A new book on Maryland HOA and condo law

Dear Friend:

My masterpiece is finished. Check it out at Happy Homes: A Consumer's Guide to Maryland Condo and HOA Law and Best Practices for Homeowners and Boards

			Happy Homes: A Consumer's Guide to Maryland Condo a... Happy Homes: A Consumer's Guide to Maryland Condo and HOA Law and Best Practices for Homeowners and Boards [Jeanne N. Ketley Ph.D.] on Amazon.com. *FRE...
			View on www.amazon.com	Preview by Yahoo

Even though it focuses on Maryland law, most state laws are similar. It's a quick read; only 92 large print pages.

xxx,

Jeanne

 

Jeanne N. Ketley

Author of Happy Homes, A Consumer's Guide to Maryland Condo and HOA Law and Best Practices for Homeowners and Boards, now available onAmazon.com

Revealed: the biggest fears of the super-rich - Telegraph

Revealed: the biggest fears of the super-rich - Telegraph:

"One in seven multimillionaires or billionaires is worried their wealth could be depriving their children of drive and ambition, says a study which affords a rare glimpse into the minds of the ultra-rich."

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Whereas the rest of us are worried that our lack of wealth could be depriving our children of a chance to get an education, a career, a home, and a family of their own. And we are worried about these things because the rich have bought our government and turned our economy into their ATM.

These 5 charts show why the world is still failing on climate change - Vox

These 5 charts show why the world is still failing on climate change - Vox

Appeals court panel ends L.A. ban on homeless living in vehicles--Los Angeles Times

Appeals court panel ends L.A. ban on homeless living in vehicles--Los Angeles Times



"A three-judge panel of the U.S. 9th Circuit Court of Appeals decided unanimously Thursday that a city ordinance prohibiting people from living in vehicles was unconstitutionally vague. That ruling followed a 9th Circuit decision in 2012 that prevented Los Angeles from confiscating and destroying possessions that homeless people leave temporarily on sidewalks. Both ordinances had been enforced, along with other policies, to help the city cope with a homeless population now estimated at 36,000 to 54,000...Unlike cities that bar overnight parking or sleeping in vehicles, Los Angeles prohibited people from using a vehicle parked on a city street or in a parking lot owned by the city or the county Department of Beaches and Harbors as "living quarters" — both overnight and "day-by-day, or otherwise." The 9th Circuit said the law failed to define "living quarters" or specify what "otherwise" meant."

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Where does LA think the homeless should live?  I think the answer is "somewhere else." The NIMBY mentality is especially repellent when it comes to homelessness, because public policies have a lot to do with homelessness.  The three main causes of homelessness are lack of affordable housing, unemployment, and poverty.  All of these are directly influenced by public policies. Local governments are more concerned about their property tax base than about making sure there is a range of affordable housing. There are few options for people with low income who experience that one last misfortune and end up out on the street.  Often they have no place to sleep except in a car.

Tenants caught in quagmire of homeowners association foreclosures | Tampa Bay Times

Tenants caught in quagmire of homeowners association foreclosures | Tampa Bay Times: During the recession, many Floridians fell behind on their payments not only to the banks but also to their homeowners associations. The HOAs, many of them struggling to keep up with maintenance and other expenses, foreclosed on thousands of homes to limit their losses. That created a lucrative opportunity for investors.

Here's how it works: After the homeowners association forecloses, the property is put up for auction. The property title goes to the highest bidder, usually for the amount of fees owed, often just a few thousand dollars. The winning bidders don't really own the houses but can rent them out until the banks finally foreclose and take the homes. The whole process is enabled by the glacially slow Florida foreclosure system, which takes an average of 935 days from start to finish.

While the investors rake in big profits, many of the homes languish in disrepair, causing more problems for the HOAs and discomfort for the tenants.
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This story illustrates a major downside of allowing HOAs for foreclose for delinquent assessment sums orders of magnitude below the typical mortgage arrearage. Here it works like the pitch of those real estate infomercials: get in for little money and make big profits.

Tow-truck driver gets 26 years in death over parking boot - Post and Courier

Tow-truck driver gets 26 years in death over parking boot - Post and Courier:



"Olivera was dropping off Christmas presents at his brother's house in Bluffton and parked on the street because the driveway was full. The homeowners' association doesn't allow parking on the street, and Oates put a boot on the minivan.

Olivera and his brother pleaded with Oates to remove the boot and let them move the van. Olivera showed that he was carrying a handgun but put it away after his older brother told him that it wasn't necessary, according to his brother's testimony.

While Olivera's brother tried to remove the boot, Oates shot Olivera six times, including five times in the back, according to prosecutors."

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So here we have HOA craziness combined with gun craziness. An awful combination.

Mayo: Elias Konwufine tragedy — parking at home shouldn't bring tow, or death - Sun Sentinel

Mayo: Elias Konwufine tragedy — parking at home shouldn't bring tow, or death - Sun Sentinel:



I don't know how he ended up under the wheels of the car, but the dispute is one of these absurd things that happens all the time in associations.  You can't park in front of your own home without getting towed, even for a short time, even if nobody complains.  Ridiculous.



"After a dispute with the tow driver, Konwufine apparently was run over by his Mercedes as it was being hauled away.

Konwufine was a married father of three, a professor and associate dean at Keiser University. When he came home Jan. 16, his autistic son's tutor was parked in the second spot in his driveway. So Konwufine pulled in behind, jutting onto the sidewalk and swale area.

Apparently, in the Sienna Greens community where he lived, that was a towable offense.

"He was going to be there, what, maybe an hour?" said Dean Freeman, attorney for the Konwufine family.

Konwufine wasn't blocking any neighbors. He wasn't bothering anybody. If someone was walking down the sidewalk, they'd maybe have to go 10 feet out of their way to get around his car...Freeman said the homeowners association had a contract with Superior Lock and Roadside Assistance to tow parking violators. The tow company apparently performed its job with relish, with residents saying trucks roamed the area looking for cars to tow – and revenue to generate. A woman who answered the phone at Superior on Wednesday said, "I'm not interested in talking."  Freeman said the deadly incident was a case of "surfing" by the tow driver, which is banned by the new county ordinance. He said nobody complained about Konwufine's parked car: "No one has stepped forward to say they called the tow yard.""

Man says apartment complex called his US flag a ‘threat to Muslim community’ | khou.com Houston

Man says apartment complex called his US flag a ‘threat to Muslim community’ | khou.com Houston:



But the manager says they already have a flag at the apartment complex.



"WEBSTER, Texas -- A Webster man says his apartment complex manager told him his American flag was a “threat to the Muslim community,” and that he has to take it down. But he’s not giving up without a fight.
Stepping onto Duy Tran's balcony in Webster, one thing is clear: "It means a lot to me," he said.
He's talking about his American flag that he proudly put up when he moved in just a few days ago. But then an apartment manager at the Lodge on El Dorado told him he had to take it down.
"What really stunned me is that she said it’s a threat towards the Muslim community,” said Tran. “I’m not a threat toward anybody." 

Condominium Ownership Is Becoming the American Nightmare

Condominium Ownership Is Becoming the American Nightmare:



"Many homeowners who have bought into the American dream by purchasing a condominium are now regretting that decision, as some find themselves unable to sell or rent their units, while others face court battles with investors trying to force them out of their homes."

