Archive for October, 2007

Canada Line hassles hit some Yaletown retailers hard

Tuesday, October 9th, 2007

Gift shop owner, who can’t take it after five years on Davie, forced to close

Bruce Constantineau
Sun

Hemmed in by a wire-mesh fence, Dodi Market owner Myung Yim says sales are down 60 to 70 per cent since construction of the Canada Line began. Glenn Baglo/Vancouver Sun

When it comes to the Canada Line’s impact on Yaletown retailers, Davie Street and Pacific Boulevard is ground zero.

Fencing surrounds a flurry of activity taking place 16 metres below ground level, in what will eventually be the Yaletown-Roundhouse station.

But above ground, merchants struggle to survive. Pedestrian traffic is way down, and so are revenues.

Quizno’s sandwich shop sales? Down 40 per cent. Dodi Market convenience store sales? Down 60 per cent.

Obsessions gift shop co-owner Alex Barker can’t take it any more. After five years in Yaletown, he’s closing his Davie Street store permanently this week to focus on three other profitable stores in his Vancouver retail chain.

“Canada Line has shut us down at that location and almost bankrupted us,” Barker said in an interview. “We’ve had to re-mortgage our home to the absolute maximum, and now we’re back to square-one. But we’re lucky because at least we have the means to keep going.

“I feel sorry for the people who only have one-store operations. Their creditors will pursue them for years.”

Yaletown Business Improvement Association executive director Annette O’Shea said the pedestrian traffic count at Davie and Pacific has plummeted from 3,500 a day two years ago to just 100 a day.

“So if you rely on foot traffic, you’re severely challenged,” she said.

Barker said average weekly sales at his Yaletown store fell from about $8,700 in 2005 to $4,900 this year.

Canada Line construction began in early 2006.

“There are days when we have less than $200 in sales,” Barker said. “There is clearly no point in renewing our lease.”

Dodi Market owner Myung Yim said his landlord cut his rent by 15 per cent this year, saving him about $350 a month, but that barely makes a difference to his mounting debt. He uses a growing line of credit against his family home to pull him through, hoping business will surge after construction ends in 2009.

“I have to keep the business open because if I close, I’ll get nothing,” Yim said.

“Nobody will buy into this situation now. No one.”

O’Shea said seven out of 16 Yaletown “fence-line merchants” — those who front the construction zone — have closed since construction began.

Her association has adopted several strategies to offset the damage, including doubling its marketing budget, producing shopping flyers, beefing up security in the area, and holding street festivals to draw pedestrian traffic to Yaletown.

Canada Line officials say they have helped where they can — by improving lighting, helping with security, building straighter fences to avoid creating corners, improving signage, promoting shopping in the area and improving Bill Curtis Plaza (at Davie and Maitland) to make it more appealing, and building a bridge on Mainland Street that runs over Davie.

But they insist there’s nothing they can do about providing compensation, which has become the universal demand from almost every embattled Canada Line retailer.

Canada Line Rapid Transit Inc. representative Alan Dever said there is simply no legislative environment in Canada to provide compensation for losses due to construction of public infrastructure projects.

“I don’t know what type of program you could put together,” he said in an interview. “How do you decide who gets help and who doesn’t? What do you do?

“That whole issue is really a larger debate, and there’s a good discussion to be had about the effect on some for the benefit of many. Then there’s the question of long-term benefit. Who’s going to benefit the most from having a station right across from their door?”

Canada Line officials say the disruption to Yaletown will be severely curtailed in about a year after completion of the Yaletown station’s exterior.

O’Shea said Canada Line’s disruption to Cambie Street merchants has received the most attention, but stressed that the damage to Yaletown retailers is just as severe.

“A 75-per-cent drop in sales hurts just as much here as it does when it’s experienced by someone on Cambie,” she said.

Her association won’t launch a lawsuit to press for government compensation for retailers, but it feels strongly that compensation should be paid.

“It’s amazing to me that three levels of government did not anticipate this kind of damage,” O’Shea said. “This isn’t some small construction project. It’s years and years of closed streets, and I question the idea that it’s for the greater good.

“How much greater does the good have to be to pay for the businesses that are dying here?”

Opus Hotel general manager Daniel Craig said all guests who reserve a room at the popular boutique hotel are told about the construction so they’re not shocked upon arrival.

He said the project has clearly hurt business, but feels any losses — especially in walk-in business — have been offset by gains in group sales and off-site catering.

“The construction presents a visual challenge but fortunately, we have a very loyal clientele,” Craig said. “There are not a lot of other options in Vancouver if you want to patronize a contemporary boutique hotel.”

Browns Restaurant Bar owner Bill Marsh said his Mainland Street establishment offset the Canada Line impact by making the premises as appealing as possible. Project construction began shortly after his bar opened.

“We looked at our own internal systems to make sure our food quality and service were where they needed to be,” Marsh said. “We also renovated a year after opening because the room just wasn’t where it needed to be. It made us a stronger business in the long run, and our sales improved by 30 per cent last year.”

He said some of the improved business came after the Mainland Street bridge, but also credits the bar’s improved food, service and look.

“There’s two ways to look at this,” Marsh said. “You can say everything that is wrong with my business is because of this giant hole in the ground, or you can look internally and fix what you can. That’s what we did.

“When that first train drops off everybody at Yaletown station, it’s going to be a great thing for this area. Fortunately, I’m one of the lucky ones that’s been able to ride things out.”

