HEY GRAY PANTHERS! YOU GOT IT WRONG!
(c) D. Vanitzian
May 16, 2007
The 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?
Because it is so difficult to keep up with California’s Legislature and their DIRTY TRICKS, too many groups including SENIOR GROUPS are merely taking the word of people whom they [think they] trust, as to what Senate and Assembly Bills they will support or oppose. That is a dangerous thing to do -- AND IT IS A MISTAKE!
Every common interest development owner that is subject to a homeowner association and/or a board of directors NEEDS TO remember this: Whenever you see a mandated dollar amount, that is, ANY dollar amount, even ONE DOLLAR written into a Senate or Assembly Bill:
--it automatically becomes an assessment.
--because it automatically becomes an “assessment” you cannot NOT pay it.
--because it is an assessment your property is subject to NONJUDICIAL FORECLOSURE.
--once that Senate or Assembly Bill passes it can change tomorrow.
Remember that $1.00 fee that you didn’t think was so bad, well, tomorrow it just became $100, and two months later it became $1,000, and it won’t EVER stop.
Senate Bill 948 is NOT about classes. It is about INDUSTRY SUBSIDIES and CONTROL OVER YOUR ASSETS THROUGH FORECLOSURE.
SENATE BILL 948: BAIT (HARMAN) SWITCH (LOWENTHAL)
He’s baaaaaaaaaaaaaaack . . . . . . YOU ALL REMEMBER LOWENTHAL BACK IN 2001 DON’T YOU? He was responsible for this deceitful little trick on common interest development deed-restricted owners: It took him a year to pull it off, but by golly he did it! FLASHBACK: [FN1]
This began in 2001:
AB 643 started out by Lowenthal selling it to the Senate and the Assembly co-horts that it was an Act to amend Section 12955 of the Government Code . . .
AB 643, as introduced, by Lowenthal to prevent “housing discrimination” . . .
AB 643, as amended to expand the definition of “fireman” . . .
AB 643, a year after its introduction, like a snake, Lowenthal changes it again: “An act to amend Section 1366 of the Civil Code, relating to housing” . . .
AB643, its new name: “Common interest developments: community association assessments”. . .
THE FINAL PRODUCT? THE REAL INTENT OF THAT (2001) AB643: TRANSFER FEES!!
FAST FORWARD TO 2007:
BAIT (HARMAN) SWITCH (LOWENTHAL)
Senate SNAKE Bill No. 948 states:
This bill would, in addition, as of January 1, 2009, require every member of the board of directors of an association that is comprised solely of residential separate interests complete at least one course during his or her first full term of office, and at least one course every 3 calendar years after becoming a member of the board, relating to decisional and statutory law regarding common interest developments, subject to a requirement that the course not exceed $25. !HA!
The bill would require such a course to be approved by the Department of Real Estate.* !HA! The bill would allow an association to pay for or reimburse board members for expenses associated with this requirement, as specified, and would exempt the declarant and the developer of a common interest development from this requirement until the board of directors governing that development is composed of a majority of separate interest owners. !HA! HA! HA!
*Is that the same sort of requirement for becoming a certified common interest development manager? If so, the embezzlements are UP, the theft is unabated, and the costs to homeowners is incalculable. WE DON’T NEED THAT TYPE OF APPROVAL, THANK YOU!
HOW MANY WAYS CAN YOU SPELL “FISCAL IMPACT ON THE STATE?” The laws change EVERY YEAR: How stupid is it to make the classes every THREE years?
--The DRE must have the budget to handle this.
--Will the DRE be subsidizing this education?
--The DRE must include a statutory mechanism for payment reimbursement.
--The DRE must also enforce this bill.
--The DRE must also handle complaints regarding these classes.
WHAT’S THE REAL REASON FOR THIS STUPID BILL? MONEY AND INDUSTRY CAMPAIGN CONTRIBUTIONS.
