The Occidental Weekly : Taitz loses court case to Occidental over Obama’s records:
According to the court observer, Judge Marginis did comment on Taitz’s quality of evidence when she presented a folder of it to the judge.
“You should know that evidence is not stuff printed from the internet,” Marginis said, responding to Taitz’s continued argument after he made the decision to quash the subpoena and award $4,000 in sanctions to Occidental College.
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True. And that is a general lesson not just for birthers, but for the many other people who like to make up their own wackadoodle legal theories and head off to court with them. That sort of thing can become expensive when the judge throws out the case. There is a lot of room to be creative with the law, and that is a good thing. We need to have people exploring the outer limits of civil liberties and rights, for example. But making up your own law and then trying to live by it is a dangerous thing. People who claim they don't have to pay taxes and refuse to recognize the federal government, or people who keep insisting that the president was born in Kenya, need to wake up and join the real world.
Monday, December 03, 2012
Saturday, December 01, 2012
200 square foot homes prop up in DC as aspiring homeowners look for their piece of the American dream after the housing crisis | Mail Online
Wednesday, November 28, 2012
Rich, lonely woman Betty Harris, who died aged 95, leaves $12.5 million estate to neighbour | News.com.au
Rich, lonely woman Betty Harris, who died aged 95, leaves $12.5 million estate to neighbour | News.com.au:
A rich but lonely old lady has left her entire estate, worth $12.5 million to her neighbour, who bought her bread and milk and helped her manage her daily chores.
Betty Harris, who died aged 95 in 2009, chose to leave her estate to her neighbour in the millionaires enclave of Point Piper in Sydney after she felt her niece was trying to force her into a nursing home.
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Proving once again that being nice to your neighbors pays off. The lady in the post below should read this.
A rich but lonely old lady has left her entire estate, worth $12.5 million to her neighbour, who bought her bread and milk and helped her manage her daily chores.
Betty Harris, who died aged 95 in 2009, chose to leave her estate to her neighbour in the millionaires enclave of Point Piper in Sydney after she felt her niece was trying to force her into a nursing home.
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Proving once again that being nice to your neighbors pays off. The lady in the post below should read this.
WWL - AM870 | FM105.3 | News | Talk | Sports - Cops Tell D. Springs Woman To Take Down ''offensive'' Christmas Lights
WWL - AM870 | FM105.3 | News | Talk | Sports - Cops Tell D. Springs Woman To Take Down ''offensive'' Christmas Lights
A Denham Springs woman got a visit from the cops after nearby residents were offended by her somewhat unorthodox Christmas lights display. Homeowner Sarah Henderson intentionally fashioned the lights on her roof (photo, above) to look like a human hand "flipping the bird." Neighbors called police to complain, and Denham Springs Police Corporal Shawn Perkins paid her a visit. Corporal Perkins said the woman told him she put the display as a direct message to her neighbors. "It was a message to an ongoing dispute she was having with other homeowners on that same street," Perkins told WWL First News. Perkins says he informed Henderson that the display was in violation of obscenity laws and that it must come down, or else.
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A Denham Springs woman got a visit from the cops after nearby residents were offended by her somewhat unorthodox Christmas lights display. Homeowner Sarah Henderson intentionally fashioned the lights on her roof (photo, above) to look like a human hand "flipping the bird." Neighbors called police to complain, and Denham Springs Police Corporal Shawn Perkins paid her a visit. Corporal Perkins said the woman told him she put the display as a direct message to her neighbors. "It was a message to an ongoing dispute she was having with other homeowners on that same street," Perkins told WWL First News. Perkins says he informed Henderson that the display was in violation of obscenity laws and that it must come down, or else.
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And a Merry Christmas to all!
Monday, November 26, 2012
Backyard camping about to go legal in Superior - Boulder Daily Camera
Backyard camping about to go legal in Superior - Boulder Daily Camera:
Magley said the anti-camping language in the code evolved from the town's desire not to see itinerant housing popping up willy-nilly in residents' yards.
"We don't want someone renting out their backyard to someone to camp," he said. "But we also wouldn't want to prevent kids enjoying camping in their backyards over the weekend."
Ian Elverson, president of the 2,804-home Rock Creek Homeowners Association, said there are no official statistics on how many families in Superior engage in the time-honored practice of backyard camping. But he said there's been no shortage of anecdotal evidence that it happens on a regular basis.
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The town is out HOAing the HOA.
Magley said the anti-camping language in the code evolved from the town's desire not to see itinerant housing popping up willy-nilly in residents' yards.
"We don't want someone renting out their backyard to someone to camp," he said. "But we also wouldn't want to prevent kids enjoying camping in their backyards over the weekend."
Ian Elverson, president of the 2,804-home Rock Creek Homeowners Association, said there are no official statistics on how many families in Superior engage in the time-honored practice of backyard camping. But he said there's been no shortage of anecdotal evidence that it happens on a regular basis.
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The town is out HOAing the HOA.
Northwest Herald | Township road thieves: Letter to the editor
Northwest Herald | Township road thieves:
"Municipal and homeowners association property owners pay about 90 percent of the cost of maintaining township subdivision roads. Decade after decade, townships have filled their coffers at the expense of municipal and homeowners association taxpayers. Over the years, townships have benefited by millions of hard-earned tax dollars from these sources. Example: McHenry Township Road District revenue in 2011 was $2,924,321.77. Most of this amount was spent on township subdivision roads. Illinois township laws are unfair to McHenry County municipal taxpayers. Illinois township laws are unfair to McHenry County homeowners associations."
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As Fred Pilot would say, "so there!"
"Municipal and homeowners association property owners pay about 90 percent of the cost of maintaining township subdivision roads. Decade after decade, townships have filled their coffers at the expense of municipal and homeowners association taxpayers. Over the years, townships have benefited by millions of hard-earned tax dollars from these sources. Example: McHenry Township Road District revenue in 2011 was $2,924,321.77. Most of this amount was spent on township subdivision roads. Illinois township laws are unfair to McHenry County municipal taxpayers. Illinois township laws are unfair to McHenry County homeowners associations."
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As Fred Pilot would say, "so there!"
Homeowners in Katy neighborhood upset over vehicles towed from in front of their own homes | abc13.com
Homeowners in Katy neighborhood upset over vehicles towed from in front of their own homes | abc13.com: KATY, TX (KTRK) -- There's a battle brewing between homeowners and the association in charge of the neighborhood, all over where people are parking their cars.
Some homeowners in Katy are upset because they say their cars are being towed from in front of their own houses. The homeowners association says it's not where people are parking, but the way they are parking that's causing problems.
Sonia Azad will have more on this story this afternoon on ABC13 Eyewitness News.
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First come the tow trucks, then the TV news crews, followed by the lawyers. Good for the tow operators, good for TV news viewership and good for the CID bar. Privatopia. What a country!
Some homeowners in Katy are upset because they say their cars are being towed from in front of their own houses. The homeowners association says it's not where people are parking, but the way they are parking that's causing problems.
Sonia Azad will have more on this story this afternoon on ABC13 Eyewitness News.
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First come the tow trucks, then the TV news crews, followed by the lawyers. Good for the tow operators, good for TV news viewership and good for the CID bar. Privatopia. What a country!
Auxiliary players in Plymouth Hill Condo Association scheme plead guilty - The Times Herald
Auxiliary players in Plymouth Hill Condo Association scheme plead guilty - The Times Herald: COURTHOUSE — While they might have been on the sidelines — not quite in the spotlight like the scheme’s ringleaders — John Jurkofsky and Roosevelt Harris are doing time for their involvement in an operation that got them rich with other people’s money.
Last month, Jurkofsky and Harris pleaded guilty to theft by deception and criminal conspiracy in the case of the Plymouth Hill Condo Association, which resulted in the swindling of hundreds of thousands of dollars from condominium residents in the form of charging inflated prices for resident fees and contracted services.
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Most of the prosecutions of managers and board members to date have been for embezzlement, which is a relatively simple crime. People who have the right to touch the money decide to steal it. But the more sophisticated way to bilk CID residents is the "death of the thousand cuts" approach--set up a system of inflated or completely bogus charges that eventually add up to a fortune.
Last month, Jurkofsky and Harris pleaded guilty to theft by deception and criminal conspiracy in the case of the Plymouth Hill Condo Association, which resulted in the swindling of hundreds of thousands of dollars from condominium residents in the form of charging inflated prices for resident fees and contracted services.
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Most of the prosecutions of managers and board members to date have been for embezzlement, which is a relatively simple crime. People who have the right to touch the money decide to steal it. But the more sophisticated way to bilk CID residents is the "death of the thousand cuts" approach--set up a system of inflated or completely bogus charges that eventually add up to a fortune.
Courthouse News Service: Sex offender banned, sues condo association
Courthouse News Service:
AUSTIN (CN) - A sex offender sued his condo association for banning registered sex offenders from living there soon after he was released from prison. Theodore Whipple and his wife sued the Valley View Village Condominium Homeowners Association in Federal Court.
Whipple claims he was convicted of a sex offense 20 years ago and that he has lived with his wife at the condominium since 2008.
"On September 17, 2012, the husband was released from prison and returned to their condominium home after serving a 34-month sentence for failing to register correctly his residence in the sex offender registry," the complaint states.
"On September 18, 2012, the condominium association posted a notice on plaintiffs' door announcing for the first time that registered sex offenders are not allowed to live in the condominium."
Whipple says he is classified as a low-risk sex offender, and that Valley View has banned all registered sex offenders, regardless of their risk level.
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What limits should there be on the power of CIDs to exclude people?
AUSTIN (CN) - A sex offender sued his condo association for banning registered sex offenders from living there soon after he was released from prison. Theodore Whipple and his wife sued the Valley View Village Condominium Homeowners Association in Federal Court.
Whipple claims he was convicted of a sex offense 20 years ago and that he has lived with his wife at the condominium since 2008.
"On September 17, 2012, the husband was released from prison and returned to their condominium home after serving a 34-month sentence for failing to register correctly his residence in the sex offender registry," the complaint states.
"On September 18, 2012, the condominium association posted a notice on plaintiffs' door announcing for the first time that registered sex offenders are not allowed to live in the condominium."
Whipple says he is classified as a low-risk sex offender, and that Valley View has banned all registered sex offenders, regardless of their risk level.
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What limits should there be on the power of CIDs to exclude people?
Friday, November 23, 2012
Economists, Obama administration at odds over role of mortgage debt in recovery - The Washington Post
Economists, Obama administration at odds over role of mortgage debt in recovery - The Washington Post
“No one was in doubt that debt overhangs were an important problem,” Summers said recently at a conference. But despite exploring many proposals, the administration did not see a plan that did not have the potential to cause “effects worse than the cure,” he said, such as cratering the financial system by forcing banks to absorb huge losses.
At a more basic level, officials simply did not believe that a big program of debt forgiveness was a smart investment, costing hundreds of billions of dollars — money that it preferred to spend on a massive economic stimulus package that could much more quickly lift the economy. The administration also announced a more modest program designed to avert foreclosures by reducing mortgage payments but not the total debt balance.
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The underlying policy issue here is whether it's good policy and precedent to erase debt that fueled an asset bubble, in this case residential real estate. I don't believe it is. People all too easily forget the beating the economy takes when debt driven asset bubbles pop. The debt overhang is a harsh consequence but a necessary market object lesson for both lenders and borrowers.
“No one was in doubt that debt overhangs were an important problem,” Summers said recently at a conference. But despite exploring many proposals, the administration did not see a plan that did not have the potential to cause “effects worse than the cure,” he said, such as cratering the financial system by forcing banks to absorb huge losses.
At a more basic level, officials simply did not believe that a big program of debt forgiveness was a smart investment, costing hundreds of billions of dollars — money that it preferred to spend on a massive economic stimulus package that could much more quickly lift the economy. The administration also announced a more modest program designed to avert foreclosures by reducing mortgage payments but not the total debt balance.
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The underlying policy issue here is whether it's good policy and precedent to erase debt that fueled an asset bubble, in this case residential real estate. I don't believe it is. People all too easily forget the beating the economy takes when debt driven asset bubbles pop. The debt overhang is a harsh consequence but a necessary market object lesson for both lenders and borrowers.
Thursday, November 22, 2012
Wednesday, November 21, 2012
Decorated vet stands his ground in dispute over American flag
Decorated vet stands his ground in dispute over American flag: SEVIERVILLE (WATE) - The deadline has passed for a retired Army sergeant to remove the American flag and flag pole from his front yard at a Sevierville condominium community.