© The Vancouver Sun 2007

 

The bloom is still on the real estate rose

Tuesday, October 9th, 2007

Despite collapsing markets elsewhere, Metro Vancouver is less vulnerable to normal economic forces

Sun

Vancouver‘s housing prices continue to defy the laws of gravity, but they won’t be able to indefinitely thwart the laws of economics.

All markets — from tulips to tech stocks — are subject to supply and demand and the housing market is no exception. The question then is not if prices will eventually be subdued but whether that re-alignment will come abruptly, and painfully — or gradually and gently.

While we await the inevitable, however, sales of residential real estate in British Columbia are expected to reach the second-highest level in history this year, about 5,000 transactions shy of the record 106,310 sales set in 2005. The average home price in the province will be up 12 per cent this year to $437,000. After that, if the B.C. Real Estate Association has it right, the number of sales will drop to 96,671 and the pace of price increases will subside to about eight per cent.

Of course, Metro Vancouver is in a league of its own, with an average price of $589,916 and forecasts calling for it to rise to $620,000 next year. In the City of Vancouver, prices are higher still: $787,500 for the average bungalow and $879,000 for the average two-storey home, according to realty firm Royal Lepage.

Home ownership costs would consume more than 70 per cent of the typical household’s pre-tax income, based on an affordability index devised by the RBC Financial Group. Forbes magazine declared last month that Vancouver real estate was the second most over-priced in North America, after Los Angeles, and sixth most over-priced in the world. As such, analysts agree, house prices are out of sync with local incomes and are unsustainable.

Population growth, baby-boomer affluence and a robust economy are often cited as reasons for the relentless rise in real estate prices. Low interest rates and mortgages with 10 per cent down, extended amortization, and interest-only payments (not to mention subprime loans), are attracting buyers who otherwise would not qualify.

But just as the typical wage earner cannot afford the Lotus, Ferrari, Lamborghini and Mercedes-Benz SL automobiles parked in so many driveways, the ordinary household cannot spend nearly three-quarters of its pre-tax income on housing.

So who’s buying? Theories abound about their identity. Some say offshore buyers from Europe and Asia are scooping up property, particularly downtown condominiums, while wealthy foreign buyers, especially from China and Iran, are buying homes to house their families, many paying in hard, cold cash. Another theory has it that drug dealers are buying property to turn their illicit gains into hard assets.

That might help explain why Vancouver real estate prices seem less vulnerable to normal economic forces, but sooner or later the gorilla in the room will makes its presence known.

Vancouver‘s real estate market may be influenced by unique circumstances, but it cannot remain immune from the credit crisis spilling over from the United States. Sales of new homes in the U.S. dropped by an annualized rate of 8.3 per cent in August. That was more than forecast and the largest drop since 1970, bringing the number of transactions to 795,000, the lowest level in more than seven years. The median price dropped by 7.5 per cent from a year earlier.

If the U.S. credit malaise spreads — and the Bank of Canada’s injection of nearly $5 billion to shore up money markets over the past few weeks suggests it has — real estate prices could either plateau or plummet. So far, the market’s defiance has made fools of analysts predicting an end to the boom.

© The Vancouver Sun 2007

US Mortgage Meltdown & Sub Prime fiasco – let the finger pointing begin

Monday, October 8th, 2007

Ralph Roberts
Other

Recently, I was discussing the mortgage meltdown with a reporter who made the mistake of asking me who or what I believed was primarily responsible for the mortgage meltdown and housing crash of 2007. My reply consisted of a single word: “fraud.” My conservative estimates target fraud as being responsible for at least 80% of the problem, and most of this fraud was perpetrated by industry insiders (both in the real estate and mortgage loan industries) on the consumers.

Of course, there is plenty of blame to go around. If consumers were not so greedy, using their homes like ATM machines whenever they needed an equity fix, perhaps the problem would not be so widespread and so deep. If fiscal conservatives were in charge of running the government at federal, state, and local levels, maybe we would not have a culture built around deficit spending. If politicians hadn’t agreed to ship manufacturing jobs overseas and open our markets to free foreign competition, maybe Americans would have more money to make house payments. If we had universal healthcare coverage, people wouldn’t end up in bankruptcy whenever they needed surgery.

I could go on, but from what I have witnessed in the real estate and mortgage loan industry comprises a concerted effort on the part of industry professionals and insiders to fleece the consumer. Cash back at closing schemes caused a huge part of the problem. When homeowners purchased their homes, many of them would borrow in excess of the property’s true market value-sometimes hundreds of thousands or even millions of dollars more than the home was worth. They were then stuffing the proceeds in their pockets as if they had earned it.

Some might say that in this case, consumers are clearly at fault. After all, they were the ones who benefited most from the scam. However, in a huge majority of cases, professionals were advising these homeowners, telling them that this was a perfectly acceptable practice, that “everyone was doing it,” and that you were almost stupid for not doing it. The professionals would even conspire to defraud the banks, lining up appraisers who were known to appraise houses at whatever target value the buyer, seller, and agent decided. In return, the appraiser won more business, and the loan officer and real estate agent “earned” higher commissions. Everybody wins!

Another tactic that mortgage lenders used to suck in clueless buyers consisted of selling consumers on adjustable rate mortgages (ARMs) that had teaser rates. When housing prices were spiraling into the stratosphere, fewer and fewer people were able to afford to take out a conventional mortgage to purchase a home. They simply didn’t have the income and savings required to obtain loan approval at the current interest rates. Instead of denying these high-risk lenders loans, the industry simply lowered the initial interest rate, so more people could qualify. Loan officers downplayed the fact that the interest rates would probably rise significantly months or years down the road. They told the buyers that they could simply refinance if the rate was too high. Unfortunately, when credit tightened, homeowners could no longer refinance with a conventional mortgage. Foreclosure became imminent.