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I don't think "is becoming" quite says it.  Some of us have been pointing out the problems for a long time.

Water Privatization: Coming to a Century Old System Near You?

Water Privatization: Coming to a Century Old System Near You?

From law professor Ellen Dannin--the privatization industry has plenty of clout in Washington these days.  We have crumbling infrastructure, governments that are unable either to raise taxes or issue bonds, and vast oceans of private capital.  

"The good news is that our more than a century old, dangerously deteriorating water and wastewater systems are about to get long overdue attention. Not only did Congress give the Water Resources Reform and Development Act of 2014 (WRRDA) a landslide vote - House (412-4) and Senate (91-7) - but on June 10, President Obama signed on. WRRDA is bringing joy to the financial industry, construction unions, environmentalists, legislators, the transportation industry and almost anyone or thing connected with water. The only thing that seems to be missing is holding hands and singing "Kumbaya." But, while WRRDA has many long-needed features, the reality is that some parts of the law are seriously problematic."

Sluggish Housing Market A Product Of Millions Of 'Missing Households' : NPR

Sluggish Housing Market A Product Of Millions Of 'Missing Households' : NPR:

"A year ago, the housing market looked like it was finally recovering. Sales and prices were picking up. But then home sales fizzled. Currently, they are down about 7 percent from last spring. A big part of why housing remains so stunted is that there are more than 2 million "missing households" in the U.S. That's how economists describe the fact that fewer people are striking out on their own to find places to live. Instead of renting an apartment or buying a home, a large number of Americans in their 20s and early 30s are living with family or tripling up with roommates. That's because younger Americans are having an especially tough time since the recession."



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Young adults have been abandoned by our policy makers and left to the tender mercies of the worst economy since the 1930s.  The difference is that in the 1930s the federal government did everything possible to help working people, but this time around the feds are only concerned about health of big banks and insurance companies, oil companies, big box retailers and other practitioners of grifter capitalism.  It is a decision that will reverberate through our economy for the next fifty years.

Condo owners in showdown with HOA over plans for $15K charge for repairs | KDVR.com

Condo owners in showdown with HOA over plans for $15K charge for repairs | KDVR.com:

The condo death spiral strikes again.  I expect stories like this to become more common every year, as condo buildings (and HOA common elements) wear out and residents discover that (a) they don't have the money in reserves to repair/replace; (b) there is no insurance coverage for wear and tear; (c) they can't get a loan, or it would be prohibitively expensive; and (d) local government or a judge forces them to pay for the repair.



"NORTHGLENN, Colo. — An emergency community meeting in Northglenn Tuesday night pits condo owners against their homeowner’s association (HOA) in Westminster.

Owners of homes at Prospector’s Point are upset with their HOA, which they say has mismanaged their dues—and now they’re forced to pay the price.

CAP Management says homeowners will have to come up with between $5 to $7 million to pay for serious repairs that could affect residents’ and visitors’ health and safety.

There’s the peeling paint, the crumbling sidewalk and disintegrating drywall.

“The property has been neglected for the past 10 years. Partly because of the recession, partly because of poor construction, initially. But now the community is at a state where the city is requiring we do $5 million dollars of work,” says Chris Crigler, of CAP Management, which took over managing the HOA about a year-and-a-half ago."

Longwood HOA enacts strict anti-bear bylaws | Seminole County

Longwood HOA enacts strict anti-bear bylaws | Seminole County:



After a bear attack, an HOA responded:



"Wingfield North’s new policy states residents can be fined if they don’t use bear resistant trash cans, and if they don’t secure human food sources around their home, like grills and dog food. If residents don’t comply, they can be fined after an initial warning, up to $1,000. The policy also lays out numerous guidelines that it strongly suggests residents adhere to, but they can’t be fined if they don’t comply with those suggestions. But Kaleita says HOA’s in other communities he’s been in contact with are still hesitant to enact bylaws that allow fines for residents that don’t comply."

State Health Department A No-Show At Yuba County Mobile Home Park With Flammable Water � CBS Sacramento

State Health Department A No-Show At Yuba County Mobile Home Park With Flammable Water � CBS Sacramento:



But the manager said the water was safe to drink!



"Water from the hose at the Castlewood Mobile Home Park doesn’t look much different from one from any old tap, but after a closer look, you’ll think twice before taking a sip.
Rhonda Little demonstrated the methane levels in her water by pouring a glass and setting it on fire."

Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online

Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online:

The younger generation doesn't know what it's missing, apparently. It seems that retirement communities are the place to score.



"Surrounded by security gates, the self-styled Friendliest Place of Earth looks like a cross between the cult TV series 'The Prisoner' and Jim Carey’s comedy 'The Truman Show.'

There are dozens of mini estates containing row after row of identical bungalows, all with perfectly manicured lawns. Grandchildren can stay no longer than 30 days a year and there are even rules governing garden ornaments and holiday decorations.

Electronic golf carts – often with personalized number plates and flags – are the vehicle of choice because there are no corner shops or supermarkets in walking distance. Special tunnels and bridges enable cart drivers to trundle safely over busy main roads."

Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online

Ten women to every man, a black market in Viagra, and a 'thriving swingers scene': Welcome to The Villages, Florida, where the elderly residents down Sex on the Square cocktail in 'honor' of woman, 68, arrested for public sex with toyboy | Mail Online:

The younger generation doesn't know what it's missing, apparently. It seems that retirement communities are the place to score.



"Surrounded by security gates, the self-styled Friendliest Place of Earth looks like a cross between the cult TV series 'The Prisoner' and Jim Carey’s comedy 'The Truman Show.'

There are dozens of mini estates containing row after row of identical bungalows, all with perfectly manicured lawns. Grandchildren can stay no longer than 30 days a year and there are even rules governing garden ornaments and holiday decorations.

Electronic golf carts – often with personalized number plates and flags – are the vehicle of choice because there are no corner shops or supermarkets in walking distance. Special tunnels and bridges enable cart drivers to trundle safely over busy main roads."

IMF sounds global housing alarm - FT.com

IMF sounds global housing alarm - FT.com: "The world must act to contain the risk of another devastating housing crash, the International Monetary Fund warned on Wednesday, as it published new data showing house prices are well above their historical average in many countries."

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This is not a repost from 2007.  It seems that low interest rates are contributing to what some economists think is a bubble in some countries.

MEOW NIX: Homeowners want ‘crazy cat lady’ to quit feeding strays - NY Daily News

MEOW NIX: Homeowners want ‘crazy cat lady’ to quit feeding strays - NY Daily News: Frustrated homeowners reached out to Community Board 8 and the Fresh Meadows Homeowners Civic Association seeking help to rid the area of the feral cats earlier this month. But because feeding strays is legal up until they become a “nuisance,” the city’s Health Department has yet to act.

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Tabbies and tuxedos running amok in Privatopia, New York sector. Better call the HOA!

Caught on Camera: San Marino Mayor Tosses Bag of "Dog Doo" on Neighbor's Walkway | NBC Southern California

Caught on Camera: San Marino Mayor Tosses Bag of "Dog Doo" on Neighbor's Walkway | NBC Southern California:

"Homeowner Philip Lao says that surveillance footage shows Kneier and his wife walking. In the video, Kneier’s wife is seen pointing to Lao’s walkway, and then Kneier is seen tossing the bag onto it.

