Tuesday, January 20, 2009

Currents

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[HOA Constitutional Government] A question of HOA governance: President Obama said, “but whether government works”

President Obama said in his inaugural speech, “The question is not whether government is too big or too little, but whether government works.” I guess that says it all with respect to HOA governance. It’s not a question of contract interference by big government, or an imposed objective of a landscaped America first and foremost, above individual [...]
pvtgov, 2009, January 20, Tuesday

[The Privatopia Papers] WSJ.com

WSJ.com: Trends in presidential job approval ratings
Presidents nearly always start with high approval ratings, but usually they begin to fall with divisive policy positions, wars, recessions, or scandals.
ecmlaw@gmail.com (Evan McKenzie), 2009, January 20, Tuesday

[The Privatopia Papers]

Best wishes, Mr. President!
ecmlaw@gmail.com (Evan McKenzie), 2009, January 20, Tuesday

[The Privatopia Papers] newsminer.com • Photo

ecmlaw@gmail.com (Evan McKenzie), 2009, January 20, Tuesday

[The Privatopia Papers]

I took this photo on a trip to Beijing in 2007, on a frolic and detour from the conference I was attending on HOAs in China. The sign is in the Forbidden City. The wisdom of this sentence struck me, along with how inconceivable it is that any government in the US would make such a public statement.
ecmlaw@gmail.com (Evan McKenzie), 2009, January 20, Tuesday

[The Privatopia Papers] newsminer.com • Al Gore ice sculpture unveiled in Fairbanks as invitation to discuss global warming

newsminer.com • Al Gore ice sculpture unveiled in Fairbanks as invitation to discuss global warming: "Fairbanks — Al Gore can thank the Nobel Committee for honoring him with the 2007 Nobel Peace Prize.He can also thank Fairbanks businessman Craig Compeau for what could be the farthest-north likeness of the former vice president: A 5-ton ice sculpture of a “shivering” Gore, created during a recent spell of bitterly cold weather in Alaska and aimed...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 19, Monday

[The Privatopia Papers]

Fugitives photographed in Chicago restaurant
ecmlaw@gmail.com (Evan McKenzie), 2009, January 19, Monday

[The Privatopia Papers] Mayor Sheila Dixon present at Obama's address, but not mentioned -- baltimoresun.com

Mayor Sheila Dixon present at Obama's address, but not mentioned -- baltimoresun.com: "At the start of Barack Obama's whistle stop tour to Washington today, the president-elect hailed the 'outstanding' mayor of Philadelphia, Michael Nutter. In Wilmington, he acknowledged Mayor James M. Baker by name.Not so in Baltimore.Mayor Sheila Dixon was one of thousands of Obama supporters braving hours of sub-freezing temperatures to greet him at War Me...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 18, Sunday

[Texas HOA & Condo News from CAN] Aransas Pass wants to annex neighborhoods

None of the neighborhoods in question wants to be annexed, said Jo Ann Biek, the president of the City by the Sea homeowners association.
, 2009, January 18, Sunday

[The Privatopia Papers] ReviewJournal.com - Real Estate - Vetoed bill affecting HOAs could survive

ReviewJournal.com - Real Estate - Vetoed bill affecting HOAs could survive
Quite a few provisions in this bill--how about the one that prohibits HOAs from fining the owner because his pizza delivery guy violates the HOA traffic rules?
ecmlaw@gmail.com (Evan McKenzie), 2009, January 18, Sunday

[The Privatopia Papers]

WUSA9.com | Washington, DC | "Prostitution Free Zone" During InaugurationBut if it's free it isn't prostitution anymore.
ecmlaw@gmail.com (Evan McKenzie), 2009, January 18, Sunday

[Texas HOA & Condo News from CAN] Find out how condo fees are being spent

Q: I have owned a condo for four years. I pay a monthly condo fee along with my mortgage each month. I, as well as my neighbors, struggle with what we feel is an unreasonable condo fee, particularly because we don’t necessarily see what we’re paying for.
, 2009, January 18, Sunday

[The Privatopia Papers] From earning six figures to hoping for $7 an hour - CNN.com

From earning six figures to hoping for $7 an hour - CNN.com: "AURORA, Colorado (CNN) -- In her best year as a mortgage broker, Laura Glick says she made 'six figures.' This week she was one of more than 1,200 people attending a job fair and applying for one of 150 jobs paying between $7 and $12 an hour at a new Kohl's department store in a Denver, Colorado, suburb."-------------I feel for these people. I really do. But my sympathy is tempered by ...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 18, Sunday

[The Privatopia Papers] Quake vulnerability of 'soft-story' apartments in state still widespread - Los Angeles Times

