Friday, September 07, 2007

Homeowner Protection Act clears Legislature


Homeowner Protection Act clears Legislature
Originally published September 6, 2007 by the Central Business Times. Republished with permission. Further reproduction and distribution prohibited without written permission from copyright owner.

• Common interest open meeting law to governor

• ‘Mandates a fair and open democratic process’


Homeowner associations, which already act like little governments, would have to hew to some of the standards of larger regulatory bodies under a proposed state law that has gotten unanimous approval by the California Assembly and Senate.

SB 528, authored by state Sen. Sam Aanestad, R-Grass Valley, now heads to Gov. Arnold Schwarzenegger to be signed into law.

The Aanestad measure strengthens homeowner protections in common interest developments (CIDs), such as homeowner associations, by requiring all CID boards to only consider matters that are listed on an agenda during regularly scheduled meetings.

Mr. Aanestad says he introduced the bill out of concerns to the growing power of CIDs, which are private entities. Unlike private clubs, however, membership is mandatory for residents who live within a CID sphere of influence. Many homeowners view CID’s as quasi-governments because of the influence they have over the daily lives and financial well-being of individual owners.

“This measure is designed to do one thing, and one thing only -- protect home and property owners,” says Mr. Aanestad.

He says the measure will make the board of directors with all CIDs more accountable to the homeowners they serve, much in the way that the Brown Act holds local city councils and school boards accountable to the public they serve.

Current law mandates that all CID boards provide notice of meetings at least four days in advance, the law does not require the board of directors to follow what is on the agenda. As a result, the CID boards can and have taken actions without the knowledge or consent of association members, he says.

“SB 528 mandates a fair and open democratic process,” he says.

The Aanestad legislation does not prohibit residents and members of CIDs from speaking on issues that are not on the agenda, however it will prevent the board of directors from taking actions on those matters until the following meeting so other property owners can be properly notified. The legislation will still allow CID boards to take action on an item not on the agenda when an emergency situation exists

“These organizations have the power to tax through the assessment process and also have the power to regulate behavior and architecture through the operating rules,” says Mr. Aanestad. “The families who live within homeowner associations have the constitutional right to know what their leadership is up to.”

Comments on this story


Donie Vanitzian, JD 9/7/07 8:13 AM (vanitzian@ix.netcom.com)
PUH-LEEZE!! Sen. Aanestad never responded to one of my letters or the letters written to him by readers to my co-authored Los Angeles Times, "Associations" column. There is much wrong with this bill and the problems will surface after the accolades and handshakes throughout the Senate subside. Imagine the type of nerve it takes to term the most biased section of statutes "California Homeowner Protection Act." Do these legislators actually BELIEVE THAT? Where's the protection in allowing third party vendors to attend board meetings when owners are shut-out and/or owners and their representatives are shut-out, OR if they are not shut out they are served with restraining orders preventing their entry ever again. Where's the fairness in a "4-day notice" for a meeting. Get real Sacramento, this bill prejudices all of us who own property in these common interest developments -- NO THANKS to Sen. Aanestad. Sen. Bill 528 conflicts with several other statutes. The bill - like all of the Davis-Stupid Act, PROVIDES NO PENALTIES against that board and/or the homeowner association for failing to follow the law. It fails to prevent posting meeting notice at the top of a telephone poll, taking a copy of it to prove it was posted (i.e., "Hey! We gave notice") and then ripping it down immediately. Gee I wonder why no one showed up? It fails to provide PROOF that non-resident owners who may need four days travel time to attend the meeting, receive due notice. There's so much wrong with this bill I could just spit tacks but most of what is wrong with it can be found in my book "Common Interest Developments -- Homeowners Guide (Thomson-West Legal Publishers, 2006-2007). It isn't as if Sen. Aanestad was not aware of these and a MYRIAD of other issues, he was -- I wrote him on a regular basis and was dissed. Any legislator that voted yes for this bill should utterly ashamed of themselves for failing to conduct proper and adequate due dilligence. The FISCAL IMPACT of bad bills like this are, today, nearly insurmountable. Just answer this question Senator Aanestad: HOW DOES THE EVERYDAY HOMEOWNER ENFORCE THIS RIDICULOUS BILL OF YOURS? Will you be there to protect me when the machinations that you just codified take effect?
.



































