Homeowners’ head slain, wife critical | Tempo - News in a Flash

Homeowners’ head slain, wife critical | Tempo - News in a Flash

CAMP OLIVAS, Pampanga – A president of a homeowners’ association was shot dead while his wife is in critical condition when they were peppered with bullets by an unidentified gunman in Barangay Sto. Tomas, Subic.

Police identified the victim as Jaime Castillo, president of the Magdalena Homes subdivision, Barangay Sto. Tomas, Subic. His wife, Lamonza Victoria, remains in critical condition at an undisclosed hospital due to gunshot wounds in the body.

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In the US, HOA presidents complain when people don't appreciate their hard work. In the Philippines, they get shot. Thanks to Fred Pilot for this multicultural insight.

Financial controls in Dixon were the perfect storm of embezzlement, an expert says - chicagotribune.com

Financial controls in Dixon were the perfect storm of embezzlement, an expert says - chicagotribune.com

Numerous financial safeguards broke down or simply didn't exist in Dixon, experts say, allowing Rita Crundwell, the city's longtime treasurer and comptroller, to allegedly pilfer an astonishing $30 million from the coffers of the small northwestern Illinois town over the last six years...Michael Pagano, dean of the College of Urban Planning and Public Affairs at the University of Illinois at Chicago, said the commission form of government dates to more than a century ago and was meant as a reform measure, making each council member responsible for a particular city function. Only about 50 of the state's approximately 1,300 municipalities still use that form of government, according to a 2006 state report.  The drawback, Pagano said, is that professionals aren't necessarily overseeing critical city functions. Diverting money would be more difficult in a professionally managed city government, he said.
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And you thought your HOA was bad.  The little city of Dixon, IL, is home to a $30 million dollar embezzlement case. Mike Pagano, my UIC colleague, is right. The commission form of government is a strange system.

Downtown residential high-rises prepare for NATO summit - chicagotribune.com

Downtown residential high-rises prepare for NATO summit - chicagotribune.com

In just a few weeks, the North Atlantic Treaty Organization will hold its annual summit in Chicago. It's the first time the group, a political and military alliance of 28 member countries, has gathered in a U.S. city other than Washington.

Many Chicagoans are proud to play host, but others are jittery. Board members and managers of downtown residential high-rises are concerned about the safety and well-being of residents, employees and property.

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Interesting piece by Pamela McKuen about the anxieties in the condo community about the upcoming NATO summit and the anticipated demonstrations. 

Scott urged to veto bill requiring homeowners to make neighborhood repairs | StAugustine.com

Scott urged to veto bill requiring homeowners to make neighborhood repairs | StAugustine.com
In recent days, Gov. Rick Scott has received a digital flood of more than 1,000 emails opposing HB 1013, which would codify that homeowners are not entitled to an “implied warranty” for amenities outside their homes — damaged roads, driveways, drainage systems and the like. Many of the emails came from homeowners associations, which have amassed an organized campaign to keep the controversial law off the books. Scott received the bill last week and has one more week to decide whether to sign it.
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This bill would stick CID owners with the bill for repairing and replacing faulty infrastructure bequeathed to them by the developer.  Of course, the reason cities approve and often require HOA housing is to have the developer build the infrastructure. The developer passes that cost on to the owners in the form of a higher purchase price, and the cost of maintaining it falls on the owners as well through their assessments. But what if the developer does a lousy job of building the roads or sewer system? A Florida appeals court in Lakeview Reserve HOA v. Maronda ruled that: 


"The sole issue for our review is whether a homeowners association has a claim for breach of the common law implied warranties of fitness and merchantability, also referred to as a 904warranty of habitability, against a builder/developer for defects in the roadways, drainage systems, retention ponds and underground pipes in a residential subdivision. We hold that it does and, accordingly, reverse."


Now that case is on appeal to the Florida Supreme Court. In the meantime, a helpful Republican legislator, Frank Artiles is flacking for the developers by pushing a bill that would reverse the appellate court via legislation and pre-empt the Supreme Court from affirming. 


If this bill passes, or if the Supreme Court reverses the appellate court, it will mean that owners are on the hook for all the risks associated with their private infrastructure--not just maintenance and the eventual cost of repair and replacement, but also the risk that it wasn't built correctly to begin with.

In the Public Interest | A Comprehensive Resource Center on Privatization and Responsible Contracting

In the Public Interest | A Comprehensive Resource Center on Privatization and Responsible Contracting
This is a great website that I got into in the course of learning more about the Chicago Infrastructure Trust, the mysterious privatization of public infrastructure construction endeavor that Chicago Mayor Rahm Emanuel just rahmed through the City Council.

Autumn Chase Homeowners Association calms, feels aftereffects - View - ReviewJournal.com

Autumn Chase Homeowners Association calms, feels aftereffects - View - ReviewJournal.com
You can see Rodney Gray's comments on this "tumultuous" situation by scrolling down.

67-year-old Kingwood Woman Loses Home For Not Paying HOA Dues

67-year-old Kingwood Woman Loses Home For Not Paying HOA Dues

HOUSTON - This four-bedroom, two bathroom house has been Ann Izzat's home for almost 32 years.

Even though it's completely paid off, Ann was evicted. It followed a knock on the door just a couple of days ago.

"I saw my mom go outside," Ann's son Anthony Izzat said. "The next thing I know she came back in and told me we had 30 minutes to get al of our stuff, all thirty two years, and get it out, I went outside and asked for a card, they sat out here and actually laughed and said trust us."

"We had to leave and could not be at home while all the contents could be removed, they took all the contents to storage," Ann Izzat said. "I was shocked I didn't know what was happening."

Ann's HOA took her home because she owed the association a little over $1,200.

"I may have forgotten to pay," Ann said. "I wasn't aware of that problem though, I wasn't aware of it."

