Watch young children crash dad’s important Skype interview with the BBC | WGN-TV

Watch young children crash dad’s important Skype interview with the BBC | WGN-TV:

Best BBC interview ever.

HOA buys personal alarms for kids following attempted abduction - Story | WOFL

HOA buys personal alarms for kids following attempted abduction - Story | WOFL:

"The community is not waiting for law enforcement to increase their sense of security.  Instead, they are footing the bill for each kid to have a personal alarm. "We've raised over $2,000 in the past couple of days," said parent Stephanie Lerret.  "It's a dual-button switch where the student has to hit both buttons to activate if they're in an uncomfortable situation."
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I can't tell from the article whether or  not this headline is correct. "HOA buys" suggests that the association is using their funds to buy the alarms. But the body of the article seems to suggest that parents, or the association BOD, are raising money from voluntary contributions and buying the alarms with those funds. The latter approach seems more likely to me, given that using money from assessments for an expense like this could be questioned.

These States Aren’t Waiting for Trump to Get Funds for Infrastructure

These States Aren’t Waiting for Trump to Get Funds for Infrastructure: "Republican leaders from at least six states are pushing to raise gasoline taxes or other fees to pay for upgrading roads and bridges, saying they can’t count on President Donald Trump’s $1 trillion infrastructure plan to deliver what they need.

“If a giant golden goose with a red and white and blue flag on it flies over Indiana and drops a golden egg, first we’re going to make sure it’s a golden egg and not some other dropping,” said state Representative Ed Soliday, a Republican who is helping to lead an effort that would raise the state gas tax in Indiana to 28 cents per gallon (from 18 cents), increase registration fees and explore tolling."

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See the post below on the nation's crumbling infrastructure. Tax increases, folks. There is no way around it.

America's infrastructure still rates no better than D+, engineering experts say | US news | The Guardian

America's infrastructure still rates no better than D+, engineering experts say | US news | The Guardian: "America is literally falling apart. The most authoritative report of the nation’s infrastructure gave the country’s crumbling roads, bridges, dams, schools and other essential underpinnings a D+ grade on Thursday. Not a single element of America’s framework received an A grade. The American Society of Civil Engineers’ quadrennial infrastructure “report card” painted a grim picture of the US’s backbone. According to the organization’s analysis, there hasn’t been much improvement in the state of America’s transportation, water, energy, education and waste management programs since the last report was released, in 2013...The report comes after Donald Trump pledged to rebuild America’s broken infrastructure on the campaign trail, plans that appear to have stalled amid a backlash against government spending. It also comes after a series of disasters, including lead in the water of Flint, Michigan, and other municipalities, and the evacuation of 20,000 in California after the near-collapse of a major dam."

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We are drowning in fake crises that politicians use to generate fear so they can control people. Here's a real crisis, and one that only government can solve. Trump talks about it, but has no proposal that will work. Shoveling more tax credits to big business is not going to lead them to suddenly start paying for rebuilding bridges and constructing high-speed rail.

Miami Worldcenter secures bond financing through community development district - South Florida Business Journal

Miami Worldcenter secures bond financing through community development district - South Florida Business Journal

"The $74.1 million was one of the largest CDD bond issuances in South Florida in recent years. For Miami Worldcenter, the CDD bonds will fund street improvements, modernized mass transit stations, new landscaping, widened sidewalks, more water and sewer capacity, electrical work, and new street lights. Located on the north side of downtown Miami, the $2 billion Miami Worldcenter will include condos, apartments, retail, restaurants, and a hotel/convention center."

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Florida has hundreds of these multiple-function special districts that are the building industry's new substitute for cities. Special districts like this can issue bonds and do most of the things that municipalities can do, but they don't have to operate on the one person, one vote principle. They can allocate voting control on the basis of property ownership. That way developers can make all the decisions for the district as long as they control most of the acreage, which might be forever.  That comes in handy. Imagine that the subdivision has the same boundaries as the special district. If you buy a home in the subdivision, you are a taxpayer for the district and there is a line on your property tax bill for the amount you pay to the district. Developers have been known to make nice deals with themselves before they sell any of the lots.  They have the district they control purchase the common elements from themselves (as owner of all the property in the subdivision). Then tens of millions of dollars from the bond sale goes straight into the developer's pocket, and the bondholders get paid off over the next few decades from the property taxes paid by the residents of the district, who are none other than the people who buy the units in the subdivision. 

