told him to stop building. And now, the association board of directors has voted to impose daily fines and suspend his homeowner rights if he doesn't remove the add-on."I'm the kind of guy who obeys the rules, and if I break one I make things right," Gutman said. "But, my contractor followed the rules to the letter on this project, and I just can't believe what the association wants to do to me." Gutman took a bullet in his right hip when he worked as a Santa Cruz County sheriff's deputy in the late 1960s.
Fred Pilot tracked this down. Check out how this fellow got injured, and look how his HOA is treating him.
A Copper Cove man who made Calaveras County-approved additions to his home to make it more handicap accessible may be forced to tear down the improvements if the Copper Cove and Lake Tulloch Owners' Association has its way.Ken Gutman, a 61-year-old retired hydraulic engineer and former peace officer with "a worn out hip," completed the 1,100-square-foot addition to his house just weeks before the association's lawyers told him to stop building. And now, the association board of directors has voted to impose daily fines and suspend his homeowner rights if he doesn't remove the add-on."I'm the kind of guy who obeys the rules, and if I break one I make things right," Gutman said. "But, my contractor followed the rules to the letter on this project, and I just can't believe what the association wants to do to me." Gutman took a bullet in his right hip when he worked as a Santa Cruz County sheriff's deputy in the late 1960s.
Local & State News - Tampa Bay's 10 - tampabays10.com
Fred Pilot sent this little slice of life about how as he notes, even the rule-breakers are moving into CIDs now. Should make for an interesting future, especially for attorneys.
In Westchase, a color palette committee has just approved new shades of exterior house paint. "The color I chose was not on the palette, but its one I found and I submitted it to them and they were okay with it. But to be honest, I painted it before they checked," homeowner Sandra Rodgers said with a laugh. The rules are no secret to homeowners like Rodgers. Signs are everywhere: “No” this, “don’t” do that. "It took me a long time to make the decision to move out here, because I am not a real rule-oriented person," she said. But even rule breakers are caving. More people are moving into planned communities.
Fred Pilot sent this little slice of life about how as he notes, even the rule-breakers are moving into CIDs now. Should make for an interesting future, especially for attorneys.
In Westchase, a color palette committee has just approved new shades of exterior house paint. "The color I chose was not on the palette, but its one I found and I submitted it to them and they were okay with it. But to be honest, I painted it before they checked," homeowner Sandra Rodgers said with a laugh. The rules are no secret to homeowners like Rodgers. Signs are everywhere: “No” this, “don’t” do that. "It took me a long time to make the decision to move out here, because I am not a real rule-oriented person," she said. But even rule breakers are caving. More people are moving into planned communities.
wcbstv.com - NYC Health Officials Move To Get Babies Off Bottle
I have heard the term "Nanny State" before, but until now I never fully understood that it was literally true.
(CBS) NEW YORK First they moved against smoking, and then trans fats. Now, city health officials are taking on the bottle -- as in a baby's bottle. On Tuesday they announced a new campaign to promote breastfeeding instead of using formula. Baby bottles beware. City hospitals don't want you around. Instead, they want infants to eat at Mom's instead. "We're producing it. Why not give it to the baby," new mother Mashia Nelson said. The push toward breastfeeding means a ban on freebie formula when you leave the hospital.
I have heard the term "Nanny State" before, but until now I never fully understood that it was literally true.
(CBS) NEW YORK First they moved against smoking, and then trans fats. Now, city health officials are taking on the bottle -- as in a baby's bottle. On Tuesday they announced a new campaign to promote breastfeeding instead of using formula. Baby bottles beware. City hospitals don't want you around. Instead, they want infants to eat at Mom's instead. "We're producing it. Why not give it to the baby," new mother Mashia Nelson said. The push toward breastfeeding means a ban on freebie formula when you leave the hospital.
Tuesday, July 31, 2007
Gulfnews: Condominium Law is in highest stages of consideration
Just in case you think condos are just for Americans, here is some news from the Middle East:
Dubai: The all-important regulatory framework governing Dubai's property sector took a huge leap forward last week with the introduction of trust accounts safeguarding home buyer's payments for off plan purchases. Attention is now focused on preparing the market for a long-awaited law which will dictate management of the common areas of housing developments. A draft of the Condominium Law (also known as Strata Law) was submitted to Dubai's highest authorities some time ago and is in the "highest stages" of consideration before official approval, said Dubai Land Department.
Just in case you think condos are just for Americans, here is some news from the Middle East:
Dubai: The all-important regulatory framework governing Dubai's property sector took a huge leap forward last week with the introduction of trust accounts safeguarding home buyer's payments for off plan purchases. Attention is now focused on preparing the market for a long-awaited law which will dictate management of the common areas of housing developments. A draft of the Condominium Law (also known as Strata Law) was submitted to Dubai's highest authorities some time ago and is in the "highest stages" of consideration before official approval, said Dubai Land Department.
American Home Can't Fund Mortgages, Shares Plummet
uly 31 (Bloomberg) -- American Home Mortgage Investment Corp. shares plunged 90 percent after the lender said it doesn't have cash to fund new loans, stranding thousands of home buyers and putting the company on the brink of failure. Investment banks cut off credit lines, leaving American Home without money yesterday for $300 million of mortgages it had already promised, the Melville, New York-based company said in a statement today. It anticipates that $450 million to $500 million of loans probably won't get funded today, and the lender may have to sell off its assets.
uly 31 (Bloomberg) -- American Home Mortgage Investment Corp. shares plunged 90 percent after the lender said it doesn't have cash to fund new loans, stranding thousands of home buyers and putting the company on the brink of failure. Investment banks cut off credit lines, leaving American Home without money yesterday for $300 million of mortgages it had already promised, the Melville, New York-based company said in a statement today. It anticipates that $450 million to $500 million of loans probably won't get funded today, and the lender may have to sell off its assets.
FOXNews.com - Ohio Mother Files Complaint Against Condo That Barred Young Kids From Pool - Local News | News Articles | National News | US News
I've been teaching civil liberties and civil rights for about 16 years or so, and I would have sworn that potty training isn't mentioned in the Constitution. Somebody show me where it is.
AKRON, Ohio — An Akron mother and the Fair Housing Advocates Association have filed complaints against her condo association, charging that the group denied swimming pool use to children who are not potty trained. Suzanne Malcom filed complaints with the Ohio Civil Rights Commission this month after Seven Stories East Condominiums told her that her one-year-old son Lucas wasn't welcome in the outdoor pool, she said.
I've been teaching civil liberties and civil rights for about 16 years or so, and I would have sworn that potty training isn't mentioned in the Constitution. Somebody show me where it is.
AKRON, Ohio — An Akron mother and the Fair Housing Advocates Association have filed complaints against her condo association, charging that the group denied swimming pool use to children who are not potty trained. Suzanne Malcom filed complaints with the Ohio Civil Rights Commission this month after Seven Stories East Condominiums told her that her one-year-old son Lucas wasn't welcome in the outdoor pool, she said.
Monday, July 30, 2007
Condos tangled in legal battles- al.com
Sounds like a jolly old legal free-for-all with attorney fees raining from the sky.
GULF SHORES -- Months after getting the keys to their units in the 18-story Lighthouse Condominium tower, the owners of the 252 Gulf-front condos are snarled in a four-way legal battle over $1.26 million that contractors say they are owed for construction work. The litigation pits the owners, developers, contractors and the $60 million project's bonding company against each other in a crisscross of claims over the unpaid construction bills, which have clouded titles to the condos. At the same time, the owners are suing the building's developers over construction quality and accounting issues.
Sounds like a jolly old legal free-for-all with attorney fees raining from the sky.
GULF SHORES -- Months after getting the keys to their units in the 18-story Lighthouse Condominium tower, the owners of the 252 Gulf-front condos are snarled in a four-way legal battle over $1.26 million that contractors say they are owed for construction work. The litigation pits the owners, developers, contractors and the $60 million project's bonding company against each other in a crisscross of claims over the unpaid construction bills, which have clouded titles to the condos. At the same time, the owners are suing the building's developers over construction quality and accounting issues.
AMENDMENTS TO UNIFORM COMMON INTEREST OWNERSHIP ACT: Homeowners Bill of Rights Act
These are the provisions of the full act (see previous post) that are designated as the owners Bill of Rights.
These are the provisions of the full act (see previous post) that are designated as the owners Bill of Rights.
AMENDMENTS TO UNIFORM COMMON INTEREST OWNERSHIP ACT
As we speak, the National Council of Commissioners on Uniform State Laws are meeting in Pasadena, CA, and on the agenda is whether to adopt this amended UICIOA. It has some expanded protections for owners, such as an explicit statement that the BOD can use discretion is deciding whether to take collections actions for unpaid assessments and enforcement actions for alleged rule violations. This is important, because boards may take actions in de minimus cases out of fear of being sued for breach of fiduciary duty if they don't act. Also, the BOD must approve each foreclosure action, and foreclosure is allowed only after 3 months of unpaid assessments, and foreclosure isn't allowed for fines alone unless there is a personal judgment against the owner. There are also four different versions of some election changes that the commissioners will choose from. And there is a pretty expansive power of owners to recall directors.
But many owner activists don't think the protections are adequate. I'll have more about this depending on the outcome of the meeting.
As we speak, the National Council of Commissioners on Uniform State Laws are meeting in Pasadena, CA, and on the agenda is whether to adopt this amended UICIOA. It has some expanded protections for owners, such as an explicit statement that the BOD can use discretion is deciding whether to take collections actions for unpaid assessments and enforcement actions for alleged rule violations. This is important, because boards may take actions in de minimus cases out of fear of being sued for breach of fiduciary duty if they don't act. Also, the BOD must approve each foreclosure action, and foreclosure is allowed only after 3 months of unpaid assessments, and foreclosure isn't allowed for fines alone unless there is a personal judgment against the owner. There are also four different versions of some election changes that the commissioners will choose from. And there is a pretty expansive power of owners to recall directors.
