S.A. homeowner says HOA sued him $200,000 over "ridiculous" violations | kens5.com San Antonio: Moore said he’s been cited for not cutting his grass enough, his blinds and even for a small cat door built into his garage 17 years ago.
“They (HOA) say it (cat door) diminishes the property value of this community,” said Moore.
After 2 years of disputing violations, Moore said he now owes the HOA more than $200,000 in penalties and more than $50,000 in attorney fees. Something he wants everyone to know.
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The community association industry bar hard at work ginning up frivolous fees and litigation. Get a real job.
Friday, May 03, 2013
Daley joining law firm he previously hired for city's meter deal and other privatization work
Daley joining law firm he previously hired for city's meter deal and other privatization work
This is a blast from the past--almost a year ago--but it is such a great example of the shamelessness of politicians and the people who purchase them that I have to share it.
This is a blast from the past--almost a year ago--but it is such a great example of the shamelessness of politicians and the people who purchase them that I have to share it.
Wednesday, May 01, 2013
Palm v. Lake Shore Drive Condo Association: Access to records
www.state.il.us/court/opinions/SupremeCourt/2013/110505.pdf
Chicago has an access to records ordinance that is broader than what is granted either in the Illinois Condominium Property Act or the Illinois Not for Profit Corporations Act. Does Chicago's home rule power allow this, or is its owner-friendly ordinance pre-empted by either or both of the state laws? Answer, from the Illinois Supreme Court: the Chicago ordinance is valid. A big victory for condo owners in the city of Chicago.
I was asked by a real estate lawyer if this would lead to "fishing expeditions" by owners, to which I replied as follows: I don't think fishing expeditions by owners will be a significant problem. People aren't interested in wasting their own time reading these records. They normally ask only when they have real questions. The much larger problem is the standard practice by property managers, lawyers, and condo boards of stonewalling owners who want to see how their money is being spent. These statutes and ordinances were enacted because denial of access is so common, and so members can keep their boards and professionals in check. There is no other meaningful oversight of condo associations in the state of Illinois. Hundreds of associations in the city of Chicago have become or are becoming insolvent and defunct. Community Investment Corporation has taken over and de-converted over a hundred already with many more in the pipeline under the Distressed Condominium Property Act. Hundreds of others are running with inadequate reserves, or have sweetheart deals for services that involve nepotism, self-dealing, or outright kickbacks, and even deliberate fraud and embezzlement. Right now, the state of Illinois doesn't even know how many associations there are in the state. Owners need quick and easy access to records and these attorney fee provisions are the only way to do it.
Chicago has an access to records ordinance that is broader than what is granted either in the Illinois Condominium Property Act or the Illinois Not for Profit Corporations Act. Does Chicago's home rule power allow this, or is its owner-friendly ordinance pre-empted by either or both of the state laws? Answer, from the Illinois Supreme Court: the Chicago ordinance is valid. A big victory for condo owners in the city of Chicago.
I was asked by a real estate lawyer if this would lead to "fishing expeditions" by owners, to which I replied as follows: I don't think fishing expeditions by owners will be a significant problem. People aren't interested in wasting their own time reading these records. They normally ask only when they have real questions. The much larger problem is the standard practice by property managers, lawyers, and condo boards of stonewalling owners who want to see how their money is being spent. These statutes and ordinances were enacted because denial of access is so common, and so members can keep their boards and professionals in check. There is no other meaningful oversight of condo associations in the state of Illinois. Hundreds of associations in the city of Chicago have become or are becoming insolvent and defunct. Community Investment Corporation has taken over and de-converted over a hundred already with many more in the pipeline under the Distressed Condominium Property Act. Hundreds of others are running with inadequate reserves, or have sweetheart deals for services that involve nepotism, self-dealing, or outright kickbacks, and even deliberate fraud and embezzlement. Right now, the state of Illinois doesn't even know how many associations there are in the state. Owners need quick and easy access to records and these attorney fee provisions are the only way to do it.
Monday, April 29, 2013
Jury convicts Ill. official of lying about water - Houston Chronicle
Jury convicts Ill. official of lying about water - Houston Chronicle
CHICAGO (AP) — A one-time suburban Chicago official was convicted Monday of lying for decades about drawing water for residents from a well tainted by a cancer-causing chemical...Officials drew the tainted water until 2008 even after environmental officials warned in the mid-1980s that cancer-causing chemicals had oozed into the well, prosecutors have said.
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This trial has been going on for a while. She claims she is just the scapegoat, and that higher officials knew about the well water but continued mixing it with good Lake Michigan water in order to keep water rates down and enhance their own popularity.
CHICAGO (AP) — A one-time suburban Chicago official was convicted Monday of lying for decades about drawing water for residents from a well tainted by a cancer-causing chemical...Officials drew the tainted water until 2008 even after environmental officials warned in the mid-1980s that cancer-causing chemicals had oozed into the well, prosecutors have said.
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This trial has been going on for a while. She claims she is just the scapegoat, and that higher officials knew about the well water but continued mixing it with good Lake Michigan water in order to keep water rates down and enhance their own popularity.
Sunday, April 28, 2013
Residents want state or county to take over Santa Teresa... | www.kfoxtv.com
Residents want state or county to take over Santa Teresa... | www.kfoxtv.com: About 130 residents met on April 25 in an attempt to get answers and some sort of resolution to what residents calls a deteriorating property. Homeowners want the state or county to take the country club over.
However, homeowners said they were told they could not help take over the property until things likely worsened.
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An HOA petitions for deprivatization to solve its financial woes.
However, homeowners said they were told they could not help take over the property until things likely worsened.
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An HOA petitions for deprivatization to solve its financial woes.
Saturday, April 27, 2013
Rockdale Citizen | Rob Jenkins: Hey, teacher, my HOA is bullying me again
Rockdale Citizen | Rob Jenkins: Hey, teacher, my HOA is bullying me again: My point is that some of our worst bullies these days are not young children or even teenagers but rather adults who should know better. And this is true not only in our schools but in every walk of life. Give certain people a little bit of power, and they're apt to exercise it unjustly.
Ironically, that tends to be especially true in situations where the stakes aren't particularly high -- like a neighborhood homeowners' association. In my experience, few organizations offer more or better opportunities for people to bully others, if they're so inclined.
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Some readers of this blog would agree with the premise but not with the qualifier that the stakes aren't particularly high.
Ironically, that tends to be especially true in situations where the stakes aren't particularly high -- like a neighborhood homeowners' association. In my experience, few organizations offer more or better opportunities for people to bully others, if they're so inclined.
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Some readers of this blog would agree with the premise but not with the qualifier that the stakes aren't particularly high.
Florida House unanimously approves HOA legislation 37-0
House unanimously approves HOA legislation 37-0 | News - Home:
"The Florida House unanimously approved new home owners association reform legislation by a vote of 37-0 Friday sending what advocates are calling “much needed consumer protection” to Governor Rick Scott’s desk for his signature...The bill holds HOA directors and board members accountable and calls for direct reporting to the Dept. Of Business and Professional Regulation (DBPR) in Tallahassee."
"The Florida House unanimously approved new home owners association reform legislation by a vote of 37-0 Friday sending what advocates are calling “much needed consumer protection” to Governor Rick Scott’s desk for his signature...The bill holds HOA directors and board members accountable and calls for direct reporting to the Dept. Of Business and Professional Regulation (DBPR) in Tallahassee."
Dan Ariely's Battle Plan for a Condo's Dog Wars | Ask Ariely - WSJ.com
Dan Ariely's Battle Plan for a Condo's Dog Wars | Ask Ariely - WSJ.com:
Here's an imaginative solution to the problem of people not cleaning up after their dogs: "What if the condo management put money in a community fund to pay for a droppings-cleaner, as needed, and used whatever was left at the end of the month for a get-together for all dog owners and their dogs? If lots of money remained each month, the party would include food, drinks and doggy treats; if there was no money, it would just be water. This way, failing to clean up after the dogs would damage the community—the personal and social cost of these actions would increase—and people would be more careful."
Here's an imaginative solution to the problem of people not cleaning up after their dogs: "What if the condo management put money in a community fund to pay for a droppings-cleaner, as needed, and used whatever was left at the end of the month for a get-together for all dog owners and their dogs? If lots of money remained each month, the party would include food, drinks and doggy treats; if there was no money, it would just be water. This way, failing to clean up after the dogs would damage the community—the personal and social cost of these actions would increase—and people would be more careful."
Housing board files suit against couple who rented Central Park condo to tourists - NY Daily News
Housing board files suit against couple who rented Central Park condo to tourists - NY Daily News:
"Jodi and Gavin Samuels allegedly rented out their condo on Central Park West to tourists for $250 a night. The building's housing board says the Samuels violated bylaws and want them to pay $500 for each offense."
"Jodi and Gavin Samuels allegedly rented out their condo on Central Park West to tourists for $250 a night. The building's housing board says the Samuels violated bylaws and want them to pay $500 for each offense."
Friday, April 26, 2013
Illinois General Assembly - Bill Status for HB1293
Illinois General Assembly - Bill Status for HB1293
Here's a link to the Condominium Ombudsman Act page.
Here's a link to the Condominium Ombudsman Act page.
Illinois considers ombudsman for condo disputes - chicagotribune.com
State considers ombudsman for condo disputes - chicagotribune.com
Illinois homeowners at odds with their community association have little recourse. They can try to resolve the matter with the board, or they can pay an attorney to do it for them.
Another option recently was introduced to the General Assembly: HB1293, which would create the Office of the Condominium Ombudsman.
"In my role as a legislator, I receive lots and lots of calls, mostly from unit owners and some from board members, looking for relief or oversight of condo association activities," said Rep. Elaine Nekritz, D-Northbrook, who is co-sponsoring the bill with Rep. Sara Feigenholtz, D-Chicago. "People are surprised to learn there is nothing they can do other than hiring a lawyer and going to court. That isn't a very realistic solution for most people."
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This would be a huge step forward. I don't know what the chances of passage are, but the condo owners in this state desperately need a place to take their problems. Of course, CAI and the lawyers are against it, because it would reduce litigation and thus cut into their income, and it would also interfere with the command and control model they love so much. The lawyer and manager tell the board what to do, the board tells the owners what to do, and government is out of the picture.
Thursday, April 25, 2013
Do HOA security guards overstep their bounds? | www.wsbtv.com
Do HOA security guards overstep their bounds? | www.wsbtv.com: FORSYTH COUNTY, Ga. — A Channel 2 Action News investigation found private security guards pulling over drivers in several local neighborhoods.
They use lights, sirens, and even write traffic tickets, but they aren't real police officers. Channel 2 producers went undercover to catch the activity on video.
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More on the growing Privatopian constabulary. Film at 10 on Channel 2 Action News.
They use lights, sirens, and even write traffic tickets, but they aren't real police officers. Channel 2 producers went undercover to catch the activity on video.
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More on the growing Privatopian constabulary. Film at 10 on Channel 2 Action News.
HOAs Fight Solar, Homeowners Fight Back | Emily Hois
HOAs Fight Solar, Homeowners Fight Back | Emily Hois: But there’s good news for solar power enthusiasts who belong to HOAs: these lawsuits have prompted some states—about two dozen—to limit HOAs' authority to ban solar panels. In Texas, no HOA can prohibit homeowners from installing solar energy systems on their rooftops, fenced-in yards or patios. Colorado HOAs can enforce “architectural guidelines” that can restrict the placement or appearance of solar panels. However, these aesthetic provisions may not result in a significant cost increase for the resident, nor can they hinder the solar system’s efficiency. California’s Solar Rights Act of 1978 prohibits HOAs from interfering with the installation of residential solar panels, although the law does allow for “reasonable restrictions” on solar energy systems. As a result, some HOAs have opposed even modest installations.
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In Privatopia, you can stick 'em where the sun shines as long as the HOA doesn't have any issues.
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In Privatopia, you can stick 'em where the sun shines as long as the HOA doesn't have any issues.
Wednesday, April 24, 2013
What HOA issues are appropriate for federal intervention? | HOA Constitutional Government
What HOA issues are appropriate for federal intervention? | HOA Constitutional Government
George Staropoli poses this excellent question, and the answer he got from Nevada congressman Joe Heck (R-Henderson and much of Clark County) shows little understanding of the situation:
"I can certainly understand and appreciate your frustrations. Since HOAs are governed by local or state law rather than federal, it would be best to contact your state assemblyman or state senator and local county officials with your comments."