During the big party when housing prices were on the rise and interest rates were dropping, mortgage brokers and the loan officers who worked for them, turned away few if any applicants. If you didn’t make enough money, they would encourage you to fudge the numbers on your loan application. To boost your credit score, you could simply piggyback on someone else’s credit card (this little loophole has been fixed). In some cases, the loan officer would simply have the applicant sign a blank loan application, so the loan officer could fill in the required information later-information that would be sure to win the applicant loan approval.

And this is just the day-to-day fraud. Professional con artists are also responsible for boldfaced scams that have ripped off homeowners and lenders alike. Armed with the Internet, technology, and know-how, these fraudsters could produce forged paperwork to score millions of dollars in mortgage loans for homes they never even bought.

What we are seeing now is fraud fallout. The system has been bruised and battered for too long. The very professionals who rely on the industry to feed them and their families have caused the problem, and many of them are now nowhere to be found. They scammed the system and left hard-working Americans to pick up the tab.

Ralph Roberts is a real estate fraud expert and activist and co-author of “Protect Yourself from Real Estate and Mortgage Fraud: Preserving the American Dream of Homeownership” (Kaplan, August 2007).

 

Home Buyers and Sellers survey reveals key trends

Sunday, October 7th, 2007

Other

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Boom, bust in area beset by foreclosures

Sunday, October 7th, 2007

Adam Geller
USA Today

Real estate signs are posted in front of houses in the Villages of Queen Creek subdivision in Queen Creek, Ariz., Sept. 26. Seventy-four foreclosures notices have been sent out in the past year, while many more homes are for sale and rent. By Ross D. Franklin, AP

A realty sign stands in front of one of the many homes that are in foreclosure in the Villages of Queen Creek in Queen Creek, Ariz., Sept. 26. So far this year, some 75 homes in Queen Creek housing, southeast of Phoenix, have been reclaimed by banks.

QUEEN CREEK, Ariz. — Out on Phoenix‘s suburban fringes, where cement mixers are fast colonizing what’s left of the hay and cotton fields, the day is winding to a close. The home hour has arrived. But sundown gives away a troubling secret: Behind dark windows and many unanswered doors, it’s clear nobody is coming home.

The ranch home on Via del Palo where the newspaper in the driveway has been sitting unclaimed since April. The house at the corner of 223rd Court with faded fliers stuck in the door. The two-story on Via del Rancho with the phone book on the step.

They’re all empty, left behind by a rising tide of foreclosures.

This neighborhood has a still-unfolding story to tell, and it is not always a comfortable one to hear.

Not long ago, builders were raising home prices here thousands of dollars week after week. Families pitched tents in front of sales offices and waited for Saturday morning lotteries to win the right to buy. Buyers — including more than a few speculators — gambled with loans whose risks were obscured by euphoria.

This is the tale of how America‘s real estate boom came to a seemingly ordinary subdivision called the Villages at Queen Creek, where the whipsaw of easy credit has led to some extraordinary times.

They were the best of times, for a while. The empty homes, though, raise serious doubts about what comes next.

As the nation confronts skyrocketing foreclosures, and policymakers try to contain a symptomatic credit crunch, what is happening here and in scores of similar neighborhoods is worth considering.

Because while the pressures at work in Queen Creek were extreme, the choices people made — and the consequences of those decisions — are not so different from those faced by thousands of other homeowners and their neighbors.

“Honestly,” says Joy Kessler, a mother of three boys standing on the doorstep of the house she and her husband are surrendering to foreclosure, “if you were in this situation, what would you do?”

Skyrocketing prices

In June of 2004, Dave Gustafson took time off from his job as a supermarket produce manager, and the family headed to Arizona to visit relatives. The buzz of construction — and word of low home prices — convinced them to have a look around.

Dave and his wife Maryann liked what they saw.

Back in California, they had contented themselves with less than 1,100 square feet. But salesmen here showed them floor plans that would give them 2 1/2 times the space for half the price.

The place they liked the best was a subdivision called the Villages, a crescent-shaped warren of streets cradling a golf course, quickly filling with sand-colored stucco homes. The local schools had a good reputation. It was affordable. There was an extra-big lot on a cul-de-sac, with enough room in back for a pool.

“The sales person was saying that they (homes) were going up $1,000 a week,” Dave Gustafson recalls. “So when we came to look, we signed right away.”

Builders made it easy. A down payment of $2,000 to $5,000 was all it took to get started. Buyers could borrow at low teaser rates, requiring payments of nothing more than interest.

As promised, home prices were going up faster than the houses themselves.

By the time the family’s new home — a two-story model called The Starling with a cathedral ceiling in the living room — was completed the next spring, the $179,000 base price had climbed to $220,000.

“We were making money while we were waiting,” Dave says.

The Gustafsons picked out Corian counters and maple licorice-finished cabinets at the builder’s design center, and opted for a pool and a whirlpool bath, adding more than $50,000 to their loan. The interest rate was fixed for only two years, but they didn’t worry. With prices rising so fast, they could always refinance. And in five or six years, the Gustafsons figured, they’d sell for $500,000 and downsize.

They hung a plaque over the dining table: “Home is Where Your Story Begins.”

They were hardly the only ones feeling optimistic.

Kris Rowberry was ecstatic when the value of his home in nearby Gilbert started to take off. So he bought a second one in the Villages as an investment.

“I was thinking, man, if I could have 10 properties, I could just kind of retire … and kick back and live off the income,” says Rowberry, a nuclear safety inspector.