But many owner activists don't think the protections are adequate. I'll have more about this depending on the outcome of the meeting.
Sunday, July 29, 2007
Move to create affordable homes is 'blocked by housebuilders'
I need to get myself a big "OBVIOUS" symbol for items like this.
Britain's leading developers have been accused of blocking government plans to force them to build more affordable housing.
I need to get myself a big "OBVIOUS" symbol for items like this.
Britain's leading developers have been accused of blocking government plans to force them to build more affordable housing.
cbs2.com - Garlic Farms Getting Cleared Out Of Gilroy
Land use pressure in Gilroy? No garlic? What is the world coming to? My kids and I just got back from California. We were driving up and down the coast highway and Highway 101, and got pretty close to Gilroy when we spent the night in Watsonville. (If you are in the Monterey or Watsonville area, check out Phil's Eatery and Fish Market in Moss Landing, by the way.) Anyway, we weren't close enough to Gilroy to smell the garlic. But if you look at the place on a map,you will see that anybody who tries to commute from there to San Francisco had better pack a lunch.
AP) GILROY, Calif. People enjoying the Gilroy Garlic Festival Saturday may not know that while the garlic may seem plentiful the area's garlic farms are disappearing. Only three growers remain in Santa Clara County because of land-use pressure, economics and plant disease.
Land use pressure in Gilroy? No garlic? What is the world coming to? My kids and I just got back from California. We were driving up and down the coast highway and Highway 101, and got pretty close to Gilroy when we spent the night in Watsonville. (If you are in the Monterey or Watsonville area, check out Phil's Eatery and Fish Market in Moss Landing, by the way.) Anyway, we weren't close enough to Gilroy to smell the garlic. But if you look at the place on a map,you will see that anybody who tries to commute from there to San Francisco had better pack a lunch.
AP) GILROY, Calif. People enjoying the Gilroy Garlic Festival Saturday may not know that while the garlic may seem plentiful the area's garlic farms are disappearing. Only three growers remain in Santa Clara County because of land-use pressure, economics and plant disease.
ABC News: Surveillance Cameras Win Broad Support
Seems as though we shouldn't expect the housing market to reject gated communities anytime soon...
Crime-fighting beats privacy in public places: Americans, by nearly a 3-to-1 margin, support the increased use of surveillance cameras — a measure decried by some civil libertarians, but credited in London with helping to catch a variety of perpetrators since the early 1990s. Given the chief arguments, pro and con — a way to help solve crimes vs. too much of a government intrusion on privacy — it isn't close: 71 percent of Americans favor the increased use of surveillance cameras, while 25 percent oppose it...Seniors are most apt to support the increased use of these cameras, with under-30s, least so; Republicans more than Democrats; women more than men; higher educated people more than the less educated; and whites more than African-Americans. Through a political lens, support for increased use of surveillance systems is lowest, 62 percent, among Democrats and Democratic-leaning independents who support Barack Obama for president — and highest of all, 86 percent, among Republicans who support Rudy Giuliani, who made his name as New York City's crime-fighting mayor.
Seems as though we shouldn't expect the housing market to reject gated communities anytime soon...
Crime-fighting beats privacy in public places: Americans, by nearly a 3-to-1 margin, support the increased use of surveillance cameras — a measure decried by some civil libertarians, but credited in London with helping to catch a variety of perpetrators since the early 1990s. Given the chief arguments, pro and con — a way to help solve crimes vs. too much of a government intrusion on privacy — it isn't close: 71 percent of Americans favor the increased use of surveillance cameras, while 25 percent oppose it...Seniors are most apt to support the increased use of these cameras, with under-30s, least so; Republicans more than Democrats; women more than men; higher educated people more than the less educated; and whites more than African-Americans. Through a political lens, support for increased use of surveillance systems is lowest, 62 percent, among Democrats and Democratic-leaning independents who support Barack Obama for president — and highest of all, 86 percent, among Republicans who support Rudy Giuliani, who made his name as New York City's crime-fighting mayor.
FOXNews.com - Illinois Town Makes Bid to Build World's Largest Ketchup Packet
Is there a list of "Most Ignominious Attempts at Municipal Distinction"?
Is there a list of "Most Ignominious Attempts at Municipal Distinction"?
China builds modern neighborhood -- chicagotribune.com
Mystery Reader sends this Chinese housing story. Given the pace of housing construction in China, mainly in common interest housing developments, energy conservation measures there would really amount to something.
BEIJING - It's easy to overlook the small community of houses rising northwest of this sprawling capital. But these aren't just any suburban homes. They will be some of the cleanest and most energy-efficient structures in China -- or almost anywhere else in the world -- when they are completed this year. Wind turbines and solar panels will power the 10 houses, which will also use innovative techniques to save water. The project uses green technology from the United States, Europe and elsewhere in an effort to showcase building methods that could be used more widely in China.In a country with 1.3 billion people and massive migration from the countryside to the cities, the stakes are high. Over the next 20 years, as many as 400 million more Chinese are expected to move to urban areas.
Mystery Reader sends this Chinese housing story. Given the pace of housing construction in China, mainly in common interest housing developments, energy conservation measures there would really amount to something.
BEIJING - It's easy to overlook the small community of houses rising northwest of this sprawling capital. But these aren't just any suburban homes. They will be some of the cleanest and most energy-efficient structures in China -- or almost anywhere else in the world -- when they are completed this year. Wind turbines and solar panels will power the 10 houses, which will also use innovative techniques to save water. The project uses green technology from the United States, Europe and elsewhere in an effort to showcase building methods that could be used more widely in China.In a country with 1.3 billion people and massive migration from the countryside to the cities, the stakes are high. Over the next 20 years, as many as 400 million more Chinese are expected to move to urban areas.
Saturday, July 28, 2007
America's Fastest-Growing Suburbs - Yahoo! Real Estate
These are in general areas where HOAs are prevalent in new housing, or even mandated by local government. Gilbert, AZ, is one of the places where HOAs are practically an extension of local government and they ask HOAs to register with the city and they have a "Congress of Neighborhoods." Check out the subdivision names. My favorite: "Agritopia."
The fastest-growing suburb in the country is Lincoln, Calif., just outside Sacramento. Its population jumped from 11,746 to 39,566, or an increase of 236%. The fastest-growing big suburb (with a population of 100,000 or more) is Gilbert, Ariz., outside Phoenix, which expanded from 112,766 people to 191,517. While not cheap by national standards, the growth in Sacramento's outerlying areas is strong because it's a less-expensive alternative to Los Angeles, San Francisco or San Diego. The Phoenix area saw the greatest positive domestic migration of any American metro last year, with 115,000 more people moving into town than leaving. Affordable housing and a growing economy draw a lot of people to the city. Rounding out the top 10 fastest-growing suburbs after Lincoln were four Phoenix suburbs: Buckeye, Surprise, Goodyear and Avondale; Plainfield, outside of Chicago; Beaumont, outside San Bernardino, Calif.; Frisco and Wylie outside of Dallas; and Woodstock, outside of Atlanta.
These are in general areas where HOAs are prevalent in new housing, or even mandated by local government. Gilbert, AZ, is one of the places where HOAs are practically an extension of local government and they ask HOAs to register with the city and they have a "Congress of Neighborhoods." Check out the subdivision names. My favorite: "Agritopia."
The fastest-growing suburb in the country is Lincoln, Calif., just outside Sacramento. Its population jumped from 11,746 to 39,566, or an increase of 236%. The fastest-growing big suburb (with a population of 100,000 or more) is Gilbert, Ariz., outside Phoenix, which expanded from 112,766 people to 191,517. While not cheap by national standards, the growth in Sacramento's outerlying areas is strong because it's a less-expensive alternative to Los Angeles, San Francisco or San Diego. The Phoenix area saw the greatest positive domestic migration of any American metro last year, with 115,000 more people moving into town than leaving. Affordable housing and a growing economy draw a lot of people to the city. Rounding out the top 10 fastest-growing suburbs after Lincoln were four Phoenix suburbs: Buckeye, Surprise, Goodyear and Avondale; Plainfield, outside of Chicago; Beaumont, outside San Bernardino, Calif.; Frisco and Wylie outside of Dallas; and Woodstock, outside of Atlanta.
Friday, July 27, 2007
The full Twin Rivers decision
Here is some language directly from the opinion, confirming that citizens of New Jersey can assert free speech claims against HOAs, even without meeting the "state action" requirement:
As
noted, our constitution’s free speech provision is “broader than
practically all others in the nation.” Green Party, supra, 164
N.J. at 145. Consequently, we have not followed the approach of
other jurisdictions to require some state action before the free
speech and assembly clauses under our constitution may be
invoked. Even in the absence of state action, we must determine
whether the acts of a homeowners’ association violated its
members’ free speech and association rights in the setting of
this private housing association...Our holding does not suggest,
however, that residents of a homeowners’ association may never
successfully seek constitutional redress against a governing
association that unreasonably infringes their free speech
rights.
The opinion goes on to state, among other things, that restrictive covenants that violate an important public policy are void, and that constitutional rights are an important public policy. So I see why Frank Askin calls this a mixed outcome.
Here is some language directly from the opinion, confirming that citizens of New Jersey can assert free speech claims against HOAs, even without meeting the "state action" requirement:
As
noted, our constitution’s free speech provision is “broader than
practically all others in the nation.” Green Party, supra, 164
N.J. at 145. Consequently, we have not followed the approach of
other jurisdictions to require some state action before the free
speech and assembly clauses under our constitution may be
invoked. Even in the absence of state action, we must determine
whether the acts of a homeowners’ association violated its
members’ free speech and association rights in the setting of
this private housing association...Our holding does not suggest,
however, that residents of a homeowners’ association may never
successfully seek constitutional redress against a governing
association that unreasonably infringes their free speech
rights.