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Thanks to Shu Bartholomew for this story--one more among many, but according to the industry this never happens.

67-year-old Kingwood Woman Loses Home For Not Paying HOA Dues: MyFoxHOUSTON.com

Neighbour from hell ordered hundreds of taxis, takeaways and coal to victim's house | Mail Online

Neighbour from hell ordered hundreds of taxis, takeaways and coal to victim's house | Mail Online

A neighbour from hell has been jailed after he spent a decade ordering hundreds of unwanted taxis, takeaways and two tons of coal to the homes of his victims.

Paul Hayward’s campaign of harassment saw him throw mud, food and rubbish into their gardens and plague them with more than 150 silent phone calls.

His former neighbours spoke of their relief as he was sentenced to 14 months in prison after he breached an anti-social behaviour order on 19 occasions.

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And you think your condo association is bad?

Stop-gap home? Polish flat built in an alleyway is just 5ft wide - and won't even have room for stairs when it opens in June | Mail Online

Stop-gap home? Polish flat built in an alleyway is just 5ft wide - and won't even have room for stairs when it opens in June | Mail Online
The potential for condo developers is obvious...

Armored catfish chews up South Florida lakes - South Florida Sun-Sentinel.com

Armored catfish chews up South Florida lakes - South Florida Sun-Sentinel.com

A pesky burrowing fish that has no natural predator is wreaking havoc in South Florida.

The armored catfish eats away at local lakes, contributing to erosion that can steal more than 10 feet off the water's edge.

Someone even tried spearfishing in a desperate effort to eliminate them, according to one resident of the Royal Lakes community west of Boynton Beach.

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As if the foreclosures weren't enough, it had to be armored catfish.

Flawed analysis props up BC public private partnerships | Canadian Centre for Policy Alternatives

Flawed analysis props up BC public private partnerships | Canadian Centre for Policy Alternatives

"Traditionally, governments borrow money for things like hospitals and bridges. They use that money to pay the private sector to design and build the projects. Once built, the facility or infrastructure is wholly owned, operated and maintained by government on behalf of the public.  In P3 projects, however, the government typically enters into multi decade contracts with private corporations to design, build, finance and operate facilities, whether that be hospitals, toll highways or sewage treatment systems. Rather than financing and operating these facilities, the government effectively leases them from the private partner, paying for the right to use them over the life of the contracts...When private companies finance public projects, they pay higher interest rates on what they borrow and require a high rate of return on what they invest. The higher costs of private financing for P3s are built into the lease rates that taxpayers ultimately pay, and are much higher than the debt service costs that government would pay if it financed the projects itself. For large, expensive public infrastructure, that can add hundreds of millions of dollars to the total expenditures government incurs over the life of the project."[emphasis added]

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And that's what is going on with public-private partnerships in Canada.  So what are we doing here in Chicago?  Mayor Rahm Emanuel is cramming through the City Council a public-private partnership arrangement called the Chicago Infrastructure Trust, expected to pass on Tuesday.  It amounts to a privatization of the funding for infrastructure. Question: why would a city with the ability to sell bonds bother to do this? No city has ever done this.  It makes no sense...unless you are a new Mayor who wants to pad his resume so he can run for higher office as The Man Who Rebuilt Chicago's Infrastructure While Solving the Budget Crisis at the Same Time.  Maybe he figures to be in Springfield or Washington when the people of Chicago are paying the exorbitant bill in the form of charges and user fees.  That's what happened with the privatization of the Chicago Skyway, four municipal parking lots, and the City's parking meters.  The rates went through the roof, but they aren't taxes or user fees paid to the city, they are charges that are paid to, and controlled by, faceless corporations backed by sovereign wealth funds and who-knows-what, so there is nobody to complain to. The decisions are beyond political control, and that's the way things will be with this Infrastructure Trust.

Library Tower Condo | Residents of State Street Condo Told To Leave Chicago During NATO Summit

Library Tower Condo | Residents of State Street Condo Told To Leave Chicago During NATO Summit

 Residents of a Chicago condo whose building will be in the eye of the NATO storm are being warned that they should move out for the weekend ... or risk being trapped inside by rioters.

FOX Chicago News was first to report Friday that the people living in the 17-floor Library Tower building at 520 South State Street were warned in a letter from condo management that "we are STRONGLY recommending that all residents find places to stay during the conference from May 18 through May 21."

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Flee! Flee for your lives! The peasants are revolting.

Investor 'feeding frenzy' gobbles up Sacramento-area homes for rentals - Real Estate - The Sacramento Bee

Investor 'feeding frenzy' gobbles up Sacramento-area homes for rentals - Real Estate - The Sacramento Bee

As the Sacramento housing bust enters its seventh year, it's taken on yet another defining characteristic. Investors are snatching up homes at rock-bottom prices, renting them out and earning money from rents that, in many cases, are significantly higher than mortgage payment sin the region.
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The same thing is happening here in the Chicago area, Florida, and elsewhere. People with cash to burn, including hedge funds, are "investing" in foreclosed homes that they buy cheap from banks and then rent out.  They sometimes buy most or all the units in a condo building. Thanks to Fred Pilot for the link.

Read more here: http://www.sacbee.com/2012/04/21/4431322/investor-feeding-frenzy-gobbles.html#storylink=cpy

Taylor couple loses appeal — over a fence | The Detroit News | detroitnews.com

Taylor couple loses appeal — over a fence | The Detroit News | detroitnews.com
The couple acknowledge they didn't follow the rule but say the association has ignored others who put up fences. The appeals court says strict language in the deed trumps any lax enforcement.
The couple say they surveyed their neighbors and found a majority would favor the fence. The court says public opinion in this case doesn't matter.

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Thanks to Don Nordeen for this link. Waiver and estoppel? Don't matter.  Neighbors don't care? Doesn't matter. Words?  They are all that matter.

