Manic episode triggers $2600 fine from HomeOwners Association

If you've ever wanted to know anything about HOA rules and regulations - what's legal and what isn't - I highly recommend subscribing to Davis-Sterling's newsletter. They are a law firm that specialize in the often gray area of Condominium HomeOwners Associations in California. Their weekly newsletters are full of what amount to hilarious (but more often legitimate) questions and answers. I keep meaning to post about swim diapers and how the Center for Disease Control has strictly banned them as well as non toilet trained kiddies from public pools.

MANIC BEHAVIOR
QUESTION: When I was manic last year, I put trash in front of another homeowner's door and during the period of one hour, I walked back and forth to her door 13 times which was on the surveillance camera of the pool deck. The board fined me 13 x $200 = $2,600 saying it was justified even though it was one incident. Now they are threatening to file a lien on me if I don't pay it in 30 days. They refused internal dispute resolution and alternative dispute resolution. Can they refuse my request?
ANSWER: Your manic behavior probably scared the daylights out of everyone and earned you a well-deserved fine. The size of the fine may or may not be deemed reasonable by a judge. It will depend on whether the judge believes your actions constitute one incident or 13 incidents. You're lucky the owner didn't seek a restraining order. Regarding the threat of a lien, the board cannot lien your unit for unpaid fines. Civil Code 1367.1(e) As for ADR, the board is not required to accept your request for mediation or arbitration. However, the board should not refuse your request for "internal dispute resolution."

Reprinted from Davis-Stirling.com by Adams Kessler
Previous Newsletters and to sign up [Davis-Stirling.com]

San Francisco #10 Top city worldwide?

Ever wonder who makes up San Francisco? Thinking of moving here? Here are a few of the statistics...

Population: 809,000 2nd most densely populated city in US (after New York) and there are an estimated 120,000 dogs in this city which means roughly 14% of San Franciscans have a canine best friend.

51% are male 49% are female (and only 16% are gay/lesbian - but it can feel like a lot more to the single women around here). We do have, and proudly so, the highest percentage of same sex-households of the 50 largest US cities.

13% are 14 years old & under
San Francisco has the lowest % of children of any large US cities.
72% are 15 to 65
15% are over 65

53% are Caucasian (non-Hispanic)
32% Asian American
14% Hispanic American
7% African-American

46% speak other than English at home
26% speak Asian language at home
12% speak Spanish at home
7% speak other Indo-European language
37% born in California
27% in another US state
6% born outside of US
16% are not US citizens

54% registered as Democrats
11% as Republicans
4% as Green
28% Decline to State

Travel and Leisure magazine just ranked us #10 of the Worlds Top Cities Overall...but I have to say having lived in Sydney for several years (which ranked #11) and SF I'm gonna have to say Sydney almost has us beat - just on the weather, a bigger prettier bay, and a lot more trees - but I suppose I did settle back here to my hometown so. Back to SF being #10 but it's a really close call.

2009's World's Best Cities -Top 10 Cities Overall [Travel & Leisure Magazine]

No loans for Sellers with Undocumented Income

The exact reason No Income Verification loans were created in the first place is the exact challenge now facing numerous potential homeowners who no longer can get a loan - unless you know a R E A L L Y good mortgage broker who has a personal and private relationship with some good banks. Oh, and by the way - this is also the same reason Chris Daly's rental assistance law is diabolical. There's no way to account for undocumented income...

With more than $300,000 in combined annual income, tens of thousands of dollars in the bank and credit scores that top 800, Jennifer France and her partner would seem like ideal candidates for a mortgage refinance. But when they applied to swap an interest-only loan on their nearly $1 million San Carlos home for a 30-year fixed that locked in today's low rates, they were summarily denied. The reason: effectively, because both operate their own businesses.
"I was really surprised, I had been preparing to refinance for years," said France, a landscaper and gardener. "It's hard for the self-employed; that puts us in a bind."