The opinion goes on to state, among other things, that restrictive covenants that violate an important public policy are void, and that constitutional rights are an important public policy. So I see why Frank Askin calls this a mixed outcome.
NJVoices: Frank Askin reacts to the Twin Rivers decision
Frank Askin, who represented the plaintiffs in the Twin Rivers case, has a not-so-negative take on the ruling, even though it was against his client, the Committee for a Better Twin Rivers, as to the three specific HOA restrictions on resident expressive liberties. Frank thinks the ruling establishes an important principle: that residents can make such claims against private HOAs. Interesting reading, and it coincides in a way with Tom Skiba's comment in the post below. I suggest reading Frank's article in the entirety.
Residents of homeowners' associations seeking free speech rights within their communities lost the immediate battles but may have won the war in the decision issued yesterday by the New Jersey Supreme Court in the Twin Rivers case. In the most significant sentence in the obtuse 37-page opinion, the Court said that the more than one million residents of common-interest communities in New Jersey may "successfully seek constitutional redress against a governing association that unreasonably infringes their free speech rights."It is the first state high court in the country to rule that private homeowner associations may be subject to the free-speech provisions of a state constitution.
Frank Askin, who represented the plaintiffs in the Twin Rivers case, has a not-so-negative take on the ruling, even though it was against his client, the Committee for a Better Twin Rivers, as to the three specific HOA restrictions on resident expressive liberties. Frank thinks the ruling establishes an important principle: that residents can make such claims against private HOAs. Interesting reading, and it coincides in a way with Tom Skiba's comment in the post below. I suggest reading Frank's article in the entirety.
Residents of homeowners' associations seeking free speech rights within their communities lost the immediate battles but may have won the war in the decision issued yesterday by the New Jersey Supreme Court in the Twin Rivers case. In the most significant sentence in the obtuse 37-page opinion, the Court said that the more than one million residents of common-interest communities in New Jersey may "successfully seek constitutional redress against a governing association that unreasonably infringes their free speech rights."It is the first state high court in the country to rule that private homeowner associations may be subject to the free-speech provisions of a state constitution.
Thursday, July 26, 2007
JCC offers homeowners' association seminars -- dailypress.com
Now, this is something that should be applauded. I wish more local governments would do this.
JAMES CITY (I think it is in Virginia--EM) - Life under a homeowners' association can be a delicate balancing act. James City County is here to help. The county recently announced it will present seven homeowners and condominium association education seminars beginning this fall. The seminars will mostly be free for county residents; non-residents will be asked to pay either $10 or $35 depending on the seminar.
Now, this is something that should be applauded. I wish more local governments would do this.
JAMES CITY (I think it is in Virginia--EM) - Life under a homeowners' association can be a delicate balancing act. James City County is here to help. The county recently announced it will present seven homeowners and condominium association education seminars beginning this fall. The seminars will mostly be free for county residents; non-residents will be asked to pay either $10 or $35 depending on the seminar.
Link to Twin Rivers syllabus
(rewritten for clarity--EM) Here is a snippet from the summary, taken from the Court's website, of how the Court analyzed the facts under the Schmid decision, having to do with state constitutional rights on private property. As Tom Skiba notes in his comment, there is a recognition of owners' expressive liberties, and a recognition of the regulatory power of the association, but a ruling that in this case the expressive rights were not violated. I agree on the existence of the liberties and the power to reasonably regulate, but I believe the Court reached the wrong conclusion in applying the test.
Under the first Schmid factor, the nature, purposes, and primary use of Twin Rivers’ property is for private purposes and does not favor a finding that the Association’s rules and regulations violates the Committee’s
constitutional rights. Under the second factor, the limited nature of the public’s invitation to use the property does not favor a finding that the Association’s rules and regulations violated the Committee’s constitutional rights. Under the third Schmid factor, the Court finds that the Committee’s expressional activities are not unreasonably restricted.
The relationship between the Association and the homeowners is a contractual one, formalized in reasonable covenants that appear in all deeds. The mutual benefit and reciprocal nature of the rules and regulations and their enforcement is essential to the fundamental nature of the communal living arrangement that the residents enjoy.
Thus, this factor does not weigh in favor of finding that the Association’s rules and regulations violated the Committee’s constitutional rights. (Pp. 26-30)
4. Neither singularly nor in combination is the Schmid/Coalition test satisfied in favor of concluding that a constitutional right was infringed in this case. In balancing the Committee’s expressional rights against the Association’s private property interest, the Association’s policies do not violate the free speech and right of assembly clauses of the New Jersey Constitution. (Pp. 31-32)
(rewritten for clarity--EM) Here is a snippet from the summary, taken from the Court's website, of how the Court analyzed the facts under the Schmid decision, having to do with state constitutional rights on private property. As Tom Skiba notes in his comment, there is a recognition of owners' expressive liberties, and a recognition of the regulatory power of the association, but a ruling that in this case the expressive rights were not violated. I agree on the existence of the liberties and the power to reasonably regulate, but I believe the Court reached the wrong conclusion in applying the test.
Under the first Schmid factor, the nature, purposes, and primary use of Twin Rivers’ property is for private purposes and does not favor a finding that the Association’s rules and regulations violates the Committee’s
constitutional rights. Under the second factor, the limited nature of the public’s invitation to use the property does not favor a finding that the Association’s rules and regulations violated the Committee’s constitutional rights. Under the third Schmid factor, the Court finds that the Committee’s expressional activities are not unreasonably restricted.
The relationship between the Association and the homeowners is a contractual one, formalized in reasonable covenants that appear in all deeds. The mutual benefit and reciprocal nature of the rules and regulations and their enforcement is essential to the fundamental nature of the communal living arrangement that the residents enjoy.
Thus, this factor does not weigh in favor of finding that the Association’s rules and regulations violated the Committee’s constitutional rights. (Pp. 26-30)
4. Neither singularly nor in combination is the Schmid/Coalition test satisfied in favor of concluding that a constitutional right was infringed in this case. In balancing the Committee’s expressional rights against the Association’s private property interest, the Association’s policies do not violate the free speech and right of assembly clauses of the New Jersey Constitution. (Pp. 31-32)
Court: Free speech is not guaranteed
This is very unfortunate:
The state Supreme Court ruled today that residents of homeowners associations are not entitled to free-expression rights guaranteed by the Constitution. In the unanimous decision, the court overturned an appeals court ruling and reinstated a decision by a Mercer County trial judge that said the residents of Twin Rivers, a 10,000-unit housing development, did not have their rights violated when the homeowners association placed restrictions on where residents can post signs, and who can use the community room and newsletter.
This is very unfortunate:
The state Supreme Court ruled today that residents of homeowners associations are not entitled to free-expression rights guaranteed by the Constitution. In the unanimous decision, the court overturned an appeals court ruling and reinstated a decision by a Mercer County trial judge that said the residents of Twin Rivers, a 10,000-unit housing development, did not have their rights violated when the homeowners association placed restrictions on where residents can post signs, and who can use the community room and newsletter.
Wednesday, July 25, 2007
cbs2chicago.com - Video Library: The case of the poisoned tree...
Mystery Reader sends the link to the video of the poison tree mystery mentioned below. You pick it out of the list on the right. The plot thickens...
Mystery Reader sends the link to the video of the poison tree mystery mentioned below. You pick it out of the list on the right. The plot thickens...
Losses Climb for Homeowner Groups - washingtonpost.com
Another one of those isolated instances:
RICHMOND, July 19 -- At least $2 million was stolen from Northern Virginia condominium and homeowner associations, probably by a top executive of the Fairfax City company hired to manage their finances, a forensic accountant told state regulators at a hearing Thursday. The losses sustained by customers of Koger Management Group between 2004 and 2006, described in a report to the Virginia Real Estate Board, far exceed earlier estimates of $800,000. The total may grow as more homeowner associations conduct audits, said Jeffrey D. Barsky, the accountant appointed by the board to investigate the matter.
Another one of those isolated instances:
RICHMOND, July 19 -- At least $2 million was stolen from Northern Virginia condominium and homeowner associations, probably by a top executive of the Fairfax City company hired to manage their finances, a forensic accountant told state regulators at a hearing Thursday. The losses sustained by customers of Koger Management Group between 2004 and 2006, described in a report to the Virginia Real Estate Board, far exceed earlier estimates of $800,000. The total may grow as more homeowner associations conduct audits, said Jeffrey D. Barsky, the accountant appointed by the board to investigate the matter.
SignOnSanDiego.com > News > North County -- City will pay condo owners $12.5 million
The city of Carlsbad will pay $12.5 million to residents of the La Costa de Marbella condominium complex to settle lawsuits stemming from a landslide that destroyed eight condos in March 2005...Homeowners of the 58-unit condo complex, on the south side of La Costa Avenue east of El Camino Real, sued, saying city pipes that ran under the project's driveway gushed water into the ground, causing it to cave beneath the eight condos. The slide also lifted the sidewalk along La Costa Avenue.
The city of Carlsbad will pay $12.5 million to residents of the La Costa de Marbella condominium complex to settle lawsuits stemming from a landslide that destroyed eight condos in March 2005...Homeowners of the 58-unit condo complex, on the south side of La Costa Avenue east of El Camino Real, sued, saying city pipes that ran under the project's driveway gushed water into the ground, causing it to cave beneath the eight condos. The slide also lifted the sidewalk along La Costa Avenue.
Homeowners Associations: CAI-CLAC opposition to AB 952
Here is a link to AHRC's posting of the email the Community Associations Institute sent out explaining why they oppose California bill AB 952. Here is CAI's summary of the bill's effect:
AB 952 would allow a mere handful of owners to VETO any increase of a homeowner association assessment (excluding emergency assessments) where the majority of homeowners have determined that an assessment increase of more than 20% of the current assessment is necessary to maintain the value of their homes.