Camden targets blighted buildings for demolition | Courier-Post | courierpostonline.com

Camden targets blighted buildings for demolition | Courier-Post | courierpostonline.com
CAMDEN — The city is plagued by thousands — estimates are between 3,000 and 5,000 — of abandoned buildings, the result of decades of depopulation and disinvestment.
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And lots of them are about to be destroyed.

Dan Walters: Stockton not only California government in financial distress - Dan Walters - The Sacramento Bee

Dan Walters: Stockton not only California government in financial distress - Dan Walters - The Sacramento Bee

Mammoth Lakes, one of the state's smallest cities, is going through the same process as Stockton, having lost a big lawsuit, and if it can't work out a payment plan for the judgment, it's probably headed to bankruptcy court.

A number of school districts have been listed by the state as being in fiscal distress, some facing the prospect of state receivership. And cities large and small throughout the state, especially those that overspent housing bubble revenue, are likewise in trouble – including the largest, Los Angeles.

The city's top administrator, Miguel Santana, used the B-word this month as he reported a large and increasing deficit in the Los Angeles budget, terming it "crisis mode" that could require privatization of some city services, layoffs of employees and new taxes to relieve.

"We're facing the complete devastation of city services, including public safety," Santana told theLos Angeles Times.

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Thanks to Fred Pilot for this link. I was in Pasadena from Friday to Sunday for my mother's 90th birthday, and it is remarkable how successfully Pasadena has redeveloped its downtown. But as we can see, many California cities are in an increasingly desperate situation.

Read more here: http://www.sacbee.com/2012/04/16/4416349/dan-walters-stockton-not-only.html#mi_rss=Top%20Stories#storylink=cpy

Excite News - US home-buying season finally signaling a recovery

Excite News - US home-buying season finally signaling a recovery

WASHINGTON (AP) - Five years after the U.S. housing bust sent sales and prices plunging, the spring home-buying season is pointing to a long-awaited recovery.

Reduced prices, record-low mortgage rates, higher rents and an improving job market appear to be emboldening many would-be buyers. Open houses are drawing crowds. A wave of foreclosures is leading investors to grab bargain-priced homes.

And many people seem to have concluded that prices won't drop much further. In some areas, prices have begun to tick up.

Interviews with more than two dozen potential buyers, sellers, brokers, Realtors and economists suggest that confidence is up and that sales will move slowly but steadily higher.

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U.S. Standard of Living Has Fallen More Than 50%: Opinion - TheStreet

U.S. Standard of Living Has Fallen More Than 50%: Opinion - TheStreet
 In fact, Western wages have plummeted so low that a two-income family is now (on average) 15% poorer than a one-income family of 40 years ago.
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Man on kayak trying to keep geese away drowns after he falls into pond and swan attacks him | Mail Online

Man on kayak trying to keep geese away drowns after he falls into pond and swan attacks him | Mail Online

A man died after he fell off a kayak into a pond and a swan attacked him.

Anthony Hensley, 37, drowned on Saturday after the swan he was checking as part of his job at a condominium complex in Cook County, Illinois charged at him.

Read more: http://www.dailymail.co.uk/news/article-2130244/Man-kayak-trying-geese-away-drowns-falls-pond-swan-attacks-him.html#ixzz1sCeAv19f

Energy company refuses to recognize HOA authority

In 2003, she said, the HOA approved a resolution to assess a $5,000 bond against any trip across Grass Mesa roads by vehicles weighing more than 75,000 pounds. The resolution was formally recorded with the Garfield County Clerk in 2004.

Encana, however, is refusing to recognize the resolution.

“This was never agreed to and was dropped,” Hock wrote on April 10, referring to the resolution.

“They don't have to agree to anything,” Brock said. “It's a resolution for all the owners up there,” She noted that Encana has purchased five lots in the Grass Mesa subdivision.
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Unfortunately, we don't recognize HOAs as a legitimate form of local government. Go pound sand.

HOA president arrested for gun threat

OAKLAND, Fla. (WOFL FOX 35) - Michael Hudzik, 65, president of the John's Cove subdivision Homeowners Association in Oakland, was arrested on Tuesday, accused of threatening a father and son with a gun.

"We're citizens here! We're just trying to have a peaceful life! You're going to threaten a family with a gun?" asked neighbor Lazina Joyner.

Tino Alonzo says the father and son were in the neighborhood visiting his son to go jet skiing at the nearby lake, as they were leaving police say Hudzik felt they were driving too fast.

"He started waving a gun at him, said 'Get back in the truck, or I'm going to shoot you,'" Alonzo said.

HOA president arrested for gun threat: MyFoxORLANDO.com

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Another HOA boss allegedly uses a heater to assert his authority over the inmates. Seems there was a similar incident posted here recently involving a Phillipine HOA.

The Mayor’s Kill Shot on Suburban LA

The Mayor’s Kill Shot on Suburban LA
Indeed, the State as well as the city of Los Angeles has all but abandoned the idea of promoting the development of stand-alone single-family housing, of yards front and back.  Opting instead for “smart growth” developments that make for higher concentrations of people all throughout the State and especially here in Los Angeles throughout the past decade, State and civic leaders have demonstrated a preference for transit hub development and densely-packed mixed-use corridors, even in edge cities and collar counties.
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A "kill shot" for single family homes is a big shot in the arm for common interest housing, with all its problems.  

Pa. homeowners group says seeing eye dog has to go

READING, Pa. (AP) - A Pennsylvania housing development with a one dog per household rule said a family must give back a seeing eye dog they're training.

Steve and Annette Yerger's daughter was trying to earn a $1,000 college scholarship by raising Ives, a 4-month-old retriever mix, for one year. But the family already has a pet dog.

The Oak Meadows Homeowners Association in Berks County denied the family's request to keep Ives until December, when he'd return to the Seeing Eye program for the next phase of his training by professionals.