Lao believes that Kneier was seeking revenge for his opposition to the mayor’s dog park proposal. Lao is against the dog park because he believes dogs are left there for hours as their owners run errands, and the dogs tend to fight when left unattended.

Lao lives a block away from Lacy Park, and as such, has "no poop zone" signs in his front lawn. According to Lao, Kneier does not like him posting signs like that, but Lao believes it is his right as a homeowner. Lao told the city council that when people take down their USC and UCLA signs, he’ll take down his "no poop zone" signs."

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Well, of course. USC and UCLA signs---"no poop zone" signs--whatever, dude. It is astonishing how petty these neighborhood disputes become, but the evidence mounts up.

Woman, 68, And Male Partner Busted For Public Sex At Florida Retirement Community | The Smoking Gun

Woman, 68, And Male Partner Busted For Public Sex At Florida Retirement Community | The Smoking Gun

Perhaps this was just a case of misunderstanding the advertising:



The Villages, which describes itself as “Florida’s Friendliest Retirement Hometown,” has more than 50,000 residents. The community’s three old-fashioned town squares offer a variety of shopping, dining, and theater options. Additionally, free nightly entertainment--which ends at 9 PM--is offered in the squares, where the official performers are clothed.

Anti-homeless studs at London residential block prompt uproar | Society | theguardian.com

Anti-homeless studs at London residential block prompt uproar | Society | theguardian.com

Margaret Thatcher and Ronald Reagan would have been proud of this innovation from the private sector:

No cartwheels at government meetings!

News from The Associated Press:

"Sixty-five-year-old Dianne Barker told KSAZ-TV this week ( HTTP://BIT.LY/UI1V4J ) that she's been banned from doing cartwheels at meetings held by the Maricopa Association of Governments.

An attorney for the association that oversees regional transportation projects said in a letter to Barker last month that she must "immediately cease performing cartwheels.""

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The jackboot of tyranny stomps on her vibe.  Thanks to Fred Pilot for this link.

Father-of-seven paints home with stars and stripes after officials tried to force him to make minor alterations to his home | Mail Online

Father-of-seven paints home with stars and stripes after officials tried to force him to make minor alterations to his home | Mail Online

Proving that this doesn't only happen in HOAs:  "Brent Greer, 43, was angry when a code enforcement officer visited his home in Bradenton, Florida after someone complained that he had left an old Christmas tree on a balcony - and slapped him with even more complaints. Among the gripes were missing window screens, peeling paint and the need for pressure washing, the Bradenton Herald reported."

VIDEO: To Prison For Poverty | MyFDL

VIDEO: To Prison For Poverty | MyFDL

Sometimes I hear from HOA residents that they feel like they are in prison. But there are some people who actually have been incarcerated because of privatization.  Private probation companies are getting people locked up for not paying--a modern reincarnation of debtor's prison.  And there's a video that tells their story, with a writeup by one of the directors at the link:



"If someone gets a traffic ticket and can’t pay, the judge puts them on “probation,” which really means walking down the hall and signing up for a payment plan with a private probation company who has a contract with the court. If they can’t pay, they go to jail. (Which is somehow supposed to make paying the ticket easier for someone who can’t afford it in the first place.) Like payday lenders, these for-profit companies seek out neighborhoods where they know the population will, on average, have a tougher time paying traffic tickets out right. Then they charge exorbitant fees. Hali Wood was hit with a $41 seat belt ticket. Her payment plan charged a monthly fee of $35. That’s 85% interest! This is unlike any other probation programs we’ve run across in almost two years of producing documentaries about the criminal justice system. Probation is supposed to help people avoid jail or prison. These companies are simply collections agencies on steroids."

Lincoln Institute of Land Policy: "Land and the City"

I just returned from a conference at the Lincoln Institute of Land Policy in Cambridge, MA. The topic: "Land and the City."  It was an outstanding conference in every way.  The link goes to a summary of the papers.  Mine was on the relationship between CID housing and the increase in segregation by income that we have experienced in this country.

Plano HOA: Letters asking for greener lawns 'mistake' in face of water restrictions | wfaa.com Dallas - Fort Worth

Plano HOA: Letters asking for greener lawns 'mistake' in face of water restrictions | wfaa.com Dallas - Fort Worth: PLANO -- It is a delicate balance that some North Texas homeowners are having to strike: to follow water-restrictions while keeping the lawn green.

Residents in one Plano neighborhood raised concerns after they received letters from their Home Owners Association asking them to comply with certain “aesthetic” rules. When News 8 pressed the issue with the HOA, SBB Management, we were told the letters that were sent out were a mistake.

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An HOA evergreen story that repeats year after year; only the HOA involved changes.

Riverside Woman Sues Over Her Arrest For Clapping � CBS Sacramento

Riverside Woman Sues Over Her Arrest For Clapping � CBS Sacramento:

RIVERSIDE, Calif. (AP) — A woman who was arrested after she repeatedly clapped at a Riverside City Council meeting has filed a federal lawsuit.
The Riverside Press-Enterprise reports that Letitia Pepper argues her constitutional rights were violated.
Pepper, a longtime critic of Riverside government, was taken away in handcuffs last June. Authorities say she disrupted the meeting by repeatedly applauding speakers even after being warned by the mayor.
However, she was never criminally charged.

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Interesting legal issue that would pertain to CIDs if their meetings were held to the same standard as those of local governments.  This could be seen as an example of "symbolic speech," as we call it in the field of constitutional law, which is protected by the First Amendment.  Here's the video of Pepper being hauled out of the meeting room.   She has had some choice words for the government of Riverside.  Also--a person by the same name happens to be an attorney who was recently cited for misconduct by refusing to leave a courtroom after being ordered to do so by a judge. Then there's this.  She appears also to be involved with the public debate over marijuana.  I would say we can safely conclude that she is a person who fights hard for what she believes to be right, even to the point of challenging people in positions of authority.  This federal case involving the clapping will be worth following.

Leaky condo crisis rears its head again in B.C.

Leaky condo crisis rears its head again in B.C.: Evidence of a second wave in British Columbia’s leaky-condo crisis is beginning to emerge, 15 years after the first one subsided.

It is becoming more apparent as condo strata corporations prepare mandated depreciation reports on their buildings. That process is forcing them to own up to the condition of their properties and the shortcomings of maintenance programs for structures that weren’t fixed in the first wave of repairs.

Some are buildings that haven’t started leaking until recently, or that owners patched over instead of repairing their underlying defects.

There are still potentially thousands of faulty units that were built during the so-called “leaky-condo” period — from 1982-99 — which were never repaired, but figures on how many have been fixed are difficult to come by.
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The quest for a waterproof condo continues in the rainy lands north of the border. This story like its counterpart in the U.S. has been playing out for decades, drip by drip, drop by drop.

Chuck Yeager, wife, must pay $43,150 in homeowner association dispute - Our Region - The Sacramento Bee

Chuck Yeager, wife, must pay $43,150 in homeowner association dispute - Our Region - The Sacramento Bee: A Sacramento judge has ordered retired Air Force Brigadier General Chuck Yeager and his wife to pay a homeowners association $43,150 in fees.

Superior Court Judge Judy H. Hersher issued her final decision on Monday after a court trial earlier this year in a lawsuit filed by the Park River Oak Estates Homeowners Association against the renowned test pilot.