But the speculative mind-set confounded buyers like retiree David Pickering. When Pickering and his wife left Pennsylvania in August of 2004 for a new home in the Villages, they’d never heard of interest-only loans and the idea of buying a home as an investment hadn’t occurred to them.

They were simply buying a place to live, hopefully for a good, long time.

Around them, though, such notions began to look very old-fashioned.

Homes as ATMs

The American Dream is a myth overdue for revision.

“There’s been a huge shift in the way people view their houses,” says John Karevoll, who tracks real estate for DataQuick Information Systems. “Your house now can basically be used as an ATM.”

Twenty years ago, families celebrated when they got a mortgage and again when they retired the loan. A home meant security. The financial commitment promoted both pride and neighborhood roots.

But Americans have become much more mobile, and looser lending has made it easier to buy a home and to borrow against its value.

Now a home is more — or less — than a place to live. It is an investment — a way to make money and finance a lifestyle, says Robert Manning, an expert in consumer credit and debt at the Rochester Institute of Technology.

The housing and lending industries encouraged that transformation, promoting not just subprime loans but mortgages requiring little or no documentation of income, no money down, and interest-only payments.

When easy borrowing combined with a run-up in prices, speculators joined the fray. In Arizona and other Sun Belt states where foreclosures are rising fast, homes not occupied by their owners account for an outsized portion of foreclosures, according to the Mortgage Bankers Association.

But the rise in interest rates and drop in home prices has put the most pressure on people who live in the homes they own, and who hadn’t counted on the market shift.

It used to be that when things got tough, Americans did everything possible to protect their homes. But now, faced with foreclosure, many have reordered priorities — making payments on things like credit cards while neglecting mortgages, according to the credit scorekeeper Experian.

That is at least partly a matter of psychology. When people who bought almost entirely with borrowed money see that worth disappear, there’s little incentive to hold on, says Stuart A. Feldstein of SMR Research Corp., a Hackettstown, N.J., research firm.

Few players, though, seemed to appreciate the chance they might get caught.

“Lenders never said no,” says Jay Butler, director of realty studies at Arizona State University. “Nobody expected this to continue, but they hoped it would just long enough to get out of it — and they were caught up in the whirlpool.”

‘Drive until you qualify’

By late 2004, the Phoenix real estate market was roaring.

The euphoria reached Queen Creek, so far out the freeway hadn’t arrived yet. If you couldn’t afford something closer in, real estate agents told buyers, “drive until you qualify.”

The town’s population almost quadrupled to 17,000 in just five years.

Buyers lined up for the chance to make a down payment in the new subdivisions. Rowberry joined 200 people one Saturday morning for a chance at 15 lots. He snapped up builders’ price lists. Every week, the homes cost $1,000 to $5,000 more.

Meanwhile, skyrocketing prices in California and Nevada sent investors to greater Phoenix in search of the next great deal.

“I’m just one guy and it wasn’t unusual to get three (calls) a day” from speculators, says John Wake, a real estate agent. “A lot of them weren’t sophisticated. They’d never invested before.”

In the Villages, already half completed, remaining lots looked too good to pass up. One Southern California investor, Alan Jullien, bought three homes. A flight attendant, Angela Nazario, bought a two-story house even though she lived by herself and was frequently on the road. A local real estate agent, Sean Bacon, bought two.

Homeowners who bought earlier were feeling good. The market spike turned the Gustafsons‘ $235,000 home into one worth $380,000.

Across the Valley, homeowners watching their home values shoot up, borrowed against those gains.

“Talking to a lot of co-workers, everyone was doing the same thing — taking out lines of credit, milking it for all it’s worth,” says Matthew Berends, a homeowner in Surprise, another Phoenix suburb where prices soared. His home is now in foreclosure. “In one year for a house to go up $80,000, it’s like too easy.”

But some relatively modest purchases would prove to be risky gambles.

Greg Giniel and his wife moved into a home on East Sanoque Drive bought by a friend, with Giniel as a silent partner. What Giniel hadn’t counted on was that the friend had also bought three other homes around the Valley, all financed with adjustable rate loans that were bound to rise.

One street over, the Kesslers paid $279,000 for a house in the fall of 2005.

With $25,000 down and an interest-only loan, it seemed like a wiser deal than their old rental.

There was a problem, though, obvious only in hindsight. A market that had skyrocketed was about to take a plunge.

Empty houses multiply

It takes time for a homeowner to get into trouble, but sometimes not all that long.

In the summer of 2006, the Gustafsons fell behind on their mortgage payments. Their interest rate was set to jump. In August, their lender started foreclosure.

Meanwhile, problems began to snowball. High gas prices prompted people to rethink the idea of owning a home on the outskirts. Investors rushed to sell.

In 2005 — a record-best year for Phoenix real estate — just five homes in the ZIP code containing the Villages were lost to foreclosure, according to Information Market, a Phoenix real estate research firm.

Last year, lenders claimed 15, nearly all in the final two months of the year.

So far this year, 75 homes have been claimed by banks. But with the market so soft and more adjustable rate mortgages about to reset, that could be just the beginning.

In the Villages, many of the homes where foreclosure is pending are already empty, a sign owners have given up.

In a big subdivision — about 1,400 homes — the problems aren’t always obvious. The golf course remains carefully watered, the playgrounds neatly swept. Many streets, particularly in areas built before prices spiked, are filled with families who take walks with strollers in the evening or grill burgers in backyards overlooking the greens.

But on other streets, the presence of homes without curtains in the windows, with dirt and cobwebs collecting in doorways, is almost eerie.

