Wednesday, December 04, 2013
Tuesday, December 03, 2013
O.C. neighborhood ordered to take down Christmas lights - latimes.com
O.C. neighborhood ordered to take down Christmas lights - latimes.com: The strands of Christmas lights strung across a suburban Orange County street were meant to unite neighbors during the holidays. Instead, the brightly colored decorations have left them entangled in red tape.
The canopy of lights that bring a festive glow to a Wagon Wheel neighborhood when the sun goes down are an “unpermitted encroachment” in the eyes on county officials, who’ve ordered them removed.
But residents in the subdivision tucked in the foothills of Trabuco Canyon said they have no plans to take down the lights that zigzag above the street -- despite warnings that they could be fined or even prosecuted if they fail to remove the display by nightfall Wednesday.
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It's that time of year again, boys and girls, when the HOA grinch steals Christmas and orders holiday lights and displays taken down. However in this instance, the HOA is taking a hands off stance and county code enforcers are playing Scrooge and crying "bah humbug!"
The canopy of lights that bring a festive glow to a Wagon Wheel neighborhood when the sun goes down are an “unpermitted encroachment” in the eyes on county officials, who’ve ordered them removed.
But residents in the subdivision tucked in the foothills of Trabuco Canyon said they have no plans to take down the lights that zigzag above the street -- despite warnings that they could be fined or even prosecuted if they fail to remove the display by nightfall Wednesday.
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It's that time of year again, boys and girls, when the HOA grinch steals Christmas and orders holiday lights and displays taken down. However in this instance, the HOA is taking a hands off stance and county code enforcers are playing Scrooge and crying "bah humbug!"
Community Suggests Gun Possession Is Illegal For Residents - NewsChannel5.com | Nashville News, Weather & Sports
Community Suggests Gun Possession Is Illegal For Residents - NewsChannel5.com | Nashville News, Weather & Sports
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property. "I thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu. Salajanu would like to give her neighborhood management company a history lesson."I think it's unconstitutional," Salajanu said. "They can't tell you what to own or not to own in your own house."
Two weeks ago, residents received a letter from their homeowners' association indicating that guns are not allowed on the property. "I thought it was ironic that they say you can't have something when the United States government says you can," said resident Cristina Salajanu. Salajanu would like to give her neighborhood management company a history lesson."I think it's unconstitutional," Salajanu said. "They can't tell you what to own or not to own in your own house."
Saturday, November 30, 2013
SHRUB PRUNING BRINGS FELONY CHARGE | UTSanDiego.com
SHRUB PRUNING BRINGS FELONY CHARGE | UTSanDiego.com
"The San Diego County District Attorney’s Office is prosecuting Juvencio Adame, known locally as Vince, for “defacement, damage and destruction” in excess of $400 or more after he pruned the shrubbery near his home in July, court records show. The shrubbery in this case was on city land that abuts his property on Niagara Avenue along a popular surfing area. Adame told neighbors he did so because the overgrown shrubbery became a haven for homeless people to sleep and litter."
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Having eliminated all street crime in San Diego County...
"The San Diego County District Attorney’s Office is prosecuting Juvencio Adame, known locally as Vince, for “defacement, damage and destruction” in excess of $400 or more after he pruned the shrubbery near his home in July, court records show. The shrubbery in this case was on city land that abuts his property on Niagara Avenue along a popular surfing area. Adame told neighbors he did so because the overgrown shrubbery became a haven for homeless people to sleep and litter."
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Having eliminated all street crime in San Diego County...
Sunday, November 24, 2013
Bank seeks help from city on foreclosed subdivision CullmanTimes.com - Cullman, Alabama
Bank seeks help from city on foreclosed subdivision Top News CullmanTimes.com - Cullman, Alabama: HANCEVILLE — People’s Bank is seeking financial help from the City of Hanceville on the incomplete, foreclosed subdivision Baylor Cove so it can get the struggling development’s residential streets paved.
Mark Vincent with People’s Bank proposed the bank give the city three lots inside the subdivision in exchange for the city applying a final top coat to the streets and taking over their maintenance. Vincent said the bank has sought and received two bids for the paving work and both averaged around $50,000.
The price of the lots have fallen from a high of $40,000 to about $10,000 in current value, but the city could sell the lots in the future if they gain value, Vincent said.
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The bank is seeking a municipal bailout for this troubled development that like many of those similarly situated lacks a functioning HOA to levy property owners for needed infrastructure work.
Mark Vincent with People’s Bank proposed the bank give the city three lots inside the subdivision in exchange for the city applying a final top coat to the streets and taking over their maintenance. Vincent said the bank has sought and received two bids for the paving work and both averaged around $50,000.
The price of the lots have fallen from a high of $40,000 to about $10,000 in current value, but the city could sell the lots in the future if they gain value, Vincent said.
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The bank is seeking a municipal bailout for this troubled development that like many of those similarly situated lacks a functioning HOA to levy property owners for needed infrastructure work.
Suit alleges fraud by officers of Brentwood homeowners association | The Tennessean | tennessean.com
Suit alleges fraud by officers of Brentwood homeowners association | The Tennessean | tennessean.com: Beneath the facade of one of Brentwood’s most affluent communities, neighbors have come toe-to-toe in federal court over allegations of wiretapping, fraud and public, vulgar name-calling.
A homeowner in the gated Hampton Reserve subdivision has filed a lawsuit in U.S. District Court in Nashville alleging that neighbors and former homeowners association officers fraudulently tried to obtain portions of neighborhood common land and then suppressed opposition by intercepting and blocking community emails between residents, charges the defendants hotly deny.
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A really nasty legal fight in Privatopia, Tennessee sector. The lawsuit alleges the board wrongly gerrymandered common area boundaries to benefit a handful of owners and afford one director sufficient room to build a swimming pool on her property.
A homeowner in the gated Hampton Reserve subdivision has filed a lawsuit in U.S. District Court in Nashville alleging that neighbors and former homeowners association officers fraudulently tried to obtain portions of neighborhood common land and then suppressed opposition by intercepting and blocking community emails between residents, charges the defendants hotly deny.
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A really nasty legal fight in Privatopia, Tennessee sector. The lawsuit alleges the board wrongly gerrymandered common area boundaries to benefit a handful of owners and afford one director sufficient room to build a swimming pool on her property.
LEX 18 Investigates: Council Member Challenging HOA Foreclosure Laws | LEX18.com | Lexington, Kentucky
LEX 18 Investigates: Council Member Challenging HOA Foreclosure Laws | LEX18.com | Lexington, Kentucky: Ingrid Boak lost her house, but says she was never personally served with any papers. No one knocked on her door and no one called, she says.
The homeowners association lawyers sent plenty of letters and they all went unanswered.
"I believe that if a house can be sold without me personally getting something in my hand or sign something, it is almost like communism," Boak said.
She knows a thing or two about communism. Communists took her east German childhood home after World War II. The same feelings she had as child, have been resurrected as an adult.
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This is a familiar story. Foreclosed unit owner claims no notice of assessment delinquencies. HOA counters its letters were ignored, so pack up your stuff and get out. Hopefully there are provisions in Kentucky law that can provide an equitable outcome.
The homeowners association lawyers sent plenty of letters and they all went unanswered.
"I believe that if a house can be sold without me personally getting something in my hand or sign something, it is almost like communism," Boak said.
She knows a thing or two about communism. Communists took her east German childhood home after World War II. The same feelings she had as child, have been resurrected as an adult.
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This is a familiar story. Foreclosed unit owner claims no notice of assessment delinquencies. HOA counters its letters were ignored, so pack up your stuff and get out. Hopefully there are provisions in Kentucky law that can provide an equitable outcome.
INVESTIGATORS: Corporation forces homeowners to sell property | wtsp.com
INVESTIGATORS: Corporation forces homeowners to sell property | wtsp.com: Here is how it happened. In the past few years, more than 80 percent of the condos at Madison Oaks were bought up, not by new neighbors, but by a single company called "Madison Oaks, LLC".
The company wants the whole complex switched to apartments- forcing residents to sell their homes.
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Regime change, condo style. Or inverse condemnation, private sector style. However it's described, the minority stake owners taking a loss are upset that this move is permitted under Florida law.
The company wants the whole complex switched to apartments- forcing residents to sell their homes.
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Regime change, condo style. Or inverse condemnation, private sector style. However it's described, the minority stake owners taking a loss are upset that this move is permitted under Florida law.
Saturday, November 16, 2013
Lighter shade ends homeowner dispute
ALBUQUERQUE (KRQE) - An Albuquerque woman who was threatened with eviction from her own home for painting her garage door red is now painting it a new--and similar--color her homeowners association chose.
There's no question Sonja Waldrop's red garage stands out in a sea of neutrals in the Volterra neighborhood near Kirtland Air Force Base.
A few weeks ago she painted her garage and front door with "red hawk" red. Some of her neighbors liked it; some of them didn't including the homeowners association.
"They came to my door and said that I was in violation and that I needed to change it back to the original color," Waldrop told KRQE News 13. "They did say if I stayed in violation they could actually put a lien on my house."
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HOA channels the Rolling Stones: We see a red door and we want it painted black.
There's no question Sonja Waldrop's red garage stands out in a sea of neutrals in the Volterra neighborhood near Kirtland Air Force Base.
A few weeks ago she painted her garage and front door with "red hawk" red. Some of her neighbors liked it; some of them didn't including the homeowners association.
"They came to my door and said that I was in violation and that I needed to change it back to the original color," Waldrop told KRQE News 13. "They did say if I stayed in violation they could actually put a lien on my house."
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HOA channels the Rolling Stones: We see a red door and we want it painted black.
Friday, November 15, 2013
HOA Fires Back at Fla. Man Who Said He Was Fined $5K Short Trees - Yahoo
HOA Fires Back at Fla. Man Who Said He Was Fined $5K Short Trees - Yahoo: After a Florida man says he was fined $100 a day, or $5,000, for having two Magnolia trees that were too short, his homeowners association is defending itself, saying it's not just the height that's the problem, but the number of trees.
Patrick Fitzgerald, 51, said he planted two small trees by his home in Merritt Island, Fla. a year ago. Now he and the River Grove Homeowners Association have undergone legal mediation and some heated words in which he has called the board "idiots."
"This has gotten so carried away it is absolutely ridiculous," the HOA president told ABCNews.com. "To me it's ludicrous."
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As media coverage of accounts of HOA follies has grown in recent years, HOA officials and managers usually remain mum and avoid reporters. But sometimes as in this case they do comment.
Patrick Fitzgerald, 51, said he planted two small trees by his home in Merritt Island, Fla. a year ago. Now he and the River Grove Homeowners Association have undergone legal mediation and some heated words in which he has called the board "idiots."
"This has gotten so carried away it is absolutely ridiculous," the HOA president told ABCNews.com. "To me it's ludicrous."
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As media coverage of accounts of HOA follies has grown in recent years, HOA officials and managers usually remain mum and avoid reporters. But sometimes as in this case they do comment.
Thursday, November 07, 2013
Levy Court considers taking over responsibility for Homeowners Association fees - News - Dover Post - Dover, DE
Levy Court considers taking over responsibility for Homeowners Association fees - News - Dover Post - Dover, DE: Ideas floated included sending collection letters from the county or putting the fee as a line item on property tax bills. In either case, the funds received then would be disbursed back to the HOA.
The idea is similar to a system used in New Castle County, but legislation from the state General Assembly would be required to enable the county to start collecting the fees. The HARP committee already has set Nov. 12 as a date to sit down with local legislators, to include Sen. Brian Bushweller, (D-Dover) and Rep. Trey Paradee, (D-Dover) to discuss such legislation.
Both men were at the Levy Court session in support of examining the idea.
Commissioner Eric Buckson said afterward he is sympathetic to problems faced by the HOAs, although he normally does not favor increasing government intervention in non-governmental issues.
"I don't think Levy Court wants to be involved, but I think we have to be involved," he said. "As a county, though we don't require HOAs, we enable them and rely on them. If they don't function properly, eventually it will fall back into our laps. That's my greatest fear.
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Fiscal distress continues in Privatopia five years after the economic downturn as local governments fear the consequences.
The idea is similar to a system used in New Castle County, but legislation from the state General Assembly would be required to enable the county to start collecting the fees. The HARP committee already has set Nov. 12 as a date to sit down with local legislators, to include Sen. Brian Bushweller, (D-Dover) and Rep. Trey Paradee, (D-Dover) to discuss such legislation.
Both men were at the Levy Court session in support of examining the idea.
Commissioner Eric Buckson said afterward he is sympathetic to problems faced by the HOAs, although he normally does not favor increasing government intervention in non-governmental issues.
"I don't think Levy Court wants to be involved, but I think we have to be involved," he said. "As a county, though we don't require HOAs, we enable them and rely on them. If they don't function properly, eventually it will fall back into our laps. That's my greatest fear.
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Fiscal distress continues in Privatopia five years after the economic downturn as local governments fear the consequences.
Wednesday, November 06, 2013
Don’t forget your CC&Rs Mountain Democrat
Don’t forget your CC&Rs Mountain Democrat: “Honestly, 80 percent of the time, people just don’t know they need to go through this approval process. They didn’t receive the CC&Rs or it’s part of a big stack of papers they never read,” said Priest. “We’re trying to work with the Realtors and title companies to make sure new homeowners are given those copies.”Some including the perfessor who blogs here believe Privatopia's governance issues can be addressed with better state regulation. But more regulation cannot address a fundamental lack of stakeholder buy-in to these private local governments as this story illustrates. If homebuyers were truly engaged with and accepting of HOA governance, this classic CC&R disconnect that happens all over Privatopia wouldn't be so commonplace.
Friday, November 01, 2013
Blind man fights with HOA over neighborhood fence | KXAN.com
Blind man fights with HOA over neighborhood fence | KXAN.com: AUSTIN (KXAN) - A legally blind man is planning to sue his homeowners association after they blocked access to a bus stop.
Chris Prentice is legally blind. He moved into the Berdoll Farms neighborhood because of the easy access to the bus stop. Then the HOA installed a fence last week, meaning Prentice's walk is now about a mile long.
"We wanted something close enough to the bus that I could get to and from work independently, " Prentice said.
A year ago, the City of Austin sent a warning letter to the HOA saying the fence needed to be removed because it blocked access for disabled residents. The city also suggested a possible compromise and suggested adding a gate. So far, that hasn't happened.
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Yet another paradoxical account from gated Privatopia where the gates ostensibly are there to keep the bad guys out but can also lock the inmates inside.