Here is a link to AHRC's posting of the email the Community Associations Institute sent out explaining why they oppose California bill AB 952. Here is CAI's summary of the bill's effect:
AB 952 would allow a mere handful of owners to VETO any increase of a homeowner association assessment (excluding emergency assessments) where the majority of homeowners have determined that an assessment increase of more than 20% of the current assessment is necessary to maintain the value of their homes.
cbs2chicago.com - Fight Over Aurora Pine Tree Spills Into Court
Mystery Reader sends this story about a real mystery...who poisoned the tree?
But the home owners association believes the tree, which was still standing when a CBS 2 crew first showed up, was purposely killed possibly by someone who drilled poison into its trunk. In a letter sent to residents last month, the home owners association decried what it described as a malicious act of vandalism aimed directly at the community
Mystery Reader sends this story about a real mystery...who poisoned the tree?
But the home owners association believes the tree, which was still standing when a CBS 2 crew first showed up, was purposely killed possibly by someone who drilled poison into its trunk. In a letter sent to residents last month, the home owners association decried what it described as a malicious act of vandalism aimed directly at the community
FOXNews.com - Report: Man with Almost No Brain Has Led Normal Life
I'm glad he managed to find a walk of life that suited him...
French doctors are amazed that a 44-year-old civil servant with an abnormally small brain has led a normal life with a slightly lower than normal IQ, according to a report on Physorg.com.
I'm glad he managed to find a walk of life that suited him...
French doctors are amazed that a 44-year-old civil servant with an abnormally small brain has led a normal life with a slightly lower than normal IQ, according to a report on Physorg.com.
Monday, July 23, 2007
Charlotte Observer | 07/19/2007 | Residents: Sign enforcers go too far
Another Fred Pilot link to a story of a city behaving like an HOA:
Charlotte zoning enforcers are responding to neighborhood association requests to crack down on illegal portable signs, but residents of least one neighborhood are worried the city has gone too far. In the 12 months ended June 30, city inspectors investigated and resolved 7,385 zoning violations, more than twice the previous year. Some were related to portable signs, said code enforcement manager Walter Abernethy, but he could not specify an exact number. Among the portable signs that have drawn inspectors' scrutiny are yard signs for home improvement services that homeowners agree to post once work has been contracted. Six families clustered around Belvedere Avenue in Plaza-Midwood recently received warnings for architects' and landscapers' yard signs. Some residents said the warnings, which carry no fines, had vague inspector comments and the codes they violated are subject to interpretation. Without knowing exactly what law they broke, they said, they cannot prevent future citations that come with fines.
Another Fred Pilot link to a story of a city behaving like an HOA:
Charlotte zoning enforcers are responding to neighborhood association requests to crack down on illegal portable signs, but residents of least one neighborhood are worried the city has gone too far. In the 12 months ended June 30, city inspectors investigated and resolved 7,385 zoning violations, more than twice the previous year. Some were related to portable signs, said code enforcement manager Walter Abernethy, but he could not specify an exact number. Among the portable signs that have drawn inspectors' scrutiny are yard signs for home improvement services that homeowners agree to post once work has been contracted. Six families clustered around Belvedere Avenue in Plaza-Midwood recently received warnings for architects' and landscapers' yard signs. Some residents said the warnings, which carry no fines, had vague inspector comments and the codes they violated are subject to interpretation. Without knowing exactly what law they broke, they said, they cannot prevent future citations that come with fines.
AB 952 Assembly Bill - Bill Analysis
CAI is vehemently opposed to this bill and has issued a call-to-arms for members to get busy. Here is the summary:
This bill provides that a regular or special assessment that is subject to a vote within a Common Interest Development must be approved both by a majority of all residents and a majority of owner-occupants of affordable units and requires an association to establish a payment plan for all regular and special assessment imposed on affordable units for those owner occupants who requestmone.
CAI is vehemently opposed to this bill and has issued a call-to-arms for members to get busy. Here is the summary:
This bill provides that a regular or special assessment that is subject to a vote within a Common Interest Development must be approved both by a majority of all residents and a majority of owner-occupants of affordable units and requires an association to establish a payment plan for all regular and special assessment imposed on affordable units for those owner occupants who requestmone.
Allotment holders have been told they could be liable if trespassers injure themselves on their land.A link from Mystery Reader concerning premises liability in Great Britain.
Dear Piece Of Trash: - July 19, 2007
This Smoking Gun link was sent my way by Mystery Reader. This is some choice venom from a public official to one of his constituents.
This Smoking Gun link was sent my way by Mystery Reader. This is some choice venom from a public official to one of his constituents.
cbs4.com - Bird Lakes Residents Continue Fight Against HOA
Fred Pilot sent this link to a story of resistance to being conscripted into an HOA.
Fred Pilot sent this link to a story of resistance to being conscripted into an HOA.
Friday, July 20, 2007
Idiocy
Monica Caruso sends this link to a light-hearted poster that epitomizes the problem with people in groups, including an undetermined percentage of HOAs. This underscores my puzzlement at the popularity HOAs have among some libertarians. Normally, they view the individual as the source of all wisdom and the group as the source of...well, look at the poster.
Monica Caruso sends this link to a light-hearted poster that epitomizes the problem with people in groups, including an undetermined percentage of HOAs. This underscores my puzzlement at the popularity HOAs have among some libertarians. Normally, they view the individual as the source of all wisdom and the group as the source of...well, look at the poster.
Miami Condo Glut Pushes Florida's Economy to Brink of Recession
In the middle of the biggest glut of condominiums in more than 30 years, Miami developers keep on building. The oversupply will force prices down as much as 30 percent, the worst decline since the 1970s, and help push Florida's economy into recession as early as October, said Mark Zandi, chief economist at West Chester, Pennsylvania-based Moody's Economy.com, who owns a home in Vero Beach, Florida. ``Florida is the epicenter for all the problems that exist in the housing industry,'' said Lewis Goodkin, president of Goodkin Consulting Corp. and a property adviser in Miami for the past 30 years, who also foresees a recession. ``The problems we have now are unprecedented and a lot of people will get burnt.''
In the middle of the biggest glut of condominiums in more than 30 years, Miami developers keep on building. The oversupply will force prices down as much as 30 percent, the worst decline since the 1970s, and help push Florida's economy into recession as early as October, said Mark Zandi, chief economist at West Chester, Pennsylvania-based Moody's Economy.com, who owns a home in Vero Beach, Florida. ``Florida is the epicenter for all the problems that exist in the housing industry,'' said Lewis Goodkin, president of Goodkin Consulting Corp. and a property adviser in Miami for the past 30 years, who also foresees a recession. ``The problems we have now are unprecedented and a lot of people will get burnt.''
Monday, July 16, 2007
APP.COM - Condo fee at closing legalized under bill | Asbury Park Press Online
Did you hear a loud "KA-CHING"?
FREEHOLD — What started out as litigation here is now legislation in Trenton that will limit but also legalize a standard practice of charging an upfront fee to condominium buyers.
The bill, which has passed both chambers of the Legislature and is now on the governor's desk, will allow condominium associations, only through their master deed or bylaws, to charge a one-time, nonrefundable "capital contribution fee" upon closing.
For condo associations, charging this fee is nothing new. However, the bill, if signed, will allow associations to charge up to nine times the amount of a unit's monthly maintenance fee, in addition to legally protecting the practice. The amount was amended in the Senate from 18 times the monthly maintenance fee.
Did you hear a loud "KA-CHING"?
FREEHOLD — What started out as litigation here is now legislation in Trenton that will limit but also legalize a standard practice of charging an upfront fee to condominium buyers.
The bill, which has passed both chambers of the Legislature and is now on the governor's desk, will allow condominium associations, only through their master deed or bylaws, to charge a one-time, nonrefundable "capital contribution fee" upon closing.
For condo associations, charging this fee is nothing new. However, the bill, if signed, will allow associations to charge up to nine times the amount of a unit's monthly maintenance fee, in addition to legally protecting the practice. The amount was amended in the Senate from 18 times the monthly maintenance fee.
Plague rats being used to supply restaurants | NEWS.com.au
OK, so they ate the snakes and the owls that were eating the rats, so now they need to eat the rats? Do you remember the song about the old lady who swallowed a spider?
Live rats are being trucked from central China, suffering a plague of a reported two billion rodents displaced by a flooded lake, to the south of the of country to end up in restaurant dishes, Chinese media has reported...Local governments in Hunan have been grappling with the rats, which had already destroyed 1.6 million hectares of crops and could spread disease, according to media reports. A lack of snakes, also a popular dish in the south, and owls, a traditional Chinese medicine, was held partly responsible.
OK, so they ate the snakes and the owls that were eating the rats, so now they need to eat the rats? Do you remember the song about the old lady who swallowed a spider?
Live rats are being trucked from central China, suffering a plague of a reported two billion rodents displaced by a flooded lake, to the south of the of country to end up in restaurant dishes, Chinese media has reported...Local governments in Hunan have been grappling with the rats, which had already destroyed 1.6 million hectares of crops and could spread disease, according to media reports. A lack of snakes, also a popular dish in the south, and owls, a traditional Chinese medicine, was held partly responsible.
All-white schools told to mix with other races or be labelled 'failing' | the Daily Mail
Interesting contrast between the recent USSC decisions that made it harder for schools to take race into account in assigning students to schools, and this British policy.
Interesting contrast between the recent USSC decisions that made it harder for schools to take race into account in assigning students to schools, and this British policy.
The Buffalo News: Northern Suburbs: Pig roast in garage sparks $150,000 fire
Here is a headline you don't read every day. Even the most creative attorney would never have thought to write a covenant banning pig roasts in the garage.
Here is a headline you don't read every day. Even the most creative attorney would never have thought to write a covenant banning pig roasts in the garage.
Sunday, July 15, 2007
Fighting for their home- NOLA.com
We have tax auctions here in Illinois, but there are protections against this sort of thing. I guess Louisiana could use a cleanup on aisle common sense.
