In Vegas, Romney outlines plan to ‘reignite the housing economy’: LAS VEGAS — Mitt Romney said Friday that he would roll back bank regulations as part of his plan to “reignite the housing economy” in this state, which has been hit particularly hard by the housing meltdown.
Romney, who has faced calls to lay out more specific policy details, said during a rally at the University of Nevada, Las Vegas that the key is to get credit flowing again and start selling houses.
“Now, there are also some things we have to do to make housing work right here in Nevada. We have to reignite the housing economy here so that home values start going up again.
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Creating another asset bubble in housing isn't going to revive the economy and create true, sustainable economic health. Only increased confidence that's widely diversified throughout the economy can do that.
Saturday, September 22, 2012
Class action lawsuit filed by AZ homeowners against management companies
The Law Offices of
J. Roger Wood, PLLC 1628 East Southern Avenue, Suite 9-310 - Tempe, Arizona 85282
- Putting the “H” Back in HOA: Advice and Litigation for Arizona Homeowners -
For Immediate Release
Class Action Lawsuit Filed by Arizona Homeowners Against
Arizona HOA Management Companies Alleging Millions of Dollars of Damages for
Violations of Federal Debt Collection Laws and Arizona Law
(Phoenix, Arizona - September 20, 2012) - Two Arizona homeowners, have filed a class action lawsuit
against twenty-seven Arizona community association management companies (“CAMs”).
There are thousands of Homeowners Associations and Condominium Associations in Arizona. A
majority of those HOAs contract with management companies to assist the HOA and its Board with the
day to day operations of the Association. In addition to the every day tasks, some Arizona CAMs also
have made agreements to assist HOAs in collecting past due homeowner assessments.
The complaint alleges that these CAMs, acting as third-party debt collectors, have engaged in unlawful
activities in their attempts to collect past due assessments from Arizona homeowners. The plaintiffs
allege that the CAMs have and continue to pursue Arizona homeowners by charging collection costs
and related fees that are not authorized by law. Public court and county property records show that
CAMs have wrongfully filed and recorded thousands of liens, lawsuits and judgments in violation of the
federal Arizona Court Rules, the federal Fair Debt Collections Practices Act, the Arizona Constitution
and Arizona’s wrongful lien laws.
The plaintiffs allege that the CAMs’ collection activities violate Arizona’s rules regarding the
unauthorized practice of law. The public record shows that CAMs sign and record liens, file lawsuits,
negotiate the legal rights of third parties, appear in Court and collect fees for these services. Arizona law
does not allow non-lawyers to act on behalf of a third parties in legal matters. Such activities require a
law license and these violations trigger liability under federal debt collection laws. The CAMs’ unlawful
fees for these activities have cost Arizona homeowners millions of dollars.
The lawsuit seeks to end these unlawful practices and also seeks an award of damages for the named
homeowners and the thousands of other Arizona homeowners who have been victimized by these CAMs
and their unlawful collections activities.
The Law Offices of J. Roger Wood represents Arizona homeowners who have disputes with their
Homeowners Associations or Condominium. Watters and Watters are trial lawyers representing
Arizonans in civil litigation, including employment issues or toxic tort exposures. The firms are working
together on this case, seeking to right these serious wrongs. They can be contacted at
Watters & Watters, PLLC P.O. Box 65147 - Tucson, Arizona 85728
Friday, September 21, 2012
Getting receiver for homeowners association typically is bad idea - latimes.com
Getting receiver for homeowners association typically is bad idea - latimes.com: The association must pay the receiver for those services and fees that are court approved. Such fees are in addition to the association's assessed operating costs and can easily exceed thousands of dollars each month, depending on the size of the common interest development and the complexity of the problems to be solved.
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Five years of a lousy economy have pinched local governments to the point some have filed or are the verge of bankruptcy. But receivership really isn't a good option for HOAs as Donie Vanitzian and the late Stephen Glassman explain in their L.A. Times column. It essentially amounts to management fees on steroids with the receiver legally calling the shots to a far greater extent than even the most over-reaching HOA manager.
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Five years of a lousy economy have pinched local governments to the point some have filed or are the verge of bankruptcy. But receivership really isn't a good option for HOAs as Donie Vanitzian and the late Stephen Glassman explain in their L.A. Times column. It essentially amounts to management fees on steroids with the receiver legally calling the shots to a far greater extent than even the most over-reaching HOA manager.
Why Sneering at Public Servants Comes So Naturally to Many of America's Richest Citizens | Alternet
Why Sneering at Public Servants Comes So Naturally to Many of America's Richest Citizens | Alternet: Wealthy people, after all, don’t typically use much in the way of public services. They don’t partake of public parks or public education. They belong to private country clubs and send their kids to private schools, and they royally resent having to pay taxes to support public services they don’t use.