The fact is that the federal government has been heavily involved in promoting common interest housing since the 1960s, as I explained in detail in my first book on this subject way back in 1994. Hasn't he ever heard of the FHA or Fannie Mae? It is just another example of how determined public officials at every level of government are to wash their hands of any responsibility for HOAs and condo associations. The problems are so enormous, and so many people are profiting from those problems, that it becomes almost impossible to get anybody to do anything until there is a complete disaster. The Las Vegas HOA corruption ring is one example of that.
George Staropoli poses this excellent question, and the answer he got from Nevada congressman Joe Heck (R-Henderson and much of Clark County) shows little understanding of the situation:
"I can certainly understand and appreciate your frustrations. Since HOAs are governed by local or state law rather than federal, it would be best to contact your state assemblyman or state senator and local county officials with your comments."
The fact is that the federal government has been heavily involved in promoting common interest housing since the 1960s, as I explained in detail in my first book on this subject way back in 1994. Hasn't he ever heard of the FHA or Fannie Mae? It is just another example of how determined public officials at every level of government are to wash their hands of any responsibility for HOAs and condo associations. The problems are so enormous, and so many people are profiting from those problems, that it becomes almost impossible to get anybody to do anything until there is a complete disaster. The Las Vegas HOA corruption ring is one example of that.
Monday, April 22, 2013
Wall Street betting billions on single-family homes in distressed markets - The Washington Post
Wall Street betting billions on single-family homes in distressed markets - The Washington Post: MIAMI — Big investors are pouring unprecedented amounts of money into real estate hard hit by the housing crash, bringing those moribund markets back to life but raising the prospect of another Wall Street-fueled bubble that won’t be sustainable.
Drawn by the prospect of double-figure profit margins on rents and the resale of homes whose prices plummeted in the crash, hedge funds, Wall Street investors and other institutions are crowding out individual home buyers.
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Wall Street moves into Privatopia.
Drawn by the prospect of double-figure profit margins on rents and the resale of homes whose prices plummeted in the crash, hedge funds, Wall Street investors and other institutions are crowding out individual home buyers.
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Wall Street moves into Privatopia.
Sunday, April 21, 2013
Housing defect law debated: Are construction rules a godsend or drag on state's economic recovery? | Reno Gazette-Journal | rgj.com
Housing defect law debated: Are construction rules a godsend or drag on state's economic recovery? | Reno Gazette-Journal | rgj.com: The builders’ automatic legal fees issue stems from a 1995 statute that had the backing of the construction industry, said Reno lawyer Robert Maddox, who has represented homeowners in construction-defect cases for more than 40 years. “In 1995, they (builders) agreed to it because they wanted to get rid of the possibility of punitive damages and emotional distress damages,” Maddox said.
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The ongoing economic tension between housing affordability and construction quality. This is a long running public policy debate where that tension plays out.
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The ongoing economic tension between housing affordability and construction quality. This is a long running public policy debate where that tension plays out.
After a long fall, Antelope Valley is back on upswing - latimes.com
After a long fall, Antelope Valley is back on upswing - latimes.com
This L.A. Times article discusses the revival of blighted exurban Privatopia 65 miles from Los Angeles that like many such locations was decimated by foreclosures and unfinished homes and infrastructure when the real estate bubble burst.
But these communities on the distant edges of metro areas continue to have downside risk that makes them inherently economically unsustainable: so-called super commutes. "You used to be able to afford to commute," Lancaster Mayor R. Rex Parris told The Times. "Now you can't. What good is it to have a cheaper house if you can't afford to get there?"
This L.A. Times article discusses the revival of blighted exurban Privatopia 65 miles from Los Angeles that like many such locations was decimated by foreclosures and unfinished homes and infrastructure when the real estate bubble burst.
But these communities on the distant edges of metro areas continue to have downside risk that makes them inherently economically unsustainable: so-called super commutes. "You used to be able to afford to commute," Lancaster Mayor R. Rex Parris told The Times. "Now you can't. What good is it to have a cheaper house if you can't afford to get there?"
Thursday, April 18, 2013
Neighbors spell ‘stop,’ not ‘yield’ Page 1 of 2 | UTSanDiego.com
Neighbors spell ‘stop,’ not ‘yield’ Page 1 of 2 | UTSanDiego.com: Some neighbors on Jennings Street in Point Loma have thought for over a decade that traffic was speeding through their neighborhood at unacceptable speeds. Dating back to 2000, they asked the city for stop signs to slow the marauders, and the city always said no. A yellow “yield” sign was the best the city could do, the engineers said. Then last July, a stop sign appeared. And another. Who put them in? Not the city. A vigilante sign installer put up the signs, flying in the face of the law. And what do you know — it worked.
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Do it yourself speed laws. HOAs do it all the time on private streets. Here, the neighbors do it on public streets.
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Do it yourself speed laws. HOAs do it all the time on private streets. Here, the neighbors do it on public streets.
Wednesday, April 17, 2013
Spectacular frozen waterfall created in China by resident, 58, who left tap on all winter | Mail Online
Spectacular frozen waterfall created in China by resident, 58, who left tap on all winter | Mail Online
He was the only resident left in the building and he wanted to make sure his pipes didn't freeze. And the result is quite spectacular:
So in order to keep the temperature of the pipes above freezing he simply switched on the tap - and then diverted the warm water to flow down the side of the building.
He said: ‘The water running into the pipe is from underground where it is above freezing and that is stopping the water pipes in my house from freezing. If that had happened I really would have had to move out. They want me to move.
'But what they were offering was not enough for me to get another place so I'm refusing to leave. I don't have anywhere to go anyway.’
He was the only resident left in the building and he wanted to make sure his pipes didn't freeze. And the result is quite spectacular:
So in order to keep the temperature of the pipes above freezing he simply switched on the tap - and then diverted the warm water to flow down the side of the building.
He said: ‘The water running into the pipe is from underground where it is above freezing and that is stopping the water pipes in my house from freezing. If that had happened I really would have had to move out. They want me to move.
'But what they were offering was not enough for me to get another place so I'm refusing to leave. I don't have anywhere to go anyway.’
Monday, April 15, 2013
Employee used condo association credit card for jewelry - Park Ridge Herald-Advocate
Employee used condo association credit card for jewelry - Park Ridge Herald-Advocate
This is the Chicago area. Another condo association employee using the association as an ATM. Just an isolated instance, right? The story is firewalled, but here's the teaser.
MAINE TOWNSHIP — A northwest suburban woman who worked as the office manager of a condominium association used the company’s credit card to buy jewelry and luxury purses for herself, according to police. Barbara Duelfer, 51, of Des Plaines, was charged Saturday with two counts of theft over $500, two counts of forgery and two counts of unlawful use of credit cards with intent to defraud, according to a statement from the Cook County Sheriff’s police. All the charges are felonies.
This is the Chicago area. Another condo association employee using the association as an ATM. Just an isolated instance, right? The story is firewalled, but here's the teaser.
MAINE TOWNSHIP — A northwest suburban woman who worked as the office manager of a condominium association used the company’s credit card to buy jewelry and luxury purses for herself, according to police. Barbara Duelfer, 51, of Des Plaines, was charged Saturday with two counts of theft over $500, two counts of forgery and two counts of unlawful use of credit cards with intent to defraud, according to a statement from the Cook County Sheriff’s police. All the charges are felonies.
Sunday, April 14, 2013
Bill Text: AZ SB1278 | 2013 | Fifty-first Legislature 1st Regular | Engrossed | LegiScan
Bill Text: AZ SB1278 | 2013 | Fifty-first Legislature 1st Regular | Engrossed | LegiScan
This is now the law in the State of Arizona. It has been signed by the Governor. HOAs may no longer act like they own and govern the public streets. The idea that such a law is necessary--that HOAs need to be told this--should be unthinkable, but HOAs function as de facto local governments in many states, free from meaningful regulation.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1818, to read:
33-1818. Community authority over public roadways; applicability
A. NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, AFTER THE PERIOD OF DECLARANT CONTROL, AN ASSOCIATION HAS NO AUTHORITY OVER AND SHALL NOT REGULATE ANY ROADWAY FOR WHICH THE OWNERSHIP HAS BEEN DEDICATED TO OR IS OTHERWISE HELD BY A GOVERNMENTAL ENTITY.
B. THIS SECTION APPLIES ONLY TO THOSE PLANNED COMMUNITIES FOR WHICH THE DECLARATION IS RECORDED AFTER DECEMBER 31, 2014.
This is now the law in the State of Arizona. It has been signed by the Governor. HOAs may no longer act like they own and govern the public streets. The idea that such a law is necessary--that HOAs need to be told this--should be unthinkable, but HOAs function as de facto local governments in many states, free from meaningful regulation.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 33, chapter 16, article 1, Arizona Revised Statutes, is amended by adding section 33-1818, to read:
33-1818. Community authority over public roadways; applicability
A. NOTWITHSTANDING ANY PROVISION IN THE COMMUNITY DOCUMENTS, AFTER THE PERIOD OF DECLARANT CONTROL, AN ASSOCIATION HAS NO AUTHORITY OVER AND SHALL NOT REGULATE ANY ROADWAY FOR WHICH THE OWNERSHIP HAS BEEN DEDICATED TO OR IS OTHERWISE HELD BY A GOVERNMENTAL ENTITY.
B. THIS SECTION APPLIES ONLY TO THOSE PLANNED COMMUNITIES FOR WHICH THE DECLARATION IS RECORDED AFTER DECEMBER 31, 2014.
Saturday, April 13, 2013
L.A., other hot housing markets are getting frothy, report says - latimes.com
L.A., other hot housing markets are getting frothy, report says - latimes.com: "Everybody I know is trying to do flips right now. It's like the day trading of the 1990s," Nordine said. "We went straight from Armageddon to speculation; there was nothing in between this time."
Still, Nordine is advising clients to buy now if they can, citing low interest rates and low risk of another foreclosure crisis.
"That is how the American economy works now," he said. "It seems as if we just go from one bubble to the next."
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The roller coaster is climbing to the clouds again in some metro areas such as DC and LA. And when the housing market gets bubbly, it can bode ill for receipts in Privatopia. HOAs have much smaller assessment bases than municipalities and counties and consequently less ability to absorb housing market volatility and the inevitable bubble bursts and painful hiccups in assessment cash flow.
Still, Nordine is advising clients to buy now if they can, citing low interest rates and low risk of another foreclosure crisis.
"That is how the American economy works now," he said. "It seems as if we just go from one bubble to the next."
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The roller coaster is climbing to the clouds again in some metro areas such as DC and LA. And when the housing market gets bubbly, it can bode ill for receipts in Privatopia. HOAs have much smaller assessment bases than municipalities and counties and consequently less ability to absorb housing market volatility and the inevitable bubble bursts and painful hiccups in assessment cash flow.
HOA Accountability Bill Stirs Debate at Capitol | The Texas Tribune
HOA Accountability Bill Stirs Debate at Capitol | The Texas Tribune:
"A bill aimed at making nonprofit homeowners associations more financially accountable and transparent pitted homeowner activists against people representing for-profit HOA contractors on Tuesday. House Bill 3803, by state Rep. Ruth Jones McClendon, D-San Antonio, would require homeowners associations, which have government-like powers to levy assessments and foreclose on homes, to better safeguard the money they collect for the common good of the neighborhood. And it would for the first time introduce state oversight of HOAs — an elusive goal of Texas homeowner activist groups. The legislation would allow the attorney general to investigate breaches of fiduciary responsibility by board members and levy penalties of up to $20,000 per violation. That would go up to $250,000 if the violation was intended to harm an elderly Texan."
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Thanks to a kind correspondent in Texas who sent me the link to this story. It seems that money has become the root of many HOA and condo association problems, something that Tyler Berding has been saying for years now. In addition to the inadequate reserves problem that Tyler has written about, there are all the conflicts over assessment collection, attorney fee-shifting and excessive fees, questionable charges by management companies, embezzlement, and people taking over associations to milk them. During the real estate boom the slack was taken up by rising property values that made people feel flush with home equity and made sales easy. These days, money is tight, property values are stagnant, home equity is a fond memory for many people, and everybody is more easily drawn into conflict.
"A bill aimed at making nonprofit homeowners associations more financially accountable and transparent pitted homeowner activists against people representing for-profit HOA contractors on Tuesday. House Bill 3803, by state Rep. Ruth Jones McClendon, D-San Antonio, would require homeowners associations, which have government-like powers to levy assessments and foreclose on homes, to better safeguard the money they collect for the common good of the neighborhood. And it would for the first time introduce state oversight of HOAs — an elusive goal of Texas homeowner activist groups. The legislation would allow the attorney general to investigate breaches of fiduciary responsibility by board members and levy penalties of up to $20,000 per violation. That would go up to $250,000 if the violation was intended to harm an elderly Texan."
