Saturday, April 13, 2013

L.A., other hot housing markets are getting frothy, report says - latimes.com

L.A., other hot housing markets are getting frothy, report says - latimes.com: "Everybody I know is trying to do flips right now. It's like the day trading of the 1990s," Nordine said. "We went straight from Armageddon to speculation; there was nothing in between this time."

Still, Nordine is advising clients to buy now if they can, citing low interest rates and low risk of another foreclosure crisis.

"That is how the American economy works now," he said. "It seems as if we just go from one bubble to the next."
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The roller coaster is climbing to the clouds again in some metro areas such as DC and LA.  And when the housing market gets bubbly, it can bode ill for receipts in Privatopia.  HOAs have much smaller assessment bases than municipalities and counties and consequently less ability to absorb housing market volatility and the inevitable bubble bursts and painful hiccups in assessment cash flow.

HOA Accountability Bill Stirs Debate at Capitol | The Texas Tribune

HOA Accountability Bill Stirs Debate at Capitol | The Texas Tribune:
"A bill aimed at making nonprofit homeowners associations more financially accountable and transparent pitted homeowner activists against people representing for-profit HOA contractors on Tuesday. House Bill 3803, by state Rep. Ruth Jones McClendon, D-San Antonio, would require homeowners associations, which have government-like powers to levy assessments and foreclose on homes, to better safeguard the money they collect for the common good of the neighborhood. And it would for the first time introduce state oversight of HOAs — an elusive goal of Texas homeowner activist groups. The legislation would allow the attorney general to investigate breaches of fiduciary responsibility by board members and levy penalties of up to $20,000 per violation. That would go up to $250,000 if the violation was intended to harm an elderly Texan."
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Thanks to a kind correspondent in Texas who sent me the link to this story. It seems that money has become the root of many HOA and condo association problems, something that Tyler Berding has been saying for years now.  In addition to the inadequate reserves problem that Tyler has written about, there are all the conflicts over assessment collection, attorney fee-shifting and excessive fees, questionable charges by management companies, embezzlement, and people taking over associations to milk them.  During the real estate boom the slack was taken up by rising property values that made people feel flush with home equity and made sales easy.  These days, money is tight, property values are stagnant, home equity is a fond memory for many people, and everybody is more easily drawn into conflict.

Friday, April 12, 2013

Dean Baker: Obama Accepts the Agenda of Misguided Washington Elites | Debate Club | US News Opinion

Obama Accepts the Agenda of Misguided Washington Elites | Debate Club | US News Opinion: "Unfortunately, rather than deal with the reality – that we need deficits to sustain demand in a context where the private sector will not do it – the politicians in Washington have gotten hysterical. This is like complaining about our use of water when the school is on fire with the kids still inside."
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The obsession with deficit reduction and austerity budgeting will probably kill the feeble economic growth we are now experiencing, just like it has done in every European country that tried it. That will cause a lot of suffering, but in Washington these days they don't seem to know or care much about the real situation that ordinary people face. That goes for both parties in Congress and the Obama administration.

Banks get bailouts, commit foreclosure fraud and even major crimes, and get slaps on the wrist.  Ordinary people lose their wealth and their jobs and face foreclosure. Now a Democratic president is volunteering to cut Social Security in order to look sufficiently credible to tax-phobic rich people, whose incomes and wealth have grown spectacularly over the last three decades.  Cities go begging to private investors for money to rebuild crumbling infrastructure. Teachers are being laid off and students are giving up on going to college because it is too expensive. Climate change is so far advanced that we need policies aimed at adapting to it, because at this point it can't be reversed--but instead we have congressional committee chairs who think it is a socialist hoax.

And in Washington, the big issue is deficit reduction?  Quite a political system we have here, isn't it?

Broke homeowners association halts trash service in Aldine Village neighborhood | abc13.com

Broke homeowners association halts trash service in Aldine Village neighborhood | abc13.com
As Icy deLight points out in a comment (thanks for the link to this 2008 story) to the post below, there is nothing unusual about HOAs and condo associations having their utilities cut off for non-payment. That makes the place uninhabitable, the authorities take steps to make that official, and eviction of the owners is the next step. As Fred Pilot notes in his comment on the post, the attorney who says this is an unusual thing doesn't know what he's talking about.  The unusual thing is for a local government to get busy and address the problem systematically instead of waiting for the "free market" to solve it. The City of Chicago is the only municipality I know of that has set up a serious program to turn failed condo buildings into apartments. In this city alone, "To date, about 150 Chicago condo buildings, from six-flats to a 36-unit building, are somewhere in the process of being converted into apartment buildings. "  So don't tell me the problem is uncommon.