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Indeed. Which is why I have been saying since about 1985 that municipalities should not be encouraging the spread of private communities. In the long run it erodes elite support for public services.
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Indeed. Which is why I have been saying since about 1985 that municipalities should not be encouraging the spread of private communities. In the long run it erodes elite support for public services.
Condo board policies can help or hurt property values - chicagotribune.com
Condo board policies can help or hurt property values - chicagotribune.com:
"It takes more than a neat, attractive condominium or town house to make a sale at a fair price. Buyers have heard the horror stories of steep special assessments and deteriorating buildings. They expect the association to make a good impression as well as the unit. If it doesn't, they don't buy."
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Pamela McKuen of the Chicago Tribune offers some much-needed advice.
"It takes more than a neat, attractive condominium or town house to make a sale at a fair price. Buyers have heard the horror stories of steep special assessments and deteriorating buildings. They expect the association to make a good impression as well as the unit. If it doesn't, they don't buy."
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Pamela McKuen of the Chicago Tribune offers some much-needed advice.
HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:
"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."
And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:
"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."
And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."
HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:
"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."
And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:
"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."
And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."
Thursday, September 20, 2012
Texas Homeowner 'Lynches' Empty Chair Meant to Represent President Obama
The political statement consists of an empty chair tied to a tree branch and left to hang in the air.
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I expect the homeowner will soon be hearing from the HOA.
Wednesday, September 19, 2012
Backyard beehive center of dispute in Spring Hill neighborhood - WKRN, Nashville News, Nashville Weather and Sports
Backyard beehive center of dispute in Spring Hill neighborhood - WKRN, Nashville News, Nashville Weather and Sports: SPRING HILL, Tenn. -
A back yard beehive in a Spring Hill neighborhood is the center of a dispute.
The beehive belongs to Bryce Martin who placed the bees on his back deck in 2009.
"This beehive has been here about three-and-a-half-years approximately," Martin told Nashville's News 2.
Martin, who lives in the Ridgeport subdivision, said he was notified by the homeowners association that he is not allowed to keep bees in his yard.
"I can understand and I agree with the covenant to a certain extent, but the question is, does that apply to my beehive," Martin said.
He contends that HB 1671 pasted last year supersedes the HOA rules and allows him to keep bees on his property.
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To bee or not to bee...that is the question in this Privatopian principality.
A back yard beehive in a Spring Hill neighborhood is the center of a dispute.
The beehive belongs to Bryce Martin who placed the bees on his back deck in 2009.
"This beehive has been here about three-and-a-half-years approximately," Martin told Nashville's News 2.
Martin, who lives in the Ridgeport subdivision, said he was notified by the homeowners association that he is not allowed to keep bees in his yard.
"I can understand and I agree with the covenant to a certain extent, but the question is, does that apply to my beehive," Martin said.
He contends that HB 1671 pasted last year supersedes the HOA rules and allows him to keep bees on his property.
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To bee or not to bee...that is the question in this Privatopian principality.
Tuesday, September 18, 2012
Judge tosses case against 'Smartie' the chicken - Beaufort News - IslandPacket.com
Judge tosses case against 'Smartie' the chicken - Beaufort News - IslandPacket.com: Stewart said she was pleased the case was thrown out, but warned that the hen wasn't out of the woods yet. In the past two weeks, they have received two letters from the Mill Creek neighborhood association saying the bird must go.
"It has come to our attention that you are keeping a chicken on your property," said the Sept. 5 letter, sent by the Mill Creek at Cypress Ridge Homeowners Association. "We ask that you please find a new home (for) the chicken."
Stewart plans to appeal that order, as well, on grounds that their chicken is a pet, not "livestock or poultry."
"Our (homeowners association) will have to decide if she is a 'common household pet,'" said Stewart, citing language in the association's covenants.
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Double teamed by the muni and now the HOA.
"It has come to our attention that you are keeping a chicken on your property," said the Sept. 5 letter, sent by the Mill Creek at Cypress Ridge Homeowners Association. "We ask that you please find a new home (for) the chicken."
Stewart plans to appeal that order, as well, on grounds that their chicken is a pet, not "livestock or poultry."
"Our (homeowners association) will have to decide if she is a 'common household pet,'" said Stewart, citing language in the association's covenants.
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Double teamed by the muni and now the HOA.
Homeowners association members face violence
News from AP | The Dallas Morning News, dallasnews.com
LOUISVILLE, Ky. (AP) — Disagreements that boil over into shouting matches, finger-pointing and even fistfights are often part of neighborhood homeowners association meetings, but the kind of violence that erupted in Louisville leaving two dead is uncommon.
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I have some comments in this AP piece on the general issue of HOA violence.
LOUISVILLE, Ky. (AP) — Disagreements that boil over into shouting matches, finger-pointing and even fistfights are often part of neighborhood homeowners association meetings, but the kind of violence that erupted in Louisville leaving two dead is uncommon.
