Friday, May 24, 2013

Las Vegas remains a deep underwater desert

 
Zillow report provides insight into Las Vegas housing market - www.ktnv.com: The area with the highest percentage of under water homes -- more than 70 percent -- is located in North Las Vegas, specifically the 89030 zip code. That's bordered by Pecos, Cheyenne and Owens.

A $140,000 home a few years ago is now worth only about $40,000. Homeowners are walking away from their property and business owners are concerned.

But, there's some light at the end of the tunnel. Home prices have gone up 30 percent since this time last year, and continue to rise.

Thursday, May 16, 2013

Loudon County seeks change in real estate law � Knoxville News Sentinel

Loudon County seeks change in real estate law � Knoxville News Sentinel: The proposed changes to the law would exempt county governments from paying property owners association assessments after acquiring the properties in tax-delinquency sales. Under current law, counties are responsible for paying such assessments if they acquire the property.

Making changes to the law has been a controversial process, said state Rep. Jimmy Matlock, R-Lenoir City.

“It has nationwide ramifications. It might turn upside down 150 years of real estate law,” he said.
---------
The county wants to have it both ways.  It creates a private property taxation scheme by mandating the formation of residential private governments -- homeowner associations -- but then wants to exempt itself from those private assessments.  If Loudon and other counties throughout the United States don't want to be liable for the additional layer of property taxation that they themselves have put in place, then they need to revisit their policies that require private financing and governance of residential developments via mandatory HOAs.

Loudon County seeks change in real estate law » Knoxville News Sentinel

Loudon County seeks change in real estate law » Knoxville News Sentinel
Thanks to Shu Bartholomew for this link.  For decades, municipalities have been imposing CIDs on home buyers in order to reap a tax windfall.  Now the bill is coming due.  Local governments foreclose on home owners for unpaid property taxes, and discover that they have to pony up thousands of dollars in unpaid HOA assessments.  So now they want the law to be changed. This would stick the HOAs with the losses, of course.


Legislators representing Loudon County will go back to the drawing board to work on changes in real estate law that could affect the disposition of tax-delinquent properties across the state. The issue in Loudon came to a head last October when 293 tax-delinquent properties in Tellico Village were removed from public auction because the county would have been liable for hundreds of thousands of dollars in ongoing property owners association fees. The proposed changes to the law would exempt county governments from paying property owners association assessments after acquiring the properties in tax-delinquency sales. Under current law, counties are responsible for paying such assessments if they acquire the property.

Wednesday, May 15, 2013

'Freedom Room' Is A Model For Tiny Homes Inspired By Prison Inmates' Experiences (PHOTOS)

'Freedom Room' Is A Model For Tiny Homes Inspired By Prison Inmates' Experiences (PHOTOS)

These tiny homes were designed based on the insights of some unusual consultants:

"But the most surprising consultants on the project were inmates from one of Italy’s high-security prisons in Spoleto. According to the team, these citizens are the ideal candidates for weighing in on flexible and adaptable living environments."

No doubt.  Extend this principle and maybe real estate developers could enlist convicts to create HOA and condo association rules.  After all, they are accustomed to living in close proximity to each other, sharing their community's amenities, and accepting limitations on their freedom.  These are all the things the industry says people need to accept in order to live in CIDs, aren't they?

The Weeklies

The Weeklies
"In the Denver suburbs, as in much of the U.S., the Great Recession turned formerly stable families into the new homeless—and left many living in budget hotels...Across the country, suburban poverty rose by more than half in the first decade of the new century. Families now find themselves navigating landscapes that were built around wealth: single-family houses that are sold, not rented; too few apartment buildings; and government agencies hidden at the far edge of the suburban ring, more responsive to trash-pickup complaints than rising hunger rates.  The Ramada families became homeless because they could no longer pay rents and mortgages and found little help to slow their fall."

Tuesday, May 14, 2013

Alderman meets with bond experts on buying back parking meters - Chicago Sun-Times

Alderman meets with bond experts on buying back parking meters - Chicago Sun-Times
Mayor Emanuel says there is no way this horrible privatization deal, made by former Mayor Daley, can be unwound, but Alderman Reilly claims he has talked with bond experts who say it is possible. The fun part of this is that when Daley stepped down as mayor, he went to work for the law firm that advised the city on the horrible deal.


"City Hall sources said Emanuel’s legal and financial teams explored “every available option, including finding a way out” of the widely-despised parking meter deal. But, former Mayor Richard M. Daley’s decision to drain nearly all of the parking meter proceeds to balance his last few budgets without raising taxes took the re-acquisition option off the table, the sources said."