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Thanks to a kind correspondent in Texas who sent me the link to this story. It seems that money has become the root of many HOA and condo association problems, something that Tyler Berding has been saying for years now. In addition to the inadequate reserves problem that Tyler has written about, there are all the conflicts over assessment collection, attorney fee-shifting and excessive fees, questionable charges by management companies, embezzlement, and people taking over associations to milk them. During the real estate boom the slack was taken up by rising property values that made people feel flush with home equity and made sales easy. These days, money is tight, property values are stagnant, home equity is a fond memory for many people, and everybody is more easily drawn into conflict.
Friday, April 12, 2013
Dean Baker: Obama Accepts the Agenda of Misguided Washington Elites | Debate Club | US News Opinion
Obama Accepts the Agenda of Misguided Washington Elites | Debate Club | US News Opinion: "Unfortunately, rather than deal with the reality – that we need deficits to sustain demand in a context where the private sector will not do it – the politicians in Washington have gotten hysterical. This is like complaining about our use of water when the school is on fire with the kids still inside."
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The obsession with deficit reduction and austerity budgeting will probably kill the feeble economic growth we are now experiencing, just like it has done in every European country that tried it. That will cause a lot of suffering, but in Washington these days they don't seem to know or care much about the real situation that ordinary people face. That goes for both parties in Congress and the Obama administration.
Banks get bailouts, commit foreclosure fraud and even major crimes, and get slaps on the wrist. Ordinary people lose their wealth and their jobs and face foreclosure. Now a Democratic president is volunteering to cut Social Security in order to look sufficiently credible to tax-phobic rich people, whose incomes and wealth have grown spectacularly over the last three decades. Cities go begging to private investors for money to rebuild crumbling infrastructure. Teachers are being laid off and students are giving up on going to college because it is too expensive. Climate change is so far advanced that we need policies aimed at adapting to it, because at this point it can't be reversed--but instead we have congressional committee chairs who think it is a socialist hoax.
And in Washington, the big issue is deficit reduction? Quite a political system we have here, isn't it?
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The obsession with deficit reduction and austerity budgeting will probably kill the feeble economic growth we are now experiencing, just like it has done in every European country that tried it. That will cause a lot of suffering, but in Washington these days they don't seem to know or care much about the real situation that ordinary people face. That goes for both parties in Congress and the Obama administration.
Banks get bailouts, commit foreclosure fraud and even major crimes, and get slaps on the wrist. Ordinary people lose their wealth and their jobs and face foreclosure. Now a Democratic president is volunteering to cut Social Security in order to look sufficiently credible to tax-phobic rich people, whose incomes and wealth have grown spectacularly over the last three decades. Cities go begging to private investors for money to rebuild crumbling infrastructure. Teachers are being laid off and students are giving up on going to college because it is too expensive. Climate change is so far advanced that we need policies aimed at adapting to it, because at this point it can't be reversed--but instead we have congressional committee chairs who think it is a socialist hoax.
And in Washington, the big issue is deficit reduction? Quite a political system we have here, isn't it?
Broke homeowners association halts trash service in Aldine Village neighborhood | abc13.com
Broke homeowners association halts trash service in Aldine Village neighborhood | abc13.com
As Icy deLight points out in a comment (thanks for the link to this 2008 story) to the post below, there is nothing unusual about HOAs and condo associations having their utilities cut off for non-payment. That makes the place uninhabitable, the authorities take steps to make that official, and eviction of the owners is the next step. As Fred Pilot notes in his comment on the post, the attorney who says this is an unusual thing doesn't know what he's talking about. The unusual thing is for a local government to get busy and address the problem systematically instead of waiting for the "free market" to solve it. The City of Chicago is the only municipality I know of that has set up a serious program to turn failed condo buildings into apartments. In this city alone, "To date, about 150 Chicago condo buildings, from six-flats to a 36-unit building, are somewhere in the process of being converted into apartment buildings. " So don't tell me the problem is uncommon.
As Icy deLight points out in a comment (thanks for the link to this 2008 story) to the post below, there is nothing unusual about HOAs and condo associations having their utilities cut off for non-payment. That makes the place uninhabitable, the authorities take steps to make that official, and eviction of the owners is the next step. As Fred Pilot notes in his comment on the post, the attorney who says this is an unusual thing doesn't know what he's talking about. The unusual thing is for a local government to get busy and address the problem systematically instead of waiting for the "free market" to solve it. The City of Chicago is the only municipality I know of that has set up a serious program to turn failed condo buildings into apartments. In this city alone, "To date, about 150 Chicago condo buildings, from six-flats to a 36-unit building, are somewhere in the process of being converted into apartment buildings. " So don't tell me the problem is uncommon.
Thursday, April 11, 2013
Homeowners Lose Their Water, Forced To Move | WREG.com
Homeowners Lose Their Water, Forced To Move | WREG.com: Attorneys say because this is such a unique situation even the judge isn’t even sure yet how he’ll handle the problem.
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Wrong. The taps have been turned off before in attached Privatopia. When the water gives out as in this townhome HOA, Tyler Berding's stage four death spiral accelerates exponentially. Film at 10 on WREG, Memphis.
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Wrong. The taps have been turned off before in attached Privatopia. When the water gives out as in this townhome HOA, Tyler Berding's stage four death spiral accelerates exponentially. Film at 10 on WREG, Memphis.
Tuesday, April 09, 2013
State Lawmakers Try To Rein In Homeowners Associations � CBS Denver
State Lawmakers Try To Rein In Homeowners Associations � CBS Denver: “Excesses fees, fines, add-ons, charging $100 to issue a letter to a homeowner indicating that their delinquent,” Rincevich said. “If you’re delinquent there should be a penalty, but too often it’s an execution, not a penalty.”
The bill passed out of committee and is headed to the full House.
Another bill that would better track HOAs, their number, how they resolve complaints, conduct elections and determine fees, also passed out of committee Tuesday.
In all there are four bills dealing with HOAs now making their way through the legislature.
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It's legislative season and once again time for another round of HOA reform bills.
The bill passed out of committee and is headed to the full House.
Another bill that would better track HOAs, their number, how they resolve complaints, conduct elections and determine fees, also passed out of committee Tuesday.
In all there are four bills dealing with HOAs now making their way through the legislature.
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It's legislative season and once again time for another round of HOA reform bills.
The Gender Wage Gap Differs by Occupation | Center for American Progress
The Gender Wage Gap Differs by Occupation | Center for American Progress
...and "Property, real estate, and community managers" leads the list for worst gender gap, with women making 60.6% of what men make doing the very same job. And the occupation is 57.4% female. Sounds like somebody has some 'splainin' to do. Over to you, Community Associations Institute public relations staff. Maybe they should hire Zogby to do a survey of female managers and see if they like this situation.
...and "Property, real estate, and community managers" leads the list for worst gender gap, with women making 60.6% of what men make doing the very same job. And the occupation is 57.4% female. Sounds like somebody has some 'splainin' to do. Over to you, Community Associations Institute public relations staff. Maybe they should hire Zogby to do a survey of female managers and see if they like this situation.
Monday, April 08, 2013
USDOJ: Service Members to Receive $39 Million for Violations of the Servicemembers Civil Relief Act
USDOJ: Service Members to Receive $39 Million for Violations of the Servicemembers Civil Relief Act
"The Justice Department announced today that under its 2011 settlements with BAC Home Loans Servicing LP, a subsidiary of Bank of America Corporation, and Saxon Mortgage Servicing Inc., a subsidiary of Morgan Stanley, 316 service members whose homes were unlawfully foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief for alleged violations of the Servicemembers Civil Relief Act (SCRA)."
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The foreclosure mill just grinds along, using the courts to steamroll over middle class home owners who believed all that American Dream stuff about putting your wealth into real estate. Here we hundreds of unlawful foreclosures on members of the US military. It's good that something was done about it. But to call this the tip of the illegal foreclosure iceberg is gross understatement.
"The Justice Department announced today that under its 2011 settlements with BAC Home Loans Servicing LP, a subsidiary of Bank of America Corporation, and Saxon Mortgage Servicing Inc., a subsidiary of Morgan Stanley, 316 service members whose homes were unlawfully foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief for alleged violations of the Servicemembers Civil Relief Act (SCRA)."
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The foreclosure mill just grinds along, using the courts to steamroll over middle class home owners who believed all that American Dream stuff about putting your wealth into real estate. Here we hundreds of unlawful foreclosures on members of the US military. It's good that something was done about it. But to call this the tip of the illegal foreclosure iceberg is gross understatement.
Sunday, April 07, 2013
As cities lay off police, frustrated neighborhoods turn to private cops - CSMonitor.com
As cities lay off police, frustrated neighborhoods turn to private cops - CSMonitor.com:
Long known for patrolling shopping malls and gated communities, private security firms are beginning to spread into city streets. While private security has long been contracted by homeowners associations and commercial districts, the trend of groups of neighbors pooling money to contract private security for their streets is something new. Besides Oakland, neighborhoods in Atlanta and Detroit – both cities with high rates of crime – have hired firms to patrol their neighborhoods, says Steve Amitay, executive director of the National Association of Security Contractor. “It’s happening everywhere,” Mr. Amitay says. “Municipal governments and cities are really getting strapped in terms of their resources, and when a police department cuts 100 officers obviously they are going to respond to less crimes.”
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So affluent neighborhoods are starting to do what businesses have been doing since the 1970s by forming Business Improvement Districts (BIDS) and contracting for a higher level of police (and other services) than the municipality can provide. And note this: "Meanwhile, the private security industry is projected to grow by about 19 percent – from 1 million to 1.2 million guards – between 2010 and 2020, according to the Bureau of Labor Statistics. Most of that growth will come because private firms are doing jobs once held by law enforcement, according to the bureau."
Long known for patrolling shopping malls and gated communities, private security firms are beginning to spread into city streets. While private security has long been contracted by homeowners associations and commercial districts, the trend of groups of neighbors pooling money to contract private security for their streets is something new. Besides Oakland, neighborhoods in Atlanta and Detroit – both cities with high rates of crime – have hired firms to patrol their neighborhoods, says Steve Amitay, executive director of the National Association of Security Contractor. “It’s happening everywhere,” Mr. Amitay says. “Municipal governments and cities are really getting strapped in terms of their resources, and when a police department cuts 100 officers obviously they are going to respond to less crimes.”
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So affluent neighborhoods are starting to do what businesses have been doing since the 1970s by forming Business Improvement Districts (BIDS) and contracting for a higher level of police (and other services) than the municipality can provide. And note this: "Meanwhile, the private security industry is projected to grow by about 19 percent – from 1 million to 1.2 million guards – between 2010 and 2020, according to the Bureau of Labor Statistics. Most of that growth will come because private firms are doing jobs once held by law enforcement, according to the bureau."
Saturday, April 06, 2013
Mandatory sterilization for pit bulls? Page 1 of 2 | UTSanDiego.com
Mandatory sterilization for pit bulls? Page 1 of 2 | UTSanDiego.com:
In the wake of recent brutal dog attacks, the Riverside County Department of Animal Services is proposing to mandate that owners of all pit bull purebreds and mixes in unincorporated communities sterilize the animals.
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Good idea. Thanks to Fred Pilot for the link.
In the wake of recent brutal dog attacks, the Riverside County Department of Animal Services is proposing to mandate that owners of all pit bull purebreds and mixes in unincorporated communities sterilize the animals.
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Good idea. Thanks to Fred Pilot for the link.
Friday, April 05, 2013
Trayvon Martin wrongful death suit agains HOA settled
Trayvon Martin wrongful death claim more than $1 million - OrlandoSentinel.com:
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It appears that the HOA's insurer decided not to further dispute the coverage issue. As I understand the situation, Zimmerman was a volunteer, but the HOA more or less advised people to take their security concerns to him. The policy had a $1 million limit, and the story says the HOA paid at least that. Unfortunately there is a confidentiality provision so ascertaining the exact amount is impossible at this point. In any event, it will be interesting to see if HOA insurers take steps to distance themselves from this sort of liability.
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It appears that the HOA's insurer decided not to further dispute the coverage issue. As I understand the situation, Zimmerman was a volunteer, but the HOA more or less advised people to take their security concerns to him. The policy had a $1 million limit, and the story says the HOA paid at least that. Unfortunately there is a confidentiality provision so ascertaining the exact amount is impossible at this point. In any event, it will be interesting to see if HOA insurers take steps to distance themselves from this sort of liability.