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I have some comments in this AP piece on the general issue of HOA violence.
Sunday, September 16, 2012
US Housing Outlook Improves: 1.3 Million Households Gain Positive Equity - Yahoo! News
US Housing Outlook Improves: 1.3 Million Households Gain Positive Equity - Yahoo! News: CoreLogic's data shows a wide variance by state in home equity rates. It listed Nevada with the highest percentage of mortgaged properties in negative equity at 59 percent, followed by Florida (43 percent), Arizona (40 percent), Georgia (36 percent) and Michigan (33 percent). These top five states combined account for 34.1 percent of the total amount of negative equity in the U.S. Minnesota is above average with a 17.1% negative equity share. As more homeowners actually find that their home's equity has increased, it adds favorable opinion that the U.S. housing outlook is indeed improving.
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Some positive news. But as the numbers show, much of Privatopia remains underwater.
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Some positive news. But as the numbers show, much of Privatopia remains underwater.
In Prosecutors, Debt Collectors Find a Partner - NYTimes.com
In Prosecutors, Debt Collectors Find a Partner - NYTimes.com:
So you get a "Pay up or go to jail letter,"and...
"They bear the seal and signature of the local district attorney’s office. But there is a catch: the letters are from debt-collection companies, which the prosecutors allow to use their letterhead. In return, the companies try to collect not only the unpaid check, but also high fees from debtors for a class on budgeting and financial responsibility, some of which goes back to the district attorneys’ offices."
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So you get a "Pay up or go to jail letter,"and...
"They bear the seal and signature of the local district attorney’s office. But there is a catch: the letters are from debt-collection companies, which the prosecutors allow to use their letterhead. In return, the companies try to collect not only the unpaid check, but also high fees from debtors for a class on budgeting and financial responsibility, some of which goes back to the district attorneys’ offices."
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Friday, September 14, 2012
That's quite a concept.
Dog owners asked to submit pet waste | WTVR.com – Richmond News & Weather from WTVR Television CBS 6
Dog owners asked to submit pet waste | WTVR.com – Richmond News & Weather from WTVR Television CBS 6: Residents recently were contacted by the Home Owners Association asking for a sample of their dogs DNA through their poop. The email says that dog droppings keep showing up in common areas. That’s why the board is pushing for DNA testing. The HOA is requesting every dog in the neighborhood have their DNA taken and put on file. That way when a mess is found they can have it analyzed and find the culprit.
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Another one of those repeating stories out of Privatopia: Only the name of the HOA changes.
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Another one of those repeating stories out of Privatopia: Only the name of the HOA changes.
Thursday, September 13, 2012
Fed bets big in new push to rescue U.S. economy - Yahoo! News
Fed bets big in new push to rescue U.S. economy - Yahoo! News: WASHINGTON (Reuters) - The Federal Reserve launched another aggressive stimulus program on Thursday, saying it would pump $40 billion into the U.S. economy each month until it saw a sustained upturn in the weak jobs market.
The central bank's decision to tie its controversial bond buying directly to economic conditions was an unprecedented step that marked a big escalation in its efforts to drive U.S. unemployment lower. Stock prices jumped, while gold hit a six-month high as investors braced for faster inflation.
Unlike in its two previous bond-buying sprees, the Fed said it would only purchase mortgage-backed securities, hoping in part to unstick a housing sector that Fed Chairman Ben Bernanke called "a missing piston" in the U.S. recovery.
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As the perfessor has noted on this blog, housing is an important sector of the economy. According to the the National Association of Home Builders, housing and housing services account for 17 to 18 percent of GDP. Arguably a very significant part of the economy.
But I question whether goosing up this important sector can alone do the trick, especially when mortgage rates are already at 50 year lows. Homebuyers need stable jobs and incomes to meaningfully participate in the housing market and lenders won't lend unless they have them. That requires increased confidence in all parts of the economy, not just housing.
The central bank's decision to tie its controversial bond buying directly to economic conditions was an unprecedented step that marked a big escalation in its efforts to drive U.S. unemployment lower. Stock prices jumped, while gold hit a six-month high as investors braced for faster inflation.
Unlike in its two previous bond-buying sprees, the Fed said it would only purchase mortgage-backed securities, hoping in part to unstick a housing sector that Fed Chairman Ben Bernanke called "a missing piston" in the U.S. recovery.
------------
As the perfessor has noted on this blog, housing is an important sector of the economy. According to the the National Association of Home Builders, housing and housing services account for 17 to 18 percent of GDP. Arguably a very significant part of the economy.
But I question whether goosing up this important sector can alone do the trick, especially when mortgage rates are already at 50 year lows. Homebuyers need stable jobs and incomes to meaningfully participate in the housing market and lenders won't lend unless they have them. That requires increased confidence in all parts of the economy, not just housing.