The sergeant, Homer Hampton, has refused to obey the association's order.
"Good Lord willing, it's going to stay up," said Hampton "As long as I'm living, I will fight this thing."
The deadline for Hampton to remove the flag pole and lights from in front of his condo unit has come and gone.
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HOA flag flap No. 436,860. And more bad press for Privatopia. Film at 10.
The sergeant, Homer Hampton, has refused to obey the association's order.
"Good Lord willing, it's going to stay up," said Hampton "As long as I'm living, I will fight this thing."
The deadline for Hampton to remove the flag pole and lights from in front of his condo unit has come and gone.
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HOA flag flap No. 436,860. And more bad press for Privatopia. Film at 10.
Saturday, November 17, 2012
Residential gun sales hot topic in Pleasant Hill - San Jose Mercury News
Residential gun sales hot topic in Pleasant Hill - San Jose Mercury News:
Whether Tedjakusuma keeps inventory at home is a major concern of residents who believe residential gun sales threaten public safety. The U.S. Department of Justice's Bureau of Justice Statistics recently reported that from 2005 to 2010, an estimated 172,000 guns per year were stolen during residential burglaries.
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Selling guns from a suburban home, using the internet--the American entrepreneurial spirit knows no limits.
Whether Tedjakusuma keeps inventory at home is a major concern of residents who believe residential gun sales threaten public safety. The U.S. Department of Justice's Bureau of Justice Statistics recently reported that from 2005 to 2010, an estimated 172,000 guns per year were stolen during residential burglaries.
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Selling guns from a suburban home, using the internet--the American entrepreneurial spirit knows no limits.
Class action lawsuit filed against some Arizona HOA's | azfamily.com Phoenix
Class action lawsuit filed against some Arizona HOA's | azfamily.com Phoenix:
Robert hired his own attorney, Roger Wood, who told 3 On Your Side that he's discovered thousands of liens and lawsuits that he claims were wrongfully filed against Arizona homeowners, like the Leathams.
As a result, Woods recently filed a class action lawsuit against AAM, claiming it, and 26 other management companies, violated fair debt collections practices by charging illegal and exorbitant collection fees.
“That act is set up to help consumers, to help people like my plaintiffs in this case to protect themselves from unjust, unlawful predatory collection practices,” Wood explained.
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This one should be worth watching.
Robert hired his own attorney, Roger Wood, who told 3 On Your Side that he's discovered thousands of liens and lawsuits that he claims were wrongfully filed against Arizona homeowners, like the Leathams.
As a result, Woods recently filed a class action lawsuit against AAM, claiming it, and 26 other management companies, violated fair debt collections practices by charging illegal and exorbitant collection fees.
“That act is set up to help consumers, to help people like my plaintiffs in this case to protect themselves from unjust, unlawful predatory collection practices,” Wood explained.
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This one should be worth watching.
Gov. Jerry Brown calls for greener world, jabs at GOP 'declinists' - San Jose Mercury News
Gov. Jerry Brown calls for greener world, jabs at GOP 'declinists' - San Jose Mercury News
He said he wouldn't say what party such "declinists" tend to associate with, but "I can tell you they're losing power from coast to coast," he said, earning applause from the audience. And those who hung the nickname "Governor Moonbeam" -- "not a term of endearment" -- on him during his earlier gubernatorial terms "aren't around anymore, but I am."
California on Wednesday launched its new system for limiting greenhouse gas emissions by putting a price on carbon, as the state's Air Resources Board began auctioning permits to create a marketplace for such emissions. Businesses must either cut their emissions or buy permits from other companies for each extra ton of pollution discharged each year.
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Thanks to Fred Pilot for this link. I think California's diverse economy will make a big comeback.
Students build forts to bring comfort to central Edmonton
Students build forts to bring comfort to central Edmonton: EDMONTON - Saying they want to inspire and spread the love, a group of architecture students is setting up an informal living room at various spots around central Edmonton. With used furniture and a tarp to block the wind, their “forts” will offer free hot chocolate and a casual place to socialize, starting Friday. The installation is meant to change to a physical space to encourage more social interaction between strangers on city streets, said Tara McCashin, a Dalhousie University student working at Manasc Isaac Architects Ltd.
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You can do this only if you call it art. If you call it home, you have to move.
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You can do this only if you call it art. If you call it home, you have to move.
Sunday, November 11, 2012
George Evan McKenzie
The photo on my Facebook badge on Veteran's Day (see below) was my father, George Evan McKenzie. He served in the US Navy in World War II. He was a disabled veteran who died of service-connected causes in 1985.
I would like to extend my thanks to all the veterans and service men and women who risk everything to protect us.
I would like to extend my thanks to all the veterans and service men and women who risk everything to protect us.
Actions of just a few don't diminish HOAs | Reno Gazette-Journal | rgj.com
Actions of just a few don't diminish HOAs | Reno Gazette-Journal | rgj.com
It is vital that any and all improprieties be exposed and dealt with by the proper authorities. It is also important not to assume that improprieties are common at HOAs in Nevada. One of the reasons these cases attract as much attention as they do is because they are the exception, not the norm.
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A bit of spin control by the Nevada CAI folks. A major criminal conspiracy to take over and corrupt HOAs. Lots of indictments, plea bargains and people turning up dead. Isolated incident No. 576,896. Nothing to to see here; please move along.
It is vital that any and all improprieties be exposed and dealt with by the proper authorities. It is also important not to assume that improprieties are common at HOAs in Nevada. One of the reasons these cases attract as much attention as they do is because they are the exception, not the norm.
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A bit of spin control by the Nevada CAI folks. A major criminal conspiracy to take over and corrupt HOAs. Lots of indictments, plea bargains and people turning up dead. Isolated incident No. 576,896. Nothing to to see here; please move along.
Saturday, November 10, 2012
Illinois Supreme Court to Consider Possible Limits on Homeowners Association Security | Sedgwick LLP - JDSupra
Illinois Supreme Court to Consider Possible Limits on Homeowners Association Security | Sedgwick LLP - JDSupra
The case is Poris v. Lake Holiday Property Owners Association. The big question: what powers do HOA security guards have to conduct traffic stops and detention for violation of an HOA speed limit? Did the detention constitute false imprisonment? The Illinois Supreme Court will decide. The appellate court opinion that is the basis of the appeal is here.
The case is Poris v. Lake Holiday Property Owners Association. The big question: what powers do HOA security guards have to conduct traffic stops and detention for violation of an HOA speed limit? Did the detention constitute false imprisonment? The Illinois Supreme Court will decide. The appellate court opinion that is the basis of the appeal is here.
Now that's geek chic! Tolkien superfan re-creates Bilbo Baggins' hobbit house out of 2,600 BALLOONS | Mail Online
Now that's geek chic! Tolkien superfan re-creates Bilbo Baggins' hobbit house out of 2,600 BALLOONS | Mail Online
Where do people get the time to do things like this? I'm lucky if I can find time to read a newspaper.
Where do people get the time to do things like this? I'm lucky if I can find time to read a newspaper.
Monday, November 05, 2012
Backyard battle over huge hole in Granbury | wfaa.com Dallas - Fort Worth
Backyard battle over huge hole in Granbury | wfaa.com Dallas - Fort Worth: GRANBURY — A walk through Sandi Wynne's backyard in Granbury reveals a big danger, and the battle brewing with her homeowners association.
"It's over 100 feet long," said Wynne as she pointed to the huge hole on her property. "It's about 30 feet wide."
Minor erosion grew into the massive problem after a small creek that ran next to Wynne's home turned into a raging river. It happened in January after several days of heavy rain.
"I went out there and the yard was gone," she said.
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Sounds like the opening scene from another X-Files episode set somewhere in Privatopia.
"It's over 100 feet long," said Wynne as she pointed to the huge hole on her property. "It's about 30 feet wide."
Minor erosion grew into the massive problem after a small creek that ran next to Wynne's home turned into a raging river. It happened in January after several days of heavy rain.
"I went out there and the yard was gone," she said.
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Sounds like the opening scene from another X-Files episode set somewhere in Privatopia.
Canada Post delivers mailbox fee to developers - The Globe and Mail
Canada Post delivers mailbox fee to developers - The Globe and Mail: Ron Olson, president of the Canadian Home Builders’ Association, said builders and developers across the country were “blindsided” by the move and will fight it.
Mr. Olson said that the cost will definitely be passed on to home buyers. “Why should new homeowners pay that kind of cost when other people who are receiving mail right to their door have none?” he said. “They’re charging them for substandard service.”
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A perfect excuse to form a homeowners association, eh?
Mr. Olson said that the cost will definitely be passed on to home buyers. “Why should new homeowners pay that kind of cost when other people who are receiving mail right to their door have none?” he said. “They’re charging them for substandard service.”
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A perfect excuse to form a homeowners association, eh?
Fearing unrest, Woodstock community locking gates after election - Atlanta News, Weather, Traffic, and Sports | FOX 5
Fearing unrest, Woodstock community locking gates after election - Atlanta News, Weather, Traffic, and Sports | FOX 5: WOODSTOCK, Ga. -
Fearing chaos depending on the outcome of the election, a community in Woodstock is taking steps to protect themselves. The homeowners association president of Cottages of Woodstock sent an email to the residents saying all gates will be closed 24/7 starting on Tuesday night.
Some residents in the community for people 55 and over told FOX 5 that they were surprised by the actions of HOA president Bill Stanley.
Hilda Wiggs said she was taken aback when she saw the email from Stanley saying "in light of the contentious nature of the upcoming election, and some of the rhetoric indicating possible civil unrest, I have decided to close the community gates 24/7.
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A bit off the deep end, wouldn't you agree?
Fearing chaos depending on the outcome of the election, a community in Woodstock is taking steps to protect themselves. The homeowners association president of Cottages of Woodstock sent an email to the residents saying all gates will be closed 24/7 starting on Tuesday night.
Some residents in the community for people 55 and over told FOX 5 that they were surprised by the actions of HOA president Bill Stanley.
Hilda Wiggs said she was taken aback when she saw the email from Stanley saying "in light of the contentious nature of the upcoming election, and some of the rhetoric indicating possible civil unrest, I have decided to close the community gates 24/7.
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A bit off the deep end, wouldn't you agree?
Prosecutors to seek death penalty for HOA shooter | Metro Louisville - WLKY Home
Prosecutors to seek death penalty for HOA shooter | Metro Louisville - WLKY Home:
Mahmoud Yousef Hindi, a former physician, is facing two counts of murder and seven counts of wanton endangerment in the shootings at an eastern Louisville church. Prosecutors will seek execution if Hindi is convicted on the murder charges. Hindi, 55, told police he was frustrated over battles with the association and went to the Sept. 6 meeting with a loaded gun. Police say he shot 73-year-old David Merritt and 69-year-old Marvin Fisher, two association members.
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Thanks to Fred Pilot for this link to the latest development in this case.
Mahmoud Yousef Hindi, a former physician, is facing two counts of murder and seven counts of wanton endangerment in the shootings at an eastern Louisville church. Prosecutors will seek execution if Hindi is convicted on the murder charges. Hindi, 55, told police he was frustrated over battles with the association and went to the Sept. 6 meeting with a loaded gun. Police say he shot 73-year-old David Merritt and 69-year-old Marvin Fisher, two association members.
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Thanks to Fred Pilot for this link to the latest development in this case.
Sunday, November 04, 2012
Homeowner says HOA took down her political sign | News - Home
Homeowner says HOA took down her political sign | News - Home
A Colorado Springs resident says a member of her homeowners association took down a political sign she made because of the sign's political affiliation.
Dianne Soto made a sign supporting President Barack Obama. She said it has either been taken down, or attempted to be taken down several times. One of the people she saw tearing down the sign told her he was a board member of her HOA.
"He said that he was from Warren Management, which is our property management company for the HOA, and that he was within his rights to take it down," Soto said.
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Yet another election season political sign set to in Privatopia. Film at 10.
A Colorado Springs resident says a member of her homeowners association took down a political sign she made because of the sign's political affiliation.
Dianne Soto made a sign supporting President Barack Obama. She said it has either been taken down, or attempted to be taken down several times. One of the people she saw tearing down the sign told her he was a board member of her HOA.
"He said that he was from Warren Management, which is our property management company for the HOA, and that he was within his rights to take it down," Soto said.
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Yet another election season political sign set to in Privatopia. Film at 10.