Our legislators are passing laws that at first blush look, and feel, "innocuous." They look and feel "inconsequential." They look and feel as if they are truly there to "help" *US*. But, they are "feel good" legislation with a deadly consequence and deadly cost to all deed-restricted property owners.
Our legislators USED to work for US. But, you, like me, know, that is no longer the case.
Those days are gone. Our legislators today merely pass bills as a "doorstop" --- meaning, they pass the bill in order to “hold” that place in the statute for the REAL bill that they intend to sneak in later, say maybe in a few months, a year, or a year down the line.
The legislators accomplish that by AMENDING THE BILL that they FIRST PASSED. Meaning, the Bill that everyone was CONVINCED was a "GOOD IDEA" and passed because it sounded good, will soon be amended right after it passes and when all of us relax and let our hair down. What will be said then? Well, it “sounded good at the time.”
Meanwhile, you and I pay the price for these DOORSTOPS. Boy do we ever pay a price! You probably have no idea how dear that price really is! The other problem that is plaguing us, is that we are being *USED* to assist these senators and legislators in passing these BAD bills. All of a sudden *WE* become THEIR *CAUSE.* Be we aren't REALLY their cause at all. WE (you and me) are the NEW *deep-pockets.* Why?
Because we live and own in a common interest development with a homeowners association.
This is about MONEY. OUR money. THEY want OUR money. NEARLY EVERY SENATE AND ASSEMBLY BILL PASSED, WHETHER IT STATES SO OR NOT, IS A MEANS TO THAT END: MONEY.
This nonsense about board members taking "classes" is so patently transparent to those of us in the know -- but it is sailing through the legislature. The bill is a RUSE as so many other CID and HOA bills have become -- they morph into something else later down the line when we think it is safe to come out of the water and are not paying attention. Read my new book, I write at length about that) [FN1]
Now, here's the rest of the bad news: We're losing that fight.
READ MY LETTER TO SENATOR HARMON AND LOWENTHAL BELOW TO SEE HOW BAD THIS IS. This guy's moving really fast -- I wonder what his campaign contributions were to take this bill and run with it? Call and Fax his both offices [and ALL Senators] and don't stop. and don't let him convince you we need this, we DON'T -- these guys are really smooth -- its the industry that wants it.
TELL THIS GUY: WE DON'T WANT NO STINKIN' SENATE BILL NO. 948 and to drop it.
Capitol Office Info
State Capitol, Room 2052
Sacramento, CA 95814
Phone: (916) 651-4035
Fax: (916) 445-9263
Costa Mesa Office Info
950 South Coast Dr., Ste 240
Costa Mesa, CA 92626
Phone: (714) 957-4555
Fax: (714) 957-4560
Date: April 17, 2007
--------------------------------------------------------------------------------
Dear Senator Harmon and Staff,
Thank you very much for speaking with me today. As mentioned on the phone, I have SERIOUS CONCERNS regarding several bills, in particular the aforementioned. The problem with all three bills mentioned above, is that absolutely no one in the California Legislature that I have tried to contact, will discuss these logically. I was told by a CAI LOBBYIST THAT THESE BILLS WERE A "DONE DEAL." What does THAT mean?
I CAN TELL YOU RIGHT NOW, HOMEOWNERS DO NOT WANT TO BE ANOTHER ATM FOR INDUSTRY BILLS. WE ARE TIRED OF PAYING FOR THESE GRANDIOSE PLANS PUT FORTH BY LOBBYISTS TO FURTHER THEIR OWN INDUSTRY.
It appears that these bills are headed for passing based not on logic, but on a "sound bite." However, when the sound bites disappear, and the Senators and Assemblypersons go home to their families and pension plans, those of us in residential deed-restricted common interest developments are left holding the money bag that funding those BAD BILLS.