Thursday, April 11, 2013

Homeowners Lose Their Water, Forced To Move | WREG.com

Homeowners Lose Their Water, Forced To Move | WREG.com: Attorneys say because this is such a unique situation even the judge isn’t even sure yet how he’ll handle the problem.
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Wrong.  The taps have been turned off before in attached Privatopia.  When the water gives out as in this townhome HOA, Tyler Berding's stage four death spiral accelerates exponentially.  Film at 10 on WREG, Memphis.

Tuesday, April 09, 2013

State Lawmakers Try To Rein In Homeowners Associations � CBS Denver

State Lawmakers Try To Rein In Homeowners Associations � CBS Denver: “Excesses fees, fines, add-ons, charging $100 to issue a letter to a homeowner indicating that their delinquent,” Rincevich said. “If you’re delinquent there should be a penalty, but too often it’s an execution, not a penalty.”

The bill passed out of committee and is headed to the full House.

Another bill that would better track HOAs, their number, how they resolve complaints, conduct elections and determine fees, also passed out of committee Tuesday.

In all there are four bills dealing with HOAs now making their way through the legislature.
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It's legislative season and once again time for another round of HOA reform bills.
 

The Gender Wage Gap Differs by Occupation | Center for American Progress

The Gender Wage Gap Differs by Occupation | Center for American Progress
...and "Property, real estate, and community managers" leads the list for worst gender gap, with women making 60.6% of what men make doing the very same job.  And the occupation is 57.4% female.  Sounds like somebody has some 'splainin' to do. Over to you, Community Associations Institute public relations staff. Maybe they should hire Zogby to do a survey of female managers and see if they like this situation.

Monday, April 08, 2013

USDOJ: Service Members to Receive $39 Million for Violations of the Servicemembers Civil Relief Act

USDOJ: Service Members to Receive $39 Million for Violations of the Servicemembers Civil Relief Act
"The Justice Department announced today that under its 2011 settlements with BAC Home Loans Servicing LP, a subsidiary of Bank of America Corporation, and Saxon Mortgage Servicing Inc., a subsidiary of Morgan Stanley, 316 service members whose homes were unlawfully foreclosed upon between 2006 and 2010 are due to receive over $39 million in monetary relief for alleged violations of the Servicemembers Civil Relief Act (SCRA)."
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The foreclosure mill just grinds along, using the courts to steamroll over middle class home owners who believed all that American Dream stuff about putting your wealth into real estate. Here we hundreds of unlawful foreclosures on members of the US military. It's good that something was done about it.  But to call this the tip of the illegal foreclosure iceberg is gross understatement. 

Sunday, April 07, 2013

As cities lay off police, frustrated neighborhoods turn to private cops - CSMonitor.com

As cities lay off police, frustrated neighborhoods turn to private cops - CSMonitor.com:
Long known for patrolling shopping malls and gated communities, private security firms are beginning to spread into city streets. While private security has long been contracted by homeowners associations and commercial districts, the trend of groups of neighbors pooling money to contract private security for their streets is something new. Besides Oakland, neighborhoods in Atlanta and Detroit – both cities with high rates of crime – have hired firms to patrol their neighborhoods, says Steve Amitay, executive director of the National Association of Security Contractor. “It’s happening everywhere,” Mr. Amitay says. “Municipal governments and cities are really getting strapped in terms of their resources, and when a police department cuts 100 officers obviously they are going to respond to less crimes.”
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So affluent neighborhoods are starting to do what businesses have been doing since the 1970s by forming Business Improvement Districts (BIDS) and contracting for a higher level of police (and other services) than the municipality can provide.  And note this:  "Meanwhile, the private security industry is projected to grow by about 19 percent – from 1 million to 1.2 million guards – between 2010 and 2020, according to the Bureau of Labor Statistics. Most of that growth will come because private firms are doing jobs once held by law enforcement, according to the bureau."

Saturday, April 06, 2013

Mandatory sterilization for pit bulls? Page 1 of 2 | UTSanDiego.com

Mandatory sterilization for pit bulls? Page 1 of 2 | UTSanDiego.com:
In the wake of recent brutal dog attacks, the Riverside County Department of Animal Services is proposing to mandate that owners of all pit bull purebreds and mixes in unincorporated communities sterilize the animals.
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Good idea. Thanks to Fred Pilot for the link.

