Homeowners file lawsuit over odor from portable toilet facility | KOMO: "PACIFIC, Wash. -- Some homeowners in Pacific are pursuing legal action to try to stop the stink that sometimes fills the air around their homes, they said. They claim Northwest Cascade, Inc., a nearby company that cleans and stores portable toilets, is to blame."
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They "claim"?? How could that be in dispute, considering that the company cleans and stores porta-potties?
Evan McKenzie on the rise of private urban governance and the law of homeowner and condominium associations. Contact me at ecmlaw@gmail.com
Wednesday, September 20, 2017
HOA, Sun City Grand residents clash over painted driveway borders
HOA, Sun City Grand residents clash over painted driveway borders:
People have been painting their driveway borders for years, and now suddenly the world will come to an end unless they paint over it the same uniform shade of grayish beige. Because everybody knows that nobody wants to buy a house unless it has a grayish beige driveway.
People have been painting their driveway borders for years, and now suddenly the world will come to an end unless they paint over it the same uniform shade of grayish beige. Because everybody knows that nobody wants to buy a house unless it has a grayish beige driveway.
Sunday, September 17, 2017
Friday, September 15, 2017
Researchers Are Mapping the Racist Foundations of Minneapolis Housing Patterns – Next City
Researchers Are Mapping the Racist Foundations of Minneapolis Housing Patterns – Next City: "...a group of researchers working out of Augsburg University in Minneapolis is taking on a less visible legacy: thousands of racially restrictive covenants in house deeds buried in the city’s property records.
Their project is called Mapping Prejudice. Their goal is to find every single racially restrictive covenant — a now-illegal type of deed restriction that prevented the sale of a home to a black person or, in some cases, anyone other than a white person — and plot them on a map of Minneapolis. The early results show, not too surprisingly, that the neighborhoods where racial covenants were clustered in the early part of the 20th century are still some of the city’s whitest."
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The early history of homeowners' associations was mainly about enforcing race restrictive covenants. These covenants created patterns of racial segregation that are still with us today in many cities.
'via Blog this'
Their project is called Mapping Prejudice. Their goal is to find every single racially restrictive covenant — a now-illegal type of deed restriction that prevented the sale of a home to a black person or, in some cases, anyone other than a white person — and plot them on a map of Minneapolis. The early results show, not too surprisingly, that the neighborhoods where racial covenants were clustered in the early part of the 20th century are still some of the city’s whitest."
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The early history of homeowners' associations was mainly about enforcing race restrictive covenants. These covenants created patterns of racial segregation that are still with us today in many cities.
'via Blog this'
California's housing costs are driving its citizens into poverty. Lawmakers need to act now - LA Times
California's housing costs are driving its citizens into poverty. Lawmakers need to act now - LA Times
"Annual data released this week again confirm that when housing costs and other living expenses are figured in, California has the nation’s highest poverty rate. One in five Californians lives in poverty. Why? Because the staggering cost of paying for a roof over one’s head has left people struggling to survive."
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And this opinion piece is based on this story.
"Annual data released this week again confirm that when housing costs and other living expenses are figured in, California has the nation’s highest poverty rate. One in five Californians lives in poverty. Why? Because the staggering cost of paying for a roof over one’s head has left people struggling to survive."
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And this opinion piece is based on this story.
Homeowners association settles lawsuit against Loveland couple that built critical sign in front yard - Loveland Reporter-Herald
Homeowners association settles lawsuit against Loveland couple that built critical sign in front yard - Loveland Reporter-Herald
"A Loveland man removed a controversial sign from his front yard Thursday more than a month after he constructed the billboard to criticize his neighborhood's homeowners association.
"A Loveland man removed a controversial sign from his front yard Thursday more than a month after he constructed the billboard to criticize his neighborhood's homeowners association.
But Rich Stephens, the resident, did so with a promise from the Alford Meadows Community Association that it would never again harass him over a wooden pallet painted to resemble a colonial American flag hanging from the side of his house on the corner of West 50th Street and Crabapple Drive."