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More bad press for Privatopia.

North Las Vegas HOAs and homeowners trade blows - View - ReviewJournal.com

North Las Vegas HOAs and homeowners trade blows - View - ReviewJournal.com

Joe Salvatore likens life in the Autumn Chase Homeowners Association to “a terrorist state.”

Police officers have randomly knocked on his door and asked questions.

He records constantly to document his whereabouts in his own neighborhood.

And he will get the mail only at 1 a.m.

His behavior might seem paranoid to some, but to Salvatore, a North Las Vegas homeowner, it covers his tracks.

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Thanks to Rodney Gray for this link to yet another bizarre owner vs. hoa story.

Man gets 3 years in defrauding of condo associations - News - Crain's Chicago Business

Man gets 3 years in defrauding of condo associations - News - Crain's Chicago Business

(Crain's) — An Arizona man was sentenced Tuesday to three years in federal prison for his role in defrauding 48 Chicago condominium associations of about $2 million.

Jay Strauss, 76, of Scottsdale, Ariz., also was ordered to pay $2 million in restitution, according to a spokesman for the U.S. Attorney in Chicago. The judge, Robert Dow Jr., noted in court that it is unlikely restitution will ever be paid.

Mr. Strauss pleaded guilty to defrauding the condo associations, made up of more than 700 individual unit owners, by falsely claiming that his property management company, Chicago-based Regent Realty Group Inc., was using association payments for property maintenance. The funds actually were being used to pay off debt on other real estate owned by Mr. Strauss and a partner.

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Thanks to Chicago Tribune real estate reporter Pam McKuen for this link. As she says, it's about time and it should have been a longer sentence.

Mike Bloomberg's New York: Cops in Your Hallways | Matt Taibbi | Rolling Stone

Mike Bloomberg's New York: Cops in Your Hallways | Matt Taibbi | Rolling Stone
Have you heard about the "Clean Halls Program"?  It seems that in NYC landlords can turn their buildings into Constitution-free zones.

In effect since 1991, it allows police to execute so-called "vertical patrols" by going up into private buildings and conducting stop-and-frisk searches in hallways – with the landlord’s permission.

According to the NYCLU, which filed the suit, "virtually every private apartment building [in the Bronx] is enrolled in the program," and "in Manhattan alone, there are at least 3,895 Clean Halls Buildings." Referring to the NYPD’s own data, the complaint says police conducted 240,000 "vertical patrols" in the year 2003 alone.

If you live in a Clean Halls building, you can’t even go out to take out the trash without carrying an ID – and even that might not be enough. If you go out for any reason, there may be police in the hallways, demanding that you explain yourself, and insisting, in brazenly illegal and unconstitutional fashion, on searches of your person.

Sacramento-area home prices remain in a rut

Sacramento-area homes are cheap. Interest rates are low. The inventory of new homes is tight.

But prices stubbornly refuse to rise.

"It's a very strange time," said Doug Covill, immediate past president of the Sacramento Association of Realtors. "I question if we've ever seen anything like it before – to see this low of an inventory where values aren't going up."

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If the demand side of the market is sufficiently suppressed, the usual operation of the law of supply and demand is curtailed. In this snapshot of one of the nation's most distressed residential real estate markets, the suppressing factors are ultra conservative lending standards, high unemployment and reduced household income and weak consumer confidence.

Wendell Cox: California Declares War on Suburbia - WSJ.com

Wendell Cox: California Declares War on Suburbia - WSJ.com
Thanks to Fred Pilot for this link to a planner who opposes the current plans for higher density housing, which would of course lead to lots of condo and townhouse construction and hardly anything that isn't in a CID.  He says:

"To understand how dramatic a change this would be, consider that if the planners have their way, 68% of new housing in Southern California by 2035 would be condos and apartment complexes. This contrasts with Census Bureau data showing that single-family, detached homes represented more than 80% of the increase in the region's housing stock between 2000 and 2010."

Here is how he identifies himself:  "Mr. Cox, a transportation consultant, served three terms on the Los Angeles County Transportation Commission under the late Mayor Tom Bradley."  That seems to suggest that he is a Democrat, like Bradley. But if you check out his wikipedia page, you see this:  "He has authored studies for conservative think tanks such as the Cato Institute, Heartland Institute, Heritage Foundation,[1] and the Reason Foundation,[2] and for industry groups such as the American Highway Users Alliance, a lobbying and advocacy group for automobile-based industries."

I think that gives a little clearer picture of where he is coming from. 

Town That Served As ‘Hunger Games’ Backdrop On Sale For $1.4 Million « CBS Charlotte

Town That Served As ‘Hunger Games’ Backdrop On Sale For $1.4 Million « CBS Charlotte

"Shepherd, 83, told the Associated Press that fans have swarmed his 72 acres of land, despite the fact that it’s all private property. “Day and night, they’re driving through, taking pictures, getting out and walking,” he said. “I’m just bombarded with people.”  Shepard is no Hunger Games enthusiast, having never read any of the series. He is now even less enthralled by its passionate fan-base, which is why he has put the property on the market for $1.4 million."

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Not a bad deal--it works out to less than $20,000 per acre, and with no homeowners' association.

The pros and cons of homeowners associations - Yahoo! Finance

The pros and cons of homeowners associations - Yahoo! Finance

"Most associations work reasonably well most of the time, but there are tons of examples of really troubling rules," says Evan McKenzie, associate professor of political science at the University of Illinois at Chicago and author of the book "Privatopia: Homeowner Associations and the Rise of Residential Private Government."

Among other actions that have aroused controversy, associations have banned owners from renting out residences and have forbidden inflatable lawn ornaments at Christmastime.

HOAs and condo associations are bound by state laws. Florida, Nevada and Virginia have ombudsmen to hear complaints. In the rest of the states, the state government plays a minimal role, McKenzie says.