While the amount they make is easily enough to qualify for the new loan, tax deductions for self-employed workers dropped their official income below the threshold that banks wanted to see. A few years ago, theirs would have been the ideal scenario for a stated-income or no-documentation loan, which allowed individuals with ample but unconventional sources of income to secure home loans. But after untold numbers of borrowers lied about their financial wherewithal to buy homes they couldn't afford, often with a wink and nod from mortgage brokers, nearly all lenders stopped offering what became known derisively as "liar loans." Now even the well-qualified borrowers for whom the products were first intended can't get them. [more]

Undocumented income makes it hard to get a loan [SFGate]
The Giant Pool of Money - Hands-down best description of the Credit Crisis [SFHomeBlog]
Daly's Draconian Renter's Relief Package Passes [SFHomeBlog]

Bad News for Mission Bay - Pfizer pulls out

SAN FRANCISCO — The world’s largest drug maker has abandoned plans to move into a new research center in San Francisco’s burgeoning Mission Bay neighborhood. What was hailed last summer by Mayor Gavin Newsom as a “significant win” in the development of Mission Bay is now a loss for the area, which has attracted numerous life science companies in recent years as a result of payroll tax breaks offered by The City.

Pfizer had planned to take up a bulk of a new building on the corner of Third Street and Mission Bay Boulevard. The company negotiated a 15-year lease with the builders, Alexandria Real Estate Equities Inc., and said they planned to move 100 employees there from their South San Francisco office in early 2010. Newsom announced the deal in August 2008, alongside Corey Goodman, the president of Pfizer’s Biotherapeutics and Bioinnovation Center, who said the move would position the center for success. Signs that the deal could be in jeopardy surfaced in November, when Alexandria announced they would be putting two Mission Bay properties on hold, but would not elaborate on the specific sites. Goodman then unexpectedly resigned in April — just months after Pfizer acquired drug maker Wyeth in a $68 billion deal. A spokeswoman for Pfizer, Joan Campion, said the company did notmake its decision based on recent leadership changes, but by analyzing its real estate holdings after acquiring Wyeth. “Economics was a factor,” Campion said. The fate of the building is still unknown. A public relations firm for Alexandria Real Estate Equities did not return calls for comment.

Pfizer drops plans for Mission Bay facility By: Brent Begin [Examiner]

Oooh Oohh Green Couch Warehouse sale Today

Green Couch, one of my favorite staging companies in the city is dropping a chunck of their inventory today in a one day only sale from 11am to 4pm. Now if only Ken Fulk would jump on the 'letting go' summer bandwagon I would be in decorators heaven.

Come start the Fourth of July weekend with NEW furniture. Great prices on high end furniture used only for staging homes in the Bay Area. IN WITH THE NEW!www.greencouch.com Friday July 3rd 11:00 to 4:00 744 alabama (@ 20th st.) Kick off the 4th of July weekend with a new sofa, coffee table, artwork, etc. Pictures attached are examples of what you'll find tomorrow work!

Going going Gone - $10k CA Tax Credit Used Up (with a caveat)

So for those of you who follow me on twitter you will have seen this last week. For those of you who were trying to get that tax credit under the wire, chances are you were watching it daily - like me. My client who bought at the Arterra got his tax credit request faxed in the day before the Franchise Tax Board reported they had reached their limit of $100 million in credits issued. On Monday the FTB web site issued this new statement:

Tax Credit for New Home Purchase Important update (06/29/09):
As shown in the numbers below, we have reached $100 million in new home credit applications. Because many of these are duplicates, revised, or invalid, we plan to receive 12,000 applications. This will ensure we have more than enough valid applications to allocate the full $100 million.

These additional applications will be subject to the availability of remaining credits. Now that we have received 11,000 applications, we will update this page each business day with the total number of applications received. We will no longer accept applications once we have received 12,000, and the fax service will be disconnected. We will continue to report certificates issued on a weekly basis until the full $100 million has been allocated. We expect to complete processing all certificates inAugust. We will send a notification in response to all applications received, indicating th amount of credit allocated or denied.

***Important update (07/03/09): FTB No Longer Accepting Applications

Tax Credit for New Home Purchase [Franchise Tax Board]
$10,000 Reasons to Buy a New Development this Year [SFHomeBlog]
The Countdown Begins [SFHomeBlog]

Dept of Real Estate issues fraud warning on Loan Mod's

The DRE recently issued a fraud warning alerting consumers about loan modification scams and informing consumers of what they can do to protect themselves. The alert is available in both English and Spanish. Last July, the DRE had fewer than 10 complaints involving loan modification companies; today the department has 750 pending investigations. In addition, since last October, the DRE has filed more than 200 Desist and Refrain Orders. A list of the companies and persons the DRE has filed an action against can be viewed at http://www.dre.ca.gov/cons_drs.asp.