Chris Prentice is legally blind. He moved into the Berdoll Farms neighborhood because of the easy access to the bus stop. Then the HOA installed a fence last week, meaning Prentice's walk is now about a mile long.
"We wanted something close enough to the bus that I could get to and from work independently, " Prentice said.
A year ago, the City of Austin sent a warning letter to the HOA saying the fence needed to be removed because it blocked access for disabled residents. The city also suggested a possible compromise and suggested adding a gate. So far, that hasn't happened.
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Yet another paradoxical account from gated Privatopia where the gates ostensibly are there to keep the bad guys out but can also lock the inmates inside.
Wednesday, October 30, 2013
Las Vegas HOA to pay $65K to family after barring them from parking ambulance in driveway | Star Tribune
Las Vegas HOA to pay $65K to family after barring them from parking ambulance in driveway | Star Tribune: LAS VEGAS — Federal officials say a Las Vegas homeowners association will pay $65,000 to a family after refusing to allow them to park an ambulance in the driveway.
The U.S. Department of Housing and Urban Development announced the settlement in the disability discrimination complaint Wednesday.
Officials say the family bought the ambulance because their disabled son needed to be taken to medical appointments while lying down. But authorities say the Harbor Cove Homeowners Association banned the family from parking the vehicle in the driveway, saying community rules prohibited commercial vehicles.
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You vill only ride in a passenger vehicle sitting upright.
The U.S. Department of Housing and Urban Development announced the settlement in the disability discrimination complaint Wednesday.
Officials say the family bought the ambulance because their disabled son needed to be taken to medical appointments while lying down. But authorities say the Harbor Cove Homeowners Association banned the family from parking the vehicle in the driveway, saying community rules prohibited commercial vehicles.
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You vill only ride in a passenger vehicle sitting upright.
Monday, October 21, 2013
Double-murder suspect Mahmoud Hindi commits suicide in jail | The Courier-Journal | courier-journal.com
Double-murder suspect Mahmoud Hindi commits suicide in jail | The Courier-Journal | courier-journal.com
"The man awaiting trial on charges that he murdered two other men during a homeowners association meeting in September 2012 committed suicide in his Louisville Metro Corrections cell Saturday afternoon, officials said. Mahmoud Yousef Hindi was found hanging by a bedsheet around 3:55 p.m. — about 10 minutes after staff observed him praying in his cell, according to Corrections Director Mark Bolton."
"The man awaiting trial on charges that he murdered two other men during a homeowners association meeting in September 2012 committed suicide in his Louisville Metro Corrections cell Saturday afternoon, officials said. Mahmoud Yousef Hindi was found hanging by a bedsheet around 3:55 p.m. — about 10 minutes after staff observed him praying in his cell, according to Corrections Director Mark Bolton."
Thursday, October 10, 2013
Neighbors worry about being left in the dark after FPL plans to shut of street lights
Neighbors worry about being left in the dark after FPL plans to shut of street lights: Whalen and her neighbors received a letter from FPL on Monday, stating that the street lights will be shut off on Oct. 22 because the former Home Owner's Association did not pay the bill.
Neighbors say the HOA fizzled out years ago. But it's contract with FPL still requires HOA representatives to pay for the lighting, according to an FPL spokesperson.
In a statement, FPL officials said ,"We've reached out to this Homeowner's Association representation, but they have been non responsive. Disconnection of streetlight service is clearly a last resort for FPL."
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The HOA may be defunct but Florida Power and Light wants someone to pay the street lighting bill.
Neighbors say the HOA fizzled out years ago. But it's contract with FPL still requires HOA representatives to pay for the lighting, according to an FPL spokesperson.
In a statement, FPL officials said ,"We've reached out to this Homeowner's Association representation, but they have been non responsive. Disconnection of streetlight service is clearly a last resort for FPL."
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The HOA may be defunct but Florida Power and Light wants someone to pay the street lighting bill.
Monday, October 07, 2013
Pevely man wins suit to post political sign : News
Pevely man wins suit to post political sign : News: “Homeowners are frequently stunned to be told that they cannot engage in such a basic right of free speech as putting a political sign on their own property because of a covenant,” Tony Rothert, legal director of the ACLU-MO, said in a prepared statement.
“Associations of homeowners across the state are now on notice that enforcing such a ban violates the Missouri Constitution.”
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In the Show Me State, free speech trumps the notion that political signs somehow adversely affect Privatopian property values. (Query: How? Show me.) Thanks to Bill Davis for the link.
“Associations of homeowners across the state are now on notice that enforcing such a ban violates the Missouri Constitution.”
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In the Show Me State, free speech trumps the notion that political signs somehow adversely affect Privatopian property values. (Query: How? Show me.) Thanks to Bill Davis for the link.
Wednesday, October 02, 2013
Neighbors say HOA forcing kids on dangerous path to school | khou.com Houston
Neighbors say HOA forcing kids on dangerous path to school | khou.com Houston: NORTHWEST HARRIS COUNTY, Texas -- Some people in northwest Harris County believe their homeowners association is putting children in danger.
The problem: a tall metal gate to the Champions Point Grove subdivision has been welded shut.
Neighbors claim they weren’t notified that this would be happening right before the start of this school year.
For more than ten years, kids have been using the opening at the back of their subdivision to get to three different schools.
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For years, the debate over the forting up of gated Privatopia was whether gates serve to keep undesirables out or the inmates inside. In this HOA, it appears to be the latter.
The problem: a tall metal gate to the Champions Point Grove subdivision has been welded shut.
Neighbors claim they weren’t notified that this would be happening right before the start of this school year.
For more than ten years, kids have been using the opening at the back of their subdivision to get to three different schools.
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For years, the debate over the forting up of gated Privatopia was whether gates serve to keep undesirables out or the inmates inside. In this HOA, it appears to be the latter.
Sellersville Residents Battle HOA Over Pet Policy And Fines - Philadelphia News, Weather and Sports from WTXF FOX 29
Sellersville Residents Battle HOA Over Pet Policy And Fines - Philadelphia News, Weather and Sports from WTXF FOX 29: Residents filed a complaint with the State Attorney General citing excessive and sometimes erroneous fines also prevents them from voting in association elections or running for a seat on the board.
"It's out of control. It's not a comfortable place to live anymore," said Fanelli.
Fox 29 contacted the president of the HOA. We have not heard back from him but his wife said he resigned Monday. She did not say why. Fox 29 also left a message for the board's Vice President. We're still waiting for comment.
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More trouble in Privatopia. Film at 10 on WTFX Fox channel 29.
"It's out of control. It's not a comfortable place to live anymore," said Fanelli.
Fox 29 contacted the president of the HOA. We have not heard back from him but his wife said he resigned Monday. She did not say why. Fox 29 also left a message for the board's Vice President. We're still waiting for comment.
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More trouble in Privatopia. Film at 10 on WTFX Fox channel 29.
The Source: Fighting Your Home Owner's Association | Big Changes At The MPO | Texas Public Radio
The Source: Fighting Your Home Owner's Association | Big Changes At The MPO | Texas Public Radio
In which you can hear yours truly talking about this and responding to Texas callers.
In which you can hear yours truly talking about this and responding to Texas callers.
California Retirees Have Carona's Company in Crosshairs | The Texas Tribune
California Retirees Have Carona's Company in Crosshairs | The Texas Tribune
This is a long and thorough article that lays out the problems with HOAs as thoroughly as anything I've read recently. Really worth reading.
This is a long and thorough article that lays out the problems with HOAs as thoroughly as anything I've read recently. Really worth reading.
Tuesday, October 01, 2013
Fan’s 12th Man flag flies in face of homeowners association | HeraldNet.com - Local news
Fan’s 12th Man flag flies in face of homeowners association | HeraldNet.com - Local news: On other days, Carlson, a 48-year-old commercial fisherman, has flown an American flag in front of his home between Snohomish and Mill Creek.Now, he's hired an attorney who not only says Carlson has legal protection for flying the American flag, but is encouraging him to fly his 12th Man flag on Seahawks game days. (The "12th Man" is Seahawk lingo for fans, after the 11 players on the field.)The American flag is covered by the Freedom to Display the American Flag Act of 2005, said Carlson's attorney, Eric Lindell of Seattle.The law specifically precludes homeowners associations from restricting display of the flag, assuming it is done in accordance with flag decorum. He flies the American flag in support of armed forces, his attorney said.
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What is it about flags being such a hot button for HOAs?
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What is it about flags being such a hot button for HOAs?
Monday, September 30, 2013
Veteran wins battle to fly U.S., USMC flags outside home - Atlanta News, Weather, Traffic, and Sports | FOX 5
Veteran wins battle to fly U.S., USMC flags outside home - Atlanta News, Weather, Traffic, and Sports | FOX 5: The homeowners association at the Sun City retirement community said that covenants only allowed one flag to be displayed outside a home.
Despite public outcry, the homeowners association stood by their rules and threatened to fine Lowe $25 for each day that both flags were displayed. The HOA even warned about the possibility of placing a lien on Lowe's home.
Capt. Lowe and his wife, Sandy, had promised to move if the HOA wouldn't bend.
After the story attracted national attention, property management finally agreed to change the covenants. The new rules now allow for two flags as long as one of them is the U.S. flag, Lowe said
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Obdurate HOAs rarely prevail in the court of public opinion.
Despite public outcry, the homeowners association stood by their rules and threatened to fine Lowe $25 for each day that both flags were displayed. The HOA even warned about the possibility of placing a lien on Lowe's home.
Capt. Lowe and his wife, Sandy, had promised to move if the HOA wouldn't bend.
After the story attracted national attention, property management finally agreed to change the covenants. The new rules now allow for two flags as long as one of them is the U.S. flag, Lowe said
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Obdurate HOAs rarely prevail in the court of public opinion.
Saturday, September 28, 2013
A subdivision divided - Huntsville News | WAAYTV.com and ABC 31: Local News
A subdivision divided - Huntsville News | WAAYTV.com and ABC 31: Local News: MADISON, Ala. (WAAY) - Saturday residents of Whitworth, a subdivision in Madison, protested Woodland Homes on Highway 72. The residents are upset because their homeowners association dues keep increasing every two years. One resident said when he moved in the dues were 150 dollars a year now he pays 550.
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Trouble in Privatopia, Alabama sector. Video online at WAAYTV.com.
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Trouble in Privatopia, Alabama sector. Video online at WAAYTV.com.
Friday, September 27, 2013
Checking the financial health of a condo association - chicagotribune.com
Checking the financial health of a condo association - chicagotribune.com
All good advice, but who has the time, energy, and ability to get all this information and interpret it?
All good advice, but who has the time, energy, and ability to get all this information and interpret it?
Homeowner Association Feuds Grow Amid Rules And Fees - Investors.com
Homeowner Association Feuds Grow Amid Rules And Fees - Investors.com
Including a number of quotes from your truly.
Including a number of quotes from your truly.
Sunday, September 22, 2013
Chicago COA’s City Trash Rebate | Refuse Specialists
Chicago COA’s City Trash Rebate | Refuse Specialists
"The City of Chicago has been reimbursing condo owners $75.00 every year since 1985, due to the fact that their city haulers are unable to retrieve trash from condominium buildings. Thus causing condominiums to hire their own waste haulers. Now, this wouldn’t be such a big deal, but the city trash fees are incorporated into the citizen’s taxes. This means the condo owners are essentially paying double for trash removal services. However, in 1985 the city established a garbage rebate for condominium owners, where condominiums were reimbursed $75.00 for every unit in the building. So, everything works out. Until now, or technically two years ago. Mayor Rahm Emanuel was trying to do away with the City of Chicago’s Garbage Rebate, in order to help the city’s budget deficit. "
"The City of Chicago has been reimbursing condo owners $75.00 every year since 1985, due to the fact that their city haulers are unable to retrieve trash from condominium buildings. Thus causing condominiums to hire their own waste haulers. Now, this wouldn’t be such a big deal, but the city trash fees are incorporated into the citizen’s taxes. This means the condo owners are essentially paying double for trash removal services. However, in 1985 the city established a garbage rebate for condominium owners, where condominiums were reimbursed $75.00 for every unit in the building. So, everything works out. Until now, or technically two years ago. Mayor Rahm Emanuel was trying to do away with the City of Chicago’s Garbage Rebate, in order to help the city’s budget deficit. "
Saturday, September 21, 2013
Privatization fetishists resist reform, costing cities millions - Salon.com
Privatization fetishists resist reform, costing cities millions - Salon.com
“It’s an ideological wave,” says Evan McKenzie, lawyer and professor of political science at the University of Illinois-Chicago and author of two books on privatization. “[Politicians] try to argue that privatization is about sheer dollars and sense, that it’s cost benefit analysis. That’s hogwash.”
“It’s an ideological wave,” says Evan McKenzie, lawyer and professor of political science at the University of Illinois-Chicago and author of two books on privatization. “[Politicians] try to argue that privatization is about sheer dollars and sense, that it’s cost benefit analysis. That’s hogwash.”
Vincenz Homeowners Association bans organized sports at Gilbert park
Vincenz Homeowners Association bans organized sports at Gilbert park
Well, there's one difference between public and private local government. At least real governments know what parks are for.
Well, there's one difference between public and private local government. At least real governments know what parks are for.
Sunday, September 15, 2013
Speech can be dangerous: The cost of defamation | Washington Times Communities
Speech can be dangerous: The cost of defamation | Washington Times Communities
"WASHINGTON, September 15, 2013 – A Roanoke, Virginia jury recently awarded $250,000.00 to a former homeowners association president (Clatterbuck vs. Burkett). A disgruntled resident in the community was upset about association repair fees, so he spread multiple false comments about the president and the president’s wife, accusing them of criminal sexual activity."
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"WASHINGTON, September 15, 2013 – A Roanoke, Virginia jury recently awarded $250,000.00 to a former homeowners association president (Clatterbuck vs. Burkett). A disgruntled resident in the community was upset about association repair fees, so he spread multiple false comments about the president and the president’s wife, accusing them of criminal sexual activity."
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Saturday, September 14, 2013
Family beats HOA in suit over pet pig - San Antonio Express-News
Family beats HOA in suit over pet pig - San Antonio Express-News: District Judge Mike Engelhart ruled that evidence is clear that this pig breed is considered a household pet and that they are not used for commercial purposes. He also said the dispute puts a spotlight on homeowners associations' restrictions and residents' property rights.