Portland homeowners win reprieve from maintaining city's trees | OregonLive.com

Portland homeowners win reprieve from maintaining city's trees | OregonLive.com

"Portland Mayor Ted Wheeler plans to quash an effort by city bureaucrats to quietly expand homeowners' responsibilities to care for trees on city-owned land.The proposed new rule would have required Portland property owners to cut down dangerous trees on city property adjacent to their land, even if the trees were located far from the private property...The change would have, for instance, cost at least three Southwest Portland homeowners as much as $3,500 by making clear that they are responsible for cutting down trees more than 50 feet away and inaccessible from their property Current code requires property owners to take care of dying or dangerous trees on their own property, "any adjacent sidewalks, planting strips and trees fronting or upon such private property." The changes would have added "adjacent unimproved or partially-improved rights-of-way" to the places where private property owners are required to remove problem trees."

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I have always found it interesting that city governments impose on homeowners the responsibility to maintain public property. It is common to require them to shovel snow from sidewalks, for example. But dealing with dangerous trees is a much bigger responsibility. It is expensive and requires judgment. And extending that responsibility to adjacent areas is quite a step.

Lake Charleston homeowners ask HOA for security cameras in neighborhoods after attempted abductions - wptv.com

Lake Charleston homeowners ask HOA for security cameras in neighborhoods after attempted abductions - wptv.com

Now Harman says he and his wife are pushing for security cameras in the Lake Charleston Community.  "One camera for their AC unit, one camera for their clubhouse," said Harman naming the surveillance that exists at the community clubhouse. "Nothing for security wise for the community itself." 

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So before making a decision, the HOA is asking the Sheriff's office to do a survey to find out what other associations are doing. I find that a strange request. Are the public law enforcement officials supposed to serve as private security consultants for HOAs? 

HOA critics: Proposed Missouri legislation won’t protect homeowners | The Kansas City Star

HOA critics: Proposed Missouri legislation won’t protect homeowners | The Kansas City Star: "Missouri homeowners longing for more accountability in their homeowners associations and protection from overzealous HOA boards may not find the answers they want in legislation recently proposed in the state House and Senate.

While proponents say the measures will safeguard homeowners and ensure that they know what they’re getting into when buying a home in an HOA, some homeowner advocates say the proposals — one is called the Missouri Homeowners’ Bill of Rights — are so watered down that they instead protect the $85 billion HOA industry."

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Toward the bottom the article notes that there is pending legislation in a number of states now. So are we in the middle of a new wave of attempts at HOA/condo reform?  There is a certain predictability to this. The people who identify themselves as "homeowner advocates" are opposed to anything CAI is for, but they don't have a well-defined counter-agenda of their own. They are divided between abolitionists who want to destroy the entire institution of common interest housing and reformers who think it can be made to work better.  That's why the outcome of these struggles is are almost always either CAI-backed bills that pass, or nothing at all passes.

Why Cities Can't 'Manage Decline' - CityLab

Why Cities Can't 'Manage Decline' - CityLab: "Policy, in its simplest form, is just jargon for group desire, marshaled through influential people. Desire comes down to fear or hope, as Dutch philosopher Baruch Spinoza famously insisted. When fear is your dominant driver, the policy becomes one of scarcity and security. When hope is dominant, the policy is viewed through possibility and aspiration. The key, here, is while “serious” policy decisions are supposed to be “smart,” they are derived viscerally. No wonder so many gut decisions on things like urban renewal end poorly."

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So why, says Richey Piiparinen, should cities like Cleveland assume that they will continue to decline, when nobody knows what the future may hold for any city?

Man blew up his own house in Wales because he was depressed at being 50 | Metro News

Man blew up his own house in Wales because he was depressed at being 50 | Metro News:



Geez. What's he doing to do when he hits the big six-oh?