The Murky Ethics and Uncertain Longevity of Privately Financed Public Parks - Alex Ulam - The Atlantic Cities

The Murky Ethics and Uncertain Longevity of Privately Financed Public Parks - Alex Ulam - The Atlantic Cities
Thanks to UIC Political Science doctoral student Doug Cantor for this link, which should be instructive for all those who think the trend toward privatization of local government functions is likely to be reversed anytime soon.  But as with CID housing, the long term financing of private parks is a question mark:


"But unlike the great public parks built in previous eras, the new generation of flagship parks is almost completely dependent upon massive private support for its survival. Design decisions and the responsibility for maintenance and operations budgets have been outsourced to quasi-governmental organizations and "Friends" groups. The problem? It's unclear whether these kinds of public-private partnerships can be financially self-sustaining without completely selling out. To obtain private financing for parks, cities are selling naming rights, setting aside of sections of parkland for commercial development and allowing periodic closing of parks for fundraisers. Also in the toolkit are special tax districts to provide direct revenue streams for parks and the granting of controversial zoning concessions to private developers in exchange for donations."

Monday, May 13, 2013

Chris Brown outrages neighbours by painting goblins on his house | Music | guardian.co.uk

Chris Brown outrages neighbours by painting goblins on his house | Music | guardian.co.uk



Patti Negri, president of the Hollywood Dell Civic Association, told the LA Times: "There are lots of babies, lots of children, and they're literally frightened. It's like devils on the wall – big scary eyes and big scary teeth, and just the whole vibe is not what we're used to." LA City Code officials have already responded to complaints, ordering Brown to remove the paintings and fining him $376 (£244) for "unpermitted and excessive signage". The figure could rise if he does not comply within 30 days. "I know a $300 fine is probably pocket change," Ms Negri added. "But hopefully and maybe, he'll just see the light and decide to be a good neighbour. We're happy to have him – if he just tones it down." But it looks unlikely that her wishes will be heeded. Brown's lawyer Mark Geragos has already hit back at the actions of what he calls "busybodies", saying the neighbours are waging a campaign of continual harassment against the singer. He said: "I'm scared of neighbourhood busybodies like this. They've called animal control. They have sicced parking [enforcement] on him, and now they reached the heights of ridiculousness here. Shame on them."
-------------------
So the children are frightened of these paintings?  Really?  They must be living sheltered lives, given the state of popular culture in the US these days.

Saturday, May 11, 2013

One by one, homes in Calif. subdivision sinking - Yahoo! News

One by one, homes in Calif. subdivision sinking - Yahoo! News

"LAKEPORT, Calif. (AP) — Scott and Robin Spivey had a sinking feeling that something was wrong with their home when cracks began snaking across their walls in March. The cracks soon turned into gaping fractures, and within two weeks their 600-square-foot garage broke from the house and the entire property — manicured lawn and all — dropped 10 feet below the street. It wasn't long before the houses on both sides collapsed as the ground gave way in the Spivey's neighborhood in Lake County, about 100 miles north of San Francisco."
----------------------
Sinking feeling, indeed. And it seems that the cause isn't clear, although the consensus seems to be that groundwater is involved. Thanks to Fred Pilot for this link.

Suit filed over Rancho Mirage HOA meeting fight | The Desert Sun | mydesert.com

Suit filed over Rancho Mirage HOA meeting fight | The Desert Sun | mydesert.com: Thomas Moore, 52, who was hospitalized after suffering a seizure and neck injuries during the incident is suing The Springs Community Association, the HOA, board members, several homeowners and the security company hired to provide security to the association, according to his March 15 lawsuit filed in Riverside County Superior Court.

Moore contends the association, as well as the security firm, Universal Protection Service and its head of security, David Archerfailed to properly supervise the meeting and keep him safe.
------------
A premises liability claim stemming from an HOA board meeting that turned into a brawl.

Friday, May 10, 2013

Durango area couple gives up catwalk fight - The Denver Post

Durango area couple gives up catwalk fight - The Denver Post: DURANGO, Colo.—A Durango area couple is giving up their fight to keep a 13-foot escape route for their cats outside their apartment.

http://matchbin-assets.s3.amazonaws.com/public/sites/2218/assets/ESXW_Catwalk_Confrontation_Ingr.jpg
Martha Spence and her husband built the catwalk from a window to a nearby tree to allow their two cats to go outside from their second-floor unit whenever they wanted. The Durango Herald (http://bit.ly/YKl7Jb) reported that they agreed to take it down Thursday at the request of the development's homeowners association.

The couple had planned to appeal the board's request but Spence said her husband wasn't able to take off work to pursue it.

Neighbors objected to the look of the catwalk and also worried children would try to use it. In addition, the association says its regulations bar pets from roaming free in the development.
------------
Clotheslines, swingsets, flagpoles, playhouses. But a catwalk? This is a first.  Meow.

Thursday, May 09, 2013

Religion Clause: Puerto Rico Federal Court Issues Opinion Explaining Its Prior Order On Proselytizers' Access To Gated Communities

Religion Clause: Puerto Rico Federal Court Issues Opinion Explaining Its Prior Order On Proselytizers' Access To Gated Communities
"In a long-running free-exercise/ free-speech case, in March a the federal district court in Puerto Rico, on remand from the 1st Circuit, ordered neighborhood homeowners' associations (urbanizations) that allow entry into the neighborhood only through an unmanned locked gate operated by a key, access code or beeper to provide Jehovah's Witnesses who wish to proselytize in the neighborhood access equal to that of residents."
-------------
Thanks to Mystery Reader for the link to this interesting case, which is explained on law professor Howard Friedman's blog.