The Atwoods' nightmare began when they learned in 2000 that their four-bedroom, two-bath home had been sold in 1997 through a tax sale for the $1.63 in unpaid taxes, plus 10 cents interest and $125 in costs associated with the sale.
We have tax auctions here in Illinois, but there are protections against this sort of thing. I guess Louisiana could use a cleanup on aisle common sense.
The Atwoods' nightmare began when they learned in 2000 that their four-bedroom, two-bath home had been sold in 1997 through a tax sale for the $1.63 in unpaid taxes, plus 10 cents interest and $125 in costs associated with the sale.
Saturday, July 14, 2007
Boing Boing: Cardboard Chinese food
Mystery Reader sends this warning about Chinese food. Does this have anything to do with being hungry again 20 minutes later? However, the food I had in Beijing was great, so if it was cardboard I wonder what the chefs can do with edible ingredients.
If you're in Beijing and eat steamed buns that taste like cardboard, they just may be cardboard. According to an undercover investigation aired on China Central Television, one particular supplier was filling his buns with 60 percent cardboard until cops shut down his operation.
Mystery Reader sends this warning about Chinese food. Does this have anything to do with being hungry again 20 minutes later? However, the food I had in Beijing was great, so if it was cardboard I wonder what the chefs can do with edible ingredients.
If you're in Beijing and eat steamed buns that taste like cardboard, they just may be cardboard. According to an undercover investigation aired on China Central Television, one particular supplier was filling his buns with 60 percent cardboard until cops shut down his operation.
Fear of a global 'coldening' | The Daily Telegraph
LAST month Australians endured our coldest June since 1950. Imagine that; all those trillions of tonnes of evil carbon we've horked up into the atmosphere over six decades of rampant industrialisation, and we're still getting the same icy weather we got during the Cold War.
LAST month Australians endured our coldest June since 1950. Imagine that; all those trillions of tonnes of evil carbon we've horked up into the atmosphere over six decades of rampant industrialisation, and we're still getting the same icy weather we got during the Cold War.
Friday, July 13, 2007
Churchill dropped from England's history syllabus - ABC News (Australian Broadcasting Corporation)
Sir Winston, who was British prime minister from 1940 to 1945 and again from 1951 to 1955, was famous for his defiance to the Nazis, stirring oratory and trademark cigar and "V for victory" sign. In 2002, a BBC poll with more than one million votes saw him voted the Greatest Briton of all time.
Sir Winston, who was British prime minister from 1940 to 1945 and again from 1951 to 1955, was famous for his defiance to the Nazis, stirring oratory and trademark cigar and "V for victory" sign. In 2002, a BBC poll with more than one million votes saw him voted the Greatest Briton of all time.
N.J. senator proposes toy gun ban--Would make it illegal for anyone under 18 to purchase toy gun7Online.com: New York City and Tri-State News from WABC-TV
"The margin between a child's stupid mistake and a tragic ending is far too thin," said Sen. Nicholas Scutari.
OK, but what is the margin between a legislator's stupid idea and a nanny state?
"The margin between a child's stupid mistake and a tragic ending is far too thin," said Sen. Nicholas Scutari.
OK, but what is the margin between a legislator's stupid idea and a nanny state?
Wednesday, July 11, 2007
cbs4.com - Homeowners Fees Turns Into Foreclosure Nightmare
Fred Pilot sends this example of what we have been told doesn't really happen: impending foreclosure over an unpaid $106 maintenance fee and $4000 in HOA attorney fees. Check out the video.
Fred Pilot sends this example of what we have been told doesn't really happen: impending foreclosure over an unpaid $106 maintenance fee and $4000 in HOA attorney fees. Check out the video.
East Valley/ Scottsdale Tribune: Mesa HOA's towing prompts lawsuit
Fred Pilot sent this account of a strange public/private connection: in Mesa, AZ, where HOAs are mandatory in new construction by government policy, HOAs are towing cars from public streets and dunning the owners for payments. A state legislator tried to ban the practice but failed.
Fred Pilot sent this account of a strange public/private connection: in Mesa, AZ, where HOAs are mandatory in new construction by government policy, HOAs are towing cars from public streets and dunning the owners for payments. A state legislator tried to ban the practice but failed.
FT.com / Capital markets - US mortgage problem fears spark sell-off
This may lead to higher interest rates for home loans.
Fears of further problems in the US mortgage industry and the broader economy flared on Tuesday, triggering a sell-off in credit markets as investors sought safe havens. Markets were rattled when Standard & Poor’s, the ratings agency, threatened to downgrade the credit ratings on some $12bn of bonds backed by US subprime home loans. This raised concerns of a broader repricing of risk in credit markets, leading to heavy losses for some investors, particularly in derivative markets.
This may lead to higher interest rates for home loans.
Fears of further problems in the US mortgage industry and the broader economy flared on Tuesday, triggering a sell-off in credit markets as investors sought safe havens. Markets were rattled when Standard & Poor’s, the ratings agency, threatened to downgrade the credit ratings on some $12bn of bonds backed by US subprime home loans. This raised concerns of a broader repricing of risk in credit markets, leading to heavy losses for some investors, particularly in derivative markets.
Tuesday, July 10, 2007
Global warming strikes again: Buenos Aires sees rare snowfall
Argentina's capital, Buenos Aires, has seen snow for the first time in 89 years, as a cold snap continues to grip several South American nations. Temperatures plunged to -22C (-8F) in parts of Argentina's province of Rio Negro, while snow fell on Buenos Aires for several hours on Monday. Two deaths from exposure were reported in Argentina and one in Chile. In Bolivia, heavy snowfall blocked the nation's main motorway and forced the closure of several airports. In Argentina, several provinces in the Andes have been placed under a storm alert, according to the national weather centre.
Argentina's capital, Buenos Aires, has seen snow for the first time in 89 years, as a cold snap continues to grip several South American nations. Temperatures plunged to -22C (-8F) in parts of Argentina's province of Rio Negro, while snow fell on Buenos Aires for several hours on Monday. Two deaths from exposure were reported in Argentina and one in Chile. In Bolivia, heavy snowfall blocked the nation's main motorway and forced the closure of several airports. In Argentina, several provinces in the Andes have been placed under a storm alert, according to the national weather centre.
Monday, July 09, 2007
This fence makes angry neighbors | floridatoday.com | Serving Brevard County and Florida’s Space Coast
The "Space Coast"?
Residents in Wickham Forest are fuming about a 10-foot-tall stockade fence erected recently by Melbourne businessman Larry Dennison. Paralleling a shared property line, the 48-foot-long fence comes within inches of the homeowners' association's century-old oak tree. Moreover, the barrier likely would keep northbound motorists from seeing the association's planned $20,000 entrance sign.
The "Space Coast"?
Residents in Wickham Forest are fuming about a 10-foot-tall stockade fence erected recently by Melbourne businessman Larry Dennison. Paralleling a shared property line, the 48-foot-long fence comes within inches of the homeowners' association's century-old oak tree. Moreover, the barrier likely would keep northbound motorists from seeing the association's planned $20,000 entrance sign.
Top Global Warming Advocate: Jupiter & Saturn Closer To Sun Than Earth
No wonder people are skeptical. He really said this:
ALEX JONES: "The polar icecaps of Mars are receding at several miles a year, much faster than ours and that the moons of Saturn and Jupiter are melting, in fact several of their moons were ice and are now liquid seas - how are SUV's causing that David Rothschild?
ROTHSCHILD: "Because those planets are closer to the sun, my friend."
No wonder people are skeptical. He really said this:
ALEX JONES: "The polar icecaps of Mars are receding at several miles a year, much faster than ours and that the moons of Saturn and Jupiter are melting, in fact several of their moons were ice and are now liquid seas - how are SUV's causing that David Rothschild?
ROTHSCHILD: "Because those planets are closer to the sun, my friend."
Fast-Growing Common Interest Developments Spurring
Cottage Industry for Homeowner Advocacy: Northwest Reporter
Fred Pilot sent this piece, which has a plug for Joyce Starr's self-help book, and also a few choice comments from yours truly if you keep reading:
Love 'em or loathe 'em – homeowner associations (HOAs) are a part of the everyday lives for a rising number of Americans. The growth of Common Interest Developments (CIDs) and "managed communities" is spurring the emergence of homeowner advocacy groups, watchdogs, legal specialists, books, blogs and other resources aimed at helping individual owners assert their constitutional and property rights. One such book is described by its author as "the first self-defense guide for condo and homeowner association members." Not surprisingly, Dr. Joyce Starr, the author/publisher, was inspired to share her experiences and insights after winning a two-year legal battle with her condo board involving toxic mold, whistle blowing and pets. "Defend Your Condo & Homeowners Rights! What You Must Do When the Board Turns Your Life Upside Down" is sold separately or as part of a trio of works on "homeowner defense strategies." In addition to the "Defend" title, the 3-part set includes "Creating Home Owner and Condo Association Documents: How to Protect Your HOA and Con-Dough" by David Goldenberg, Ph.D., and "Condo Board Elections Revolt," by Valmore Lucier, "the first Condominium Ombudsman in America." (For ordering information: www.drjoycestarr.com)
Cottage Industry for Homeowner Advocacy: Northwest Reporter
Fred Pilot sent this piece, which has a plug for Joyce Starr's self-help book, and also a few choice comments from yours truly if you keep reading:
Love 'em or loathe 'em – homeowner associations (HOAs) are a part of the everyday lives for a rising number of Americans. The growth of Common Interest Developments (CIDs) and "managed communities" is spurring the emergence of homeowner advocacy groups, watchdogs, legal specialists, books, blogs and other resources aimed at helping individual owners assert their constitutional and property rights. One such book is described by its author as "the first self-defense guide for condo and homeowner association members." Not surprisingly, Dr. Joyce Starr, the author/publisher, was inspired to share her experiences and insights after winning a two-year legal battle with her condo board involving toxic mold, whistle blowing and pets. "Defend Your Condo & Homeowners Rights! What You Must Do When the Board Turns Your Life Upside Down" is sold separately or as part of a trio of works on "homeowner defense strategies." In addition to the "Defend" title, the 3-part set includes "Creating Home Owner and Condo Association Documents: How to Protect Your HOA and Con-Dough" by David Goldenberg, Ph.D., and "Condo Board Elections Revolt," by Valmore Lucier, "the first Condominium Ombudsman in America." (For ordering information: www.drjoycestarr.com)
Condo boards, residents tangle | Home News Tribune Online
Fred Pilot found this. But I thought these things were "isolated incidents"?
