HEY GRAY PANTHERS! YOU GOT IT WRONG!

HEY GRAY PANTHERS! YOU GOT IT WRONG!

(c) D. Vanitzian

May 16, 2007

The Gray Panthers are on record as SUPPORTING A BAD BAD BAD BAD BILL: Senate Bill Number 948. SHAME ON YOU. Where the heck are you getting your information from?

Because it is so difficult to keep up with California’s Legislature and their DIRTY TRICKS, too many groups including SENIOR GROUPS are merely taking the word of people whom they [think they] trust, as to what Senate and Assembly Bills they will support or oppose. That is a dangerous thing to do -- AND IT IS A MISTAKE!

Every common interest development owner that is subject to a homeowner association and/or a board of directors NEEDS TO remember this: Whenever you see a mandated dollar amount, that is, ANY dollar amount, even ONE DOLLAR written into a Senate or Assembly Bill:

--it automatically becomes an assessment.

--because it automatically becomes an “assessment” you cannot NOT pay it.

--because it is an assessment your property is subject to NONJUDICIAL FORECLOSURE.

--once that Senate or Assembly Bill passes it can change tomorrow.

Remember that $1.00 fee that you didn’t think was so bad, well, tomorrow it just became $100, and two months later it became $1,000, and it won’t EVER stop.

Senate Bill 948 is NOT about classes. It is about INDUSTRY SUBSIDIES and CONTROL OVER YOUR ASSETS THROUGH FORECLOSURE.

SENATE BILL 948: BAIT (HARMAN) SWITCH (LOWENTHAL)

He’s baaaaaaaaaaaaaaack . . . . . . YOU ALL REMEMBER LOWENTHAL BACK IN 2001 DON’T YOU? He was responsible for this deceitful little trick on common interest development deed-restricted owners: It took him a year to pull it off, but by golly he did it! FLASHBACK: [FN1]

This began in 2001:

AB 643 started out by Lowenthal selling it to the Senate and the Assembly co-horts that it was an Act to amend Section 12955 of the Government Code . . .

AB 643, as introduced, by Lowenthal to prevent “housing discrimination” . . .

AB 643, as amended to expand the definition of “fireman” . . .

AB 643, a year after its introduction, like a snake, Lowenthal changes it again: “An act to amend Section 1366 of the Civil Code, relating to housing” . . .

AB643, its new name: “Common interest developments: community association assessments”. . .

THE FINAL PRODUCT? THE REAL INTENT OF THAT (2001) AB643: TRANSFER FEES!!

FAST FORWARD TO 2007:

BAIT (HARMAN) SWITCH (LOWENTHAL)

Senate SNAKE Bill No. 948 states:

This bill would, in addition, as of January 1, 2009, require every member of the board of directors of an association that is comprised solely of residential separate interests complete at least one course during his or her first full term of office, and at least one course every 3 calendar years after becoming a member of the board, relating to decisional and statutory law regarding common interest developments, subject to a requirement that the course not exceed $25. !HA!

The bill would require such a course to be approved by the Department of Real Estate.* !HA! The bill would allow an association to pay for or reimburse board members for expenses associated with this requirement, as specified, and would exempt the declarant and the developer of a common interest development from this requirement until the board of directors governing that development is composed of a majority of separate interest owners. !HA! HA! HA!

*Is that the same sort of requirement for becoming a certified common interest development manager? If so, the embezzlements are UP, the theft is unabated, and the costs to homeowners is incalculable. WE DON’T NEED THAT TYPE OF APPROVAL, THANK YOU!

HOW MANY WAYS CAN YOU SPELL “FISCAL IMPACT ON THE STATE?” The laws change EVERY YEAR: How stupid is it to make the classes every THREE years?

--The DRE must have the budget to handle this.

--Will the DRE be subsidizing this education?

--The DRE must include a statutory mechanism for payment reimbursement.

--The DRE must also enforce this bill.

--The DRE must also handle complaints regarding these classes.

WHAT’S THE REAL REASON FOR THIS STUPID BILL? MONEY AND INDUSTRY CAMPAIGN CONTRIBUTIONS.

Our legislators are passing laws that at first blush look, and feel, "innocuous." They look and feel "inconsequential." They look and feel as if they are truly there to "help" *US*. But, they are "feel good" legislation with a deadly consequence and deadly cost to all deed-restricted property owners.

Our legislators USED to work for US. But, you, like me, know, that is no longer the case.

Those days are gone. Our legislators today merely pass bills as a "doorstop" --- meaning, they pass the bill in order to “hold” that place in the statute for the REAL bill that they intend to sneak in later, say maybe in a few months, a year, or a year down the line.

The legislators accomplish that by AMENDING THE BILL that they FIRST PASSED. Meaning, the Bill that everyone was CONVINCED was a "GOOD IDEA" and passed because it sounded good, will soon be amended right after it passes and when all of us relax and let our hair down. What will be said then? Well, it “sounded good at the time.”

Meanwhile, you and I pay the price for these DOORSTOPS. Boy do we ever pay a price! You probably have no idea how dear that price really is! The other problem that is plaguing us, is that we are being *USED* to assist these senators and legislators in passing these BAD bills. All of a sudden *WE* become THEIR *CAUSE.* Be we aren't REALLY their cause at all. WE (you and me) are the NEW *deep-pockets.* Why?

