Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Friday, July 23, 2010
Ohio.com - Judge: Ohio man can't form own Indian reservation
A judge told William Bowersock on Thursday that he has 30 days to take care of the properties in Lima (LY'-muh).
The judge rejected Bowersock's argument that he had seceded from the local government and formed his own Indian reservation, thereby making him exempt from the city's property code.
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Obviously he should have formed a one-man HOA instead.
Thursday, July 22, 2010
Man Pulled Gun On Condo Tenant In Shower
Wednesday, July 21, 2010
Johnson battles homeowner's association in court
In court papers filed in Prince George's County District Court, the Kettering Community Association is asking for about $1,500 in late assessments and legal fees.
"We had this house for 30 years, paid our dues consistently for 30 years," Johnson said in an interview Friday. "They claim we didn't pay. ... It's only $150 (per year). The next thing I know I get a bill for $1,800 or more ... and [got a notice] they are going to foreclose on my house [from] some lawyer. I got pretty mad. I hired a lawyer representing me. ...
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Mr Johnson says: "There's a pattern that's been really frustrating for us," he said. "You have these developers that come in and they build condominium associations and homeowners associations, but the way the bylaws are drafted, the citizens of Prince George's County never take control over their own communities."
Oh, Mr Johnson, I think the problem is much bigger than that!
Two bodies found in S.W. Reno house that burned after reported explosion
Deputies with the Washoe County Sheriff's Office had attempted to serve an eviction at the home, which was under foreclosure, on Tuesday at about 10:40 a.m. They said they knocked and identified themselves, then heard what sounded like gunfire or an explosion and took cover.
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Thanks to a a friend who alerted me to the story.
No word on whether this was a bank or an HOA foreclosure. Regardless, this is not the first time a homeowner has has self immolated in a burning house they were about to be evicted from. I sometimes think we are a little too cavalier about kicking people out of their own homes in this country.
Tuesday, July 20, 2010
Petition seeks to have wolves howl across US
Those wild canines better not howl too close to any exurban HOAs or they may find the HOA will send out the exterminators.
Money missing from St. James HOA leads to embezzlement charge for employee
Carolina Beach woman charged with embezzling $30,000A Carolina Beach woman has been charged with embezzling about $30,000 from homeowners associations
Michelle Lynn Bowman, 42, of 300 The Cape Boulevard, was arrested June 28 after turning herself in to Carolina Beach police. She is still being held in New Hanover County jail in lieu of $40,100 bond, according to jail officials.
She is accused of using identification numbers from four homeowners associations to get bank cards and withdraw cash, said Lt. Bill Goodson of the Carolina Beach Police Department.
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Thanks to Cynthia Stephens for this story. I wonder how much money is missing from communal coffers in America's hundreds of thousands of residental associations?
Sunday, July 18, 2010
California political paradox unveils underlying tension between voters, interest groups
Voters in effect are saying we want new blood and someone not beholden to special interest groups, but we'll elect incumbents over non-incumbents since special interest groups get the incumbents' name out there more than their relatively unknown challengers. The real fight isn't over who gets elected, but between the voters and special interest groups.
The explosion of the Internet, which is already blowing a huge hole in the business models of the mass media, could change the equation. Folks running for office -- particularly in large, populous states like California -- have to raise gobs of money in order to buy political ads from mass media outlets. However, if more voters already sick of junior high school level attack ads decide to ignore them and visit candidates' websites instead, the balance of power is shifted between them and the special interest groups that fund candidates' high priced TV spots.
Saturday, July 17, 2010
At Mass this morning, there was a reading from Micah, II,1-3
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"Shame on those who lie in bed planning evil and wicked deeds and rise at daybreak to do them, knowing that they have the power!
They covet land and take it by force; if they want a house they seize it; they rob a man of his home and steal every man's inheritance.
Therefore these are the words of the Lord:
Listen, for this whole brood I am planning disaster...
Goodness! I didn't know the CAI-HOA was active then, too!
Texas HOA property owners outraged over lack of transparency, questionable expenditures
"People are outraged," exclaimed Peggy Sue Wilson-Schmueckle. She’s the homeowner leading the fight to rid the association of what she calls gross mismanagement of funds by the board. “Once we uncovered it and did an audit, people were very outraged. They want them [the current board] to resign.”
The information we uncovered explain why the homeowners are so bent out of shape. Records detail board meetings at nice restaurants; meetings that were not open to the public. We also found a document showing a $4,200 expense paid to the board president's son-in-law for brush work he did in the neighborhood. Additional records showed the HOA donated thousands of dollars to random charities. The HOA even gave more than $1,300 to a group of HOA lawyers to help them lobby the legislature.
Florida HOA threatens $100 a day fine for unapproved shade of mulch
Lynn tells me that her problems began when the Association made it known it was displeased that home’s mulch had thinned out too much and needed replacing. To appease the board, Lynn and her husband added new match, but apparently the golden shade of mulch the couple chose was not in accordance with what the Association wants. Thus the ultimatum: Put in new mulch or pay $100 a day until you do.
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As the owner of this blog has noted, there seems to be no limit to how frivolous HOAs can be.