RELATED STORIES

BUYERS CONTROL THE DEAL
By Stephen Glassman and Donie Vanitzian, Special to The TimesAugust 26, 2007 QUESTION:: The sales agent who stuck with me for over a year finally found me a condo that I could afford and liked. She had me use a form that she referred to as a California...

Pssst, Can I Interest You In a Lawyer?
When there are too many policemen, there can be no liberty.When there are too many soldiers, there can be no peace.When there are too many lawyers, there can be no justice.Lin Yutang (1895-1976), Chinese-American writer, translator, and editor.This...

Lawyer seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...

CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??

HOMEOWNER ASSOCIATION TITLEHOLDERS ARE "HUMAN CAPITAL"
by D. Vanitzian(c) 2007 Donie VanitzianWhen criminal liability is not charged against the "criminals" in an association, then the titleholders become the Human Capital used to fund the criminal activities and wrongdoing.

HOMEOWNER ASSOCIATIONS: A CLUB YOU DON'T WANT TO BELONG TO
This ain't no party! This ain't no disco! This ain't no community!

Dare's role in Pastures cost association $100,000
By BRENDAN J. LYONS, Senior writer First published: Sunday, Times Union August 12, 2007. Republished with permissionAugust 12, 2007 ALBANY -- An advocate for the Historic Pastures Homeowners Association, which lost more than $100,000 in...

HIRING AN ATTORNEY CAN BE HAZARDOUS TO YOUR HEALTH LEGAL
BLACKMAIL--TAKING CLIENTS HOSTAGE- Q: How can you tell when an attorney is lying? A. His lips are moving.August 10, 2007 If California can place caps on spending and caps on fees of various types of businesses -- then it needs to put caps...

BRING BACK GOVERNOR PETE WILSON
by Donie Vanitzian, JD(c) 2007 D. VanitzianYou can?t have a good old boys and girls club without a little help from friends in high places, of course, a little help from California?s State Bar wouldn?t hurt either. [FN1]Forget for a moment that the term...

Should I stay or should I go - in/from my HOA? X
First was the Delegate?s Corner blasting CZ Master Association board of director?s critics for speaking out against a corrupt delegate system and electoral process in favor of direct elections, consistent with current legislation, and consistent with the...

Casta Courier Coverage of Unhappy Campers at Leisure World
I'd like to comment on the following paragraph that was in your publication "The Casta Courier" on July 19, 2007. The second paragraph reads as follows:

SPENDING OTHER PEOPLE?S MONEY by Donie Vanitzian, JDX(c) 2007 Vanitzian
I mean really! How difficult is it to spend other people?s money? Cheech!! It?s a no brainer, especially with no statutory accountability. "Hey man, it ain't difficult" one board member tells me, he says "no one gives s**t." He proceeds to point to his...

Critics do not attend board meetings - GRF that is!
Critics do not attend Home Owner Association Meetings to learn of actions deemed necessary by their Board!August 6, 2007 Critics are principally individuals who fail to attend Home Owner Association Meetings to learn of actions deemed necessary...

The New Seven, err... Eight Wonders of the World
CZ's definition for leadership is that whenever questions are raised, the canned response is ?Remember the Reserves?! Now CZ Spin Machine has to be the Eight Wonder of the World!- August 6, 2007 The results of the NOWC?s New Seven Wonders of...

"TWIN RIVERS" = "TRIPLE PROBLEMS"
Note to the do-gooders whose glasses are corrupted by the half-full half-empty circular-argument nonsense and who want only to hear the good-of-it-all and nothing too depressing, oh, and want only smiley ha-ha journalism: Go grab your teddy bears and...

Lawyer seeking condominiums' business goes over the line
Question: I manage a large condominium project in Los Angeles. Unsolicited, an attorney sent me an invitation to meet with him over lunch. He then phoned me several times, including the day before the lunch, explaining the purpose was to speak only with...



CONDOMINIUMS ARE A GREAT INVESTMENT- FOR LAWYERS
About every two months I get a call, or a client comes in to ask me about condominiums. It usually starts off with, ?I bought this adorable little condo? and then the upstairs neighbor had a flood?. And then the Homeowners Association refused??