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First came the wooden colonial flag, then a giant sign warning people about the HOA. But now all is settled.
Thursday, September 14, 2017
Arizona HOAs foreclosing on a record number of homeowners
Arizona HOAs foreclosing on a record number of homeowners: "Homeowners associations, the enforcers of neighborhood paint colors, holiday decorations and trash bins, are leading the latest surge in Phoenix-area foreclosures. HOAs are foreclosing on a record number of homeowners for as little as $1,200 in missed maintenance payments, according to an Arizona Republic investigation. And homeowners who thought only their mortgage lender could seize property are losing their houses at sheriff’s auctions, sometimes for just $100 more than they owe..Arizona allows an HOA to foreclose after a year of missed payments or a debt of $1200. But when HOAs add legal fees and interest to late payments, the debt can more than quadruple in a year."
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Yes, here we go again. For years after the 2007-08 crash in property values, HOAs and condo associations often decided not to foreclose because the units were underwater and there wouldn't be any equity left after the HOA foreclosure triggered the mortgagee (bank) to get into the act and take what was owed on the mortgage. Some states have a limited "super-priority lien" for some amount of overdue assessments, but the big payoffs, including hefty attorney fees, were not there because you can't get blood from a turnip. But now, housing values have come back in many markets, so HOAs are back in the foreclosure business.
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Yes, here we go again. For years after the 2007-08 crash in property values, HOAs and condo associations often decided not to foreclose because the units were underwater and there wouldn't be any equity left after the HOA foreclosure triggered the mortgagee (bank) to get into the act and take what was owed on the mortgage. Some states have a limited "super-priority lien" for some amount of overdue assessments, but the big payoffs, including hefty attorney fees, were not there because you can't get blood from a turnip. But now, housing values have come back in many markets, so HOAs are back in the foreclosure business.
Woodson: 'I'm not spending taxpayer money on private roads' | Riverhead News Review
Woodson: 'I'm not spending taxpayer money on private roads' | Riverhead News Review
And that is the answer that HOA residents should expect to hear for the next 20 years, as their private streets wear out and they realize to their horror that they don't have the money to repair them, and turn to the "gubmint" to bail them out. In this case, they turned to the courts:
"Last fall, the Oak Hills Association filed a lawsuit against the town, seeking to have a state Supreme Court judge require it to provide all highway services to the neighborhood, which has 85 homes and 11 roads. That lawsuit, which named both the Town Board and Mr. Woodson is defendants, is still pending and board members said settlement discussions have taken place."
And that is the answer that HOA residents should expect to hear for the next 20 years, as their private streets wear out and they realize to their horror that they don't have the money to repair them, and turn to the "gubmint" to bail them out. In this case, they turned to the courts:
"Last fall, the Oak Hills Association filed a lawsuit against the town, seeking to have a state Supreme Court judge require it to provide all highway services to the neighborhood, which has 85 homes and 11 roads. That lawsuit, which named both the Town Board and Mr. Woodson is defendants, is still pending and board members said settlement discussions have taken place."
The world’s largest car market just announced an imminent end to gas and diesel cars - Vox
The world’s largest car market just announced an imminent end to gas and diesel cars - Vox
China, India, and Europe are getting rid of gas and diesel vehicles much faster than most Americans realize. It will happen here, eventually, but the US is lagging behind the rest of the developed world in most important industrial and technological developments. Other nations are taking over the markets of the future and developing the technologies that will be at the heart of the economy in the near future. How about this sentence: "In most big markets outside the US, EVs are the hot thing"? Here's another: "In July, Volvo announced that all its models introduced in 2019 and after would be hybrid or electric." Yes, electric cars are "the hot thing" everywhere except here, where Americans are still salivating over V-8 pickup trucks and the national government is run by a party that denies the existence of global warming because they are on the take from the oil industry. And it isn't just that the switch to electric. At the same time, cars are going driverless, and the Chinese are trying to beat us to the market with this technology. The implications for the housing market of the transportation revolution that is happening everywhere but here are pretty dramatic.
