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Nationwide Government Reports
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Clarification and Simplification of Common Interest Development Laws
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Public Comments on Homeowner Association Governance and Dispute Resolution
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June 23, 2006
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by
HOA Voices
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AHRC News
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The following is a report from Brian Herbert of the California Law Revision Commission. Taxpayers are financing the staff of the California Law Revision Commission to study the Davis Stirling Act and to propose changes to protect property owners. A commission oversees this staff. The commission consists of the governor's and his party's political appointees, who are advancing business and political agendas. Qualified citizens for public interest wanting to serve on the commission have been excluded. Homeowners attending the meetings of the Commission quickly discovered that the staff, legislative representatives and the Commission members cater to the lobbyists at the meetings. In contrast, homeowner proposals for legislation that curb foreclosures and equity stripping profits for lawyers fees and the real estate and banking industries will not be addressed. Based on the nature of the current Commission, homeowners should: 1. Monitor the work and recommendations of the staff of the California Law Revision 2. Monitor the makeup, conflicts of interest and voting by the members appointed to this Commission 3. Provide written and web published input to the Commission
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WHY ARIZONA HOMEOWNER PROTECTION BILLS MAY NOT PASS
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Lawyers, Real Estate and Insurance Lobbyists Are Contributing Heavily To Lawmakers Chairing Key Committees
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April 4, 2006
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by
Linda Geist Gehring
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AHRC News
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It appears there is good reason, at least in Arizona, that lawmakers may not pass the homeowner protection bills that were drafted earlier this session - legislative loyalty to campaign contributors. Lawyers, real estate and insurance lobbyists are contributing heavily to the lawmakers. The chairmen for two of the committees charged with hearing the bills, Senator Jim Waring and Senator Chuck Gray of the Government and Federal Property Mandates Committees, respectively, appear to be heavily funded by lobbyists opposing homeowner association reform. Below is a breakdown of their campaign contributors. You might check out your state legislators' contribution list for a reality check to see where their loyalties truly lie.
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A PROPOSAL FOR CREATING THE OFFICE OF OMBUDSMAN FOR CALIFORNIA COMMON INTEREST DEVELOPMENTS
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A Background paper by staff consultant David Link on the California Joint Committee on Boards, Commissions & Consumer Protection
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January 26, 2006
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by
David Link - Committee on Boards,Comm & Consum
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AHRC News
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The primary goal of the Joint Committee on Boards, Commissions and Consumer Protection is systematically to "examine and evaluate all boards and commissions to ensure they are effectively, efficiently, and transparently administered in the public interest." David Link the senior staff consultant for this committee authored this government report titled "Proposal For Creating The Office Of Ombudsman For Common Interest Developments in California (November 17, 2006)" . His proposal parrots the foreclosure industry (CAI, ECHO, CACM) propaganda and omits the voices of homeowners , and pro-homeowner advocates and groups. American Homeowners Resource Center
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Do one-party foreclosable contractual liens on the land by the developer that supersede the homestead rights created in Article XVI, Section 50 of the Texas Constitution violate[s] the Texas Homestead Act?
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An opinion by the Texas Attorney General and his staff
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December 9, 2004
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by
Amy McCorkle
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AHRC News
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An opinion by the Texas Attorney General and his staff on whether the placement of one-party foreclosable contractual liens on the land by the developer that supersede the homestead rights created in Article XVI, Section 50 of the Texas Constitution violate[s] the Texas Homestead Act
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What To Do About Problems With Your Homeowners Association
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Advice from New York State Attorney General's Office
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October 12, 2004
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by
New York Attorney General - Eliot Spitzer
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AHRC News
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Members of homeowners associations who are unhappy with how their association is acting (or not acting) often do not know what they can do. This paper is designed to tell such homeowners about some of their rights .
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Section 19 of the Summer Resort Owners Corporation Act, MCL 455.219, summer resort corporation's members for the assessment of annual dues.
A summer resort corporation's bylaw authorizing the assessment of annual dues against its members by a vote of fewer than a majority of its members is inconsistent with section 19 of the Summer Resort Owners Corporation Act, and is therefore unenforceable.
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HOMEOWNER ASSOCIATION FORECLOSURE: DOES THE PUNISHMENT FIT THE OFFENSE?
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One's home can be at risk in homeowner associations
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January 10, 2004
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by
Mark Stivers
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California Senate Housing Committee
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While homeowner associations must have the ability to collect assessment owed them, they do have a variety of collections tools at their disposal. Given that the loss of one's home and the loss of equity is a very high price to pay for missing payments to the homeowners association, the question is raised: Is foreclosure an appropriate tool for homeowners associations to use to collect debts? Or should the association be treated like the majority of other creditors that do not have immediate access to foreclosure?
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Florida Homeowner Association Task Force Report
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Final Report - February 2004
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February 1, 2003
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by
Florida Homeowner Association Task Force
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AHRC News
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The Florida Homeowners' Association Task Force, a cross-section of representatives involved with homeowners' associations, was created at the Governor's request to harmonize and improve relations between homeowners, homeowners' associations and other related intities. The members have provided input and made recommendations for legislative change consistent with his vision for government and regulation.
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Report on legal fees and foreclosure powers of Texas Homeowner Associations
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Legislative Proposals to the Texas Senate
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January 15, 2002
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by
LAWYERS FOR HOMEOWNERS
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Lawyers for Homeowners - Texas
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After its public hearing in Houston on January 16, 2002, the Property Owner Association Subcommittee invited an Attorney Task Force to consider options for legislation. We – the Attorney Task Force – held three meetings, moderated by Cathy J. Sisk, Chair of the Legislative Committee for Harris County Attorney Mike Stafford, and a conference call with Senate Staff.
Lawyers for homeowners made multiple proposals for legislation, including proposals noted in this report. Of the proposals, Property Owners Associations lawyers have agreed to almost none. As to most proposals, POA lawyers raised various objections.
The two groups remain far apart with respect to basic issues that they discussed, and many important issues were not even discussed by the Task Force, much less resolved.
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Common Interest Development Law
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Procedural Fairness in Association Rulemaking and Decisionmaking
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January 1, 2001
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by
Nathaniel Sterling
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California Law Revision Commission
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California Law Revision Commission
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-- Current as of January 1, 2002 --
Governing Statute: Government Code §§ 8280-8298
[Added by 1984 Cal. Stat. ch. 1335, § 2; see also 1985 Cal. Stat. ch. 106, § 45 (amending Section 8295); 1989 Cal. Stat. ch. 152, § 1 (adding Section 8298). Formerly Gov't Code §§ 10300-10340, added...
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The paper addresses the consideration of of common interest (CID) law being undertaken by the California Law Revision Commission (CLRC)
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This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
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Report No. CS 98-17 CABLE SERVICES ACTION November 20, 1998
COMMISSION ADOPTS RULES ON USE OF SATELLITE DISHES AND OTHER OVER-THE-AIR RECEPTION...
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