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This is basically an "on the one hand, on the other hand," article.

Rodney Gray's new documentary: The Hoax

NEW HOA DOCUMENTARY FILM, THE HOAX

Hi there, I'm Rodney Gray. I am a former U.S. Marine, an actor and a filmmaker, who is currently directing and producing a feature documentary on the homeowners' association (HOA) industry for submission to film festivals and future distribution, but also as my MFA production thesis at the University of North Texas.

My new film, The HOAX, follows an investigative reporter, homeowners, and HOA reform activists as they reveal shocking evidence of financial and psychological hardships experienced by people throughout Texas and Nevada. A few of these people, including the filmmaker, have been the subject of adverse actions from the very HOAs created to help them.

Please feel free to visit our websites to find out more information, get updates and watch the teaser trailer.

The HOAX Movie Website:

http://thehoaxfilm.com/

The HOAX Trailer Tease and Campaign Website:

www.indiegogo.com/thehoaxfilm

Spread the word and please share these links. Help us bring injustices into the light.

Best to you all,

Rodney

Austerity in Heaven’s Corridor

Austerity in Heaven’s Corridor
"The Left should be paying attention to Florida. If you’ve ever desired a nightmarish vision of the legislature-driven austerity measures sure to proliferate around the country in the coming years, look no further than the Sunshine State’s 2012 budget. With little protest, Florida lawmakers are eviscerating public welfare and rapidly turning the state into a haven for the exploitation of workers. Despite the laughable “moderation narratives” now propagating in local newspaper coverage–which depict it as part of a trend away from rightist absolutism–the 2012 budget is nothing less than an unqualified victory for free market zealots everywhere: its legislatively-imposed austerity measures and multi-billion dollar tax cuts will no doubt serve as a useful model for other “business friendly” Southern states and the country as a whole."
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I don't follow Florida public affairs except where condos and HOAs are concerned. This article paints a picture of the state as a model for the nation.

Architects float answers to rising seas around the world – USATODAY.com

Architects float answers to rising seas around the world – USATODAY.com
BANGKOK (AP) – A floating mosque and golf course for the submerging Maldives islands. Amphibious homes in the Netherlands lifted to safety as waters surge beneath them. A hospital perched on 400 stilts to protect patients from Thailand's devastating floods and the encroaching sea..Around the world, architects and city planners are exploring ways mankind and water may be able to coexist as oceans rise and other phenomenon induced by climate change, including extreme, erratic floods, threaten land-rooted living. With the Dutch at the helm, projects in the cutting-edge field of aqua-architecture are already in place, including a maritime housing estate, floating prison and greenhouses in the Netherlands..
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Makes sense that the Dutch would be doing this, after all those years living below sea level.

Americans brace for next foreclosure wave | Reuters

Americans brace for next foreclosure wave | Reuters

Many more U.S. homeowners face the prospect of losing their homes this year as banks pick up the pace of foreclosures.

"We are right back where we were two years ago. I would put money on 2012 being a bigger year for foreclosures than 2010," said Mark Seifert, executive director of Empowering & Strengthening Ohio's People (ESOP), a counseling group with 10 offices in Ohio.

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The Housing Bubble keeps on giving trouble.

Irish Protest Against Household Tax As Austerity Pain Bites Further : The Two-Way : NPR

Irish Protest Against Household Tax As Austerity Pain Bites Further : The Two-Way : NPR

This weekend, Ireland's 1.65 million householders were supposed to register to pay a new tax; an annual household charge of 100 Euros. That's about $133. By the time the deadline expired at midnight Saturday, only about half had done so.

Hundreds of thousands now face the prospect of penalties and, potentially, prosecution. Is a tax revolt in the making, that could disupt the government's strategy for getting the economy back on its feet — and make it still harder to implement future austerity measures?

Trayvon Martin: homeowners could pay in Trayvon Martin case - Orlando Sentinel

Trayvon Martin: homeowners could pay in Trayvon Martin case - Orlando Sentinel
This story is taking off. Now it is being picked up by the powerhouse site Findlaw:

Homeowners May Have to Pay in a Trayvon Civil Action

Thanks to Fred Pilot for the Findlaw link.

Colorado HOA: Chickens must go

Then Vidia’s dad built a nice coop for them and fenced the yard so they could run around freely.

Pow! That newfound freedom led to the neighbor complaint and now an order from the HOA to evict the chickens.

“We didn’t realize we were breaking the covenants,” said Maya Hurdowar, mother of Vidia. “City regulations say you can have chickens. We didn’t know it was against HOA rules. We wrote them. But they said they are allowed to be stricter than the city law.

“We wrote them and asked them for a variance, for my daughter’s sake. These are her pets.”

The variance was not granted. On a 2-1 vote, the HOA board voted to enforce the covenants.
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It's easier to get a variance from a municipality than an HOA as these HOA inmates discovered with their domestic poultry. That's because HOA boards see CC&Rs as set in stone giving them no flexibility. That lack of accommodation often leads to frivolous litigation that wastes money and judicial resources.

Homeowners, legislators want HOA rules to move forward for Myrtle Beach area

For Pat Howard, a Murrells Inlet homeowner, it’s been one issue after another with his homeowners’ association.

From money being spent on items the community wasn’t aware of, to an increase in late fees, to an insurance amendment without homeowners’ approval -- the list of complaints goes on and on.

It’s time, he says, for the state to step up and start overseeing homeowners associations.

Howard’s situation is one of numerous complaints some residents have about homeowners associations and how those groups use their power. They and local legislators say there’s a need to govern HOAs in South Carolina, which doesn’t oversee the groups.
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It's the same story that has been playing out in various states for at least the past two decades. HOA reform is stuck the familiar wash, rinse, repeat cycle.

