Friday, March 23, 2018

The Spread of 'Billionaire's Bay,' the Glut of Million-Dollar Homes Across San Francisco - CityLab

The Spread of 'Billionaire's Bay,' the Glut of Million-Dollar Homes Across San Francisco - CityLab: "Between 2012 and 2016, the percentage of $1 million+ homes in San Francisco grew a gobsmacking 37.8 percent, rising to represent 57.4 percent of the homes in the city.

In San Jose, 46.3 percent of homes now cost more than $1 million, an increase of 28.9 percent. And in Oakland, an astonishing 19.7 percent of homes hit seven figures in 2016, a growth of 14.5 percent since 2012. Oakland today boasts a higher percentage of $1 million+ homes than San Francisco did four years ago—a figure that ought to give Oakland residents pause."

--------

The California housing market has gone nuts, and nowhere is it crazier than in the San Francisco Bay area.

Washington D.C. Appellate Court Holds Foreclosure of Condominium Lien Extinguished First Mortgage Despite Condominium Association’s Representations to the Contrary - Lexology

Washington D.C. Appellate Court Holds Foreclosure of Condominium Lien Extinguished First Mortgage Despite Condominium Association’s Representations to the Contrary - Lexology: "The District of Columbia Court of Appeals recently held that a condominium’s foreclosure of a “super-priority” condominium lien extinguished an otherwise first-priority mortgage on the property, despite the fact that the association’s notice of sale and deed to the third-party purchaser stated that the sale was “subject to” the mortgage. See Liu v. U.S. Bank Nat’l Ass’n, 2018 WL 1095503 (D.C. Mar. 1, 2018)."

-------------------

This association superlien policy is controversial. In this case, I wonder if it will stand up to an appeal, because the association stated that the sale was "subject to" the first mortgage lien.

Thursday, March 22, 2018

Nursing Home No More: The New Trend Is Aging With Your Friends

Nursing Home No More: The New Trend Is Aging With Your Friends:

This is about cohousing for seniors, which is an interesting alternative to seniors communities designed and run by large-scale developers and other mass-produced housing for retired people.  Contrary to what the article says, cohousing is not a "new trend." It has been around in Europe and the US since the 1980s, but it has not caught on in this country. It involves common ownership, but the residents set it up themselves and make their own rules.  The problem seems to be that it takes a lot of work and capital, and so far there haven't been many people willing or able to do it. It is much easier to respond to an ad about The Villages in Florida and walk into a turnkey, corporate-designed, large-scale seniors-only community with golf courses and swimming pools everywhere.

Wednesday, March 21, 2018

St. Boniface Church Is Resurrected as a New Condo Development | Chicago magazine | April 2018

St. Boniface Church Is Resurrected as a New Condo Development | Chicago magazine | April 2018: "In a nod to the church’s charitable history, Northwestern Settlement, a social services agency, plans to move its offices into the new building. The nonprofit’s space will include four affordable housing units.

Skoulsky says that it’s still too early to give a price range for the units in the main part of the development, Skoulsky says, though he does concede that, given the size, “the prices may push the neighborhood.” (The average condo in Noble Square now goes for $511,000, according to Redfin.) Better hope you find some pennies from heaven scattered on the sidewalk."



-----------------

This is a historic church that has been closed for several years. It will reopen as a high-end condo development. It's nice that there will be a social services agency there, and four units that are "affordable," but it is another example of trends in the housing market since the crash of 2008, where developers are interested in building for the rich.


Monday, March 19, 2018

Completion of Preparatory Work on Gated Communities Legislation Anticipated by 2019/20 - Jamaica Information Service

Completion of Preparatory Work on Gated Communities Legislation Anticipated by 2019/20 - Jamaica Information Service: "The proposed Act aims to address issues associated with town houses and gated communities that are not currently covered by legislation.

They include non-payment of maintenance fees, dispute resolution, violation of by-laws and other communal living arrangements.

Noting that the Act could, arguably, represent the last major piece of legislation required to streamline the entire real estate sector into “good order”, Dr. Chang said the consultations were timely.

This, he pointed out, against the background that “we are going to see more and more town houses, gated communities and expanded apartment complexes; so we need the appropriate legislation to ensure that properties are properly maintained and developed”."




---------------

In Jamaica, as in so many other places, common interest housing is the way the housing market is going.

Man says battle with Olathe HOA proves need for proposed KS law | The Kansas City Star

Man says battle with Olathe HOA proves need for proposed KS law | The Kansas City Star: "Scott Wircenske’s eight-year battle with his HOA started with a simple request.

The Parkhill Manor Homes Association had just awarded a property management contract to one of its own board members, and the Olathe homeowner wanted to know whether the job had been put out for a bid.

“This man had been on the board in 2008 and then all of a sudden in 2009 he becomes the property manager, and he’s also a homeowner,” Wircenske said. “It smelled really bad. I wanted to know, ‘How did we arrive at this? How did we pick him?’ And basically, the response has been, ‘Go away and mind your own business.’ ”"


----------

This is a familiar story. Unregulated private government is a fertile ground for conflicts like this.

Friday, March 16, 2018

Oxberry pays HOA dues to get neighborhood support for luxury retail project - Houston Chronicle

Oxberry pays HOA dues to get neighborhood support for luxury retail project - Houston Chronicle:

Here you go, folks. Local democracy in action. Money for votes.



"Oxberry Group compensated nearly 200 residents in a deed-restricted neighborhood to approve plans for a high-end shopping center in the Tanglewood area.

The Houston developer donated $100,000 to the Briarcroft community association and paid one year’s worth of HOA dues — about $625 per household — to any Briarcroft homeowner who voted in favor of its Shops at Tanglewood project. It also held neighborhood meetings, sent informational mailers and knocked on doors to get signatures.

Sean Jamea, an Oxberry co-principal and an attorney, said there’s “nothing wrong” with swaying votes in this manner.

“It’s been happening in Florida for decades,” he said. “There’s absolutely nothing wrong with it. We wanted the Briarcroft neighborhood to prosper with us as we build this shopping center.”"



Thursday, March 15, 2018

Getting Started – Choosing Between a Co-op and a Condo - The New York Times

Getting Started – Choosing Between a Co-op and a Condo - The New York Times:

If California gets serious about building more high-density housing (see my post below), they should consider housing cooperatives. New York City has more co-ops than condos. Chicago has lots of co-ops, including limited equity co-ops that remain affordable.

------
"There is no question that there are more co-ops than condos in New York City, but the gap has been narrowing in recent decades. 'In Manhattan, it’s about 75 percent co-op versus 25 percent condo,' said Jonathan J. Miller, the president of the Miller Samuel appraisal firm. 'In the early 1990s, it was about 80/20, and in the mid-1980s it was 85/15.'”

In California, Momentum Builds for Radical Action on Housing - CityLab

In California, Momentum Builds for Radical Action on Housing - CityLab: "Cities around the world are dealing with severe housing shortages and inflated housing costs. But nowhere is housing such a potent political issue as in California, whose unique geography, state policies, and activist culture have combined with a poorly distributed economic boom to create a “perfect storm”—the chosen words of multiple sources for this story.

"

--------------------

This is what political scientists call a "policy window," a time when legislators are looking for solutions and there is an opportunity for interest groups who may have been ignored to get the ear of somebody looking for a bill to push.  Ideas that can be framed as solutions to the "housing crisis" will be considered. The most obvious problem is that owner-occupied housing in much of California, especially southern California and the San Francisco Bay area, is insanely expensive. Why? Many people say it is all about the law of supply and demand, and that the supply of housing is inadequate to meet the demand. The solution they propose is for cities to allow construction of more high-density housing. Cities are generally reluctant to do this, so State Senator Scott Weiner is proposing that the state should force cities to issue building permits for high-density construction near transit hubs. That would mean condominiums and apartment buildings. Condominiums are the go-to idea for legislators every time somebody proposes to make owner-occupied housing more affordable. But the problem is that we just found out the hard way, when the housing market tanked in 2006-2007, that selling condominium housing to people of moderate income is a  risky proposition.  I could go on about this, but I think I've made that point enough times for now.  However, that experience won't stand in the way of doing the same thing all over again, because when it comes to home ownership in this country, there is no mistake that we won't repeat.