“I think we need to forget about this being about a pig for a moment and look at the broader issue of homeowners associations and residents,” Engelhart said. “Homeowners associations are there, on one hand, to maintain a neighborhood in a particular way, but they also have responsibilities not to infringe too much on homeowner's use of their land the way they see fit.”
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Thus spake hizzoner.
“I think we need to forget about this being about a pig for a moment and look at the broader issue of homeowners associations and residents,” Engelhart said. “Homeowners associations are there, on one hand, to maintain a neighborhood in a particular way, but they also have responsibilities not to infringe too much on homeowner's use of their land the way they see fit.”
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Thus spake hizzoner.
HOA Horrors and How Not to Fall Victim to Them | AOL Real Estate
HOA Horrors and How Not to Fall Victim to Them | AOL Real Estate
"When purchasing real estate, you might be one of the 25 percent of people who purchase a property in a common interest development, which is more commonly known as a homeowners association, or HOA. And while all properties have issues, HOAs have a unique set of additional operational, legal and financial issues that buyers must consider, analyze and review in conjunction with their purchase.
Because many horror stories are associated with HOAs, some people won't even consider buying into one, which is understandable. It's ultimately a personal choice for a buyer to consider. These are few of those HOA horror stories."
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Wow. The press has really sunk its teeth into this "horror story" angle. No wonder the industry keeps paying for polls showing how happy everybody is.
"When purchasing real estate, you might be one of the 25 percent of people who purchase a property in a common interest development, which is more commonly known as a homeowners association, or HOA. And while all properties have issues, HOAs have a unique set of additional operational, legal and financial issues that buyers must consider, analyze and review in conjunction with their purchase.
Because many horror stories are associated with HOAs, some people won't even consider buying into one, which is understandable. It's ultimately a personal choice for a buyer to consider. These are few of those HOA horror stories."
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Wow. The press has really sunk its teeth into this "horror story" angle. No wonder the industry keeps paying for polls showing how happy everybody is.
Friday, September 13, 2013
HOA, Celina homeowner battle over fines for roof color | wfaa.com Dallas - Fort Worth
HOA, Celina homeowner battle over fines for roof color | wfaa.com Dallas - Fort Worth: The shingles had to be a color called "weathered wood," and had to be approved by the HOA architectural committee. They thought they'd jumped through those hoops, hired a contractor, and work began.
Then, there was a knock on the door. It was the roof police.
David Hawkes said the president of the homeowners association and the HOA's management company actually told them to stop construction.
"'The roof you're putting on is not going to match,'" Hawkes recalled the pair saying. "'It's not going to match the code. It's not going to be accepted here.'"
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Privatopia's roof police will undoubtedly be using satellite imagery and spectrum analysis to ensure all rooftops are a uniform color lest property values be destroyed by a slightly off color roof.
Then, there was a knock on the door. It was the roof police.
David Hawkes said the president of the homeowners association and the HOA's management company actually told them to stop construction.
"'The roof you're putting on is not going to match,'" Hawkes recalled the pair saying. "'It's not going to match the code. It's not going to be accepted here.'"
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Privatopia's roof police will undoubtedly be using satellite imagery and spectrum analysis to ensure all rooftops are a uniform color lest property values be destroyed by a slightly off color roof.
Wednesday, September 11, 2013
California city backs plan to seize negative equity mortgages - Yahoo! News Canada
California city backs plan to seize negative equity mortgages - Yahoo! News Canada
RICHMOND, Calif (Reuters) - Richmond, California's leaders approved on Wednesday morning a plan for the city to become the first in the nation to acquire mortgages with negative equity in a bid to keep local residents in their homes...Richmond can now invoke eminent domain if trusts for more than 620 delinquent and performing "underwater" mortgages reject offers made by the city to buy the loans at deep discount pegged to their properties' current appraised prices to refinance them and reduce their principal.
RICHMOND, Calif (Reuters) - Richmond, California's leaders approved on Wednesday morning a plan for the city to become the first in the nation to acquire mortgages with negative equity in a bid to keep local residents in their homes...Richmond can now invoke eminent domain if trusts for more than 620 delinquent and performing "underwater" mortgages reject offers made by the city to buy the loans at deep discount pegged to their properties' current appraised prices to refinance them and reduce their principal.
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This should set off a firestorm.
Monday, September 09, 2013
Owner, CFO of homeowner association management company accused of embezzlement Ventura County Star
Owner, CFO of homeowner association management company accused of embezzlement Ventura County Star: She and her boss, Kristin Davis, 44, the owner and CEO of Paradigm Management Group, were arrested last weekend after a years-long investigation. Hoff-Solomon-Ramsey was the company’s chief financial officer, authorities said.
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Isolated incident No. 547,851.
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Isolated incident No. 547,851.
Sunday, September 08, 2013
Left with nothing | The Washington Post
Left with nothing | The Washington Post
The retired Marine sergeant lost his house on that summer day two years ago through a tax lien sale — an obscure program run by D.C. government that enlists private investors to help the city recover unpaid taxes. For decades, the District placed liens on properties when homeowners failed to pay their bills, then sold those liens at public auctions to mom-and-pop investors who drew a profit by charging owners interest on top of the tax debt until the money was repaid. But under the watch of local leaders, the program has morphed into a predatory system of debt collection for well-financed, out-of-town companies that turned $500 delinquencies into $5,000 debts — then foreclosed on homes when families couldn’t pay, a Washington Post investigation found.
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Thanks to Mystery Reader for the link to this infuriating story. These "tax farmers" are all over the country, but it appears that at least in DC it has "morphed" into something much more dangerous. To own a home today is to be exposed to a terrifying range of predatory business practices. And look at what's coming up in parts 2 and 3 of this story:
"Part 2 — As federal agents investigated a sweeping bid-rigging scheme at Maryland’s tax auctions, some of those same suspects were in the District, engaging in dozens of rounds of unusual bidding. Coming Monday. Part 3 — District tax officials have made hundreds of mistakes in recent years by declaring property owners delinquent even after they paid their taxes, forcing them to fight for their homes. Coming Tuesday."
The retired Marine sergeant lost his house on that summer day two years ago through a tax lien sale — an obscure program run by D.C. government that enlists private investors to help the city recover unpaid taxes. For decades, the District placed liens on properties when homeowners failed to pay their bills, then sold those liens at public auctions to mom-and-pop investors who drew a profit by charging owners interest on top of the tax debt until the money was repaid. But under the watch of local leaders, the program has morphed into a predatory system of debt collection for well-financed, out-of-town companies that turned $500 delinquencies into $5,000 debts — then foreclosed on homes when families couldn’t pay, a Washington Post investigation found.
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Thanks to Mystery Reader for the link to this infuriating story. These "tax farmers" are all over the country, but it appears that at least in DC it has "morphed" into something much more dangerous. To own a home today is to be exposed to a terrifying range of predatory business practices. And look at what's coming up in parts 2 and 3 of this story:
"Part 2 — As federal agents investigated a sweeping bid-rigging scheme at Maryland’s tax auctions, some of those same suspects were in the District, engaging in dozens of rounds of unusual bidding. Coming Monday. Part 3 — District tax officials have made hundreds of mistakes in recent years by declaring property owners delinquent even after they paid their taxes, forcing them to fight for their homes. Coming Tuesday."
AG’s Office: Verdict kills new HOA laws
AG’s Office: Verdict kills new HOA laws: PHOENIX — Concluding state legislators likely violated the Arizona Constitution, the Attorney General’s Office has agreed not to enforce some new laws governing homeowner associations.
In an agreement filed Friday, the state agreed to accept a court order that eight separate provisions of SB1454 were enacted illegally and are void. These include language that was designed to prohibit cities and counties from requiring developers to established planned communities as a condition of getting the necessary zoning or permits.
It also knocks out another section that would have limited the ability of associations from demanding that homeowners furnish them with certain information about those to whom they rent their units. Also gone are various changes in things like casting absentee ballots in HOA issues
In an agreement filed Friday, the state agreed to accept a court order that eight separate provisions of SB1454 were enacted illegally and are void. These include language that was designed to prohibit cities and counties from requiring developers to established planned communities as a condition of getting the necessary zoning or permits.
It also knocks out another section that would have limited the ability of associations from demanding that homeowners furnish them with certain information about those to whom they rent their units. Also gone are various changes in things like casting absentee ballots in HOA issues
Saturday, September 07, 2013
Homeowner wins tree battle against Southern Highlands HOA - www.ktnv.com
Homeowner wins tree battle against Southern Highlands HOA - www.ktnv.com:
"In the Spring, the Southern Highlands HOA began sending Louis letters saying he was in violation for not having trees in his front yard. "My house has more greenery than any house you wanna go around and look at, and they're saying I still need a tree, which I do not agree with that." They told him he had to put two trees in, despite the fact that he bought the home brand new from builder Pulte Homes, who installed the landscape in 2002. "If they had came to us a year after we came, I would have probably had to give in, but 11 years?" Louis says incredulously. "I don't see why I have to give in." Another issue wrapped up in all this is that by requiring homeowners to put in more trees, the HOA is requiring homeowners to use more water. And many say that's just plain irresponsible, considering the drought situation we're in here in Southern Nevada."
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Ordering people to plant more trees in a Southern Nevada yard? This makes sense to somebody? How, please?
"In the Spring, the Southern Highlands HOA began sending Louis letters saying he was in violation for not having trees in his front yard. "My house has more greenery than any house you wanna go around and look at, and they're saying I still need a tree, which I do not agree with that." They told him he had to put two trees in, despite the fact that he bought the home brand new from builder Pulte Homes, who installed the landscape in 2002. "If they had came to us a year after we came, I would have probably had to give in, but 11 years?" Louis says incredulously. "I don't see why I have to give in." Another issue wrapped up in all this is that by requiring homeowners to put in more trees, the HOA is requiring homeowners to use more water. And many say that's just plain irresponsible, considering the drought situation we're in here in Southern Nevada."
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Ordering people to plant more trees in a Southern Nevada yard? This makes sense to somebody? How, please?
Man stabbed in dispute with HOA president | UTSanDiego.com
Man stabbed in dispute with HOA president | UTSanDiego.com:
SAN DIEGO — A man was stabbed Friday during a dispute between the president of an Otay Mesa homeowners association and a worker, San Diego police said. The 59-year-old HOA officer got into an argument with the 39-year-old man about work that was done for the association, police Officer David Stafford said.
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I haven't tried to add up all the incidents of HOA and condo violence, but these incidents underscore how intense HOA/condo neighborhood disputes can be, beyond the sense of injustice that arises in many conflicts. One reason is the inability to separate people. Two people can get into a dispute at a baseball game or a bar, and after they are separated they may never see each other again. But when people live in the same neighborhood they run into each other again and again. And in a condo association or HOA, there is another level of connection because everybody is linked in an economic and governance arrangement. So there is no way to separate the combatants unless one of them moves. A second reason is that HOA and condo disputes often involve people's feelings about their home, which are intensely personal. The home is where we can be ourselves and where we go when we want to feel safe. If people feel that they are being plagued by neighbors, even when they are home, they often experience a deep sense of insecurity, intrusion, and even violation.
SAN DIEGO — A man was stabbed Friday during a dispute between the president of an Otay Mesa homeowners association and a worker, San Diego police said. The 59-year-old HOA officer got into an argument with the 39-year-old man about work that was done for the association, police Officer David Stafford said.
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I haven't tried to add up all the incidents of HOA and condo violence, but these incidents underscore how intense HOA/condo neighborhood disputes can be, beyond the sense of injustice that arises in many conflicts. One reason is the inability to separate people. Two people can get into a dispute at a baseball game or a bar, and after they are separated they may never see each other again. But when people live in the same neighborhood they run into each other again and again. And in a condo association or HOA, there is another level of connection because everybody is linked in an economic and governance arrangement. So there is no way to separate the combatants unless one of them moves. A second reason is that HOA and condo disputes often involve people's feelings about their home, which are intensely personal. The home is where we can be ourselves and where we go when we want to feel safe. If people feel that they are being plagued by neighbors, even when they are home, they often experience a deep sense of insecurity, intrusion, and even violation.
Friday, September 06, 2013
Court: Deed restrictions can't ban 'for sale' signs on homes
Court: Deed restrictions can't ban 'for sale' signs on homes
Thanks to Fred Fischer for the link to this story. So the HOA was so determined to prohibit "for sale" signs that it launched a doomed-from-day-one challenge to the constitutionality of the 2009 state law that protects a homeowner's right to post the signs. The statute is presumed to be constitutional, and the burden is on the HOA to show that the statute has no "significant or legitimate purpose." What chance did the HOA of invalidating this statute? How would you like to be one of the owners who has to pay the HOA's lawyers who lost in the trial court and then took the case up on appeal and lost again?
"PHOENIX — The right of state lawmakers to allow homeowners to post “for sale’’ signs trumps any deed restrictions that ban them, the Arizona Court of Appeals has ruled. In a unanimous ruling Tuesday, the judges rebuffed arguments by a planned community that its pre-existing ban on such signs remains valid despite a 2009 law to the contrary. Potentially more significant, the appellate judges rejected the contention that the 2009 law unconstitutionally interfered with the contracts previously signed by all property owners agreeing to the restriction...As to the constitutional claim by the association, Swann said it is up to the group challenging the law to show that it “substantially impairs’’ the contractual arrangement. Even then, the judge said, a challenger must also show there is no “significant or legitimate public purpose” behind the law, or that the impairment is an “unreasonable means’’ of achieving that purpose."
Thanks to Fred Fischer for the link to this story. So the HOA was so determined to prohibit "for sale" signs that it launched a doomed-from-day-one challenge to the constitutionality of the 2009 state law that protects a homeowner's right to post the signs. The statute is presumed to be constitutional, and the burden is on the HOA to show that the statute has no "significant or legitimate purpose." What chance did the HOA of invalidating this statute? How would you like to be one of the owners who has to pay the HOA's lawyers who lost in the trial court and then took the case up on appeal and lost again?
"PHOENIX — The right of state lawmakers to allow homeowners to post “for sale’’ signs trumps any deed restrictions that ban them, the Arizona Court of Appeals has ruled. In a unanimous ruling Tuesday, the judges rebuffed arguments by a planned community that its pre-existing ban on such signs remains valid despite a 2009 law to the contrary. Potentially more significant, the appellate judges rejected the contention that the 2009 law unconstitutionally interfered with the contracts previously signed by all property owners agreeing to the restriction...As to the constitutional claim by the association, Swann said it is up to the group challenging the law to show that it “substantially impairs’’ the contractual arrangement. Even then, the judge said, a challenger must also show there is no “significant or legitimate public purpose” behind the law, or that the impairment is an “unreasonable means’’ of achieving that purpose."