'There is nothing to scrutinize' - Lowell Sun Online

'There is nothing to scrutinize' - Lowell Sun Online

"In other states, courts are scrutinizing whether the foreclosing party has the right to foreclose and concluding that in most cases (they haven't) demonstrated that right with proper documentation,

---

---

said Debra Fortenberry, a Colorado Springs attorney who helped draft the initiative with Brunette and the Colorado Progressive Coalition. "In Colorado, there is nothing to scrutinize," she said.
No other state allows for a foreclosure without the lender first proving it is the right entity to do so. Colorado allows foreclosure lawyers to sign a "statement of qualified holder," which basically says they think their client owns the note or mortgage without ever actually seeing it -- a practice some states have labeled as "robo-signing."
Colorado law allows a foreclosure to continue even if the lawyer gets it wrong -- and doesn't hold anyone accountable for the mistake. It's a crime in Nevada, one of the states to use deeds of trust like Colorado. 
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Great example of public policy makers letting the banks and mortgage servicers make whatever public policy they want. Now maybe the people will change it.

Read more: http://www.lowellsun.com/business/ci_20297412/there-is-nothing-scrutinize?source=rss#ixzz1qi7Sckbw

Is Conservatism Our Default Ideology? - Miller-McCune

Is Conservatism Our Default Ideology? - Miller-McCune
 “When effortful, deliberate responding is disrupted or disengaged, thought processes become quick and efficient,” the researchers write in the Personality and Social Psychology Bulletin. “These conditions promote conservative ideology.”
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This explains a lot. If you stop to think about it.

Don't question your HOA or you might get arrested - Friday, March 30, 2012 | 2 a.m. - Las Vegas Sun

Don't question your HOA or you might get arrested - Friday, March 30, 2012 | 2 a.m. - Las Vegas Sun

Frank and Stebbins accused two board members of “forgery” — essentially knowingly signing a false statement — which was probably also imprudent. According to a police affidavit, Frank told the investigator a “flagrantly false” board resolution related to the surplus was “used to deceive the community membership and government agencies concerning the improper disposition of millions of dollars of overcharged/surplus homeowner assessments.”
After an investigation, Henderson Police exonerated the board members and then arrested … Frank and Stebbins.

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Thanks to Rodney Gray and others for sending me this link.  It turned out that Frank and Stebbins were right about the position the IRS would take on the surplus, although that issue, amounting to a tax liability of $1.35 million, is disputed and is still being negotiated. In the meantime, the cops arrested them and they were charged with making a false police report. Say what?  Eventually the case against Frank and Stebbins was dropped, but as reporter Coolican says, "This seems to be a curious use of government resources." What is the nature of the relationship between the HOA board of directors and the Henderson police and city government, that such a thing would happen? Strange days, indeed.

Gazette.Net: Lawsuit could impede HOA debt collection

Gazette.Net: Lawsuit could impede HOA debt collection

Fontell, a former accountant who now is unemployed and past president of the Norbeck Grove I Condominium Association, has been fighting a $236.71 condominium fee that dates back to 2003 — ignoring letters and calls claiming she had to pay, according to court records. She said she already had paid the assesment and The Management Group, Inc., which oversees operations of the Norbeck Condominiums, made a billing error. In 2008, the Norbeck condominium association successfully sued Fontell in a Montgomery County District Court, a ruling she successfully appealed in circuit court, where the condominium association filed the lien against her in hopes of collecting its debt, according to court records. Circuit Court Judge Robert A. Greenberg ruled in 2010 the association had waited too long to seek its money, violating the state’s three-year statute of limitations on such claims.
Since the 2010 lien, Fontell said she’s been unable to work as an accountant, a field where credit checks often are part of job applications, or sell her Olney condominium.
Last year, staff with the state’s Attorney Grievance Commission informed Fontell the lien against her and the other liens filed by The Management Group Associates, Inc.’s president, Jeff Gatling, constitute an unauthorized practice of law as they should have been filed by an attorney, not Gatling.
Fontell, who is representing herself after being unable to find a lawyer willing to take on her case pro bono, is seeking compensation under the U.S. Fair Debt Collections Practice Act.
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Very interesting case, now before a federal court.  Thanks to Fred Pilot for the link.

HOA could be sued in Trayvon Martin civil suit | wtsp.com

HOA could be sued in Trayvon Martin civil suit | wtsp.com

ST. PETERSBURG, Fla. -- The residents who live in the gated community where Trayvon Martin was killed could soon find themselves in a legal battle.
Several attorneys say if Martin's parents file a civil suit, the homeowners association for the Retreat at Twin Lakes could be named in the case, meaning residents of the community could end up paying big money for the 17-year-old's death.
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Fred Pilot sent some links along on this issue. As you can imagine, I've been thinking about this possibility since I first heard that the case involved some sort of alleged neighborhood watch program in a gated community.   It seems likely that such a lawsuit will happen unless Zimmerman is prosecuted and acquitted.  If so, I don't know how this will play out because the facts aren't clear yet., and I don't want to prejudge it.  The critical issue is the nature of the relationship between Zimmerman and the HOA.  Another story says this:


A civil lawsuit in the Martin case, legal experts said, would be predicated on establishing a relationship between Zimmerman and the Retreat at Twin Lake association, as well as establishing a relationship between Twin Lakes homeowners and a crime watch group that Zimmerman led. The homeowners association acknowledged Zimmerman and the neighborhood crime watch in a February newsletter, according to the Associated Press. The newsletter encouraged residents to contact Zimmerman in case of an incident, it said. "If you've been the victim of a crime within the community, after calling the police, please contact our captain, George Zimmerman ... so we can be aware and help address the issue with other residents," the newsletter said.