Friday, April 05, 2013

Trayvon Martin wrongful death suit agains HOA settled

Trayvon Martin wrongful death claim more than $1 million - OrlandoSentinel.com:
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It appears that the HOA's insurer decided not to further dispute the coverage issue. As I understand the situation, Zimmerman was a volunteer, but the HOA more or less advised people to take their security concerns to him. The policy had a $1 million limit, and the story says the HOA paid at least that. Unfortunately there is a confidentiality provision so ascertaining the exact amount is impossible at this point.  In any event, it will be interesting to see if HOA insurers take steps to distance themselves from this sort of liability.

Tuesday, April 02, 2013

BIDs the solution for teen mobs?

Chicago, youth mobs, Gold Coast - chicagotribune.com:
"Ald. Brendan Reilly, 42nd, has a much better idea. He's introduced an ordinance that could put off-duty cops to work in commercial districts — in uniform and under the direction of the Police Department — paid for by local merchants through local chambers of commerce, business improvement districts or special taxing districts. That makes more sense than an earlier plan to expand police powers to private security guards.

Reilly says his proposal is a stopgap, not a solution. Chicago needs hundreds more full-time cops that it can't afford. In the meantime, his proposal would give businesses the option of hiring sworn officers to supplement the police presence in their neighborhoods. The plan isn't specific to downtown, he says. But that seems like an obvious place to start, and soon. Summer's coming."
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So--protection in the business districts through hiring the cops as security guards?

Stockton's bankruptcy approved - SFGate

Stockton's bankruptcy approved - SFGate:
"A federal judge on Monday granted Stockton's reluctant, nearly year-old request to become the largest city in U.S. history to go bankrupt, but not before lambasting bond creditors for stonewalling negotiations despite what he called "good-faith" efforts by the city to find a solution for its financial problems...Buoyed by tax income from the housing boom of the early 2000s, Stockton approved "overly generous" employment packages and ambitious projects, including a waterfront baseball stadium, Klein said. Then, he said, "what we now call the Great Recession" and foreclosures hit the city like a bomb. By 2011, unemployment reached 22 percent, property values plunged by more than half, and the city was in a "painful" hole, the judge said."

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The way I see it, many if not most state and local governments, special districts, and homeowner and condo associations are all facing major financial challenges. There are many reasons for this, but the most basic problem is simple: all of them have their hands in the pockets of the American middle class, and there is a finite and dwindling amount of money there.

Monday, April 01, 2013

Jim Hightower: Corporate Kangaroo Courts Supplant Our Seventh Amendment Rights

Corporate Kangaroo Courts Supplant Our Seventh Amendment Rights:

Jim Hightower on mandatory arbitration agreements inserted in consumer contracts:

"All you really need to know about today's process is that it's the product of years of conceptual monkey-wrenching by corporate lobbyists, Congress, the Supreme Court and hired-gun lobbying firms looking to milk the system for steady profits. First and foremost, these fixers have turned a voluntary process into the exact opposite: mandatory."
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American judges are indoctrinated to believe in the sanctity of "contract" even when there was no negotiation and the party that had all the power wrote an unchangeable "take it or leave it" agreement that contained an arbitration clause, and imposed it on the consumer.  The Seventh Amendment guarantees the right to jury trial in civil matters. May as well not have it, given the way contracts are being used to strip it away.

Housing market: Buyers frustrated over shortage of inventory - South Florida Sun-Sentinel.com

Housing market: Buyers frustrated over shortage of inventory - South Florida Sun-Sentinel.com:
"A few factors have contributed to the low inventory. New construction fell sharply during the housing bust, limiting the opportunities for resales now, said Walter Molony, a spokesman for the national Realtor group. When prices plunged, millions of homeowners lost equity, putting them "underwater" on their mortgages. Even though values are rebounding, many homeowners still can't sell without bringing thousands of dollars to the closing table. Meanwhile, a large contingent of homeowners who have equity are keeping their properties off the market, figuring they have weathered the downturn and now want to see prices keep rising before they consider selling."
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This has been going on for so long that it feels like the new normal.  Thanks to Fred Pilot for the link.