The suit that was filed in 2008 charged that Yeager, 91, and his wife, Victoria, 55, hadn’t paid their association fees on two units they own in a townhouse complex near Garcia Bend Park.
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The general may have had the right stuff to safety navigate the early hazards of flying faster than sound. But like death and taxes, HOA assessments can't be avoided.

Lexington neighbors fight for right to help with one another's chores

http://tdn.com/news/local/lexington-neighbors-fight-for-right-to-help-with-one-another/article_4f703382-d57f-11e3-a9ba-001a4bcf887a.html

"Friendly neighbors at Lexington’s Tim Wa Estates scored a victory Tuesday afternoon after battling for months with local property managers. Kalama-based interim property managers of the mobile home park were demanding that a neighborhood volunteer group, Helping Hands, stop offering their free services to elderly and ailing neighbors. They claimed the group violated the park’s “no solicitation” rules. The rules left residents fearing even going next door to borrow a cup of sugar, let alone lending a hand on a neighbor’s yard work. They said they tried to resolve the dispute for months with no response. But late Tuesday, Amber Monte, president of California-based holding firm Investment Property Group, which owns Tim Wa and oversees the Kalama managers, said those managers are gone from the park. “We’ve removed the employees involved from any further involvement with the property,” Monte said in an email. “We’ve contacted Helping Hands directly to relay our complete support for their charitable services and good deeds.”
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I guess all's well that ends well, but it started as yet another example of property managers mindlessly ordering people around in some absurd effort to enforce rules for no good reason and in defiance of common sense.

Broomfield HOA Facing Controversy Over Plan To Kill Rabbits � CBS Denver

Broomfield HOA Facing Controversy Over Plan To Kill Rabbits � CBS Denver

“So they’re going to trap the rabbits in 60 cages and as we walk around our neighborhood we’re going to see these animals trapped awaiting their execution,” said Tasker.

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I don't believe I have ever heard the word "execution" applied to a rabbit. Why not have a community-building barbecue featuring something that tastes like chicken?  

Home buyers want new, but don't want to pay for it

In March, the median sale price for an existing home was $198,500, according to the National Association of Realtors. The median price for a newly built home was $290,000. While some of that premium can be attributed to the fact that builders are now focusing more on higher-end buyers, and therefore building more luxury homes, there is in general at least a 20 percent premium for new construction...Unfortunately for the builders, just 46 percent of the people who strongly prefer a new home are willing to pay the 20 percent premium that new homes typically cost. And even fewer of those who said they somewhat prefer a newly built home would pay the higher price. In total, just 17 percent of those who said they prefer new would actually pay for new.
http://finance.yahoo.com/news/home-buyers-want-wont-pay-131356086.html
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Thanks to Fred Pilot for this link. Builders are catering increasingly to the affluent. The 1995-2006 housing boom was in part fueled by efforts to expand homeownership down the income distribution. That's all over now. The home ownership rate is falling, more people are renting, and the new housing market is for the wealthy. The rest of us can accept trickle down housing, as Anthony Downs described back in 1975

Return of 'mansionization' has some L.A. homeowners grumbling - latimes.com

Return of 'mansionization' has some L.A. homeowners grumbling - latimes.com: "Six years ago, Los Angeles politicians imposed new limits on the size of new and renovated houses, promising to rein in what they called "homes on steroids" dwarfing blocks of smaller buildings.

But as the housing market rebounds and construction picks up, many homeowners complain that "mansionization" has revved up — reigniting long-standing policy battles and sometimes bitter fence fights over the face and feel of L.A.'s neighborhoods.

Builders are snapping up smaller, older homes, razing them and replacing them with bigger dwellings. Increasingly, sleek, square structures are popping up along streets known for quaint bungalows."

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Yuck. I lived for many years in and around LA, and the older neighborhoods do have a lot of charm. I'm not a huge fan of "sleek, square structures," as a general rule. But I'm writing a paper now on the increase in segregation by income that has hit many cities over the last three or four decades, and it is apparent that in today's economic and legal environment, the rich take over the neighborhoods they want, and they remake them in the image that suits them. And then they whine about being persecuted and invoke memories of the Third Reich if anybody complains about it.

Woman attacks HOA president after he nixes neighborhood watch program, deputies say - Sun Sentinel

Woman attacks HOA president after he nixes neighborhood watch program, deputies say - Sun Sentinel: Roberts told the president their Oakland Park Mobile Home Park, located in the 1100 block of Handy Oak Circle in unincorporated West Palm Beach, was experiencing an uptick in crime, deputies said.

But the president said the association didn't have the money to do that. He told deputies he raised his voice at Roberts when he told her the idea wouldn't work.

Roberts, who was calm when describing her idea outside the president's house, became enraged after the president raised his voice, according to the report. She started cursing and stood at his doorway, keeping him from shutting his front door, deputies said.

U.S. Homeownership Rate Falls to the Lowest Since 1995 - Bloomberg

U.S. Homeownership Rate Falls to the Lowest Since 1995 - Bloomberg:

"The share of Americans who own their homes was 64.8 percent in the first quarter, down from 65.2 percent in the previous three months, the Census Bureau said in a report today. The rate is the lowest since the second quarter of 1995, when it was 64.7 percent."

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Is this a problem?  At that low point of 1995, the Clinton administration and HUD Secretary Henry Cisneros started the National Homeownership Strategy, which was intended to make home ownership affordable for the lower middle and working classes.  Their goal was to get the homeownership rate back up.  One of their plans was to make financing easier to come by for people of modest means (see below).  I'm not blaming the housing crash on this program, because the major culprits were the financial institutions.  Some things went well for a while, with people getting the benefits of home ownership, but then in the early 2000s, the market went competely crazy.  Zillions of crappy condos and blighted HOA properties were slapped together, and lunatic loans were made to people who could never pay, just so they could be securitized and sold, and on and on.  It's a long, sad story.  However, one question we should ask is how high the homeownership rate should really be. I'm not sure that we need to view this as a problem presently.



-------from the announcement of the NHS:---------

MAKING FINANCING MORE AVAILABLE, AFFORDABLE, and FLEXIBLE.  The
inability (either real or perceived) of many younger families to qualify
for a mortgage is widely recognized as a very serious barrier to
homeownership. The National Homeownership Strategy commits both
government and the mortgage industry to a number of initiatives
designed to:

     Cut transaction costs through streamlined regulations and 
     technological and procedural efficiences.

     Reduce downpayment requirements and interest costs by making  
     terms more flexible, providing subsidies to low- and  
     moderate-income families, and creating incentives to save for 
     homeownership.

     Increase the availability of alternative financing products in housing 
     markets throughout the country.

Judge okays the sale of a widow's $280,000 home over unpaid $6.30 tax bill | Mail Online

Judge okays the sale of a widow's $280,000 home over unpaid $6.30 tax bill | Mail Online

And no, this isn't an HOA foreclosure. These are property taxes.

Nevada Public Radio -- News 88.9 KNPR

Nevada Public Radio -- News 88.9 KNPR

Here's a link to listen to the mp3 of the Nevada Public Radio program I was on this morning.

Listen to me live on Nevada Public Radio

http://www.knpr.org/son/archive/detail2.cfm?SegmentID=11146

The HOA: Help Or Headache?