In July 2002, Vastola had put up a white Pella Midview storm door, pretty much the same style she had seen around her complex — one was even in teal blue. Members of the condo association told Vastola the association's rules prohibit that style of storm door, and hers would have to be removed. They were right. Vastola's case is hardly an isolated incident. In fact it's one of a legion of conflicts on record for residents of condominiums throughout the nation — residents who often find themselves fighting grievances with condo boards that some residents believe have too much power and too little accountability. Those who live in condominiums sometimes buy their units without reading the regulations that can contain strict rules. Conflicts arise, and owners are frequently stunned to find themselves in violation of such provisions as the design of a storm door, or their ability to put political sign on the lawn in front of their dwelling.
And note the summary of where things stand on the legislative front in New Jersey:
Vastola credits the Common-Interest Homeowners Association for helping her through her fight with her condo association. The C-IHC is an independent, nonprofit organization that was founded to bring reform to residential associations. Measures designed to address problems between condo association boards and their homeowner members have stalled in the state legislature. State Sen. Ron Rice, D-Essex, said he is working on getting a homeowners' bill of rights out of his Senate Urban and Community and Affairs Committee this year. The bill (S1608), called the "Owners Rights in Common Interest Developments Act," or ORCID, seeks to bolster existing laws in the areas of condo board elections, improve ease of access to records of condo boards and establish a mechanism for alternative dispute resolution. Rice's bill is at odds with another bill (A798), called the "Uniform Common Interest Ownership Act," or UCIOA. Its acronym is pronounced "yew-KWI-ah," and it was sponsored by Assemblyman Wilfred Caraballo, D-Newark. UCIOA has already passed the Assembly, and its backers are hoping now for its passage in the Senate in the form of S805, sponsored by Sen. Joseph Doria, D-Jersey City, and Sen. Nicholas Asselta, R-Vineland.
Fred Pilot found this. But I thought these things were "isolated incidents"?
In July 2002, Vastola had put up a white Pella Midview storm door, pretty much the same style she had seen around her complex — one was even in teal blue. Members of the condo association told Vastola the association's rules prohibit that style of storm door, and hers would have to be removed. They were right. Vastola's case is hardly an isolated incident. In fact it's one of a legion of conflicts on record for residents of condominiums throughout the nation — residents who often find themselves fighting grievances with condo boards that some residents believe have too much power and too little accountability. Those who live in condominiums sometimes buy their units without reading the regulations that can contain strict rules. Conflicts arise, and owners are frequently stunned to find themselves in violation of such provisions as the design of a storm door, or their ability to put political sign on the lawn in front of their dwelling.
And note the summary of where things stand on the legislative front in New Jersey:
Vastola credits the Common-Interest Homeowners Association for helping her through her fight with her condo association. The C-IHC is an independent, nonprofit organization that was founded to bring reform to residential associations. Measures designed to address problems between condo association boards and their homeowner members have stalled in the state legislature. State Sen. Ron Rice, D-Essex, said he is working on getting a homeowners' bill of rights out of his Senate Urban and Community and Affairs Committee this year. The bill (S1608), called the "Owners Rights in Common Interest Developments Act," or ORCID, seeks to bolster existing laws in the areas of condo board elections, improve ease of access to records of condo boards and establish a mechanism for alternative dispute resolution. Rice's bill is at odds with another bill (A798), called the "Uniform Common Interest Ownership Act," or UCIOA. Its acronym is pronounced "yew-KWI-ah," and it was sponsored by Assemblyman Wilfred Caraballo, D-Newark. UCIOA has already passed the Assembly, and its backers are hoping now for its passage in the Senate in the form of S805, sponsored by Sen. Joseph Doria, D-Jersey City, and Sen. Nicholas Asselta, R-Vineland.
Boing Boing: First Amendment mob of photogs hit Silver Spring on July 4
Thanks to Mystery Reader for this amazing photo of photographer civil disobedience, a followup to the news about Silver Spring, MD, privatizing public space and the first amendment going bye-bye, from Boing Boing.
Thanks to Mystery Reader for this amazing photo of photographer civil disobedience, a followup to the news about Silver Spring, MD, privatizing public space and the first amendment going bye-bye, from Boing Boing.
Officer suspended after arresting woman in clash over dry lawn in US - International Herald Tribune
Fred Pilot sent this. Here is another municipality acting like an HOA. These requirements to water your lawn during drought conditions are a point of contention in many HOAs out west. Here is a municipal ordinance to the same effect.
Fred Pilot sent this. Here is another municipality acting like an HOA. These requirements to water your lawn during drought conditions are a point of contention in many HOAs out west. Here is a municipal ordinance to the same effect.
Tuesday, July 03, 2007
The mysterious case of the disappearing plastic men
More signs of impending anarchy in Maryland. You'd think with all those HOAs around that people would have learned to behave themselves.
More signs of impending anarchy in Maryland. You'd think with all those HOAs around that people would have learned to behave themselves.
Monday, July 02, 2007
Barking fines as noisy New York repents | International News | News | Telegraph
A better headline would be, "Fussbudget Mayor Runs for President...and not of his condo association." This just proves what I've been saying: cities are emulating HOAs.
Barking dogs and lawn mowers are among the main targets of anti-noise laws which have just come into force in New York. Having cleaned up the city's smoking and eating habits, Mayor Michael Bloomberg's civilising tendencies have turned to its famous din. From now on construction companies will have to put up "noise mitigation plans" at building sites explaining how they intend to minimise machinery and other noise. Rubbish trucks must stay at least 50ft from residential buildings between 11pm and 7am while ice cream vans can only play their jingles when the vehicle is moving.Noisy dogs will be penalised whether moving or not. Pets that bark continuously for more than five minutes at night or 10 minutes during the day could leave their owners with fines ranging from $50 to $175 for a first offence. Lawn mowers cannot be used before 8am and after 7pm on weekdays, or before 9am and after 6pm on weekends and public holidays. Loud music will be subject to fines ranging from $50 for a portable stereo offender up to $24,000 for a restaurant which ignores a first warning.
A better headline would be, "Fussbudget Mayor Runs for President...and not of his condo association." This just proves what I've been saying: cities are emulating HOAs.
Barking dogs and lawn mowers are among the main targets of anti-noise laws which have just come into force in New York. Having cleaned up the city's smoking and eating habits, Mayor Michael Bloomberg's civilising tendencies have turned to its famous din. From now on construction companies will have to put up "noise mitigation plans" at building sites explaining how they intend to minimise machinery and other noise. Rubbish trucks must stay at least 50ft from residential buildings between 11pm and 7am while ice cream vans can only play their jingles when the vehicle is moving.Noisy dogs will be penalised whether moving or not. Pets that bark continuously for more than five minutes at night or 10 minutes during the day could leave their owners with fines ranging from $50 to $175 for a first offence. Lawn mowers cannot be used before 8am and after 7pm on weekdays, or before 9am and after 6pm on weekends and public holidays. Loud music will be subject to fines ranging from $50 for a portable stereo offender up to $24,000 for a restaurant which ignores a first warning.
Boing Boing: Silver Spring's downtown is "private property" - no photos allowed
Amazing story from Mystery Reader about privatization run amuck. Who was that crazy guy who said that privatizing public space was leading to loss of civil liberties?
The town of Silver Spring, Maryland gave a private company $100,000,000 to redevelop its downtown area. Now the company claims that the entire downtown is a shopping mall, under its absolute control, without any civil rights. It has barred photography by the public, and insists that it has the right to treat citizens as mere customers.
Amazing story from Mystery Reader about privatization run amuck. Who was that crazy guy who said that privatizing public space was leading to loss of civil liberties?
The town of Silver Spring, Maryland gave a private company $100,000,000 to redevelop its downtown area. Now the company claims that the entire downtown is a shopping mall, under its absolute control, without any civil rights. It has barred photography by the public, and insists that it has the right to treat citizens as mere customers.
Headlines: Owners ordered to vow HOA support or face suit | board, hoa, covenants - Gazette.com
Fred Pilot sent this charming story of HOA combat:
BLACK FOREST - Along the trickling headwaters of Cherry Creek, just beyond the pine trees of Black Forest, homeowners are squaring off against each other. A judge will decide who runs the Cherry Creek Springs Homeowners Association and its three-member board of directors. In the meantime, the HOA board is trying to force residents to take sides. Many residents of the upscale homes on 5-acre lots are outraged. “They are making us sign a loyalty oath,” said Haze Hutmacher, who built his home in 1998 and is among the original owners in the subdivision.
Fred Pilot sent this charming story of HOA combat:
BLACK FOREST - Along the trickling headwaters of Cherry Creek, just beyond the pine trees of Black Forest, homeowners are squaring off against each other. A judge will decide who runs the Cherry Creek Springs Homeowners Association and its three-member board of directors. In the meantime, the HOA board is trying to force residents to take sides. Many residents of the upscale homes on 5-acre lots are outraged. “They are making us sign a loyalty oath,” said Haze Hutmacher, who built his home in 1998 and is among the original owners in the subdivision.