One way to address the S.B. 1062 fee shifting issue


S.B. 1062, currently in the Maryland State Senate (see two posts on it below), deals with the problem of attorney fee shifting in covenant enforcement cases where the fees are grossly disproportionate to what is at stake in the case.  Here is one way it could be amended, using the California approach. This is from California Civil Code Section 1354 b, c, d, and e, in the Davis-Stirling Common Interest Developments Act:

  (f) In any action specified in subdivision (a) to enforce the
governing documents, the prevailing party shall be awarded reasonable
attorney's fees and costs.  Upon motion by any party for attorney's
fees and costs to be awarded to the prevailing party in these
actions, the court, in determining the amount of the award, may
consider a party's refusal to participate in alternative dispute
resolution prior to the filing of the action.

So the court can adjust the amount of fees downward if the losing party refused to participate in ADR prior to filing of the action. Why not do the same thing with the problem addressed by S.B. 1062?--fees that are excessive not because they fail the test of the "lodestar method," (i.e., can't be justified on time and effort and ability grounds), but because the fees are ridiculous in view of how little was at stake. 

Just specify in S.B. 1062 what kinds of cases it applies to, which would be covenant enforcement actions involving nonmonetary violations; define nonmonetary violations;  say that this section is in addition to the factors that already apply under existing law and court rules;  and then add "the court, in determining the amount of the award, may consider the degree to which the amount of the attorney's fees is reasonable in relation to the amount in controversy or the nature of the nonmonetary violation."  Perhaps the language could be changed to read "the nature and seriousness" of the nonmonetary violation.


Sunday, March 31, 2013

Couple fighting HOA over removal of pit bull that chased suspect

Couple fighting HOA over removal of pit bull that chased suspect: WINTER GARDEN --�
A Winter Garden couple is fighting their homeowners association's efforts to have them get rid of their pit bull after it chased a suspect out of their home. Chris Barrella’s homeowners association says the dog is aggressive and a danger to other people in the neighborhood. Barrella says his dog was protecting his family from a suspected kidnapper in an incident that sparked the HOA’s accusation.
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I'm not a pit bull fan. I think all of them should be sterilized tomorrow. But maybe this one deserves a little leniency? Thanks to Fred Pilot for the link.

Foreclosed 'Zombie' Homes Exceed 300,000 Properties: Study

Foreclosed 'Zombie' Homes Exceed 300,000 Properties: Study
"ORLANDO, Fla., March 28 (Reuters) - A national survey found 301,874 "zombie" properties dotting the U.S. landscape in which homeowners in foreclosure have moved out, leaving vacant property susceptible to vandalism and degradation. Florida tops the list of zombie properties with 90,556 vacant homes in foreclosure, according to a foreclosure inventory released on Thursday by RealtyTrac, a real estate information company in Irvine, California. Illinois and California ranked a distant second and third with 31,668 and 28,821 zombie properties respectively on the list...According to the Reuters special report, municipalities are left to deal with the mess when people move out after receiving a notice of a planned foreclosure sale that the bank then cancels. Some spend public funds on securing, cleaning and stabilizing houses that generate no tax revenue. Others let the houses rot."
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A lot of these homes are in associations, and in many cases the associations are zombies, too. But look who is left to clean up (or not) behind the wreckage created by the housing market:  municipalities. And they remain unprepared to do much of anything. 

Friday, March 29, 2013

Former U.S. Marine told his flagpole violates Hypoluxo code | www.palmbeachpost.com

Former U.S. Marine told his flagpole violates Hypoluxo code | www.palmbeachpost.com: And it’s not the first time Palm Beach County residents have been told their American flags may have to come down because of code violations. Schaffer joins a group that includes a former Marine from Jupiter, a North Palm Beach businesswoman, a car dealer magnate and even Donald Trump, all who’ve had their run-ins with code violations over their American flags.
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Now muni officials are instigating flag flaps that are widespread in Privatopia.

Security door fight swings in homeowner's favor - Houston Chronicle

Security door fight swings in homeowner's favor - Houston Chronicle: According to a letter from the HOA, the board of directors voted to allow any security door that was installed prior to July 1, 2010, the date AMI Houston assumed the association's management. (At least two other homeowners have installed burglar bars because of crime issues, HOA officials confirmed.)

"I appreciate the homeowners association and [developer and president] Mr. Michael Johnson for working with me. I am glad to see this matter is solved," said Babineaux, 57. "I just wanted them to leave me alone about my door."

The lesson here for homeowners and HOAs is that Texas law has a four-year statute of limitations on deed restrictions.
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I guess treating deed restrictions as giving rise to legal claims and subjecting them to a statute of limitations makes sense given the frequency of regime change in Privatopia.