Monday, March 12, 2018

You Care About the Subdivision Regulations, You Just Don't Know It (Yet) — Strong Towns

You Care About the Subdivision Regulations, You Just Don't Know It (Yet) — Strong Towns: "Basically, local subdivision regulations govern the division of land, which includes everything from a simple lot split to the creation of new neighborhoods from pastureland.  Among other things, they establish rules for the creation of lots, blocks and streets, and provide for the establishment of easements, parks, and public rights-of-way.

Making modest, intelligent changes to this document can have enormous impacts because new neighborhoods tend to be mass-produced at a large scale.  If your city hasn’t re-evaluated its subdivision regulations in a while, you’re probably still replicating bad ideas from the 1970’s — creating inflexible, and auto-centric places.  If this is the case, it's time for a change."

---------------------


Sunday, March 11, 2018

Middle Class neighborhoods must be focus for some cities

Middle Class neighborhoods must be focus for some cities:

Interesting question--should cities focus on helping distressed neighborhoods, or strengthening middle class neighborhoods?

Can mass timber help California build its way out of the housing crisis? - Archpaper.com

Can mass timber help California build its way out of the housing crisis? - Archpaper.com:



Mass timber means using wood for the load-bearing structural components of buildings up to 18 stories high. California's housing costs are insanely high and there is a housing shortage. There aren't enough millionaires to buy the currently housing stock, apparently.  Thoughts are turning to high-rise, high density residential construction made of wood.

Thursday, March 08, 2018

Ben Carson's housing agency drops pledge to end housing discrimination | US news | The Guardian

Ben Carson's housing agency drops pledge to end housing discrimination | US news | The Guardian: "The US housing department, helmed by the former neurosurgeon Ben Carson, has proposed a new mission statement in which the pledge to build “inclusive” communities “free from discrimination” is removed.

The proposal comes just two weeks after the United States Citizenship and Immigration Services changed its mission statement to eliminate a passage that described the US as “a nation of immigrants”."

-----------------

What's next? Maybe they will hang a sign around the Statue of Liberty that says "Whites Only."

Tuesday, March 06, 2018

Bills Affecting Community Associations | CAI Illinois

Bills Affecting Community Associations | CAI Illinois:
Here's one:
HB5744 (Rep. Drury) ATTORNEY FEE AWARDS TO UNIT OWNERS/ELIMINATION OF FEES IN DEMAND NOTICES. The bill amends Section 9.2 “Other remedies” of the Illinois Condominium Property Act. The bill would require that attorney’s fees incurred in sending and serving a collection demands under the Forcible Act be EXCLUDED from an owner’s assessment account. Additionally, contrary to most governing documents, the bill provides that if an owner is the “substantially prevailing party” in any litigation or arbitration (including a collection action) involving an association or its board, the court shall award that owner his or her attorney’s fees and costs. On February 16, 208 this bill was referred to Rules Committee. This bill is identical to HB3755 introduced in 2017 by Representative Drury.

http://www.ilga.gov/legislation/billstatus.asp?DocNum=5744&GAID=14&GA=100&DocTypeID=HB&LegID=111835&SessionID=91

'

Homeowners facing $20 million jury verdict over swing set that left boy disabled demand answers from Lamplight Village HOA - KTNV.com Las Vegas

Homeowners facing $20 million jury verdict over swing set that left boy disabled demand answers from Lamplight Village HOA - KTNV.com Las Vegas:

The association turned down a policy limits demand of $2 million and then lost the trial and got hit with a $20 million verdict. Guess who is liable to pay the debts of the association, including massive verdicts like this? The owners. And of course everybody is shocked to discover that this the way things work in a common interest community. I've been talking about this liability problem for a long time now, but every time it happens, people act surprised. 

Tuesday, February 27, 2018

Creekside Golf Club owners sue HOA board for reserve fund spending

Creekside Golf Club owners sue HOA board for reserve fund spending

"Creekside Golf Club’s owners have asked a judge to remove the board of an adjacent homeowners association and put the HOA into receivership. It’s the latest volley in a two-year legal battle that will decide whether the club’s owners, developers Larry Tokarski and Terry Kelly, can close the South Salem championship course and turn it into a residential subdivision. The developers say the six members of the Creekside Homeowners Association Board, all of whom own golf course-view homes, illegally used the association’s reserve account to pay for an April 2016 lawsuit alleging the course must remain open indefinitely. That bankrupted the association, raising monthly assessments for the many homeowners whose property values would not be affected by the course’s closure, the lawsuit alleges."

-----------------

I haven't looked up any of the pleadings, but this looks like an unusual situation. The golf course owners seem to be claiming there is no contractual or property rights connection between the golf course and the residential properties, so they can turn the course into a subdivision if they want to.  But the HOA said that buyers were promised in their original covenants that there would be a golf course next door.  Deborah Goonan did a long post on HOA conflicts involving golf courses that mentions this case and others.

Thursday, February 22, 2018

Autonomous Vehicles Are Coming, and California Isn’t Ready – Streetsblog California

Autonomous Vehicles Are Coming, and California Isn’t Ready – Streetsblog California

"Reynolds, testifying to the committee, said that as currently worded the federal act would prohibit states and cities from adopting, maintaining, or enforcing “any rules or standards regulating the design, construction, or performance of AV systems with respect to safety, data recording, cybersecurity, human-machine interface, crash-worthiness, post-crash behavior, or automation function.” It would also prohibit states from promulgating any rules on any other issue regarding AVs, including requiring any of them to be electric or subjecting them to VMT fees. It would nullify S.B. 1298, which in 2012 called for the California Department of Motor Vehicles to create safety rules for testing AVs in the state, and it could potentially nullify the rules that resulted from that law as well as prevent the DMV from updating them—although they sorely need updating, and the DMV is in the process of doing so. The act, said Reynolds, “jeopardizes the state’s ability to regulate safety, congestion, and environmental benefits of AVs. Preemption is a feature, not a bug.”

--------------

The rest of the developed world is enjoying high-speed rail, and we are dithering while trains go off the tracks, bridges teeter on the edge of collapse, and we have a multi-trillion dollar deficit in just fixing the infrastructure we already have. The rest of the developed word is planning cities around a (very near) future of electric, self-driving, shared vehicles, with homes powered by solar energy. We are under the boot of a federal government that is bought and paid for by big oil.

What's Missing From the Housing Recovery? New Condos | realtor.com®

What's Missing From the Housing Recovery? New Condos | realtor.com®: "With the last financial crisis now firmly in the rearview mirror, builders are swinging their hammers again and putting up sorely needed new homes. But something’s missing amid all the scaffolding: condos.

Their absence is already being felt by first-time and cash-strapped buyers contending with record-high home prices thanks to the lack of properties on the market. Condos, which are often more affordable than traditional single-family houses with backyards, may seem like a solution. But builders are shying away from putting them up, even in urban areas, where they're often the most concentrated. Why?"

-----------

To put it bluntly, the answer is because growing income inequality makes it more attractive to build luxury homes for rich people, and because building cheap condos leads to construction defect litigation.


Tuesday, February 13, 2018

Trump administration wants to sell National and Dulles airports, other assets across U.S. - The Washington Post

Trump administration wants to sell National and Dulles airports, other assets across U.S. - The Washington Post:



This kind of privatization amounts to selling off valuable public assets to rich investors. Trump and his cronies are strip-mining the public sector. Public lands and public infrastructure are set to be plundered by the 1%. Anything that can turn a profit will be lost to the public and converted to private ownership, put under a long-term lease, or subject to private extraction rights for mining, grazing, logging, etc.

Bundy-backing Vegas councilwoman threatens critics at meeting: ‘If I hear a boo I will have marshals remove you!’

Bundy-backing Vegas councilwoman threatens critics at meeting: ‘If I hear a boo I will have marshals remove you!’

This is right-wing, gun-toting, Cliven Bundy supporter Michele Fiore again. The article says that she became angry after a citizen asked her why she was checking her phone during the meeting. As this article notes, she received some attention a while back, when she was running an HOA meeting and did the same thing. It's interesting that she considers herself a great advocate for freedom from tyrannical government, but when she is the one wielding power, she threatens people with arrest for disagreeing with her too vigorously for her taste. At the HOA meeting, "Fiore quickly ordered city marshals to remove someone who asked her a question about the sale, and a disabled veteran who lives nearby decided to start recording video on his phone."