Tuesday, April 02, 2013
BIDs the solution for teen mobs?
Chicago, youth mobs, Gold Coast - chicagotribune.com:
"Ald. Brendan Reilly, 42nd, has a much better idea. He's introduced an ordinance that could put off-duty cops to work in commercial districts — in uniform and under the direction of the Police Department — paid for by local merchants through local chambers of commerce, business improvement districts or special taxing districts. That makes more sense than an earlier plan to expand police powers to private security guards.
Reilly says his proposal is a stopgap, not a solution. Chicago needs hundreds more full-time cops that it can't afford. In the meantime, his proposal would give businesses the option of hiring sworn officers to supplement the police presence in their neighborhoods. The plan isn't specific to downtown, he says. But that seems like an obvious place to start, and soon. Summer's coming."
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So--protection in the business districts through hiring the cops as security guards?
"Ald. Brendan Reilly, 42nd, has a much better idea. He's introduced an ordinance that could put off-duty cops to work in commercial districts — in uniform and under the direction of the Police Department — paid for by local merchants through local chambers of commerce, business improvement districts or special taxing districts. That makes more sense than an earlier plan to expand police powers to private security guards.
Reilly says his proposal is a stopgap, not a solution. Chicago needs hundreds more full-time cops that it can't afford. In the meantime, his proposal would give businesses the option of hiring sworn officers to supplement the police presence in their neighborhoods. The plan isn't specific to downtown, he says. But that seems like an obvious place to start, and soon. Summer's coming."
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So--protection in the business districts through hiring the cops as security guards?
Stockton's bankruptcy approved - SFGate
Stockton's bankruptcy approved - SFGate:
"A federal judge on Monday granted Stockton's reluctant, nearly year-old request to become the largest city in U.S. history to go bankrupt, but not before lambasting bond creditors for stonewalling negotiations despite what he called "good-faith" efforts by the city to find a solution for its financial problems...Buoyed by tax income from the housing boom of the early 2000s, Stockton approved "overly generous" employment packages and ambitious projects, including a waterfront baseball stadium, Klein said. Then, he said, "what we now call the Great Recession" and foreclosures hit the city like a bomb. By 2011, unemployment reached 22 percent, property values plunged by more than half, and the city was in a "painful" hole, the judge said."
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The way I see it, many if not most state and local governments, special districts, and homeowner and condo associations are all facing major financial challenges. There are many reasons for this, but the most basic problem is simple: all of them have their hands in the pockets of the American middle class, and there is a finite and dwindling amount of money there.
"A federal judge on Monday granted Stockton's reluctant, nearly year-old request to become the largest city in U.S. history to go bankrupt, but not before lambasting bond creditors for stonewalling negotiations despite what he called "good-faith" efforts by the city to find a solution for its financial problems...Buoyed by tax income from the housing boom of the early 2000s, Stockton approved "overly generous" employment packages and ambitious projects, including a waterfront baseball stadium, Klein said. Then, he said, "what we now call the Great Recession" and foreclosures hit the city like a bomb. By 2011, unemployment reached 22 percent, property values plunged by more than half, and the city was in a "painful" hole, the judge said."
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The way I see it, many if not most state and local governments, special districts, and homeowner and condo associations are all facing major financial challenges. There are many reasons for this, but the most basic problem is simple: all of them have their hands in the pockets of the American middle class, and there is a finite and dwindling amount of money there.
Monday, April 01, 2013
Jim Hightower: Corporate Kangaroo Courts Supplant Our Seventh Amendment Rights
Corporate Kangaroo Courts Supplant Our Seventh Amendment Rights:
Jim Hightower on mandatory arbitration agreements inserted in consumer contracts:
"All you really need to know about today's process is that it's the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory."
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American judges are indoctrinated to believe in the sanctity of "contract" even when there was no negotiation and the party that had all the power wrote an unchangeable "take it or leave it" agreement that contained an arbitration clause, and imposed it on the consumer. The Seventh Amendment guarantees the right to jury trial in civil matters. May as well not have it, given the way contracts are being used to strip it away.
Jim Hightower on mandatory arbitration agreements inserted in consumer contracts:
"All you really need to know about today's process is that it's the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory."
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American judges are indoctrinated to believe in the sanctity of "contract" even when there was no negotiation and the party that had all the power wrote an unchangeable "take it or leave it" agreement that contained an arbitration clause, and imposed it on the consumer. The Seventh Amendment guarantees the right to jury trial in civil matters. May as well not have it, given the way contracts are being used to strip it away.
Housing market: Buyers frustrated over shortage of inventory - South Florida Sun-Sentinel.com
Housing market: Buyers frustrated over shortage of inventory - South Florida Sun-Sentinel.com:
"A few factors have contributed to the low inventory. New construction fell sharply during the housing bust, limiting the opportunities for resales now, said Walter Molony, a spokesman for the national Realtor group. When prices plunged, millions of homeowners lost equity, putting them "underwater" on their mortgages. Even though values are rebounding, many homeowners still can't sell without bringing thousands of dollars to the closing table. Meanwhile, a large contingent of homeowners who have equity are keeping their properties off the market, figuring they have weathered the downturn and now want to see prices keep rising before they consider selling."
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This has been going on for so long that it feels like the new normal. Thanks to Fred Pilot for the link.
"A few factors have contributed to the low inventory. New construction fell sharply during the housing bust, limiting the opportunities for resales now, said Walter Molony, a spokesman for the national Realtor group. When prices plunged, millions of homeowners lost equity, putting them "underwater" on their mortgages. Even though values are rebounding, many homeowners still can't sell without bringing thousands of dollars to the closing table. Meanwhile, a large contingent of homeowners who have equity are keeping their properties off the market, figuring they have weathered the downturn and now want to see prices keep rising before they consider selling."
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This has been going on for so long that it feels like the new normal. Thanks to Fred Pilot for the link.
One way to address the S.B. 1062 fee shifting issue
S.B. 1062, currently in the Maryland State Senate (see two posts on it below), deals with the problem of attorney fee shifting in covenant enforcement cases where the fees are grossly disproportionate to what is at stake in the case. Here is one way it could be amended, using the California approach. This is from California Civil Code Section 1354 b, c, d, and e, in the Davis-Stirling Common Interest Developments Act:
(f) In any action specified in subdivision (a) to enforce the
governing documents, the prevailing party shall be awarded reasonable
attorney's fees and costs. Upon motion by any party for attorney's
fees and costs to be awarded to the prevailing party in these
actions, the court, in determining the amount of the award, may
consider a party's refusal to participate in alternative dispute
resolution prior to the filing of the action.
So the court can adjust the amount of fees downward if the losing party refused to participate in ADR prior to filing of the action. Why not do the same thing with the problem addressed by S.B. 1062?--fees that are excessive not because they fail the test of the "lodestar method," (i.e., can't be justified on time and effort and ability grounds), but because the fees are ridiculous in view of how little was at stake.
Just specify in S.B. 1062 what kinds of cases it applies to, which would be covenant enforcement actions involving nonmonetary violations; define nonmonetary violations; say that this section is in addition to the factors that already apply under existing law and court rules; and then add "the court, in determining the amount of the award, may consider the degree to which the amount of the attorney's fees is reasonable in relation to the amount in controversy or the nature of the nonmonetary violation." Perhaps the language could be changed to read "the nature and seriousness" of the nonmonetary violation.
Sunday, March 31, 2013
Couple fighting HOA over removal of pit bull that chased suspect
Couple fighting HOA over removal of pit bull that chased suspect: WINTER GARDEN --�
A Winter Garden couple is fighting their homeowners association's efforts to have them get rid of their pit bull after it chased a suspect out of their home. Chris Barrella’s homeowners association says the dog is aggressive and a danger to other people in the neighborhood. Barrella says his dog was protecting his family from a suspected kidnapper in an incident that sparked the HOA’s accusation.
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I'm not a pit bull fan. I think all of them should be sterilized tomorrow. But maybe this one deserves a little leniency? Thanks to Fred Pilot for the link.
A Winter Garden couple is fighting their homeowners association's efforts to have them get rid of their pit bull after it chased a suspect out of their home. Chris Barrella’s homeowners association says the dog is aggressive and a danger to other people in the neighborhood. Barrella says his dog was protecting his family from a suspected kidnapper in an incident that sparked the HOA’s accusation.
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I'm not a pit bull fan. I think all of them should be sterilized tomorrow. But maybe this one deserves a little leniency? Thanks to Fred Pilot for the link.
Foreclosed 'Zombie' Homes Exceed 300,000 Properties: Study
Foreclosed 'Zombie' Homes Exceed 300,000 Properties: Study
"ORLANDO, Fla., March 28 (Reuters) - A national survey found 301,874 "zombie" properties dotting the U.S. landscape in which homeowners in foreclosure have moved out, leaving vacant property susceptible to vandalism and degradation. Florida tops the list of zombie properties with 90,556 vacant homes in foreclosure, according to a foreclosure inventory released on Thursday by RealtyTrac, a real estate information company in Irvine, California. Illinois and California ranked a distant second and third with 31,668 and 28,821 zombie properties respectively on the list...According to the Reuters special report, municipalities are left to deal with the mess when people move out after receiving a notice of a planned foreclosure sale that the bank then cancels. Some spend public funds on securing, cleaning and stabilizing houses that generate no tax revenue. Others let the houses rot."
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"ORLANDO, Fla., March 28 (Reuters) - A national survey found 301,874 "zombie" properties dotting the U.S. landscape in which homeowners in foreclosure have moved out, leaving vacant property susceptible to vandalism and degradation. Florida tops the list of zombie properties with 90,556 vacant homes in foreclosure, according to a foreclosure inventory released on Thursday by RealtyTrac, a real estate information company in Irvine, California. Illinois and California ranked a distant second and third with 31,668 and 28,821 zombie properties respectively on the list...According to the Reuters special report, municipalities are left to deal with the mess when people move out after receiving a notice of a planned foreclosure sale that the bank then cancels. Some spend public funds on securing, cleaning and stabilizing houses that generate no tax revenue. Others let the houses rot."
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A lot of these homes are in associations, and in many cases the associations are zombies, too. But look who is left to clean up (or not) behind the wreckage created by the housing market: municipalities. And they remain unprepared to do much of anything.
Friday, March 29, 2013
Former U.S. Marine told his flagpole violates Hypoluxo code | www.palmbeachpost.com
Former U.S. Marine told his flagpole violates Hypoluxo code | www.palmbeachpost.com: And it’s not the first time Palm Beach County residents have been told their American flags may have to come down because of code violations. Schaffer joins a group that includes a former Marine from Jupiter, a North Palm Beach businesswoman, a car dealer magnate and even Donald Trump, all who’ve had their run-ins with code violations over their American flags.
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Now muni officials are instigating flag flaps that are widespread in Privatopia.
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Now muni officials are instigating flag flaps that are widespread in Privatopia.
Security door fight swings in homeowner's favor - Houston Chronicle
Security door fight swings in homeowner's favor - Houston Chronicle: According to a letter from the HOA, the board of directors voted to allow any security door that was installed prior to July 1, 2010, the date AMI Houston assumed the association's management. (At least two other homeowners have installed burglar bars because of crime issues, HOA officials confirmed.)
"I appreciate the homeowners association and [developer and president] Mr. Michael Johnson for working with me. I am glad to see this matter is solved," said Babineaux, 57. "I just wanted them to leave me alone about my door."
The lesson here for homeowners and HOAs is that Texas law has a four-year statute of limitations on deed restrictions.
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I guess treating deed restrictions as giving rise to legal claims and subjecting them to a statute of limitations makes sense given the frequency of regime change in Privatopia.
"I appreciate the homeowners association and [developer and president] Mr. Michael Johnson for working with me. I am glad to see this matter is solved," said Babineaux, 57. "I just wanted them to leave me alone about my door."
The lesson here for homeowners and HOAs is that Texas law has a four-year statute of limitations on deed restrictions.
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I guess treating deed restrictions as giving rise to legal claims and subjecting them to a statute of limitations makes sense given the frequency of regime change in Privatopia.
Wednesday, March 27, 2013
What is S.B. 1062 about?
I testified at the Maryland State Senate hearing yesterday in support of S.B. 1062. The hearing was long and emotional at times, as unit owners told how they have been subjected to foreclosure actions by association lawyers seeking up to $70,000 in fees on top of fines in the hundreds of dollars. The current draft of the bill was done in haste because of legislative scheduling issues, and it will be redrafted. As written, it doesn't clearly explain what is intended.