Wednesday, September 12, 2012
Associated Press story coming on HOA violence
Bruce Schreiner of AP is looking for people with specific information on this issue.
--------------------------------------------
Professor McKenzie:
Thanks so much for taking the time to chat with me. We’re just starting work on a story looking into the pressures of HOA boards and how that strain can turn violent. We want to write a balanced piece from the perspective of board members and aggrieved homeowners.
If you can let folks from both perspectives know we are looking for people to interview for this story, we would greatly appreciate it.
My phone number in the bureau is 502-583-7718. I am working on this project with fellow AP reporter Dylan Lovan in Louisville.
Regards,
Bruce Schreiner, The Associated Press, Louisville, Ky.
bschreiner@ap.org
bschreiner@ap.org
Tuesday, September 11, 2012
Marjorie Murray's prophetic article from 1994
Marjorie Murray, who runs the Center for California Homeowner Association Law, read my post the other day about the bad deals cities have been making to get sports stadiums, and she sent me this note, which she has graciously allowed me to post here. Way back in 1994, Marjorie wrote an article for California Lawyer in which she pointed out how prison construction was at that time the "silver bullet" for local governments, and how it had the potential to turn bad on them...which it has. And CIDs fit right into this picture of searching for the silver bullet. Read on:
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Evan: I read with interest the posting on sports stadiums as a failed economic development tool for local governments.
Cities and counties across the country are always looking for the "silver bullet" that will get revenues flowing into local coffers.
Nearly twenty years ago I wrote an article for California Lawyer on state prisons as an economic development tool for California local governments. ("Build it and They Will Come," (1994.) Cities and counties, however, chose to ignore the not-so-hidden costs of building a prison in their midst: wear and tear on infrastructure, increased demand for housing needed by prison staff, increased need for police, etc.
Now the prisons are so over-crowded that the courts have ordered inmates back to local governments, which will have to assume the cost of housing them in county jails.
A more recent "silver bullet" has been the thousands of California CIDs, seen by local governments as the ATM machine that would generate sky-high tax revenues. Instead, hundreds of CIDs throughout the state have become wastelands of foreclosed homes whose owners can't pay their mortgages, let alone property taxes. Just ask the City of Stockton if CIDs were the answer to their economic prayers. The city declared bankruptcy in June after going on a spending spree in anticipation of all those tax revenues that never materialized.
There truly is no "silver bullet" for local governments. No one prison, one sports stadium, or single 6000- home CID can rescue an entire city or county. California local governments need to wake up to this fact.
Anyone interested in the 1994 California Lawyer article will find it here at this link: http://www.callawyer.com/clstory.cfm?pubdt=199404&eid=14430&evid=1
Marjorie Murray, President
Center for California Homeowner Association Law
www.calhomelaw.org
3758 Grand Ave., Suite 56
Oakland, California 94610
Wells Fargo Even Sorrier After Second Time It Foreclosed on Wrong House
Wells Fargo Even Sorrier After Second Time It Foreclosed on Wrong House
"Remember that nice couple we told you about last week — the Tjosaas family, whose home in Twenty-Nine Palms was “accidentally” foreclosed upon by Wells Fargo even though the couple didn’t even have a mortgage? Turns out: this was the SECOND TIME that Wells Fargo had “accidentally” foreclosed on that house by mistake, but it’s cool because Wells Fargo remains “deeply sorry” about both “unfortunate situations.”
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I said when I posted on this the first time that somebody should go to jail. Now it turns out that Wells Fargo went after this house "accidentally" twice. Ask yourself if any non-corporate person could do something like this--break into the same house illegally, twice--and not go to jail.
"Remember that nice couple we told you about last week — the Tjosaas family, whose home in Twenty-Nine Palms was “accidentally” foreclosed upon by Wells Fargo even though the couple didn’t even have a mortgage? Turns out: this was the SECOND TIME that Wells Fargo had “accidentally” foreclosed on that house by mistake, but it’s cool because Wells Fargo remains “deeply sorry” about both “unfortunate situations.”
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I said when I posted on this the first time that somebody should go to jail. Now it turns out that Wells Fargo went after this house "accidentally" twice. Ask yourself if any non-corporate person could do something like this--break into the same house illegally, twice--and not go to jail.
Playhouse Eviction | KSEE 24 News - Central Valley's News Station: Fresno-Visalia - News, Sports, Weather | Local News
Playhouse Eviction | KSEE 24 News - Central Valley's News Station: Fresno-Visalia - News, Sports, Weather | Local News: "This is ridiculous," says Becky Rogers-Peck, Aubree's grandma. "There's too much crime and everything else. These lawyers need to be worrying about other things that are way more important than whether or not my granddaughter has a pink playhouse."
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