Tuesday, June 19, 2007

KUEHL: PIMP MY HOA!!

COLUMN

KUEHL: PIMP MY HOA!!

June 19, 2007

Attention: All Real Estate Brokers and Agents the California Association of Realtors has sold you down the river -- let the litigation begin . . .

Attention: All Insurance Brokers and Agents you will NEVER be able to sell insurance again like you used to--because you're liability just increased with the cost of insurance. . .

by Donie Vanitzian, J.D., Arbitrator
(c)2007 Vanitzian



75,257 HOAATM Members Say NO! to Senate Bill 127



HOAATM wants to know why Senator Kuehl is protecting homeowner association management companies and boards of directors AND NOT THE OWNERS?

Senate Bill 127 at first glance looks may look like something everybody wants? WRONG! It is something NO BODY wants. This is one of those “signal right--turn left” bills.

There are NO protections in Senate Bill 127 for residential deed-restricted PROPERTY owners -- this bill places us at risk.

There are NO protections in Senate Bill 127 for California Real Estate Brokers and Agents.

Homeowners complain, year after year that their management companies and boards sabotaged their sales. Management companies and boards interfere with costs of escrow. Management companies and boards drive up the costs of selling and drive up the escrow costs -- and in too many other cases, actually prevent the owner from realizing their profit from sale because of an incredible array of legal machinations they are able to unilaterally use against the seller and the seller’s agents.

Senator Kuehl’s Senate Bill 127 will prolong escrows, prevent sales, and subject all real estate professionals -- including the seller -- to LAWSUITS.

ANYBODY SMELL CAI?
ANYBODY SMELL INDUSTRY SPECIAL INTERESTS?
ANYBODY SMELL MANAGEMENT COMPANY INTERFERENCE A-G-A-I-N-?

The Davis-Stupid Act puts the entire burden of producing such documents on the SELLER -- not the arrogant board -- not the aider and abettor management companies -- it puts the THREAT OF LITIGATION ON THE OWNER!!

A-N-D to make it worse, Senator Kuehl has just DELETED THESE SECTIONS FROM SENATE BILL 127:


DELETED:
Existing law requires an association of a common interest development, if requested by the owner of the separate property interest, to deliver a copy of the information required to be disclosed by that owner within 10 days of the mailing or delivery of the request, as specified. This means she REMOVED the PROTECTIONS that EXIST IN THE LAW FOR US!

DELETED:
The bill would require an association of a common interest development, if requested by the owner of the separate property interest, to deliver a copy of the information required to be disclosed by that owner within 7 days of the mailing or delivery of the request. If we think we had problems before, we haven't begun to see what we are headed for now!

If you think THAT’S bad, get a load of what she did here:

AMENDED:
The bill would require, in the case of a sale of a separate interest in a common interest development, that the necessary disclosures be made as soon as practicable before transfer of title but no later than [[[[ DELETED: 10 ]]]]] [[[[[ INSERTED: 20 ]]]]] calendar days after the execution of the purchase agreement to purchase title to the separate interest or execution of a real property sales contract.


HOAATM ASKS SENATOR KUEHL:
WILL YOU BE THERE DURING MY ESCROW TO PROTECT ME WHEN I CAN’T CLOSE ESCROW IN 30-DAYS BECAUSE *YOU* HAVE GIVEN ME LITTLE TIME TO PERFORM MY STATUTORY DUTIES TO THE BUYER???

HOAATM ASKS SENATOR KUEHL:
WILL YOU BE THERE WHEN I GET SUED FOR NON-PERFORMANCE ON MY STATUTORY DUTIES TO THE BUYER?

HOAATM ASKS SENATOR KUEHL:
WILL YOU BE THERE WHEN MY BOARD AND MANAGEMENT COMPANY INSTEAD GIVE ME “BLANK PIECES OF PAPER” OR “EXPIRED INFORMATION” INSTEAD OF WHAT WAS DEMANDED IN ESCROW IN ORDER FOR ME TO FULFILL MY OBLIGATION TO THE BUYER BEFORE 30-DAY CLOSING?

HOAATM ASKS SENATOR KUEHL:
WILL YOU BE THERE WHEN MY BOARD AND MANAGEMENT COMPANY SABOTAGE MY SALE BY NOT COMPLYING WITH YOUR SENATE BILL 127 AND I GET SUED?



Please take one minute and write/fax/call Senator Kuehl NOW
She has just increased our cost of doing business!


Phone: (916) 651-4023
Fax: (916) 324-4823
State Capitol, Room 5108

Sacramento, CA 95814

























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