Senator Muse is the sponsor. The work to date has been done by attorney Larry Holzman, who represents Brian Hanrahan, a unit owner who has been through an incredible experience with his association and who testified at the hearing about his case.
Here it is in plain language, the way I understand it.
1. Association governing documents usually contain fee-shifting provisions that allow the association to recover its attorney fees from unit owners if the association prevails in an action to enforce the governing documents.
2. This would happen in two kinds of cases--either assessment collection, or enforcement of non-monetary provisions of the documents (pets, parking, architectural review, etc.)
3. Existing statutes and rules in Maryland already authorize judges to do a "reasonableness" review of these claims, but only concerning the amount of the fees. In other words, judges already have the power to refuse to shift the association's fees to the owner, if the fees are excessive. This is what the court did in the recent case of Monmouth Meadows Homeowners Association, Inc., v. Tiffany Hamilton, 416 Md. 325 (2010).
4. But what if the association lawyer is able to document that the amount of fees is reasonable, in the limited sense of satisfying the existing criteria--skill, hours billed, rate, and so forth--but the issue is whether the legal expenses are grossly disproportionate to the alleged offense? For example, the association runs up $70,000 in fees over a $250 charge for a (bogus) parking violation (as happened to Brian and Judith Hanrahan--Brian testified at the hearing; and see also Farran v. Olde Belhaven Townhome Association, where a political sign led to gazillions in fees).
5. As I understand it, the point of S.B. 1062 is to give judges the power to deny or reduce attorney fees to association lawyers who manage to win a case that never should have been brought in the first place. The court would assess not just the reasonableness of the amount of the fee, but the reasonableness of the action itself, when you compare the incredible cost to the nonexistent or trivial alleged benefit.
6. The focus of this bill is not assessment collection, but covenant enforcement cases. The language in the bill about a rebuttable presumption of reasonableness is not (as I understand it) going to be in the next version (the Judicial Council opposed the bill because they think it tinkers with existing law on how courts review attorney fees, and this issue needs to be addressed). But the bill will still treat the two kinds of cases differently. This is because associations need their assessment stream in order to remain solvent. If they have to hire lawyers to collect assessments, they should be able to recover their collection costs and fees, but judges need to scrutinize the amount of the fees to make sure the lawyers aren't churning and the costs and fees are reasonable. Judges already have that power in Maryland (see Monmouth Meadows for the way they do that in Maryland). [note: I realize that some people who read this blog want to wreck all associations financially, so they think association shouldn't be able to collect fees in court, but I think that position is irresponsible and morally objectionable and I won't argue it with you.] But associations don't need the money they get from fines. They don't become insolvent because somebody doesn't pay a $50 fine for painting their mailbox the wrong shade of beige. And when a lawyer seizes on a case like this and runs up thousands of dollars in fees in the course of suing the owner, a judge should be able to say, "OK, you win on the paint job, but the association has to pay its own attorney." Why? Because fee shifting is an exception to the general rule that parties pay their own lawyers, and it should be allowed only when there is a real purpose to shifting the fee. Making lawyers wealthy isn't a good enough reason to shift the fees. As the court said in Monmouth Meadows, quoting the United States Supreme Court, “fee shifting statutes…are not intended as ‘a form of economic relief to improve the financial lot of attorneys[.]’” [416 Md. 336]
7. This would discourage associations from intimidating or persecuting unit owners, it would keep ridiculous cases that only enrich lawyers out of the courts, and it would force association boards to think for themselves and exercise some independent judgment instead of suing every time their lawyer tells them to, influenced by the promise that the association won't have to pay for it.
8. Predictably, CAI showed up and opposed the bill. They send a non-lawyer from the Maryland legislative action committee who claimed that she didn't know about any abusive cases, boards are responsible, CAI wants to be involved in the conversation, and so forth. The usual fare. It was not an effective performance, but you can expect them to roll in the big guns (i.e., the lawyers who have gotten rich using fee-shifting provisions) if this bill goes forward.
So that's the general idea. I think this is a good bill that focuses attention on a problem that I have been writing about for decades.
Senator Muse is the sponsor. The work to date has been done by attorney Larry Holzman, who represents Brian Hanrahan, a unit owner who has been through an incredible experience with his association and who testified at the hearing about his case.
Here it is in plain language, the way I understand it.
1. Association governing documents usually contain fee-shifting provisions that allow the association to recover its attorney fees from unit owners if the association prevails in an action to enforce the governing documents.
2. This would happen in two kinds of cases--either assessment collection, or enforcement of non-monetary provisions of the documents (pets, parking, architectural review, etc.)
3. Existing statutes and rules in Maryland already authorize judges to do a "reasonableness" review of these claims, but only concerning the amount of the fees. In other words, judges already have the power to refuse to shift the association's fees to the owner, if the fees are excessive. This is what the court did in the recent case of Monmouth Meadows Homeowners Association, Inc., v. Tiffany Hamilton, 416 Md. 325 (2010).
4. But what if the association lawyer is able to document that the amount of fees is reasonable, in the limited sense of satisfying the existing criteria--skill, hours billed, rate, and so forth--but the issue is whether the legal expenses are grossly disproportionate to the alleged offense? For example, the association runs up $70,000 in fees over a $250 charge for a (bogus) parking violation (as happened to Brian and Judith Hanrahan--Brian testified at the hearing; and see also Farran v. Olde Belhaven Townhome Association, where a political sign led to gazillions in fees).
5. As I understand it, the point of S.B. 1062 is to give judges the power to deny or reduce attorney fees to association lawyers who manage to win a case that never should have been brought in the first place. The court would assess not just the reasonableness of the amount of the fee, but the reasonableness of the action itself, when you compare the incredible cost to the nonexistent or trivial alleged benefit.
6. The focus of this bill is not assessment collection, but covenant enforcement cases. The language in the bill about a rebuttable presumption of reasonableness is not (as I understand it) going to be in the next version (the Judicial Council opposed the bill because they think it tinkers with existing law on how courts review attorney fees, and this issue needs to be addressed). But the bill will still treat the two kinds of cases differently. This is because associations need their assessment stream in order to remain solvent. If they have to hire lawyers to collect assessments, they should be able to recover their collection costs and fees, but judges need to scrutinize the amount of the fees to make sure the lawyers aren't churning and the costs and fees are reasonable. Judges already have that power in Maryland (see Monmouth Meadows for the way they do that in Maryland). [note: I realize that some people who read this blog want to wreck all associations financially, so they think association shouldn't be able to collect fees in court, but I think that position is irresponsible and morally objectionable and I won't argue it with you.] But associations don't need the money they get from fines. They don't become insolvent because somebody doesn't pay a $50 fine for painting their mailbox the wrong shade of beige. And when a lawyer seizes on a case like this and runs up thousands of dollars in fees in the course of suing the owner, a judge should be able to say, "OK, you win on the paint job, but the association has to pay its own attorney." Why? Because fee shifting is an exception to the general rule that parties pay their own lawyers, and it should be allowed only when there is a real purpose to shifting the fee. Making lawyers wealthy isn't a good enough reason to shift the fees. As the court said in Monmouth Meadows, quoting the United States Supreme Court, “fee shifting statutes…are not intended as ‘a form of economic relief to improve the financial lot of attorneys[.]’” [416 Md. 336]
7. This would discourage associations from intimidating or persecuting unit owners, it would keep ridiculous cases that only enrich lawyers out of the courts, and it would force association boards to think for themselves and exercise some independent judgment instead of suing every time their lawyer tells them to, influenced by the promise that the association won't have to pay for it.
8. Predictably, CAI showed up and opposed the bill. They send a non-lawyer from the Maryland legislative action committee who claimed that she didn't know about any abusive cases, boards are responsible, CAI wants to be involved in the conversation, and so forth. The usual fare. It was not an effective performance, but you can expect them to roll in the big guns (i.e., the lawyers who have gotten rich using fee-shifting provisions) if this bill goes forward.
So that's the general idea. I think this is a good bill that focuses attention on a problem that I have been writing about for decades.
Tuesday, March 26, 2013
About to testify in support of S.B. 1062
So here I am in Maryland, getting ready to testify before the Judicial Proceedings Committee of the Maryland State Senate in support of S.B. 1062, summarizes as follows:
"Prohibiting a governing body of a homeowners association or council of unit owners of a condominium from demanding, collecting, or seeking to recover attorney's fees from a lot owner or unit owner unless the amount of the attorney's fees is reasonable in relation to the amount in controversy or the nature of a specified violation; establishing that, in a specified action against a lot owner or unit owner, there is a specified rebuttable presumption that attorney's fees sought are reasonable; etc."
The bill is sponsored by Sen. C. Anthony Muse, whose district is in Prince George's County.
"Prohibiting a governing body of a homeowners association or council of unit owners of a condominium from demanding, collecting, or seeking to recover attorney's fees from a lot owner or unit owner unless the amount of the attorney's fees is reasonable in relation to the amount in controversy or the nature of a specified violation; establishing that, in a specified action against a lot owner or unit owner, there is a specified rebuttable presumption that attorney's fees sought are reasonable; etc."
The bill is sponsored by Sen. C. Anthony Muse, whose district is in Prince George's County.
Monday, March 25, 2013
Bimini bay: arrested bimini bay developer taps HOA funds - OrlandoSentinel.com
Bimini bay: arrested bimini bay developer taps HOA funds - OrlandoSentinel.com: The developer of the half-built Bimini Bay resort in Davenport withdrew more than $16,000 from the homeowner association's accounts the same day he was arrested earlier this month and accused of stealing from homeowners' utility payments, according to association records.
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Privatopia sometimes resembles a company town -- the developer's.
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Privatopia sometimes resembles a company town -- the developer's.
Saturday, March 23, 2013
15 Mid-Century Modern Dream Homes that will Kill Your Children | projectophile
15 Mid-Century Modern Dream Homes that will Kill Your Children | projectophile
"The clean lines, the geometric decorative elements, the seamless blending of indoor and outdoor space… I sure do love mid-century modern architecture. Do you know what I love more? My children. And that is why I will never live in my MCM dream home. Because mid-century modern architecture is designed to KILL YOUR CHILDREN. (Also, moderately clumsy or drunk adults)."
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"The clean lines, the geometric decorative elements, the seamless blending of indoor and outdoor space… I sure do love mid-century modern architecture. Do you know what I love more? My children. And that is why I will never live in my MCM dream home. Because mid-century modern architecture is designed to KILL YOUR CHILDREN. (Also, moderately clumsy or drunk adults)."
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HOA, homeowner at odds over security door - Houston Chronicle
HOA, homeowner at odds over security door - Houston Chronicle
Babineaux said he appealed to the homeowners association, which, at that time, told him to take whatever precautions he deemed necessary to protect his home. So, the METRO bus driver had wrought-iron security doors installed on the front and rear entrances of his house. The metal barrier facing the street also has a tinted background panel.
"When I found out they were breaking in and doing things, I hurried up and had these doors built," Babineaux said, adding that the job cost him about $1,200. "These two doors have saved me. I love these doors. I can sleep good at night."
But recently, a new regime at the HOA has told him to remove the fortification from the front of his home.
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Regime change has come to this corner of Privatopia. And the new regime has a different take on the CC&Rs when it comes to this inmate's cell door.
Babineaux said he appealed to the homeowners association, which, at that time, told him to take whatever precautions he deemed necessary to protect his home. So, the METRO bus driver had wrought-iron security doors installed on the front and rear entrances of his house. The metal barrier facing the street also has a tinted background panel.
"When I found out they were breaking in and doing things, I hurried up and had these doors built," Babineaux said, adding that the job cost him about $1,200. "These two doors have saved me. I love these doors. I can sleep good at night."
But recently, a new regime at the HOA has told him to remove the fortification from the front of his home.
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Regime change has come to this corner of Privatopia. And the new regime has a different take on the CC&Rs when it comes to this inmate's cell door.
Wednesday, March 20, 2013
The House Across From Westboro Baptist Is Getting a Rainbow Pride Paint Job Right Now | TPM News
The House Across From Westboro Baptist Is Getting a Rainbow Pride Paint Job Right Now | TPM News
Ordinarily I don't think much of people who paint their houses so as to annoy the neighbors, but in this case I love it.
Ordinarily I don't think much of people who paint their houses so as to annoy the neighbors, but in this case I love it.
Tuesday, March 19, 2013
Haunting images of abandoned 'ghost' towns from across the world | Mail Online
Haunting images of abandoned 'ghost' towns from across the world | Mail Online
Amazing photos, and a good reminder of the impermanence of things. In 50 years, how many CIDs will be ghost towns? The construction quality of many new developments is so poor that in years past it would have been acceptable only for a movie set.