I. Senate Bill 948: Very briefly (no room for my full analysis) The problems with this bill are foreseeable and they will clash with equal protection laws. This bill raises several red flags, and it should in my opinion, be withdrawn QUICKLY BEFORE MORE DAMAGE IS DONE. The problem involves crossover laws that will necessitate rewriting several areas of Codes because of the way the subdivision land acts are written and present mandated disclosures and internal management statutes for the operations of statutory homeowner associations, the Business and Professions Codes, Corporations Codes, etc. For full discussion please see, Vanitzian, Common Interest Developments—Homeowners Guide, (Thomson/West, 2006-2007).
Mandating even ONE HOUR of classroom instruction places a CONTINGENCY ON THE PURCHASE AND SALE of a residential deed-restricted property -- that did not exist before. Presently, all buyers are equal and can sit on their association board, just like any of the other titleholders in that development. BUT, once Senate Bill 948 passes, it places an automatic contingency on the PURCHASES AND SALES -- ONLY CAI WILL BE ABLE TO SIT ON THE BOARDS BECAUSE THE EDUCATION REQUIREMENTS WILL BE IN THEIR HANDS.
THE FUNDING FOR THIS FIASCO WILL COME FROM INCREASED ASSOCIATION DUES PAID FOR BY OWNERS WHO CAN LEAST AFFORD IT. IT WILL PREVENT THE GOOD GUYS FROM GETTING ON THEIR OWN BOARDS.
There is no proof that these INDUSTRY sponsored and taught classes will help minority titleholders -- they will just help the bad boards stay in place with help from the industry. What about those OWNERS who cannot attend classes, who do not have computers, who do not have transportation? Your bill also fails to address PARKING FEES.
Soon there will be talk of "exemptions" to taking classes, and the ball keeps rolling getting bigger and more complicated from there on. It is difficult enough to sell these monsters -- pork it up some more, and it will be impossible. This bill porks up, and complicates the purchase.
Briefly, it is poorly drafted; costly to implement; chilling effect; undue burden on buyers and owners; contradicted by crossover laws; unequivocally subject to challenge; and has a fiscal impact. California presently has millions of individuals that are unemployed, it is difficult enough to get a job, let alone find the time away from one’s own responsibilities to sit in a class -- SOMEWHERE in California.
Just GETTING there is a PROBLEM. This type of home-ownership is becoming way too complicated and this will exacerbate an already volatile situation.
--------------------------------------------------------------------------------
References
[FN1] [See Vanitzian, Common Interest Developments—Homeowners Guide (Thomson/West)]
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Showing posts with label CAR. Show all posts
Showing posts with label CAR. Show all posts
Wednesday, May 16, 2007
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CAR
The Law of Unintended Consequences: Legislation and HOA BOD Cause and Effect: Clueless in my CAR
May 16, 2007
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 associations as a function of association board of directors. It is not too big of a leap to see that resident apathy within homeowners associations, is not much different that with typical real estate agents in relationship to CAR.
Following is a letter from Vanitzian thanking a number of volunteers who collaborated in the recent defeat of SB 670
"How we live - how much we pay - and IF we pay - depends on killing these bad bills and others like them this year 2007.
Unless the people who are directly affected by this bad legislation speak up - or have a spokesperson that they support to speak up for and with the
We will continue to be condensed like high-density sardines left to fight the establishment and our tyrannical management companies and boards of directors who ARE supported by the Legislature and the industries who fund their campaigns.
It is a miserable existence and a rough place to be without unlimited disposable funds.
But it is also a "mentality" that California's legislature fashions its legislation to. That is, because the response by owners is PREDICTABLE, there is more often than not, NO response.
For those who did not fax me or get their neighbors to fax me, or did not write or contact their Senators and Assemblypersons on-the-record, ask yourself this:
Are you having difficulties in your homeowner associations?
If you are, WHERE DO, OR DID YOU, TURN FOR ASSISTANCE?
WHAT DID IT COST YOU?
---> There is no Free Tech Support for Owner's with HOA problems
If you did not turn to your Senator or Assemblyperson then WHERE DID YOU GET HELP? WHAT DID THAT HELP **COST** YOU? WHAT WILL IT COST YOU TOMORROW?
Did you receive "ACCURATE INFORMATION" and HELP that "WORKED"? How will you continue to get accurate information for FREE? Do you know ANYONE who works for free?
This legislature is using YOUR MONEY to make your living conditions as bad as it could possibly be and they are doing that because you are a sitting duck if you own ANY property in a common interest development.
You are, effectively in a "parking lot" of people for the Legislature to legislate EASILY.
The laws they are passing that affect common interest developments and properties subject to homeowners associations - IN MY OPINION - is equivalent to laws that contain and house prisoners. They want to contain US [parking lot] and do so at our expense. At least prisoners' accommodations are paid for by TAX dollars. Ours are not.
If the owners who are subject to these bad laws ARE NOT MORE VOCAL, **QUICKLY** -- THEY HAVE NO BUSINESS COMPLAINING later when they are forced to LIVE UNDER the bad legislation.
I see it ALL THE TIME, people write me and call:
"I have a problem with blah blah blah blah blah."
Me, Question: Do you know who your Senator and Assemblyperson are?
Them, Answer: No, why do I need that?!! I'm asking YOU a question regarding my board, can they do this to me?
Me, Question: At a minimum have you read the Davis-Stirling Act?
Them, Answer: No, what's that? And anyway I don't have the money to get that. [never mind that they have the money to hire lawyer after lawyer and take vacations and dine out]
Me, Question: Did you read all the governing documents pertaining to the common interest development where you bought that property?
Them, Answer: Well, I thought I did, I mean, I think I did. How would I know?
Me, Question: Do you have all of the governing documents in your possession?
Them, Answer: I have what they gave me in escrow, I think I have them somewhere.
Me, Question: Do you realize you have a deed-restricted title?"
Them, Answer: No. What's that? I'm just having a problem with my BOARD.
and the beat goes on . . . . . . . ." - D. Vanitizian
Clueless in my HOA, clueless in my CAR!
--------------------------------------------------------------------------------
Neither the LA Times nor CAR address the Wicked Twin-Witches of the West: SB 127 AND AB 980 - see below:
For legislation contact information, click here, find your representative and let them know how you feel – unless you are Clueless in my CID/HOA!
Other contact information:
James W. Litz
Government Affairs Director
Beverly Hills Greater Los Angeles Association of REALTORS®
8501 Wilshire Blvd. #340
Beverly Hills, CA 90211
P: 310-704-2767
F: 310-652-4451
Alexander E. Creel
Senior Vice President and Chief Lobbyist
CALIFORNIA ASSOCIATION OF REALTORS®
980 Ninth Street
Sacramento Ca. 95814
(916) 492-5201
(916) 444-2033 (Fax)
alexc@car.org
ACTIVE LEGISLATION
NO on Senate Bill 948
NO on Senate Bill 127
NO on Senate Bill 528
NO on Assembly Bill 563
NO on Assembly Bill 567
NO on Assembly Bill 952
NO on Assembly Bill 980
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ORANGE COUNTY BLOGS:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com
: Coto de Caza ™, Rancho Santa Margarita ™, CZ™ ™, the Dove and the Dove Canyon ™, are trademarks of @WEBO
May 16, 2007
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 associations as a function of association board of directors. It is not too big of a leap to see that resident apathy within homeowners associations, is not much different that with typical real estate agents in relationship to CAR.
Following is a letter from Vanitzian thanking a number of volunteers who collaborated in the recent defeat of SB 670
"How we live - how much we pay - and IF we pay - depends on killing these bad bills and others like them this year 2007.
Unless the people who are directly affected by this bad legislation speak up - or have a spokesperson that they support to speak up for and with the
We will continue to be condensed like high-density sardines left to fight the establishment and our tyrannical management companies and boards of directors who ARE supported by the Legislature and the industries who fund their campaigns.
It is a miserable existence and a rough place to be without unlimited disposable funds.
But it is also a "mentality" that California's legislature fashions its legislation to. That is, because the response by owners is PREDICTABLE, there is more often than not, NO response.
For those who did not fax me or get their neighbors to fax me, or did not write or contact their Senators and Assemblypersons on-the-record, ask yourself this:
Are you having difficulties in your homeowner associations?
If you are, WHERE DO, OR DID YOU, TURN FOR ASSISTANCE?
WHAT DID IT COST YOU?
---> There is no Free Tech Support for Owner's with HOA problems
If you did not turn to your Senator or Assemblyperson then WHERE DID YOU GET HELP? WHAT DID THAT HELP **COST** YOU? WHAT WILL IT COST YOU TOMORROW?
Did you receive "ACCURATE INFORMATION" and HELP that "WORKED"? How will you continue to get accurate information for FREE? Do you know ANYONE who works for free?
This legislature is using YOUR MONEY to make your living conditions as bad as it could possibly be and they are doing that because you are a sitting duck if you own ANY property in a common interest development.
You are, effectively in a "parking lot" of people for the Legislature to legislate EASILY.
The laws they are passing that affect common interest developments and properties subject to homeowners associations - IN MY OPINION - is equivalent to laws that contain and house prisoners. They want to contain US [parking lot] and do so at our expense. At least prisoners' accommodations are paid for by TAX dollars. Ours are not.
If the owners who are subject to these bad laws ARE NOT MORE VOCAL, **QUICKLY** -- THEY HAVE NO BUSINESS COMPLAINING later when they are forced to LIVE UNDER the bad legislation.
I see it ALL THE TIME, people write me and call:
"I have a problem with blah blah blah blah blah."
Me, Question: Do you know who your Senator and Assemblyperson are?
Them, Answer: No, why do I need that?!! I'm asking YOU a question regarding my board, can they do this to me?
Me, Question: At a minimum have you read the Davis-Stirling Act?
Them, Answer: No, what's that? And anyway I don't have the money to get that. [never mind that they have the money to hire lawyer after lawyer and take vacations and dine out]
Me, Question: Did you read all the governing documents pertaining to the common interest development where you bought that property?
Them, Answer: Well, I thought I did, I mean, I think I did. How would I know?
Me, Question: Do you have all of the governing documents in your possession?
Them, Answer: I have what they gave me in escrow, I think I have them somewhere.
Me, Question: Do you realize you have a deed-restricted title?"
Them, Answer: No. What's that? I'm just having a problem with my BOARD.
and the beat goes on . . . . . . . ." - D. Vanitizian
Clueless in my HOA, clueless in my CAR!
--------------------------------------------------------------------------------
Neither the LA Times nor CAR address the Wicked Twin-Witches of the West: SB 127 AND AB 980 - see below:
For legislation contact information, click here, find your representative and let them know how you feel – unless you are Clueless in my CID/HOA!
Other contact information:
James W. Litz
Government Affairs Director
Beverly Hills Greater Los Angeles Association of REALTORS®
8501 Wilshire Blvd. #340
Beverly Hills, CA 90211
P: 310-704-2767
F: 310-652-4451
Alexander E. Creel
Senior Vice President and Chief Lobbyist
CALIFORNIA ASSOCIATION OF REALTORS®
980 Ninth Street
Sacramento Ca. 95814
(916) 492-5201
(916) 444-2033 (Fax)
alexc@car.org
ACTIVE LEGISLATION
NO on Senate Bill 948
NO on Senate Bill 127
NO on Senate Bill 528
NO on Assembly Bill 563
NO on Assembly Bill 567
NO on Assembly Bill 952
NO on Assembly Bill 980
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- What is RSS?
Area Links
ORANGE COUNTY BLOGS:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com
: Coto de Caza ™, Rancho Santa Margarita ™, CZ™ ™, the Dove and the Dove Canyon ™, are trademarks of @WEBO
Thursday, May 10, 2007
One More Near Miss Avoided - Clueless in My CID/HOA
One More Near Miss Avoided - Clueless in My CID/HOA
May 10, 2007
The number one rule in the Australian Aviation Magazine’s list of Flight Rules is the one about airplane take off and landing: Every takeoff is optional, Every landing is mandatory!
It is safe to say that most travelers know that takeoffs and landings are the most dangerous part of flying, and we regularly hear news reports of “near misses. A study by Forbes.com finds that hundreds of commercial jets have come within eight seconds of colliding on runways. The study details the top most dangerous airports in the U.S., based on incident reports to the FAA. For example:
1. North Las Vegas, a small airport not, Vegas airport. It has had 63 runway incidents and six deaths since 2001.
2. Long Beach/Dougherty Field, with 78 incidents.
3. Charlotte/Douglas International, N.C., , shot into third place due to a single serious incident.
4 Los Angeles International, with 95 serious incidents since 2001,
5. Boston's Logan International. The study notes that runway mishaps are up 37 percent since 1995, due in large measure to more flights but inadequate equipment to deal with them. Find the full report here.
It is also fair to say that most of us simply dismisses these reports as “nice trivia”, “who cares, as long as it does not affect me”, or simply dismiss it all together.
Just as dangerous and important is Common Interest Development (CID/HOA) legislation, which some HOA board of directors, such as the CZ BOD simply dismiss as “ micro-managing” due to a small number of poorly managed associations.
There is no better example of such a near-miss as the recent defeat of SB 670, which the California Association of Realtors® announces in a Red Alert as “Home buyers at risk: SB 670 Defeated in Committee” and describes the defeat as “SB 670 (Correa), C.A.R.’s sponsored “Private Transfer Tax Prohibition” bill was defeated today by the Senate Transportation and Housing Committee today”. Then it adds “The legislation would have protected consumers by placing responsible restrictions on private transfer taxes levied by developers and limiting the proceeds to environmental and affordable housing efforts related to the new development on which the private transfer taxes are imposed”.
However; leaders of the anti-SB 670 think differently: “The public will never know how close they came to having permanent liens put on their properties and their hard earned money being diverted to "political charities", they probably don't even know such a thing exists, or that their trade groups would sell them down the river”
What most of us do not know is that anti-SB670 leaders describe Steven Pawera, A CAR member as a person who “ deserves a medal of honor. He looks to serve his clients honorably and to protect their interests. He ventured out and stood up and questioned the real estate industry that is vested with the power and the money through their association dues, to protect real estate professionals”, dared not to openly question the wisdom of such bill, but do so openly and taking on powerful CAR Senior Vice President and Chief Lobbyist, Alexander E. Creel
Some of Mr. Pawera’s questions to CAR are:
· Please tell me, what was the pressing need for this bill that caused CAR to sponsor it?
· Who came to CAR and said ‘please help us do this’?
· When exactly did CAR think it was a good idea to volunteer its members to become the disclosure police and deep-pockets of liability for this bill (and the eight related bills) that only will hurt the members by subjecting us to more lawsuits and higher E&O fees?
· Why is this bill being rushed through on a fast track, without adequate time for AN INFORMED analysis and response?
· Why as the sponsor, did CAR wait until almost the last minute to solicit the support of members?
· Given the deleterious effect this bill will have on members, let alone the public in general, why didn’t CAR solicit member opinions prior to ever sponsoring the bill?
· As for the bill(s) itself, SB670 completely undermines Civil Code Section 711 (even with the more recent proposed change of “adding” a subsection rather than full amendment to the actual code section), which has been in existence and served Californians well since the late 1800s.
· Why do you think it would be a good to create legislation to protect one class of homeownership but not another?
· You do realize that excluding owners of CIDs from this bill will serve only to validate, if not exacerbate, the abuses they have suffered under the Davis-Stirling Act?
· Why do you think any realtor would support legislation where he/she will be responsible for enforcing the new disclosure laws, and assuming the various risks attached to statute, all to protect a third party, unrelated to the transaction, and the private liens and transfer taxes that benefit those parties?
· If the goal of the bills was really to protect Californians from the problems we’ve seen with runaway and unaccountable private liens and transfer taxes, there are definitely better ways to do it than deceiving the membership, and rushing poorly thought out legislation into law, for which we will all inevitably pay the price.
So now that SB 670 has been defeated and that Mr. Pawera will surely be labeled as a “traitor” by CAR, all those living in CID/HOA environments can go back to a state of “Clueless in my CID/HOA”, right? If you think so, perhaps you can also consider other popular wisdom such as:
Ignorance is Bliss
What conflict of Interest?
Stupid is as stupid does
Micro-management
And if you think that way, you may want to consider that just like all those airport near misses, this is just the tip of the iceberg!
For legislation contact information, click here, find your representative and let them know how you feel – unless you are Clueless in my CID/HOA!
Other contact information:
James W. Litz
Government Affairs Director
Beverly Hills Greater Los Angeles Association of REALTORS®
8501 Wilshire Blvd. #340
Beverly Hills, CA 90211
P: 310-704-2767
F: 310-652-4451
Alexander E. Creel
Senior Vice President and Chief Lobbyist
CALIFORNIA ASSOCIATION OF REALTORS®
980 Ninth Street
Sacramento Ca. 95814
(916) 492-5201
(916) 444-2033 (Fax)
alexc@car.org
ACTIVE LEGISLATION
NO on Senate Bill 670
NO on Senate Bill 948
NO on Senate Bill 127
NO on Senate Bill 528
NO on Assembly Bill 563
NO on Assembly Bill 567
NO on Assembly Bill 952
NO on Assembly Bill 980
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:
The CotoBuzz Journal P.O. Box 154 Trabuco Canyon, CA 92678 (509) 355-8895
Privacy Policy | Need Help? | Contact Us | Administrator: cotobuzz@yahoo.com
: Coto de Caza ™, Rancho Santa Margarita ™, CZ™ ™, the Dove and the Dove Canyon ™, are trademarks of @WEBO.
May 10, 2007
The number one rule in the Australian Aviation Magazine’s list of Flight Rules is the one about airplane take off and landing: Every takeoff is optional, Every landing is mandatory!
It is safe to say that most travelers know that takeoffs and landings are the most dangerous part of flying, and we regularly hear news reports of “near misses. A study by Forbes.com finds that hundreds of commercial jets have come within eight seconds of colliding on runways. The study details the top most dangerous airports in the U.S., based on incident reports to the FAA. For example:
1. North Las Vegas, a small airport not, Vegas airport. It has had 63 runway incidents and six deaths since 2001.
2. Long Beach/Dougherty Field, with 78 incidents.
3. Charlotte/Douglas International, N.C., , shot into third place due to a single serious incident.
4 Los Angeles International, with 95 serious incidents since 2001,
5. Boston's Logan International. The study notes that runway mishaps are up 37 percent since 1995, due in large measure to more flights but inadequate equipment to deal with them. Find the full report here.
It is also fair to say that most of us simply dismisses these reports as “nice trivia”, “who cares, as long as it does not affect me”, or simply dismiss it all together.
Just as dangerous and important is Common Interest Development (CID/HOA) legislation, which some HOA board of directors, such as the CZ BOD simply dismiss as “ micro-managing” due to a small number of poorly managed associations.
There is no better example of such a near-miss as the recent defeat of SB 670, which the California Association of Realtors® announces in a Red Alert as “Home buyers at risk: SB 670 Defeated in Committee” and describes the defeat as “SB 670 (Correa), C.A.R.’s sponsored “Private Transfer Tax Prohibition” bill was defeated today by the Senate Transportation and Housing Committee today”. Then it adds “The legislation would have protected consumers by placing responsible restrictions on private transfer taxes levied by developers and limiting the proceeds to environmental and affordable housing efforts related to the new development on which the private transfer taxes are imposed”.
However; leaders of the anti-SB 670 think differently: “The public will never know how close they came to having permanent liens put on their properties and their hard earned money being diverted to "political charities", they probably don't even know such a thing exists, or that their trade groups would sell them down the river”
What most of us do not know is that anti-SB670 leaders describe Steven Pawera, A CAR member as a person who “ deserves a medal of honor. He looks to serve his clients honorably and to protect their interests. He ventured out and stood up and questioned the real estate industry that is vested with the power and the money through their association dues, to protect real estate professionals”, dared not to openly question the wisdom of such bill, but do so openly and taking on powerful CAR Senior Vice President and Chief Lobbyist, Alexander E. Creel
Some of Mr. Pawera’s questions to CAR are:
· Please tell me, what was the pressing need for this bill that caused CAR to sponsor it?
· Who came to CAR and said ‘please help us do this’?
· When exactly did CAR think it was a good idea to volunteer its members to become the disclosure police and deep-pockets of liability for this bill (and the eight related bills) that only will hurt the members by subjecting us to more lawsuits and higher E&O fees?
· Why is this bill being rushed through on a fast track, without adequate time for AN INFORMED analysis and response?
· Why as the sponsor, did CAR wait until almost the last minute to solicit the support of members?
· Given the deleterious effect this bill will have on members, let alone the public in general, why didn’t CAR solicit member opinions prior to ever sponsoring the bill?
· As for the bill(s) itself, SB670 completely undermines Civil Code Section 711 (even with the more recent proposed change of “adding” a subsection rather than full amendment to the actual code section), which has been in existence and served Californians well since the late 1800s.
· Why do you think it would be a good to create legislation to protect one class of homeownership but not another?
· You do realize that excluding owners of CIDs from this bill will serve only to validate, if not exacerbate, the abuses they have suffered under the Davis-Stirling Act?
· Why do you think any realtor would support legislation where he/she will be responsible for enforcing the new disclosure laws, and assuming the various risks attached to statute, all to protect a third party, unrelated to the transaction, and the private liens and transfer taxes that benefit those parties?
· If the goal of the bills was really to protect Californians from the problems we’ve seen with runaway and unaccountable private liens and transfer taxes, there are definitely better ways to do it than deceiving the membership, and rushing poorly thought out legislation into law, for which we will all inevitably pay the price.
So now that SB 670 has been defeated and that Mr. Pawera will surely be labeled as a “traitor” by CAR, all those living in CID/HOA environments can go back to a state of “Clueless in my CID/HOA”, right? If you think so, perhaps you can also consider other popular wisdom such as:
Ignorance is Bliss
What conflict of Interest?
Stupid is as stupid does
Micro-management
And if you think that way, you may want to consider that just like all those airport near misses, this is just the tip of the iceberg!
For legislation contact information, click here, find your representative and let them know how you feel – unless you are Clueless in my CID/HOA!
Other contact information:
James W. Litz
Government Affairs Director
Beverly Hills Greater Los Angeles Association of REALTORS®
8501 Wilshire Blvd. #340
Beverly Hills, CA 90211
P: 310-704-2767
F: 310-652-4451
Alexander E. Creel
Senior Vice President and Chief Lobbyist
CALIFORNIA ASSOCIATION OF REALTORS®
980 Ninth Street
Sacramento Ca. 95814
(916) 492-5201
(916) 444-2033 (Fax)
alexc@car.org
ACTIVE LEGISLATION
NO on Senate Bill 670
NO on Senate Bill 948
NO on Senate Bill 127
NO on Senate Bill 528
NO on Assembly Bill 563
NO on Assembly Bill 567
NO on Assembly Bill 952
NO on Assembly Bill 980
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