That suggests a connection between Zimmerman and the HOA.  There are several questions that have been raised or that come to mind:

• What documentation, if any, exists that confirms or defines the nature of this "captain" role that Zimmerman was playing?
• Did the HOA know that Zimmerman was armed when we was out and about acting as "captain"?
• What training, if any, did Zimmerman have to do this? And what steps did the HOA take to make sure that their "captain" was trained properly?
• Neighborhood Watch programs are registered with the National Sheriff's Association.  This one wasn't. Why was this HOA operating an unregistered program? . Here's what they have to say about this:  "The alleged action of a “self-appointed neighborhood watchman” last month in Sanford, FL significantly contradicts the principles of the Neighborhood Watch Program,” stated NSA Executive Director Aaron D. Kennard, Sheriff (ret.). “NSA has no information indicating the community where the incident occurred has ever even registered with the NSA Neighborhood Watch program.” 
• Had there been any complaints brought to the HOA about Zimmerman's behavior in this role? What did they know?
• What should they have known?  What level of supervision or oversight did the HOA have over Zimmerman, and was it consistent with the standard of care and practice that prevails in this industry.
• The industry, by the way, has already taken steps in the wake of this tragedy to advise associations that they should avoid any such responsibilities.  Here's what CAI has to say, in a press release: "I would not advise board members to inject themselves into the role of telling members how to set up a neighborhood watch. The board cannot be the eyes and ears that the owners or neighbors can be," says Beth A. Grimm, a Pleasant Hill, Calif., attorney who is a member of CAI's College of Community Association Lawyers (CCAL).

And that leads to another question.  If it turns out that the HOA is civilly liable in this case, who would pay the judgment?  If the HOA has a liability insurance policy, which I assume they do, undoubtedly they will turn to that carrier for a defense and indemnification up to the policy limits, which is usually $1 million.  But does that policy cover the actions of volunteers, or just directors and officers of the association?  As association attorney Donna Berger says, "The vast majority of homeowner associations do not have insurance policies that cover the acts of their volunteers, according to Berger. If that is the case with Retreat at Twin Lakes, the residents could be responsible for satisfying any judgment against the association, said Berger, the community associations lawyer not involved in the case."

 That would leave the association potentially facing an uninsured judgment that could involve a great deal of money.  Who would pay that judgment?  Some readers of this blog know that I have been writing about this for some time.  The answer is, "the unit owners." This situation has come up several times in California in the Le Parc case, and in the Oak Park Calaveras saga. I talk about these cases in my latest book, Beyond Privatopia. 

By the way--try and find that responsibility in your CC&Rs. We constantly hear from the industry and the courts that you are stuck with the terms of the governing documents because you should have read and understood them. Fine. But here is an obligation that nobody knows about:  responsibility for uninsured debts and judgments of the association.

Don’t question your HOA or you might get arrested

Frank and Stebbins believed the board was piling up excess reserves -- more than $3 million -- when that money should have been returned to homeowners. Not returning it placed the money at risk of IRS tax liability, they insisted.

Frank and Stebbins built their case and then sought advice from friends in the legal community to avoid a boomerang lawsuit from the HOA board. They were advised to bring the issue to local law enforcement, meaning Henderson Police. Bad advice.

Frank and Stebbins accused two board members of “forgery” -- essentially knowingly signing a false statement -- which was probably also imprudent.
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Indeed. It's understandable that most HOA inmates can't afford to lawyer up to go after the board or don't have the inclination or ability to file a pro se court petition. But calling the cops to sort out HOA issues probably isn't the best move.

Homeowner's Association: Remove Our Name From Facebook Page Or We'll Sue - The Consumerist

Homeowner's Association: Remove Our Name From Facebook Page Or We'll Sue - The Consumerist
 A Tennessee woman says she's being bullied by her homeowner's association, all because she used the name of her subdivision to create a private Facebook page for residents. 

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Thanks to Mystery Reader for this example of what happens to anybody who tries to create a sense of community in a "community" association. 

Bank of America Sold Card Debts to Collectors Despite Faulty Records - American Banker Article

Bank of America Sold Card Debts to Collectors Despite Faulty Records - American Banker Article
 Bank of America has sold collections agencies rights to sue over credit card debts that it has privately noted were potentially inaccurate or already repaid.
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The biggest domestic problem this country faces is not the federal budget deficit or overall government debt.  It is the crushing debt burden that has been imposed on the middle class and the poor.  And nobody is doing anything about it.  The Obama administration is desperately concerned about the health of the big banks, the Republicans are shamelessly flacking for the rich and powerful, and the Democrats are floundering around trying to decide whether they should be Republican Lite or make a teensy-weensy move back from the moderate right to what used to be the center. In the meantime, home mortgage debt (secured by homes that aren't worth a damn), consumer debt, medical bills, and student loans leave most of us struggling and one layoff away from filing Chapter 13. 

HOA scandal: FOUR 'commit suicide' after probe into Nevada homeowners association fraud | Mail Online

HOA scandal: FOUR 'commit suicide' after probe into Nevada homeowners association fraud | Mail Online
Guess what is making news across the pond?

Man tags own home: Neighbors dislike graffiti — and message | kens5.com San Antonio

Man tags own home: Neighbors dislike graffiti — and message | kens5.com San Antonio

KENS 5 asked McClain if he would say that he tagged his own home. "Yes I did," answered McClain.
The message reads "To the mother f----- that stole my truck. You are a dead man."
McCain says he didn't mean it as a death threat. "I would just like my stuff back," he added.
The message also reads "2K NQA." McClain explained that means he is offering a cash reward of $2,000 for information, no questions asked...According to the San Antonio Police Department, McClain is not breaking the law. SAPD spokesman Matt Porter said McClain did not use profanity, because he did not spell out the expletive. Also, he says according to homicide detectives, McClain did not threaten anyone specifically. Finally, the city is not allowed to regulate what people paint on their homes.
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 For some reason the neighbors have a problem with this.

