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killing Trayvon - Page 117

post #1741 of 6250
Quote:
Originally Posted by itsstillmatt View Post

Well, I may detest a house with purple polka dots, but I would have no interest in stopping a neighbor from making his one. More than I have no interest in being told what to do with my house, I have less interest in having the ability to dictate to somebody else what they should do. If somebody wants to get freaky with their Santa Fe casa, let them do it.

+1
Quote:
Originally Posted by deadly7 View Post

All I can say is Piob's neighborhood sounds like it's full of wonderful uppity people and I'm glad as fuck I don't live there.

+2
Quote:
Originally Posted by itsstillmatt View Post

Quote:
Originally Posted by Piobaire View Post

Thank god. Your 1% status was a little shaky there for a moment!
However, I think you hit on some residual hate for HOAs and such. Deed restrictions were certainly used at one time to racially and ethnically segregate.

A mortgage makes sense for tax reasons, which is why we allow them but with limits. Co-op ownership would be a pain if somebody defaulted, so protection makes sense.

My dislike for HOAs is that I hate forced conformity. I also think it brings out the worst in people. I don't see an upside at all.

+3
post #1742 of 6250
Quote:
Originally Posted by Piobaire View Post

G, I think you're reading too much into my examples and applying them all to me. As I said, that basketball example had nothing to do with me in the least, I just presented it as it was presented at the home owners meeting. I will say I am glad I live somewhere that the neighbor cannot park five rusty pickups on blocks on his front lawn though.
But let's say you're 100% on target. Isn't it wonderful we live in a country where I could find a neighborhood that fit me, and fit a group of other people, and we can all live happily together in peace?

I don't think I was, and I hope my last comment wasn't taken as a dig (it wasn't meant to be one). You just seemed really floored that the rest of us found most HOAs to be distasteful, and your posts seemed to point to the stuff I mentioned as a cause.

For what it's worth, you can't park inoperable trucks on your lawn where I live, either, and we have no HOA. In fact, you can't park on your lawn at all where I live.

On your last sentence, I, like all reasonable people, agree!
post #1743 of 6250
Quote:
Originally Posted by Manton View Post

I am sympathetic to rules that prevent radically altering the character of neighborhoods, especially historic ones. The blog "ugly persian houses" about tear-downs in LA is very funny and sad at the same time. OTOH, I am also sympathetic to property rights and I don't know where the line should be.

Two simple questions: what's your limit on "historic" (e.g. property near state-declared historic property? from centuries past? etc.) and why?

And Piob, the following quotes symbolize why I have a problem with HOAs:
Quote:
Originally Posted by Piobaire View Post

G, I think you're reading too much into my examples and applying them all to me. As I said, that basketball example had nothing to do with me in the least, I just presented it as it was presented at the home owners meeting. I will say I am glad I live somewhere that the neighbor cannot park five rusty pickups on blocks on his front lawn though.
But let's say you're 100% on target. Isn't it wonderful we live in a country where I could find a neighborhood that fit me, and fit a group of other people, and we can all live happily together in peace?
Quote:
Originally Posted by Piobaire View Post

I think society forces a certain level of conformity and an HOA is just another mechanism society has developed to do this. I would not want an overly restrictive one (society or HOA) but I do find a definite upside is a good HOA agreement. We'll just have to agree to disagree on this.
From my understanding, the basketball thing was newly added on to the HOA. If I'm wrong feel free to correct me. So you have no qualms with a kid playing basketball, but because of some uppity neighbor not wanting to deal with waiting an extra minute, you're now forced to abide by it. This may be okay for you, because I don't remember you ever mentioning kids. But now, all of those people with families are forced to abide by the HOA rule against basketball hoops because a couple people complained about something that affects them in an absolutely trivial way.

IANAL and was never part of a HOA so this is a point of genuine curiosity: how does opting out of HOAs work? If the HOA adds a new rule saying "Your house must be painted neon green" after you signed the original HOA agreement, are you allowed to opt-out like you can with every other contract that changes its terms?
post #1744 of 6250
You're not the one who's subject to the HOA; it's the property itself. You can opt out by not buying it.
post #1745 of 6250
Quote:
Originally Posted by deadly7 View Post

IANAL and was never part of a HOA so this is a point of genuine curiosity: how does opting out of HOAs work? If the HOA adds a new rule saying "Your house must be painted neon green" after you signed the original HOA agreement, are you allowed to opt-out like you can with every other contract that changes its terms?

Almost universally no. Which raises another problem with HOAs. The rules they have in effect when you buy in are not necessarily the rules you'll have five years later. A new administration can make entirely new rules that you have to live by. There is no constitution in HOAs restricting what they can or can't do.

Back on topic -

http://usnews.msnbc.msn.com/_news/2012/04/13/11182597-trayvon-martin-case-hearing-raises-possible-conflict-of-interest-for-judge?lite
Quote:
Updated 2:26 p.m. ET: A brief court hearing Friday in the case of George Zimmerman, the Florida man charged with second-degree murder in the shooting death of Trayvon Martin, focused on the possibility that the judge could be replaced of because of a possible conflict of interest.
Seminole County Circuit Judge Jessica J. Recksiedler disclosed that her husband, an attorney who deals with civil cases, works in the same firm as Mark NeJame, a criminal lawyer who had been previously contacted by Zimmerman for counsel.
NeJame did not take Zimmerman as a client, but he now has a contract with CNN to provide analysis on the case.