Even when the market was good, some Villagers were troubled by the large number of investor-owned homes, empty or filled with renters.

Then late last year, moving vans began to pull up to some homes at odd hours. Auction notices were posted on front doors. The oleander and mesquite trees that do so well here in the desert sun turned brown in yards left without water.

In May, the house to the left of the Pickerings‘ on Calle de Flores went to foreclosure. Two weeks later, the house on the right followed. Both had been empty for months. It made David Pickering vaguely uneasy. He couldn’t help wondering whether empty houses might attract vandals.

“The weeds in the back are getting so tall now that they are growing over the separating wall into my yard,” he e-mailed, alerting the homeowners association to one of the vacancies. “Something must be done about this. … The property must be under financial responsibility of someone.”

For a couple of months, landscaper Nick Bourque — who lives next door to three foreclosed homes in a row on Via del Palo — made a point of keeping the abandoned yard bordering his free of nutsage and old newspapers.

“I just figured after a while, the heck with it,” he says. A real estate agent scheduled an auction of the home, but found no takers.

On Via del Rancho, Christelle Palmire watched as the home next door was abandoned to foreclosure. It stayed empty, too.

This Halloween, Palmire plans to take her son trick or treating in a friend’s subdivision where she knows most doors will be answered.

“You drive around this subdivision and there are ‘For Sale’ signs everywhere,” she says.

The problems become self-perpetuating. Researchers say that each foreclosure chips away at neighbors’ property values. But foreclosures here compound a larger problem.

Builders continue adding homes to the market at reduced prices. Investors are trying to sell. Lenders are seeking buyers for foreclosures. Homeowners whose financial troubles might be solved by selling can’t compete, real estate agents say.

“Sometimes the neighbors don’t like you so much because you’re one of the reasons the values are declining,” says Kim Gordon, a real estate agent specializing in foreclosures who is listing two homes in the neighborhood. “But everyone has got their part in it. The homeowners overextended themselves.”

In many ways, the Villages is lucky because so much was built before the market soared, says Amanda Shaw, president of Associated Asset Management, which administers it and 300 other Arizona subdivisions. The company, which once saw two foreclosure notices a month in its communities, now fields three to five each day, and some of its subdivisions have been hit much worse.

But it can be difficult to know when homeowners are in trouble.

“There are people who think they don’t have an alternative … other than to turn the lights off at 1 in the morning, hop in the U-Haul and just leave,” Shaw says.

Now, says Ed Stutz, who lives in the subdivision and pastors the nearby Family of Faith Fellowship church, at least three Queen Creek homeowners call each week asking for help paying their bills. That never used to happen. In September, the church decided to offer budgeting advice.

“They saw a lot of home for a pretty decent price and I don’t think they saw the handwriting on the wall,” Stutz says of his neighbors. “People took a gamble and now it’s hurting.”

Stay or walk away?

It’s worth much less than it used to be, but it’s home, Dave and Maryann Gustafson decided.

In May, their lender agreed.

The company modified their loan, temporarily trimming the $1,000 a month increase in their payment to $400. It’s a stretch, but will keep the Gustafsons in their home at least until the modified terms expire in two years.

Greg Giniel is not so sure. His home, owned by his investment partner, is scheduled for a foreclosure auction in November.

“I’ve got to figure out how to buy my own home back,” Giniel says. “If God doesn’t pull me out of this one, I don’t know where else I’m going to go.”

Things looked just as uncertain to Joy and Paul Kessler, until they did the math.

They could fight to save their house. But what was the point? It’s worth at least $40,000 less than they paid. They can rent in this depressed market for a fraction of their monthly payment.

“It’s sad to say but honestly, we don’t feel like there’s anything worth saving in this house,” Joy says. “Financially, we’ve got nothing to show for it.”

So the couple decided to let the place go. Everyone said it was the right thing to do.

Still, it doesn’t sit right with her husband, a painter and construction worker. When times were good they made a commitment, Paul tells Joy. Somehow, it doesn’t feel right to just walk away.

 

Strata council in conflict?

Sunday, October 7th, 2007

Dual Agency: Strata managers must act in best interest of owners, strata corp.

Tony Gioventu
Province

Dear Condo Smarts:

Our strata corporation is an apartment building and townhouses consisting of 107 units in Richmond.

We have two problems. The common expenses are divided differently between the two different types of buildings, and when we recently re-roofed the apartment building, the townhouses didn’t have to pay the levy because they are a different type of construction, according to the property manager.

How do we find out what the right formula is? The other problem is more than 25 per cent of our units are rentals, and the property managers are also the rental managers. They exercise the votes for the rental units and prevent us from amending our bylaws or terminating our management agreement because they all require a 75 per cent vote.

Is there some regulation that prevents our contractors or agents from acting against the wishes of the majority of the owners? — Andrea

Dear Andrea:

The first question is easy to answer.

All common expenses are based on unit entitlement that is included with your registered strata plan.

Sections bylaws may be created between townhouses and apartment- style buildings that separate expenses based on those sections, but I read your registered bylaws and no such sections or bylaws have ever been created.

The result is that your roof costs are a common expense of all the strata lots on the strata plan, including the townhouses.

The second part is difficult and is going to require that your strata council review the contract terms and conditions with your strata managers.

What you have is a dual-agency situation where the management company is representing both the interests of the strata corporation and the investors they are managing rental units for.

If all the parties consent to the arrangement and the terms and conditions of the dual-agency agreements are clearly defined in the contracts, it can work quite successfully, but there is a problem that you are going to have to sort out with your managers. Who is their principal client? Are they the agent acting in the best interest of the strata or the investors? Take a theoretical example: In the case of bylaw violations by tenants, the managers may have to act in both parties’ interest, creating a conflict in their roles.

