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

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

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

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

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

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

Durango area couple gives up catwalk fight - The Denver Post

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

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

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

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

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

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

Gwyneth Paltrow -- Gate Rights Advocate | TMZ.com

Gwyneth Paltrow -- Gate Rights Advocate | TMZ.com

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

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

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

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

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

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

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

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

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

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

The Housing Market Recovery Is ‘A Complete Hoax’ - Truthdig
"Homeownership is at its lowest level in 18 years, but housing prices are rising. Why? Because banks are creating real estate scarcity by buying up homes and selectively stalling foreclosures.

CounterPunch contributor Mike Whitneyreminds us that in recent years the Federal Reserve has kept lending rates low. This has allowed Private Equity firms to buy up lots of homes with money they have to pay very little to borrow. The result is the appearance that Americans are buying again. But as the homeownership rate shows, they’re not. Investors are, and this is keeping prices artificially high."

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Investors are buying condo units and single family homes and renting them out to people, many of whom have lost their homes to foreclosure. Are we headed toward being a nation of renters instead of homeowners?

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

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

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

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

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

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

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

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

S.A. homeowner says HOA sued him $200,000 over "ridiculous" violations | kens5.com San Antonio: Moore said he’s been cited for not cutting his grass enough, his blinds and even for a small cat door built into his garage 17 years ago.

“They (HOA) say it (cat door) diminishes the property value of this community,” said Moore.

After 2 years of disputing violations, Moore said he now owes the HOA more than $200,000 in penalties and more than $50,000 in attorney fees. Something he wants everyone to know.
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The community association industry bar hard at work ginning up frivolous fees and litigation.  Get a real job.

Daley joining law firm he previously hired for city's meter deal and other privatization work

Daley joining law firm he previously hired for city's meter deal and other privatization work
This is a blast from the past--almost a year ago--but it is such a great example of the shamelessness of politicians and the people who purchase them that I have to share it.

Palm v. Lake Shore Drive Condo Association: Access to records

www.state.il.us/court/opinions/SupremeCourt/2013/110505.pdf

Chicago has an access to records ordinance that is broader than what is granted either in the Illinois Condominium Property Act or the Illinois Not for Profit Corporations Act.  Does Chicago's home rule power allow this, or is its owner-friendly ordinance pre-empted by either or both of the state laws?  Answer, from the Illinois Supreme Court: the Chicago ordinance is valid.  A big victory for condo owners in the city of Chicago.

I was asked by a real estate lawyer if this would lead to "fishing expeditions" by owners, to which I replied as follows: I don't think fishing expeditions by owners will be a significant problem. People aren't interested in wasting their own time reading these records. They normally ask only when they have real questions.  The much larger problem is the standard practice by property managers, lawyers, and condo boards of stonewalling owners who want to see how their money is being spent.  These statutes and ordinances were enacted because denial of access is so common, and so members can keep their boards and professionals in check. There is no other meaningful oversight of condo associations in the state of Illinois. Hundreds of associations in the city of Chicago have become or are becoming insolvent and defunct. Community Investment Corporation has taken over and de-converted over a hundred already with many more in the pipeline under the Distressed Condominium Property Act.  Hundreds of others are running with inadequate reserves, or have sweetheart deals for services that involve nepotism, self-dealing, or outright kickbacks, and even deliberate fraud and embezzlement. Right now, the state of Illinois doesn't even know how many associations there are in the state.  Owners need quick and easy access to records and these attorney fee provisions are the only way to do it.

Jury convicts Ill. official of lying about water - Houston Chronicle

Jury convicts Ill. official of lying about water - Houston Chronicle
CHICAGO (AP) — A one-time suburban Chicago official was convicted Monday of lying for decades about drawing water for residents from a well tainted by a cancer-causing chemical...Officials drew the tainted water until 2008 even after environmental officials warned in the mid-1980s that cancer-causing chemicals had oozed into the well, prosecutors have said.
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This trial has been going on for a while. She claims she is just the scapegoat, and that higher officials knew about the well water but continued mixing it with good Lake Michigan water in order to keep water rates down and enhance their own popularity.

Residents want state or county to take over Santa Teresa... | www.kfoxtv.com

Residents want state or county to take over Santa Teresa... | www.kfoxtv.com: About 130 residents met on April 25 in an attempt to get answers and some sort of resolution to what residents calls a deteriorating property. Homeowners want the state or county to take the country club over.

However, homeowners said they were told they could not help take over the property until things likely worsened.
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An HOA petitions for deprivatization to solve its financial woes.

Rockdale Citizen | Rob Jenkins: Hey, teacher, my HOA is bullying me again

Rockdale Citizen | Rob Jenkins: Hey, teacher, my HOA is bullying me again: My point is that some of our worst bullies these days are not young children or even teenagers but rather adults who should know better. And this is true not only in our schools but in every walk of life. Give certain people a little bit of power, and they're apt to exercise it unjustly.

Ironically, that tends to be especially true in situations where the stakes aren't particularly high -- like a neighborhood homeowners' association. In my experience, few organizations offer more or better opportunities for people to bully others, if they're so inclined.
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Some readers of this blog would agree with the premise but not with the qualifier that the stakes aren't particularly high.

Florida House unanimously approves HOA legislation 37-0

House unanimously approves HOA legislation 37-0 | News - Home:
"The Florida House unanimously approved new home owners association reform legislation by a vote of 37-0 Friday sending what advocates are calling “much needed consumer protection” to Governor Rick Scott’s desk for his signature...The bill holds HOA directors and board members accountable and calls for direct reporting to the Dept. Of Business and Professional Regulation (DBPR) in Tallahassee."

Dan Ariely's Battle Plan for a Condo's Dog Wars | Ask Ariely - WSJ.com

Dan Ariely's Battle Plan for a Condo's Dog Wars | Ask Ariely - WSJ.com:
Here's an imaginative solution to the problem of people not cleaning up after their dogs: "What if the condo management put money in a community fund to pay for a droppings-cleaner, as needed, and used whatever was left at the end of the month for a get-together for all dog owners and their dogs? If lots of money remained each month, the party would include food, drinks and doggy treats; if there was no money, it would just be water. This way, failing to clean up after the dogs would damage the community—the personal and social cost of these actions would increase—and people would be more careful."

Housing board files suit against couple who rented Central Park condo to tourists - NY Daily News

Housing board files suit against couple who rented Central Park condo to tourists - NY Daily News:
"Jodi and Gavin Samuels allegedly rented out their condo on Central Park West to tourists for $250 a night. The building's housing board says the Samuels violated bylaws and want them to pay $500 for each offense."

Illinois General Assembly - Bill Status for HB1293

Illinois General Assembly - Bill Status for HB1293
Here's a link to the Condominium Ombudsman Act page.