Quake vulnerability of 'soft-story' apartments in state still widespread - Los Angeles Times: "Fifteen years after the Northridge earthquake exposed the dangers of certain 'soft-story' apartments, only about 800 of the 20,000 such structures in Los Angeles have been retrofitted, according to city records.The pancake collapse of the Northridge Meadows apartment complex, which killed 16 people, was one of the most dramatic images of the Nor...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 18, Sunday

[The Privatopia Papers]

Bloomberg.com: Is Obama overdoing the Obama=Lincoln thing?: "“Everyone wants to be Lincoln,” says Harold Holzer, who has written or edited more than 20 books on Lincoln and the Civil War. “Is Obama overdoing it? Maybe.”"----------None of these academics dares to be perceived as criticizing The One. Let me wade right in. Is Obama overdoing it? Hell, yes. The choo-choo train whistle-stop tour is the point where he jumped the shark. If he starts ...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 17, Saturday

[The Privatopia Papers]

The Growing Foreclosure Crisis - washingtonpost.com: "The foreclosure crisis has become a wave, afflicting neighborhoods of every stripe -- but particularly communities created by the boom itself."---------This is a long and very detailed article that should chill the blood of anybody living in one of the new CIDs around the nation. It isn't a subprime crisis anymore. The new housing stock, full of CIDs, is next in line.This housing market colla...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 17, Saturday

[The Privatopia Papers] The Daily Dish | By Andrew Sullivan (January 16, 2009) - The Centrist

The Daily Dish | By Andrew Sullivan (January 16, 2009) - The Centrist: "If Obama manages to leverage this crisis toward entitlement reform, he would become an historic president. It really would be Buchanan-Lincoln. I've spent too long in DC to believe it, but I can still hope can't I? And the key thing this time around is whether we can build a grass-roots movement to support Obama in this, just as we did in the campaign. Raise the retirement ag...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 17, Saturday

[The Privatopia Papers] Farkitrol® - It can help™ with Dangerous Playgrounditis.

Farkitrol® - It can help™ with Dangerous Playgrounditis.: "Every single year, the Mainstream Media reports on exactly how unsafe it is for a kid to go out and play on the grounds that have been designated 'playgrounds'. Farkitrol® works by helping the patient realize that they were once kids themselves, and that falling down and scraping an elbow or slamming their shins against the ladder for the monkeybars didn't kill them. It just made them lea...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 17, Saturday

[The Privatopia Papers] Canal ice helps Dutch rediscover national identity - International Herald Tribune

Canal ice helps Dutch rediscover national identity - International Herald Tribune: "NIEUWERKERK AAN DEN IJSSEL, Netherlands: For the first time in 12 years, the Netherlands' canals froze this month, bringing the Dutch, who like their tulips in neat rows, a heady mix of pandemonium and euphoria.Hundreds of thousands of skaters, their cheeks as red as apples in the freezing temperatures, took to the ice, and hospital wards were filled with dozens o...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 17, Saturday

[On The Commons] On the Commons with April Charney

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation. Foreclosures are everywhere. Drive through any neighborhood and chances are you will see signs of vacant houses, "For Sale" signs with "Bank owned" riders, homes noticeably neglected and abandoned. T...
Shu Bartholomew, 2009, January 17, Saturday

[The Privatopia Papers] CaliforniaCityNews.org: New Nationwide Study Reveals Low Civic Participation in California

CaliforniaCityNews.org: New Nationwide Study Reveals Low Civic Participation in CaliforniaLow indeed. The state is 45th in volunteering, 44th in "attending civic meetings," and 45th in "working on community problems." I thought the great CID revolution in California was going to produce this huge outburst of communitarianism and local involvement. Thanks to Fred Pilot for this link.
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[The Privatopia Papers] My Way News - Calif. tax refunds to be delayed starting Feb. 1

My Way News - Calif. tax refunds to be delayed starting Feb. 1: "SACRAMENTO, Calif. (AP) - California's controller says he will begin a 30-day delay on tax refunds and other payments starting Feb. 1 because the state is running out of money.Controller John Chiang said Friday he must delay $3.7 billion in payments next month because lawmakers have failed to address California's growing deficit."-----------I wonder at what point the dysfunctional l...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[The Privatopia Papers]

Professional advice on dealing with home invasion robberies: In view of the fact that fire codes prohibit dead bolts on back doors, smart home invaders just kick them down, and they tend to be in groups. Solution? "The only real way to counter this is to carry your gun with you everywhere you go inside of your home."-------------Gee, that's helpful. I will just walk around the house strapped like Wild Bill Hickock. I'll get myself a waterpr...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[The Privatopia Papers] In Bush's Farewell, a Self-Portrait of Decisiveness With Few Apologies - US News and World Report