Saturday, August 31, 2013
Duck Dynasty vs the HOA
Shu Bartholomew sent me these links to YouTube clips from a TV show (I think) that involves some hillbillies who suddenly discover that they living in an HOA. Where's Buddy Ebsen?
http://www.youtube.com/watch?v=P0vSJIup-UY
http://www.youtube.com/watch?v=uMTTpi5KmKk
http://www.youtube.com/watch?v=P0vSJIup-UY
http://www.youtube.com/watch?v=uMTTpi5KmKk
Thursday, August 29, 2013
Details revealed surrounding Hideaway Lake community investigati - KYTX CBS 19 Tyler Longview News Weather Sports
Details revealed surrounding Hideaway Lake community investigati - KYTX CBS 19 Tyler Longview News Weather Sports
So what we have here is a Texas HOA that is under investigation by the Smith County Sheriff's Office. It appears that a tree trimming company has complained that one or more HOA employees was or were demanding kickbacks in exchange for getting a contract. In a followup to the original story, it is reported that the general manager has been fired.
"The affidavit states two board members met with investigators about concerns surrounding some Hideaway Lake employees. "I'm going to use the word alleged, that he had to pay off or give a kickback to a Hideaway employee in order to do business in Hideaway," said Jerry Toon, board member. The affidavit reveals a vendor complained that the maintenance supervisor was requiring a 50% kickback from the vendor to cut trees in Hideaway Lake. When the board started investigating, the affidavit says the general manager stopped all access to the invoices and records."
So what we have here is a Texas HOA that is under investigation by the Smith County Sheriff's Office. It appears that a tree trimming company has complained that one or more HOA employees was or were demanding kickbacks in exchange for getting a contract. In a followup to the original story, it is reported that the general manager has been fired.
"The affidavit states two board members met with investigators about concerns surrounding some Hideaway Lake employees. "I'm going to use the word alleged, that he had to pay off or give a kickback to a Hideaway employee in order to do business in Hideaway," said Jerry Toon, board member. The affidavit reveals a vendor complained that the maintenance supervisor was requiring a 50% kickback from the vendor to cut trees in Hideaway Lake. When the board started investigating, the affidavit says the general manager stopped all access to the invoices and records."
Wednesday, August 28, 2013
Don't let emotions color redecorating projects - chicagotribune.com
Don't let emotions color redecorating projects - chicagotribune.com
"For some community associations, choosing a paint color is more difficult than passing a special assessment. "Board members often look at decorating as a personal decision rather than a business decision," said Cathy Ryan, president of Property Specialists Inc. in Rolling Meadows. "They typically want what they would put in their homes, not something that is pleasing to everyone." Then hurt feelings and angry words linger, sometimes for years, when someone's favorite color or style isn't selected, she said."
"For some community associations, choosing a paint color is more difficult than passing a special assessment. "Board members often look at decorating as a personal decision rather than a business decision," said Cathy Ryan, president of Property Specialists Inc. in Rolling Meadows. "They typically want what they would put in their homes, not something that is pleasing to everyone." Then hurt feelings and angry words linger, sometimes for years, when someone's favorite color or style isn't selected, she said."
Feds: Bank chairman used bailout money to buy luxury condo - NBC News.com
Feds: Bank chairman used bailout money to buy luxury condo - NBC News.com
"A bank chairman from Missouri pleaded guilty on Tuesday to lying about how he used bailout money given to banks during the 2008 economic crisis. Rather than using the federal funds to stabilize his small bank, court records say, the chairman spent about a third of the money on an oceanfront condo in Florida. Darryl Layne Woods, 48, of Columbia, Mo., could be sentenced up to a year in prison and may also have to pay a $100,000 fine. Lying to federal officials about how the money was spent is a misdemeanor crime. Court records do not say whether Woods will be charged with misusing the money, which came from the Troubled Asset Relief Program, or TARP."
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Well, that's pretty disgusting.
"A bank chairman from Missouri pleaded guilty on Tuesday to lying about how he used bailout money given to banks during the 2008 economic crisis. Rather than using the federal funds to stabilize his small bank, court records say, the chairman spent about a third of the money on an oceanfront condo in Florida. Darryl Layne Woods, 48, of Columbia, Mo., could be sentenced up to a year in prison and may also have to pay a $100,000 fine. Lying to federal officials about how the money was spent is a misdemeanor crime. Court records do not say whether Woods will be charged with misusing the money, which came from the Troubled Asset Relief Program, or TARP."
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Well, that's pretty disgusting.
Tuesday, August 27, 2013
Homeowner group backs off claim that couple with Cal-Vet loan don't own their home - Our Region - The Sacramento Bee
Homeowner group backs off claim that couple with Cal-Vet loan don't own their home - Our Region - The Sacramento Bee: A South Natomas couple in an ugly fight with their homeowners association won a partial victory last week, after a lawyer representing the association's board backpedaled on his assertion that they weren't homeowners because they had a home loan for military veterans.
While Allen Campbell, a 75-year-old disabled Marine, lay in a hospital bed on Tuesday night after fracturing his back in a fall, his wife, Cynthia Campbell, attended her first board meeting of the Sonora Springs Homeowners Association in months.
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These kinds of situations arise often in Privatopia where homeowners are viewed as irritants rather than constituents served by HOA boards. That in turn overly personalizes relations between board members and owners and sets the stage for court battles -- and substantial legal exposure for HOAs when the unit owners get government agencies to go to bat for them such as in this case.
While Allen Campbell, a 75-year-old disabled Marine, lay in a hospital bed on Tuesday night after fracturing his back in a fall, his wife, Cynthia Campbell, attended her first board meeting of the Sonora Springs Homeowners Association in months.
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These kinds of situations arise often in Privatopia where homeowners are viewed as irritants rather than constituents served by HOA boards. That in turn overly personalizes relations between board members and owners and sets the stage for court battles -- and substantial legal exposure for HOAs when the unit owners get government agencies to go to bat for them such as in this case.
Monday, August 26, 2013
Chicago loses court challenge to vacant building registry - chicagotribune.com
Chicago loses court challenge to vacant building registry - chicagotribune.com
"Vacant buildings in foreclosure with mortgages backed by Fannie Mae and Freddie Mac do not have to follow Chicago’s vacant building ordinance, a federal judge has ruled. The decision, filed Friday in Chicago by U.S. District Court Judge Thomas Durkin, deals a blow to the city, which is trying to grapple with thousands of empty buildings caught up in a lengthy foreclosure process and dragging down neighborhoods. It also has national implications. More than 1,000 municipalities around the country, by one count, have laws that require the registration and maintenance of vacant properties."
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The ordinance requires the building owner to pay a $500 fee, among other things, and the judge saw this as an effort by the city to tax the federal government, which has been unconstitutional since McCulloch v. Maryland in 1819. This is just a district court so it isn't a precedent for any other court, but it could encourage the feds to try the same argument elsewhere. That's unfortunate, because cities need some way to address this problem. We live in a society where it seems that financial institutions can do whatever they want with no consequences, and governments are restricted by courts and legislatures when they try to protect us from the "externalities" of business transactions.
"Vacant buildings in foreclosure with mortgages backed by Fannie Mae and Freddie Mac do not have to follow Chicago’s vacant building ordinance, a federal judge has ruled. The decision, filed Friday in Chicago by U.S. District Court Judge Thomas Durkin, deals a blow to the city, which is trying to grapple with thousands of empty buildings caught up in a lengthy foreclosure process and dragging down neighborhoods. It also has national implications. More than 1,000 municipalities around the country, by one count, have laws that require the registration and maintenance of vacant properties."
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The ordinance requires the building owner to pay a $500 fee, among other things, and the judge saw this as an effort by the city to tax the federal government, which has been unconstitutional since McCulloch v. Maryland in 1819. This is just a district court so it isn't a precedent for any other court, but it could encourage the feds to try the same argument elsewhere. That's unfortunate, because cities need some way to address this problem. We live in a society where it seems that financial institutions can do whatever they want with no consequences, and governments are restricted by courts and legislatures when they try to protect us from the "externalities" of business transactions.
Sunday, August 25, 2013
8 Ways Privatization Has Failed America | Common Dreams
8 Ways Privatization Has Failed America | Common Dreams
This is an article by Paul Buchheit that talks about health care, water, internet/tv/phone service, transportation, banking, prisons, education, and consumer protection regulation. You can also watch him on YouTube. He teaches in the School for New Learning at DePaul University in Chicago.
This is an article by Paul Buchheit that talks about health care, water, internet/tv/phone service, transportation, banking, prisons, education, and consumer protection regulation. You can also watch him on YouTube. He teaches in the School for New Learning at DePaul University in Chicago.
Saturday, August 24, 2013
In Paper War, Flood of Liens Is the Weapon - NYTimes.com
In Paper War, Flood of Liens Is the Weapon - NYTimes.com
It's the "sovereign citizen" movement. They are filing bogus liens against the property of government officials:
"...as Sheriff Stanek soon learned, the liens, legal claims on property to secure the payment of a debt, were just the earliest salvos in a war of paper, waged by a couple who had lost their home to foreclosure in 2009 — a tactic that, with the spread of an anti-government ideology known as the “sovereign citizen” movement, is being employed more frequently as a way to retaliate against perceived injustices. Over the next three years, the couple, Thomas and Lisa Eilertson, filed more than $250 billion in liens, demands for compensatory damages and other claims against more than a dozen people, including the sheriff, county attorneys, the Hennepin County registrar of titles and other court officials."
It's the "sovereign citizen" movement. They are filing bogus liens against the property of government officials:
"...as Sheriff Stanek soon learned, the liens, legal claims on property to secure the payment of a debt, were just the earliest salvos in a war of paper, waged by a couple who had lost their home to foreclosure in 2009 — a tactic that, with the spread of an anti-government ideology known as the “sovereign citizen” movement, is being employed more frequently as a way to retaliate against perceived injustices. Over the next three years, the couple, Thomas and Lisa Eilertson, filed more than $250 billion in liens, demands for compensatory damages and other claims against more than a dozen people, including the sheriff, county attorneys, the Hennepin County registrar of titles and other court officials."
KXAN - HOA used satellites to spot violations | KXAN.com
KXAN - HOA used satellites to spot violations | KXAN.com
But three years after buying the property, the Henry's received a letter from their homeowner's association. "It said that they were doing an audit and they noticed I had a metal shed in my back yard and it wasn't approved by my homeowners association," Henry said. Gavin, who is a disabled veteran, told the HOA the shed was there before he bought the property and none of his neighbors had ever complained about it. He was then told it was now his responsibility to remove it, change it up to code, or else. "They said they would put a lien on my house and this is problem now," Henry said. But that wasn't his only problem. Since the shed isn't visible from the front yard and no one knocked on the Henry's door, Gavin contacted the HOA to ask how they performed the audit. "I was told they went on Google Earth and they were looking into the backyard of the residents to find any disputes," Gavin said. "I felt like that's an invasion of our privacy for one."
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Charming. Maybe they should contact the NSA next time. Thanks to Shu Bartholomew for the link.
Friday, August 23, 2013
Mayor: 'Everybody's wound up' over plans for white supremacist takeover of N.D. town
Mayor: 'Everybody's wound up' over plans for white supremacist takeover of N.D. town
"Craig Paul Cobb, 61, who has been called one of the most extreme white supremacists and neo-Nazis in the country, has purchased 13 lots in the mostly abandoned town of Leith with plans to fill the town with other racists and haters and eventually take over the community. Cobb himself lives in a small house in Leith and residents knew he was buying up other lots last year. It wasn't until the past few days that they learned of his scheme to turn Leith into a white nationalists' community, where people could fly Nazi flags and other racial banners, take over the city through elections and write their own laws."
"Craig Paul Cobb, 61, who has been called one of the most extreme white supremacists and neo-Nazis in the country, has purchased 13 lots in the mostly abandoned town of Leith with plans to fill the town with other racists and haters and eventually take over the community. Cobb himself lives in a small house in Leith and residents knew he was buying up other lots last year. It wasn't until the past few days that they learned of his scheme to turn Leith into a white nationalists' community, where people could fly Nazi flags and other racial banners, take over the city through elections and write their own laws."
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This is one intentional community we can do without.
KXAN - Chalk drawing draws citation from HOA| KXAN.com
KXAN - Chalk drawing draws citation from HOA| KXAN.com: BUDA, Texas (KXAN) - In many neighborhoods, playful, colorful sidewalk chalk art is a summertime staple. But in one Hays County neighborhood, parents are finding out their kids' art isn't a game.
A homeowner in the Elm Grove Neighborhood was hit with a citation telling her to remove her children's "chalk drawings" or risk paying a pretty hefty price.
The notice from the homeowner's association prompted her friends and neighbors to contact KXAN for answers.
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Kids with chalk threaten property values. See the special investigative report at 10 on KXAN-TV.
A homeowner in the Elm Grove Neighborhood was hit with a citation telling her to remove her children's "chalk drawings" or risk paying a pretty hefty price.
The notice from the homeowner's association prompted her friends and neighbors to contact KXAN for answers.
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Kids with chalk threaten property values. See the special investigative report at 10 on KXAN-TV.
Thursday, August 22, 2013
Condo residents go to court over Divvy bike sharing station - chicagotribune.com
Condo residents go to court over Divvy bike sharing station - chicagotribune.com
David Kolin and his wife, Jeannine Cordero, learned Tuesday that the area in front of their North Side condo building soon would be home to a Divvy bike-sharing station, one of hundreds the Chicago Department of Transportation is installing across the city. The station, which can hold up to 15 of the baby-blue rental bikes, opened Wednesday near Addison Street and Pine Grove Avenue. But the three-unit building's condo association, of which Kolin is president, on Wednesday asked a Cook County judge to stop the station from becoming a fixture in front of their home. "We don't think it's appropriate in a residential area to have this thing set up," said Kolin, an attorney. "It's not a very attractive thing to have. It's led to crowds already."
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Wow. Who would have guessed that the association that filed this churlish, obnoxious, NIMBY lawsuit was led by an attorney? Who could have seen that coming? Thanks to Mystery Reader for the link.
David Kolin and his wife, Jeannine Cordero, learned Tuesday that the area in front of their North Side condo building soon would be home to a Divvy bike-sharing station, one of hundreds the Chicago Department of Transportation is installing across the city. The station, which can hold up to 15 of the baby-blue rental bikes, opened Wednesday near Addison Street and Pine Grove Avenue. But the three-unit building's condo association, of which Kolin is president, on Wednesday asked a Cook County judge to stop the station from becoming a fixture in front of their home. "We don't think it's appropriate in a residential area to have this thing set up," said Kolin, an attorney. "It's not a very attractive thing to have. It's led to crowds already."