That may not technically be a conflict of interest but the Judge should recuse herself. Nothing good can come from having her husband's associate talking to CNN while she makes a decision on the case.

EDIT -
Quote:
Rule 4-1.10 Imputed Disqualification: General Rule

(a) Imputed Disqualification of All Lawyers in Firm.

While lawyers are associated in a firm, none of them shall knowingly represent a client when any 1 of them practicing alone would be prohibited from doing so by rule

This is why it would be a conflict for the associate to the husband.

Quote:

A Judge Shall Avoid Impropriety
and the Appearance of Impropriety
in all of the Judge's Activities

A. A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

B. A judge shall not allow family, social, political or other relationships to influence the judge's judicial conduct or judgment. A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others; nor shall a judge convey or permit others to convey the impression that they are in a special position to influence the judge. A judge shall not testify voluntarily as a character witness.

And this is why it could be a conflict for the husband to the wife. I don't know specifically if this kind of thing has previously been decided but it's questionable enough that she should walk away.
post #1746 of 6250
Quote:
A Florida judge on Friday offered to recuse herself from the George Zimmerman case in a surprise hearing because of her husband's ties to a CNN legal analyst and commentator.
The Orlando Sentinel reports that Judge Jessica Recksiedler disclosed that her husband works for the law firm of Mark NeJame, a prominent Orlando attorney, in the five-minute hearing Friday afternoon. In addition to working for his law firm, NeJame has been sounding off on the Zimmerman case for CNN. It's unclear if either attorney will take Recksiedler up on her offer and ask her to step aside.

Looks like she just offered to recuse herself. Goddammit, I was hoping we could get another half-dozen pages out of arguing whether or not she should. This blows.
post #1747 of 6250
This thread used to be full of violence, media misbehavior and exciting race tension. Now its lawyers talking about HOA 's. frown.gif
post #1748 of 6250
No brainer. Judge made the right choice.
post #1749 of 6250
Quote:
Looks like she just offered to recuse herself. Goddammit, I was hoping we could get another half-dozen pages out of arguing whether or not she should. This blows.

Don't worry Harvey, there will be 2 dozen more pages arguing more important things, like the meanings of words, and people arguing with each other but arguing completely different topics.
post #1750 of 6250
Quote:
Originally Posted by deadly7 View Post

From my understanding, the basketball thing was newly added on to the HOA. If I'm wrong feel free to correct me.

Consider yourself corrected.

As to rule amendments/additions: just re-read my HOA. The only way to change the rules are for 50% +1 of all the homeowners (not board members) must vote and then 50% + 1 of that vote carries. Somehow, I will sleep safely from the concept of having to paint my house neon green.

It's interesting I'm not getting twisted at people for not living in an HOA agreement but ya'll seem pretty twisted I'm happy to live with my HOA. Why do you hate my freedomz to be subjugated?
post #1751 of 6250
Quote:
Originally Posted by Piobaire View Post

It's interesting I'm not getting twisted at people for not living in an HOA agreement but ya'll seem pretty twisted I'm happy to live with my HOA. Why do you hate my freedomz to be subjugated?

Come on, dude.
post #1752 of 6250
Quote:
Originally Posted by itsstillmatt View Post

Quote:
Originally Posted by Piobaire View Post

It's interesting I'm not getting twisted at people for not living in an HOA agreement but ya'll seem pretty twisted I'm happy to live with my HOA. Why do you hate my freedomz to be subjugated?

Come on, dude.

I'll drop it but I seriously do not get it.
post #1753 of 6250
Pio, you weren't put on this earth to "get it"

225
post #1754 of 6250
Quote:
Originally Posted by Piobaire View Post

I'll drop it but I seriously do not get it.

What don't you get? People disliking HOAs for whatever reason, their contributions to cultural blight, their tendency to create assholes from seemingly normal people, their rules, whatever is a reasonable discussion. Nobody is twisted over you being happy in one. It isn't a personal indictment. What in the world does that have to do with the fact that other people don't want to live in an HOA-tocracy? Why in the world would you care? It isn't a parallel situation, and to treat it as such, and do so in bewilderment is, frankly, vile sophistry. icon_gu_b_slayer[1].gif
post #1755 of 6250
Quote:
Originally Posted by itsstillmatt View Post

Quote:
Originally Posted by Piobaire View Post

I'll drop it but I seriously do not get it.

What don't you get? People disliking HOAs for whatever reason, their contributions to cultural blight, their tendency to create assholes from seemingly normal people, their rules, whatever is a reasonable discussion. Nobody is twisted over you being happy in one. It isn't a personal indictment. What in the world does that have to do with the fact that other people don't want to live in an HOA-tocracy? Why in the world would you care? It isn't a parallel situation, and to treat it as such, and do so in bewilderment is, frankly, vile sophistry. icon_gu_b_slayer[1].gif


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