Saturday, November 03, 2012
Romney Wants to Privatize Disaster Relief
Romney Wants to Privatize Disaster Relief
According to Bill Black, who teaches economics at the University of Missouri and is a former federal regulator. Thanks to Matt Bowler of the San Diego Union-Tribune for the link.
According to Bill Black, who teaches economics at the University of Missouri and is a former federal regulator. Thanks to Matt Bowler of the San Diego Union-Tribune for the link.
Thursday, November 01, 2012
Neighborhood says 'no' to political signs | WCNC.com Charlotte
Neighborhood says 'no' to political signs | WCNC.com Charlotte: HUNTERSVILLE, N.C. -- The Carrington Ridge neighborhood in Huntersville does not allow political signs to be placed in front yards. Still, there are some homeowners who still do it.
Bena, who asked us not to use her last name, said she didn't know about that rule until the Home Owners Association sent her a letter Monday telling her to remove the Obama/Biden sign from her yard.
"As soon as I checked the mail, I drove around the circle, right by the HOA President's house and there was his Romney-Ryan sign in his yard," Bena said.
She showed NBC Charlotte a photo she snapped during Trick or Treating on Halloween night that showed the sign still up at the HOA President's house.
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The double standard lives on in Privatopia.
Bena, who asked us not to use her last name, said she didn't know about that rule until the Home Owners Association sent her a letter Monday telling her to remove the Obama/Biden sign from her yard.
"As soon as I checked the mail, I drove around the circle, right by the HOA President's house and there was his Romney-Ryan sign in his yard," Bena said.
She showed NBC Charlotte a photo she snapped during Trick or Treating on Halloween night that showed the sign still up at the HOA President's house.
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The double standard lives on in Privatopia.
Wednesday, October 31, 2012
BBC News - Europe's oldest prehistoric town unearthed in Bulgaria
BBC News - Europe's oldest prehistoric town unearthed in Bulgaria:
Archaeologists in Bulgaria say they have uncovered the oldest prehistoric town found to date in Europe. The walled fortified settlement, near the modern town of Provadia, is thought to have been an important centre for salt production. Its discovery in north-east Bulgaria may explain the huge gold hoard found nearby 40 years ago. Archaeologists believe that the town was home to some 350 people and dates back to between 4700 and 4200 BC.
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Archaeologists in Bulgaria say they have uncovered the oldest prehistoric town found to date in Europe. The walled fortified settlement, near the modern town of Provadia, is thought to have been an important centre for salt production. Its discovery in north-east Bulgaria may explain the huge gold hoard found nearby 40 years ago. Archaeologists believe that the town was home to some 350 people and dates back to between 4700 and 4200 BC.
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Police allowed to install cameras on private property without warrant | Ars Technica
Police allowed to install cameras on private property without warrant | Ars Technica:
"A federal judge has ruled that police officers in Wisconsin did not violate the Fourth Amendment when they secretly installed cameras on private property without judicial approval. The officers installed the cameras in an open field where they suspected the defendants, Manuel Mendoza and Marco Magana, were growing marijuana. The police eventually obtained a search warrant, but not until after some potentially incriminating images were captured by the cameras. The defendants have asked the judge to suppress all images collected prior to the issuance of the search warrant."
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Interesting ruling. Warrantless surveillance cameras on private property don't violate the 4th amendment? It appears that the defendants did not offer any evidence in their motion proving that they own or lease the property. However, they posted it as if they did: "The property in question was heavily wooded, with a locked gate and "no trespassing" signs to notify strangers that they were unwelcome. But the judges found that this did not establish the "reasonable expectation of privacy" required for Fourth Amendment protection. In their view, such a rule would mean that (in the words of a key 1984 Supreme Court precedent) "police officers would have to guess before every search whether landowners had erected fences sufficiently high, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy."
"A federal judge has ruled that police officers in Wisconsin did not violate the Fourth Amendment when they secretly installed cameras on private property without judicial approval. The officers installed the cameras in an open field where they suspected the defendants, Manuel Mendoza and Marco Magana, were growing marijuana. The police eventually obtained a search warrant, but not until after some potentially incriminating images were captured by the cameras. The defendants have asked the judge to suppress all images collected prior to the issuance of the search warrant."
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Interesting ruling. Warrantless surveillance cameras on private property don't violate the 4th amendment? It appears that the defendants did not offer any evidence in their motion proving that they own or lease the property. However, they posted it as if they did: "The property in question was heavily wooded, with a locked gate and "no trespassing" signs to notify strangers that they were unwelcome. But the judges found that this did not establish the "reasonable expectation of privacy" required for Fourth Amendment protection. In their view, such a rule would mean that (in the words of a key 1984 Supreme Court precedent) "police officers would have to guess before every search whether landowners had erected fences sufficiently high, posted a sufficient number of warning signs, or located contraband in an area sufficiently secluded to establish a right of privacy."
Sunday, October 28, 2012
9-year-old boy’s fort causes a stir with the neighbors | www.statesman.com
9-year-old boy’s fort causes a stir with the neighbors | www.statesman.com: Nicholas Aarsvold, 9, does what little boys do: Play in the woods, throw rocks in the creek and build stuff.
However, his latest creation, a small “fort” nestled between two nandina shrubs in front of his Northwest Hills townhome, is causing a stir with some neighbors who believe it’s unsightly.
Nicholas’s fort violates the architectural rules set by the Summerwood Homeowners Association, said Stan Scheiber, the managing agent for the community of 136 townhomes near Steck Avenue, west of MoPac Boulevard. On Thursday, the association’s board of directors voted to send Ramona Aarsvold, the boy’s mother, a letter giving her 10 days to take the structure down.
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Recently a girl's pink playhouse caused a ruckus in Privatopia. Now it's a little boy's play fortress. More bad press for Privatopia. Film at 10.
However, his latest creation, a small “fort” nestled between two nandina shrubs in front of his Northwest Hills townhome, is causing a stir with some neighbors who believe it’s unsightly.
Nicholas’s fort violates the architectural rules set by the Summerwood Homeowners Association, said Stan Scheiber, the managing agent for the community of 136 townhomes near Steck Avenue, west of MoPac Boulevard. On Thursday, the association’s board of directors voted to send Ramona Aarsvold, the boy’s mother, a letter giving her 10 days to take the structure down.
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Recently a girl's pink playhouse caused a ruckus in Privatopia. Now it's a little boy's play fortress. More bad press for Privatopia. Film at 10.
Report Labels Indiana Toll Road an Intergenerational Cash Transfer
Report Labels Indiana Toll Road an Intergenerational Cash Transfer:
A College of William and Mary professor believes the toll road public-private partnerships currently in vogue among transportation bureaucrats may end up costing the public a great deal of money in the long run. John B. Gilmour makes the case in the journal Public Administration Review, using the Indiana Toll Road as an example.
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Yet more evidence that state and local governments need to be a whole lot more careful about privatization than they have been to date. The short term benefits, if any, may end up being outweighed by the long term costs.
A College of William and Mary professor believes the toll road public-private partnerships currently in vogue among transportation bureaucrats may end up costing the public a great deal of money in the long run. John B. Gilmour makes the case in the journal Public Administration Review, using the Indiana Toll Road as an example.
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Yet more evidence that state and local governments need to be a whole lot more careful about privatization than they have been to date. The short term benefits, if any, may end up being outweighed by the long term costs.
Condos now missing $1 million in accounting scandal - Connecticut Post
Condos now missing $1 million in accounting scandal - Connecticut Post:
A Westport property management firm is facing more legal trouble in a widening accounting scandal and from fallout from a string of thefts at a Greenwich apartment complex.
This week, Community Association Underwriters of America Inc. filed a lawsuit against Consolidated Management Group, of Westport, and its former controller in an attempt to recover more than $1 million missing from the bank accounts of eight condominium associations that Consolidated manages.
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All these reports, and there are too many to even keep track of these days, demonstrate that people who own units in associations have to watch their BOD and property management firm very closely; that there is a need for governmental oversight of association finances; and that this form of privatization is in need of some serious study.
A Westport property management firm is facing more legal trouble in a widening accounting scandal and from fallout from a string of thefts at a Greenwich apartment complex.
This week, Community Association Underwriters of America Inc. filed a lawsuit against Consolidated Management Group, of Westport, and its former controller in an attempt to recover more than $1 million missing from the bank accounts of eight condominium associations that Consolidated manages.
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All these reports, and there are too many to even keep track of these days, demonstrate that people who own units in associations have to watch their BOD and property management firm very closely; that there is a need for governmental oversight of association finances; and that this form of privatization is in need of some serious study.
unique urban planning in denmark | one big photo
unique urban planning in denmark | one big photo
Fascinating design--thanks to Tom Besore for the link.
Fascinating design--thanks to Tom Besore for the link.
Condo association denies plagiarism, says MCO history 'not copyrighted' - Loop North News
Condo association denies plagiarism, says MCO history 'not copyrighted' - Loop North News:
Despite word-for-word duplication of two paragraphs from Marina City Online’s comprehensive history of Marina City to a 32-page soft-cover book recently published by Marina Towers Condominium Association, the condo association at Marina City denied wrongdoing late last week, claiming “MCO has not copyrighted” any of its text.
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This is an interesting situation. I don't know what happened in Marina City, but as a university professor who reads student work all the time, I have noticed that there is far more plagiarism than there was in the past, and at the same time there is an increasing sense among the people who do it that there is nothing wrong with it. When I point out to a student that they have cut and pasted language directly from a US Supreme Court opinion into their student brief, with no attribution or quotation marks, they seem baffled to hear that this is plagiarism. They think they did nothing wrong and that I am being picky and petty when I call them on it. Why? I blame the ubiquity of the internet and the effortlessness that search engines like Google have introduced into the process of creating documents--which many people think is the same thing as writing. I think it has become so easy to cut and paste text from online sources directly into documents that it seems normal and natural to many people. They think they are writing when all they are doing is cutting and pasting. The definition of "writing" seems to have gone through some Borg-like cultural metamorphosis in which authorship has been assimilated into the internet. But the definition of plagiarism hasn't changed, and in fact it is also easier to catch it now. So far, resistance is not futile.
Despite word-for-word duplication of two paragraphs from Marina City Online’s comprehensive history of Marina City to a 32-page soft-cover book recently published by Marina Towers Condominium Association, the condo association at Marina City denied wrongdoing late last week, claiming “MCO has not copyrighted” any of its text.
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This is an interesting situation. I don't know what happened in Marina City, but as a university professor who reads student work all the time, I have noticed that there is far more plagiarism than there was in the past, and at the same time there is an increasing sense among the people who do it that there is nothing wrong with it. When I point out to a student that they have cut and pasted language directly from a US Supreme Court opinion into their student brief, with no attribution or quotation marks, they seem baffled to hear that this is plagiarism. They think they did nothing wrong and that I am being picky and petty when I call them on it. Why? I blame the ubiquity of the internet and the effortlessness that search engines like Google have introduced into the process of creating documents--which many people think is the same thing as writing. I think it has become so easy to cut and paste text from online sources directly into documents that it seems normal and natural to many people. They think they are writing when all they are doing is cutting and pasting. The definition of "writing" seems to have gone through some Borg-like cultural metamorphosis in which authorship has been assimilated into the internet. But the definition of plagiarism hasn't changed, and in fact it is also easier to catch it now. So far, resistance is not futile.
Kansas City man lands in big house for embezzling from homeowners associations - Kansas City Business Journal
Kansas City man lands in big house for embezzling from homeowners associations - Kansas City Business Journal:
Dale Palmer, who owned Kansas City-based Home Owner Association Services, was sentenced to nearly four years in federal prison for embezzling from dozens of homeowners associations.
Palmer, 54, of Kansas City, faces 46 months without parole and an $825,937 restitution order. He pleaded guilty to mail fraud in February.
According to prosecutors, Palmer embezzled more than $750,000 from homeowners associations in Missouri, Kansas, Wisconsin and Illinois while he ran the property and account management service from July 2009 to March 2011.
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More embezzlement. And yet the industry keeps right on claiming that no governmental oversight is needed.
Dale Palmer, who owned Kansas City-based Home Owner Association Services, was sentenced to nearly four years in federal prison for embezzling from dozens of homeowners associations.
Palmer, 54, of Kansas City, faces 46 months without parole and an $825,937 restitution order. He pleaded guilty to mail fraud in February.