Amazing photos, and a good reminder of the impermanence of things. In 50 years, how many CIDs will be ghost towns? The construction quality of many new developments is so poor that in years past it would have been acceptable only for a movie set.
Saturday, March 16, 2013
Boca Quay's HOA bans skateboards, scoooters, kids outraged over lack of places to play
Boca Quay's HOA bans skateboards, scoooters, kids outraged over lack of places to play: BOCA RATON, Fla. - Every single home in the Boca Quay gated community got a letter saying that skateboards, roller blades, bicycles, scooters, toys and ball playing are not permitted in roadways, walkways or common grounds.
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The grinch has struck again, and it isn't even Christmas.
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The grinch has struck again, and it isn't even Christmas.
Friday, March 15, 2013
It's complicated evicting delinquent owners - chicagotribune.com
It's complicated evicting delinquent owners - chicagotribune.com:
"Illinois is the only state that gives associations the remedy of temporary possession to satisfy judgments against owners who are in arrears. Associations in other states typically initiate foreclosure proceedings and are awarded permanent possession of the unit. "We have a more humane way of doing things," Fullett said. "It's also a faster, less-expensive procedure than a foreclosure."
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As Sean Connery said in The Untouchables, "It's the Chicago way."
"Illinois is the only state that gives associations the remedy of temporary possession to satisfy judgments against owners who are in arrears. Associations in other states typically initiate foreclosure proceedings and are awarded permanent possession of the unit. "We have a more humane way of doing things," Fullett said. "It's also a faster, less-expensive procedure than a foreclosure."
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As Sean Connery said in The Untouchables, "It's the Chicago way."
Thursday, March 14, 2013
Cerabino: Presidential politics have nothing on Kings Point... | www.palmbeachpost.com
Cerabino: Presidential politics have nothing on Kings Point... | www.palmbeachpost.com
Thanks to George Staropoli for the pointer to this article. Reading this, I find myself wondering why the press and especially the courts so uncritically accept the industry line that CIDs are democracies. There are so many irregularities (to put it mildly) in condo and HOA elections that I don't see how it can be assumed that the popular will prevails. And that is added to the culture of non-participation that prevails in most associations.
Thanks to George Staropoli for the pointer to this article. Reading this, I find myself wondering why the press and especially the courts so uncritically accept the industry line that CIDs are democracies. There are so many irregularities (to put it mildly) in condo and HOA elections that I don't see how it can be assumed that the popular will prevails. And that is added to the culture of non-participation that prevails in most associations.
Wednesday, March 06, 2013
Municipal duties move to 'burbs as HOAs must step in
Municipal duties move to 'burbs as HOAs must step in
"It's the most dramatic privatization of local government services that we've ever seen," said Evan McKenzie, a political science professor at the University of Illinois at Chicago and author of Privatopia: Homeowner Associations and the Rise of Residential Private Government.
Transferring these responsibilities to homeowner associations places more of a financial burden on individual homeowners and drives up the overall cost of housing, McKenzie said.
The costly repairs of aging streets or retaining ponds can become too much for a small group of residents in the community, particularly as many HOAs continue to reel from the lost revenue created by foreclosures, he said.
"I just think as a short-term solution to the fiscal problems of cities, what they created potentially is a long-term problem," McKenzie said.
"At some point, my question is this: Is not the responsibility going to come back to the municipality? They'll have slums on their hands."
Saturday, March 02, 2013
Attorney represents association board, not the homeowners - DailyHerald.com
Attorney represents association board, not the homeowners - DailyHerald.com
David Bendoff is absolutely right, of course. But it is interesting to note the way some other industry lawyers play games with this somewhat confusing relationship when they are doing the PR routine. When some of these industry attorneys (such as the one I was on the air with on KNPR the other day--see below) are talking to the media and extolling the virtues of HOAs and condo associations they often claim that the owners ARE the association. He used almost those exact words.
But then we descend from the clouds into the real world of association affairs and the actual relationship between the lawyer, the association, and the owners, which David Bendoff accurately and honesty describes. When an owner tries to get information from the association lawyer about anything specific, the lawyer refuses. Why? Because he or she represents the association, which is a corporation with a separate legal existence, and not the owners. Going a step further, as David Bendoff explains, in reality representing the association means representing the board of directors, because the association is just a fictitious legal entity. The directors are the real client. This is just the nature of corporation organization, and it is important to understand. That's why I wish the media would stop uncritically repeating all the warm and fuzzy community/town meeting propaganda. This is a business arrangement.
David Bendoff is absolutely right, of course. But it is interesting to note the way some other industry lawyers play games with this somewhat confusing relationship when they are doing the PR routine. When some of these industry attorneys (such as the one I was on the air with on KNPR the other day--see below) are talking to the media and extolling the virtues of HOAs and condo associations they often claim that the owners ARE the association. He used almost those exact words.
But then we descend from the clouds into the real world of association affairs and the actual relationship between the lawyer, the association, and the owners, which David Bendoff accurately and honesty describes. When an owner tries to get information from the association lawyer about anything specific, the lawyer refuses. Why? Because he or she represents the association, which is a corporation with a separate legal existence, and not the owners. Going a step further, as David Bendoff explains, in reality representing the association means representing the board of directors, because the association is just a fictitious legal entity. The directors are the real client. This is just the nature of corporation organization, and it is important to understand. That's why I wish the media would stop uncritically repeating all the warm and fuzzy community/town meeting propaganda. This is a business arrangement.
Computer theft puts HOA residents' personal info in unknown hands | www.wftv.com
Computer theft puts HOA residents' personal info in unknown hands | www.wftv.com: KISSIMMEE, Fla. —Kissimmee police said a thief now has the bank account information for thousands of people who belong to a homeowners' association.
A property management company for six communities in Osceola, Orange and Polk counties had its computer server stolen Monday, police said.
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The need for data security -- a big issue in other industries that retain personal information -- also applies in Privatopia as this incident illustrates.
A property management company for six communities in Osceola, Orange and Polk counties had its computer server stolen Monday, police said.
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The need for data security -- a big issue in other industries that retain personal information -- also applies in Privatopia as this incident illustrates.
Thursday, February 28, 2013
California bill would ban smoking in multi-unit housing - Real Estate - The Sacramento Bee
California bill would ban smoking in multi-unit housing - Real Estate - The Sacramento Bee: Levine's bill would permit outdoor smoking near apartments or condos, but only in a clearly marked area that is at least 20 feet from any housing unit and 100 feet from a playground, school or pool.
Landlords, property managers, building owners or homeowners associations would select the outdoor smoking area. Condominium neighbors collaboratively would choose a site.
"Neighbors usually work together to figure those things out," Levine said.
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If you go 'em, smoke 'em. Outside.
Landlords, property managers, building owners or homeowners associations would select the outdoor smoking area. Condominium neighbors collaboratively would choose a site.
"Neighbors usually work together to figure those things out," Levine said.
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If you go 'em, smoke 'em. Outside.
Lawmaker hopes state post would keep condo disputes out of court - chicagotribune.com
Lawmaker hopes state post would keep condo disputes out of court - chicagotribune.com
Proposal from state representative Elaine Nekritz to create a condo ombudsperson in Illinois. Here is a link to the full text of the bill. How about this section?
Proposal from state representative Elaine Nekritz to create a condo ombudsperson in Illinois. Here is a link to the full text of the bill. How about this section?
| 17 | (3) Anecdotal accounts of abuses within condominium | |
| 18 | communities create continuing public demand for reform of | |
| 19 | condominium property law. This results in frequent changes | |
| 20 | to the law, making it more difficult to understand and | |
| 21 | apply and imposing significant transitional costs on | |
| 22 | condominium communities statewide. By collecting empirical | |
| 23 | data on the nature and incidence of problems within | |
| 24 | condominium communities, a Condominium Ombudsperson will | |
| 25 | provide a sound basis for prioritizing reform efforts, | |
| 26 | thereby increasing the stability of condominium property |
State Supreme Court holds key to condo assessment case - chicagotribune.com
State Supreme Court holds key to condo assessment case - chicagotribune.com
This is firewalled and requires registration, but it is a good story. Thanks for the link to Trib reporter Pam McKuen, who really knows her stuff. Illinois treats condo owners as if they were tenants for assessment collection purposes, allowing associations to evict them using the housing court that landlords use. So--isn't turnabout fair play? Shouldn't owners be allowed to use "repair and deduct" just like tenants do? If you want a copy of the appellate court opinion that is now being appealed to the Illinois Supreme Court, send me a private email at "ecmlaw at gmail dot com".
This is firewalled and requires registration, but it is a good story. Thanks for the link to Trib reporter Pam McKuen, who really knows her stuff. Illinois treats condo owners as if they were tenants for assessment collection purposes, allowing associations to evict them using the housing court that landlords use. So--isn't turnabout fair play? Shouldn't owners be allowed to use "repair and deduct" just like tenants do? If you want a copy of the appellate court opinion that is now being appealed to the Illinois Supreme Court, send me a private email at "ecmlaw at gmail dot com".
"When Lisa Carlson stopped paying her condominium assessments nearly four years ago, she never expected that her legal battle over a leaky roof, bulging drywall and cracked ceilings would wind up before the state Supreme Court.
An appeals court paved the way, ruling that Carlson, of Highland Park, could use her condo board's alleged failure to repair the roof as a defense against its efforts to evict her.
"I stopped paying my assessments because the bottom line is that the board refused to fix the water damage," Carlson said. "To me this has become a cause. This is about more than me."
The case has captured the attention of state and national condo association organizations worried that an Illinois Supreme Court decision in Carlson's favor will make it much more difficult to collect fees from recalcitrant residents."
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The case is:
SPANISH COURT TWO CONDOMINIUM ASSOCIATION, Plaintiff and Counterdefendant-Appellee and Cross-Appellant, v. LISA CARLSON, Defendant and Counterplaintiff-Appellant and Cross-Appellee.
No. 2-11-0473
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
2012 IL App (2d) 110473; 979 N.E.2d 891; 2012 Ill. App. LEXIS 924
June 27, 2012, Opinion Filed
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The case is:
No. 2-11-0473
APPELLATE COURT OF ILLINOIS, SECOND DISTRICT
2012 IL App (2d) 110473; 979 N.E.2d 891; 2012 Ill. App. LEXIS 924
June 27, 2012, Opinion Filed
Wednesday, February 27, 2013
HOA's Not a Favorite Subject of Incoming House Speaker | HOA Management | The Premier Home Homeowner Association Management Directory
HOA's Not a Favorite Subject of Incoming House Speaker | HOA Management:
"Incoming Speaker of the House Mark Ferrandino brings a very personal perspective� on homeowners associations to the Colorado General Assembly when it convenes� next week.
He’s not a fan."
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As time goes by more and more legislators will have personal experience with HOAs and condo associations, and the hyper-technical, smoke-and-mirrors, leave-it-to-the-industry approach that prevails today will likely change in favor of broader discussions. At least, I hope so.
"Incoming Speaker of the House Mark Ferrandino brings a very personal perspective� on homeowners associations to the Colorado General Assembly when it convenes� next week.
He’s not a fan."
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As time goes by more and more legislators will have personal experience with HOAs and condo associations, and the hyper-technical, smoke-and-mirrors, leave-it-to-the-industry approach that prevails today will likely change in favor of broader discussions. At least, I hope so.
Tuesday, February 26, 2013
Las Vegas HOA corruption probe continues
"Federal prosecutors have charged nearly 40 conspirators in the scheme to take over Las Vegas Valley homeowners associations. But more than four years after the investigation became public, they still haven't revealed the full extent of the massive scheme. New details likely will surface as prosecutors prepare for the next phase of the long-running investigation: the trial of Leon Benzer, accused of being the "architect" of the corruption scheme, and 10 other defendants indicted with him in January."
http://www.lvrj.com/news/hoa-corruption-probe-keeps-digging-193094241.html
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I was on Nevada Public Radio the other day with the state ombudsperson, an HOA lawyer, and an owner advocate. It was a good conversation. But there was something that kept going through my mind that I never got a chance to say, so here it is.
Nevada is one of the few states that has any state-level oversight of HOAs and condos. They have the ombudsperson and a state commission, and they have a pretty comprehensive statutory scheme that was the result of also having a legislator, state Senator Mike Schneider, who knows a lot about this issue area and cares about it. Compared with the almost-total absence of oversight that is the norm in nearly all other states, Nevada is at the forefront of regulation of CIDs. I mean, in nearly every other state, if you report something like this, there is nowhere to turn except the courts. Every state and local government official will just tell you to go file a civil suit, which few people can afford to do. And if somebody does that, after 7 years of litigation and $100,000 in legal fees they will have...what? Maybe a declaratory judgment? Maybe small damages, and an appeal by the association? Maybe a big fat goose egg? It is unpredictable. And everybody in the neighborhood will hate you for making them pay the association's attorney fees. Private litigation may be necessary and can be effective in some cases, but clearly it can't be the only answer.