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AIR DATE: April 23, 2014

This past weekend, KNPR ran across this story by the Las Vegas Review Journal about a man, geese and an homeowner's association. And that got us wondering about how HOA's are doing now in Nevada, some of the problems with HOAs, as well as the history of the organizations in Las Vegas and nationally.

GUESTSEvan McKenzie, law professor and HOA expert, University of Illinois Chicago
Mike Randolph, founder Homeowner’s Association Services
Michael Buckley, attorney

Illinois Supreme Court: owners can't refuse to pay assessments over dispute

This is final stage of the Spanish Court Two v. Carlson case.  Illinois is the only state (to the best of my knowledge) that allows condo associations to collect overdue assessments using forcible entry and detainer actions in Housing Court, the same as the landlords who are doing the same to tenants who haven't paid rent. But renters are sometimes allowed to "deduct and repair," or even refuse to pay rent at all, if the landlord has breached the lease.  Can condo owners do likewise? No.  Even though the association can treat the owner like a tenant by bringing a forcible action, the unit owner can't assert this tenant-type of defense.  Sauce for the goose is not for the gander. Thanks to Fred Pilot for letting me know this decision came down at last.

27-home subdivision disbands homeowners association, reverts to control of Smithfield City - The Herald Journal: Allaccess

27-home subdivision disbands homeowners association, reverts to control of Smithfield City - The Herald Journal: Allaccess: SMITHFIELD — A 27-home subdivision has opted to disband its homeowners association and revert to the control of Smithfield City, a move that was approved by the Smithfield City Council.

The 5-1 vote regarding the Three Creeks subdivision took place during the council meeting on Wednesday, March 26. Councilmember Brent Buttars was the lone nay.

The subdivision first sought the change in January, but more information was needed before a vote could take place.

Under the final terms approved by the council, the homeowners agreed to contribute a one-time lump sum of around $20,000 to the city to partly offset the city’s costs in taking care of the subdivision near 700 Canyon Rd.
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Privatopia, Utah sector, just got a little smaller.

Debate grows over concealed weapons at community associations - chicagotribune.com

Debate grows over concealed weapons at community associations - chicagotribune.com:

"Physical assaults are uncommon, but they happen, according to the 2012 national survey "Violence in Homeowner Associations," conducted by the Community Associations Institute. The 1,314 respondents included managers, staffers and homeowners.

Among the respondents, 13 percent reported they had been physically assaulted one or more times by an angry resident, and 52 percent reported they had been threatened with physical violence one or more times by such a resident.

Associations rightly should be worried, said association attorney Marvin Nodiff in St. Louis. Concealed carry was legalized in Missouri in 2004.

"I call it a time bomb," he said. "At some point, we will have an angry meeting and someone will shoot off a gun."

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Here's irony for you.  The gun lobby has been telling people the government is coming for their guns, which is complete nonsense. There isn't the slightest prospect for federal gun control legislation. Congress couldn't even bring itself to pass a background check law after the massacre at Sandy Hook.  And in any event, the current Supreme Court is almost as protective of gun owners as they are of rich people and big business.  But in the real world, HOA and condo boards really do have the power to ban guns, unless the laws of their state say they can't. And there are reasons they might want to ban guns, such as liability for accidential shootings and fear that the local angry owner will take up arms against perceived private tyranny--which has already happened a few times. Maybe in states with strong gun cultures, BODs will be less likely to interfere with gun owners' rights, but in Chicago guns were banned until recently, so I can see boards freaking out and enacting gun bans.

Homeowners’ association challenges judge’s ruling

Homeowners’ association challenges judge’s ruling: DADE CITY —

"The Bayhead Landings Property Owners Association, which battled one of its members in court over wheelchair access, has appealed a judge’s ruling that its deed restrictions expired more than three years ago.

County Judge William Sestak agreed with three Bayhead Landings homeowners that the association board failed to follow its own procedures for extending the neighborhood deed restrictions in 2010. He issued a court order March 24 ruling that the deed restrictions and covenants expired on Jan. 1, 2011."

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And the saga continues..

Bill would make homeowner association meetings accessible to all

Bill would make homeowner association meetings accessible to all: Despite feeling defeated the Whitts took their issue to Senator Wilton Simpson who introduced Bill 1450, requiring all homeowner association meetings to be accessible to handicapped people.

"It's for everybody that's disabled," said John. "There is veterans fighting wars coming back disabled and I wouldn't want him to go through what I went through."

The homeowners association says it has tried to accommodate the Whitts’ needs several times and it doesn’t understand their specific requests.

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Sometimes a failure to communicate can have broad repercussions.

The threat of bankruptcy may be a new source of competitive advantage in post-recession urban politics

blogs.lse.ac.uk/usappblog/2014/03/26/the-threat-of-bankruptcy-may-be-a-new-source-of-competitive-advantage-in-post-recession-urban-politics

Interesting take on the post-crash dynamics facing cities. Expenses that were long considered untouchable may now be on the chopping block...in bankruptcy court.  And the threat of Chapter Nine proceedings changes the dynamics of negotiation with public employee unions.

Justice Watch: Suit Claims D.R. Horton Left Miami Gardens HOA In A Mess | Daily Business Review

Justice Watch: Suit Claims D.R. Horton Left Miami Gardens HOA In A Mess | Daily Business Review: "D.R. Horton Inc. markets itself as "America's homebuilder."
On its website, the Fort Worth, Texas-based company advertises it will make residents' dreams come true.
At Majorca Isles in Miami Gardens, that dream has taken on the qualities of a nightmare with broken front gates and random garbage piles left by outsiders. There's also a padlocked, half-finished park choked with weeds and a malfunctioning heated pool, which usually is under repair and sometimes green. Not to mention the gym, where equipment has not been maintained properly.
In a Jan. 29 lawsuit filed in Bankruptcy Court, the court-appointed trustee for the master homeowner association alleges D.R. Horton left the HOA in financial shambles, essentially abandoning the project when the housing market collapsed.
The trustee, forensic accountant Barry Mukamal, a partner at Marcum in Miami, is a seasoned bankruptcy veteran. He said he's never seen a builder undercut an HOA and community like D.R. Horton did at Majorca Isles."

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Really? Come on up here and look at what Neumann Homes did to Clublands in Antioch, IL

Residents of Struggling Cities Opt to Skip Town | FiveThirtyEight

Residents of Struggling Cities Opt to Skip Town | FiveThirtyEight:

"Eighteen U.S. metro areas had unemployment rates of 12 percent or higher in 2012, according to the Bureau of Labor Statistics, and all but three of them saw a net decline in migration — that is, they saw more people move out than move in.

These cities are overwhelmingly in inland California, where the collapse of the housing bubble left deep and lasting scars. California accounts for 13 of the 18 cities with unemployment rates of 12 percent or above,2 and for 18 of the 56 with unemployment rates in the double digits." [emphasis added]

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Many cities, large and small, are dealing with multiple problems--unemployed residents, cratered housing markets, vanishing employers, increased social service and pension costs-that make them unable to deal with maintaining public infrastructure.  This problem is one reason cities have been promoting CID housing, with its private infrastructure.  But that crutch isn't working all that well presently. It has been obvious for years that HOAs and condos will be dealing with their own private infrastructure crisis, and that is happening right now.