According to prosecutors, Palmer embezzled more than $750,000 from homeowners associations in Missouri, Kansas, Wisconsin and Illinois while he ran the property and account management service from July 2009 to March 2011.
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More embezzlement. And yet the industry keeps right on claiming that no governmental oversight is needed.
Saturday, October 27, 2012
Wednesday, October 24, 2012
Boonsboro, MD, woman sentenced for stealing HOA funds
Local News - AM 930 WFMD Online:
A woman who stole more than $137,000 from the Ballenger Creek Meadows Homeowners Association learned her fate on Tuesday. In Frederick County Circuit Court, Judge Ed Dwyer sentenced Nancy Walker, 63, to 15 years in jail, with all but 18-months suspended.
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There have been so many of these HOA/condo embezzlement cases in recent years that I have lost count. This one features an unusual claim: she says she needed the money for what looks like one of those Nigerian 419 scams. If this story is true (and it appears to be), it underscores the central problem at the core of this institution: great responsibilities are placed in the hands of people who too often are unqualified (intellectually, morally, or in some other way) to do what is expected of them. Imagine having your money controlled by somebody who would fall for this:
"As the investigation continued, according to the facts of the case, detectives contacted Walker, who said in April, 2011, she met a man on the Internet named David Mancini from West Virginia. She never met him in person but spoke with him over the phone. Authorities say Mancini told her that he was in a South African hospital, and needed money for medical expenses. She provided him with $50,000 from her own funds, and borrowed $30,000 from her sister. In November, 2011, Mancini contacted her and said he needed money to get out of jail in South Africa. Throughout this whole period, Mancini promised he would pay her back...Investigators told Walker that the man they spoke with was an African male, not a Caucasian as the picture she had of him indicated. "She had been tricked," according to the facts of the case."
A woman who stole more than $137,000 from the Ballenger Creek Meadows Homeowners Association learned her fate on Tuesday. In Frederick County Circuit Court, Judge Ed Dwyer sentenced Nancy Walker, 63, to 15 years in jail, with all but 18-months suspended.
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There have been so many of these HOA/condo embezzlement cases in recent years that I have lost count. This one features an unusual claim: she says she needed the money for what looks like one of those Nigerian 419 scams. If this story is true (and it appears to be), it underscores the central problem at the core of this institution: great responsibilities are placed in the hands of people who too often are unqualified (intellectually, morally, or in some other way) to do what is expected of them. Imagine having your money controlled by somebody who would fall for this:
"As the investigation continued, according to the facts of the case, detectives contacted Walker, who said in April, 2011, she met a man on the Internet named David Mancini from West Virginia. She never met him in person but spoke with him over the phone. Authorities say Mancini told her that he was in a South African hospital, and needed money for medical expenses. She provided him with $50,000 from her own funds, and borrowed $30,000 from her sister. In November, 2011, Mancini contacted her and said he needed money to get out of jail in South Africa. Throughout this whole period, Mancini promised he would pay her back...Investigators told Walker that the man they spoke with was an African male, not a Caucasian as the picture she had of him indicated. "She had been tricked," according to the facts of the case."
At Least 17 Waterville Valley Condo Groups Missing Funds | LoanSafe
At Least 17 Waterville Valley Condo Groups Missing Funds | LoanSafe: (Source: By Dave Solomon, The New Hampshire Union Leader, Manchester (MCT) WATERVILLE VALLEY —
At least 17 different condominium associations in the Waterville Valley area reported missing funds to local police last week, triggering a weekend search of the condo management company offices and an investigation that is likely to be turned over to the county attorney or attorney general for prosecution.
Waterville Valley Chief of Police David C. Noyes said the amount reported missing is “at least” in the tens of thousands of dollars. A search warrant was executed Saturday and Sunday, he said, at the offices of Stone Property Management, 35 Tecumseh Road.
“They do business with 28 different associations in town,” Noyes said. “Seventeen have come forward so far and made complaints.”
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Oops. Yet another one of those isolated instances. Nothing to see here--move along.
At least 17 different condominium associations in the Waterville Valley area reported missing funds to local police last week, triggering a weekend search of the condo management company offices and an investigation that is likely to be turned over to the county attorney or attorney general for prosecution.
Waterville Valley Chief of Police David C. Noyes said the amount reported missing is “at least” in the tens of thousands of dollars. A search warrant was executed Saturday and Sunday, he said, at the offices of Stone Property Management, 35 Tecumseh Road.
“They do business with 28 different associations in town,” Noyes said. “Seventeen have come forward so far and made complaints.”
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Oops. Yet another one of those isolated instances. Nothing to see here--move along.
Tuesday, October 23, 2012
'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network
'Party Rock Anthem' Halloween house shut down by HOA | MNN - Mother Nature Network:
"Late last week, it occurred to me that Kevin Judd, the mastermind behind a series of absolutely bananas synchronized light shows at/on his Riverside, Calif. home over the past several years, has been awfully quiet as of late."
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Guess why? His HOA.
"Late last week, it occurred to me that Kevin Judd, the mastermind behind a series of absolutely bananas synchronized light shows at/on his Riverside, Calif. home over the past several years, has been awfully quiet as of late."
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Guess why? His HOA.
Monday, October 22, 2012
HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC
HOA fee issue likely headed back to Nevada Supreme Court - VEGAS INC
This is from October 9. It seems that the legal challenges to HOA fees and fines has been underway for some time. Investor owners (and now the Bank of America) are challenging the practices that lawyers for HOAs and condo associations have been using agains individual owners, who are unable to fight back properly. Reporter Steve Green has been writing about it on Vegas, Inc.:
"The investors, represented by Las Vegas attorneys James Adams and Puoy Premsrirut, in recent years have sued hundreds of Nevada HOAs and their collection agencies in state and federal court and before the state Real Estate Division. The investors’ attorneys claim HOAs and their collection agencies regularly file inflated liens against foreclosed homes to recover not just excessive past-due monthly HOA assessments that accumulate while the homes sit vacant, but unauthorized collection costs for those assessments as well. The liens must be paid off for the investors and other buyers to obtain titles to the homes. The investors claim state law and sometimes HOA governing documents limit the liens to an amount equaling six or nine months of assessments depending on the circumstances."
This is from October 9. It seems that the legal challenges to HOA fees and fines has been underway for some time. Investor owners (and now the Bank of America) are challenging the practices that lawyers for HOAs and condo associations have been using agains individual owners, who are unable to fight back properly. Reporter Steve Green has been writing about it on Vegas, Inc.:
"The investors, represented by Las Vegas attorneys James Adams and Puoy Premsrirut, in recent years have sued hundreds of Nevada HOAs and their collection agencies in state and federal court and before the state Real Estate Division. The investors’ attorneys claim HOAs and their collection agencies regularly file inflated liens against foreclosed homes to recover not just excessive past-due monthly HOA assessments that accumulate while the homes sit vacant, but unauthorized collection costs for those assessments as well. The liens must be paid off for the investors and other buyers to obtain titles to the homes. The investors claim state law and sometimes HOA governing documents limit the liens to an amount equaling six or nine months of assessments depending on the circumstances."
B of A sues 28 Nevada HOAs, collection agencies in lien dispute - VEGAS INC
B of A sues 28 Nevada HOAs, collection agencies in lien dispute - VEGAS INC
Here's another story on what could be a blockbuster lawsuit filed by Bank of America against 28 HOAs and other defendants. I am looking for a copy of the complaint.
"The bank filed suit Tuesday in Clark County District Court charging that state law limits the ''super-priority" first-position liens that HOAs can place against homes to an amount equal to nine months of HOA assessments -- but that the HOAs are "improperly'' filing liens demanding payment of attorney's fees and collection costs on top of that.These liens typically cover unpaid HOA assessments that accumulate while homes in foreclosure sit vacant, as well as costs to collect those unpaid bills. Charges that the HOAs and their bill collectors have been inflating the liens are pending in numerous lawsuits, with many attorneys expecting the Nevada Supreme Court or the Legislature to ultimately decide what limits should be placed on the liens..."The court should issue a judicial declaration establishing an association's super-priority lien does not include attorney's fees or collection costs. Under the plain language of (state law), only nine months of regular, budgeted common assessments are included in the super-priority amount," the suit says."
Here's another story on what could be a blockbuster lawsuit filed by Bank of America against 28 HOAs and other defendants. I am looking for a copy of the complaint.
"The bank filed suit Tuesday in Clark County District Court charging that state law limits the ''super-priority" first-position liens that HOAs can place against homes to an amount equal to nine months of HOA assessments -- but that the HOAs are "improperly'' filing liens demanding payment of attorney's fees and collection costs on top of that.These liens typically cover unpaid HOA assessments that accumulate while homes in foreclosure sit vacant, as well as costs to collect those unpaid bills. Charges that the HOAs and their bill collectors have been inflating the liens are pending in numerous lawsuits, with many attorneys expecting the Nevada Supreme Court or the Legislature to ultimately decide what limits should be placed on the liens..."The court should issue a judicial declaration establishing an association's super-priority lien does not include attorney's fees or collection costs. Under the plain language of (state law), only nine months of regular, budgeted common assessments are included in the super-priority amount," the suit says."
Bank of America sues Nevada homeowner associations over excessive fees and fines - www.ktnv.com
Bank of America sues Nevada homeowner associations - www.ktnv.com:
A North Las Vegas home that Realtor Ryan Melvin has been trying to short sell is a prime example of why Bank of America is suing HOAs across Nevada.
"This has the collection fees of almost $1500. The violations and fines of $14,500."
Almost $16,500. Mostly for fines over weeds, trash, and pine needles. All at a home that Melvin's clients moved out of and were trying to short sell with B of A.
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Activists have been screaming about bogus fees and fines for decades, but they don't have the means to go to war over it. But now the nation's largest banks are major owners of HOA/condo units. That means the lawyers and managers who have been the real powers in privatopia suddenly have to go up against the big dogs in the meat locker, instead of individual owners who can't afford a lawyer. And that could lead to some major changes in the way associations do business.
Thanks to Rodney Gray for publicizing this story.
A North Las Vegas home that Realtor Ryan Melvin has been trying to short sell is a prime example of why Bank of America is suing HOAs across Nevada.
"This has the collection fees of almost $1500. The violations and fines of $14,500."
Almost $16,500. Mostly for fines over weeds, trash, and pine needles. All at a home that Melvin's clients moved out of and were trying to short sell with B of A.
------------
Activists have been screaming about bogus fees and fines for decades, but they don't have the means to go to war over it. But now the nation's largest banks are major owners of HOA/condo units. That means the lawyers and managers who have been the real powers in privatopia suddenly have to go up against the big dogs in the meat locker, instead of individual owners who can't afford a lawyer. And that could lead to some major changes in the way associations do business.
Thanks to Rodney Gray for publicizing this story.
Sunday, October 21, 2012
Suspect in Ky. HOA shooting: 'I had to kill them' - SFGate
Suspect in Ky. HOA shooting: 'I had to kill them' - SFGate:
That evening, Hindi said, he took a loaded gun and spare bullets to the meeting, but didn't shoot anyone immediately because he was waiting for an opportunity to address his issues with the homeowners' association.
Hindi said he felt ignored for about 30 minutes and wasn't given a chance to speak, so he took the gun from his brief case and set it in his lap.
"I stood up and shot Mr. Merritt that way. He was sitting," Hindi said. "And, then ... I turned to Mr. Fisher and shot him also. This is exactly what I had in mind ... If they were not going to talk like human beings, I was going to shoot them."
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And now the prosecutors are deciding whether to seek the death penalty for what Hindi admits was a premeditated murder of two people. Despite the fact that he has given a detailed confession, it is highly unlikely that he will be executed. Only one person has been involuntarily executed in Kentucky since the death penalty was reinstated in 1976. The other two people who were executed volunteered to be put to death.
That evening, Hindi said, he took a loaded gun and spare bullets to the meeting, but didn't shoot anyone immediately because he was waiting for an opportunity to address his issues with the homeowners' association.
Hindi said he felt ignored for about 30 minutes and wasn't given a chance to speak, so he took the gun from his brief case and set it in his lap.
"I stood up and shot Mr. Merritt that way. He was sitting," Hindi said. "And, then ... I turned to Mr. Fisher and shot him also. This is exactly what I had in mind ... If they were not going to talk like human beings, I was going to shoot them."
----------------
And now the prosecutors are deciding whether to seek the death penalty for what Hindi admits was a premeditated murder of two people. Despite the fact that he has given a detailed confession, it is highly unlikely that he will be executed. Only one person has been involuntarily executed in Kentucky since the death penalty was reinstated in 1976. The other two people who were executed volunteered to be put to death.
