Category Archives: Free Speech

Net ‘Neutrality’ and this Website!

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Well, the news this week is pretty bad for net neutrality. The White House has come up with a 332 page book of regulations that it’s going to hand to the FCC for implementation. Just as in the Affordable Care Act, they have to pass the bill so we can all see what’s in it. A lone renegade on the FCC is warning that this bill is so heavy handed that it will fundamentally change the way the Internet is governed, essentially treating it as a public utility.

Hundreds of billions in new taxes, controversial websites (like this one) may be subjected to a version of the old (and failed) Fairness Doctrine, and smaller businesses and smaller political operatives will essentially be driven off the web. Websites will be censored. Another name for the bill is “full employment for trial lawyers.”

The Internet has given us a measure of freedom that never would have been granted by traditional government. It has fundamentally changed the world, both socially and financially.

FCC Commissioner Ajit Pai says the future looks pretty grim.

http://dailycaller.com/2015/02/10/fcc-commissioner-unprecedented-involvement-of-executive-branch-in-our-decision-making/

 

1st Amendment Win for Orthodox Jewish Congregation

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guest blog by Deborah Goonan

Just this week, a Colin County, Texas judge threw out an HOA’s case against owners of a home used as an Orthodox Jewish synagogue. The legal battle began in 2013, when an owner by the name of David R. Schneider independently sued the Congregation Toras Chaim and the owners of the dwelling, Mark and Judith Gothelf, for allegedly violating restrictive covenants specifying “single family” use. The HOA intervened in the case in 2014, shortly after Mr. Schneider was elected to the Board of Highlands of McKamy IV & V HOA.

The Liberty Institute assisted the Gothelfs and the Congregation free of charge. Haynes and Boone LLP also represented the Congregation.

Of course, the media and Liberty Institute are reporting the victory for the small Jewish congregation. They are now permitted to continue using the Gothelf’s home as a synagogue for their small congregation. The Judge dismissed the case primarily based upon two applicable Texas laws: The Texas Religious Freedom Restoration Act (RFRA) and the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Both statutes invalidate restrictive covenants against use of real property as a religious institution, upholding First Amendment rights.

Reading the lengthy Motion for Summary Judgment filed by attorneys for the defense, available from the Liberty Institute news release, it was obvious that Mr. Schneider, representing himself, and the HOA, represented by their attorney, had no chance of prevailing. In addition to the obvious violations of religious freedom rights, there were hundreds of pages of case law to back up at least a half dozen affirmative defenses, and transcripts of depositions of Rabbi Rich, Mark Gothelf, Mr. Schneider and two other HOA Board members.

So what exactly happened in Highlands of McKamy IV & V HOA?

Well, it was another typical story of HOA conflict. From 2011 – August 2013, before the Orthodox Jewish Congregation moved the location of their gatherings from one home in Highlands of McKamy to another one across the street from David Schneider, there had been no complaints from neighbors or the HOA.

It often takes just one person, in this case Mr. Schneider, to instigate conflict in an HOA. And that conflict is almost always about some alleged or trumped up violation of a restrictive covenant or Board enacted rule. And quite often – as was the case this time – the restriction itself is unconstitutional at the state or federal level, or both.

Based upon testimony supplied by the Rabbi, Mr. Gothelf, Schneider and two other Board members, the reader recognizes the typical hallmarks of HOA conflict:

·      A ringleader (Schneider) that organizes an allegedly questionable “election” based upon proxies that are not adequately handled in an unmonitored election process

·      A Board President that pushes his own personal agenda as soon as he’s elected

·      A Board member with a history of being difficult to get along with, that has a history of suing people

·      Fellow Board members that follow the Board President’s lead

·      Questionable record-keeping and official document storage and handling practices

·      Board members that are unfamiliar with HOA law and/or their own governing documents

·      A Board that fails to heed their HOA attorney’s advice, yet that attorney is complicit in filing a case he knows has a high probability of failing

·      The tendency of a Board to keep the cost of this legal challenge a secret

·      A divided membership, resulting in angry homeowners and a Board recall attempt that is successful in removing Mr. Schneider in July 2014, but not the remaining Board members

·      Negative attention for the HOA in the local media, and by word of mouth

·      Over a year of stress and unnecessary legal expense for the Gothelfs and the Congregation

Hopefully, this will end the campaign against the Congregation, many of them neighbors in the HOA.  I certainly hope there will not be an appeal. The good Rabbi Rich is wise when he states, “We don’t view this as a victory. The victory would be when the whole neighborhood comes together.”

http://dfw.cbslocal.com/2015/02/04/hoas-case-against-dallas-congregation-tossed/

https://www.libertyinstitute.org/news

Strange but True, and Twice as Funny

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A landmark in the town of Fountain, Colorado has been stolen. It’s a relief for some but others are dismayed.