The Real Estate Services Act permits dual-agency agreements, but it does require the consent of all the parties. The terms and conditions for such an agreement should be in writing. In some ways, holding proxies is the same issue. If the manager is holding the proxy of the investor and they are the agent of the corporation, how could they exercise a vote on a resolution of opposing interests, without being in a conflict of interest?

For this reason, strata property regulations do not permit an employee or strata manager of the corporation to hold proxies.

Due to the complicated nature of these agreements, strata councils should consult with their lawyers to ensure they protect the interests of the strata corporation and the owners in exercising a duty and standard of care.

Tony Gioventu is the executive director of the Condominium Home Owners Association (CHOA). Contact CHOA at 604-584-2462 or toll-free at 1-877-353-2462, fax 604-515-9643 or e-mail [email protected].

© The Vancouver Province 2007

 

Lines blur between phone and PC

Sunday, October 7th, 2007

Smartphone offers Windows, QWERTY keyboard, GPS capability

Jim Jamieson
Province

What is it? Moto Q 9h mobile phone

Price: $249.99, with a contract

Rating 4 out of 5

Why you need it: You want to upgrade your smartphone and you have a need for speed.

Why you don’t: You like feeling smarter than your phone.

Our rating:

Anyone who’s been watching the evolution of the mobile phone knows the device is getting closer and closer to PC functionality.

The Moto Q 9h, Motorola’s newest smartphone, takes another step in that direction. It boasts multi-functionality in an easy-to-look-at form factor with faster connection speeds.

Just launched, the Moto Q 9h might seem at first glance like something for the mobile professional. But looked at a little closer, it’s also got an impressive array of features.

It has a tactile QWERTY keyboard to make e-mail and texting a little easier. It also offers built-in GPS capabilities and a two-megapixel camera (with flash) that is able to capture video at 15 frames per second and display it at 30. The device also comes with a microSD memory-card module for those wishing to store or display large files or a library of digital music.

Another bonus for professionals — and the rest of us — is that the Moto Q 9h uses Windows Mobile 6, so users can have the look and feel of their desktop computers. E-mails are delivered in their original HTML format and displayed as they would be on a PC. MS Word documents and Excel spreadsheets can also be viewed and edited in their original formatting.

The Moto Q 9h operates on Rogers Wireless’ new High Speed Packet Access network, which allows data users the ability to access web content at as fast as 3.6 megabytes per second.

 

© The Vancouver Province 2007

 

You’d be mad to model Vancouver on Houston

Sunday, October 7th, 2007

Province

As a Houstonian, I was amazed and angered at Randal O’Toole’s report for the Fraser Institute that promotes the insane idea Vancouver should model itself after Houston, Texas.

I grew up, live and commute in Houston and I can tell you that none of my co-workers enjoy their commute.

We have large, wide slabs of concrete freeway that cut up the city and it is still not getting us anywhere. Several friends take three freeways to get home and they still take two hours.

Toll roads won’t solve the problem. I pay almost $250 each month in tolls so I can avoid the other congested arteries and it still can take me 11/2 hours to get home. So what great city is O’Toole talking about?

Houston is most definitely unplanned. That’s how you can have oil refineries within a few miles of residences.

Houston residents are constantly fighting the “free market,” which believes adult video stores or bars should be literally next to homes, churches or schools.

The pollution and lack of planning have driven Houstonians to flee the city into distant suburbs. Gas is cheaper but if you’re driving farther, it comes out the same price.

This destroyed the tax base for Houston itself and prevented it from creating the kind of infrastructure a city needs to thrive.

Further, the distant suburban living prevented a cultural identity from forming for the city. Houston isn’t a city, it is a name attached to a collection of suburban centres which needed a central node to pass through or a name to apply to a sports team.

It has only been in the past four years after Houston finally started planning its community, including a new rail system, that we have begun to turn all that around.

We’re finally seeing people move back into the city. We’re seeing civic pride return, parks restored, and a tax base stable enough to actually fund its city.

Do people really want Vancouver to go the way of Houston, when Houston is trying to go the way of Vancouver?

Desh Sriva, Katy, Texas

 

© The Vancouver Province 2007

 

Hanging it all out online

Sunday, October 7th, 2007

You can post your whole life on the web now, but you can’t control who sees it and what they do with the information

Elaine O’Connor
Province

You can post personal pictures on social-networking sites, but you can’t control who sees them and what they do with them.

B.B. is 19 years old. She lives in Vancouver. Her favourite movies are Love, Actually, and Amelie. She reads Harry Potter, too.

She’s in her second year of university at Simon Fraser University studying political science and art history. She might go on to law school. Her e-mail is [email protected].

She took ENGL 104 first year and was sharing notes with classmates.

This year, you’ll likely find her in a second year class: Introduction to Political Philosophy (Wednesdays, 1:30 p.m. to 3:20 p.m. in room WMC3210) or Politics and Ethics (Mondays 10:30 a.m. to 12:20 p.m. in room C9000).

Her birthday is later this month. She’ll celebrate with friends (many from a Vancouver private school, which she graduated from in 2006), calling them on cell numbers they posted online, along with compromising pictures of them partying at grad and in limos. You can download all 195 of them.

When she’s not in school you may find her working at an East Vancouver Extra Foods store.

She lives nearby. You can find her complete address and home phone number on Canada411.com. You could even look up directions to her house on Mapquest.com.

