75,000 MEMBERS OF GROUP "HOAATM" PLEAD WITH GOVERNOR SCHWARZENEGGER TO VETO THESE BAAAAAD BILLS -- YOU PROMISED YOU WOULD LISTEN TO THE PEOPLE

75,000 MEMBERS OF GROUP "HOAATM" PLEAD WITH GOVERNOR SCHWARZENEGGER TO VETO THESE BAAAAAD BILLS -- YOU PROMISED YOU WOULD LISTEN TO THE PEOPLE
2007(C) Donie Vanitzian, J.D., Arbitrator

May 31, 2007

The worst bills for owners in common interest developments with homeowner associations and boards of directors are making their way through the legislature like a runaway train and no brakes. HOMEOWNERS, IF YOU DO NOT HELP STOP THIS NOW -- YOU WILL BE IN BIG TROUBLE LATER.

Part of the problem is the California Association of Realtors, turn coats. <== OPINION! Claiming to represent real estate agents and brokers, but in realty, the mail to my articles, columns, and other publications, posits that REAL ESTATE AGENTS AND BROKERS ARE TOTALLY PISSED OFF ONCE THEY LEARN WHAT CAR IS DOING AND HOW THEY ARE DOING IT. Anyone write or call CAR and get an immediate DIRECT answer? Or did you have to beg for a succinct answer to your questions let alone get a reply? Did you wonder why that was happening? Do you understand the bills that CAR is sponsoring? Did you want CAR to sponsor bills that won't help you? Or that will increase your potential cost of doing business? Or increase your potential liability? Aren't you taking ENOUGH continuing education classes -- when the hell are they going to leave you alone so you can feed your family and have TIME to run a business?! All of this cuts into your profits by cutting into your time AWAY from your life and commitments. Isn't it is costly to be a serf of an industry with so much money? Have you asked CAR who will pay for all this? Your clients? You? Your boss? If you get sued, will CAR use your membership dues to provide a PAID DEFENSE for you? Shouldn't your membership dues be paying for something like THAT?

Contrary to OPINION POLL PUNDITS who borrow material from individuals offering to help their cause but then publish it by putting their own name to it -- or -- other HOT AIR-ALLIANCE-TYPE groups sniffing around for business by stalking homeowners and then stabbing us in the back by doing under-handed deals with the industry; the growing members of Homeowners Against Association Tyranny and Manipulation (HOAATM) don’t give two spits about Ackerman, Battin, Calderon, Correa, Dutton, Harman, Houston, Kuehl, Lowenthal, Mullin, Oropeza, and Torlakson, to name but a few. With scripted self-justification they continue to “Yea” and “Nay” as their slimy bills mature from maggots to mealworms and with eyes still closed eat their way to a Governor’s signature.

DO NOT BE FOOLED
Watch the legislative History reports, sometimes they "Yea" sometimes they "Nay" -- but one thing is for certain: THESE VOTES ARE CONTROLLED. They are controlled to make it look as if one Senator or Assemblyperson is FOR it or is NOT for it. BUT, they are all in it together like monkeys scratching the backs of campaign contributors. The ones who do not vote, or abstain, or fail to show up, are LOOKING FOR AN EXCUSE to avoid taking a side -- when in reality they are working hard behind the scenes sticking it to consumers. These legislators have a DUTY TO VOTE and show their true colors.

Apparently it is not enough to deal with the likes of the DAVIS-STUPID ACT and the CALIFORNIA LAW REVENGE COMMISSION, a wholly useless commission on a State mandated bankroll to screw things up some more, consumers must also be placated by a self-absorbed legislature whose offensive display of superiority is unsurpassed. We shall be careful not to call them what they are: CIVIL SERVANTS. How this masochistic orgy of self-righteousness ever got elected blows my mind -- and I am not alone. We have written to every Senator and Assemblyperson in the Legislature without response.


EVER TRY TO GET A LEGITIMATE CALL BACK FROM YOUR LEGISLATOR? HA!
We call, write, fax, email, we fake a smile and calm voice, but in reality we loathe you, your stupid staff, the flunkies with titles feigning interest, your demonstrably illiterate legal analysts, the so-called experts you palm us off to, and your unmitigated arrogance in thinking we actually believe that you are in a meeting, on the phone, or out of the office. Pity, you might have received your reality check sooner had political correctness not been the order of the day.