Construction Defects in Community Associations

Construction Defects in Community Associations:



CAI has a report out on proposed state laws to make it harder for HOAs and condo associations to sue developers for construction defects. They say that, "As of February 28, legislation has been introduced in Arizona, Colorado, Florida, Massachusetts, Maryland, Minnesota, New Jersey, Oregon, Texas, Utah and Washington." Developers and contractors have political influence and often can persuade lawmakers that CD litigation raises the price of housing. Really? If building correctly is too much of a burden, maybe they should find another livelihood. Because if they build it right in the first place, there shouldn't be a CD lawsuit--or at least, not a legitimate one. There have been some fraudulent CD cases, such as the ones filed in the Las Vegas HOA fraud ring led (or fronted, depending on who you believe) by contractor Leon Benzer. But most CD suits are legitimate, and often the owners have no real alternative but litigation because the damages may not be covered by insurance and they can't afford to pay millions to fix the defective construction out of their own pockets. So I think state legislatures should tread carefully here. If defects go unrepaired, there are adverse consequences for the owners and maybe the whole neighborhood.

Grant Co. leaders: Ark Encounter doesn't live up to economic promise

Grant Co. leaders: Ark Encounter doesn't live up to economic promise:

"The county is teetering on bankruptcy and is trying to balance the budget. Wood said they were to the point where jobs may have to be cut. He will propose a 2% payroll tax at next week’s fiscal court meeting. He blames prior fiscal courts for the budget crisis, not the Ark. But he said the Ark had not lived up to its promise. “I was one of those believers that once the Ark was here everything was going to come in. But it’s not done it. It’s not done it. I think the Ark’s done well and I’m glad for them on that. But it’s not done us good at all.”"
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So the county's ship didn't come in?

Frannie: Privatization Is A Pipe Dream - Fannie Mae (OTCMKTS:FNMA) | Seeking Alpha

Frannie: Privatization Is A Pipe Dream - Fannie Mae (OTCMKTS:FNMA) | Seeking Alpha: "Summary:   The prospects for GSE privatization have been significantly reduced due to setbacks in the courts.

The arguments in support of investing in the GSEs are weak, and these stocks have further downside from Mnuchin and the U.S Treasury.

While most of the downside is over, Fannie and Freddie are still compelling shorts."

Dismal Results From Vouchers Surprise Researchers as DeVos Era Begins - NYTimes.com

Dismal Results From Vouchers Surprise Researchers as DeVos Era Begins - NYTimes.com: "But even as school choice is poised to go national, a wave of new research has emerged suggesting that private school vouchers may harm students who receive them. The results are startling — the worst in the history of the field, researchers say."

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Privatization has been sold by ideologues as a utopian program of private alternatives that were supposedly always better than public sector service provision. But in one policy area after another, the results have not lived up to the hype. But the private service providers will continue to oversell their wares because they make a fortune.

Homeowners outraged that Millennium developers, HOA won't share building's rescue strategy - San Francisco Business Times

Homeowners outraged that Millennium developers, HOA won't share building's rescue strategy - San Francisco Business Times:

 "A strategy proposed by the developer and HOA of San Francisco's sinking, tilting Millennium Tower to fix the building is coming under fire this week from homeowners, who are frustrated that the group refuses to detail its repair strategy...Last August, it was revealed that the 58-story Millennium Tower has sunk more than a foot and is leaning two inches, and now faces a rash of lawsuits from both regulators and angry homeowners worried about their investment in the $350 million building.

Thus far, the San Francisco City Attorney has sued the developer, while two Millennium Tower homeowners have filed a civil claim against both the city and their neighboring Transbay Joint Powers Authority, and a separate group of 20 homeowners has sued Millennium Partners, San Francisco’s Department of Building Inspection, the City Attorney and the Transbay Joint Powers Authority for allegedly conspiring to withhold information about the building's structural issues."

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The situation is in mediation. The association says they are bound by the mediation agreement not to talk about the repair plans. That would be consistent with normal procedures for any mediation. But big HOA disputes tend to spawn multiple claims by various people that can make settlement difficult.

Mortgage delinquencies among some homeowners just spiked, spelling trouble

Mortgage delinquencies among some homeowners just spiked, spelling trouble:



"Federal Housing Administration mortgage delinquencies jumped in the fourth quarter for the first time since 2006, the Mortgage Bankers Association reported Wednesday. The FHA insures low down-payment loans and is a favorite among first-time homebuyers. The seasonally adjusted FHA delinquency rate increased to 9.02 percent in the fourth quarter from 8.3 percent in the third quarter, MBA data show. The jump, which followed the lowest delinquency rate since 1997, was driven by loans made since 2014 and early-stage delinquencies, those just 30 days past due."