But in Nevada, there are other avenues. However, despite all that Nevada has put in place, the biggest HOA corruption ring ever discovered in the United States was running a gigantic, multi-million dollar fraud operation involving at least 11 associations. They took over these associations and turned them into ATMs, using association funds to pay themselves and shake down developers and insurance companies. And it was the US Attorney's office and the FBI, not state officials, that brought down this empire of corruption.
So, I have to ask myself what the prospects are for effective regulation of CIDs, if something of this magnitude can happen right under the noses of state officials whose job it was to provide oversight. I am not blaming or even criticizing these officials. As the attorney on the KNPR radio show said, maybe there is no way (under the current laws) to prevent something like this from happening. That is a scary thought.
And if that is true, as it may well be, I am saying that maybe we need to take a much more comprehensive look at what would really need to be put in place, if we were to take seriously the job of protecting CID unit owners and others against inappropriate, illegal, and even felonious actions of CID boards and their professionals. If an oversight commission, an ombudsperson, and a detailed statutory scheme are inadequate to prevent multi-million dollar takeovers and ripoffs, what is needed? Or are our state legislatures content to allow these predations to continue?
Maybe the time has come for federal congressional hearings. Maybe we need national legislation mandating much more public disclosure, transparency, and accountability from developers, local governments, CIDs, and the professionals who profit from their proliferation. Maybe more.
I would be interested in hearing what readers have to say. However, I will say at the outset that those who keep saying they want to "abolish HOAs" need to understand that it isn't that simple, and they need to educate themselves about why this institution has spread so fast. Local governments and developers are very dependent on this form of housing, and that isn't going to change anytime soon. So...what is to be done?
http://www.lvrj.com/news/hoa-corruption-probe-keeps-digging-193094241.html
--------------------
I was on Nevada Public Radio the other day with the state ombudsperson, an HOA lawyer, and an owner advocate. It was a good conversation. But there was something that kept going through my mind that I never got a chance to say, so here it is.
Nevada is one of the few states that has any state-level oversight of HOAs and condos. They have the ombudsperson and a state commission, and they have a pretty comprehensive statutory scheme that was the result of also having a legislator, state Senator Mike Schneider, who knows a lot about this issue area and cares about it. Compared with the almost-total absence of oversight that is the norm in nearly all other states, Nevada is at the forefront of regulation of CIDs. I mean, in nearly every other state, if you report something like this, there is nowhere to turn except the courts. Every state and local government official will just tell you to go file a civil suit, which few people can afford to do. And if somebody does that, after 7 years of litigation and $100,000 in legal fees they will have...what? Maybe a declaratory judgment? Maybe small damages, and an appeal by the association? Maybe a big fat goose egg? It is unpredictable. And everybody in the neighborhood will hate you for making them pay the association's attorney fees. Private litigation may be necessary and can be effective in some cases, but clearly it can't be the only answer.
But in Nevada, there are other avenues. However, despite all that Nevada has put in place, the biggest HOA corruption ring ever discovered in the United States was running a gigantic, multi-million dollar fraud operation involving at least 11 associations. They took over these associations and turned them into ATMs, using association funds to pay themselves and shake down developers and insurance companies. And it was the US Attorney's office and the FBI, not state officials, that brought down this empire of corruption.
So, I have to ask myself what the prospects are for effective regulation of CIDs, if something of this magnitude can happen right under the noses of state officials whose job it was to provide oversight. I am not blaming or even criticizing these officials. As the attorney on the KNPR radio show said, maybe there is no way (under the current laws) to prevent something like this from happening. That is a scary thought.
And if that is true, as it may well be, I am saying that maybe we need to take a much more comprehensive look at what would really need to be put in place, if we were to take seriously the job of protecting CID unit owners and others against inappropriate, illegal, and even felonious actions of CID boards and their professionals. If an oversight commission, an ombudsperson, and a detailed statutory scheme are inadequate to prevent multi-million dollar takeovers and ripoffs, what is needed? Or are our state legislatures content to allow these predations to continue?
Maybe the time has come for federal congressional hearings. Maybe we need national legislation mandating much more public disclosure, transparency, and accountability from developers, local governments, CIDs, and the professionals who profit from their proliferation. Maybe more.
I would be interested in hearing what readers have to say. However, I will say at the outset that those who keep saying they want to "abolish HOAs" need to understand that it isn't that simple, and they need to educate themselves about why this institution has spread so fast. Local governments and developers are very dependent on this form of housing, and that isn't going to change anytime soon. So...what is to be done?
Sunday, February 24, 2013
NY Supreme Court sides with homeowners association in records dispute | Riverhead News Review
Supreme Court sides with homeowners association in records dispute | Riverhead News Review
Before going to court last year, the trio asked to see financial records of the Windcrest East Homeowners Association, a request that was granted provided the homeowners drove to Queens to see the records in person. After they could not settle the matter with the association, the homeowners filed the petition against its board of directors, saying the board violated state property law and community bylaws by storing the financial records away from their complex on Golden Spruce Drive in Calverton.
But Justice William Rebolini issued a judgment Jan. 24 in favor of the association, sayings laws were not violated and that the trip to Queens was not an undue inconvenience.
Before going to court last year, the trio asked to see financial records of the Windcrest East Homeowners Association, a request that was granted provided the homeowners drove to Queens to see the records in person. After they could not settle the matter with the association, the homeowners filed the petition against its board of directors, saying the board violated state property law and community bylaws by storing the financial records away from their complex on Golden Spruce Drive in Calverton.
But Justice William Rebolini issued a judgment Jan. 24 in favor of the association, sayings laws were not violated and that the trip to Queens was not an undue inconvenience.
McKenzie and others talk about HOAs on KNPR
In case you want to hear me and three other people talking about HOA's in Nevada, here is the link to the KNPR (Nevada Public Radio) show from Thursday, 2/21/13.
http://www.knpr.org/son/archive/detail2.cfm?SegmentID=9762&ProgramID=2717
http://www.knpr.org/son/archive/detail2.cfm?SegmentID=9762&ProgramID=2717
Saturday, February 23, 2013
SB 33 Senate Bill - INTRODUCED
SB 33 Senate Bill - INTRODUCED: THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 53395 of the Government Code is amended to read: 53395. (a) The Legislature finds and declares that the state and federal governments have withdrawn in whole or in part from their former role in financing major, regional, or communitywide infrastructure, including highways and interchanges, sewage treatment and water reclamation works, water supply and treatment works, flood control and drainage works, schools, libraries, parks, parking facilities, open space, and seismic retrofit and rehabilitation of public facilities. (b) The Legislature further finds and declares that the methods available to local agencies to finance public works often place an undue and unfair burden on buyers of new homes, especially for public works that benefit the broader community. (c) The Legislature further finds and declares that the absence of practical and equitable methods for financing both regional and local public works leads to a declining standard of public works, a reduced quality of life and decreased safety for affected citizens, increased objection to otherwise desirable development, and excessive costs for homebuyers.
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This bill if enacted could help reverse the trend of the past four decades to shift the burden of infrastructure costs to homebuyers and mandatory membership common interest developments that effectively impose a second layer of residential property taxation via HOA assessments.
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This bill if enacted could help reverse the trend of the past four decades to shift the burden of infrastructure costs to homebuyers and mandatory membership common interest developments that effectively impose a second layer of residential property taxation via HOA assessments.
Adolf Hitler stumping for votes in Indian election
News from The Associated Press: GAUHATI, India (AP) -- Adolf Hitler is running for election in India. So is Frankenstein.
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And here I thought this was about an HOA election.
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And here I thought this was about an HOA election.
Friday, February 22, 2013
Snowplow driver covers up cars and blocks driveways—on purpose | The Sideshow - Yahoo! News
Snowplow driver covers up cars and blocks driveways—on purpose | The Sideshow - Yahoo! News: The snowplow driver calling himself Dogg has been ticking off a lot of people.
Mark Hussey, who plows the streets of Lowell, Mass., for a private contractor, made a video of himself as he buried cars in the white stuff and blocked driveways by pushing back the snow shoveled off of them. The worst part: He's loving every minute of it.
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As the perfessor would say, ain't privatization grand?
Mark Hussey, who plows the streets of Lowell, Mass., for a private contractor, made a video of himself as he buried cars in the white stuff and blocked driveways by pushing back the snow shoveled off of them. The worst part: He's loving every minute of it.
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As the perfessor would say, ain't privatization grand?
Wednesday, February 20, 2013
Zombie foreclosures: Borrowers hit with debts that won’t die | KDVR.com – Denver News, Weather & Sports from FOX 31 News in Denver, Colorado
Zombie foreclosures: Borrowers hit with debts that won’t die | KDVR.com – Denver News, Weather & Sports from FOX 31 News in Denver, Colorado: NEW YORK (CNNMoney) — Borrowers are discovering that their foreclosed homes are coming back to haunt them — long after they have moved out.
In these “zombie foreclosures,” borrowers move out after their bank schedules a foreclosure auction only to learn months or years later that the auction never took place or the bank never transferred the deed. That means the borrower still technically owns the house and is on the hook for property taxes, fees and homeowners’ association dues.
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Zombie mortgagees team up with HOA Frankensteins. You can check out any time you like, but you can never leave.
In these “zombie foreclosures,” borrowers move out after their bank schedules a foreclosure auction only to learn months or years later that the auction never took place or the bank never transferred the deed. That means the borrower still technically owns the house and is on the hook for property taxes, fees and homeowners’ association dues.
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Zombie mortgagees team up with HOA Frankensteins. You can check out any time you like, but you can never leave.
Tuesday, February 19, 2013
Rumble at California country-club meeting - Associated Press - POLITICO.com
Rumble at California country-club meeting - Associated Press - POLITICO.com: RANCHO MIRAGE, Calif. - Fists of fury flew in ritzy surroundings in the Mojave Desert this weekend. The latest big fight in Las Vegas? Nope. A homeowners’ association meeting at a Palm Springs-area country club.
The meeting at the seemingly genteel Springs Country Club, a private golf and tennis club and gated community in Rancho Mirage, turned into an all-out brawl that hospitalized two people when members threw punches - and even chairs - over a board of directors election.
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Another account of the rumble in Privatopia. You want somma dis?
The meeting at the seemingly genteel Springs Country Club, a private golf and tennis club and gated community in Rancho Mirage, turned into an all-out brawl that hospitalized two people when members threw punches - and even chairs - over a board of directors election.
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Another account of the rumble in Privatopia. You want somma dis?
Brawl breaks out at HOA meeting in Rancho Mirage | The Desert Sun | mydesert.com
Brawl breaks out at HOA meeting in Rancho Mirage | The Desert Sun | mydesert.com:
"According to Riverside County Sheriff’s Deputy Myling Bordeau, at about 4 p.m., deputies responded to numerous calls regarding a fight at The Springs’ clubhouse at 75 Columbia Drive. The brouhaha erupted after the results of the board member election were announced, Bordeau said. “Some people were upset that a certain person won and began yelling at him and pushing him,” Bordeau said. The yelling and pushing quickly escalated to chair throwing, fist fighting and tackling."
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And a security guard drew his gun. Fun and games all the way around.
"According to Riverside County Sheriff’s Deputy Myling Bordeau, at about 4 p.m., deputies responded to numerous calls regarding a fight at The Springs’ clubhouse at 75 Columbia Drive. The brouhaha erupted after the results of the board member election were announced, Bordeau said. “Some people were upset that a certain person won and began yelling at him and pushing him,” Bordeau said. The yelling and pushing quickly escalated to chair throwing, fist fighting and tackling."
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And a security guard drew his gun. Fun and games all the way around.
Cactus Springs board members claim HOA president misused funds - www.ktnv.com
Cactus Springs board members claim HOA president misused funds - www.ktnv.com:
"It looks like fraud," explained Cactus Springs board member Rain Liu. Rain and another board member, Linda Laine, filed a lawsuit in January because of what they call a massive fraud perpetrated against the HOA. The lawsuit calls Hays the mastermind of ring of thieves who are accused of using up more than $300,000 of homeowners money in just seven months.
