California Homeowner Association Law
CalHomeLaw Against AB-1799
Because the legislation would give boards the power to decide (1) who can vote and (2) who can run for office and (3) to cancel elections altogether.
Homeowners will remember Wittenberg: this was the 2013 California Appeals Court ruling that associations SHALL give dissenting homeowners equal access to association media (newsletters, bulletin boards, website, dedicated cable channel, etc) to present their opposing views.
In Wittenberg, the association wouldn’t even let the homeowners RENT MEETING space to discuss their opinions. [The election was later invalidated by the lower courts.]
CAI’s Adams Kessler and 20 other law firms – who are all members of CAI -- petitioned the California Supreme Court to overturn the Wittenberg ruling. [The Supreme Court
refused.]
The Adams Kessler petition is posted on the CCHAL website here:
http://www.calhomelaw.org/PDF/Adams%20Kessler%20petition%20to%20Sup%20Ct%20re%20Wittenberg.pdf
The letter signed by the 20 association law firms is posted here: http://www.calhomelaw.org/doc.asp?id=1593
[Read the list to see if your association’s lawyers signed the petition to overturn Wittenberg.]
AB1799 is a bad bill. So says advocates for homeowner
rights:
• the Rutgers Constitutional Law Center;
• the California Alliance for Retired Americans (CARA);
• the Center for California HOA Law (CCHAL.)
A homeowner’s RIGHT TO VOTE is created the moment s/he
buys an association home just as a new citizen acquires
voting rights the moment they’re sworn in as a new
American.
Don’t let CAI and CACM get this bill off the Assembly
floor.
CALL YOUR ASSEMBLY MEMBER AND URGE A ‘NO’ VOTE ON AB1799
WHEN IT IS VOTED ON THURSDAY ON THE ASSEMBLY FLOOR.
Don’t know who your Assembly Member is? Go here to find
out http://findyourrep.legislature.ca.gov/
PHONE THE SACRAMENTO OFFICE (NOT THE DISTRICT OFFICE) AND
IDENTIFY YOURSELF AS A VOTER IN THE DISTRICT AND URGE A
‘NO’ VOTE ON AB1799.
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