Saturday, October 20, 2012
Apollo Beach man fatally shot in confrontation often riled neighbors - Tampa Bay Times
Apollo Beach man fatally shot in confrontation often riled neighbors - Tampa Bay Times
According to the court filing, Gallik wore a sign around his neck that read, "Death to Southshore Falls." He bathed outside, ran a generator, hung wet clothes in the front yard, solicited donations of food from neighbors and threatened a neighbor to get electricity for his computer, records show.
The filing also paints a tense picture of Gallik's relationship with his neighbors.
He threatened them, posted "foul and offensive" signs, allowed his dog to defecate on the street and verbally abused neighbors to the point that they called the sheriff's office.
In the filing, the association sought to make Gallik comply with HOA rules and pay fees to bring his home up to code.
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Another fatal shooting in Privatopia involving an HOA resident at odds with the HOA.
According to the court filing, Gallik wore a sign around his neck that read, "Death to Southshore Falls." He bathed outside, ran a generator, hung wet clothes in the front yard, solicited donations of food from neighbors and threatened a neighbor to get electricity for his computer, records show.
The filing also paints a tense picture of Gallik's relationship with his neighbors.
He threatened them, posted "foul and offensive" signs, allowed his dog to defecate on the street and verbally abused neighbors to the point that they called the sheriff's office.
In the filing, the association sought to make Gallik comply with HOA rules and pay fees to bring his home up to code.
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Another fatal shooting in Privatopia involving an HOA resident at odds with the HOA.
Wednesday, October 17, 2012
California city bans smoking in multi-family homes | Reuters
California city bans smoking in multi-family homes | Reuters:
A San Francisco suburb on Monday banned smoking in duplexes, condominiums and other multi-family homes, with city leaders saying they hoped to lead a wave of such regulations across California and ultimately the country.
The City Council in San Rafael, a community of 57,000 people about 15 miles north of San Francisco, voted unanimously for the ban, following a handful of other California municipalities that have outlawed smoking in buildings with as few as two units.
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Thanks to Mystery Reader for this link. Lawsuits over infiltration of second hand smoke from one unit into others are becoming common. Then came condo and apartment rules banning smoking, and now municipal ordinances.
A San Francisco suburb on Monday banned smoking in duplexes, condominiums and other multi-family homes, with city leaders saying they hoped to lead a wave of such regulations across California and ultimately the country.
The City Council in San Rafael, a community of 57,000 people about 15 miles north of San Francisco, voted unanimously for the ban, following a handful of other California municipalities that have outlawed smoking in buildings with as few as two units.
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Thanks to Mystery Reader for this link. Lawsuits over infiltration of second hand smoke from one unit into others are becoming common. Then came condo and apartment rules banning smoking, and now municipal ordinances.
Monday, October 15, 2012
Pink Playhouse Owner Ecstatic after Learning Lawsuit was Dismissed | NBC Augusta 26
Pink Playhouse Owner Ecstatic after Learning Lawsuit was Dismissed | NBC Augusta 26: COLUMBIA COUNTY, Ga. --
It's a lawsuit that received national attention after our first story aired.
A grandmother was being sued by her neighborhood Homeowners Association over the color of her granddaughter's playhouse.
The HOA said it was an out building and she had to have permission.
Becky Rogers Peck tells us she was excited and shocked to find out the lawsuit had been dismissed and one of the first things she did was tell her grand-daughter Aubree.
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Pink prevails in this privatopian enclave.
A grandmother was being sued by her neighborhood Homeowners Association over the color of her granddaughter's playhouse.
The HOA said it was an out building and she had to have permission.
Becky Rogers Peck tells us she was excited and shocked to find out the lawsuit had been dismissed and one of the first things she did was tell her grand-daughter Aubree.
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Pink prevails in this privatopian enclave.
HOA battle: Pine Village North homeowner's association fight moves to downtown Houston courthouse | abc13.com
HOA battle: Pine Village North homeowner's association fight moves to downtown Houston courthouse | abc13.com: HOUSTON (KTRK) -- A group of neighbors is taking their homeowner's association to court. They say residents are paying up but not seeing results, and now they want to know what happened to hundreds of thousands of dollars.
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Trouble in Privatopia. Film at 10.
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Trouble in Privatopia. Film at 10.
Fed actions to reduce mortgage rates may be helping banks more than borrowers
http://www.washingtonpost.com/business/economy/booming-banks-say-consumers-may-not-see-lower-mortgage-rates/2012/10/12/21b86456-1473-11e2-bf18-a8a596df4bee_story.html?socialreader_check=0&denied=1
JPMorgan Chase and Wells Fargo, the nation’s largest mortgage lenders, said Friday they won’t make home loans much cheaper for consumers, even as they reported booming profits from that business.
Those bottom lines have been padded by federal initiatives to stimulate the economy. The Federal Reserve is spending $40 billion a month to reduce mortgage rates to encourage Americans to buy homes. Instead, its policies may be generating more benefits for banks than borrowers...The reason why mortgage bankers are seeing so much green is that the gap has widened between what banks charge a homeowner in interest rates and what they must pay those who finance mortgage lending. The latter has dropped significantly, largely as a result of the Fed’s actions, analysts said.
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Take, take, take. And after all this kid glove treatment, all they do is complain about over-regulation.
JPMorgan Chase and Wells Fargo, the nation’s largest mortgage lenders, said Friday they won’t make home loans much cheaper for consumers, even as they reported booming profits from that business.
Those bottom lines have been padded by federal initiatives to stimulate the economy. The Federal Reserve is spending $40 billion a month to reduce mortgage rates to encourage Americans to buy homes. Instead, its policies may be generating more benefits for banks than borrowers...The reason why mortgage bankers are seeing so much green is that the gap has widened between what banks charge a homeowner in interest rates and what they must pay those who finance mortgage lending. The latter has dropped significantly, largely as a result of the Fed’s actions, analysts said.
-----------------------------------
Take, take, take. And after all this kid glove treatment, all they do is complain about over-regulation.
Sunday, October 14, 2012
New Fannie Mae rules make it tougher to qualify for mortgage - Chicago Tribune
Andrew J. Wilson, Fannie Mae's
director
of media and external relations, explained some of the changes:
of media and external relations, explained some of the changes:Q: What's happening for condo buyers?
A: We're bringing out a new version of our automated underwriting system, called Desktop Underwriter. These rules apply to lenders who use that system to qualify borrowers for loans under Fannie Mae guidelines. Currently, if you're buying a condo with less than 10 percent down, you'll have to fill out a questionnaire about the homeowners association's financials and provide information about its reserves. In the new rules, you'll have to do this if you're putting less than 20 percent down.
Q: What's Fannie Mae looking for from the homeowners association (HOA)?
A: It's asking these things to have greater confidence in the stability of the homeowners association. The lender would be expected to review the (HOA's) budget, including individual line items, income and expenses. This full review is to determine whether or not replacement reserves and can be funded and if insurance deductiblesinsurance deductibles are funded. (The broader requirement) speaks to making sure the homeowner's association has the ability to maintain and insure the property — and whether or not we would want to be buying the loans.
insurance deductibles are funded. (The broader requirement) speaks to making sure the homeowner's association has the ability to maintain and insure the property — and whether or not we would want to be buying the loans.-------------------------
Dale McFeatters: Millennials, the cheapest generation � Abilene Reporter-News
Dale McFeatters: Millennials, the cheapest generation � Abilene Reporter-News: And the Millennials seemed to have inherited their ancestors' philosophy of consumption: Mend it; make do; or do without. Worse yet, some Millennials who went astray are moving back to the cities.
This is so un-American. Our economy depends on people moving into the suburbs and deciding to move up to a riding mower.
An entire cohort of our countrymen cannot identify the terms "Turf Builder," "homeowners' association" and "allow extra time for your commute."
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HOAs (except the condo variety) appear slated to be a victim of socio-economic change.
This is so un-American. Our economy depends on people moving into the suburbs and deciding to move up to a riding mower.
An entire cohort of our countrymen cannot identify the terms "Turf Builder," "homeowners' association" and "allow extra time for your commute."
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HOAs (except the condo variety) appear slated to be a victim of socio-economic change.
Saturday, October 13, 2012
The hidden cost of government settlements - The Washington Post
The hidden cost of government settlements - The Washington Post: When Bank of America agreed in December to pay $335 million to resolve federal charges that its mortgage-lending arm discriminated against black and Hispanic borrowers, government officials hailed it as the largest fair-lending settlement in history. But, in fact, the banking giant has the right to a massive discount on the payout. Thirty-five percent of the settlement is deductible. That means Bank of America could wind up saving $117 million on its tax bill.
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Nice. We, the taxpayers, get to subsidize the settlements paid by banks for their bogus lending practices. Thanks to Mystery Reader for this engine-starter.
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Nice. We, the taxpayers, get to subsidize the settlements paid by banks for their bogus lending practices. Thanks to Mystery Reader for this engine-starter.
Thousands of families could be caught by church repair bills as archaic rights revived - Telegraph
Thousands of families could be caught by church repair bills as archaic rights revived - Telegraph: "Thousands of families are set to receive warnings that they could face large bills to repair their local church, even if they have never attended it, after parishes were ordered to enforce a 500-year-old land law...People living in more than 5,000 parishes in England are subject to the historic “chancel repair liabilities”, which affect properties built on former monastic land.:
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Thanks to Mystery Reader for this mind-boggling evidence that, no matter how bad you think your HOA is, things could always be worse.
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Thanks to Mystery Reader for this mind-boggling evidence that, no matter how bad you think your HOA is, things could always be worse.
Number of low-price homes plummets in state - latimes.com
Number of low-price homes plummets in state - latimes.com:
"Competition for lower-priced homes in California is so hot that the number of cheaper homes available for sale has sunk more than 40% in the last year, pushing out many would-be buyers. Homes that sold for $313,200 or less were the most competitive type of home nationally, but nowhere did inventory in that price range drop more than in the Golden State, according to a report released Thursday by real estate website Zillow."
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So in California, a $312,000 home is "lower-priced," even in a post-housing bubble market. How are middle class Americans supposed to buy these palaces with their stagnant wages, assuming they aren't already reduced to selling oranges at freeway on-ramps and living in a tent in their mother-in-law's back yard? The problem now, in post-bust America, is that investors (colloquially known to some as "vulture capitalists") have taken over the low end of the housing market: "First-time home buyers are being squeezed out of the market by falling inventory and the rapid influx of investors looking to buy basic homes to rent out," Zillow chief economist Stan Humphries said. "Investors are paying in cash and can close sooner, which is more favorable to banks and homeowners looking to sell."
"Competition for lower-priced homes in California is so hot that the number of cheaper homes available for sale has sunk more than 40% in the last year, pushing out many would-be buyers. Homes that sold for $313,200 or less were the most competitive type of home nationally, but nowhere did inventory in that price range drop more than in the Golden State, according to a report released Thursday by real estate website Zillow."
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So in California, a $312,000 home is "lower-priced," even in a post-housing bubble market. How are middle class Americans supposed to buy these palaces with their stagnant wages, assuming they aren't already reduced to selling oranges at freeway on-ramps and living in a tent in their mother-in-law's back yard? The problem now, in post-bust America, is that investors (colloquially known to some as "vulture capitalists") have taken over the low end of the housing market: "First-time home buyers are being squeezed out of the market by falling inventory and the rapid influx of investors looking to buy basic homes to rent out," Zillow chief economist Stan Humphries said. "Investors are paying in cash and can close sooner, which is more favorable to banks and homeowners looking to sell."
Thursday, October 11, 2012
Florida homeowner association: florida homeowner association fight banks - OrlandoSentinel.com
Florida homeowner association: florida homeowner association fight banks - OrlandoSentinel.com: Jan Bergemann, president of the Cyber Citizens for Justice association watchdog group, said this week that law firms should not represent both groups.
"That should be a conflict of interest,'' Bergemann said. "Banks normally like to postpone as long as possible the moment they are the deeded owner. The homeowner association, meanwhile, has an interest to foreclose as soon as possible.'
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Conflicts of interest are determined on a case by case basis. That said, law firms that play both sides of the street are making some denizens of Privatopia uncomfortable.
"That should be a conflict of interest,'' Bergemann said. "Banks normally like to postpone as long as possible the moment they are the deeded owner. The homeowner association, meanwhile, has an interest to foreclose as soon as possible.'