China, India, and Europe are getting rid of gas and diesel vehicles much faster than most Americans realize. It will happen here, eventually, but the US is lagging behind the rest of the developed world in most important industrial and technological developments. Other nations are taking over the markets of the future and developing the technologies that will be at the heart of the economy in the near future. How about this sentence: "In most big markets outside the US, EVs are the hot thing"? Here's another: "In July, Volvo announced that all its models introduced in 2019 and after would be hybrid or electric." Yes, electric cars are "the hot thing" everywhere except here, where Americans are still salivating over V-8 pickup trucks and the national government is run by a party that denies the existence of global warming because they are on the take from the oil industry. And it isn't just that the switch to electric. At the same time, cars are going driverless, and the Chinese are trying to beat us to the market with this technology. The implications for the housing market of the transportation revolution that is happening everywhere but here are pretty dramatic.
Wednesday, September 13, 2017
Rich SF Homeowners Prepare For Legal Battle Against Asian Couple That Owns Their Street
Rich SF Homeowners Prepare For Legal Battle Against Asian Couple That Owns Their Street:
More from the Presidio Terrace conflict. Both sides have lawyered up and the Presidio Terrace HOA has hired former city attorneys. The owners aren't worried, though: "While the homeowners are trying their best to persuade supervisors into scraping the tax auction, the street’s new owners Michael Cheng and Tina Lam aren’t too worried. Cheng revealed that the supervisors haven’t mentioned anything about revoking the tax sale so he’s confident that they’re “on sound legal footing.”
More from the Presidio Terrace conflict. Both sides have lawyered up and the Presidio Terrace HOA has hired former city attorneys. The owners aren't worried, though: "While the homeowners are trying their best to persuade supervisors into scraping the tax auction, the street’s new owners Michael Cheng and Tina Lam aren’t too worried. Cheng revealed that the supervisors haven’t mentioned anything about revoking the tax sale so he’s confident that they’re “on sound legal footing.”
Tuesday, September 12, 2017
The Commons — Nightingale Housing
The Commons — Nightingale Housing:
Last week I spoke at a conference in Australia where the developers of this project, The Commons, told us about it. Amazing in many ways. No car parking, for example. Why waste money building an underground garage when in five years people will not need parking, because they will get around in driverless electric cars that are shared and park themselves elsewhere after they drop you off at home or work?
Last week I spoke at a conference in Australia where the developers of this project, The Commons, told us about it. Amazing in many ways. No car parking, for example. Why waste money building an underground garage when in five years people will not need parking, because they will get around in driverless electric cars that are shared and park themselves elsewhere after they drop you off at home or work?
Monday, September 11, 2017
Transitioning Building Design to a Future of Compact, Driverless Cars - Urban Land Magazine
Transitioning Building Design to a Future of Compact, Driverless Cars - Urban Land Magazine:
"As soon as 2030, the trend toward fewer and smaller cars will mean a reduced need for wide roads and parking, reshaping cities and how people interact. At least that is how Ross Conway, design director and principal at Gensler, an architecture firm, conceives the future. Conway was one of several speakers at a recent parking symposium in Arlington, Texas, sponsored by several groups, including ULI North Texas."
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The only thing I disagree with here is, "as soon as 2030." This is happening right now. There are already condominium units being sold in buildings that are designed without parking lots because developers know that in five years--not 13--most of the residents won't own cars, and those that do will own driverless electric cars that drop them off at home and then drive off to park themselves in a big lot away from from prime real estate. That is, they will park themselves when they aren't off Ubering around making money for the owner.
"As soon as 2030, the trend toward fewer and smaller cars will mean a reduced need for wide roads and parking, reshaping cities and how people interact. At least that is how Ross Conway, design director and principal at Gensler, an architecture firm, conceives the future. Conway was one of several speakers at a recent parking symposium in Arlington, Texas, sponsored by several groups, including ULI North Texas."