How much faster can Californians possibly tap dance to the tune of economic blackmail? California is a state plagued with massive foreclosures, unemployment, brain drain, generations of fiscal irresponsibility, budget depletions, bureaucratic gridlock, judicial incompetence, tax increases, loss of business, agriculture, trade, rental housing, and STILL it isn’t enough for Legislators to stop spending taxpayer money. Instead, their all-expense paid holiday--courtesy of taxpayers--is spent dreaming up ways to tell ME how THEY will spend MY money!

Statute after statute are borne bastards to wealthy sponsors who procreate then prostitute their illegitimate offspring to the highest subsidized bidder, who in turn agrees to cultivate the bad seeds by handing them a surname. Seemingly legitimized through adoption, these bastards look to their adoptive parents for direction and meaning. Misdirected, they run wild. These feral statutes are incorrigible and their adoptive parents, unfit. With no sense of obligation for the damage they cause, those responsible for raising their statutory beasts to maturity argue, “existing law requires” they be borne.


TELL THE SENATE, ASSEMBLY, AND GOVERNOR - *NO* - DO IT NOW!
California’s Senate and Assembly bills are increasingly irresponsible and amateurish. Most appear to be written by unskilled labor. The resulting incompetence saddles an already overburdened system, which has responded to the stress by perfecting the art of delay and diversion. That is, divert the problem elsewhere. Arbitration, mediation, administrative law judges, meet and confer, requests for resolution, and who knows what else. As the British say, “its all a wank.”

Deciphering the hieroglyphics of “legislative intent” is exhausting and expensive. Trying to somehow make the law “fit” an unjustifiable judgment is even worse. Yet that is precisely what is happening in California courtrooms. There are statutes so absurd--even judges can’t follow them. Too many times they will glance over to the attorneys that appear before them in the same courtrooms day after day for guidance and then take THEIR interpretation of the LAW! Yup, happens all the time -- and it happens to the detriment of HOMEOWNERS. GUESS WHERE THOSE BAD LAWS ORIGINATE???? These bad laws cost taxpayers hundreds of thousands of dollars while promoting a special brand of unfairness. With scales tipped favoring special interests, everyday citizens seeking justice under the repugnant law regime, simply lose. Others deplete their life savings trying to prove their innocence, let alone their case.

Consumers do not want Senate Bills 127, 528, and 948. Consumers do not want Assembly Bills 980 and 1574. These are BAD LAWS. Have the courage to kill them. Have the courage to listen to the people. While you’re at it, there’s five potholes and a broken stop sign . . .

SENATE BILL 948:

Judge on My Cousin Vinny: "You on druuuggggs?"

WHAT THE HELL KIND OF BILL IS THIS AND WHAT'S IN IT FOR HARMAN? REPEAT: I WANT TO KNOW WHAT'S IN THIS BILL FOR HARMAN?

Now owners must comply with propaganda dressed up as a mandated “educational” class. The result: bad boards remain in power indefinitely and industry hopefuls support their board campaigns - Bring on the Perks! Bring on the iron-clad contracts for money money money money, its business as usual.

— It’s not about education; it’s about opportunities for interlopers to inject themselves into private property ownership transactions.

— It is devoid meaningful enforcement; encourages the practice of law without a license; fails to provide disclosure requirements prior to purchase; prejudices “1031” exchanges for investors; discriminates against the physically challenged; creates several layers of homeownership resulting in “classes” of owners, and amounts to double taxation without representation.

— HERE’S THE BUILT-IN CONTINGENCY: It conflicts with B & P section 11018.1(c): “Unless you serve as a member of the . . . board . . . your control of the operation of the common areas and facilities is limited to your vote as a member of the association. There are actions that can be taken by the . . . board without a vote of the members of the association which can have a significant impact upon the quality of life for association members.” WHO WILL BE RESPONSIBLE FOR THIS ADMONITION WHEN ADDED TO IT: YOU CAN’T PROTECT YOUR INVESTMENT BECAUSE YOU CAN’T IMMEDIATELY SIT ON THE BOARD WITHOUT TAKING A CLASS -- OH, excuse me, you said what? You said, “BUT I PUT DOWN A DEPOSIT OF $300,000 DOLLARS, WHAT DO YOU MEAN I CAN’T SIT ON THE BOARD WITHOUT TAKIN’ A STINKIN’ CLASS!” Deals off, I not buying this place.