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Wow. Who would have guessed that the association that filed this churlish, obnoxious, NIMBY lawsuit was led by an attorney? Who could have seen that coming? Thanks to Mystery Reader for the link.
Upscale condo owners use one door, renters use the POOR DOOR
West Side Rag » NEW UWS DEVELOPMENT COULD HAVE SEPARATE ENTRANCE FOR POORER PEOPLE
"A 33-story building slated to be built on Riverside Boulevard between 61st and 62nd street will have an entirely separate entrance for people of lower socioeconomic means: a door for the poor, or as we call it, a “Poor Door.” The affordable homes will be oriented towards the back of the building, while market-rate units will have a view of the Hudson."
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The developer had to include some affordable units in order to get credits that allow more floor area, and this is worth maybe "tens of millions of dollars." Sounds very inclusionary until you realize that the developer intends to completely segregate the renters from the condo owners.
"A 33-story building slated to be built on Riverside Boulevard between 61st and 62nd street will have an entirely separate entrance for people of lower socioeconomic means: a door for the poor, or as we call it, a “Poor Door.” The affordable homes will be oriented towards the back of the building, while market-rate units will have a view of the Hudson."
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The developer had to include some affordable units in order to get credits that allow more floor area, and this is worth maybe "tens of millions of dollars." Sounds very inclusionary until you realize that the developer intends to completely segregate the renters from the condo owners.
Wednesday, August 21, 2013
3 dead, 5 wounded in shooting in southern Germany | Wichita Eagle
3 dead, 5 wounded in shooting in southern Germany | Wichita Eagle: BERLIN — A gunman opened fire on a meeting in a village in south Germany on Tuesday, killing two people and wounding five before taking his own life, police said.
A police statement said the assailant had been attending an evening meeting of a property owners' association in a restaurant in Dossenheim, a village near Heidelberg, about 273 miles (440 kilometers) southwest of Berlin.
Heated words were exchanged and the man stormed out but returned later with a weapon and opened fire on the meeting before turning the weapon on himself, the statement said.
A police statement said the assailant had been attending an evening meeting of a property owners' association in a restaurant in Dossenheim, a village near Heidelberg, about 273 miles (440 kilometers) southwest of Berlin.
Heated words were exchanged and the man stormed out but returned later with a weapon and opened fire on the meeting before turning the weapon on himself, the statement said.
Thursday, August 15, 2013
Fallen Bricks, Safety Hazards in Condo Complex - www.kmir6.com
Fallen Bricks, Safety Hazards in Condo Complex - www.kmir6.com: PALM DESERT - Trash build-up. Overgrown weeds. Nails sticking out of pieces of wood. These are some of the concerns some residents have at Monterey Ridge, a gated condominium complex in Palm Desert.
"Our HOA Board of Directors seems to be pretty non-existing ignoring the 20 units that we have here. We have a lot of exterior issues going on with our buildings," explains a homeowner, Meredith Payne.
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Another condo complex spinning into the Tyler Berding death spiral? Film at 10 on KMIR News 6 Palm Springs.
"Our HOA Board of Directors seems to be pretty non-existing ignoring the 20 units that we have here. We have a lot of exterior issues going on with our buildings," explains a homeowner, Meredith Payne.
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Another condo complex spinning into the Tyler Berding death spiral? Film at 10 on KMIR News 6 Palm Springs.
Condo accused of discrimination over rule barring unmarried couples | HeraldTribune.com
Venice condo accused of discrimination over rule barring unmarried couples | HeraldTribune.com
"Word is spreading on social network websites that protestors are expected today at Casa Di Amici, the condominium complex in Venice that has barred gay and other unmarried couples from living there. The condominium association approved an amended covenant allowing only married or single people to purchase or rent in the 160-unit complex off Jacaranda Boulevard. The only exemption applies to blood relatives living together."
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So here we go again. This is Florida, by the way, in case you hadn't already guessed. You can read the amended declaration here. Thanks to Jordan Shifrin for the link.
"Word is spreading on social network websites that protestors are expected today at Casa Di Amici, the condominium complex in Venice that has barred gay and other unmarried couples from living there. The condominium association approved an amended covenant allowing only married or single people to purchase or rent in the 160-unit complex off Jacaranda Boulevard. The only exemption applies to blood relatives living together."
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So here we go again. This is Florida, by the way, in case you hadn't already guessed. You can read the amended declaration here. Thanks to Jordan Shifrin for the link.
Ex-Hollymead treasurer charged with embezzlement - The Daily Progress: Local
Ex-Hollymead treasurer charged with embezzlement - The Daily Progress: Local
Another isolated incident! But this one has an additional angle: a claim that the BOD asked the home owners to keep it quiet.
"A former Hollymead homeowners association treasurer has been charged with embezzlement, court records show. Patricia Anne Cuthbert, 43, stands accused of embezzling more than $73,000 from the Hollymead Citizens Association, the neighborhood’s homeowners association, between January 2008 and December 2012...The board of directors of the Hollymead Citizens Association informed residents last month that a slew of unauthorized charges had been made to the association’s bank account, but told homeowners to keep word of the audit quiet while police investigated the charges and the board continued to seek reimbursement. “They asked us to not make the audit public and to not even talk about it at cocktail parties because it could lower our property values,” Moruza said. Moruza is a member of Concerned Citizens of Hollymead, which is demanding changes to the homeowners association’s board of directors and greater transparency between board members and residents."
Another isolated incident! But this one has an additional angle: a claim that the BOD asked the home owners to keep it quiet.
"A former Hollymead homeowners association treasurer has been charged with embezzlement, court records show. Patricia Anne Cuthbert, 43, stands accused of embezzling more than $73,000 from the Hollymead Citizens Association, the neighborhood’s homeowners association, between January 2008 and December 2012...The board of directors of the Hollymead Citizens Association informed residents last month that a slew of unauthorized charges had been made to the association’s bank account, but told homeowners to keep word of the audit quiet while police investigated the charges and the board continued to seek reimbursement. “They asked us to not make the audit public and to not even talk about it at cocktail parties because it could lower our property values,” Moruza said. Moruza is a member of Concerned Citizens of Hollymead, which is demanding changes to the homeowners association’s board of directors and greater transparency between board members and residents."
Wednesday, August 14, 2013
Bottom line on curb and street repair is bad news for homeowners - latimes.com
Bottom line on curb and street repair is bad news for homeowners - latimes.com
Thanks to Fred Pilot for this link to a story about a "curb assessment district":
"You've paid your taxes for decades, but your crumbling street hasn't been repaved since the Eisenhower administration. So you ask City Hall to step up, and the response goes something like this: Sure, we'll fix the street. But only if, first, you pay several thousand dollars out of your own pocket to fix the curbs. As crazy as it sounds, that's exactly what's happening in one Mar Vista neighborhood, where homeowners are voting between now and Aug. 21 on whether to establish a curb assessment district."
Thanks to Fred Pilot for this link to a story about a "curb assessment district":
"You've paid your taxes for decades, but your crumbling street hasn't been repaved since the Eisenhower administration. So you ask City Hall to step up, and the response goes something like this: Sure, we'll fix the street. But only if, first, you pay several thousand dollars out of your own pocket to fix the curbs. As crazy as it sounds, that's exactly what's happening in one Mar Vista neighborhood, where homeowners are voting between now and Aug. 21 on whether to establish a curb assessment district."
Putting clothes out to dry? Hang on, some homeowners associations say | Q13 FOX News
Putting clothes out to dry? Hang on, some homeowners associations say | Q13 FOX News: According to the Seattle Times, a number of homeowners associations around Seattle ban residents from hanging clothes on an outdoor clothesline. Homeowners covenants site everything from health concerns — such as children choking or getting caught in the line — to unsightly or nuisance ordinances. Most new housing developments or apartment complexes ban clothelines, the Times reported, with the ban open to the discretion of the homeowners association.
At Redmond Ridge, for example, clothelines are banned because they “pose a strangulation hazard” and work against creating a “clean, well-kept community.” The Seattle Housing Authority bans clothelines in an effort to keep children safe. And the Sammamish’s Heritage Hill development considers clotheslines “unsightly.”
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Clotheslines get a pretty bad rap in parts of Privatopia, where they are suspected of strangling kids.
At Redmond Ridge, for example, clothelines are banned because they “pose a strangulation hazard” and work against creating a “clean, well-kept community.” The Seattle Housing Authority bans clothelines in an effort to keep children safe. And the Sammamish’s Heritage Hill development considers clotheslines “unsightly.”
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Clotheslines get a pretty bad rap in parts of Privatopia, where they are suspected of strangling kids.
Tuesday, August 13, 2013
Clothesline crusaders call laundry flap overblown | Local News | The Seattle Times
Clothesline crusaders call laundry flap overblown | Local News | The Seattle Times: Former state Rep. Deb Hall Eddy, D-Kirkland, not long ago considered sponsoring a bill to prohibit homeowners associations from banning clotheslines after a group of high-school students came to her with the idea. She didn’t get far when the powerful homeowners association lobby came to Olympia intent on crushing the idea because it saw the notion as state intervention in homeowners’ rights.
“It wasn’t going anywhere until you’ve got some equally powerful interest group in Olympia advocating for it,’’ she said. “Unfortunately, we create legislation by whether there is an interest group, not by what’s in the public interest.’’
Discouraged, Eddy dropped the idea.
But a number of energy conservationists say it’s time to reconsider.
There are 19 so-called “right to dry” states, including Oregon and California, that have outlawed bans on clotheslines.
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Community association industry astroturf wins out over clotheslines in Washington. But not in some other, sunnier states.
“It wasn’t going anywhere until you’ve got some equally powerful interest group in Olympia advocating for it,’’ she said. “Unfortunately, we create legislation by whether there is an interest group, not by what’s in the public interest.’’
Discouraged, Eddy dropped the idea.
But a number of energy conservationists say it’s time to reconsider.
There are 19 so-called “right to dry” states, including Oregon and California, that have outlawed bans on clotheslines.
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Community association industry astroturf wins out over clotheslines in Washington. But not in some other, sunnier states.
Monday, August 12, 2013
Grand jury indicts woman for $300,000 theft from condominium association - ky3.com
Grand jury indicts woman for $300,000 theft from condominium association - ky3.com
Look--another isolated incident!
"In a 23-count indictment handed up on July 23, a federal grand jury said it believes Sarah Underwood, 34, stole $311,280 from Fall Creek Condominiums between May 2011 and September 2012. Underwood worked there as a bookkeeper and payroll clerk."
Look--another isolated incident!
"In a 23-count indictment handed up on July 23, a federal grand jury said it believes Sarah Underwood, 34, stole $311,280 from Fall Creek Condominiums between May 2011 and September 2012. Underwood worked there as a bookkeeper and payroll clerk."
Zhang Lin builds mountain on apartment block in Beijing, China, to create dream penthouse | Mail Online
Zhang Lin builds mountain on apartment block in Beijing, China, to create dream penthouse | Mail Online
So you think you have problems with one of your neighbors in the condo? Not really:
"A Chinese man has spent six years building his dream mountaintop villa - on top of a Beijing apartment block. Eccentric Professor Zhang Lin shifted tons of rubble and rock onto the roof of the building to construct the outrageous home which looks like it has been carved from a mountainside."
So you think you have problems with one of your neighbors in the condo? Not really:
"A Chinese man has spent six years building his dream mountaintop villa - on top of a Beijing apartment block. Eccentric Professor Zhang Lin shifted tons of rubble and rock onto the roof of the building to construct the outrageous home which looks like it has been carved from a mountainside."
Friday, August 09, 2013
U.S. warns against eminent-domain mortgage seizures - latimes.com
U.S. warns against eminent-domain mortgage seizures - latimes.com
"The nation's top housing finance regulator threatened to choke off mortgage lending in cities that use eminent domain to seize underwater loans from lenders. The salvo from the Federal Housing Finance Agency came Thursday, on the heels of a lawsuit directed by major Wall Street firms and U.S.-sponsored mortgage giants Fannie Mae and Freddie Mac against the Bay Area city of Richmond. Richmond is the first to push forward with the plan, also being debated in cities across the state and nation. Richmond wants to require lenders and investors to sell underwater mortgages at a deep discount. The city would then refinance borrowers into more-affordable mortgages."
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In keeping with the Obama administration's predilection for continuing the bank-friendly policies of the Bush administration, FHFA is stepping in to prevent Richmond, CA, from using eminent domain to help out underwater homeowners. Obama's housing initiatives have done very little for homeowners--but, hey, the banks are doing great! The HAMP/HARP programs did very little for underwater homeowners. What it comes down to is this: homeowners can't get any meaningful relief from the feds, and now, when a city tries to do something the feds jump in to prevent it. In the meantime, the "too big to fail" banks borrow from the Fed using the "discount window" at virtually zero interest. This follows on the heels of Obama's recent supposedly major but really underwhelming speech announcing, among other things, that mortgage securitization is to become wholly a private undertaking, with Fannie and Freddie being phased out. I really don't see any concrete plan for how this is supposed to work, though. It seems like vaporware to me, but we shall see. There seems to be a consensus that the GSE's need to be done away with, but no agreement on how to make sure that private securitization of mortgages goes at a pace that will maintain liquidity for mortgage lenders. Thanks to Fred Pilot for the link.
"The nation's top housing finance regulator threatened to choke off mortgage lending in cities that use eminent domain to seize underwater loans from lenders. The salvo from the Federal Housing Finance Agency came Thursday, on the heels of a lawsuit directed by major Wall Street firms and U.S.-sponsored mortgage giants Fannie Mae and Freddie Mac against the Bay Area city of Richmond. Richmond is the first to push forward with the plan, also being debated in cities across the state and nation. Richmond wants to require lenders and investors to sell underwater mortgages at a deep discount. The city would then refinance borrowers into more-affordable mortgages."