Condo Owner In Fight Over Mezuzah On Doorpost - Courant.com

Condo Owner In Fight Over Mezuzah On Doorpost - Courant.com

A homeowner who faces a fine of $50 a day for hanging a glass mezuzah on her doorpost, and who is threatening to take legal action against her Stratford-based condo association, has gained the support of the Anti-Defamation League.

The California Condo Association, 40 California St., allows unit owners to display religious items on the outside of doors, but not on their doorposts, the frame around the door.
The Connecticut branch of the Anti-Defamation League says such a by-law is an attack against the Jewish faith.
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Crosses:  OK.  Mezuzah?  No way.  Now--you tell me how you think this will play out in court.

Jury Awards Couple $3.8M in Molokai Condo Dispute

http://hawaii.money.blogs.civilbeat.com/post/19993111658/jury-awards-couple-3-8m-in-molokai-condo-dispute

"A Maui jury has awarded a couple $3.87 million in damages for enduring what their attorney described as “the equivalent of a John Ford Western where an isolated town is run by a villain and his collection of thugs” at a West Molokai condominium."
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Thanks to Shu Bartholomew for this link. 

Another Attorney Connected to HOA Scandal Found Dead

Another Attorney Connected to HOA Scandal Found Dead
 LAS VEGAS -- David Amesbury, the attorney who cut a deal with federal prosecutors in a far-reaching homeowner's association scandal, was found dead Sunday at his brother's home near Sacramento...Amesbury and [Nancy] Quon are the third and fourth people connected to the HOA investigation to be found dead. Former Metro Lieutenant Chris Van Cleef killed himself shortly after he was named in the investigation, and late last year, former Vistana HOA board member Robbie Castro died from an apparent suicide in Northern Nevada.
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I have never heard of an investigation with four suicides.  Have you?  What is going on here?  Thanks to Shu Bartholomew for this link.

JPMorgan Claims No. 1 for Government Debt After Jefferson County - Bloomberg

JPMorgan Claims No. 1 for Government Debt After Jefferson County - Bloomberg

"JPMorgan, which emerged from the worst financial crisis since the 1930s as the most profitable U.S. bank, has parlayed crisis-era loans to cities and states and a willingness to outbid other firms in local government bond auctions into becoming the top underwriter of municipal debt last year, according to data compiled by Bloomberg. It was the first time the firm held that rank.
The turnaround was a milestone for JPMorgan’s municipal- bond department, which has been marred by its involvement in two of the biggest scandals in the history of U.S. public finance: a so-called pay-to-play scheme in Jefferson County, Alabama, that contributed to the biggest-ever U.S. municipal bankruptcy, and a federal probe that uncovered bid rigging of municipal-bond investment products. It also underscores state and local officials’ willingness to overlook bankers’ past abuses when they set out to borrow money in debt markets."
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As Matt Taibbi says,  "A friend of mine sent this article from Bloomberg, along with the simple comment: "Perfect." What's perfect? That the banks that have been caught repeatedly ripping off communities and munipalities -- banks that have paid hefty settlements for rigging bids, bribery and other sordid misdeeds -- keep winning the most public business. Apparently, our public officials aren't concerned about whom they hire to serve as the people's investment bankers."

Read more: http://www.rollingstone.com/politics/blogs/taibblog/gangster-banks-keep-winning-public-business-why-20120322#ixzz1qAQQQGpX

Few condo associations certified for FHA loans - Lansner on Real Estate : The Orange County Register

Few condo associations certified for FHA loans - Lansner on Real Estate : The Orange County Register
" William Sasser is chairman and CEO of The Management Trust in Tustin, which manages more than 1,600 homeowner associations in California and five other Western states. In Southern California, the firm does business as TransPacific Management. Sasser says that as of September, fewer than 10% of U.S. condo associations were FHA certified so that members could get FHA loans."
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Thanks to Fred Pilot for this link. This is part of what one law professor called the "death spiral" of many associations.

Struggling Izumi-Sano plans to lease its name : National : DAILY YOMIURI ONLINE (The Daily Yomiuri)

Struggling Izumi-Sano plans to lease its name : National : DAILY YOMIURI ONLINE (The Daily Yomiuri)

IZUMI-SANO, Osaka--The municipal government of Izumi-Sano, Osaka Prefecture, which is on the verge of bankruptcy, has decided to lease the naming rights for the city and a range of public works.
Companies will be able to change the city name under a contract that will last from one to five years. The city will accept applications from domestic and foreign companies from June to the end of November. Applicants will be required to propose the amount they will pay the city for naming rights.
The sale of naming rights began in the United States in the 1990s to raise funds for the operation of sports facilities. In 2003, Tokyo Stadium in Chofu, Tokyo, had its name changed to Ajinomoto Stadium, after the food company Ajinomoto Co., the first such case in the country. Recently, the naming rights to other public works, such as pedestrian overpasses and dams, have been sold to companies. 
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 So once again the US leads the way.  Sure, we lead the way in letting corporations turn the world into one great big repulsive billboard, but still...

NH Woman Plants Flowers, Gets Sued - Kimberly Bois battles her condo board

NH Woman Plants Flowers, Gets Sued - Kimberly Bois battles her condo board
  "The grounds around Kimberly Bois' condo are filled with daisies, bearded irises, lavender, and hydrangeas … a piece of floral serenity that's getting Bois sued. The Atlantic Pointe condo association wants her to pull up the perennials, and since Oct. 24 has been fining her first $25 per day and then $50 per day for every day the flowers remain. But the New Hampshire woman says she planted the flowers with permission from the developer, before there was a condo board at the Portsmouth complex."
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Sure. Why not? Here's another article with a photo of the nightmarish defilement of the sacred common areas. Definitely worth a $4500 lien--fines, attorney fees...you know the drill.