Gwyneth Paltrow -- Gate Rights Advocate | TMZ.com

Gwyneth Paltrow -- Gate Rights Advocate | TMZ.com

TMZ has learned ... one of Gwyneth's Brentwood neighbors claims she and hubby Chris Martin built a 9-foot-tall gate in front of their mansion -- WAY ABOVE the legal limit of 6 feet -- and it's an eyesore...The L.A. City Department of Building and Safety confirmed that it's investigating, and Gwyneth will have 45 days to fix any violations ... or face more than $900 in fines. 
------------------
Somehow I think the specter of "more than $900 in fines" won't ring many alarm bells at Chez Paltrow.


Tuesday, May 07, 2013

Lines drawn in battle over foreclosure law's constitutionality - The Denver Post

Lines drawn in battle over foreclosure law's constitutionality - The Denver Post: In question is a law that allows a lawyer to sign a document known as a qualified-holder statement attesting the right of his client, usually a bank or other lender, to foreclose without the need to prove it owns the underlying mortgage.

The statement simply says the lawyer's client is the holder of the original evidence of debt, or the mortgage on the house. And there's no penalty if the lawyer is wrong.

Stratford neighborhood homeowners react to treasurers charges - WRDW.com - News for Greater Augusta and Aiken

Stratford neighborhood homeowners react to treasurers charges - WRDW.com - News for Greater Augusta and Aiken: "You assume that when you're paying your homeowners association dues, that the board is taking care of the money and putting it where it needs to be," Passey said.

Columbia County Investigator Tom Digsby, has been on the case since neighbors noticed the money was missing.

He says Vanover was the only one in charge of finances, and that led her on a personal spending spree.

"She was just using the associations bank account as though it were her own," Digsby said.
----------
Yet another case of an HOA treasurer allegedly using the treasury as a personal ATM.  Film at 10 on News 12 Atlanta.

Monday, May 06, 2013

The Housing Market Recovery Is ‘A Complete Hoax’ - Truthdig

The Housing Market Recovery Is ‘A Complete Hoax’ - Truthdig
"Homeownership is at its lowest level in 18 years, but housing prices are rising. Why? Because banks are creating real estate scarcity by buying up homes and selectively stalling foreclosures.
CounterPunch contributor Mike Whitneyreminds us that in recent years the Federal Reserve has kept lending rates low. This has allowed Private Equity firms to buy up lots of homes with money they have to pay very little to borrow. The result is the appearance that Americans are buying again. But as the homeownership rate shows, they’re not. Investors are, and this is keeping prices artificially high."
-----------------
Investors are buying condo units and single family homes and renting them out to people, many of whom have lost their homes to foreclosure. Are we headed toward being a nation of renters instead of homeowners?

Sunday, May 05, 2013

Woodlands seeking to shut down Tamarac activist's website - South Florida Sun-Sentinel.com

Woodlands seeking to shut down Tamarac activist's website - South Florida Sun-Sentinel.com: The Woodlands Homeowners Association has threatened to sue one of its residents, a self-proclaimed "loudmouth" who has a website about the going-ons within the community.

An attorney for the law firm Becker & Poliakoff sent Sharon Aron Baron a letter ordering her to shut down the website by May 12. The letter says the domain name, and some of the information within the site such as real estate listings, imply the site is affiliated with the homeowners association.

"This site is tarnishing the distinctive quality of the association's trade name and injuring its reputation," wrote attorney Michael De Biase.
-----------
It's not called Privatopia for nothing.  Even HOA names are private property.

Saturday, May 04, 2013

Green Cove Springs woman arrested over dispute about nativity scene, according to Sheriff's Office | jacksonville.com

Green Cove Springs woman arrested over dispute about nativity scene, according to Sheriff's Office | jacksonville.com: Kathleen Sue Thomas, 61, was attending the Silver Creek Homeowners Association meeting at the Lake Asbury Elementary School library on Sandridge Road about 7:30 p.m. Thursday when the Sheriff’s Office said she threw a box, hitting another woman on the head, according to the arrest report. Thomas was charged with battery and resisting arrest after she left in her vehicle when deputies tried to detain her, according to the Sheriff’s Office.

At issue is Thomas’ lawn ornaments, which included figures depicting the nativity scene with Mary, Joseph and Jesus. The homeowners association sent Thomas several notices to remove the figures from her front lawn but she disagreed.
-----------
In Privatopia, dust ups over Christmas lights and lawn displays can play out all year long.

Friday, May 03, 2013

S.A. homeowner says HOA sued him $200,000 over "ridiculous" violations | kens5.com San Antonio

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.
-----------
The community association industry bar hard at work ginning up frivolous fees and litigation.  Get a real job.

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.

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.

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.
--------------------------
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.
-------------
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.
-------------
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."

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."

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."

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.

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."

---------------
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.
------------
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.
 --------------
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.


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.
----------------
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.
--------------
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?"

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.
-------
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.’

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.

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.

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."
-------------
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."
-------------
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."
-----------
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.

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.
-------------
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.
---------------
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.