If she’s not at home, you could arrange to meet her at a music show downtown: she was at Hot Hot Heat Sept. 18 at The Commodore. In the summer, you may find her at her family’s cabin in Washington.

B.B. is a complete stranger to me.

But I know all about her. (Her real name, school, birthdate, and e-mail are all online. But we’ll leave them out here, for privacy’s sake — although she chose not to use privacy settings.) I learned this and more about the pretty college student on her Facebook profile.

And she never knew a thing.

To some, this information is meaningless. But to a predator, an academic adviser or employer, a few clicks can reveal details about someone’s life that could be used against them.

– – –

Social-networking sites are coming under scrutiny for just these reasons. Groups like the Canadian Centre for Child Protection’s Cybertip.ca are trying to raise the alarm about web dangers.

“With these networking sites typically, you’re exposing everything,” says Signy Arnason, Director of Cybertip.ca.

“What’s not resonating with children is that the Internet is a public space. You’d equate it to your child going with a photo album into Safeway and allowing people who pass by to view it. You’re doing the same thing placing all this information on the Internet.”

That openness is risky. In its first year of operations, Cybertip.ca logged 5,771 reports of potential online child sexual abuse: 21,000 to date. It found 93 per cent of those lured are female, 73 per cent aged 12 to 15. Ninety-five per cent of the suspects are male.

In the most recent B.C. case, Burnaby RCMP revealed Thursday they were investigating an elementary school janitor for having online contact with a female student, though no sexual allegations have been made.

In the U.S., the National Center for Missing and Exploited Children states one out of five kids online have been propositioned.

Just last week, a 15-year-old Florida girl disappeared after she snuck out of her house to meet a 24-year-old man she’d met on MySpace — a man who turned out to be a 46-year-old sex offender.

The primary fear about the safety of social networking sites (and there are dozens besides MySpace and Facebook — see sidebar) remains sexual predators. But there are other risks for kids, too. One concern is innocent photos a child or teen uploads could be used for insidious purposes.

“Kids need to know that once a picture, once anything, is posted on the Internet quite often it is there forever,” says Const. Annie Linteau of the B.C. RCMP’s E Division.

“You don’t know who at the other end of the line is seeing that photo. You don’t know what they are doing with it. It is certainly possible for children to become victims [of sexual exploitation] without knowing the adults who are looking at the photos.”

And, adds Cybertip.ca’s Arnason, pictures on social-networking sites can also be used for bullying.

“We’ve had nude photographs of kids show up in locker rooms of schools.” Because of this, she cautions,”the focus [of online education] shouldn’t be solely ‘you’re going to have sexual offenders coming after you.’ It has to resonate with them in terms of embarrassment and humiliation that can occur.”

– – –

Adults, too, can find themselves the victim of social-networking site indiscretions.

Employers now regularly go online to Google, MySpace and Facebook to screen recruits. Suddenly, the picture of you passed out by the toilet on New Year’s is less funny.

Just last week, Public Safety Minister Stockwell Day ordered an investigation after Canadian Border Services employees were caught in a YouTube video drinking and calling Prime Minister Stephen Harper a “serial killer.”

Police are using social-networking sites, too. So be aware that the YouTube graffiti-tagging video your gang embedded on your MySpace page might not be such a good idea.

In September, Penticton RCMP used YouTube to reopen an investigation of a Highway 97 crash after they found video of a street race that may have preceded it. Hamilton police have even used YouTube to distribute surveillance video to aid in a murder investigation.

Fraudsters can also take advantage of personal details in your profile. The credit report agency Equifax recently warned consumers not to put personal information on social-networking sites for just this reason.

And finally, easy access to your social calendar and personal details can also have unintended consequences.

In the U.S., there have been cases of scholarships being rescinded after unflattering details surfaced. And in April 2007, a U.K. house was destroyed by crashers who saw an invite to a party on MySpace. The 200 revellers caused $50,000 worth of damage.

– – –

None of this has prevented Canadians from signing on to social-networking sites in droves.

An Ipsos-Reid poll this week found 37 per cent of Canadians had visited a social-networking site, and 30 per cent posted a profile. The figure rises among 18- to 34-year-olds: 63 per cent have visited a social-networking site and 55 per cent placed a profile.

Users often don’t realize the sheer number of people who have access to these profiles.

MySpace has more than 105 million registered accounts. Facebook boasts 69 million users. Nexopia, which caters to youth aged 14 to 22, has half a million registered users. Several districts — Vancouver, North Vancouver and Langley — have found it so viral they’ve banned it from school computers.

Warren Nightingale, a media education specialist with Canada‘s Media Awareness Network, admits that despite school efforts, the lure of such sites for teens remains strong.

“It’s a generation that was raised on celebrity culture, and with these sites you can create your own celebrity,” he says.

“Young people are exploring their identity and they can do so through their profiles.”

He advises the safest way to use these sites is to withhold as much as possible.

“If you use a gender-neutral nickname and avatar instead of a real name and picture you’re going to protect your privacy much more.”

Mindful of these safety concerns, some sites have taken their own precautions.

Facebook warns users that, “unless you’re prepared to attach something in your profile to a resumé or scholarship application, don’t post it.”

On MySpace, registrants must be 14 or older and every profile of a 14- or 15-year-old is automatically set to the highest level of privacy. Users 16 and older can choose their own privacy settings. Users over 18 can’t add users aged 14 or 15 as friends unless they know their full name or e-mail.

But the best way to keep your profile — and your personal details — safe might be not to post one at all.