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Well, that isn't good. Especially this part: "... the foreclosure activity increases in states such as Arizona, Colorado and Georgia are more heavily tied to loans originated since 2009 — after most of the risky lending fueling the last housing boom had stopped,"

Appeals court dashes hopes for investors who bought foreclosed homes in Nevada | Las Vegas Review-Journal

Appeals court dashes hopes for investors who bought foreclosed homes in Nevada | Las Vegas Review-Journal:

See the post below.  This article explains that the real beneficiaries of the Nevada Supreme Court's decision regarding the superlien statute are investors who acquired an estimated 2,000-3,000 properties by just paying off the association's lien for unpaid assessments, fees, and costs. But the 9th Circuit left them in limbo when they declared the statute unconstitutional. Then the Nevada SC rode to the rescue again and said the statute is just fine. I'm curious as to what is going on now. Can the investors sell these properties with clear title, or is there still confusion or uncertainty about whether the purchases by these investors can be rescinded and the banks' first mortgages restored? Does anybody know?

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional | Financial Services Perspectives

The Super-Priority Saga Continues – Nevada Supreme Court Holds That NRS 116’s Notice Provisions Are Constitutional | Financial Services Perspectives:



Yes, indeed. The saga continues.  To recap:

1.  In SFR Investments Pool v. US Bank, the Nevada Supreme Court ruled on 9/18/2104 that an HOA nonjudicial foreclosure on their "superlien" for unpaid assessments extinguishes a first mortgage. The bank said that they had been denied due process of law because they didn't have adequate notice of the NJF.

2.  But then on 8/15/2016,  the 9th Circuit Court of Appeals ruled in Bourne Valley Court Trust v. Wells Fargo Bank that this law violates the due process rights of the bank holding the first mortgage. Where is the state action that gives rise to a due process claim? It lies in the state legislature enacting the statute that gives the HOA the right to do this. What is the denial of DP? It relates to the adequacy of the notice to the first lienholder that the statute requires.

3.  But stop the music: The Nevada Supreme Court struck again. On 1/26/2017, they ruled in Saticoy Bay LLC v Wells Fargo bank that there is no state action, and thus no constitutional claim for deprivation of due process.



The Nevada Supreme Court and the federal 9th Circuit Court of Appeals have different rulings on the same statute. So, what does this mean? I think it probably means that the choice of courts makes all the difference. In Nevada state courts, the Nevada Supreme Court is the final authority. But if the case is in federal court, the 9th Circuit's ruling is the law.



In situations like this, the US Supreme Court has been known to grant certiorari in order to decide which interpretation should prevail.  Rule 10 of the USSC Rules provides that they are more likely to take a case if "(b) a state court of last resort has decided an important federal question in a way that conflicts with the decision of another state court of last resort or of a United States court of appeals," which is just the situation. But somebody has to present this issue to them in a real case, and I do not know if that is in the works or not.

And the statute in question was amended after the SFR case, so I defer to NV lawyers as to how big an issue this will be going forward. The language in the amendment requires more detailed notice, and includes this: "(II) If, not later than 5 days before the date of the sale, the holder of the first security interest on the unit satisfies the amount of the association’s lien that is prior to that first security interest pursuant to subsection 3 of NRS 116.3116 and, not later than 2 days before the date of the sale, a record of such satisfaction is recorded in the office of the recorder of the county in which the unit is located, the association may foreclose its lien by sale but the sale may not extinguish the first security interest as to the unit."  So now (if I am reading all this correctly) the bank gets more detailed notice and has a chance to pay off the delinquent assessments so their lien doesn't get extinguished.

Georgia accountant charged in $100K homeowners association theft

Georgia accountant charged in $100K homeowners association theft:



There have been so many cases like this that I can't keep count anymore.

South Florida man accused of smearing feces on HOA president's...

South Florida man accused of smearing feces on HOA president's...:

 It would be hard not to take this as a form of criticism.