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Conflicts of interest are determined on a case by case basis. That said, law firms that play both sides of the street are making some denizens of Privatopia uncomfortable.
Political lawn signs: Free speech or an eyesore? | News - Home
Political lawn signs: Free speech or an eyesore? | News - Home: Calderon says despite the First Amendment right to freedom of speech, in almost all sign disputes, the HOA will prevail. While courts typically rule against local or state governments that restrict political signs, HOAs are private entities and can create their own rules.
"And the thing is that they're not discriminating on the grounds of what kind of speech it is," said Calderon. "You can restrict speech on time, manner and place."
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And watch those flags and flagpoles, too.
"And the thing is that they're not discriminating on the grounds of what kind of speech it is," said Calderon. "You can restrict speech on time, manner and place."
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And watch those flags and flagpoles, too.
Lake County homeowners form anti-HOA group | www.wftv.com
Lake County homeowners form anti-HOA group | www.wftv.com: LAKE COUNTY, Fla. —The leaders of more than 200 Lake County homeowners turned to WFTV in hopes of solving a problem with what they say is an out-of-control Homeowners Association.
Homeowners insist they have no say in what happens in their community, partly because Yale University owns Harbor Hills in Lady Lake.
Homeowners sent a binder full of complaints about Harbor Hills to the Ivy League school. But so far, they've gotten no response.
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Yale? Paging the perfessor...
Homeowners insist they have no say in what happens in their community, partly because Yale University owns Harbor Hills in Lady Lake.
Homeowners sent a binder full of complaints about Harbor Hills to the Ivy League school. But so far, they've gotten no response.
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Yale? Paging the perfessor...
Wednesday, October 10, 2012
Suburban poverty Kabul style: One million residents populate the steep hills around the Afghan capital... but it's a long way from the high life | Mail Online
Poverty i Kabul style: One million residents populate the steep hills around the Afghan capital... but it's a long way from the high life | Mail Online
"Low-income housing has spread high into the hills and, while running water has been recently added to some of the luckier neighbourhoods, foul and disease-laden open sewers still run downhill through streets and putrid gutters.
In suburbs like Jamal Mina, home to construction worker Ahmad Tazim and his family, residents are almost literally on top of each other - living a hand-to-mouth existence made even wore brutal by the seemingly endless conflict in the country.
But life is to become even worse for Tazim and other construction workers like him - the booming construction industry is about to bust. And it's not just disastrous news for the poor in the country: the emerging upper class in Kabul alsoface losing their new mansions and high-rise apartments in a much-feared economic freefall."
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Tuesday, October 09, 2012
Residents at Orlando condo complex face eviction due to unpaid... | www.wftv.com
Residents at Orlando condo complex face eviction due to unpaid... | www.wftv.com: ORLANDO, Fla. —People who live in an Orlando condo complex could soon be kicked out of their own homes.
The Orlando Utility Commission is about to shut off water to The Village on Crayrich Circle because the complex isn't paying its bills. And if the water is shut off, no one will be allowed to live there.
The Orlando Utility Commission is about to shut off water to The Village on Crayrich Circle because the complex isn't paying its bills. And if the water is shut off, no one will be allowed to live there.
Moody's targets Calif. cities for downgrades | Money - KCRA Home
Moody's targets Calif. cities for downgrades | Money - KCRA Home: SACRAMENTO, Calif. — One of the nation's top credit rating agencies will review dozens of California cities for possible credit downgrades amid mounting concern over municipal bankruptcies and bond defaults.
Moody's Investors Service announced Tuesday that it would scrutinize nearly 30 California cities for possible downgrades.
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Not just in Privatopia...things are tough all over. Five years of economic malaise are taking an accumulated toll despite some positive economic indicators in recent weeks.
Moody's Investors Service announced Tuesday that it would scrutinize nearly 30 California cities for possible downgrades.
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Not just in Privatopia...things are tough all over. Five years of economic malaise are taking an accumulated toll despite some positive economic indicators in recent weeks.
State of the association | ind.gmnews.com | Independent
State of the association | ind.gmnews.com | Independent: The housing bust battered home sales and prices while skyrocketing foreclosures. It also took its toll on homeowner associations, which govern and maintain condominiums, townhomes and single-family communities.
With unemployment hovering at 8 percent, many homeowners are struggling with mortgage payments, and assessments (which pay for HOA costs) are falling by the wayside. All this is happening as more and more people move to multi-unit housing and become HOA members.
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The fallout of the economic downturn continues to roil Privatopia.
With unemployment hovering at 8 percent, many homeowners are struggling with mortgage payments, and assessments (which pay for HOA costs) are falling by the wayside. All this is happening as more and more people move to multi-unit housing and become HOA members.
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The fallout of the economic downturn continues to roil Privatopia.
Notorious HOA Board Removed by State - 8 News NOW
Notorious HOA Board Removed by State - 8 News NOW: NORTH LAS VEGAS -- The state real estate division on Monday took what it termed "unprecedented action" by removing an infamous one-time HOA president and his entire board.
The Nevada Commission for Common-Interest Communities and Condominium Hotels (CICCH) ousted Joseph Bitsky, Barbara Bitsky and Hellen Murphy – the full three-person board of the Autumn Chase Homeowners Association in North Las Vegas – for hundreds of violations of state law governing HOA's.
The Nevada Commission for Common-Interest Communities and Condominium Hotels (CICCH) ousted Joseph Bitsky, Barbara Bitsky and Hellen Murphy – the full three-person board of the Autumn Chase Homeowners Association in North Las Vegas – for hundreds of violations of state law governing HOA's.
Monday, October 08, 2012
Treasurer accused of stealing $70,000 from west Toledo homeowner - ToledoNewsNow.com: News, Weather & Sports for Toledo, OH
Treasurer accused of stealing $70,000 from west Toledo homeowner - ToledoNewsNow.com: News, Weather & Sports for Toledo, OH: TOLEDO, OH (Toledo News Now) -
Residents of west Toledo's Lincolnshire neighborhood are upset after a police report has surfaced alleging a member of the neighborhood association stole from its members.
A report filed by the association's board of trustees claims former association treasurer Peter Williamson stole more than $70,000 from the association's accounts between 2011 and August of 2012, when he resigned. Residents say just three days after Williamson's resignation they received a letter requesting they pay an additional $100 in neighborhood dues in order to pay for pool repairs. The cost of those repairs, residents say, was suspiciously similar to the amount missing.
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Innocent until proven guilty. But these kinds of stories are all too common in Privatopia.
Residents of west Toledo's Lincolnshire neighborhood are upset after a police report has surfaced alleging a member of the neighborhood association stole from its members.
A report filed by the association's board of trustees claims former association treasurer Peter Williamson stole more than $70,000 from the association's accounts between 2011 and August of 2012, when he resigned. Residents say just three days after Williamson's resignation they received a letter requesting they pay an additional $100 in neighborhood dues in order to pay for pool repairs. The cost of those repairs, residents say, was suspiciously similar to the amount missing.
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Innocent until proven guilty. But these kinds of stories are all too common in Privatopia.
‘World’s largest yacht’ headed to Eastport and other Maine ports of call — Down East — Bangor Daily News — BDN Maine
‘World’s largest yacht’ headed to Eastport and other Maine ports of call — Down East — Bangor Daily News — BDN Maine
EASTPORT, Maine — Billed as “the world’s largest privately owned yacht,” The World will tie up at Eastport’s downtown breakwater pier Tuesday morning, allowing those who live aboard the 12-deck, 644-foot vessel to enjoy a day of exploring the historic Washington County seaport.
The unique ship is a floating city, owned by 130 families from 19 different countries who occupy with their guests 165 private condominium residences. Launched in 2002, The World continuously circumnavigates the globe, and it has now visited 800 ports in 140 countries. The ship’s 2012 itinerary is taking those aboard to 31 different countries. Beyond Eastport, the ship is scheduled to stop in Bar Harbor, Rockland and Portland before heading on to Boston. Its last port of call before heading to Eastport was in Canada at St. Andrews, N.B.
The World is the only private residential community at sea.
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I've blogged about 'The World" before, but here she is, about to grace the state of my birth with her intensely private and opulent presence. I seem to remember that there were some interesting taxation advantages to be had by making this ship one's principal residence.
Sunday, October 07, 2012
Condo owners sue management -- Walworth County Today
Condo owners sue management -- Walworth County Today:
ELKHORN — Forty-five Lake Lawn Lodge condominium owners have sued the resort and its condo association for more than $5 million over rent payments, a unit management agreement and other financial matters.
The suit, filed Sept. 26 in Walworth County, has been assigned to Judge James Carlson. The summons requires the defendants to respond with a written answer to the complaint within 45 days.
The 40-page complaint alleges that Lake Lawn and Lodges at Lake Lawn Resort Condominium Association manipulated agreements with the owners following the resort’s Aug. 5, 2009, foreclosure. The 45-condo owners allege that the defendants illegally obtained a majority of the governing board through four commercial units and assumed control of 70 percent of rental revenue when a customary percentage for management was 40 percent.
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Another dispute over alleged manipulation of voting rights to seize control of an association for financial gain. I don't know who is right or wrong in this particular case. However, it seems to me that the frequency of this sort of situation has increased since the housing market collapsed. Before the crash, disputes over architectural review decisions, foreclosures for unpaid assessments, and strange rules violations cases were the norm in the press. Now there seem to be more embezzlements, frauds, and association control controversies. Everybody involved in common interest housing is getting squeezed by the loss of value--banks and investors, developers, management companies, lawyers, and most of all the owners who are expected to support these associations through collective use of their scarce individual resources.
ELKHORN — Forty-five Lake Lawn Lodge condominium owners have sued the resort and its condo association for more than $5 million over rent payments, a unit management agreement and other financial matters.
The suit, filed Sept. 26 in Walworth County, has been assigned to Judge James Carlson. The summons requires the defendants to respond with a written answer to the complaint within 45 days.
The 40-page complaint alleges that Lake Lawn and Lodges at Lake Lawn Resort Condominium Association manipulated agreements with the owners following the resort’s Aug. 5, 2009, foreclosure. The 45-condo owners allege that the defendants illegally obtained a majority of the governing board through four commercial units and assumed control of 70 percent of rental revenue when a customary percentage for management was 40 percent.
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Another dispute over alleged manipulation of voting rights to seize control of an association for financial gain. I don't know who is right or wrong in this particular case. However, it seems to me that the frequency of this sort of situation has increased since the housing market collapsed. Before the crash, disputes over architectural review decisions, foreclosures for unpaid assessments, and strange rules violations cases were the norm in the press. Now there seem to be more embezzlements, frauds, and association control controversies. Everybody involved in common interest housing is getting squeezed by the loss of value--banks and investors, developers, management companies, lawyers, and most of all the owners who are expected to support these associations through collective use of their scarce individual resources.
Friday, October 05, 2012
Homeowner who replaces thirsty grass with native plants is hit with neighborhood association lawsuit. - OrlandoSentinel.com
Homeowner who replaces thirsty grass with native plants is hit with neighborhood association lawsuit. - OrlandoSentinel.com: A homeowner near Windermere who happens to work for Orange County's environmental department has been sued by her neighborhood association for replacing her thirsty grass with a water-conserving landscape.
Renee Parker's plants attract butterflies, blossom regularly in multiple colors and have an assortment of shapes and heights. For a meandering border, she planted Argentine bahia, a grass that's hardier than the water-craving, fertilizer-loving St. Augustine variety commonly growing in Florida yards.
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More frivolous litigation and bad press for Privatopia and the community association bar. Film at 10.
Renee Parker's plants attract butterflies, blossom regularly in multiple colors and have an assortment of shapes and heights. For a meandering border, she planted Argentine bahia, a grass that's hardier than the water-craving, fertilizer-loving St. Augustine variety commonly growing in Florida yards.
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More frivolous litigation and bad press for Privatopia and the community association bar. Film at 10.
Wednesday, October 03, 2012
Service dog prompts dispute with HOA - ABC-7.com WZVN News for Fort Myers, Cape Coral & Naples, Florida
Service dog prompts dispute with HOA - ABC-7.com WZVN News for Fort Myers, Cape Coral & Naples, Florida: McKay's boxer "Kane" has been with him since 2009. But his condo association says no pets allowed.
McKay claims neighbors and managers have been giving him a hard time, which now has him locked in a legal battle with the homeowners association to keep his condo.
