The iPAD & iLAW

Posted by CotoBlogzz 06-21-2010

Arguably, Apple Computer’s iPAD is revolutionizing the publishing industry forcing changes in content creation, distribution and improvements in electronic readers.

Likewise, iLAW is having a similar impact in the common interest development (CID) debunking the premise advanced by the Community Association Institute (CAI) – self described as an advocates for legislative and regulatory policies that support responsible governance and effective management, but in reality protecting the interests of the industry:  Property management companies and attorneys for instance, at the expense of the residents.

The Homeowners association statue is intended to limit local governance simply to repair and replace.  In reality, the average local governance behaves like the current administration and US Congress asserting in words and deeds that they are above the law:  “Rules, we do not need no stinking’ rules”, as a recent Congressman responded to how the Health Care Reform legislation was passed.

So, what is iLAW? 

iLAW refers to the wealth of information now available online, gratis, to the average homeowner’s association.  Take for instance The Associations and Common Interest Living articles and columns published in the LA Times by S. Glassman and D. Vanitzian.  These generally address reader’s questions, such as what to do with a) Pushy homeowners association lawyers  or what about   Property management company's tape-recording tactics can be hazardous to homeowners and even     A board of directors making a claim subsequently denied by the insurance company  then files and ends up in the wrong side of  the court's judgment even when  the insurer made a significant offer to settle the claim but  the board turned it down, all without advising the owners. 

Even the often asked question as to why board of directors refuse to allow residents to inspect individual invoices from the association' s attorney “because they frequently contain privileged information. Instead, invoices are reviewed by the board.” Citing  Smith vs. Laguna Sur Villas Community Assn. (2000) 79 Cal.App.4th 641 arguing that the board and not the ownersis the client, and that member inspection right  do not extend to documents subject to attorney-client privilege.  The response:  Hogwash!

In the recent past, residents simply engaged in the useless ritual of sending complaints to the attorney general, the California BAR and even the District Attorney’s office.  Now, residents can simply send questions to P.O. Box 10490, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com

Then there is George K. Staropoli’s website “The website the industry and state governments don't want the public to read”

The takeaway is that the average homeowner is no longer required to wage a David v. Goliath-type of battle against her local governance.  There is iLAW, for instance.