Monday, February 12, 2018

Trump unveils infrastructure plan: Here's what's in it - Feb. 11, 2018

Trump unveils infrastructure plan: Here's what's in it - Feb. 11, 2018:

You can read the whole thing if you want to, but it doesn't amount to much. Let me boil it down for you.

1. It claims to be a $1.5 trillion dollar federal infrastructure plan.

2. It isn't.

3. It proposes that the federal government would spend only $200 billion dollars, spread over ten years.

4. The rest of the money would magically appear from state, local and (of course) private sources, because...incentives!

5. The American Society of Civil Engineers says we need to spend $4.59 trillion in order to address our aging, inadequate, underperforming, and in some cases dangerous infrastructure.

6. So this proposal is ridiculous. Even if the federal government were actually putting $1.5 trillion to this purpose, it would be less than one-third of what is needed. To chip in $200 billion over a decade is a joke. And to expect cash-strapped state and local governments to pony up these sums is absurd.

7. As for the magic of the private market, all I can see here is the usual Republican smoke and mirrors. They want to sell off public assets (privatization), and create "incentives" for banks to lend and for vendors to do what government should be doing. 70% of the criyeria for obtaining federal funding is getting private money. "The evaluation criteria would be
o the dollar value of the project or program of projects (weighted at 10
percent);
o evidence supporting how the applicant will secure and commit new, non-
Federal revenue to create sustainable, long-term funding for infrastructure
investments (weighted at 50 percent);
o evidence supporting how the applicant will secure and commit new, non-
Federal revenue for operations, maintenance and rehabilitation (weighted
at 20 percent);
o updates to procurement policies and project delivery approaches to improve
efficiency in project delivery and operations (weighted at 10 percent);
o plans to incorporate new and evolving technologies (weighted at 5 percent);
and
o evidence supporting how the project will spur economic and social returns
on investment (weighted at 5 percent)."

8. There is a fundamentally flawed assumption under all this. They always claim that private businesses, that are all about making profits, are going to do things that government has been doing. But the reason government did most of these things is that they are necessary, but not profitable, tasks. So as a general rule, private businesses don't take on such tasks, unless they can make a quick profit and then bail, or unless they can do "cream-skimming" and service only the affluent customers.

8. So if you like expensive toll roads and bridges and tunnels and trains and airports, all of which go to and from places affluent people want to go, then you may get something out of this plan.

9. But for the most part, this "plan" is a bust.


Friday, February 09, 2018

Michigan governor admits his prison food privatization scheme has failed – ThinkProgress

Michigan governor admits his prison food privatization scheme has failed – ThinkProgress

Michigan voters elected this anti-government dunce. Ask people in Flint how that worked out for them. Now he has deprivatized the prison food service because privatization was such a disaster.

Fake homeowners association files real liens on Northland neighborhood after fake bills go unpaid | FOX 4 Kansas City WDAF-TV | News, Weather, Sports

Fake homeowners association files real liens on Northland neighborhood after fake bills go unpaid | FOX 4 Kansas City WDAF-TV | News, Weather, Sports

"KANSAS CITY, Mo. -- For years, people living in a quiet neighborhood in the Northland ignored the invoices that arrived in their mail demanding payment to a homeowners association. “Just want to let you know it's a scam,” Tony Navarro said he was told when he moved to the Summerfield subdivision. “This is not an HOA neighborhood at all. There are no monthly fees.” But then, just before Christmas, a $445 lien was filed against Navarro’s home and more than 30 others. The reason? For not paying dues to the Summerfield Homeowners Association. An HOA that has no board and provides no services...We tried to talk to Lovell, but she wouldn’t even open the door of her home. Speaking behind a window, she told us she had no comment. Later Lovell’s attorney wrote to FOX4 that Lovell thought the neighborhood should have an HOA to pay for the upkeep of the lot containing the neighborhood’s drainage basin. FOX4 Problem Solvers found it surprising that Lovell cared since she lives in Independence -- far from the Summerfield neighborhood. We also wanted to speak to the other person behind the fake Summerfiled HOA, but he was even harder to reach. Al Roberts is in federal prison, convicted of $3 million in mortgage fraud. "

-----------

With local and state governments taking no responsibility for the conduct of CID private governments, there is all kinds of room for people to move into that vacuum. Fraud, embezzlement, association takeover, financial mismanagement--these things could be made less frequent with proper oversight.


Neighbors owe HOA thousands after missed payment - ABC15 Arizona

Neighbors owe HOA thousands after missed payment - ABC15 Arizona

"Scottsdale - Neighbors Ted Koch and Chad Lakridis don't know each other, but both have the same story.  They live in the Desert Ridge Community Association which they both say is unfairly billing them thousands of dollars because of a $15 late fee."

-----------


The Michigan town where only Christians are allowed to buy houses | US news | The Guardian

The Michigan town where only Christians are allowed to buy houses | US news | The Guardian

"The Christian exclusionary component was introduced in the 1940s. This was a time of heightened racial anxiety and antisemitism in the US, with swaths of Jewish refugees denied asylum from Europe – an act supported by a majority of the American public. The Christian-only clause was introduced together with a white-only clause, which the association eliminated the following decade. Catholics were given a 10% quota, which was eventually dropped. Over the years, however, the Christian-only requirement was, if anything, reinforced. The lawsuit charges that Bay View Association, although private (some private entities including gentlemen’s clubs or the Boy Scouts, for example, historically have been able to discriminate), acts in effect as a governmental entity, endowed with the powers to police and enforce laws. As such, the lawsuit claims, it is engaging in religious discrimination in violation of the US and Michigan constitutions, Michigan’s civil rights act and the Fair Housing Act. Mike Steinberg, the legal director of the American Civil Liberties Union of Michigan, believes the lawsuit is an “open-and-shut case”.

---------------

Interesting case that raises the question of whether and under what circumstances a private organization should be treated as if it were a government. I will be following this.

Thursday, February 08, 2018

The biggest privatisation you’ve never heard of: land | Brett Christophers | Opinion | The Guardian

The biggest privatisation you’ve never heard of: land | Brett Christophers | Opinion | The Guardian:



"All told, around 2 million hectares of public land have been privatised during the past four decades. This amounts to an eye-watering 10% of the entire British land mass, and about half of all the land that was owned by public bodies when Thatcher assumed power. How much is the land that has been privatised in Britain worth? It is impossible to say for sure. But my conservative estimate, explained in my forthcoming book on this historic privatisation, called The New Enclosure, is somewhere in the region of £400bn in today’s prices. This dwarfs the value of all of Britain’s other, better known, and often bitterly contested, privatisations."

----------------

And what did we do here in the US? We quietly privatized a vast array of local government services, and effectively privatized the land, where CIDs are located. 

Monday, February 05, 2018

When a Co-op Board Misbehaves - The New York Times

When a Co-op Board Misbehaves - The New York Times: "Ms. Liang and other shareholders have learned through their efforts that because there is no agency responsible for regulating co-op and condo board behavior, there is little recourse for shareholders if they believe a board is misbehaving, other than to take on the significant expense and time required to file a lawsuit."

----------------

People keep discovering this for the first time.

Friday, February 02, 2018

Insurance Law Report: January 2018 - Phelps Dunbar LLP

Insurance Law Report: January 2018 - Phelps Dunbar LLP:

Thanks to Fred Pilot for this link. He notes that it seems like the condo construction defect suit will always be with us. Why are there so many of these suits? I would say it flows from the dynamics and incentives of the real estate development industry.

1.The developers and general contractors all want to maximize profits, which means they all want to minimize costs. So there is always a temptation to cut corners on materials and workmanship. The same goes for the subcontractors in all the trades. Not everybody does this to the same degree, but that practice increases the risk of defects in original construction.

2. And then a great deal of the housing stock is, by definition, constructed during boom periods, when the supply of skilled labor is exhausted in the places where the most housing is going up. Relatively unskilled and inexperienced workers can find work easily.

3. Many of the people who build condos are thinking in terms of immediate profits from quick sales. Contrast this with somebody who builds an apartment complex and intends to draw income from it long-term.

4. There are condos at various ends of the price spectrum. The higher you go, the greater the expectation of quality. During the last housing boom, when the financing was so easy to get, there was a lot of condo housing constructed for people of low to moderate income. Some of that wasn't particularly well-built.

Monday, January 29, 2018

Is it all in the eye of the beholder? Benefits of living in mixed-income neighborhoods in New York and Los Angeles. – JUA Blog

Is it all in the eye of the beholder? Benefits of living in mixed-income neighborhoods in New York and Los Angeles. – JUA Blog

This is a blog post that summarizes an article in the Journal of Urban Affairs by my friend Renaud LeGoix, Elena Vesselinov, and Mary Clare Lennon. The article looks at mixed income neighborhoods and examines what they do and don't accomplish for their residents.



"In this article, we discuss the differences between “design-politics” and “organic” mixed-income neighborhoods. Design-politics neighborhoods are communities influenced by the federal housing policies in integrating former public housing residents with higher income groups. It is believed that such income integration will be beneficial to lower-income groups, where through better housing conditions and role-modeling they will create better lives. The question is do policy intentions correspond to reality, thus the title of the paper, “Is it all in the eye of the beholder?” Is this policy a wishful thinking or a reality?"



  The full article is available free at this link.

Saturday, January 20, 2018

"Privatization Is Bad," says British writer

Privatization Is Bad

"One of Britain’s largest government contractors, Carillion, announced bankruptcy on Tuesday, leaving its 20,000 UK employees unsure of their future and causing layoffs at its subcontractor. The company was £1.5 billion in debt. Whoops! The company is woven into basically every part of the public sector in Britain, from school meals and hospital cleaning to housing for the military."

-------------------

This article explains how the era of privatization brought about government dependency on private contractors, so that if and when a major contractor fails, government doesn't have the staff or the expertise to take over from the contractor. I see the same problem in the US. What happens when cities take a cash payment for a major public asset, such as a bridge or highway, and then the new owner or lessee goes bankrupt? That can also be a strategic bankruptcy, where the corporation doesn't want to put money into an asset to rehab it and decides instead to move their money elsewhere and liquidate the entity that owns or leases the asset. Or when the city happily lays off a lot of employees because they contracted out the public school food service, or he janitorial service, or the teaching, if the contractors don't get the job done? Or if they don't turn enough of a profit and just go out of business? The problem is that before privatization we could be sure that government would continue doing these things, and it doesn't matter whether those activities are profitable or not. After privatization, we don't know that. On the contrary, we know that private corporations do things only as long as they are making a profit. This is where all this nonsense about making government operate like a business comes back to bite us. Governments do things that, by definition, don't turn a profit. When we turn those things over to private corporations, we run the risk that the corporations will bail out on us, and then government has lost the ability to pick up the function without a lot of lost time and extra expense.

And, as this article notes, that profit-seeking creates other problems. Bizarrely, governments end up paying private vendors extra money because of guarantees that are written into their contracts. This has been a huge problem with the Chicago parking meter privatization fiasco. It happened in the UK, too: "This is what happens when you outsource what should be government services, and particularly when you outsource so much to one company: you introduce the likelihood of a whole new kind of total fucking disaster, where the terrible, risky, profit-driven practices that characterize the private sector get mixed in with services that absolutely should not be subjected to that kind of risk, like schools and hospitals. Introducing a profit element to public services can only end in corner-cutting, under-providing and over-charging, and spending more than you would if the government just did it themselves. You end up with a ridiculous situation, where, for instance, Britain’s public health service, which is already underfunded, pays an £82 million settlement to a private company who sued because they didn’t win a contract."

Friday, January 19, 2018

Money man: U.S. billionaire Robert Mercer helped Trump win the presidency — but what does he really want?

Money man: U.S. billionaire Robert Mercer helped Trump win the presidency — but what does he really want?: "“The ultra-wealthy of today differ from the ultra-wealthy in past eras in that they have, a lot of them, no stake in the infrastructure of society,” Magerman said. He’s seen that their wealth does not depend on the health and stability of the country. In fact, they get rich on volatility and instability."

------------

This is one of the main arguments I made in my first book on the rise of private communities. The rich now have their own parallel state of private institutions, and that's where they live, and many of them are like Mercer--they believe that they don't need public government, and everybody who isn't rich is a parasite. They believe that government is just a way for the parasitic many to steal from the productive few. The notion that ordinary people are working their butts off to generate surplus value for the Mercers of the world is lost on them.

Gated communities stepping up security after violent trail of crime alleged on Spring murder suspects | abc13.com

Gated communities stepping up security after violent trail of crime alleged on Spring murder suspects | abc13.com

SPRING, Texas (KTRK) -- Gated communities are increasing security after two violent home invasions and one that ended in the murders of a beloved Spring couple. Jenny and Bao Lam, both 61, were ambushed in their garage in the Northgate Forest subdivision last week. The three suspects - Khari Kendrick, Aakiel Kendrick and Erick Peralta - then robbed, tortured and shot them to death, according to Harris County Sheriff's investigators. All three have been charged with capital murder. Two days earlier, authorities believe they were in the Champion Lakes Estates community near Tomball...One suspect got into the neighborhood, despite the front gate, on foot. He then looked for an open garage door and caught the male victim off guard. Once inside, he forced the victim to give him the gate code to get his alleged accomplices and their car inside."

------------

Horrible story. It shows how little security is provided in many gated communities. Gates along don't do much to protect residents from people who are determined to get in.

Thursday, January 18, 2018

Amazon shortlists 20 cities for second headquarters | Technology | The Guardian

Amazon shortlists 20 cities for second headquarters | Technology | The Guardian:

Chicago is on the short list. But it is embarrassing to see how some of these cities prostrated themselves before the great God Amazon: "Amazon has claimed its new $5bn headquarters will create 50,000 new jobs and the prospect of securing its favour set off an aggressive charm offensive with cities offering huge tax breaks and even sending gifts, including a giant cactus, to attract the company’s attention. Calgary in Canada offered to change its name to Calmazon or Amagary if it won and a local business group offered to fight a bear to win Amazon’s approval. It did not make the list."

The Privatization Agenda Goes Bust

The Privatization Agenda Goes Bust: "The collapse of Carillion, the mammoth UK government contractor that went bankrupt Monday, was wholly made in Britain, although it has negative consequences internationally.

The reason for Carillion’s bankruptcy, which puts vital public services and thousands of jobs at risk, is that the firm and its component companies grew fat during the first phase of neoliberal economic policy and could not cope with the more recent phase, austerity."

------------------------

The record of privatization, after close to 40 years of evaluation, is mixed at best, but it has been profitable for contractors. However, most of those studies are from the pre-2008 era. This article suggests that in the post-2008 environment, austerity policies have put government on a starvation diet. If government doesn't have the money to pay for construction and repair of infrastructure and provision of services, then firms that want to perform those tasks on a privatized contractual basis are in trouble. 

San Rafael condo owners hit with $145,000 special assessment

San Rafael condo owners hit with $145,000 special assessment

"Members of the 36-unit Pinnacle Condominium Association in San Rafael have approved a special assessment that will result in each condo owner having to pay $145,000 to fund a $5.22 million exterior repair project. “That is a major special assessment for a building this size,” said Marjorie Murray, president of the Center for California Homeowner Association Law in Oakland, a clearinghouse for consumer education and referral services for the estimated 9 million California homeowners who now live in a common interest development."

-------------------

This is a long and detailed article about a terrible situation in an old development, built in 1980, that now needs new siding and roof decks. The assessment received 18 "yes" votes. The problem here is that no condo development, no HOA, should ever find itself in the situation of needing a massive special assessment to fund repairs for major building components that have just worn out over time. Boards are supposed to make sure that monthly assessments over decades include enough of a contribution to reserve funds that, when the time comes for a new roof or siding or decks, it is affordable without a six-figure special assessment. As Marjorie Murray, president of the Center for California Homeowner Association Law, put it, “Homeowner associations are required by law to do reserve studies every three years to determine how much they should be saving for capital items like roofs and building infrastructure,” Murray said. “The idea is that boards should plan ahead and save in reserves so that special assessments aren’t necessary.”

And there are reserves, to the tune of $800,000. That won't fund a $5 million repair, but Marjorie also questions why the association has decided to use only $300,000 of their reserves.

There are other questions raised in the article, such as whether this repair plan is the only way to go, and whether the association should get more opinions and try to reduce the cost. But it still comes down to the fact that the reserves are too low to pay for repairs to an old building, and the unwillingness of today's owners to reserve enough money now to pay for future repairs that will benefit future owners. Attorney Tyler Berding has been talking about this problem forever. I have been saying for years that condominium housing demands more from the financial and social resources of owners than many, even most, of them are prepared to deliver. Here you have Exhibit A. In order for this form of housing to function in the long term, and to avoid catastrophic special assessments that drive people into debt or out of their homes, there needs to be government financial oversight of all condominium associations. Stricter reserve study requirements, agency oversight, and mandatory public disclosure of reserve funding levels need to be considered.

Wednesday, January 17, 2018

Rent or own? The affordability conundrum

Rent or own? The affordability conundrum: "ATTOM Data Solutions reports that 64 percent of Americans now live in places — mostly big metro areas on the East and West coasts — where it is more affordable to rent than own. That means the monthly cost of a mortgage, mortgage interest, insurance and property taxes on a median-priced home in the area will eat up a larger percentage of the average monthly wage there than paying rent on a typical three-bedroom apartment."

--------------------------

It isn't just the the cities on both coasts. The same is true of Chicago, as well as Las Vegas, Salt Lake City, Phoenix, Denver, and Austin. The reason is that in all these places, housing prices have inflated.


The Rise of the Backyard 'Granny Flat' - CityLab

The Rise of the Backyard 'Granny Flat' - CityLab

Yet another good idea that HOAs probably won't allow.

Tuesday, January 16, 2018

Can Government Officials Have You Arrested for Speaking to Them? - The Atlantic

Can Government Officials Have You Arrested for Speaking to Them? - The Atlantic

The US Supreme Court has this issue before them.  HOA and condo board members aren't government officials, but it will be interesting to watch this case.

It's Becoming Increasingly Hard For California Homeowners To Get Insurance : NPR

It's Becoming Increasingly Hard For California Homeowners To Get Insurance : NPR

"Insurance companies are increasingly dropping homeowners in California because of wildfire risk. There's concern the problem will grow worse after this year's destructive fire season."

----------

Insurance companies have freaked out about property insurance risks in California in years past. Fires, floods, 100-year storms, landslides earthquakes--these events are hard to build into their premium calculations. But homeowners need property insurance, so we shall see what the state legislature has to say about this.

Monday, January 15, 2018

Trump's Infrastructure Plan Is Actually Pence's—And It's All About Privatization

Trump's Infrastructure Plan Is Actually Pence's—And It's All About Privatization

"Pence and his allies like to boast about how Indiana sold control of major roads to private firms, claiming the move prompted corporations to invest money in infrastructure that would otherwise have been funded by taxpayers. But opponents say Indiana made some bad deals that offer a cautionary tale of get-rich-quick scheming, secrecy and cronyism that led the state to sell off valuable assets that were then wildly mismanaged."

------------

This "plan" probably will not lead to construction or maintenance of essential public infrastructure. It is more likely to foster a series of boondoggles in which state and local governments sell off valuable public assets--highways, bridges, etc.--to corporations that will strip them of their value for quick profits

Affordable housing bills signed by Gov. Jerry Brown | The Sacramento Bee

Affordable housing bills signed by Gov. Jerry Brown | The Sacramento Bee

"Gov. Jerry Brown on Friday signed a robust package of housing legislation aimed at addressing California’s unprecedented affordability crisis."
------
This article is from a few months ago, but I think these bills just went into effect. Across much if not most of California, housing is absurdly expensive. In major cities, San Francisco being the most dramatic example, middle class families can't afford to buy a home, and rents are absurdly high. The term "gentrification" doesn't even begin to describe it, because even people who would be considered gentrifiers in Chicago or Atlanta can't buy a home in San Francisco. Similar but somewhat less serious problems exist elsewhere. Median home prices in California are approaching $550,000. There are other problems that spin off from this, such as homelessness, traffic congestion and air pollution resulting from long commutes to work, and segregation by income and wealth. California is beginning to address their affordability crisis, but I think it will be a long and difficult process. Of course, condominium and HOA-run housing were intended to make housing more affordable by increasing density. But now CIDs are so ubiquitous that probably that solution has exhausted itself. Virtually all new housing in California is in CIDs already, and prices are still sky-high.  Here's an article from last June,  where they note that the average condo in San Francisco now sells for $1.2 million, and "For even more perspective, down in Los Angeles—hardly a cheap place to live in its own right—the California Association of Realtors estimates that the average home (house or condo) cost around $480,000 in April. In Orange County it was $775,000. In Santa Cruz, $815,000. But in San Francisco: $1.4 million for a house or condo, very close to Paragon’s own figure and nearly double some of the record highs everywhere else."

Tuesday, January 09, 2018

It’s so hot in Australia that bats’ brains are frying - The Washington Post

It’s so hot in Australia that bats’ brains are frying - The Washington Post: "In Sydney, temperatures hit 117 degrees Fahrenheit on Sunday, the hottest it has been since 1939."

-------------------

While Republicans in the US make the ridiculous claim that cold weather in the winter here means that there is no global warming, there is a heat wave in Australia that is killing bats by the hundreds. Koalas have to be sprayed with water to keep them cool. Asphalt roads are melting.

And of course, extremely cold weather is also evidence of global warming, because it means that the jet stream is losing its ability to hold Arctic air near the North Pole, where it belongs. So, when it gets so cold in Florida that iguanas are falling out of trees, that is consistent with the patterns of extreme weather that climate scientists have been predicting for years. There is also increasing evidence that the Gulf Stream may be slowing.  And of course the Arctic is melting.

Johannesburg's gated communities echo apartheid-era segregation in South Africa — Quartz

Johannesburg's gated communities echo apartheid-era segregation in South Africa — Quartz:

"In order to gain access to an unremarkable suburban road, South Africans have become accustomed to parting with their most personal details. At barriers erected across public roads, people who want to cross into this protected zone fill in their name, surname, cellphone, identity and car registration numbers, and then the exact time of their entry.

The law says they don’t have to when driving on a public road, but most people don’t give a second thought to handing over data in exchange for a sense of personal security in a city like Johannesburg with a reputation for high contact crimes, like murder and robbery.

This payoff, however, has created pockets of development—ranging from middle class suburbia to opulence—walled off from South Africa’s socio-economic reality. It has not only exacerbated inequality by making those beyond the wall invisible, gated communities show how short South Africans’ memory is about restricting the movement of the disenfranchised."

-------------------

Gated private communities are 15% of the real estate market in Gauteng, which is the area around Johannesburg and Pretoria. Half the gated communities in South Africa are in Gauteng. Obviously South Africa has a long and loathsome history of racial oppression by the white minority, and now that legal Apartheid is in the past, new forms of segregation have become prevalent.

Monday, January 08, 2018

We can draw school zones to make classrooms less segregated. This is how well your district does. - Vox

We can draw school zones to make classrooms less segregated. This is how well your district does. - Vox

Veteran says HOA won't allow him to fly American, Marine Corps...

Veteran says HOA won't allow him to fly American, Marine Corps...:



And the homeowner waxes poetic about his flags, except that this dispute isn't about flags--it is about flagpoles. I think that is pretty clear, but local media love this "HOAs hate the American flag" meme, so they make that the headline and the first paragraph. So here's what the association says:



"In this particular case the homeowner installed two 20-foot flagpoles on both sides of his driveway (one on each side) without first submitting the plans or seeking approval. The problem is that oneof the poles is in a utility easement, both poles are within the 25-foot building setback line and the restrictions (and Texas Property Code) only allow for the installation of one flagpole. We have already reached out to the veteran to let him know that the issue is not the flags and are awaiting a response. We are certainly willing to continue to work with this veteran in relocating one of his poles and would be remiss if we did not take this opportunity to thank him for his personal sacrifice and service to our country."

Auburn Community Upset after HOA Tells Them to Leave Garage Doors Open | FOX40

Auburn Community Upset after HOA Tells Them to Leave Garage Doors Open | FOX40:



"AUBURN, Calif. — Residents in a community in California are being forced to open their garage doors during the day. KXTL reports the neighborhood’s homeowner’s association said residents need to keep their garage doors up from 8 a.m. to 4 p.m. Monday through Friday. The policy started after one homeowner was caught allowing people to live in his garage. Many residents say they’re afraid to leave their belongings out in the open, and they’re rather have their garages inspected. Residents who don’t follow the new law will have to pay a $200 fee."

-----------------------

OK, I thought I'd seen or heard it all, but this is a new one on me. Good grief.

Saturday, January 06, 2018

Longtime L.A. Times contributor Donie Vanitzian remembered as champion of homeowner rights – LA Times

Longtime L.A. Times contributor Donie Vanitzian remembered as champion of homeowner rights – LA Times

This is an awful tragedy and a terrible loss. Donie Vanitzian was a great champion of homeowner rights, co-author of two books on common interest housing, and a long-time columnist for the Los Angeles Times. Her column on HOA and condo issues has been running since 2001.

It appears from the stories that she was killed by her husband, who has been charged with her murder.


Sunday, December 31, 2017

What Happens When the Richest U.S. Cities Turn to the World? - The New York Times

What Happens When the Richest U.S. Cities Turn to the World? - The New York Times

"What happens to America’s manufacturing heartland when Silicon Valley turns to China? Where do former mill and mining towns fit in when big cities shift to digital work? How does upstate New York benefit when New York City increases business with Tokyo? The answers have social and political implications at a time when broad swaths of the country feel alienated from and resentful of “elite” cities that appear from a distance to have gone unscathed by the forces hollowing out smaller communities. To the extent that many Americans believe they’re disconnected from the prosperity in these major metros — even as they use the apps and services created there — perhaps they’re right."

------------

What happens to America's small cities when the big cities don't need them anymore, because they are now playing in a global economy?

Monday, December 25, 2017

Homeowners association demands 'Jesus' sign be taken down | WHP

Homeowners association demands 'Jesus' sign be taken down | WHP

GETTYSBURG, Pa. (WHP) - A homeowners association in Gettysburg is demanding that a sign that says "Jesus" be taken down. The homeowners association responded to the sign after a complaint was filed about the homemade display in the front yard of Lynn and Mark Wivell's home, saying it was "offensive." In an email to the Wivells, the homeowners association claimed the sign "wasn't in accordance with normal Christmas decorations" and asked them to remove it.

-------

Cue the outrage. It may be Jesus this time, but it's the same issue all the time, and it unfolds basically the same way. People move into an HOA that has restrictions on signs and other outdoor displays and structures. Then they erect something in the yard or on the house that breaks the rules, claiming their home is their castle. Somebody complains and the association reacts by demanding compliance with the rules. Then the outraged owner calls the local media, and this story is the result. The ensuing debate is all about the merits of whatever was prohibited: Jesus, Christmas lights, political signs, flags, whatever.  The cry goes up, "What do you have against Jesus?"  Or the American flag. Or the anti-Trump sign. The HOA and their attorney explain that they are just enforcing the rules that apply to everybody.  Often the HOA backs down in the face of negative media portrayals. Sometimes they don't, and generally that means the HOA will prevail and the owner will end up liable for the association's attorney fees.

Behind all the surface outrage, the core issue is the legitimacy of private land use restrictions. Many people think they should be able to ignore them, and they don't think they should have to do what their HOA tells them to do.  And local media outlets have this basic story in a template that they can run by filling in the blanks. In the meantime, the most important issues facing most HOAs and condo associations are financial.

Wednesday, December 20, 2017

The Next Crisis for Puerto Rico: A Crush of Foreclosures - The New York Times

The Next Crisis for Puerto Rico: A Crush of Foreclosures - The New York Times

"First came a brutal 10-year recession and financial crisis that drove businesses from this island and left 44 percent of the population impoverished. Then, in September, Hurricane Maria, a powerful Category 4 storm, shredded buildings, wrecked the electrical power grid and possibly led to more than 1,000 deaths. Now Puerto Rico is bracing for another blow: a housing meltdown that could far surpass the worst of the foreclosure crisis that devastated Phoenix, Las Vegas, Southern California and South Florida in the past decade. If the current numbers hold, Puerto Rico is headed for a foreclosure epidemic that could rival what happened in Detroit, where abandoned homes became almost as plentiful as occupied ones. About one-third of the island’s 425,000 homeowners are behind on their mortgage payments to banks and Wall Street firms that previously bought up distressed mortgages. Tens of thousands have not made payments for months. Some 90,000 borrowers became delinquent as a consequence of Hurricane Maria, according to Black Knight Inc., a data firm formerly known as Black Knight Financial Services."

--------

The hedge funds, investment banks, and real estate syndicates are already moving in to buy up these distressed properties. A lot of this is condominium housing.

Monday, December 18, 2017

Rahm Emanuel's infrastructure trust: Is it a bust?

Rahm Emanuel's infrastructure trust: Is it a bust?: "The bold idea was that private financing could be found for much-needed, big-ticket improvements for the city, making it possible to get more of them done sooner and sparing taxpayers from having to foot the bills. City Hall says that still can happen. 

But the infrastructure trust has fallen short of the expectations the mayor laid out. It has yet to raise a dime in private financing for a single public works project, records show. At the same time, it has cost Chicago taxpayers more than $5.1 million to pay for its handful of employees, offices on Wacker Drive, consulting fees and other expenses."



'via Blog this'

Investigation: Emanuel's Chicago Infrastructure Trust has cost taxpayers $5 million but has contributed little, and other news | Bleader

Investigation: Emanuel's Chicago Infrastructure Trust has cost taxpayers $5 million but has contributed little, and other news | Bleader: "Mayor Rahm Emanuel launched the nonprofit Chicago Infrastructure Trust in 2012 with the promise of finding private investors to fund public infrastructure improvement projects. But the trust has cost Chicago taxpayers more than $5.1 million in administrative costs and salaries without raising any money, the Sun-Times reports. And it's accomplished little beyond assisting the city in choosing contractors for streetlight upgrades and the $95 million police and fire training academy. "There's no excuse for the mayor to avoid closing down this thing that's been a complete failure," a high-ranking Chicago official told the Sun-Times. "They've done nothing that can't be done by [the Department of Fleet and Facilities Management] or the Public Building Commission.""



'via Blog this'

How the American government slowly became a business | Jon Michaels | Opinion | The Guardian

How the American government slowly became a business | Jon Michaels | Opinion | The Guardian

"To be sure, gated communities and corporate conglomerates have their charms. And so does businesslike government. It promises to be faster, more innovative, cheaper, and more “customer” friendly – and that no doubt sounds appealing to any number of us who have endured long lines at the DMV or who have otherwise experienced wasteful, sclerotic, or simply apathetic government. But even assuming that those promises can be kept (a big if), there is good reason not to embrace privatized, commercialized government."

Thursday, December 14, 2017

Parking problem pits neighbor against neighbor in HOA battle | WFLA.com

Parking problem pits neighbor against neighbor in HOA battle | WFLA.com

"HILLSBOROUGH COUNTY, Fla. (WFLA) – When you drive through the Kings Lake subdivision in southern Hillsborough County, you may notice nice homes, well-kept yard and cars parked at odd angles across driveways.The strangely parked cars are the result of an ongoing battle between residents and the Homeowners Association."

Friday, December 08, 2017

What Happened to the American Boomtown? - The New York Times

What Happened to the American Boomtown? - The New York Times: "Interstate mobility nationwide has slowed over the last 30 years. But, more specifically and of greater concern, migration has stalled in the very places with the most opportunity...The places that are booming in size aren’t the economic boomtowns — the regions with the greatest prosperity and highest productivity. In theory, we’d expect those metros, like the Bay Area, Boston and New York, to be rapidly expanding, as people move from regions with high unemployment and meager wages to those with high salaries and strong job markets. That we’re not seeing such a pattern suggests that something is fundamentally amiss. The magnets aren’t working. "
------------
The article contends that the culprit is the cost and availability of housing in the places with the most opportunity. And that happens because the people who live in those places oppose new housing construction. San Francisco would have a much greater population if those who already live there weren't able to block residential real estate development--so the argument goes.

Tuesday, December 05, 2017

Special report: Can we build our way out of the housing crisis? - The San Diego Union-Tribune

Special report: Can we build our way out of the housing crisis? - The San Diego Union-Tribune: "San Diego County should be awash in new housing projects.

Unemployment is low and wages are rising. Many millennials are marrying, having children and aiming to buy. Their parents want to downsize.

But the market is not responding.

Last year only about 10,000 housing units were approved, and most were for rent, not for-sale homes and condos."

-----------------

The article suggests that anti-growth sentiments and lack of land zoned residential are the main problems, along with developers being afraid that if they build condos or HOA housing, the association will sue them for construction defects. I'm just spitballing here, but maybe they could try building them without defects, instead of cutting corners and lobbying for the legislature to take away the right of consumers to sue.

Thanks to Fred Pilot for the link.

Thursday, November 30, 2017

Vancouver’s “Radical” Housing Plan Makes Waves – Next City

Vancouver’s “Radical” Housing Plan Makes Waves – Next City: "It involves densifying areas that are currently stocked with single-family homes, restricting property ownership by nonpermanent residents and creating zones of rental-only housing."

-------------

Vancouver has a lot of condos as it is, but: "“We’ve had more than enough supply, and yet the housing costs have gone crazy,” the author concluded. (It’s important to make the distinction, however, between housing for sale and housing for rent. Vancouver’s construction boom has been condominium-heavy, and its rental vacancy rate remains among the lowest in the world.)"

Wednesday, November 29, 2017

Supervisors to vote on rescinding sale of private street in Presidio Heights - Story | KTVU

Supervisors to vote on rescinding sale of private street in Presidio Heights - Story | KTVU

"The wealthy homeowner's plight has drawn little sympathy in the wider community, with several speakers arguing today that the association was at fault and lambasting the board's support of the wealthy.  Ronen, in particular, argued against rescinding the sale, noting that the homeowner's association had lost the property once before in the 1980s for the same reason. "This case has viscerally impacted San Franciscans because there's no discretion in the law when it comes to poor people, there's no discretion in the law when it comes to people of color," she said, noting that most city residents did not enjoy private access to their streets and sidewalks."

--------------

This was fun while it lasted.


Bay City bar countersues condo owners for harassment | MLive.com

Bay City bar countersues condo owners for harassment | MLive.com

The condo owners sued because of the noise from the bar, so the bar owner sued the owners. This is going well.

Monday, November 27, 2017

South Africa: Gated Communities and Privatised Privilege - allAfrica.com

South Africa: Gated Communities and Privatised Privilege - allAfrica.com

"Attempts to privatise privilege by invoking the law of contract or property law speaks of a pre-constitutional mindset associated with a particularly toxic strand of liberalism. In terms of this view, the wealthy and socially privileged can largely opt out of ordinary legal obligations and the non-discrimination provisions of the Constitution. You can do this (according to a widely held, but false, belief) by buying and/or managing private property according to a set of rules "agreed" to by the property owners and by those who "voluntary" frequent these properties. All you have to do (according to this surprisingly persistent myth) is to invoke what has become an empty platitude ("right of admission is reserved") and - magically! - you have become exempt from any constitutional or other legal obligations."


Brookhaven reverses vote to prohibit gated community - Reporter Newspapers

Brookhaven reverses vote to prohibit gated community - Reporter Newspapers

But they are going to develop a policy on this: "[T] he city will work toward creating a broad policy to consider whether the city should allow future gated communities as it works to create connectivity and promote walkability."

Saturday, November 25, 2017

Malibu church to stop helping the homeless because city tells them it "lures the needy"


The United Methodist Church, one of many churches that provides food and help, has been offering free meals twice a week. But it said it was going to stop after being told the meal servicewas luring too many homeless people.
Dawn Randall, a member of the church, said it recently received an email from city officials. “Very succinctly, they claimed we are increasing homelessness,” she told CBS.
----------------
Malibu is a ritzy beach suburb north of Los Angeles. I guess the city wants the homeless to go back to East Third Street in downtown LA. 

South African gated communities socked for "draconian" practices

https://www.iol.co.za/sunday-tribune/news/gatedestates-a-victory-against-arrogant-draconian-rules-12065349

DURBAN - Property tycoon Niemesh Singh is prepared to fight the Mount Edgecombe Country Club Estate in the highest court should they appeal against a landmark high court judgment against gated estates.

On Friday, Singh successfully contested the “draconian rules”, including restrictions placed on the movement of domestic workers at the swish estate, in court this week. He said he was prepared for the “journey against arrogance”.

Residents were fined when their domestic workers were found walking on the pristine pathways, or when motorists failed to adhere to the 40km/h speed limit when driving on the estate’s roads.
--------------------------

Malaysian criminals operating from gated communities

http://www.themalaymailonline.com/malaysia/article/free-from-cops-criminals-now-running-business-from-gated-communities#FCDsJeOyw5lm9J73.97

JOHOR BARU, Nov 25 ― Datuk Nur Jazlan Mohamed revealed today that criminals are now operating from the safety of gated and guarded residential areas.
The deputy home minister said there have been cases of telephone scams, online gambling, human trafficking and also drug labs there since the police cannot go after them inside.

------------------


Wednesday, November 22, 2017

CondoGate: Is there a Scandal in your Community Association? - Realty Times

CondoGate: Is there a Scandal in your Community Association? - Realty Times

Attorney Benny Kass weighs in on a matter that people ask me about frequently.

Condos out, apartments in | Articles | News | OakPark.com

Condos out, apartments in | Articles | News | OakPark.com

"It was a golden age for condo conversions in the Chicago area in the 1980s and 90s, but the financial crash of 2008, changing demographics and a hot market for rental units has sent the pendulum swinging in the other direction. The real estate trend is now toward condo deconversions or bulk sales – where condo buildings are being converted back into rentals – also is taking place in Oak Park."

--------------
And in addition to a stronger market for rentals, the trend toward deconversion is driven by the failure of condo associations:  "The challenge we see now on the condo side are non-functioning condo associations," he said, adding that they often "don't have the money to pay for the work that's needed." Hess said CIC is in the early stages of determining whether to establish a fund to lend to these troubled condo associations."
Another interviewee, an attorney, pointed out other problems:  "Planek said tenants are steering away from condos in favor of rentals for a number of reasons: high taxes and assessments; increased desire for mobility; and lack of interest in being involved in condo associations."

Monday, November 20, 2017

Saudi Arabia Just Announced Plans to Build a Mega City That Will Cost $500 Billion - Bloomberg

Saudi Arabia Just Announced Plans to Build a Mega City That Will Cost $500 Billion - Bloomberg:



"Saudi Crown Prince Mohammed bin Salman announced plans to build a new city on the Red Sea coast, promising a lifestyle not available in today’s Saudi Arabia as he seeks to remake the kingdom in a time of dwindling resources. The prince said the city project, to be called “NEOM,” will operate independently from the “existing governmental framework” with investors consulted at every step during development. The project will be backed by more than $500 billion from the Saudi government, its sovereign wealth fund and local and international investors, according to a statement released on Tuesday at an international business conference in Riyadh."

---------

The Saudi government is trying to diversity their economy as they plan for a post-oil world. They are using a $2 trillion (!) sovereign wealth fund to get involved in many investments, including infrastructure projects all over the world. 

Friday, November 17, 2017

Local HOA finds large sum of unclaimed money, 10 News Find...

Local HOA finds large sum of unclaimed money, 10 News Find...:

"A Blacksburg homeowners association that has more than 100 members recently discovered it had a six-figure paycheck it never knew about."

-

It seems that a previous treasurer from ten years ago put stocks and CDs in a safe deposit box, then left, and nobody knew about it.

Fire, death leads to Bay Pointe HOA tussle in Mason with Rentz Management

Fire, death leads to Bay Pointe HOA tussle in Mason with Rentz Management:

I won't try to summarize this saga, but it is an awful story. A more accurate headline is in USA Today: "Phoenix condo owners fight $15,000 plus HOA assessments--and win."

Tuesday, November 14, 2017

The Remunicipalisation of Water Services in Paris, France - futurepolicy.org

The Remunicipalisation of Water Services in Paris, France - futurepolicy.org:



"On 24 November 2008, against exponentially rising water prices, a severe lack of transparency, and poor accountability, the City Council of Paris decided not to renew its municipal water supply contracts with the private companies Veolia and Suez (two of the French powerhouses in global water services), instead remunicipalising water to be under public control.  The production and supply of Paris’ water was unified under the public entity Eau de Paris, which assumed operations of the whole system from 2010 onwards. Despite the major financial, labour and logistical challenges that the city faced, the transition was managed on time with no difference in terms of service to the end user and impressive financial savings for the people of Paris, and surplus profits have been reinvested for the further development of the city’s water infrastructure. This policy has shown that remunicipalisation of water services can be successful on a grand scale."

Monday, November 13, 2017

Phoenix Landmark condo owners fight HOA assessments — and win

Phoenix Landmark condo owners fight HOA assessments — and win: "The HOA assessment for a new HVAC system would have cost each of them at least $15,000 per condo. Many other owners in the 236-condo high-rise said the same thing as Hardaway: They could not afford the assessment, and it could cost them their home."

-----------------

They got a judge to overturn the assessment, but this isn't over. Apparently the work still needs to be done. There is an ongoing issue of what work, how much, and how to pay for it. But it is yet another example of huge special assessments that seem to be more and more common.

Sunday, November 12, 2017

Op-Ed: New York Needs a New Deal - News | Planetizen

Op-Ed: New York Needs a New Deal - News | Planetizen

From water mains to public buildings, much of the infrastructure in use in the city today is 60-80 years old, Chaban explains. New York would need to spend $47 billion just to reach a state of good repair across the board, he writes, noting that "any major expansion or sweeping modernization would cost billions more."
-----------
The whole country is in a similar situation, especially every big city. We have two infrastructure crises--one is public and the other is private. The crisis of public infrastructure is well-documented, and people are trying to find ways to solve it. But there is a little-known crisis of private infrastructure. Some of that private infrastructure is in HOAs and condo associations, where there isn't enough money to repair or replace it. There are also some big privatized pieces of infrastructure, such as toll highways, bridges, and many other systems. They are in the hands of private corporations that, in most cases, leased it for 75-99 years. And when it starts to go bad, these corporations don't want to pay for it. They want to sell off their lease or go bankrupt. All this private infrastructure has to be maintained and eventually rebuilt. It seems to me that this crisis of private infrastructure is not being thought about or planned for. 

Friday, November 10, 2017

The Deep Question Behind Rand Paul's 'Trivial' Dispute - Bloomberg

The Deep Question Behind Rand Paul's 'Trivial' Dispute - Bloomberg: "If Skaggs is accurately representing the senator’s views (not to mention the cause of the dispute), Paul has a highly selective idea of property rights. His get-out-of-my-face version of libertarianism doesn’t seem to respect the crucially important freedom to make, and responsibility to respect, contracts.


Your property rights don’t give you the freedom to violate your homeowners association contract specifying how to maintain your lawn any more than my free-expression rights give me the freedom to violate the Bloomberg contract saying I can’t write for The Wall Street Journal. If you can’t live with the restrictions, you don’t sign the contract. And if your neighbor isn’t sticking to the rules, you don’t go after him with your fists. You take it up with the homeowners association -- that most local version of politics."

-------------------

The problem with this argument is that in most cases HOA and condo association buyers don't "sign" any contract to join the association. They just buy the home, and membership is automatic, so these associations are mandatory-membership organizations, not voluntary associations. It is increasingly common for buyers to find that all the good options are in private communities.The law uses a legal fiction to classify them as voluntary, but in fact that isn't completely true for many people.

Rand Paul may be one of those people who believes that he has the full bundle of property rights and can do whatever he chooses. But is it because he didn't know what he was getting into?  I doubt it. Rand Paul may be one of the few people who really did know and bargain for what he got, but who wants to act as he chooses. He isn't the average person. He is very rich and well educated and powerful. He can live wherever he chooses, and he built his own house in a gated community, where everybody is restricted. So if he wants his neighbors to be restricted, but doesn't want to be restricted himself, then there is a problem.

Then there is the supreme irony that he's a libertarian. Libertarians have been raving about how great HOAs are for the last fifty years. They love the idea that there is a "private" substitute for local governments. They think private, contract-based local government is utopia. 

So, even though I don't normally find that "freedom of choice" argument very persuasive, for somebody like Rand Paul, maybe it carries more weight.

Thursday, November 09, 2017

Atlas Shrubbed - POLITICO Magazine

Atlas Shrubbed - POLITICO Magazine:

I love this. Application of the libertarian's favorite, the Coase Theorem, to Rand Paul's leaf-blowing dispute with his neighbor.

Wednesday, November 08, 2017

America’s ‘Retail Apocalypse’ Is Really Just Beginning

America’s ‘Retail Apocalypse’ Is Really Just Beginning: "The root cause is that many of these long-standing chains are overloaded with debt—often from leveraged buyouts led by private equity firms. There are billions in borrowings on the balance sheets of troubled retailers, and sustaining that load is only going to become harder—even for healthy chains. The debt coming due, along with America’s over-stored suburbs and the continued gains of online shopping, has all the makings of a disaster. The spillover will likely flow far and wide across the U.S. economy. There will be displaced low-income workers, shrinking local tax bases and investor losses on stocks, bonds and real estate. If today is considered a retail apocalypse, then what’s coming next could truly be scary."

---------------------

They are talking about big retail chains with stores in cities all over the country that may close. For example, the map that goes with this story says that 26.8% of retail loans in Pittsburgh are delinquent. A number of big chains have filed for bankruptcy, including Toys R Us, Payless Shoes, Sports Authority, Radio Shack, and Circuit City.

Rand Paul not a perfect neighbor, developer says

Rand Paul not a perfect neighbor, developer says: "While there's no official word on what caused the fight, Skaggs suggested it might have stemmed from Paul allegedly blowing lawn trimmings into his neighbor's yard. 

There have been disagreements in the past, Skaggs said, over lawn clippings or who should cut down a tree branch when it stretched over a property line. The two men live on different streets but their lots join and their homes are 269 feet apart, according to Google Maps.

Skaggs described Boucher as a "near-perfect" neighbor, but he said the libertarian politician is a different story.

Paul "was probably the hardest person to encourage to follow the (homeowner's association regulations) of anyone out here because he has a strong belief in property rights," said Skaggs, who is the former chairman of the Warren County Republican Party. 

Skaggs noted the 13 pages of regulations are extensive. But even from the start of Paul's residence in Rivergreen, Skaggs said Paul has been difficult to work with. 

"The major problem was getting the house plans approved," Skaggs said. "He wanted to actually own the property rights and build any kind of house he wanted. He didn't end up doing that, but it was a struggle." "

----------------

There's irony for you. Libertarian writers have been waxing poetic about the virtues of homeowner associations and gated communities for decades. But here we have the most famous libertarian politician in the USA who apparently doesn't fully appreciate the nirvana of private rules that he has freely chosen, as they keep insisting. Thanks to Fred Pilot for the link.

Condo disputes can now be resolved online | Toronto Star

Condo disputes can now be resolved online | Toronto Star: "Ontario's 1.6 million condo residents have a new avenue for settling disputes in their buildings and neighbourhoods. Last week, the province launched its first online tribunal to help resolve the complaints that arise in 10,000 condo corporations.

The Condominium Authority Tribunal (CAT) provides direct access to mediators and adjudicators in a stepped process that begins with a $25 fee, although to start, it is only looking at issues related to accessing condo records."

-----------------------

There are so many condo disputes that treating them like other civil matters through the judicial system is prohibitively expensive. That's why there are so many proposals to send them off into some form of alternative dispute resolution. Putting the process online is a fairly dramatic step, it seems.