— It creates idiotic course requirements prejudicing titleholder rights while exempting developers; places countless contingencies on all prospective buyers, leaving sellers and sales agents holding the liability bag.

— It automatically overrides existing association governing documents that comply with Civil Code section 1363.03 creating a potential bonanza for attorneys. It fails to provide a penalty for breach, and lacks enforcement.

“Complete one course every three calendar years after becoming a member of the board.” That’s easy, get on the board, do your damage, then resign or sell within three years.

— It sets an artificially low course price of $25 to ensure its passage. Tomorrow the bill and costs will be so porked up the barbeque should feed an army of industry parasites.


SENATE BILL 127:

ANYONE WONDER WHAT IT COSTS TO PUSH A REALLY REALLY BAD BILL LIKE THIS THROUGH THE LEGISLATURE???? If this passes it will subject innocent buyers, sellers, owners and real estate salespersons to litigation and liability. The bill is redundant, poorly drafted, and has enough holes in it to make Swiss cheese look solid. Bills that are this elementary do a disservice to the public and cost homeowners in associations millions. This bill was not well thought out. Where will Senator Kuehl be when the owners living under her regime are forced to sue - only to learn that even the judge can't enforce it! Oh, never mind, I know where she'll be, over there with the industries. . .

ASSEMBLY BILLS 980 AND 1574:

IF THE AUTHORS AND THEIR STUPID SPONSORS REALLY WANTED TO PROTECT THE PUBLIC THEY WOULD BEGIN AT THE COUNTY RECORDER'S OFFICE AND PREVENT ALL UNLAWFUL RECORDATIONS!!!! But, guess what, the authors of these bills and their supporters don't want to do that!!!! ASK YOURSELF WHY NOT!!!!

They should have mandated a three week "stay" on such recordings until the owner/titleholder is notified LEGALLY BY THE COUNTY RECORDERS OFFICE **PRIOR** TO ANY RECORDATION TAKING PLACE ==> AND INCLUDE ALL TITLEHOLDERS IN COMMON INTEREST DEVELOPMENTS TO PREVENT THEIR BOARDS FROM FILING BOGUS DOCUMENTS WITHOUT OUR KNOWLEDGE.

Ask these legislators WHY they are NOT doing THAT!???

These bills are NOT about “DISCLOSURE” they are about TAKING PROPERTY AND PROPERTY RIGHTS AWAY PIECEMEAL. The two wicked sisters, AB980, AB1574 are arguably among the worst legislation in California history.

Sometimes there are SO MANY THINGS WRONG WITH A BILL its impossible to list them, but together or apart, they:

— All but halt “1031” investment property exchanges;
— By default, alter or eliminate existing and future homestead exemptions;
— Complicate and increase escrow costs, prolong the process, and
interfere with all property ownership;
— Cause unnecessary restrictions, devastating the rental market;
— Curtail commercial property purchases;
— Create a fiscal impact on the state;
— Crossover with numerous areas of existing law;
— Destroy many property rights, depleting our “bundle of sticks;”
— Encourage an influx of litigation on California’s overburdened system;
— Fail to provide mandated safeguards for abuse;
— Fail to include budgetary allocations for all County Recorder offices;
— Fail to provide qualitative methodology to support said measures, let alone their duration.
— Have a chilling effect on commerce;
— Increase paperwork for owning, buying, or selling any property;
— Increase insurance costs for owners, buyers, sellers, and real estate professionals;
— Increase mandatory dues, education, compliance requirements,
and licensing fees for all real estate professionals;
— Increase liability for all real estate professionals;
— Increase “homeless” population;
— Result in increased income for every California attorney;
— Kill mobile homeownership and sales;
— Zero-in on those who can least afford it.























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