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?
.
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