"They're going wait a minute, no pets. I say, ‘He's not a pet, he's a service dog. I'm an American with disability, I'm covered under ADA,'" McKay said.
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So there!
McKay claims neighbors and managers have been giving him a hard time, which now has him locked in a legal battle with the homeowners association to keep his condo.
"They're going wait a minute, no pets. I say, ‘He's not a pet, he's a service dog. I'm an American with disability, I'm covered under ADA,'" McKay said.
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So there!
Tuesday, October 02, 2012
Economists: Housing recovery finally here | Money - KCRA Home
Economists: Housing recovery finally here | Money - KCRA Home: "We're seeing the signs of a pulse in a sector that has been flat-lined for a number of years," said Sean Snaith, economics professor at the University of Central Florida.
Determining when the housing market has turned the corner is important for more than home builders and real estate agents. Even before soaring foreclosures sparked a meltdown in financial markets in 2008, the housing market had become a significant drag on the economy. Housing continued to subtract from the nation's gross domestic product right up through early 2011.
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Probably just in time for many HOAs which the perfessor warned stand at the brink of insolvency due to accumulated assessment delinquencies spawned by years of recession and residential real estate deflation.
Determining when the housing market has turned the corner is important for more than home builders and real estate agents. Even before soaring foreclosures sparked a meltdown in financial markets in 2008, the housing market had become a significant drag on the economy. Housing continued to subtract from the nation's gross domestic product right up through early 2011.
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Probably just in time for many HOAs which the perfessor warned stand at the brink of insolvency due to accumulated assessment delinquencies spawned by years of recession and residential real estate deflation.
Ruling casts doubt on Hilton Head Plantation gate toll - Beaufort News - IslandPacket.com
Ruling casts doubt on Hilton Head Plantation gate toll - Beaufort News - IslandPacket.com: Hilton Head Plantation property owners behind on their association dues can't be charged a toll to enter the gated community, a Beaufort County judge has ruled.
Judge Marvin Dukes determined the association's policies and bylaws do not give it the authority to charge the toll, which took effect Monday, as a way of collecting long overdue assessments.
"After a review of the aforementioned covenants and restrictions, I find that there is no provision allowing the association to charge a toll on owners ...," Dukes wrote in the Sept. 26 temporary injunction. The ruling bars the association from charging Patrick or Janelle Dodd, who are named in the order, the $10 daily toll or the $50 fee for a guest pass until a final hearing on the matter.
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This is first: a selective tollgate in Privatopia.
Judge Marvin Dukes determined the association's policies and bylaws do not give it the authority to charge the toll, which took effect Monday, as a way of collecting long overdue assessments.
"After a review of the aforementioned covenants and restrictions, I find that there is no provision allowing the association to charge a toll on owners ...," Dukes wrote in the Sept. 26 temporary injunction. The ruling bars the association from charging Patrick or Janelle Dodd, who are named in the order, the $10 daily toll or the $50 fee for a guest pass until a final hearing on the matter.
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This is first: a selective tollgate in Privatopia.
Will New HOA Members Change Pink Playhouse Lawsuit? | NBC Augusta 26
Will New HOA Members Change Pink Playhouse Lawsuit? | NBC Augusta 26
She's hoping the new board members elected Tuesday night will be on her side as she fights to keep the color of her granddaughter's playhouse pink.
"It is frivolous, that there is nothing in those covenants that specifically addresses play equipment, and it needs to be thrown out before it ever gets to court and it just might,” she said.
Peck has until the end of this week to answer the complaint and she says she's hired an attorney and is prepared to go to court.
The attorney for the HOA who filed the complaint, August Murdock, says all the board wants is for the playhouse to be repainted.
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The saga of the HOA offending pink playhouse continues. Film at 10.
She's hoping the new board members elected Tuesday night will be on her side as she fights to keep the color of her granddaughter's playhouse pink.
"It is frivolous, that there is nothing in those covenants that specifically addresses play equipment, and it needs to be thrown out before it ever gets to court and it just might,” she said.
Peck has until the end of this week to answer the complaint and she says she's hired an attorney and is prepared to go to court.
The attorney for the HOA who filed the complaint, August Murdock, says all the board wants is for the playhouse to be repainted.
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The saga of the HOA offending pink playhouse continues. Film at 10.
Sunday, September 30, 2012
"Most Dangerous City in America" Is Disbanding Its Current Police Force
"Most Dangerous City in America" Is Disbanding Its Current Police Force:
That would be Camden, New Jersey:
"The reason, officials say, is that generous union contracts have made it financially impossible to keep enough officers on the street. So in November, Camden, which has already had substantial police layoffs, will begin terminating the remaining 273 officers and give control to a new county force. The move, officials say, will free up millions to hire a larger, nonunionized force of 400 officers to safeguard the city, which is also the nation’s poorest....Though the city is solidly Democratic, the plan to put the Police Department out of business has not prompted the wide public outcry seen in the union battles in Chicago, Ohio or Wisconsin, in part because many residents have come to resent a police force they see as incompetent, corrupt and doing little to make their streets safe."
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How's that for dysfunction? And it may be part of a trend. Step one would be to dismantle the municipal-level service and turn the function over to the county: "Faced with tight budgets, many communities across the country are considering regionalizing their police departments, along with other services like firefighting, libraries and schools." Step two for Camden is to create a new non-union police force. For other cities, that step is a bigger one: move to contracting out the service to private corporations.
That would be Camden, New Jersey:
"The reason, officials say, is that generous union contracts have made it financially impossible to keep enough officers on the street. So in November, Camden, which has already had substantial police layoffs, will begin terminating the remaining 273 officers and give control to a new county force. The move, officials say, will free up millions to hire a larger, nonunionized force of 400 officers to safeguard the city, which is also the nation’s poorest....Though the city is solidly Democratic, the plan to put the Police Department out of business has not prompted the wide public outcry seen in the union battles in Chicago, Ohio or Wisconsin, in part because many residents have come to resent a police force they see as incompetent, corrupt and doing little to make their streets safe."
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How's that for dysfunction? And it may be part of a trend. Step one would be to dismantle the municipal-level service and turn the function over to the county: "Faced with tight budgets, many communities across the country are considering regionalizing their police departments, along with other services like firefighting, libraries and schools." Step two for Camden is to create a new non-union police force. For other cities, that step is a bigger one: move to contracting out the service to private corporations.
Saturday, September 29, 2012
Mortgages — The Rental Alternative to Foreclosure - NYTimes.com
Mortgages — The Rental Alternative to Foreclosure - NYTimes.com:
Deed for lease programs:
The main problem, as with all foreclosure alternatives, is whether an applicant qualifies. As acknowledged by Andrew Wilson, a spokesman for Fannie Mae, the agency’s “Deed-for-Lease,” or D4L, option has not been widely utilized.
Applicants may not be more than 11 payments past due on their mortgage, and must be able to pay fair-market rent without spending more than 31 percent of their gross income. Properties with second mortgages are ineligible, as are properties in areas where zoning or homeowners’ associations prohibit rentals. The condition of the property is also a factor.
“I’m surprised they didn’t include a requirement that you give your firstborn,” said John Taylor, the president and chief executive of the National Community Reinvestment Coalition. “They should come back with something that’s not as restrictive.”
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It is interesting that the federal government was so quick and generous with relief for the banks when their own crazy investment practices crashed the financial sector, the housing sector, and the economy, but when it is the banks' turn to extend some relief to homeowners. In this case, it is just a matter of the owner handing over the keys and becoming a renter for a few years. But even here the banks have to make people jump through all sorts of hoops: "Bank of America is offering its “Mortgage to Lease” option to only about 2,500 preselected borrowers in New York, Nevada, Arizona and California. A company spokesman would not comment on how many customers had taken part in the program. Citi’s “Home Rental Program,” announced just last month, applies to only 500 homeowners in Arizona, California, Texas, Florida, Nevada and Georgia."
Deed for lease programs:
The main problem, as with all foreclosure alternatives, is whether an applicant qualifies. As acknowledged by Andrew Wilson, a spokesman for Fannie Mae, the agency’s “Deed-for-Lease,” or D4L, option has not been widely utilized.
Applicants may not be more than 11 payments past due on their mortgage, and must be able to pay fair-market rent without spending more than 31 percent of their gross income. Properties with second mortgages are ineligible, as are properties in areas where zoning or homeowners’ associations prohibit rentals. The condition of the property is also a factor.
“I’m surprised they didn’t include a requirement that you give your firstborn,” said John Taylor, the president and chief executive of the National Community Reinvestment Coalition. “They should come back with something that’s not as restrictive.”
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It is interesting that the federal government was so quick and generous with relief for the banks when their own crazy investment practices crashed the financial sector, the housing sector, and the economy, but when it is the banks' turn to extend some relief to homeowners. In this case, it is just a matter of the owner handing over the keys and becoming a renter for a few years. But even here the banks have to make people jump through all sorts of hoops: "Bank of America is offering its “Mortgage to Lease” option to only about 2,500 preselected borrowers in New York, Nevada, Arizona and California. A company spokesman would not comment on how many customers had taken part in the program. Citi’s “Home Rental Program,” announced just last month, applies to only 500 homeowners in Arizona, California, Texas, Florida, Nevada and Georgia."
Friday, September 28, 2012
New FHA rules loosen association requirements - chicagotribune.com
New FHA rules loosen association requirements - chicagotribune.com:
Perhaps the most significant change is a liberalized policy on delinquencies: No more than 15 percent of the total units can be more than 60 days past due on assessment payments, not including fees and fines. The previous threshold was 30 days past due."The delinquency rate was the biggest hurdle holding back many associations from qualifying for approval," said Anderson. "Thirty days is not a lot of time. When market conditions are good, people usually pay their assessments on time. But in this economy, it's a fact of life that people are paying later and later....Another major change permits greater investor ownership. In existing associations or nongut rehabilitation conversions, an investor may own up to 50 percent of the total units if at least 50 percent of the total units have been sold or are under contract. Unoccupied and unsold units owned by a developer are not counted as investor owned unless the units are currently rented or were previously occupied.Previously, no single entity could own more than 10 percent of the units or one unit, whichever was greater."
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Pamela McKuen writes about the increased leniency from FHA. They have swung from ridiculously lax pre-2008 to insanely restrictive, and now they are easing back again. And they are facing some unpleasant facts: high delinquency rates are the new normal, and investors are a huge percentage of the market for condos. Owner-occupants are not so easy to find in some situations.
Perhaps the most significant change is a liberalized policy on delinquencies: No more than 15 percent of the total units can be more than 60 days past due on assessment payments, not including fees and fines. The previous threshold was 30 days past due."The delinquency rate was the biggest hurdle holding back many associations from qualifying for approval," said Anderson. "Thirty days is not a lot of time. When market conditions are good, people usually pay their assessments on time. But in this economy, it's a fact of life that people are paying later and later....Another major change permits greater investor ownership. In existing associations or nongut rehabilitation conversions, an investor may own up to 50 percent of the total units if at least 50 percent of the total units have been sold or are under contract. Unoccupied and unsold units owned by a developer are not counted as investor owned unless the units are currently rented or were previously occupied.Previously, no single entity could own more than 10 percent of the units or one unit, whichever was greater."
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Pamela McKuen writes about the increased leniency from FHA. They have swung from ridiculously lax pre-2008 to insanely restrictive, and now they are easing back again. And they are facing some unpleasant facts: high delinquency rates are the new normal, and investors are a huge percentage of the market for condos. Owner-occupants are not so easy to find in some situations.
Judge: Money lost to Vegas HOA fraud likely gone - San Jose Mercury News
Judge: Money lost to Vegas HOA fraud likely gone - San Jose Mercury News:
During the court proceeding, a retired Air Force colonel hailed by La Bella as one of two honest board members at the Vistana development in 2007 said none of the more than $8 million the board received in a construction defect lawsuit settlement went for needed repairs at the 732-home community southwest of Las Vegas.
"Within six months that money was gone," Bruce "Wiley" Wallace told the judge. "It was all a matter of $300,000 here and $300,000 there. The swimming pool was not fixed—one of 100 things not done. By the end of 2008, there was $450,000 left in the construction defect account."
Two other board members withdrew the remaining money in December 2008 and disappeared, Wallace said.