Bill aims to resolve conflict over homeowner association managers

Bill aims to resolve conflict over homeowner association managers:

"Attorneys say community managers are doing more things, like filling out legal paperwork, that rightly should be done by qualified lawyers.

Managers, and the homeowners they work for, counter that they should be allowed to fill out forms without the expense of an attorney, which is sure to increase association fees."

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Homeowners Associations Are Short on Cash

Homeowners Associations Are Short on Cash

Indeed they are.

Drought battle focuses on homeowner rules, meters | UTSanDiego.com

Drought battle focuses on homeowner rules, meters | UTSanDiego.com

"With California in the grips of a prolonged dry spell, state lawmakers are looking to grant members of homeowner associations the freedom to plant drought-resistant landscaping without the fear of fines. One cornerstone bill cleared its first hurdle Wednesday when the Assembly Committee on Housing and Community Development approved legislation carried by Assemblywoman Lorena Gonzalez, D-San Diego. Her bill seeks to override some homeowner association (HOA) regulations that effectively require residents to keep lawns and other water-guzzling landscapes pristine — even during dry spells. “Homeowners who install plants that are less water-intensive should not be penalized for recognizing California’s water crisis and proactively conserving,” Gonzalez told the committee."

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Of course, CAI is against it. Unbelievable. Absolutely unbelievable.

Dade City HOA loses suit, can’t charge for legal fees

Dade City HOA loses suit, can’t charge for legal fees

"DADE CITY — The neighborhood at the center of a costly dispute over wheelchair accessto its homeowners association meetings has no legal authority to assess homeowners for its mounting legal bills, a Pasco County judge has ruled.

Judge William Sestak agreed with three Bayhead Landings homeowners that the association board failed to follow its own procedures for extending the neighborhood deed restrictions in 2010. He issued a court order Monday ruling that the deed restrictions and covenants expired three years ago."

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Dade City HOA loses suit, can’t charge for legal fees

Dade City HOA loses suit, can’t charge for legal fees: The association’s legal bills reached “upwards of $70,000,” according to a letter signed by all three board members. The board passed a special assessment, charging property owners thousands of dollars to pay the legal bills.

DiCiollo said he paid the first two assessments, but when the board passed a third special assessment, he asked for documentation of the expenses. “We can’t get our hands on these billings,” he said. “Every time I ask to see them, the board members say it’s attorney-client privilege.”

That’s when he and two other homeowners sought to have the community association disbanded by the court.

In his final order, Sestak wrote that he could find “no genuine issues to any material fact” that Bayhead Landings used an improper method to extend its deed restrictions, as alleged, before they were set to expire on Jan. 1, 2011. “Thus the deed restrictions were not properly extended and have expired.”
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Sorry, the judge rules. You're on your own for attorneys fees. The CC&Rs have reached their "use by" date.

Are the Suburbs Making People Live Paycheck to Paycheck? - Matthew O'Brien - The Atlantic

Are the Suburbs Making People Live Paycheck to Paycheck? - Matthew O'Brien - The Atlantic


Interesting analysis that points toward conclusion that people buy more house than they can afford because they want to live in certain school districts. It also could explain why HOA assessments go unpaid when money gets tight.

Cars must go in garage, judge says : Lincoln, NE Journal Star

Cars must go in garage, judge says : Lincoln, NE Journal Star: When the tow truck driver hoisted Matt Catlett's BMW onto his truck one summer day in 2012, he didn't know it, but he'd driven into the middle of a brewing feud.

Catlett, a Lincoln lawyer, didn't park somewhere he shouldn't have on a Husker game day. Nor did he forget to feed a meter.

He parked in his own driveway.

That violated a Bishop Square Inc. covenant, and the homeowners association for the townhouse development just south of the Country Club of Lincoln called for the tow truck.
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Lawyer trapped in Privatopian web of CC&Rs. The good counselor vows to continue fighting on appeal.

Tumbleweeds overtake neighborhood and trap families in their homes | Odd News - Yahoo News

Tumbleweeds overtake neighborhood and trap families in their homes | Odd News - Yahoo News

Condo association tries to make cancer survivor remove pink ribbon | Odd News - Yahoo News

Condo association tries to make cancer survivor remove pink ribbon | Odd News - Yahoo News: 16 years ago, Naples, Florida resident Linda Karp successfully overcame her breast cancer diagnosis. Since then, the pink ribbon has been a symbol of great importance and meaning to her, so she displays it in the window of her home. Apparently, the homeowners association of Regent Park does not care for that, according to WFTX FOX 4 News .

Linda, who has been renting the home she lives in for the last three years, says she was told the pink ribbon violates the rules. Those rules don’t make sense to her. She told WFTX, “I'm not offending anyone. My neighbors are all supportive of breast cancer [sic]. I don't know why they’re not." On top of that, the ribbon is actually inside Ms. Karp’s home, affixed to the, “inside of [Linda’s] entryway.”
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More bad press for Privatopia. Film at 10 on WFTX FOX 4 News.

The Cost of Aging Infrastructure

The Cost of Aging Infrastructure

Residential Segregation by Income, 1970-2009

‎www.s4.brown.edu/us2010/Data/Report/report10162013.pdf



Americans have become increasingly segregated by income over the last 40 years. There are several causes, one of which is increasing income inequality. The middle class has been squeezed by deindustrialization, deunionization, tax cuts that favor the rich, the loss of their home equity, and other forces. And in addition to all that, I am wondering what role the real estate development industry has played in sorting us out by income. In particular, what role does the rise of CID housing play in this sorting process?

Why We Should Focus Infrastructure Spending on Urban America

Why We Should Focus Infrastructure Spending on Urban America

My colleague Michael Pagano knows more about public infrastructure than just about anybody. Maybe it's time to stop builidng private infrastructure in CIDs and go public.

Economist's View: Inequality and Residential Segregation

Economist's View: Inequality and Residential Segregation

America’s Most Unequal Metros | Trulia Trends

America’s Most Unequal Metros | Trulia Trends

And rising income inequality is a major contributor to residential income segregation.

Federal Privatization and the Expensive Philosophy of the Circular A-76 Process

Federal Privatization and the Expensive Philosophy of the Circular A-76 Process

Law professor Ellen Dannin shows how privatization isn't all it's cracked up to be.

Money missing from Murfreesboro neighborhood HOA fees - WSMV Channel 4

Money missing from Murfreesboro neighborhood HOA fees - WSMV Channel 4: MURFREESBORO, TN (WSMV) -

Money meant for the upkeep of a Murfreesboro neighborhood is now missing, and police have a lot of questions for the woman who was supposed to be keeping track of it all.

"I'm almost speechless. It's unbelievable to me," said neighbor Christin Barrett. "I'm appalled and disgusted by it."

Neighbors in the Villages of Garrison Cove subdivision trusted a property management company to keep things running smoothly, but the manager at the company is accused of keeping thousands of dollars for herself.

The homeowners' association board has since hired a new company to manage the neighborhood.

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Gambling in Casablanca? Graft in Privatopia? Shocking!

Scott Mooneyham: Why reining in homeowner associations is difficult

The Daily Advance: RALEIGH — A couple of years ago, two members of the state House who had been overseeing efforts to rein in abusive homeowners associations gave their colleagues a skeptical send-off as they handed over leadership of their committee.

“I wish you well,” said Rep. Julia Howard, a Davie County Republican.