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In keeping with the Obama administration's predilection for continuing the bank-friendly policies of the Bush administration, FHFA is stepping in to prevent Richmond, CA, from using eminent domain to help out underwater homeowners. Obama's housing initiatives have done very little for homeowners--but, hey, the banks are doing great! The HAMP/HARP programs did very little for underwater homeowners. What it comes down to is this: homeowners can't get any meaningful relief from the feds, and now, when a city tries to do something the feds jump in to prevent it. In the meantime, the "too big to fail" banks borrow from the Fed using the "discount window" at virtually zero interest. This follows on the heels of Obama's recent supposedly major but really underwhelming speech announcing, among other things, that mortgage securitization is to become wholly a private undertaking, with Fannie and Freddie being phased out. I really don't see any concrete plan for how this is supposed to work, though. It seems like vaporware to me, but we shall see. There seems to be a consensus that the GSE's need to be done away with, but no agreement on how to make sure that private securitization of mortgages goes at a pace that will maintain liquidity for mortgage lenders. Thanks to Fred Pilot for the link.
Running your association like a successful business - Lexology
Running your association like a successful business - Lexology
"What does it mean to run an association like a successful business? First and foremost, it means that the officers and directors must take their positions seriously and act with an eye toward what is best for the entire corporation and its members and what will enhance the corporation’s assets. They do not act with a personal agenda or out of personal feelings toward any of the members. Instead, they act with a view to the future and what will be best in the long-run for the association. This includes things such as not showing preferences for certain members in connection with the enforcement of rules or the collection of assessments. It also means that the association does not defer or take short cuts with required maintenance or other projects that are vital to the preservation of the common areas and other portions of the property for which the association is responsible. Secondly, running the association like a business means educating yourself on legal, financial and other matters that impact your business. This does not mean that your board must be comprised only of attorneys, CPA’s or other business owners or that they must already bring with them some kind of relevant experience or knowledge about running a business. What it does mean is that those who volunteer to serve for the board must be willing to educate themselves as to what they need to know to make the corporation successful."
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That second point--that the board members need to educate themselves--is something that needs to be emphasized. Too many people become board members without learning how to do the job.
"What does it mean to run an association like a successful business? First and foremost, it means that the officers and directors must take their positions seriously and act with an eye toward what is best for the entire corporation and its members and what will enhance the corporation’s assets. They do not act with a personal agenda or out of personal feelings toward any of the members. Instead, they act with a view to the future and what will be best in the long-run for the association. This includes things such as not showing preferences for certain members in connection with the enforcement of rules or the collection of assessments. It also means that the association does not defer or take short cuts with required maintenance or other projects that are vital to the preservation of the common areas and other portions of the property for which the association is responsible. Secondly, running the association like a business means educating yourself on legal, financial and other matters that impact your business. This does not mean that your board must be comprised only of attorneys, CPA’s or other business owners or that they must already bring with them some kind of relevant experience or knowledge about running a business. What it does mean is that those who volunteer to serve for the board must be willing to educate themselves as to what they need to know to make the corporation successful."
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That second point--that the board members need to educate themselves--is something that needs to be emphasized. Too many people become board members without learning how to do the job.
Zimmerman Free But Gated Communities Guilty | Planetizen: The Urban Planning, Design, and Development Network
Zimmerman Free But Gated Communities Guilty | Planetizen: The Urban Planning, Design, and Development Network
Urban planner Ed Blakely, co-author of Fortress America, sees it this way:
"Until gated community ownership organizations are held accountable for the actions of their residents and security agents, we will see the use of “stand your ground” and home security arguments as veils for deeper racial and socioeconomic profiling. When the residents of gated communities can assess who can move on their so-called property, no one who crosses into that territory is safe. The only way to change this is to extend by state laws the obligation of gated community associations to be liable for the actions of residents or hired agents who act to control the space. In essence, if the gate is the front door, the community associations have to take on the full liability for any actions taken to protect the turf. If this simple legal approach to organizational liability is taken, then gated communities can protect their property as long as they don't violate anyone’s constitutional rights."
Urban planner Ed Blakely, co-author of Fortress America, sees it this way:
"Until gated community ownership organizations are held accountable for the actions of their residents and security agents, we will see the use of “stand your ground” and home security arguments as veils for deeper racial and socioeconomic profiling. When the residents of gated communities can assess who can move on their so-called property, no one who crosses into that territory is safe. The only way to change this is to extend by state laws the obligation of gated community associations to be liable for the actions of residents or hired agents who act to control the space. In essence, if the gate is the front door, the community associations have to take on the full liability for any actions taken to protect the turf. If this simple legal approach to organizational liability is taken, then gated communities can protect their property as long as they don't violate anyone’s constitutional rights."
Wednesday, August 07, 2013
WWII vet says HOA won't let him fly US flag - Atlanta News, Weather, Traffic, and Sports | FOX 5
WWII vet says HOA won't let him fly US flag - Atlanta News, Weather, Traffic, and Sports | FOX 5: They said that four HOA board members came to his door and ordered him to take the flag down or face a fine of up to $25 a day.
"He was proud to serve. He just cried a bucket of tears when he found out he could not fly the flag of freedom. It is a piece of cloth, but it stands for our freedom," said Louise Helton.
Update: Courtney Lytle, a local lawyer, said that Helton can legally fly the Stars and Stripes. "The Federal Freedom to Display the Flag Act of 2005 specifically states that a homeowners association is not allowed to forbid homeowners from displaying the flag," said Lytle. "An HOA can restrict the display in how it's done."
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More bad press for Privatopia. Film at 10 on Fox 5 Atlanta.
"He was proud to serve. He just cried a bucket of tears when he found out he could not fly the flag of freedom. It is a piece of cloth, but it stands for our freedom," said Louise Helton.
Update: Courtney Lytle, a local lawyer, said that Helton can legally fly the Stars and Stripes. "The Federal Freedom to Display the Flag Act of 2005 specifically states that a homeowners association is not allowed to forbid homeowners from displaying the flag," said Lytle. "An HOA can restrict the display in how it's done."
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More bad press for Privatopia. Film at 10 on Fox 5 Atlanta.
Is America seeing 'The End of The Suburbs'? - TODAY.com
Is America seeing 'The End of The Suburbs'? - TODAY.com: The reasons are varied, but several disparate factors all point to a decrease in demand for traditional suburban living: many Americans are tiring of the physical aspect of the suburbs, the design of which has changed dramatically over the years to gradually spread people farther and farther apart from one another and the things they like to do, making them increasingly reliant on their cars and, increasingly, on Thelma and Louise –length commutes. Big demographic shifts are seeing our population grow older, younger, and more diverse seemingly all at once, while powerful social trends are shrinking and transforming the American nuclear family, long the dominant driver of suburbia. An epic financial crisis coupled with the rising cost of energy has made punishing commutes also unaffordable, while a new- found hyperawareness of environmental issues has shaken up and re-ordered our priorities in ways that stand in direct conflict to the suburban way of life.
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As go the 'burbs, so goes Privatopia. But only part of it. While a suburban decline might not bode well for big planned unit common interest developments and gated communities, the author's premise of a concurrent rise in urban living could boost attached common interest developments such as condo and coop projects.
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As go the 'burbs, so goes Privatopia. But only part of it. While a suburban decline might not bode well for big planned unit common interest developments and gated communities, the author's premise of a concurrent rise in urban living could boost attached common interest developments such as condo and coop projects.
Tuesday, August 06, 2013
Pennsylvanians ask feds to help disarm intimidating small-town militia — RT USA
Pennsylvanians ask feds to help disarm intimidating small-town militia — RT USA
You may have read about Mark Kessler, the police chief of Gilberton, PA, who made international news when he was suspended by the city council for right-wing, gun-nut, anti-government ranting on YouTube [follow the link to the story and you will find one of his crazy videos--I'm not linking to it]. Well, here's chapter two: He has his own militia, called the Constitution Security Force, and they are making life...interesting for the good people of Gilberton: "Although Gilberton only holds around 700 citizens, nearly 900 people have already signed their names to a petition asking the Pennsylvania National Guard to come and disarm Kessler 'and his thugs.'”
This is from RT:
Tensions between Kessler and his critics have been high since before the videos began surfacing, but matters were only made worse last Wednesday when the chief asked his Constitution Security Force to surround the town meeting where his suspension was to be discussed. “When it came time to open the small borough building for the public meeting, these armed men blocked the doors and prevented people from going inside,” local reporter John Luciew wrote from the hearing. “I have been organizing for four decades. I have faced Klansmen in Kentucky, Ustase in Bosnia and police indiscriminately beating demonstrators in Italy. [Wednesday] night in Gilberton was more frightening than any of those situations,” Michael Morril of Keystone Progress told Huffington Post. In all, around 100 members of the CSF — outfitted with AR-15 assault rifles — are said to have descended on the scene last Wednesday. Inside the borough hall, the handful of residents lucky enough to bypass Kessler’s security detail spoke of the chief’s intimidation tactics — and a petition signed by 20,000 people demanding Kessler’s termination was delivered to the council.
You may have read about Mark Kessler, the police chief of Gilberton, PA, who made international news when he was suspended by the city council for right-wing, gun-nut, anti-government ranting on YouTube [follow the link to the story and you will find one of his crazy videos--I'm not linking to it]. Well, here's chapter two: He has his own militia, called the Constitution Security Force, and they are making life...interesting for the good people of Gilberton: "Although Gilberton only holds around 700 citizens, nearly 900 people have already signed their names to a petition asking the Pennsylvania National Guard to come and disarm Kessler 'and his thugs.'”
This is from RT:
Tensions between Kessler and his critics have been high since before the videos began surfacing, but matters were only made worse last Wednesday when the chief asked his Constitution Security Force to surround the town meeting where his suspension was to be discussed. “When it came time to open the small borough building for the public meeting, these armed men blocked the doors and prevented people from going inside,” local reporter John Luciew wrote from the hearing. “I have been organizing for four decades. I have faced Klansmen in Kentucky, Ustase in Bosnia and police indiscriminately beating demonstrators in Italy. [Wednesday] night in Gilberton was more frightening than any of those situations,” Michael Morril of Keystone Progress told Huffington Post. In all, around 100 members of the CSF — outfitted with AR-15 assault rifles — are said to have descended on the scene last Wednesday. Inside the borough hall, the handful of residents lucky enough to bypass Kessler’s security detail spoke of the chief’s intimidation tactics — and a petition signed by 20,000 people demanding Kessler’s termination was delivered to the council.
U.S. accuses Bank of America of mortgage-backed securities fraud | Reuters
U.S. accuses Bank of America of mortgage-backed securities fraud | Reuters
The two suits accuse Bank of America of making misleading statements and failing to disclose important facts about the mortgages underlying a securitization named BOAMS 2008-A. "These misstatements and omissions concerned the quality and safety of the mortgages collateralizing the BOAMS 2008-A securitization, how it originated those mortgages and the likelihood that the 'prime' loans would perform as expected," the Justice Department said in its statement. A "material number" of mortgages in the pool "failed to materially adhere to Bank of America's underwriting standards," the statement said. Bank of America has announced a series of settlements with investors and the U.S. government, including an $8.5 billion settlement with investors in mortgage-backed securities and a $1.6 billion deal with bond insurer MBIA Inc.
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These securitizations go back to 2008, just when the whole house of cards was collapsing.
The two suits accuse Bank of America of making misleading statements and failing to disclose important facts about the mortgages underlying a securitization named BOAMS 2008-A. "These misstatements and omissions concerned the quality and safety of the mortgages collateralizing the BOAMS 2008-A securitization, how it originated those mortgages and the likelihood that the 'prime' loans would perform as expected," the Justice Department said in its statement. A "material number" of mortgages in the pool "failed to materially adhere to Bank of America's underwriting standards," the statement said. Bank of America has announced a series of settlements with investors and the U.S. government, including an $8.5 billion settlement with investors in mortgage-backed securities and a $1.6 billion deal with bond insurer MBIA Inc.
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These securitizations go back to 2008, just when the whole house of cards was collapsing.
Gunman kills three at Ross Township meeting | PoconoRecord.com
Gunman kills three at Ross Township meeting | PoconoRecord.
"Three people died Monday night when a gunman opened fire on a Ross Township municipal meeting, indiscriminately shooting into the building, authorities said. Eyewitnesses at the scene and state police identified the gunman as Rockne Newell, a self-proclaimed junk collector who has had a long-simmering feud with the township for keeping a junkyard on his property."
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The background to this horrible incident is in an article from the Pocono Record in June. There are several issues with his property--junk, emergency vehicle access, no building permits, etc.. It appears that he is one of these folks who thinks he can do whatever he wants on his property. Now he has killed three people.
"Ross Township hopes to buy a Flyte Road property, deemed an eyesore and up for sheriff's sale next month, to clean it up and remove what it calls a stream obstruction. Ruling in the township's favor, Monroe County Court last August ordered Rockne Newell, 59, to vacate and never again occupy or use the property, unless he has the proper permits to do so. The township's efforts to take over the land he's owned since 1990 are the latest development in an 18-year battle against Newell. "This is total (horse excrement)," said Newell, who has been living out of his 1984 Fiero and in abandoned buildings since being ordered to vacate. "They have no right to kick me off my property. They call my property an 'eyesore.' When I bought it, it was one of only three properties on the entire road that didn't have what they call 'junk.'"
"Three people died Monday night when a gunman opened fire on a Ross Township municipal meeting, indiscriminately shooting into the building, authorities said. Eyewitnesses at the scene and state police identified the gunman as Rockne Newell, a self-proclaimed junk collector who has had a long-simmering feud with the township for keeping a junkyard on his property."
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The background to this horrible incident is in an article from the Pocono Record in June. There are several issues with his property--junk, emergency vehicle access, no building permits, etc.. It appears that he is one of these folks who thinks he can do whatever he wants on his property. Now he has killed three people.
"Ross Township hopes to buy a Flyte Road property, deemed an eyesore and up for sheriff's sale next month, to clean it up and remove what it calls a stream obstruction. Ruling in the township's favor, Monroe County Court last August ordered Rockne Newell, 59, to vacate and never again occupy or use the property, unless he has the proper permits to do so. The township's efforts to take over the land he's owned since 1990 are the latest development in an 18-year battle against Newell. "This is total (horse excrement)," said Newell, who has been living out of his 1984 Fiero and in abandoned buildings since being ordered to vacate. "They have no right to kick me off my property. They call my property an 'eyesore.' When I bought it, it was one of only three properties on the entire road that didn't have what they call 'junk.'"