CANADIAN INSTANCES OF LURING TEENS ONLINE

-In August, a 25-year-old Montreal man was sentenced to nine years in prison for posing as a teenager online and luring 13- and 14-year-old girls into sending him video of themselves naked. Police later found he had targeted “hundreds and hundreds of girls online.”

-In April, Langley Mountie Adam Jonathan Clarke, 23, was sentenced to one day in jail for using the Aldergrove community policing office computer to access Nexopia and chat with a 12-year-old Langley girl and a 15-year-old Richmond girl, in search of child pornography.

POPULAR SOCIAL NETWORKING SITES

– 43Things.com

– Bebo.com

– Buzznet.com

– Classmates.com

– Clubpenguin.com

– Couchsurfing.com

– LiveJournal.com

– Facebook.com

– Flickr.com

– Friendster.com

– Linkedin.com

– MEETin.org

– Meetup.com

– Minggl.com

– MySpace.com

– Nexopia.com

– Socialgrapes.com

– TeenSpot.com

– Tribe.net

– Twitter.com

– Wink.com

– Xanga.com

TIPS FOR PRESERVING PRIVACY ONLINE

-Never use your last name. Use a nickname or pseudonym. Remind friends not to refer to you by your first or last names in posts. Tell them to check with you before posting photos you appear in.

-Never post work, home, college dorm details or school schedules.

-Use the highest level of privacy settings on profiles. If you have to provide personal information to create a profile, use initials.

-Password-protect personal blog posts and photos and e-mail the password to friends and family.

-Remember police departments and university administrators can use these pages to check for illegal behaviour, threats or violations of student codes of conduct.

TIPS FOR PARENTS

-Parents should know where their kids are going online and either supervise their computer use or install controls. Parents can use keystroke programs that record their child’s activities or install filters to ban certain sites.

-Kids should never have web cams, because you can never be sure who’s watching.

-Don’t let your child use computers behind closed doors. Put the computer in the family room.

-Warn children never to meet online friends unless you are there.

-Test sites your child wants to use and learn how they work.

IT’S THIS EASY TO TRACK YOUR KIDS

In the August issue of The Atlantic writer Caitlin Flanagan stunned readers in an article on cyber safety by stalking a teenage girl. In her article, “Babes in the Woods,” she tracks a local girl she calls “Jenna” and learns about her friends, boyfriend, planned outings, even her graduation date. She even shows up at Jenna’s school at her graduation and notes the time and place of her new college classes after Jenna posts her schedule.

WHAT CANADIANS LOG ON TO

According to a recent Ipsos-Reid study, Canadian adults spend an average of over five hours a week on the sites. The most popular site for Canadians is Facebook (65 per cent), followed by Classmates.com (20 per cent), MySpace (15 per cent) and Windows LiveSpace (13 per cent).

ONLINE SAFETY RESOURCES

– Cybertip.ca

– Media-awareness.ca

– Mediafamily.org

– Kidsintheknow.ca

– Kidsrisk.harvard.edu

– WiredSafety.org

– Netsmartz.org

– ConnectSafely.org

 

© The Vancouver Province 2007

 

Bicycle computer tracks speed, warns others

Saturday, October 6th, 2007

Tech Toys

Sun

Mobile Bicycle Computer

Solio Hybrid 1000

Brother HL-4070CDW colour laser printer

Mobile Bicycle Computer, $69 Cdn

Track your speed and make your bicycle sound like a motorcycle all with this mobile bicycle computer and Bluetooth sensor. The creation of Vancouver-based Sound of Motion, this bike computer attaches to your bike wheel and transmits data via a Bluetooth connection to your Bluetooth and Java-capable mobile phone. It gives you speed, acceleration, time and distance traveled. For serious training you can upload the data from your phone to your computer for spreadsheet analysis. It has the added safety feature of a sound simulator that can warn pedestrians and cars by making your bike sound like anything from a Harley to a horse. Check out www.soundofmotion.com for a demo and ordering info.

Solio Hybrid 1000, $79 Cdn

This next generation portable solar charger from Solio has a multitude of interchangeable tips to allow for universal compatibility, with electronic devices ranging from music players to GPS systems and game consoles. Powered by the sun through its built-in solar panel, it can also be plugged into the USB cable of any computer to recharge the internal lithium ion battery that stores power for up to a year. A fully charged Solio will charge a typical mobile phone once or power 10 hours of MP3 music. One hour of sunshine equals 15 minutes of talk time or 40 minutes of music. Lest you worry about the environmental impact of manufacturing this device, its maker Better Energy Systems plans to support renewable energy projects in Africa to offset the CO2 created by its production.

Gomadic’s QuadCharge Universal Charging Station, $50 Cdn

The answer to serious gadget overload is Gomadic’s newly released universal charging station that bills itself as a command centre capable of charging up to four devices at once. That tangle of charging cords is replaced by one outgoing cord, making for a more attractive charging solution and one that won’t see you creating an octopus every time you try to boost flagging batteries. The TipExchange tips, which come separately, allow you to swap devices in and out with a click of the tip. TipExchange uses removable connector tips that snap onto the end of the cable, allowing you to tailor the charger to your collection of electronic gizmos and gadgets.

Brother HL-4070CDW colour laser printer, $630 Cdn

From Brother’s new line of colour laser printers for the home office and small business, the 4070 combines built-in automatic two-sided printing with Wi-Fi connectivity. It prints up to 21 colour pages per minute and the USB direct interface allows PictBridge and USB flash memory drive printing. Not the most expensive in the new line, which starts with the HL-4040CN at $500, but the WiFi and automatic two-sided printing are worthwhile added features.

© The Vancouver Sun 2007