Friday, July 16, 2010
Homeowners Associations Get Nasty: Foreclose or Sue to Collect Dues
Texas State Sen. John Carona (R-Dallas), who serves as president of a huge national realty property management firm with $400 million revenue, says the Texas law that permits HOAs to foreclose should not be changed. Tweaked, but not changed. When you sign for your mortgage, he said, you also sign and legally agree to be a part of the homeowners association. That's fair -- you are duly warned and don't have to buy the property if you don't like the association's terms (my words). He advises buyers to read HOA rules carefully before buying. Seek counsel, if necessary. He also says that homeowners who don't pay their share of homeowners association dues force a hardship on other homeowners in the neighborhood, who often have to kick in more for expenses.
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Life is so simple, "if you don't like it, move" or better yet, "Don't live there". If you sign your mortgage docs, you agree to be abused, fined, have your water turned off, get evicted from your own home.
And you thought the IRS was the most hated entity in the country.
Ah yes, more happy homeowners Zogby missed - this time around.
Thursday, July 15, 2010
Sailor faces fine for leasing condo
But when the Navy transferred the helicopter pilot to Florida, he started leasing his home to someone else to help pay for the mortgage. He asked his homeowner's association for permission
"They decided unanimously to vote no," said Mike Lukaszonas, "and the reason was never cited in the letter. They just said denied."
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Another genius board at work here.
I wonder if Zogby ever talked to anyone in this haven of happy homeowners?
Power company tells customer she is dead
VIENNA (Reuters) – An Austrian woman has had to convince her electricity supplier that she is alive after the company wrote to her asking for information about her contract following her "passing away."
In a personally addressed letter, the Linz-based company said it had heard of her death through her bank, daily Oesterreich reported on Thursday.
"I am not the dead one," 58-year-old Christine R. wrote back in a fax and email to the company, explaining that it was her neighbor who had died and she was the custodian. She eventually went to the customer center in person to prove her existence.
The Next Foreclosure Fight
http://www.cnbc.com/id/15840232?play=1&video=1544519000
HOA Turns Off Marietta Woman's Water
Burgess' attorney said if the Magnolia Lane HOA accepted Burgess' offer last year, she would've shaved close to $3,000 off her debt, but now she's added another $3,000.
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They're all heart, these HOAs, aren't they? They won't work with her and instead of making it easy, they just make it harder for her.
Here is another happy homeowner Zogby missed. An "isolated incident"? I think not.
Wednesday, July 14, 2010
On the front lines in Vegas: Economic firefight erupts from residential real estate crash
The upshot is if REOs aren't maintained and the fines rapidly accumulate into big liens, the properties could ultimately become worthless since the cost to acquire them with the county and/or HOA liens tacked on could reach an appreciable fraction of their already depressed market value.
This is a real economic firefight arising out of the residential real estate crash that could end up with no winners and plenty of casualties. The owners of the REOs would lose and so would Clark County and HOAs with their jurisdictions littered with unmarketable, dilapidated properties.
Mamas don't let your babies grow up to buy condos
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Sounds like something out of a Joe Bob Briggs drive in movie review that might read as follows: Pool filled with green goop. Rats in the attic. Indoor rainfall. Condo fu. Film at 11 on WFTV channel 9. Three stars. Joe Bob says check it out.
Tuesday, July 13, 2010
Blagojevich: Musings of ex-governor included Bleep the public, Oprah for senator
CHICAGO -- Former Illinois governor Rod Blagojevich may or may not have broken the law, but he sure did hate his job. He reviled his political enemies, mocked many of the candidates for a vacant U.S. Senate seat and disparaged the voters who failed to appreciate his talents.
"Only 13 percent of you all out there think I'm doing a good job. So [expletive] all of you," the salty-tongued Blagojevich (D), referring to poll numbers, said in a secretly taped conversation played at his federal corruption trial.
By the time Democrat Barack Obama had won the White House in 2008, the two-term governor was deeply in debt and obsessed with finding a new job that paid well. He spent as few as two hours a week in the office, sometimes hiding in the restroom to avoid his budget director.
Sunday, July 11, 2010
Economists see U.S. recovery weakening: survey
WASHINGTON (Reuters) – The U.S. economy will lose steam as the year progresses but will not slide back into recession, even though unemployment is unlikely to fall significantly, according to a survey released on Saturday.
The Blue Chip Economic Indicators survey of private forecasters found analysts increasingly glum about the outlook. They now see the economy expanding just 3.1 percent in 2010, down from 3.3 percent in the June poll.
They do not, however, envisage a renewed period of contraction, which has been widely debated in financial markets in recent weeks.
"Our panelists think talk of a double-dip recession is overblown absent a new, major shock," the group said in its report.
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One of the more significant parts of this economic story is near the end:
Along with more moderate growth, inflation is expected to remain extremely tame. Forecasters are looking for a 0.9 percent increase in prices for 2010 as a whole, the smallest rise since 1950.
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Unlike in an inflationary economy where people accelerate buying decisions in the hope of beating price increases, in a deflationary economy these decisions are delayed with the expectation that prices will decline and a better deal can be had simply by waiting. With consumers tapped out of credit and many unemployed, waiting becomes far easier. That of course retards economic growth, stalling a speedy recovery.
The last time the economy was tanked by speculation and excess leverage was in the Great Depression of the 1930s. It lasted about ten years. We are in a similar situation today. The decade of 2010-20 could end up as a deflationary “lost” decade that people endure and muddle through until a more sustainable socio-economic environment emerges. The deflationary decade may in retrospect mark the death of an economy driven by excess consumerism, speculation and leverage, a passing necessary to make way for the birth of a new and more sustainable economy.