Because we live and own in a common interest development with a homeowners association.

This is about MONEY. OUR money. THEY want OUR money. NEARLY EVERY SENATE AND ASSEMBLY BILL PASSED, WHETHER IT STATES SO OR NOT, IS A MEANS TO THAT END: MONEY.

This nonsense about board members taking "classes" is so patently transparent to those of us in the know -- but it is sailing through the legislature. The bill is a RUSE as so many other CID and HOA bills have become -- they morph into something else later down the line when we think it is safe to come out of the water and are not paying attention. Read my new book, I write at length about that) [FN1]

Now, here's the rest of the bad news: We're losing that fight.

READ MY LETTER TO SENATOR HARMON AND LOWENTHAL BELOW TO SEE HOW BAD THIS IS. This guy's moving really fast -- I wonder what his campaign contributions were to take this bill and run with it? Call and Fax his both offices [and ALL Senators] and don't stop. and don't let him convince you we need this, we DON'T -- these guys are really smooth -- its the industry that wants it.



TELL THIS GUY: WE DON'T WANT NO STINKIN' SENATE BILL NO. 948 and to drop it.

Capitol Office Info

State Capitol, Room 2052

Sacramento, CA 95814

Phone: (916) 651-4035

Fax: (916) 445-9263



Costa Mesa Office Info

950 South Coast Dr., Ste 240

Costa Mesa, CA 92626

Phone: (714) 957-4555

Fax: (714) 957-4560

Date: April 17, 2007


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Dear Senator Harmon and Staff,

Thank you very much for speaking with me today. As mentioned on the phone, I have SERIOUS CONCERNS regarding several bills, in particular the aforementioned. The problem with all three bills mentioned above, is that absolutely no one in the California Legislature that I have tried to contact, will discuss these logically. I was told by a CAI LOBBYIST THAT THESE BILLS WERE A "DONE DEAL." What does THAT mean?

I CAN TELL YOU RIGHT NOW, HOMEOWNERS DO NOT WANT TO BE ANOTHER ATM FOR INDUSTRY BILLS. WE ARE TIRED OF PAYING FOR THESE GRANDIOSE PLANS PUT FORTH BY LOBBYISTS TO FURTHER THEIR OWN INDUSTRY.

It appears that these bills are headed for passing based not on logic, but on a "sound bite." However, when the sound bites disappear, and the Senators and Assemblypersons go home to their families and pension plans, those of us in residential deed-restricted common interest developments are left holding the money bag that funding those BAD BILLS.

I. Senate Bill 948: Very briefly (no room for my full analysis) The problems with this bill are foreseeable and they will clash with equal protection laws. This bill raises several red flags, and it should in my opinion, be withdrawn QUICKLY BEFORE MORE DAMAGE IS DONE. The problem involves crossover laws that will necessitate rewriting several areas of Codes because of the way the subdivision land acts are written and present mandated disclosures and internal management statutes for the operations of statutory homeowner associations, the Business and Professions Codes, Corporations Codes, etc. For full discussion please see, Vanitzian, Common Interest Developments—Homeowners Guide, (Thomson/West, 2006-2007).

Mandating even ONE HOUR of classroom instruction places a CONTINGENCY ON THE PURCHASE AND SALE of a residential deed-restricted property -- that did not exist before. Presently, all buyers are equal and can sit on their association board, just like any of the other titleholders in that development. BUT, once Senate Bill 948 passes, it places an automatic contingency on the PURCHASES AND SALES -- ONLY CAI WILL BE ABLE TO SIT ON THE BOARDS BECAUSE THE EDUCATION REQUIREMENTS WILL BE IN THEIR HANDS.

THE FUNDING FOR THIS FIASCO WILL COME FROM INCREASED ASSOCIATION DUES PAID FOR BY OWNERS WHO CAN LEAST AFFORD IT. IT WILL PREVENT THE GOOD GUYS FROM GETTING ON THEIR OWN BOARDS.

There is no proof that these INDUSTRY sponsored and taught classes will help minority titleholders -- they will just help the bad boards stay in place with help from the industry. What about those OWNERS who cannot attend classes, who do not have computers, who do not have transportation? Your bill also fails to address PARKING FEES.

Soon there will be talk of "exemptions" to taking classes, and the ball keeps rolling getting bigger and more complicated from there on. It is difficult enough to sell these monsters -- pork it up some more, and it will be impossible. This bill porks up, and complicates the purchase.

Briefly, it is poorly drafted; costly to implement; chilling effect; undue burden on buyers and owners; contradicted by crossover laws; unequivocally subject to challenge; and has a fiscal impact. California presently has millions of individuals that are unemployed, it is difficult enough to get a job, let alone find the time away from one’s own responsibilities to sit in a class -- SOMEWHERE in California.

Just GETTING there is a PROBLEM. This type of home-ownership is becoming way too complicated and this will exacerbate an already volatile situation.




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References

[FN1] [See Vanitzian, Common Interest Developments—Homeowners Guide (Thomson/West)]


























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