Howard and then-state Rep. Jennifer Weiss, a Wake County Democrat, referred to previous legislation passed by the General Assembly as watered-down.

At the time, legislators had approved a measure that required a homeowners association board to at least take a vote before lawyers or property management companies could begin foreclosure proceedings.

Since then, the General Assembly has approved a law that encourages mediation when homeowners and the associations that enforce neighborhood covenants get into disputes.

Other bills, though, were never voted on. They include one that prohibits foreclosure proceedings over delinquent fees and another that would have required association board members to take a training course.

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This story underscores a point the perfessor has made over the years: The community association industry has a well greased lobbying machine -- and the denizens of Privatopia do not. 

After audit reveals corruption, Florida town's days could be numbered - Yahoo News

After audit reveals corruption, Florida town's days could be numbered - Yahoo News: "It's like something out of a Southern Gothic novel," Bradley told Time magazine. "This town exists apparently just to write speeding tickets. Most people don't understand why it exists in the first place."

Via CNN:

Hampton cops were a fixture out on U.S. 301. They sat on lawn chairs, pointing radar guns at unsuspecting motorists. They hid behind recycling bins. As more and more money came in, they idled in slick SUVs, trolled the median strips in riot gear and toted state-of-the-art firepower. Locals gave one the nickname "Rambo" because he slung an AR-15 rifle across his chest.

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No, this isn't an HOA despite this being Florida. But could provide a business model for HOAs looking to boost revenues that would be less vulnerable to state disincorporation like this town. Y'all come back now, hear?

WPEC-TV CBS12 News :: News - Top Stories - Elderly man faces homelessness after being evicted for growing a garden

WPEC-TV CBS12 News :: News - Top Stories - Elderly man faces homelessness after being evicted for growing a garden: BOYNTON BEACH, Fla. - Rules are rules and the homeowners association inside Royal Manor Estates in Boynton Beach follows them very closely.

That's why a 4' x 8' garden outside the home of Israel Negron has put management over the edge and the Negron on the street.

"Someone's getting kicked out because of growing vegetables is insane and cruel ," said Barry Silver, Negron's attorney.

Silver attempted to file an emergency stay of eviction but the court denied it without a hearing.

The 72-year-old will have to vacate even though he owns his mobile home.

Negron did not take the news very well.

"I had to take him to the emergency room," said one friend.

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More bad press coming out of Florida spotlighting mean-minded governance in Privatopia. Film at 10 on WPEC-TV.

HOA head in RSF is paid $275K-plus | UTSanDiego.com

HOA head in RSF is paid $275K-plus | UTSanDiego.com: The head of the Rancho Santa Fe homeowners association has received more than $275,000 in compensation for the past three years, and the president of the board was ousted from her position after she raised questions about it.

Such pay levels are more typically reserved for city managers or school district superintendents running complex functions of large government agencies.

The community association’s manager, Pete Smith, is responsible for collecting association dues, maintaining common areas and enforcing covenants for the community of about 5,000 with a median income in excess of $172,000 and median home price of $2.4 million.
The ousted president, Ann Boon, said she wanted her questions to bring clarity to the pay process
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Pay's going up in Privatopia. But the managers apparently don't like the HOA directors who employ them asking questions about it. I guess the boards work for the managers instead of the other way around.

Insight: Underfunded U.S. homeowner associations get heavy | Reuters

Insight: Underfunded U.S. homeowner associations get heavy | Reuters

Thanks to Shu Bartholomew for this link.  The first sentence is just plain wrong, but overall the article highlights the important fact that many associations are in financial trouble--and it isn't just because of the 2008 crash in real estate values.



"Foreclosures on delinquent properties by homeowner associations were almost unheard of before the financial crisis of 2008. Now lawyers and real estate researchers say they are becoming more common as association funding bases shrink because of previously foreclosed homes' standing empty. About 70 percent of association-governed communities are underfunded, up 12.5 percent from 10 years ago, according to Association Reserves. The average association has financial reserve accounts - the amount required to maintain infrastructure and common areas - that are only funded at 52 percent, down from 60 percent a decade ago, its research shows.Tyler Berding, an attorney whose firm is consulting with a San Francisco condo homeowner association, suggests the problem is one of governance. "It's very much akin to the public pension crisis," he said. "Homeowners' associations are simply not putting enough money away to make the repairs and replacements they will have to make over time."

Court case could increase cost for homeowners associations | HeraldTribune.com

Court case could increase cost for homeowners associations | HeraldTribune.com

"A pending opinion from the Florida Supreme Court could dramatically increase operating costs for thousands of homeowner associations statewide and substantially drive up condo owners' expenses. The looming decision is connected to a recent Florida Bar opinion that, if enacted, will force community association managers to hire attorneys to handle various administrative duties now done primarily in-house."

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The issue is that some of the things property managers do arguably constitute the practice of law.

General Assembly: Bill that would widen homeowners association powers hits a snag - dailypress.com

General Assembly: Bill that would widen homeowners association powers hits a snag - dailypress.com

"The bill had been moving along in the House and Senate, albeit with some resistance and controversy. But on Thursday the House voted down a Senate version of the proposal, signaling tough sledding. "Members felt uncomfortable expanding the power of associations who could not get that power from their homeowners," Del. Scott A. Surovell, D-Mount Vernon, said in an email. Surovell led the charge against the bill in the House. He also was the attorney for a Northern Virginia couple who fought their homeowners association over fines several years ago, leading to the court decision that precipitated this legislative fight."

General Assembly: Homeowner associations may get more power - dailypress.com

General Assembly: Homeowner associations may get more power - dailypress.com

RICHMOND — Legislation that would give more power to homeowners associations cleared the Virginia Senate Tuesday. It has already passed the House in a slightly different form and seems headed for final passage. House Bill 791 would let homeowner and condominium association boards levy fines against property owners who run afoul of association rules, even if the power to issue those fines isn't written into the association's controlling documents.

Judge orders homeowner to mow lawn | News - Home

Judge orders homeowner to mow lawn | News - Home: JACKSONVILLE, Fla. -

After residents fought their neighbor for three years to get her to mow her lawn, a judge has finally ruled her grass must be cut down.

Neighbors said the grass grew well over 6 feet tall at Silverthorn Lane in the Walden Chase community. As of Wednesday night after the ruling, the residents are celebrating.

One of those neighbors, Carole Cooper, is ecstatic as the weeds and overgrown grass finally get cut at their neighbor Susan Trebbien’s home.
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As Jeff Foxworthy once put it, "If yew mow your front lawn and find a car, ya might be a redneck."

LakeField Hills Home Owners Association - Fall Enforcement Drive Recruitment Video on Vimeo

LakeField Hills Home Owners Association - Fall Enforcement Drive Recruitment Video on Vimeo

Many are called. But few are chosen. Do you have what it takes to uphold the law in Privatopia?

Thanks to Shu Bartholomew for the link. Enjoy.

General Assembly: Homeowner associations may get more power - dailypress.com

General Assembly: Homeowner associations may get more power - dailypress.com: RICHMOND — Legislation that would give more power to homeowners associations cleared the Virginia Senate Tuesday.

It has already passed the House in a slightly different form and seems headed for final passage.

House Bill 791 would let homeowner and condominium association boards levy fines against property owners who run afoul of association rules, even if the power to issue those fines isn't written into the association's controlling documents.