It is worth noting that not all firms who collect advance fees for loan modification services do so illegally, the DRE said. In general, only licensed real estate brokers and attorneys operating within the scope of their license may collect advance fees. Real estate brokers must have their advance fee agreement reviewed by the DRE prior to its use to ensure it is compliant with real estate law.

C.A.R. also has learned of what appears to be a loan modification assistance program and lead generator, from a company using the legislative bill number 3648, that looks as if it’s a government entity, complete with a misleading seal closely resembling a governmental seal but that is not affiliated with the government. C.A.R. cautions all members to be on the alert for schemes seeking funds from REALTORS® or consumers with no value, or that may be misleading or unlawful. More info

California Department of Real Estate - Fraud Alert [DRE.Ca.Gov]

Daly's Draconian Renters Relief Package Passes - Mayor veto coming

It's basically on Beven Dufty and Sophie Maxwell who does not have to vote for now...to make sure it does not end up in a veto-proof vote. I have no problem with certain aspects of rent control (although there's a decent argument that it hurts more than it helps) - but this measure weights all the burden, including the burden of proof on one end of the population so completely I cannot believe it's even legal. Sane people do not just think that a tenant who opts to work half time - or ends up with half their income coming from under the table is not going to apply for a reduction in rent and get it - with no recourse on the property owners part...uh, where's the sanity in that?

Oh yeah, it's a Daly proposal what was I thinking...calling for sanity.

Rent Plan Promises Relief - to Lawyers [SF Buisness Times]
Proposed Laws for SF Renters + Mayor Weighs In [SFHomeBlog]
Beware of Supervisors Bearing Gifts - Jeff Woo [SFGate]

Board to Vote on Daly's Renter's Relief Tuesday June 23rd

Supervisors Will Vote on Renters Economic Relief Package June 23. Vote Delayed Pending FPPC Decision on Maxwell Conflict. The Government Audit & Oversight Committee approved the Renters Economic Relief Package forward at its hearing on May 28 and forwarded it to the Board for a full vote on June 23. The committee adopted some amendments to the package, most significantly limiting the rent increase suspension to periods when the unemployment rate dips below 5%. The full Board vote was delayed to June 23, so that the Fair Political Practices Commission can issue a written decision as to whether or not Sup. Sophie Maxwell–a landlord who usually votes pro-tenant–can vote. Maxwell sought to be recused but there is some dispute as to whther or not she has a conflict of interest under state laws. If the legislation is to survive a Newsom veto, then Maxwell must be able to vote (and then vote for it). Maxwell is typically the 7th vote and Sup. Bevan Dufty would also haveto support it to reach the 8 votes needed to override a Mayoral veto.

The package of amendments to the city’s rent control law consists of three parts:

•Suspend any rent increases which will cause a tenant’s rent to exceed 33% of their income. This provision expands the law’s existing provision which enables the Rent Board to suspend rent increases based on “tenant hardship” by expanding when a tenant can apply for hardship and defining hardship as any rent increase which would cause a tenant’s rent to exceed 33% of their gross income.

•Expand the rights of tenants to add roommates to help pay the rent. This provision will let tenants bring in roommates so that the rent will be more affordable. The number of roommates would be limited by San Francisco Housing Code provisions which establish occupancy limits based on the size and number of bedrooms in an apartment. Currently landlords are able to limit the number of tenants to levels below what the law allows.

•Limit the amount of “banked” rent increases which can be imposed in any one year. Current law allows landlords, to “bank” annual rent increases and impose them all at once at a later date, often resulting in rent increases of 20% or more. This provision will limit these banked rent increases to no more than 8% in any one year.

Supervisors will vote on Renters Economic Relief Package [SF Tenants Union]
Proposed Laws for SF Renters + Mayor Weighs In [SFHomeBlog]
Beware of Supervisors Bearing Gifts - Jeff Woo [SFGate]

New Ban on Permanently Installed Wooden Utility Ladders

Wooden fixed utility ladders are now illegal in San Francisco. These ladders were commonly added to buildings constructed in the City during the 1930's and earlier. They were never part of a building's fire escape system; but they often were installed as a 'convenience' to building owners who wanted roof access without bringing a portable ladder to the site.

These ladders are now prohibited on residential buildings and must be removed with a proper building permit (click here for ordinance text).

General Contractors Inspection Service [GCIS]

Ordinance Amending the SF Housing Code [SFGov.org]