Sunday, August 04, 2013
Banks Find S.&P. More Favorable in Bond Ratings - NYTimes.com
Banks Find S.& P. More Favorable in Bond Ratings - NYTimes.com
Actually, it's a bit more dramatic than that. The rating agencies gave AAA ratings to mortgage backed bonds (Residential Mortgage Backed Securities, or RMBS) that were in fact about as far from AAA as any investment could get. They were worse than junk bonds and turned out in many cases to have been completely worthless because the mortgages that the bonds represented were issued to people with no money, no job, no assets, no down payment, and no chance that they would make mortgage payments. And now, here we go again:
"S.& P. has been giving higher grades than its big rivals to certain mortgage-backed securities just as Wall Street is eagerly trying to revive the market for these investments, according to an analysis conducted for The New York Times by Commercial Mortgage Alert, which collects data on the industry. S.& P.’s chase for business is notable because it is fighting a government lawsuit accusing it of similar action before the financial crisis."
Actually, it's a bit more dramatic than that. The rating agencies gave AAA ratings to mortgage backed bonds (Residential Mortgage Backed Securities, or RMBS) that were in fact about as far from AAA as any investment could get. They were worse than junk bonds and turned out in many cases to have been completely worthless because the mortgages that the bonds represented were issued to people with no money, no job, no assets, no down payment, and no chance that they would make mortgage payments. And now, here we go again:
"S.& P. has been giving higher grades than its big rivals to certain mortgage-backed securities just as Wall Street is eagerly trying to revive the market for these investments, according to an analysis conducted for The New York Times by Commercial Mortgage Alert, which collects data on the industry. S.& P.’s chase for business is notable because it is fighting a government lawsuit accusing it of similar action before the financial crisis."
Palm Desert HOA to use settlement for a new drainage system | The Desert Sun | mydesert.com
Palm Desert HOA to use settlement for a new drainage system | The Desert Sun | mydesert.com
"The $2.7 million awarded to a Palm Desert homeowners association in a lawsuit against its engineering firm will be used to install a new drainage system and reimburse the HOA for money spent on clearing the neighborhood of flood waters several times over three years, the HOA’s attorney said Saturday.
I'd say they need one:
"The $2.7 million awarded to a Palm Desert homeowners association in a lawsuit against its engineering firm will be used to install a new drainage system and reimburse the HOA for money spent on clearing the neighborhood of flood waters several times over three years, the HOA’s attorney said Saturday.
I'd say they need one:
Libertarian populism: The economic prescription for the right | WashingtonExaminer.com
Libertarian populism: The economic prescription for the right | WashingtonExaminer.com
Libertarianism is one of the cornerstones of common interest housing, although hardly anybody who lives in a CID knows that. And here is a writer from the American Enterprise Institute (right wing think tank) laying out a prescription for a form of libertarianism that could potentially make the Republican Party a majority party. After all, despite all that Fox News/AM radio nonsense about Obama being a socialist, the truth is that the Democratic Party isn't really doing much to make life better for the declining middle class or what used to be called the working class. The Democrats are almost as committed to propping up too-big-to-fail banks, handing out subsidies and tax breaks to corporations, and waging endless unwinnable wars as the Republicans are. Both parties are out of favor with the public. That creates a huge window of opportunity for a populist movement. The Tea Party is not that movement. It has fizzled as a popular movement and is now mainly a corporate-funded astroturf proxy for the religious right, fanatical tax protesters, and racists. Neither is the Occupy movement, which was suppressed by city police departments and appears to have no real future. And third parties face tremendous obstacles in the American political system. But if a true populist movement took hold in either major party, it would be a powerful electoral force. But the elites who control the two major parties should be expected to resist with all their might.
Libertarianism is one of the cornerstones of common interest housing, although hardly anybody who lives in a CID knows that. And here is a writer from the American Enterprise Institute (right wing think tank) laying out a prescription for a form of libertarianism that could potentially make the Republican Party a majority party. After all, despite all that Fox News/AM radio nonsense about Obama being a socialist, the truth is that the Democratic Party isn't really doing much to make life better for the declining middle class or what used to be called the working class. The Democrats are almost as committed to propping up too-big-to-fail banks, handing out subsidies and tax breaks to corporations, and waging endless unwinnable wars as the Republicans are. Both parties are out of favor with the public. That creates a huge window of opportunity for a populist movement. The Tea Party is not that movement. It has fizzled as a popular movement and is now mainly a corporate-funded astroturf proxy for the religious right, fanatical tax protesters, and racists. Neither is the Occupy movement, which was suppressed by city police departments and appears to have no real future. And third parties face tremendous obstacles in the American political system. But if a true populist movement took hold in either major party, it would be a powerful electoral force. But the elites who control the two major parties should be expected to resist with all their might.
Bombshell: Plutocrats Brazenly Collude to Hurt State Economies and Screw Working People | Alternet
Bombshell: Plutocrats Brazenly Collude to Hurt State Economies and Screw Working People | Alternet
The Civic Committee of the Commercial Club of Chicago has been leading the campaign (heavily promoted by the Chicago Tribune) to destroy the public employee pension systems in the state of Illinois. The state faces a huge funding deficit with these pensions, because for about 40 years the state legislature has consistently refused to fund their share of these pension funds, while the employees have of course paid their 8 or 9% of their gross pay with every single paycheck. Now it is a matter of increasing taxes to fund the pensions or cut the pensions. But cutting the pensions is espressly forbidden by the Illinois State Constitution ("ARTICLE XIII, SECTION 5. PENSION AND RETIREMENT RIGHTS
Membership in any pension or retirement system of the
State, any unit of local government or school district, or
any agency or instrumentality thereof, shall be an
enforceable contractual relationship, the benefits of which
shall not be diminished or impaired."
Because of the immorality and illegality of screwing the state employees, drastic means are needed to get the state legislature to do it. Only by creating a crisis can this be done. How to create a crisis? Let's go to the tape:
The Civic Committee of the Commercial Club of Chicago has been leading the campaign (heavily promoted by the Chicago Tribune) to destroy the public employee pension systems in the state of Illinois. The state faces a huge funding deficit with these pensions, because for about 40 years the state legislature has consistently refused to fund their share of these pension funds, while the employees have of course paid their 8 or 9% of their gross pay with every single paycheck. Now it is a matter of increasing taxes to fund the pensions or cut the pensions. But cutting the pensions is espressly forbidden by the Illinois State Constitution ("ARTICLE XIII, SECTION 5. PENSION AND RETIREMENT RIGHTS
Membership in any pension or retirement system of the
State, any unit of local government or school district, or
any agency or instrumentality thereof, shall be an
enforceable contractual relationship, the benefits of which
shall not be diminished or impaired."
Because of the immorality and illegality of screwing the state employees, drastic means are needed to get the state legislature to do it. Only by creating a crisis can this be done. How to create a crisis? Let's go to the tape:
Audience member: “Maybe sometimes you gotta be irresponsible to be responsible. If a political solution really doesn’t produce a favorable outcome, maybe you really need a market solution. And a market solution, I don’t mean bankruptcy, I mean actually talking down the state rating even further so the state’s bonds essentially become below investment grade. And it drives up the borrowing cost to the state and all of us to a significant level enough that you really feel the public pressure…”Ty Fahner (former IL Attorney General, now head of the Civic Committee of the Commercial Club): “The Civic Committee, not me, but me and some of the people that make up the Civic Committee… did meet with and call – in one case in person – and a couple of calls to Moody’s and Fitch and Standard & Poors, and say, How in the hell can you guys do this?"
Fahner went on to take credit for downgrades to Illinois credit ratings, saying, "If you watch what happened in the last few years, it's been steadily down.”
Friday, August 02, 2013
FBI calls 2001 HOA scheme precursor to the big one
"It had the makings of a lucrative construction defect scheme. A California law firm, an architect and a construction company were conspiring to pack the homeowners association board at the Starfire condominium complex in southwest Las Vegas with straw buyers to win contracts to pursue construction defect litigation and eventual repair work. Phony defect claims were devised, and HOA board members were bribed with cash and prostitutes to steer business to the conspirators. A little-known investigation into the scheme was conducted by the Nevada attorney general’s office in 2001, but no charges were ever filed. The investigation, however, is considered the forerunner to Operation GrandMaster, the six-year Justice Department probe into a similar takeover of 11 homeowners associations across the valley, according to the FBI. And it may be what triggered the involvement of the late construction defect lawyer Nancy Quon in the valleywide takeover scheme, which occurred between 2003 and 2009." [emphasis added]
-------------------
Another big story from the Las Vegas Review-Journal on the huge Las Vegas HOA takeover scheme. The US Department of Justice calls their investigation Operation Grandmaster. Apparently a defense attorney in this case is asking why a 2001 investigation by the Nevada Attorney General's office into an apparent HOA takeover plot never went anywhere and they decided not to prosecute, even though (the attorney says) the Starfire situation was similar to what ended up happening between 2003 and 2009 in eleven HOAs, and that became the DOJ's current Operation Grandmaster prosecution.
"It had the makings of a lucrative construction defect scheme. A California law firm, an architect and a construction company were conspiring to pack the homeowners association board at the Starfire condominium complex in southwest Las Vegas with straw buyers to win contracts to pursue construction defect litigation and eventual repair work. Phony defect claims were devised, and HOA board members were bribed with cash and prostitutes to steer business to the conspirators. A little-known investigation into the scheme was conducted by the Nevada attorney general’s office in 2001, but no charges were ever filed. The investigation, however, is considered the forerunner to Operation GrandMaster, the six-year Justice Department probe into a similar takeover of 11 homeowners associations across the valley, according to the FBI. And it may be what triggered the involvement of the late construction defect lawyer Nancy Quon in the valleywide takeover scheme, which occurred between 2003 and 2009." [emphasis added]
-------------------
Another big story from the Las Vegas Review-Journal on the huge Las Vegas HOA takeover scheme. The US Department of Justice calls their investigation Operation Grandmaster. Apparently a defense attorney in this case is asking why a 2001 investigation by the Nevada Attorney General's office into an apparent HOA takeover plot never went anywhere and they decided not to prosecute, even though (the attorney says) the Starfire situation was similar to what ended up happening between 2003 and 2009 in eleven HOAs, and that became the DOJ's current Operation Grandmaster prosecution.
Thursday, August 01, 2013
Plan For Belle Isle Utopia Revived After Bankruptcy Filing « CBS Detroit
Plan For Belle Isle Utopia Revived After Bankruptcy Filing « CBS Detroit
"DETROIT (WWJ) - Should Belle Isle be sold for $1 billion to a developer so he can turn it into a tax-free “commonwealth” — with its own laws? The outlandish idea, initially proposed early this year, is gaining some interest now that Detroit has filed for bankruptcy. That’s according to Rod Lockwood, who wants to turn the island into a private city-state with a focus on free market capitalism and limited government.
------------------
Another utopian libertarian. That's why I call it privatopia.
"DETROIT (WWJ) - Should Belle Isle be sold for $1 billion to a developer so he can turn it into a tax-free “commonwealth” — with its own laws? The outlandish idea, initially proposed early this year, is gaining some interest now that Detroit has filed for bankruptcy. That’s according to Rod Lockwood, who wants to turn the island into a private city-state with a focus on free market capitalism and limited government.
------------------
Another utopian libertarian. That's why I call it privatopia.
Tuesday, July 30, 2013
Couple in nasty battle with South Natomas homeowners association - Real Estate - The Sacramento Bee
Couple in nasty battle with South Natomas homeowners association - Real Estate - The Sacramento Bee
"The Campbells say the dispute began when they raised questions about the association's finances and complained about a lack of handicapped access to the neighborhood swimming pool. In return, they say, they were threatened with fines, disciplined, and denied homeowner privileges. The dispute has escalated to the point that the Campbells say they have gone to the FBI with allegations about the association's finances, while the association's lawyers have told the Campbells they don't even own their home."
------------------
I was interviewed for this story and had this to say:
"Despite the prevalence of HOAs, there is no government entity that regularly oversees how they operate, McKenzie said. There are many devoted board members and many conscientious association lawyers, he said. But when things turn sour, associations and their lawyers wield outsized power, while homeowners have little recourse. Litigation is often the homeowners' only option, but few have the funds to hire lawyers, McKenzie said. He likened it to a criminal justice system with prosecutors but no defense lawyers. "Because they only represent one side, they become extremely adversarial," McKenzie said of HOA attorneys. "They are pro-association and anti-owner. They want total obedience. The owners are the enemy. They see them as troublemakers."
"The Campbells say the dispute began when they raised questions about the association's finances and complained about a lack of handicapped access to the neighborhood swimming pool. In return, they say, they were threatened with fines, disciplined, and denied homeowner privileges. The dispute has escalated to the point that the Campbells say they have gone to the FBI with allegations about the association's finances, while the association's lawyers have told the Campbells they don't even own their home."
------------------
I was interviewed for this story and had this to say:
"Despite the prevalence of HOAs, there is no government entity that regularly oversees how they operate, McKenzie said. There are many devoted board members and many conscientious association lawyers, he said. But when things turn sour, associations and their lawyers wield outsized power, while homeowners have little recourse. Litigation is often the homeowners' only option, but few have the funds to hire lawyers, McKenzie said. He likened it to a criminal justice system with prosecutors but no defense lawyers. "Because they only represent one side, they become extremely adversarial," McKenzie said of HOA attorneys. "They are pro-association and anti-owner. They want total obedience. The owners are the enemy. They see them as troublemakers."
A City Invokes Seizure Laws to Save Homes - NYTimes.com
A City Invokes Seizure Laws to Save Homes - NYTimes.com
Given that the federal government won't do anything meaningful to help underwater home owners, one city is doing something:
"Richmond is offering to buy both current and delinquent loans. To defend against the charge that irresponsible homeowners who used their homes as A.T.M.’s are being helped at the expense of investors, the first pool of 626 loans does not include any homes with large second mortgages, said Steven M. Gluckstern, the chairman of Mortgage Resolution Partners. The city is offering to buy the loans at what it considers the fair market value. In a hypothetical example, a home mortgaged for $400,000 is now worth $200,000. The city plans to buy the loan for $160,000, or about 80 percent of the value of the home, a discount that factors in the risk of default. Then, the city would write down the debt to $190,000 and allow the homeowner to refinance at the new amount, probably through a government program. The $30,000 difference goes to the city, the investors who put up the money to buy the loan, closing costs and M.R.P. The homeowner would go from owing twice what the home is worth to having $10,000 in equity."