In Bush's Farewell, a Self-Portrait of Decisiveness With Few Apologies - US News and World Report: "He dealt only minimally with his mistakes and failures. 'Like all who have held this office before me, I have experienced setbacks,' he said. 'There are things I would do differently if given the chance. Yet I have always acted with the best interests of our country in mind. I have followed my conscience and done what I thought was right. You m...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[The Privatopia Papers] Foreclosure Filings Up 81% in 2008 - WSJ.com

Foreclosure Filings Up 81% in 2008 - WSJ.com: "WASHINGTON -- More than 2.3 million American homeowners faced foreclosure proceedings last year, an 81% increase from 2007, with the worst yet to come as consumers grapple with layoffs, shrinking investment portfolios and falling home prices. Nationwide, more than 860,000 properties were actually repossessed by lenders, more than double the 2007 level, according to RealtyTrac, a foreclosure listing f...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[The Privatopia Papers] In court, Countrywide calls its ads ‘puffery’ - Mortgage Mess- msnbc.com

In court, Countrywide calls its ads ‘puffery’ - Mortgage Mess- msnbc.com: "In marketing, advertising and testimony before Congress, Countrywide Home Loans has said repeatedly that it is working hard to modify the mortgages of financially strapped borrowers caught up in the subprime meltdown. But in a New Hampshire court, attorneys for the lending giant are singing a different tune, describing such assurances as “mere commercial puffery.”Saying th...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[The Privatopia Papers] Community Profile: Oak Brook IL Real Estate -- chicagotribune.com

Community Profile: Oak Brook IL Real Estate -- chicagotribune.com: "Although Oak Brook residents live in a collection of disconnected subdivisions, that suits professionals who appreciate the privacy they afford.'Professionals, including lots of physicians, who work downtown or in other suburbs,' describes buyers of Oak Brook houses, says Bob Briant of Re/Max Elite in Hinsdale. 'They can get on a highway in any direction and get to work quickly.'...
ecmlaw@gmail.com (Evan McKenzie), 2009, January 16, Friday

[Ungated] Luck?

Luck is what happens when preparation meetings opportunity - Seneca (Roman philosopher 1st Century AD) I am a great believer in luck, and I find that the harder I work, the more I have of it - Thomas Jefferson Congratulations to Capt. Sullenberger and the rest of the crew of USAirways 1549, along with everyone who contributed to the rescue evolution. A clarion reminder that navigating a crisis takes training, preparation, and a coo...
Tom Skiba, 2009, January 16, Friday

[The Privatopia Papers] Homeowner’s Association President indicted on charges of sexual abuse of a child | LOCAL NEWS | WHAS11.com | News for Louisville, Kentucky

Homeowner’s Association President indicted on charges of sexual abuse of a child | LOCAL NEWS | WHAS11.com | News for Louisville, Kentucky: "John Sheesley is the President of his neighborhood’s Homeowners Association, an organization that is supposed to notify residents about sex offenders in the community."------------Sounds like he may have failed to mention one offender to the police. Thanks to Fred Pilot for the link.
ecmlaw@gmail.com (Evan McKenzie), 2009, January 15, Thursday

[The Privatopia Papers]

Ricardo Montalban passes away: "Ricardo Montalban, the Mexican-born actor who became a star in splashy MGM musicals and later as the wish-fulfilling Mr. Roarke in TV's 'Fantasy Island,' died Wednesday morning at his home, his family said. He was 88."-----------Not only Patrick McGoohan, but Ricardo Montalban as well. Montalban was another terrific actor and by all accounts a true gentleman...except when he was tormenting James T. Kirk, as Khan.
ecmlaw@gmail.com (Evan McKenzie), 2009, January 15, Thursday

[HOA Constitutional Government] Goldwater Institute: stop mandating HOAs

I applaud The Goldwater Institute’s position that the government mandating of HOAs must cease. I believe that the Institute must also address the reality that government intervention has produced unjust laws that violate the rights and freedoms of the people. And, in keeping with its philosophy of protecting individual rights, the Institute is in a position to support corrective action to remove [...]
pvtgov, 2009, January 14, Wednesday

[HOA Constitutional Government] AB 1921: The CLRC recommended HOA special interest bill

Conclusion I am reminded of the statement made by President Lincoln to his aide shortly after the capture of Fort Sumter in 1861, [T]he necessity that is upon us, of proving that popular government is not an absurdity. We must settle this question now, whether in a free government the minority have the right to break up [...]
pvtgov, 2009, January 13, Tuesday

[Texas HOA & Condo News from CAN] Jackson Files Legislation Regarding Property Owners’ Associations

State Representative Jim Jackson has proposed legislation to give Texas property owners more authority over their property owner's associations.
, 2009, January 13, Tuesday

[HOA Constitutional Government] Why do we still have conflict within HOA communities?

