CAL HOA Law

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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