Several years ago when the Cody Driver family built their house, the neighborhood HOA required that he name his road and put up a street sign. I’m not sure what frustration led to the naming of his road, but it quickly became a landmark:

“A Dog Will Lick His Butt, But He Won’t Eat A Pickle Road”

It became a legend on the Internet. People drove from a thousand miles away to visit and get their picture taken with the sign. But it’s gone now. Somebody stole it.

(KRDO story on famous Colorado street sign)

 

 

AirBnb, A Weird New Phenomenon

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I’m biased on this subject. I have to say that out front. For many years I owned two small condos in Vail and Beaver Creek which my agent leased out to skiers on a long-term AND a short term basis. The rents were the only thing that allowed me to financially own the two properties. And they were always available to my families during ski season and during the wonderful Vail summers.

Good experiences, and bad. I did get stuff stolen. I did have the two apartments trashed. In absolutely every case the damage was done by long-term tenants. The short-term tenants were respectful of my belongings and my interior improvements and they never cost me a penny in damage. Long-term tenants were a nightmare. They stole furniture, bed sheets, draperies, silverware, you name it.

So when AirBnb came along, providing homeowners with a way to provide housing for short-term guests I was all for it. ALL FOR IT! In my experience, temporary short-term guests were more respectful, more responsible, and they helped me pay for two condos I couldn’t otherwise have afforded. And during all those years of ownership, I never once got a complaint from management. AirBnb makes sure all clients submit references and they’re constantly monitored by the service to weed out travelers or homeowners who don’t follow the rules.

Oh, but those nasty HOAs are trying to put their fists where they don’t belong. A couple in Denver’s Baker neighborhood have hoisted a banner demanding an end to the AirBnb service. And the City of Boulder has issued a couple dozen cease and desist orders against homeowners who use AirBnb to lease out their homes.

Idiocy. Absolute idiocy. If my experience is any example, you definitely DON’T want to lease your home to long termers. Those travelers who stay there just a few days are the most respectful tenants you’ll ever meet.
But maybe that’s just me.

(link to Denver story on couple trying to stop AirBnb)

 

Blossom Park Condo in FL plagued by crime, drugs, and multiple code violations

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guest blog by Deborah Goonan

This is the fate of a 1970s motel, converted to condos in 2003. By 2010, this low-rent condo hotel was in Receivership. Almost all of these units are leased to tenants, but apparently the Association is not putting the assessments to work, or dealing with a vacancy problem.

The condo complex has been reportedly plagued by drug trafficking, especially heroin, and was the scene of three murders in 2014. Residents say they fear for their safety.

According to reports, Blossom Park Owners Association has racked up $175,000 in code violations from Orange County. The staircases were recently deemed unsafe, and 2nd and 3rd floor residents had to be relocated until repairs can be made. Elevators are also inoperable. Some residents have moved to the first floor, but if repairs are not made to the seven buildings soon, the remaining residents may face eviction.

Where is all the money going? Obviously the owners are collecting rent from tenants (listed on Realtor.com for about $600-$650/month), and at least one resident was interviewed, stating that she pays $200 per month for maintenance fees.  And the attorney receiver states there will be a special assessment to cover the cost of needed repairs and payment of fines.

This is just one example of condo blight in Florida. The question is why does the state of Florida keep allowing condo conversions? What was the logic behind approval of Blossom Park in 2003? Did Orange County really think that an old broken down motel would become an affordable haven for some lucky owners? Or did they count on 350 separate landlords screening their tenants and keeping their units maintained? Clearly, it isn’t working. Orange County has been working with Blossom Park for almost 5 years, and conditions have not improved.

http://www.orlandosentinel.com/news/breaking-news/os-orange-blossom-park-evictions-20150130-story.html

http://www.wesh.com/news/residents-asked-to-leave-blossom-park-condos-in-orange-county/31056348

http://www.orlandosentinel.com/news/breaking-news/os-blossom-park-condos-homicide-20140926-story.html