Given that the federal government won't do anything meaningful to help underwater home owners, one city is doing something:
"Richmond is offering to buy both current and delinquent loans. To defend against the charge that irresponsible homeowners who used their homes as A.T.M.’s are being helped at the expense of investors, the first pool of 626 loans does not include any homes with large second mortgages, said Steven M. Gluckstern, the chairman of Mortgage Resolution Partners. The city is offering to buy the loans at what it considers the fair market value. In a hypothetical example, a home mortgaged for $400,000 is now worth $200,000. The city plans to buy the loan for $160,000, or about 80 percent of the value of the home, a discount that factors in the risk of default. Then, the city would write down the debt to $190,000 and allow the homeowner to refinance at the new amount, probably through a government program. The $30,000 difference goes to the city, the investors who put up the money to buy the loan, closing costs and M.R.P. The homeowner would go from owing twice what the home is worth to having $10,000 in equity."
Sunday, July 28, 2013
Neighbors vs. Pine Village North HOA: New allegations arise in legal battle | abc13.com
Neighbors vs. Pine Village North HOA: New allegations arise in legal battle | abc13.com: HOUSTON (KTRK) -- Residents in Pine Village North in northeast Houston are at odds with their homeowners association again.
They took the board to court and reached a deal. Now, they say the deal is a no-go.
Dilapidated buildings, burnt out homes, a community pool with no water -- some residents say their subdivision is falling apart, and they've had enough.
------------
Texas-sized trouble in Privatopia in the Lone Star State. Film at 10 on KTRK-TV Houston.
They took the board to court and reached a deal. Now, they say the deal is a no-go.
Dilapidated buildings, burnt out homes, a community pool with no water -- some residents say their subdivision is falling apart, and they've had enough.
------------
Texas-sized trouble in Privatopia in the Lone Star State. Film at 10 on KTRK-TV Houston.
Thursday, July 25, 2013
The problem with planned communities | Milford PA | Local News
The problem with planned communities | Milford PA | Local News: Pennsylvania's Uniform Planned Community Act of 1997 regulates homeowners' associations that own or maintain common areas. Typically, a homeowners' association will own, maintain, or control open spaces, entrance gates, streets, street lights, walking trails, beaches, hydrants, storm water management systems, and on-site septic systems, unless these services and amenities are dedicated to the municipality in which they are located.
Peifer said the Uniform Planned Community Act is a good document but it has no “teeth” to it.
John Crerand, president of the Alliance of Community Associations, said the Act needs to be amended so that the answer to every problem arising between homeowners and their community boards of directors is not always “sue me.” This is the only legal route an individual homeowner can take, but it is cost-prohibitive, he said.
-------------
The article goes on to cite a host of ills plaguing Pennsylvania's version of Privatopia including double property taxation -- a local government tax bill plus another from the HOA.
Peifer said the Uniform Planned Community Act is a good document but it has no “teeth” to it.
John Crerand, president of the Alliance of Community Associations, said the Act needs to be amended so that the answer to every problem arising between homeowners and their community boards of directors is not always “sue me.” This is the only legal route an individual homeowner can take, but it is cost-prohibitive, he said.
-------------
The article goes on to cite a host of ills plaguing Pennsylvania's version of Privatopia including double property taxation -- a local government tax bill plus another from the HOA.
Monday, July 22, 2013
Homeowner’s association digs in over Brandermill garden war | WTVR.com
Homeowner’s association digs in over Brandermill garden war | WTVR.com: CHESTERFIELD, Va. (WTVR)–A garden could soon cost a Chesterfield family a lot of money, because their patch of flowers and vegetables has upset the homeowner’s association.
Chris Gilson loves his vegetable garden and loves teaching his daughters and other neighborhood kids how to care for it.
But a controversy is growing.
Gilson says it started when the Brandermill Community Association (BCA)sent a notice of violation and asked him to remove this planter box.
“We got another letter stating removing your vegetable garden and planter box or else get fined $10 dollars per day,” he said.
-----------------
Planter box threatens property values; could ignite another housing market price collapse. Film at 10 on Channel 6, WTVR, Richmond.
Chris Gilson loves his vegetable garden and loves teaching his daughters and other neighborhood kids how to care for it.
But a controversy is growing.
Gilson says it started when the Brandermill Community Association (BCA)sent a notice of violation and asked him to remove this planter box.
“We got another letter stating removing your vegetable garden and planter box or else get fined $10 dollars per day,” he said.
-----------------
Planter box threatens property values; could ignite another housing market price collapse. Film at 10 on Channel 6, WTVR, Richmond.
Adam Silberman, Banker: jumps out of seventh-floor window following fight with building co-op over his poodles | Mail Online
Adam Silberman, Banker: jumps out of seventh-floor window following fight with building co-op over his poodles | Mail Online
"According to his father-in-law, Paul Lord Ender, the banker had been depressed after neighbors complained about the couple's dogs barking and playing in the lobby, prompting an ongoing battle with the co-op board. One dog had already been sent away, The New York Post reported.
Police also found 'crack paraphernalia' during a search of the couple's apartment at 860 Fifth Avenue near 68th Street, according to The Post. It wasn't clear, however, whether Silberman used the drug himself. A family friend of Silberman's, Michael Moss, insisted Silberman did not abuse alcohol or illegal substances.He said the banker's troubles were all down to his high pressure job and beloved pets.
'The stress was too much for him,' Moss told The Post, adding that his own daughter took one of the French poodles off the Silbermans hands last week."
------------
But he survived the seven-story fall, albeit with serious injuries, because he hit an awning on the second floor. I thought that only worked in Jackie Chan movies.
"According to his father-in-law, Paul Lord Ender, the banker had been depressed after neighbors complained about the couple's dogs barking and playing in the lobby, prompting an ongoing battle with the co-op board. One dog had already been sent away, The New York Post reported.
Police also found 'crack paraphernalia' during a search of the couple's apartment at 860 Fifth Avenue near 68th Street, according to The Post. It wasn't clear, however, whether Silberman used the drug himself. A family friend of Silberman's, Michael Moss, insisted Silberman did not abuse alcohol or illegal substances.He said the banker's troubles were all down to his high pressure job and beloved pets.
'The stress was too much for him,' Moss told The Post, adding that his own daughter took one of the French poodles off the Silbermans hands last week."
------------
But he survived the seven-story fall, albeit with serious injuries, because he hit an awning on the second floor. I thought that only worked in Jackie Chan movies.
Thursday, July 18, 2013
Staropoli et al. v. Arizona | aclpi.org
Staropoli et al. v. Arizona | aclpi.org
George Staropoli and William Brown are the plaintiffs in a suit filed by the Arizona Center for Law in the Public Interest that challenges recently-enacted SB 1454 on the grounds that the bill violates the single-subject rule and the rule requiring that the title of the bill reflect all matters addressed by the bill.
You can read the complaint here. It appears from the complaint that the HOA-related provisions of this bill were put into SB 1454 after those provisions were defeated in HB 2371, which Staropoli and Brown opposed. The title of SB 1454 says it is about elections and it was originally a campaign finance measure.
It appears that State Representative Michelle Ugenti is the individual who introduced the amendments. Here is how the Center summarizes what they claim she did:
"The Bill, which started out in the Senate as a campaign finance bill, ran afoul of the Arizona Constitution when it was amended in the House of Representatives to include numerous unrelated provisions dealing with Homeowners Associations (HOAs). The unrelated provisions were added to the bill at the behest of Representative Michelle Ugenti who had earlier tried, unsuccessfully, to get the provisions enacted into law in a separate bill."
George Staropoli and William Brown are the plaintiffs in a suit filed by the Arizona Center for Law in the Public Interest that challenges recently-enacted SB 1454 on the grounds that the bill violates the single-subject rule and the rule requiring that the title of the bill reflect all matters addressed by the bill.
You can read the complaint here. It appears from the complaint that the HOA-related provisions of this bill were put into SB 1454 after those provisions were defeated in HB 2371, which Staropoli and Brown opposed. The title of SB 1454 says it is about elections and it was originally a campaign finance measure.
It appears that State Representative Michelle Ugenti is the individual who introduced the amendments. Here is how the Center summarizes what they claim she did:
"The Bill, which started out in the Senate as a campaign finance bill, ran afoul of the Arizona Constitution when it was amended in the House of Representatives to include numerous unrelated provisions dealing with Homeowners Associations (HOAs). The unrelated provisions were added to the bill at the behest of Representative Michelle Ugenti who had earlier tried, unsuccessfully, to get the provisions enacted into law in a separate bill."
Wednesday, July 17, 2013
Residents of sinking Calif. subdivision file claim - SFGate
Residents of sinking Calif. subdivision file claim - SFGate: A leaking county water system that went undetected for months saturated the hillside and caused the ground to give way, said Michael Green, an attorney for the 41 homeowners in the subdivision with sweeping views of Clear Lake in Northern California.
Green is seeking $5 million for each homeowner in the claim filed last month against the county.
"They're facing a pretty significant economic disaster," he said.
--------------
This is a bit of a twist on the often unfortunate encounter between water and HOA dwelling units. The usual context is a construction defect claim against the builder and/or subcontractors for water intrusion. This one's against the local government for water underneath the dwellings, causing the earth to swallow them up. Call it water subversion.
Green is seeking $5 million for each homeowner in the claim filed last month against the county.
"They're facing a pretty significant economic disaster," he said.
--------------
This is a bit of a twist on the often unfortunate encounter between water and HOA dwelling units. The usual context is a construction defect claim against the builder and/or subcontractors for water intrusion. This one's against the local government for water underneath the dwellings, causing the earth to swallow them up. Call it water subversion.
Tuesday, July 16, 2013
The Volokh Conspiracy » Our Amicus Brief on the Property Rights of Private Planned Communities
The Volokh Conspiracy » Our Amicus Brief on the Property Rights of Private Planned Communities
Thanks to "Right to Own" for this alert: The Volokh Conspiracy (a libertarian law professor blog) reports that The Cato Institute, a libertarian think tank, is getting involved in what could be a major USSC decision regarding HOAs. The Army Corps of Engineers destroyed 14 homes in order to conduct major repairs to an area damaged by Hurricane Katrina. They compensated the owners of the homes, but the HOA wanted compensation for the loss of assessment revenues. The Fifth Circuit Court of Appeals said that the loss of assessments revenue isn't the kind of loss that the Fifth Amendment Takings Clause ("nor shall private property be taken for public use without just compensation") requires compensation for. But the Cato Institute wants the USSC to overturn that decision:
"The Cato Institute recently filed an amicus brief urging the Supreme Court to hear Mariner’s Cove Townhomes Association v. United States , a case addressing an important issue involving the property rights of private planned communities. The brief was filed on behalf of Cato and several property scholars, including Richard Epstein (Chicago and NYU), James W. Ely (Vanderbilt), Donald Kochan (Chapman), my George Mason colleagues Adam Mossoff, and Alex Tabarrok, and myself. Here is the petition for certiorari written by University of Virginia law professor Daniel Ortiz and the UVA Supreme Court Lititgation Clinic"
[Ilya Shapiro of the Cato Institute summarizes the situation like this:]
"Mariner’s Cove Townhomes Association v. United States affects the rights of the more than 60 million Americans currently living in these associations. This case arises from the federal government’s taking 14 of 58 townhouses from one development in the wake of Hurricane Katrina. Mariner’s Cove owned a right to collect dues that was appended to those 14... homes, and sued the government for extinguishing that valuable right without just compensation under the Fifth Amendment’s Takings Clause. In contrast to most lower courts, however, the U.S. Court of Appeals for the Fifth Circuit held that “the right to collect assessments, or real covenants generally” are not subject to Takings Clause analysis. In other words, the government can take those rights without paying anything to the owners. Cato and a group of esteemed professors, including Richard Epstein, James W. Ely Jr., and Ilya Somin, has submitted an amicus brief supporting Mariner’s Cove and arguing that the Supreme Court should take the case to clarify whether community association fees are compensable property under the Fifth Amendment...Such associations often shoulder the burden of providing and maintaining infrastructure, services, and utilities, which allows for more diverse and customizable amenities for homeowners than if those decisions were left with remote municipal governments....
The perverse implications of the Fifth Circuit’s ruling are clear: it would allow.. local governments to require the creation of a community association, benefit from the resulting private delivery of services while collecting taxes from its members, and later take the property without even paying back the very fees that enabled the government’s benefit. "
Thanks to "Right to Own" for this alert: The Volokh Conspiracy (a libertarian law professor blog) reports that The Cato Institute, a libertarian think tank, is getting involved in what could be a major USSC decision regarding HOAs. The Army Corps of Engineers destroyed 14 homes in order to conduct major repairs to an area damaged by Hurricane Katrina. They compensated the owners of the homes, but the HOA wanted compensation for the loss of assessment revenues. The Fifth Circuit Court of Appeals said that the loss of assessments revenue isn't the kind of loss that the Fifth Amendment Takings Clause ("nor shall private property be taken for public use without just compensation") requires compensation for. But the Cato Institute wants the USSC to overturn that decision:
"The Cato Institute recently filed an amicus brief urging the Supreme Court to hear Mariner’s Cove Townhomes Association v. United States , a case addressing an important issue involving the property rights of private planned communities. The brief was filed on behalf of Cato and several property scholars, including Richard Epstein (Chicago and NYU), James W. Ely (Vanderbilt), Donald Kochan (Chapman), my George Mason colleagues Adam Mossoff, and Alex Tabarrok, and myself. Here is the petition for certiorari written by University of Virginia law professor Daniel Ortiz and the UVA Supreme Court Lititgation Clinic"
[Ilya Shapiro of the Cato Institute summarizes the situation like this:]
"Mariner’s Cove Townhomes Association v. United States affects the rights of the more than 60 million Americans currently living in these associations. This case arises from the federal government’s taking 14 of 58 townhouses from one development in the wake of Hurricane Katrina. Mariner’s Cove owned a right to collect dues that was appended to those 14... homes, and sued the government for extinguishing that valuable right without just compensation under the Fifth Amendment’s Takings Clause. In contrast to most lower courts, however, the U.S. Court of Appeals for the Fifth Circuit held that “the right to collect assessments, or real covenants generally” are not subject to Takings Clause analysis. In other words, the government can take those rights without paying anything to the owners. Cato and a group of esteemed professors, including Richard Epstein, James W. Ely Jr., and Ilya Somin, has submitted an amicus brief supporting Mariner’s Cove and arguing that the Supreme Court should take the case to clarify whether community association fees are compensable property under the Fifth Amendment...Such associations often shoulder the burden of providing and maintaining infrastructure, services, and utilities, which allows for more diverse and customizable amenities for homeowners than if those decisions were left with remote municipal governments....
The perverse implications of the Fifth Circuit’s ruling are clear: it would allow.. local governments to require the creation of a community association, benefit from the resulting private delivery of services while collecting taxes from its members, and later take the property without even paying back the very fees that enabled the government’s benefit. "
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