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Virtually nobody who buys into an HOA or condo association considers how vulnerable they are to economic mismanagement, garden variety embezzlement, or, as in the Las Vegas situation, outright fraud. At the end of the Las Vegas saga, no matter who goes to jail or commits suicide, here is the bottom line: the money is gone. And yet it seems that local governments can't be bothered to do anything by way of protecting or even warning people. Some state legislatures have tried to reform the internal procedures of these private governments, but what we never seem to see is a serious look at the structure of this whole institution. There is too much reliance placed on the resources of individual owners--their money, time, energy, knowledge, ability to make collective decisions, and loyalty--and too little institutional support. And the practice of mandating this form of housing, which has been going on in the Las Vegas area for almost twenty years, guarantees that many people will be virtually conscripted into a complex form of common ownership that they do not actually want or understand. Taken together, these public policies must inevitably lead to problems.
During the court proceeding, a retired Air Force colonel hailed by La Bella as one of two honest board members at the Vistana development in 2007 said none of the more than $8 million the board received in a construction defect lawsuit settlement went for needed repairs at the 732-home community southwest of Las Vegas.
"Within six months that money was gone," Bruce "Wiley" Wallace told the judge. "It was all a matter of $300,000 here and $300,000 there. The swimming pool was not fixed—one of 100 things not done. By the end of 2008, there was $450,000 left in the construction defect account."
Two other board members withdrew the remaining money in December 2008 and disappeared, Wallace said.
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Virtually nobody who buys into an HOA or condo association considers how vulnerable they are to economic mismanagement, garden variety embezzlement, or, as in the Las Vegas situation, outright fraud. At the end of the Las Vegas saga, no matter who goes to jail or commits suicide, here is the bottom line: the money is gone. And yet it seems that local governments can't be bothered to do anything by way of protecting or even warning people. Some state legislatures have tried to reform the internal procedures of these private governments, but what we never seem to see is a serious look at the structure of this whole institution. There is too much reliance placed on the resources of individual owners--their money, time, energy, knowledge, ability to make collective decisions, and loyalty--and too little institutional support. And the practice of mandating this form of housing, which has been going on in the Las Vegas area for almost twenty years, guarantees that many people will be virtually conscripted into a complex form of common ownership that they do not actually want or understand. Taken together, these public policies must inevitably lead to problems.
Thursday, September 27, 2012
Better times mean bigger homes for Sacramento-area buyers - Real Estate - The Sacramento Bee
Better times mean bigger homes for Sacramento-area buyers - Real Estate - The Sacramento Bee: For years now, urban planners have predicted that homebuyers would opt for smaller houses in more urban-style neighborhoods when the real estate market recovers.
That's true for some. But with housing the cheapest it has been in decades, some buyers are returning to the large suburban tract homes that were hallmarks of the housing boom.
Homebuilders and housing experts say sales of larger homes have picked up in recent months, driven by customer demand.
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Urban planning seems to assume the housing market aspires to urban living. Not necessarily.
That's true for some. But with housing the cheapest it has been in decades, some buyers are returning to the large suburban tract homes that were hallmarks of the housing boom.
Homebuilders and housing experts say sales of larger homes have picked up in recent months, driven by customer demand.
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Urban planning seems to assume the housing market aspires to urban living. Not necessarily.
Wednesday, September 26, 2012
North Naples community on edge after a string of burglaries
North Naples community on edge after a string of burglaries: COLLIER COUNTY, Fla - A North Naples community is on edge after string of burglaries stole their sense of security.
The gated community of Cypress Trace is in Cypress Woods just off Immokalee Road. Now neighbors are demanding their home owners association do more to restore safety.
Cypress Trace is gated, but residents say it failed to keep trouble out Sunday night. They say there are several open areas where thieves can walk right in and with no security guard at night and high HOA fees, neighbors say more protection is a must.
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As the perfessor has noted, gates are no guarantee of security.
The gated community of Cypress Trace is in Cypress Woods just off Immokalee Road. Now neighbors are demanding their home owners association do more to restore safety.
Cypress Trace is gated, but residents say it failed to keep trouble out Sunday night. They say there are several open areas where thieves can walk right in and with no security guard at night and high HOA fees, neighbors say more protection is a must.
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As the perfessor has noted, gates are no guarantee of security.
There's Been a Dictatorial Coup -- Koch Bros. Have a Bunch of Czars Running Cities Across Michigan | Alternet
There's Been a Dictatorial Coup -- Koch Bros. Have a Bunch of Czars Running Cities Across Michigan | Alternet:
"It only took two weeks in March of 2011 for the ponderously titled� "Local Government and School District Fiscal Accountability Act" �to be rushed through both houses of the legislature and signed by Snyder. Before the public knew it--BAM! --the governor was authorized to establish his own autocratic republic: Michiganistan. At bottom, the LGSDFA Act is a doozy of autocratic mischief-making. It lets the governor seize control of any local government he deems to be in fiscal trouble, suspend the people's democratic authority, impose a corporatized version of martial law, and install his own "emergency financial manager" to govern by diktat..."
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I don't think there is any way, only a year and a half in, to judge the success or failure of this radical approach to local government fiscal crisis. I know there has been a great outcry from the local officials who are involved, and the left seems to view it as a corporate takeover.
"It only took two weeks in March of 2011 for the ponderously titled� "Local Government and School District Fiscal Accountability Act" �to be rushed through both houses of the legislature and signed by Snyder. Before the public knew it--BAM! --the governor was authorized to establish his own autocratic republic: Michiganistan. At bottom, the LGSDFA Act is a doozy of autocratic mischief-making. It lets the governor seize control of any local government he deems to be in fiscal trouble, suspend the people's democratic authority, impose a corporatized version of martial law, and install his own "emergency financial manager" to govern by diktat..."
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I don't think there is any way, only a year and a half in, to judge the success or failure of this radical approach to local government fiscal crisis. I know there has been a great outcry from the local officials who are involved, and the left seems to view it as a corporate takeover.
Tuesday, September 25, 2012
Home prices back to '03 levels - Sep. 25, 2012
Home prices back to '03 levels - Sep. 25, 2012: NEW YORK (CNNMoney) --
In another sign of a turnaround in the long-battered real estate market, average home prices rebounded in July to the same level as they were nine years ago.
According to the closely watched S&P/Case-Shiller national home price index, which covers more than 80% of the housing market in the United States, the typical home price in July rose 1.6% compared to the previous month.
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About time.
In another sign of a turnaround in the long-battered real estate market, average home prices rebounded in July to the same level as they were nine years ago.
According to the closely watched S&P/Case-Shiller national home price index, which covers more than 80% of the housing market in the United States, the typical home price in July rose 1.6% compared to the previous month.
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About time.
Monday, September 24, 2012
Copper embezzler sentenced | Sonora / Tuolumne News, Sports, & Weather, Angels Camp, Twain Harte, Jamestown | Union Democrat
Copper embezzler sentenced | Sonora / Tuolumne News, Sports, & Weather, Angels Camp, Twain Harte, Jamestown | Union Democrat: The saga was another bruise for the association, which has been stung by a series of controversies over the past decade.
The association gained national notoriety in 2003 when Thomas and Anita Radcliff had their home seized and resold for failing to pay $120 in annual dues. The couple was able to settle out of court and repurchase their home, appraised at $289,000, from an Alameda man who bought it for only $70,000 at a foreclosure auction.
The scandal prompted a law to be passed in 2005 preventing homeowners associations from foreclosing on a member’s home when that member owes less than $1,800.
The association gained national notoriety in 2003 when Thomas and Anita Radcliff had their home seized and resold for failing to pay $120 in annual dues. The couple was able to settle out of court and repurchase their home, appraised at $289,000, from an Alameda man who bought it for only $70,000 at a foreclosure auction.
The scandal prompted a law to be passed in 2005 preventing homeowners associations from foreclosing on a member’s home when that member owes less than $1,800.
The Gray Tsunami | Aging | DISCOVER Magazine
The Gray Tsunami | Aging | DISCOVER Magazine:
"Sun City’s radical idea—to restrict home ownership to people 55 and older—effectively excluded families and children from the development. But recently the policy was updated. Now only one owner has to be over 55, this to accommodate residents with younger spouses. Getting back in the van and touring the quiet, curving streets, with their neat plantings and pink-tinted gravel, the ASU group sees no pregnant women or kids, no young people whatsoever. Sun City has a fertility rate of zero."
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And of course this exclusion of the young was accomplished by private restrictive covenant, made possible by laws that granted the elderly an exception from anti-discrimination statutes. HOAs were set up in large part to enforce such restrictions. Before that, covenants were used to exclude African-Americans, Jews, Asians, and the Irish, and HOAs enforced those. Now we have all these gated communities that keep everybody out except the burglars disguised as joggers.
"Sun City’s radical idea—to restrict home ownership to people 55 and older—effectively excluded families and children from the development. But recently the policy was updated. Now only one owner has to be over 55, this to accommodate residents with younger spouses. Getting back in the van and touring the quiet, curving streets, with their neat plantings and pink-tinted gravel, the ASU group sees no pregnant women or kids, no young people whatsoever. Sun City has a fertility rate of zero."
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And of course this exclusion of the young was accomplished by private restrictive covenant, made possible by laws that granted the elderly an exception from anti-discrimination statutes. HOAs were set up in large part to enforce such restrictions. Before that, covenants were used to exclude African-Americans, Jews, Asians, and the Irish, and HOAs enforced those. Now we have all these gated communities that keep everybody out except the burglars disguised as joggers.
Mitt Romney's Housing Market Plan Has Got to Be a Joke -- Business Insider
Mitt Romney's Housing Market Plan - Business Insider:
"Yesterday evening (a Friday evening!) the campaign revealed a white paper titled Securing the American Dream and The Future of Housing Policy that's so unsubstantial, we half-suspect the timing was done so that nobody would see it amid the release of the 2011 tax documents, which came out about 20 minutes earlier."
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So not only are seniors booing the Republican VP candidate--now the business press is panning Romney's non-plan to "fix" the housing sector. I think the focus will be on accelerating the foreclosure process. Next up: bum-proof park benches so the deadbeats who got foreclosed on can't sleep on them.
"Yesterday evening (a Friday evening!) the campaign revealed a white paper titled Securing the American Dream and The Future of Housing Policy that's so unsubstantial, we half-suspect the timing was done so that nobody would see it amid the release of the 2011 tax documents, which came out about 20 minutes earlier."
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So not only are seniors booing the Republican VP candidate--now the business press is panning Romney's non-plan to "fix" the housing sector. I think the focus will be on accelerating the foreclosure process. Next up: bum-proof park benches so the deadbeats who got foreclosed on can't sleep on them.
Sunday, September 23, 2012
Tiny homes hit the big city - CNN.com
Tiny homes hit the big city - CNN.com
"The Berzins are part of a small contingent of homeowners who have found solace living in less than 500 square feet. Many of them live in homes built on trailers so they can move around; others, like the Berzins, live on property they own. Others live in Cob homes built of clay and mica. Some are motivated by a desire to lessen their carbon footprint while others want to own a home without worrying about property taxes.Small homes aren't for everybody, but those who embrace the lifestyle tend to become their most enthusiastic boosters. Most of the iReporters who shared their stories of living small with CNN.com also build tiny homes or run businesses dedicated to helping others build their own.The small home movement has been around for years in small cities and rural areas, but this summer, it made a big incursion into one of the country's largest and most densely populated urban centers."
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And no HOA dues.
Saturday, September 22, 2012
In Vegas, Romney outlines plan to ‘reignite the housing economy’
In Vegas, Romney outlines plan to ‘reignite the housing economy’: LAS VEGAS — Mitt Romney said Friday that he would roll back bank regulations as part of his plan to “reignite the housing economy” in this state, which has been hit particularly hard by the housing meltdown.
Romney, who has faced calls to lay out more specific policy details, said during a rally at the University of Nevada, Las Vegas that the key is to get credit flowing again and start selling houses.
“Now, there are also some things we have to do to make housing work right here in Nevada. We have to reignite the housing economy here so that home values start going up again.
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Creating another asset bubble in housing isn't going to revive the economy and create true, sustainable economic health. Only increased confidence that's widely diversified throughout the economy can do that.
Romney, who has faced calls to lay out more specific policy details, said during a rally at the University of Nevada, Las Vegas that the key is to get credit flowing again and start selling houses.
“Now, there are also some things we have to do to make housing work right here in Nevada. We have to reignite the housing economy here so that home values start going up again.
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Creating another asset bubble in housing isn't going to revive the economy and create true, sustainable economic health. Only increased confidence that's widely diversified throughout the economy can do that.
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