Paraphrasing the LA Times on Defeat of SB670 & Wicked Twin Witches of the West - SB 127 & AB-980
Taking a page out of the OC Register?s ?paraphrased reporting?, an article written by LA Times staff writer Diane Weder titled ?Bill to limit transfer fee founders?, published appropriately on May 13, 2007, quotes the president of the statewide Realtors...



Private Transfer Tax - Good for the Common Interest Development (HOA/CID) Industry or Good for the Politicians?
When we received our copy of the report that the California Association of Realtors (CAR) used to Sponsor and help draft transfer fees, we were confused. Given that Vanitzian has become an icon in Sacrament (some say a thorn in the legislature's side),...

Management company's tape-recording tactic puts homeowners at risk
Question: Because our management company has been sued before, it has a policy of recording all incoming and outgoing phone calls. Before a management employee answers the phone, there is an automatic announcement warning callers they are being recorded....

Of Trial Lawyers, the AAJ and the Democratic Party
The National College of Advocacy and AAJ Education maintain two distinct programs that recognize AAJ lawyer member efforts in pursuit of advanced legal learning and professional development?the Achievement Recognition Program and Advanced Studies in Trial...

Laguna Woods Village CC&Rs, What CC&Rs? I Got Your CC&Rs Right Here!
Coto de Caza is not the only place where the board of directors consistently either disregard the civil code, governing documents (Covenants, Conditions and Restrictions - CC&Rs) or even the moral code.



What is better in HOA Management? Transparency and Accountability or Feel Good?May 22, 2007
Mostly as a result of the Enron and Worldcom scandals, the Sarbanes-Oxley Act of 2002 known as the Public Company Accounting Reform and Investor Protection Act of 2002 and commonly called SOX; was enacted to provide business executives with less wiggle...

HOW DO OWNERS SPELL L-A-W S-U-I-T? SENATE BILL NO. 127!X
This author asks WHERE ARE THE PENALTIES AGAINST MANAGEMENT COMPANIES AND BOARDS? WHAT?S THE PENALTY FOR BREAKING THE LAWS THAT THESE LEGISLATORS ARE PASSING?



Two of the Worst & Most Detrimental Laws to Hit California are Sponsored by None Other than: California Association of Realtors (R) The Gold is Gone --No more gold in the Golden State!
Dear Governor Arnold Schwarzenegger,
SHATZI! PLEASE REMEMBER YOUR PROMISE TO US. Please listen to the people who support you and look to you to help us! When you first began buying property in California NO ONE told you what you could or could not do...

THE LAW OF INTENDED CONSEQUENCES - WHAT A DIFFERENCE A "WORD" MAKES: NO! ON ASSEMBLY BILL NO. 563
It apparently does not matter that titleholders with a vested interest in their property cannot get their legislators to carry legislation to help US, but, they can waste taxpayer funds by preventing the bills WE WANT and NEED by CHANGING *ONE* WORD in an...

EMERGENCY! EMERGENCY! OOPS! WE JUST HAD THE MEETING! YOU MISSED IT!!
So THIS is what the Senate calls an "Open Meeting." How many Open Meetings have THEY been to? Obviously not many. ROTFLMAO!



CAN YOU OUTSWIM YOUR HOA SHARKS? or will you drown trying?
Owning, let alone living in an HOA is a tough JOB and requires you be physically fit, possess a certain sophistication of the processes, and have the character let alone stamina, that allows you to be persistent in a manner that indescribable to REAL...

HEY GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007The 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?

The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CAR Coming off a most improbable but successful campaign to defeat SB 670 author and HOA advocate Vanitizian thanks supporters making a connection between the quality of legislation being passed in Sacramento, and the quality of life in most homeowners...
































Advertisement












Select Blogzz & click icon

BlogSpot FeedBurner CotoBlogzz BraveNet Y!360


Archived Issues

General Information

HOA Resources

Emergency numbers

Public Safety Resources

Crime Watch

Sex Offenders in the Area

Real Time Traffic Report

LA Times Orange County

Subscribe

- What is RSS?

Area Links

ORANGE COUNTY BLOGS:








R



To subscribe/unsubscribe to the CotoBuzz Journal or send Letters to the Editor : click here or send email to:



The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895



Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com

No comments: