Foreclosure lobbyists are hard at work fueling the State's booming foreclosure industry

April 28, 2005

By AHRC News Services
Copyright AHRC News Services

A review of the analysis of California homeowners association bills for 2005 shows the foreclosure industry lobbyists hard at work. By whatever means possible they are trying to preserve the foreclosure tools they wrote into the Davis Stirling Act, the homeowner association laws of California.

They are out there in full force as "proponents" and "opponents" of various foreclosure bills. In contrast, there's hardly any homeowners speaking up. Some lawmakers and consultants seem to be the mouthpieces of the lobbyists, representing corporate interests who are their donors - and sometimes their de facto owners.

Senator Ducheny's bill SB 137 which was triggered by unconscienable foreclosures for as little as $120. is opposed by the usual anti-homeowner lobbyists:

AMMCOR,
California Association of Community Managers (CACM),
Community Associations Institute (CAI),
Kocal Management Group,
La Costa Apartments Homeowners Association,
Laguna Hills Mutual No. Fifty,
Lake Forest Community Association,
Solera at Apple Valley,
Third Laguna Hills Mutual,
United Laguna Hills Mutual,
United Trustees Association (UTA),
Five individuals (Managers)

Assemblymember Tim Leslie's (D) bill was initiated by the foreclosure industry proponents and choreogragraphed by publicity company Perry Communications to counter Senator Ducheny's bill. This is the opinion of a leading legislative source for both bills. It is supported by:

Support

Albert Association Management (Property Manager)
BHE Management Corporation (community manager)
California Alliance for Retired Americans
California Association of Community Managers, Inc.
California Land Title Association
Champlaign Heights Homeowners Association, President
Clancy Lane Protective Association (community manager)
Common Development Management, Inc.
Condominium Financial Management, Inc.
Desert Resort Management (community manager)
Diablo Hills Condominium Association, President
East Lake Village Community Association (community manager)
Eugene Burger Management Corporation, Vice President
Four Seasons at Hemet Community Association (community manager)
Granite Peak Management
Imfeld & Imfeld Property Management
Indian Hills HOA, President
Kocal Management Group, Inc. (community manager)
Lake Forest Community Association, General Manager
Massingham & Associates (community manager)
McCarthy Management (community manager)
MCM, LLC, President
Merit Property Management, Inc. (Executive Director)
Moraga Country Club (community manager)
NN Jaeschke, Inc.
Park Boulevard West HOA, General Manager
Rancho Carrillo (community manager)
Riverside Management (community manager)
Sandhurst HOA, Treasurer
Shadowridge Owners' Association (community manager)
Sun City Civic Association, General Manager
The Merit Companies
United Trustees Association
Waring Place HOA, President

Opposition

Montego Homeowners Association

Following is a list of California Homeowner Association bills. Read them and get involved, It is your home, your "private contract" that is being rewritten. The lobbyists are not there to protect your interests.

The media has done a terrific job of informing you about the litigation foreclosure horrors created by the homeowner association laws that these lobbyists helped to write.

It is now up to you to watch what your lawmakers are doing and hold them responsible for protecting your property and equity rights. A voice that is not raised, is not heard. A voice that is not heard is a joy to the lobbyists.

SB 137 (Denise Ducheny) Common interest developments: assessments.

This bill would require the association to either file a civil action in small claims court or record a lien to collect delinquent assessments. The association would be prohibited from foreclosing until the amount equals or exceeds $2,500, not including specified late charges and fees,

SB 304 (Jim Battin)- Common interest developments: ombudsman.

This bill would establish the position of Common Interest Development Ombudsman in the Department of Consumer Affairs, to be
appointed by the Governor, to take and resolve complaints.

SB 186 (Jim Battin) - Common interest developments - changed to a Highway Bill .

This bill would prohibit the use of any funds of the association for the personal campaign mailings of any association official. The bill also would prohibit any mass mailing, as defined, by an association official or candidate for campaign purposes within 60 days of any election of association officials.

UPDATE: On August 18, 2005, Battin changed SB 186 to "An act to amend Sections 374 and 411 of the Streets and Highways Code,relating to highways. This bill would authorize the commission to relinquish portions of State Highway Routes 74 and 111 in Riverside County to specified local agencies under certain conditions." As usual, Jim Battin sold out the California homeowners again.

SB 61 (Jim Battin) Election - Common interest developments: elections.

This bill would require that elections within a common interest development for specified matters be held by secret ballot, as specified. The bill would prohibit a person from counting votes in an election in which he or she is a candidate. The bill would establish additional procedures for notification of elections and storage and review of election results, and would require that elections held by mailed, written ballot be conducted according to specified provisions. The bill would permit a member of an association to bring a civil action, as specified, for violations of these provisions by his or her association.

AB 619 (Tim Leslie) - Homeowner Associations - Non-Judicial foreclosure
Permits a homeowners' association to place a lien for any delinquent assessments, late charges, reasonable costs of collection and interest and that lien may be enforced after 30 days notice by any lawful means including the use of non-judicial foreclosure.

AB 1098 (Dave Jones) . Establishes election and financial records rules for common interest developments

BiILLS THAT HAVE DIED FOR 2005

SB 551 (Lowenthal ) - Common interest developments: bureau - New Tax on Homeowners - Bill did not pass the Committees in time this year - Author has made this a two year bill and will bring it up again in January 2006.

AB 770 (Mullin) - Common interest developments: ombudsperson - New Tax on Homeowners - Bill died in the Assembly Business and Professions Committee April 28, 2005 -. Author has made this a two year bill and will bring it up again in January 2006.