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The only thing I disagree with here is, "as soon as 2030." This is happening right now. There are already condominium units being sold in buildings that are designed without parking lots because developers know that in five years--not 13--most of the residents won't own cars, and those that do will own driverless electric cars that drop them off at home and then drive off to park themselves in a big lot away from from prime real estate. That is, they will park themselves when they aren't off Ubering around making money for the owner.
Wednesday, August 30, 2017
How ‘oyster condos’ helped save a Maine town’s shellfish legacy — Business — Bangor Daily News — BDN Maine
How ‘oyster condos’ helped save a Maine town’s shellfish legacy — Business — Bangor Daily News — BDN Maine:
It's true. Condos are better:
"Following the growth rates of oysters in each environment, they determined that oysters in floating “oyster condos” — black, floating cages — grew faster."
It's true. Condos are better:
"Following the growth rates of oysters in each environment, they determined that oysters in floating “oyster condos” — black, floating cages — grew faster."
Monday, August 07, 2017
Couple buys private Presidio Terrace road in San Francisco for $90,000 in auction | The Sacramento Bee
Couple buys private Presidio Terrace road in San Francisco for $90,000 in auction | The Sacramento Bee
"It turns out the homeowners association for Presidio Terrace failed to pay a $14-a-year property tax, something that owners of all 181 private streets in San Francisco must do. So the city’s tax office put the property up for sale at the cost of $994 in an online auction to regain unpaid back taxes, penalties and interest. The couple eventually won the street with a $90,100 bid, outlasting several other bidders. Scott Emblidge, the attorney for the Presidio Homeowners Association, said in a letter to the city that the owners failed to pay because the tax bill was being sent to the address of an accountant who hadn’t worked for the homeowners association since the 1980s. Now the couple, who purchased the road in April 2015, are aiming to cash in. “We could charge a reasonable rent on it,” Cheng said, adding he and his wife could stand to profit from the 120 parking spaces on the street.
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What a delightful story. This couple is going to charge rich people to park on their own street. Unless they would prefer that the couple rent spaces on the street to the peasantry.
"It turns out the homeowners association for Presidio Terrace failed to pay a $14-a-year property tax, something that owners of all 181 private streets in San Francisco must do. So the city’s tax office put the property up for sale at the cost of $994 in an online auction to regain unpaid back taxes, penalties and interest. The couple eventually won the street with a $90,100 bid, outlasting several other bidders. Scott Emblidge, the attorney for the Presidio Homeowners Association, said in a letter to the city that the owners failed to pay because the tax bill was being sent to the address of an accountant who hadn’t worked for the homeowners association since the 1980s. Now the couple, who purchased the road in April 2015, are aiming to cash in. “We could charge a reasonable rent on it,” Cheng said, adding he and his wife could stand to profit from the 120 parking spaces on the street.
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What a delightful story. This couple is going to charge rich people to park on their own street. Unless they would prefer that the couple rent spaces on the street to the peasantry.
Wednesday, July 26, 2017
Indiana Homeowners say state can't do enough about HOAs - TheIndyChannel.com Indianapolis, IN
Homeowners say state can't do enough about HOAs - TheIndyChannel.com Indianapolis, IN
I'd say the word "enough" could safely be replaced with the word "anything" in Indiana.
I'd say the word "enough" could safely be replaced with the word "anything" in Indiana.
Defamation in Condos: An Update | Michelle Kelly's Condo Law Blog
Defamation in Condos: An Update | Michelle Kelly's Condo Law Blog
From Canada:
"There has been a lot of talk this week about defamation in condos. Most of the interest comes from a decision released in Ottawa last week. A judge has ordered Yahoo! and Yahoo! Canada to disclose information that a condominium needs to determine the identity of a person responsible for sending defamatory emails to its owners and residents. The emails apparently accused the directors of receiving kickbacks."
