Florida put such a bill into law; California doesn't see the need for homeowner bill of rights; Arizona likes ex post facto amendments

May 02, 2008

By George K. Staropoli (View author info)

Florida put such a bill into law; California doesn't see the need for homeowner bill of rights; Arizona likes ex post facto amendments

Florida Governor Crist signed Rep. Robaina's H995 into law today, taking a major step to protect homeowners in condos/hoas from abusive boards. As depicted in video documentaries from the Tampa hearing of Robaina's House Select committee, there's is flagrant violation of state laws and governing documents, and a display of disdain toward democratic process of legislative hearings. See FL -SELECT videos on the HOAGOV Channel. Congratulations to FL Rep. Robaina and the hard work of his committee and supporting legislators.

On the other side of the coin, California Assembly committees approved the CLRC's (CA Law Review Commission) rewrite of its Davis-Stirling Act for HOAs/condos, called CIDs. Unlike the adoption of the US Constitution, CLRC and the committee members don't feel the need for a Member Bill of Rights to be included at the same time as the proposed legislation, SB1921, is being asked for adoption. The bill was submitted with CLRC's recommendation of an empty Chapter 2, Member Bill of Rights. I view this as a vote for the New America of authoritarian, HOA private governments that are in opposition to the principles of American democracy.

And in Arizona, SB1162 that will prohibit ex post facto HOA "law" changes -- CC&R amendments -- as the US Constitution prohibits ex post facto amendments still battles adoption. A similar earlier bill, HB 2724, died at the hands of the House Rules Chair, and Speaker Pro Tempore, who refused to hear it in the perfunctory Rules Committee. Another vote for the New America of private governments outside the Bill of Rights. There is still time to "do right" in Arizona to protect the rights of the people living in HOAs.