Sunday, July 01, 2007
Telluride Daily Planet -At Ski Ranches, a subdivision divided
Fred Pilot sent this along:
This is your neighborhood, the Ski Ranches, an idyllic subdivision riven by boiling rhetoric, complaints about spending and charges that the homeowners’ board has been illegally seated. Welcome home. Of course, not everyone’s leaping into the lobster pot. Many of the residents, part-timers and investors who make up this community of 148 homes and 55 lots, are staying out of the fray. Board members blame a “vocal minority” for sparking the turmoil. Still, the conflict has left bruises, residents said. Finding volunteers has gotten harder, and one board member is stepping down to get out of shooting range. Some owners are even reluctant to build, and real-estate agents are hesitant to show homes in the Ranches.
Fred Pilot sent this along:
This is your neighborhood, the Ski Ranches, an idyllic subdivision riven by boiling rhetoric, complaints about spending and charges that the homeowners’ board has been illegally seated. Welcome home. Of course, not everyone’s leaping into the lobster pot. Many of the residents, part-timers and investors who make up this community of 148 homes and 55 lots, are staying out of the fray. Board members blame a “vocal minority” for sparking the turmoil. Still, the conflict has left bruises, residents said. Finding volunteers has gotten harder, and one board member is stepping down to get out of shooting range. Some owners are even reluctant to build, and real-estate agents are hesitant to show homes in the Ranches.
Saturday, June 30, 2007
Todays Local News for Logan Utah and Cache County
Thanks to alert reader Neil A. who found this article addressing the issue parking on one's lawn, noted below in a post on Houston TX. This one is from Utah.
Thanks to alert reader Neil A. who found this article addressing the issue parking on one's lawn, noted below in a post on Houston TX. This one is from Utah.
Notes on HOAs in China
Since Friday, June 22, I have been in Beijing, China, attending the “International Conference on Community Governance: Multicultural Perspectives.” The conference was held at Renmin University, which translates as “People’s University,” an institution that has traditionally been the place where future Communist Party officials are educated. The conference was organized by the University of Southern California’s School of Policy, Planning, and Development, which was formed fairly recently in a merger of the School of Public Administration and the School of Urban Planning. These are my unedited and hasty thoughts on the conference, started in the Beijing Fellowship Hotel and finished back home in Lindenhurst, IL.
The actual purpose of the conference is to come to a better understanding of the rise of private communities in China. The conference brought together a variety of American, British, and Chinese scholars of political science, law, and urban planning; a number of Chinese practicing attorneys and community organizers; and many Chinese homeowner association members, consumer activists, and other concerned citizens. We spent two long days, running from 8:15am until late in the evening in formal and informal presentations and meetings. The USC delegation visited the homes of some Chinese homeowner association members and leaders. All told, we have learned a great deal about events in China, and I hope we have been able to convey a good understanding of the US and British experience. I am setting this out descriptively, but in truth this has been an intense experience with some dramatic testimony. I am going to summarize what I have learned without attributing particular statements to individuals.
It is important to understand that the current situation, while far from perfect, is probably an enormous improvement over the past, and the country is making progress. Hundreds of millions of people are now able to become owners of property (that means something different than in the US—see below), and to use that property as a financial asset that they can sell down the road. Also, millions of people have moved from the countryside and the hard agricultural life to work in cities, where they are saving money and thus accumulating wealth, even though by American standards it might seem that the wages are very low. Keep in mind that nearly all these folks are buying units in high-rise condominium buildings.
However, there are some pretty significant problems, and that is why this conference was organized and a lot of western social scientists and planners were brought over to talk about the situation.
From my standpoint, it has been important to understand how private communities work here in China. There are similarities and differences as compared with the US experience. Let me first explain who the players are and then try to explain how they interact. There are basically six key participants:
1. Local government: also referred to as “subdistrict” government
2. Real estate developers: these are private entities, but many of them were government and/or Communist Party officials in the past
3. Property management companies: these entities manage the private communities and have a great deal of power. Many of them were in the past government employees charged with managing public housing projects on behalf of the state.
4. Resident councils or committees: these are officially recognized organizations that are supposed to be owner organizations, but in reality they are an arm of local government, and they are for the most part led by Communist Party members.
5. Homeowners: the owners are struggling to be recognized as such. They pay assessments to the management company. They do not chafe at living under restrictions, as many Americans do. But they are very concerned about the way their money and property are being (mis)used in many cases.
6. Homeowner associations: these are voluntary organizations set up by owners to assert their rights as owners collectively.
In China, people do not actually own land. Agricultural land is owned by agricultural collectives. All urban land is owned by the state, and where residential land is concerned it is owned by the local government, which has the power to sell the right to use the land to real estate developers for a term of years. The developer in turns sells that right to the homeowners. Recent changes to the law at the national level provide for renewal of those rights, but it remains unclear what the term of renewal is to be, and whether those who have purchased housing units from the developers will have to pay the local government again for that renewal.
Clearly the national government wants to create a genuine real estate market. The hitch is that local government is making money off some practices that may make it harder to get there. The local governments want to attract developers, many of whom are former government officials. That’s fine in itself, but the opportunity for local officials to profit from that situation is obvious. The developer hires the property management company which runs the development, and in theory you have the government-affiliated resident council to represent the owners. No problem, if everybody took their job seriously. But they have the problem of what seems to be fairly widespread corruption, where people use their positions as local official, developer, or property manager to profit handsomely at the expense of the owners, who are at the bottom of the ladder in terms of political influence and economic power.
What about the HOAs? Well, these are voluntary organizations, for real, that are actually created by the owners to represent their real concerns as property owners, because they feel that the resident councils are part of the government, the government is eager to keep the developer happy, and the management company is an extension of the developer. The HOAs do not have the power to enforce the rules and regulations, which is done instead by the PM. These PM firms are very powerful and politically connected. They also control the ubiquitous private security firms that police the projects. Some of the HOAs, though, have filed and even won lawsuits to enforce their rights as owners.
Here are some examples of practices that Chinese HOAs complain about:
a. The property manager and/or developer convert 16 residential units to rental units that they lease to commercial enterprises and pocket the money
b. The PM and/or developer sell the common area, such as open space, to somebody and pocket the money.
c. The developer sells most of the units and then never finishes the building to the point where it can be occupied, so the owners can’t move in. The developer disappears.
d. The owner of a top floor unit in a 25 story building knocks out the roof and adds a story to the building, giving himself a two-story unit. The PM doesn’t do anything about it, presumably because he/she was greased in advance.
e. The owner of a unit knocks out load-bearing walls to enlarge his unit. The roof of the floor below begins to crack badly and water leaks in. The owner of that unit is afraid to complain for fear of being beaten (see below). An engineer recommends putting somebody on the roof if it snows to sweep off the snow so the weight doesn’t make the building collapse.
f. When owners complain or get involved with their HOA, the property management firm has the private security guards beat them up.
g. Owners can’t get to see the records of their own development, which are kept by the management firm. So they have no idea how their money is being spent. It seems that often some of it being pocketed by the PM and/or developer.
h. Owners can’t fire the developer’s property management company and hire one they trust without a difficult court fight.
i. Owners with the right connections don’t pay their monthly fees and get away with it.
The HOAs have a problem getting people to become involved because they are afraid of physical violence and they believe they have no chance of success. However, it seems that they have in fact rung up some lawsuit wins, and we heard from one attorney who specializes in representing HOAs in these fights (interestingly, he said when he was in the US he couldn’t find any lawyers who represent the owners—a familiar story). Some of the present and former HOA leaders we met are very impressive people.
Obviously there is room for this situation to improve. The single most important improvement, I think, would be to professionalize the property management firms so that they do their jobs instead of profiteering on their own behalf and that of the developer. They should not be extensions of the developer at all, but should be independent and guided by standards of professional responsibility. Beyond that, somehow the general problem of corruption has to be addressed. It undermines the integrity of the whole institution of property ownership. Everybody knows this, but making it happen will take some time.
Yet, somehow people are so determined to become home owners that they brave all this and put their capital at risk. In China people do not like to borrow money to buy homes, so they save and put cash into it. They find our 10% down and 90% loan arrangements absolutely bizarre. So, we have a lot of owner enthusiasm despite a level of risk that would probably deter most American buyers.
I will try to post more on this, but here you have the big picture.
Since Friday, June 22, I have been in Beijing, China, attending the “International Conference on Community Governance: Multicultural Perspectives.” The conference was held at Renmin University, which translates as “People’s University,” an institution that has traditionally been the place where future Communist Party officials are educated. The conference was organized by the University of Southern California’s School of Policy, Planning, and Development, which was formed fairly recently in a merger of the School of Public Administration and the School of Urban Planning. These are my unedited and hasty thoughts on the conference, started in the Beijing Fellowship Hotel and finished back home in Lindenhurst, IL.
The actual purpose of the conference is to come to a better understanding of the rise of private communities in China. The conference brought together a variety of American, British, and Chinese scholars of political science, law, and urban planning; a number of Chinese practicing attorneys and community organizers; and many Chinese homeowner association members, consumer activists, and other concerned citizens. We spent two long days, running from 8:15am until late in the evening in formal and informal presentations and meetings. The USC delegation visited the homes of some Chinese homeowner association members and leaders. All told, we have learned a great deal about events in China, and I hope we have been able to convey a good understanding of the US and British experience. I am setting this out descriptively, but in truth this has been an intense experience with some dramatic testimony. I am going to summarize what I have learned without attributing particular statements to individuals.
It is important to understand that the current situation, while far from perfect, is probably an enormous improvement over the past, and the country is making progress. Hundreds of millions of people are now able to become owners of property (that means something different than in the US—see below), and to use that property as a financial asset that they can sell down the road. Also, millions of people have moved from the countryside and the hard agricultural life to work in cities, where they are saving money and thus accumulating wealth, even though by American standards it might seem that the wages are very low. Keep in mind that nearly all these folks are buying units in high-rise condominium buildings.
However, there are some pretty significant problems, and that is why this conference was organized and a lot of western social scientists and planners were brought over to talk about the situation.