From Canada:
"There has been a lot of talk this week about defamation in condos. Most of the interest comes from a decision released in Ottawa last week. A judge has ordered Yahoo! and Yahoo! Canada to disclose information that a condominium needs to determine the identity of a person responsible for sending defamatory emails to its owners and residents. The emails apparently accused the directors of receiving kickbacks."
Monday, July 17, 2017
Public Transit, Privatization and the Canada Infrastructure Bank | Global Research - Centre for Research on Globalization
Public Transit, Privatization and the Canada Infrastructure Bank | Global Research - Centre for Research on Globalization:
From Canada:
"The Canada Infrastructure Bank (CIB) will create a pipeline of privatization for our public transit systems. Corporations will be able to extract long-term profit from public transit fares and public subsidies. Our governments subsidize public transit because it’s critical infrastructure for our communities: to get us from place to place, to reduce traffic congestion, and to green our environment. When we allow corporations to plan, finance, operate, maintain and own public transit, we funnel ridership fares and government funding into corporate coffers. The CIB will give unprecedented control and decision-making power over our public transit infrastructure to private sector investors. This means the public interest will take a back seat in transit planning and development. Many of our public transit systems in recent years have been built using public-private partnerships (P3s). The CIB will open the door to even further privatization, allowing profit to drive public transit planning and decision-making."
From Canada:
"The Canada Infrastructure Bank (CIB) will create a pipeline of privatization for our public transit systems. Corporations will be able to extract long-term profit from public transit fares and public subsidies. Our governments subsidize public transit because it’s critical infrastructure for our communities: to get us from place to place, to reduce traffic congestion, and to green our environment. When we allow corporations to plan, finance, operate, maintain and own public transit, we funnel ridership fares and government funding into corporate coffers. The CIB will give unprecedented control and decision-making power over our public transit infrastructure to private sector investors. This means the public interest will take a back seat in transit planning and development. Many of our public transit systems in recent years have been built using public-private partnerships (P3s). The CIB will open the door to even further privatization, allowing profit to drive public transit planning and decision-making."
Privatization Is Changing America's Relationship With Its Physical Stuff - The Atlantic
Privatization Is Changing America's Relationship With Its Physical Stuff - The Atlantic:
"Whether it’s P3s, or the outright privatization of public assets, as Trump suggests doing with the air-traffic control system, cautionary tales abound. Many experts cite the case of Chicago, which sold off its parking meters to a consortium headed by Morgan Stanley and including the government of Dubai. The consortium paid the city $1.1 billion. The Chicago Sun-Times estimated that the consortium will earn back its investment from meter revenue three years from now, but the deal runs for another 60 years. So Morgan Stanley, Dubai, and the other partners will pocket millions every year ($156 million in 2015) from Chicago parkers. Meanwhile, the city has to pay the consortium every time it takes a meter out of service—during a street fair, for example. As The New York Times explored last December, cities can be blindsided by such deals, especially if a private owner raises the price, for example, of using its water system in order to provide a profit to investors."
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There are many situations in which municipalities have made terrible privatization deals brokered by investment bankers and funded by some shadowy sovereign wealth fund or private equity combine.
"Whether it’s P3s, or the outright privatization of public assets, as Trump suggests doing with the air-traffic control system, cautionary tales abound. Many experts cite the case of Chicago, which sold off its parking meters to a consortium headed by Morgan Stanley and including the government of Dubai. The consortium paid the city $1.1 billion. The Chicago Sun-Times estimated that the consortium will earn back its investment from meter revenue three years from now, but the deal runs for another 60 years. So Morgan Stanley, Dubai, and the other partners will pocket millions every year ($156 million in 2015) from Chicago parkers. Meanwhile, the city has to pay the consortium every time it takes a meter out of service—during a street fair, for example. As The New York Times explored last December, cities can be blindsided by such deals, especially if a private owner raises the price, for example, of using its water system in order to provide a profit to investors."
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There are many situations in which municipalities have made terrible privatization deals brokered by investment bankers and funded by some shadowy sovereign wealth fund or private equity combine.
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