Associations have been doing this for years, but a recent court decision said they can't unless their charter spells out the power, according to the Community Associations Institute, an industry trade association.
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There was a Virginia Supreme Court decision some years ago that declared HOA fining an unconstitutional exercise of power reserved to the state. But in an odd twist, the Virginia Legislature and not the courts got the last word on what's constitutional in Privatopia when it comes to fines.

Another possible booze price hike looms over Wash. - seattlepi.com

Another possible booze price hike looms over Wash. - seattlepi.com

Wow. What a surprise!

"Since the end of Prohibition in the 1930s the state had tightly controlled the distribution and sale of liquor. But in 2011 Washington voters approved a privatization initiative that was supported by Costco and other retail interests. Costco spent more than $20 million backing Initiative 1183 and distributors also provided millions . Following privatization there have been multiple lawsuits and some consumers have complained about sticker shock in grocery aisles."

Darker U.S. homebuilder mood not just due to bad weather - Yahoo Finance

Darker U.S. homebuilder mood not just due to bad weather - Yahoo Finance: Jed Kolko, Trulia's chief economist, said because cities such as Las Vegas, Miami and Phoenix still have many vacant homes, those existing houses - rather than the weather - have been one of the biggest drags on the construction of new single-family homes, which account for roughly two-thirds of the U.S. housing market.
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Many of those vacant homes depressing this sector of the economy are in Privatopia.

HOAs give migraines, not help | The Rebel Yell

HOAs give migraines, not help | The Rebel Yell: If you have never lived in a homeowner association, I strongly caution you not to. If you have lived in one, you know about the harassment and the stress it causes.

I recommend that we get rid of them all. Cities like them because the builder will pay for some streets and services and pass the cost on to the homeowner, alleviating this burden from the city.
Unfortunately, the HOAs are taking over.
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A call for HOA Apocalypse Now.

Detroit in the dark: How the city's streetlights went out and the plan to get them back on - Yahoo News

Detroit in the dark: How the city's streetlights went out and the plan to get them back on - Yahoo News: It’s a problem all over Detroit, where officials estimate at least half of the city’s 88,000 streetlights are broken. Aside from the abandoned buildings that dot the cityscape, the dark lights are the most visible evidence of the financial problems that sent Detroit into bankruptcy last summer seeking relief from an estimated $18 billion in debt. As the lights went out, the city couldn’t afford to turn them back on and keep them on.

The Detroit Public Lighting Department, the underfunded and understaffed entity in charge of fixing the streetlamps, has been in “constant triage” for years, officials say, trying to mend a lighting system that, in some areas, is so old it has to be manually switched on at night.

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This used to be confined to Privatopia when HOAs fell apart and stopped paying the light bills.

Yeager in Sacramento court as part of lawsuit - Our Region - The Sacramento Bee

Yeager in Sacramento court as part of lawsuit - Our Region - The Sacramento Bee: The lawsuit “is essentially about homeowners getting something for nothing,” plaintiffs’ lawyer Eugene P. Haydu said in his trial brief.

Haydu is representing Park River Oak Estates Homeowners Association. The association runs a townhouse complex next to Garcia Bend Park. The suit says Yeager and his wife, who live near Grass Valley, own a couple of units in the development but haven’t paid their association fees.

“While defendant General Charles Yeager may be a famous man, that fame does not make him immune … from principles of simple fairness,” the brief said.

The defendants’ attorney Michael Thomas argued in his brief that the Yeagers’ properties were never annexed to the association and that the couple has not requested nor have they ever received any services from it.

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The community association bar plays no favorites.

HOA bans medical marijuana in home yards

HOA bans medical marijuana in home yards

"The board at Carrillo Ranch, a homeowners association in Chandler, has ruled that residents cannot smoke marijuana — medical or otherwise — in their backyards, front yards and patios. Some residents say the decision is absurd, while lawyers are questioning whether the rule can be enforced."

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But look on the bright side. This will generate attorney's fees!

Florida Man Fined $1,000 For Flying Wounded Warrior Project Flag

Florida Man Fined $1,000 For Flying Wounded Warrior Project Flag: A Florida man was told by his homeowners association that he would have to remove a flag for the Wounded Warrior Project from his residence or face a $1,000 fine.

Thomas Bagnoli, who has lived in the Grand Haven community of Palm Coast for 13 years, refused to take it down. He says the flag has been up for at least a year.

"They can do whatever they want. I’m doing what I want,” Bagnoli told WJXT-TV. “I feel strongly about this.”

He said the association told him the flag is against association rules, but other homes fly prisoner of war flags and missing in action flags without fines.

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HOA flag flap No. 725,891. Film at 10 on WJXT Channel 9 Eyewitness News.

The pros and cons of homeowners associations - MSN Real Estate

The pros and cons of homeowners associations - MSN Real Estate

Including a brief quote from yours truly.

Council considers which residents required to pay streetlight fees The Commercial Appeal

Council considers which residents required to pay streetlight fees � The Commercial Appeal: The committee reviewed one measure Tuesday to remove the streetlight fee from bills for newly-annexed homes in Cordova that don’t yet have streetlights, with no opposition to doing so. The discussion then turned to whether residents who already pay for private streetlights through homeowners associations should be required to pay the public streetlight fee.

Last year, City Council agreed to change the billing for streetlight fees in an effort to spread the cost to all Memphis residents, not just those who pay property taxes, said Councilman Myron Lowery. Instead of the fee being assessed to property taxes, it is now part of utility bills.

However, some residents in Cordova complained they were paying a fee for a service the city had not rendered as part of its annexation responsibilities.

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The coexistence of public and private local government can be dicey, particularly when it comes to determining who pays for a given service and who benefits.

Holding water companies accountable sounds good to this HOA

Holding water companies accountable sounds good to this HOA: The Summertree community in New Port Richey has been fighting its water company for more than a decade.

Homeowners Association President Rich Neilsen says poor water quality has forced homeowners to buy their own filtration systems.

"We are paying enormous funds for unsatisfactory water," Neilsen said. "The residents of this community need to buy bottled water to drink. We can't drink our water."
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Private water companies don't go over well in Privatopia, Florida sector.

The Fate of a City | KUNSTLER

The Fate of a City | KUNSTLER
Interesting paragraph about doomed-to-fail condos and HOAs in this post by the author of The Geography of Nowhere, talking about how the financialization of the economy flooded New York City with money, but (Kunstler says) it is all about to dry up:

"Mayor Bloomberg was celebrated for, among other things, stimulating a new generation of skyscraper building. There is theory which states that an empire puts up its greatest monumental buildings just before it collapses. I think it is truthful. This is what you are now going to see in New York, especially as regards the empire of Wall Street finance, which is all set to blow up. The many new skyscrapers recently constructed for the fabled “one percent”— the Frank Gehry condos and the Robert A.M. Stern hedge fund aeries — are already obsolete. The buyers don’t know it. In the new era of capital scarcity that we are entering, these giant buildings cannot be maintained (and, believe me, such structures require incessant, meticulous, and expensive upkeep). Splitting up the ownership of mega-structures into condominiums under a homeowners’ association (HOA) is an experiment that has never been tried before and now we are going to watch it fail spectacularly. All those towering monuments to the beneficent genius of Michael Bloomberg will very quickly transform from assets to liabilities."