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After so many incidents of fraud and embezzlement across the nation, some running into the millions of dollars, you might think that state legislatures would be writing laws to create oversight of HOA and condo association finances. You might think they would be concerned about protecting owners who are at risk of losing a great deal of money from unaccountable board members, officers, and professionals. You might think the massive Las Vegas fraud ring alone would be enough to wake up legislatures. But you would be wrong.
"It looks like fraud," explained Cactus Springs board member Rain Liu. Rain and another board member, Linda Laine, filed a lawsuit in January because of what they call a massive fraud perpetrated against the HOA. The lawsuit calls Hays the mastermind of ring of thieves who are accused of using up more than $300,000 of homeowners money in just seven months.
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After so many incidents of fraud and embezzlement across the nation, some running into the millions of dollars, you might think that state legislatures would be writing laws to create oversight of HOA and condo association finances. You might think they would be concerned about protecting owners who are at risk of losing a great deal of money from unaccountable board members, officers, and professionals. You might think the massive Las Vegas fraud ring alone would be enough to wake up legislatures. But you would be wrong.
Monday, February 18, 2013
Suspects Arrested In Connection With Grate Thefts Along Interstate 95 � CBS Philly
Suspects Arrested In Connection With Grate Thefts Along Interstate 95 � CBS Philly
Ain't privatization grand? Guess who has been stealing the metal grates that cover big gaping drains on the interstate highway?
"According to PennDOT, they have been “mysteriously disappearing” over the last year, putting drivers in danger. Then came news of an arrest on Tuesday of four men, subcontractors hired by PennDOT to maintain the highways."
Ain't privatization grand? Guess who has been stealing the metal grates that cover big gaping drains on the interstate highway?
"According to PennDOT, they have been “mysteriously disappearing” over the last year, putting drivers in danger. Then came news of an arrest on Tuesday of four men, subcontractors hired by PennDOT to maintain the highways."
The Era Of Giant Chain Stores Is Over - Business Insider
The Era Of Giant Chain Stores Is Over - Business Insider
From James Kunstler:
"Though the public hasn't groked it yet, WalMart and its kindred malignant organisms have entered their own yeast-overgrowth death spiral. In a now permanently contracting economy the big box model fails spectacularly. Every element of economic reality is now poised to squash them."
From James Kunstler:
"Though the public hasn't groked it yet, WalMart and its kindred malignant organisms have entered their own yeast-overgrowth death spiral. In a now permanently contracting economy the big box model fails spectacularly. Every element of economic reality is now poised to squash them."
Kabul’s ‘Car Guantanamo,’ Where Vehicles Rot and Trust Goes to Die - NYTimes.com
Kabul’s ‘Car Guantanamo,’ Where Vehicles Rot and Trust Goes to Die - NYTimes.com
Car Gitmo. Sounds like a bad dream out of George Staropoli's "New America of HOA Land."
Car Gitmo. Sounds like a bad dream out of George Staropoli's "New America of HOA Land."
The Orwellian world of Privatopia
Check out this proposed Arizona legislation that bars local governments from generally mandating common interest developments -- unless they choose to do so for a specific development. Loophole. Mack truck.
Sunday, February 17, 2013
you guys are weird: I think I would rather live in a haunted house than one governed by a Homeowners' Association
you guys are weird: I think I would rather live in a haunted house than one governed by a Homeowners' Association
Thanks to Shu Bartholomew for this link. It's a funny reaction to the Washington Post article linked below.
Thanks to Shu Bartholomew for this link. It's a funny reaction to the Washington Post article linked below.
Wednesday, February 13, 2013
Pay assessments first, challenge them later!
Homeowners association: Homeowners association bill proposed - OrlandoSentinel.com
"Homeowners behind on their community-association dues would have to make good on the full amount before fighting the charges, under proposed legislation that would also bring state oversight to Florida's homeowner associations. Sen. Alan Hays, R-Umatilla, filed a bill this week that would essentially fast-track community associations' ability to foreclose on houses or condo units with unpaid dues. If a homeowner did not deposit the unpaid balance in a special registry as directed by a court, the association could foreclose immediately on the house. Currently, owners can contest associations' charges in a process that can stretch out for years."
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With condo associations becoming insolvent, the industry wants to keep them from going under. The solution? Make the owners pay first, challenge assessments later. Making life harder for owners is the default solution for most problems, it seems.
Fairfax homeowners group humbled by court battle with residents - The Washington Post
Fairfax homeowners group humbled by court battle with residents - The Washington Post:
The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign. The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed....“Their growth means there are a lot of people in HOAs who haven’t necessarily bought into the lifestyle,” said Evan McKenzie, a University of Illinois professor who has written two books on HOAs. “Some like the higher level of rulemaking, but others don’t like the fines and control. You have conflict when these groups come together.”
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Good story from the Washington Post on this horribly expensive lawsuit.
The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign. The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed....“Their growth means there are a lot of people in HOAs who haven’t necessarily bought into the lifestyle,” said Evan McKenzie, a University of Illinois professor who has written two books on HOAs. “Some like the higher level of rulemaking, but others don’t like the fines and control. You have conflict when these groups come together.”
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Good story from the Washington Post on this horribly expensive lawsuit.
Monday, February 11, 2013
How A Homeowners Association Went Bankrupt Because Of One Obama Yard Sign – The Consumerist
How A Homeowners Association Went Bankrupt Because Of One Obama Yard Sign – The Consumerist: Back in 2008, a couple in Olde Fairhaven, Virginia put up a sign in their lawn showing their support for a presidential candidate. This simple action led to a feud that has raged for years and cost the neighborhood homeowners association hundreds of thousands of dollars. Now the HOA is broke, and the central “town square” that turns a clump of townhouses into something resembling a community is up for sale.
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Well played, HOA board of directors and law firm. Did you learn anything? Did any other HOA board learn anything?
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Well played, HOA board of directors and law firm. Did you learn anything? Did any other HOA board learn anything?
Honduras allows corporations to set up private cities
Inside Story - Al Jazeera English:
"Honduras revives the idea of the charter city - free-market enclaves where corporations can operate virtually under their own rules.
"Honduras is a place that has been devastated for literally centuries by the oligarchs. But now there are some laws that get in their way and they would like to get rid of those laws .... They simply see this as yet another way to increase their wealth at the expense of other folks."
- William Black, a professor of economics and law"
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"Honduras revives the idea of the charter city - free-market enclaves where corporations can operate virtually under their own rules.
"Honduras is a place that has been devastated for literally centuries by the oligarchs. But now there are some laws that get in their way and they would like to get rid of those laws .... They simply see this as yet another way to increase their wealth at the expense of other folks."
- William Black, a professor of economics and law"
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Sunday, February 10, 2013
Fairfax homeowners group humbled by court battle with residents - The Washington Post
Fairfax homeowners group humbled by court battle with residents - The Washington Post The feud that consumed Fairfax County’s Olde Belhaven would span four years and cost the community as much as $400,000, and it was ignited by one of the smallest of sparks: an Obama for President sign. The modest placard Sam and Maria Farran planted in their yard during the 2008 election put them on a collision course with the neighborhood homeowners association. It was four inches taller than the association’s covenants allowed. “Need I say more! This would lead to chaos,” a neighbor fretted in an e-mail about the precedent that would be set if the sign wasn’t removed. “Our property values would be put at risk.”
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The horror! The horror! HOA Apocalypse Now! (The perfessor is quoted)
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The horror! The horror! HOA Apocalypse Now! (The perfessor is quoted)
Saturday, February 09, 2013
TEXAS – Jury Decides for Homeowners – $1,356,880 Awarded Homeowners; $616,678 for Attorney Fees « HOA Reform Coalition
TEXAS – Jury Decides for Homeowners – $1,356,880 Awarded Homeowners; $616,678 for Attorney Fees « HOA Reform Coalition
" Houston – Years of frustration and lawsuits finally ended Friday February 8, 2013, when a group of homeowners at The Landing Condominium in El Lago, Texas, won their case before a Harris County jury. Maintaining that the Board of Directors of the Association failed to follow the Condominium Declaration, Bylaws and the Texas Property Code after Hurricane Ike, the homeowners, led by Mary Lou Durham and Lee Ann Wheelbarger, sought and won their damages and attorney fees for the demolition of their condominiums.
" Houston – Years of frustration and lawsuits finally ended Friday February 8, 2013, when a group of homeowners at The Landing Condominium in El Lago, Texas, won their case before a Harris County jury. Maintaining that the Board of Directors of the Association failed to follow the Condominium Declaration, Bylaws and the Texas Property Code after Hurricane Ike, the homeowners, led by Mary Lou Durham and Lee Ann Wheelbarger, sought and won their damages and attorney fees for the demolition of their condominiums.
Attorneys Andy Taylor, Mitchell Katine and Gregory Cagle represented the homeowners in this case."
Friday, February 08, 2013
USA v. Mariner's Cove Townhomes Association
As part of the Hurricane Katrina repairs, the federal government used eminent domain to demolish 14 townhome units, and paid "just compensation" to the unit owners. The townhome association demanded compensation for loss of assessment revenue. The Fifth Circuit Court of Appeals ruled that no compensation is required because, "...the right to collect assessments is a real covenant that functions like a contract and...is not 'directly connected with the physical substance of the land.'" The court notes that the majority view requires compensation for lost assessment revenue when units are taken, but then goes on to adopt the minority view. Why? Private covenants might unduly burden government's ability to exercise the power of eminent domain, and this intriguing language: "Another theory is that real covenants
are akin to contracts; that no contract of private persons can make acts done in
the proper exercise of governmental powers, and not directly encroaching upon
private property, a taking; and that “contracts purporting to do this are void, as
against public policy.” United States v. Certain Lands (In re Newlin), 112 F. 622,
aff’d, 153 F. 876 (C.C.R.I. 1907)."
are akin to contracts; that no contract of private persons can make acts done in
the proper exercise of governmental powers, and not directly encroaching upon
private property, a taking; and that “contracts purporting to do this are void, as
against public policy.” United States v. Certain Lands (In re Newlin), 112 F. 622,
aff’d, 153 F. 876 (C.C.R.I. 1907)."
Monday, February 04, 2013
Judge who shoved deputy found not guilty by reason of insanity - chicagotribune.com
Judge who shoved deputy found not guilty by reason of insanity - chicagotribune.com
This is not from The Onion:
"Brim has been hospitalized five times since her 1994 election after going off her anti-psychotic meds, according to testimony. In 2004, firefighters removed her from a courtroom and took her to a hospital, said psychiatrist Matthew Markos. Brim was hospitalized for 20 days after her arrest last year, he said. Markos said at the time Brim was hospitalized, she was catatonic, confused, irrational and showing signs of paranoia and psychosis. Brim was re-elected to another six-year term as a judge in November. She was backed by the Cook County Democratic Party as well as the Committee for Retention of Judges in Cook County, a campaign committee funded by judges."
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This is not from The Onion:
"Brim has been hospitalized five times since her 1994 election after going off her anti-psychotic meds, according to testimony. In 2004, firefighters removed her from a courtroom and took her to a hospital, said psychiatrist Matthew Markos. Brim was hospitalized for 20 days after her arrest last year, he said. Markos said at the time Brim was hospitalized, she was catatonic, confused, irrational and showing signs of paranoia and psychosis. Brim was re-elected to another six-year term as a judge in November. She was backed by the Cook County Democratic Party as well as the Committee for Retention of Judges in Cook County, a campaign committee funded by judges."
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Yes, you read that correctly. Brim has been on the bench in Chicago since 1994, despite being psychotic. She has been psychiatrically hospitalized five times, most recently last year, which didn't prevent her from being re-elected for another 6 years with the backing of the Cook County Democratic Party and the judges' retention committee. Sure, we all have our stories about judges, but I invite you to top this one.
In rush to urbanize, China flattens 700 mountains
In rush to urbanize, China flattens 700 mountains:
"Despite environmental concerns about the project's feasibility and long-term impact on this arid, polluted region, a government-hired private developer is slicing the tops off 700 low-level, barren mountains and filling in the valleys to create a 10-square-mile base for "Lanzhou New City," 8 miles from Gansu's grimy capital."
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Urban planning, Chinese style. "I am striving to win honor for Chinese people," says Yan, nicknamed "the Bulldozer."
"Despite environmental concerns about the project's feasibility and long-term impact on this arid, polluted region, a government-hired private developer is slicing the tops off 700 low-level, barren mountains and filling in the valleys to create a 10-square-mile base for "Lanzhou New City," 8 miles from Gansu's grimy capital."
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Urban planning, Chinese style. "I am striving to win honor for Chinese people," says Yan, nicknamed "the Bulldozer."
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