From my standpoint, it has been important to understand how private communities work here in China. There are similarities and differences as compared with the US experience. Let me first explain who the players are and then try to explain how they interact. There are basically six key participants:
1. Local government: also referred to as “subdistrict” government
2. Real estate developers: these are private entities, but many of them were government and/or Communist Party officials in the past
3. Property management companies: these entities manage the private communities and have a great deal of power. Many of them were in the past government employees charged with managing public housing projects on behalf of the state.
4. Resident councils or committees: these are officially recognized organizations that are supposed to be owner organizations, but in reality they are an arm of local government, and they are for the most part led by Communist Party members.
5. Homeowners: the owners are struggling to be recognized as such. They pay assessments to the management company. They do not chafe at living under restrictions, as many Americans do. But they are very concerned about the way their money and property are being (mis)used in many cases.
6. Homeowner associations: these are voluntary organizations set up by owners to assert their rights as owners collectively.
In China, people do not actually own land. Agricultural land is owned by agricultural collectives. All urban land is owned by the state, and where residential land is concerned it is owned by the local government, which has the power to sell the right to use the land to real estate developers for a term of years. The developer in turns sells that right to the homeowners. Recent changes to the law at the national level provide for renewal of those rights, but it remains unclear what the term of renewal is to be, and whether those who have purchased housing units from the developers will have to pay the local government again for that renewal.
Clearly the national government wants to create a genuine real estate market. The hitch is that local government is making money off some practices that may make it harder to get there. The local governments want to attract developers, many of whom are former government officials. That’s fine in itself, but the opportunity for local officials to profit from that situation is obvious. The developer hires the property management company which runs the development, and in theory you have the government-affiliated resident council to represent the owners. No problem, if everybody took their job seriously. But they have the problem of what seems to be fairly widespread corruption, where people use their positions as local official, developer, or property manager to profit handsomely at the expense of the owners, who are at the bottom of the ladder in terms of political influence and economic power.
What about the HOAs? Well, these are voluntary organizations, for real, that are actually created by the owners to represent their real concerns as property owners, because they feel that the resident councils are part of the government, the government is eager to keep the developer happy, and the management company is an extension of the developer. The HOAs do not have the power to enforce the rules and regulations, which is done instead by the PM. These PM firms are very powerful and politically connected. They also control the ubiquitous private security firms that police the projects. Some of the HOAs, though, have filed and even won lawsuits to enforce their rights as owners.
Here are some examples of practices that Chinese HOAs complain about:
a. The property manager and/or developer convert 16 residential units to rental units that they lease to commercial enterprises and pocket the money
b. The PM and/or developer sell the common area, such as open space, to somebody and pocket the money.
c. The developer sells most of the units and then never finishes the building to the point where it can be occupied, so the owners can’t move in. The developer disappears.
d. The owner of a top floor unit in a 25 story building knocks out the roof and adds a story to the building, giving himself a two-story unit. The PM doesn’t do anything about it, presumably because he/she was greased in advance.
e. The owner of a unit knocks out load-bearing walls to enlarge his unit. The roof of the floor below begins to crack badly and water leaks in. The owner of that unit is afraid to complain for fear of being beaten (see below). An engineer recommends putting somebody on the roof if it snows to sweep off the snow so the weight doesn’t make the building collapse.
f. When owners complain or get involved with their HOA, the property management firm has the private security guards beat them up.
g. Owners can’t get to see the records of their own development, which are kept by the management firm. So they have no idea how their money is being spent. It seems that often some of it being pocketed by the PM and/or developer.
h. Owners can’t fire the developer’s property management company and hire one they trust without a difficult court fight.
i. Owners with the right connections don’t pay their monthly fees and get away with it.
The HOAs have a problem getting people to become involved because they are afraid of physical violence and they believe they have no chance of success. However, it seems that they have in fact rung up some lawsuit wins, and we heard from one attorney who specializes in representing HOAs in these fights (interestingly, he said when he was in the US he couldn’t find any lawyers who represent the owners—a familiar story). Some of the present and former HOA leaders we met are very impressive people.
Obviously there is room for this situation to improve. The single most important improvement, I think, would be to professionalize the property management firms so that they do their jobs instead of profiteering on their own behalf and that of the developer. They should not be extensions of the developer at all, but should be independent and guided by standards of professional responsibility. Beyond that, somehow the general problem of corruption has to be addressed. It undermines the integrity of the whole institution of property ownership. Everybody knows this, but making it happen will take some time.
Yet, somehow people are so determined to become home owners that they brave all this and put their capital at risk. In China people do not like to borrow money to buy homes, so they save and put cash into it. They find our 10% down and 90% loan arrangements absolutely bizarre. So, we have a lot of owner enthusiasm despite a level of risk that would probably deter most American buyers.
I will try to post more on this, but here you have the big picture.
Wednesday, June 20, 2007
Civic groups embrace plan banning lawn parking | Chron.com - Houston Chronicle
For Houston, this is progress. Next up: a ban on refrigerators in the back yard?
For Houston, this is progress. Next up: a ban on refrigerators in the back yard?
Monday, June 18, 2007
Jet Pack - 2 New Rocket Belts On Sale - Personal Flying Machine - Popular Mechanics
I've been waiting for this since I was 9 years old. But I was expecting more than 33 seconds of air time.
I've been waiting for this since I was 9 years old. But I was expecting more than 33 seconds of air time.
Sunday, June 17, 2007
California Looms | New West Network
California is a trendsetter state. Much like the weather, every Californian fad eventually makes its way over the Sierras and diffuses into the intermountain West. That’s wonderful, and it’s frightening, because there are some pretty disturbing things going on in the Golden State right now.
California is a trendsetter state. Much like the weather, every Californian fad eventually makes its way over the Sierras and diffuses into the intermountain West. That’s wonderful, and it’s frightening, because there are some pretty disturbing things going on in the Golden State right now.
Saturday, June 16, 2007
Star-Telegram.com | 06/15/2007 | Three barred from trailer homes
There's a headline you don't see every day. It takes some serious dysfunction to get tossed out of a trailer park.
There's a headline you don't see every day. It takes some serious dysfunction to get tossed out of a trailer park.
Sunday, May 27, 2007
Kibort met with complaints at first meeting - Glendale Heights, IL - Glendale Heights Press
The reception for Glendale Heights’ newest Village Board member during his first board meeting was hardly a warm one. While some fireworks were expected on the board in light of longtime village critic Scott Kibort’s election last month to the District 3 trustee seat, the bulk of the action last Thursday came not from him or his fellow trustees, but from residents. Shortly after officially assuming his seat, Kibort was met with complaints from residents who accused him of spreading lies in an attempt to drum up support to disband a local homeowner’s association.
The reception for Glendale Heights’ newest Village Board member during his first board meeting was hardly a warm one. While some fireworks were expected on the board in light of longtime village critic Scott Kibort’s election last month to the District 3 trustee seat, the bulk of the action last Thursday came not from him or his fellow trustees, but from residents. Shortly after officially assuming his seat, Kibort was met with complaints from residents who accused him of spreading lies in an attempt to drum up support to disband a local homeowner’s association.
Couple denied parking space receives $7,000
KIHEI – Following a finding of discrimination by a condominium manager, a couple involved in a dispute over their need for a wheelchair-accessible parking space have received $7,000 in compensatory damages in a settlement with the Menehune Shores Condominium.
----------
One of the great joys of condo living is having your BOD expose you to unnecessary liability.
KIHEI – Following a finding of discrimination by a condominium manager, a couple involved in a dispute over their need for a wheelchair-accessible parking space have received $7,000 in compensatory damages in a settlement with the Menehune Shores Condominium.
----------
One of the great joys of condo living is having your BOD expose you to unnecessary liability.
TCPalm: Real Estate:Views vary on legislative and homeowner and condo association bills
That headline shows a genius for understatement.
That headline shows a genius for understatement.
Friday, May 11, 2007
Zen and the art of management - Los Angeles Times
Life increasingly begins to resemble a Dave Barry column:
The Los Angeles Housing Department has paid thousands of dollars to a Zen Buddhist priest from Hawaii for management training that includes teaching breathing with sphincter control, learning "how to stand" and playing with wooden sticks. Norma Wong, a former Hawaii state legislator and leadership consultant, has been paid $18,819 since 2005 to conduct at least four training sessions for executives and other staff. The most recent one was last week. Mercedes Marquez, the general manager of the department, said the training was designed to help "center" Housing Department managers and teach them to react nimbly to problems such as the city's housing shortage
Life increasingly begins to resemble a Dave Barry column:
The Los Angeles Housing Department has paid thousands of dollars to a Zen Buddhist priest from Hawaii for management training that includes teaching breathing with sphincter control, learning "how to stand" and playing with wooden sticks. Norma Wong, a former Hawaii state legislator and leadership consultant, has been paid $18,819 since 2005 to conduct at least four training sessions for executives and other staff. The most recent one was last week. Mercedes Marquez, the general manager of the department, said the training was designed to help "center" Housing Department managers and teach them to react nimbly to problems such as the city's housing shortage
Allstate to stop insuring Calif. homes - Yahoo! News
More good news for California homeowners, to go with the falling prices, bad schools, high taxes, HOA assessments, and loss of the traditional perks of ownership.
More good news for California homeowners, to go with the falling prices, bad schools, high taxes, HOA assessments, and loss of the traditional perks of ownership.
Tuesday, May 08, 2007
Pasco: Homeowner groups and county clash over lawns
There's a drought on. Watering is allowed just once a week. So the homeowners are being told they'd better water their lawns - and they'd better not. "It's a Catch-22," Dick Ortiz, the county's code enforcement director, said on Friday. "Either we write them a ticket for watering or the association writes them a ticket for not watering. So what do they do?"
There's a drought on. Watering is allowed just once a week. So the homeowners are being told they'd better water their lawns - and they'd better not. "It's a Catch-22," Dick Ortiz, the county's code enforcement director, said on Friday. "Either we write them a ticket for watering or the association writes them a ticket for not watering. So what do they do?"
Subscribe to:
Posts (Atom)