A short history The current version of a utopian community, homeowners associations, has it origins in 1964 with the release by the Urban Land Institute (ULI) of The Homes Association Handbook. In 1973 the Community Associations Institute (CAI) was formed by the HOA promoters to deal with a variety of persistent problems with HOAs. In 1992 [...]
pvtgov, 2009, January 09, Friday

[Comments for HOA Constitutional Government] Comment on A proposal for the "Muni-zation" of HOAs; Stop developers from granting private government charters by HOAs: the failure in the American Experiment in democratic self-government « HOA Constitutional Government

[...] that function outside the Constitution and its protections of individual rights.” (See A proposal for the “Muni-zation” of HOAs; Stop developers from granting private governme...). Namely, special tax districts and home rule statutes. HOAs allow such a contradiction to the [...]
HOAs: the failure in the American Experiment in democratic self-government « HOA Constitutional Government, 2009, January 08, Thursday

[HOA Constitutional Government] HOAs: the failure in the American Experiment in democratic self-government

During my Jan. 5, 2009 meeting with the Arizona Department of Fire, Building and Life Safety, the agency charged with processing HOA complaints for the Office of Administrative Hearings (OAH) adjudication, the Director indicated that HOAs provide a benefit to the community. I replied, “Yes, but these goals can be accomplished without private contractual agreements that [...]
pvtgov, 2009, January 08, Thursday

[Texas HOA & Condo News from CAN] Banned for Life - Builder May Accept Huge Punishment

A home builder in Central Texas may accept a lifetime building ban -- the first ever ban in the state.
, 2009, January 08, Thursday

[Texas HOA & Condo News from CAN] Dominion HOA plans talks after destructive fire

In the wake of a fire that left a million-dollar home in ruins, Brigitte Saidi, chair of the Dominion Homeowners Association board of directors, said safety of residents and their families is the primary concern.
, 2009, January 07, Wednesday

[Texas HOA & Condo News from CAN] Galveston residents say storm-battered complex a haven for squatters, crime

Jim Davis’ flood-damaged condominium at Ashton Place and Williams Drive was among those targeted Friday night. His condo took in 3 feet of water when Hurricane Ike slammed into Galveston
, 2009, January 06, Tuesday

[Arizona HOA Case Reviews] Answers from AZ DFBLS on HOA constitutionality

I met with DFBLS Director Barger, and his staff — Deputy Director John Stahmer (an attorney), Beth Soliere and Debra Blake — along with Ass’t AG Camila Alacon for about 45 minutes this morning. In short – 1. Approval was withdrawn because of money shortages, and that Judge Downey had ruled that DFBLS doesn’t regulate HOAs. Furthermore, [...]
pvtgov, 2009, January 05, Monday

[Comments for HOA Constitutional Government] Comment on Goldwater Institute: regulating HOAs “stands Constitution on its head” by No HOA police force — no HOA government! « HOA Constitutional Government

[...] In rebuttal to Mr. Dranias’ defense of his position on private HOA governments (see Goldwater Institute: regulating HOAs “stands Constitution on its head”, I am quite flattered that he mistakenly ascribes the argument of secessionist HOAs to me rather [...]
No HOA police force — no HOA government! « HOA Constitutional Government, 2009, January 02, Friday

[On The Commons] On the Commons with Jan Bergmann

Hosted and produced by Shu Bartholomew, On The Commons is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation. There is a mistaken belief that a homeowner's association will enhance and protect property values. This little lie has been repeated over and over again since the early days when housing consumers were first be...
Shu Bartholomew, 2009, January 02, Friday

[Comments for HOA Constitutional Government] Comment on Ideological principles, not Constitutional principles, dominate HOA legislation by BROSS

Mandatory non-negotiable contracts created by the states for all new housing = enforced socialism, not freely entered into negotiable contracts.....even bank loans as "boilerplate" and adhesive as they have become have more play in them....at least the payment rate is negotiable initially....land as a nonhuman can't hold a contract to begin with. Servitudes (slavery) is borrowed British law, not U.S. Government....socialism. No "jury" trials...
BROSS, 2008, December 25, Thursday

[Comments for HOA Constitutional Government] Comment on Goldwater Institute: regulating HOAs “stands Constitution on its head” by Goldwater Institute: separate and unequal constitutions for HOAs « HOA Constitutional Government

[...] and regulating homeowners associations would “stand the Constitution on its head.” (See Goldwater Institute: regulating HOAs “stands Constitution on its head”). In the late 1950s the Southern states enacted a Poll Tax and instituted certain [...]
Goldwater Institute: separate and unequal constitutions for HOAs « HOA Constitutional Government, 2008, December 22, Monday

[Texas HOA & Condo News from CAN] Condo owners v. Mother Nature

Three Diamond Beach condo owners and their Houston attorney are blaming the developer for Ike's havoc in Galveston County court, claiming a misrepresentation was made about the Galveston seawall in the sales pitch.
, 2008, December 22, Monday

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