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Press Release
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LAIRD'S FORECLOSURE LAIR
Homeowners in Homeowner Associations Object to AB 2718
June 17, 2004
By
Peter Amherst
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"Reasonable" charges? In whose opinion "reasonable"?
Here they go again, those legislators, with that very unreasonable "reasonable" language of legislative legalese. Don't they realize how much grief this so-called "reasonable" term has caused homeowners?
"Reasonable" is a subjective term of art and is subject to a myriad of abuses by industry vendors who will cause homeowners to incur ridiculous and multiple so called "reasonable" charges that could quickly add up to very costly unreasonable dollar ammounts loss of homeowner equity and worse, their home.
Take for example what is sometimes referred to as a "transfer fee". Sounds 'important' eh? This fee has been over $150.00 charged by some management companies and is nothing more than what it takes for a receptionist to delete the name and address of one homeowner and replace it for another...............
Again.......reasonable to whom????????
'P. Flamingo'
Irvine, California
Posted Jun 22 2004 5:31PM CEST
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Username withheld
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If the law requires that a Homeowner Association corporation provide certain papers or services in the sale of a home in an Homeowner Association, then the cost of those papers or services should be
1. incurred by the realtor as the cost of doing business and taken out of their commission or
2. provided as a service by the management company for the high-dollar fees they get to push paper for the Homeowner Association, or
3. paid for by the Homeowner Association corporation itself as a condition of selling a "share" of the corporations.
Such subjective fees, costs and so called "services" should NEVER, EVER, become a lien/foreclosure on a home and just another cash cow excuse for the Homeowner Association industry vultures to feed on.
Posted Jun 22 2004 8:00AM CEST
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Username withheld
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FYI --
SEC 5, relating to Section 1368 (b) now reads (6/17 amendment):
"The association may charge a reasonable fee for this service based upon the association's actual cost to procure, prepare, and reproduce the requested items."
Posted Jun 20 2004 7:31PM CEST
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Username withheld
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I'm still confused ....
This is the original version introduced WITH the statement about reasonable charges. It's still there. So, what's the argument? What was changed by whom?
BILL NUMBER: AB 2718 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Laird
FEBRUARY 20, 2004
An act to amend Sections 1365, 1365.5, and 1368 of, and to add Section 1365.3 to, the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
AB 2718, as introduced, Laird. Common interest developments.
Existing law, the Davis-Stirling Common Interest Development Act, governs common interest developments. These provisions require, among other things, that the association of a common interest development prepare and distribute specified financial statements and other documents to the members of the development. Upon written request, the association must also provide the owner of a separate interest in the development with a copy of specified documents concerning the development. The association is authorized to charge a fee for this service not to exceed the association's reasonable cost to prepare and reproduce the requested items.
Posted Jun 19 2004 12:40AM CEST
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Username withheld
, California |
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Calfornia Voters: How to lay low Laird?
As California goes, so goes the nation and it's obvious voters made a serious mistake electing Assemblyman John Laird to serve the people because he only serves lawyers and himself.
Turn on the AHRC Petitions and create and sign petitions to remove Assemblymemer John Laird and his Legislative Director Clyde MacDonald out of office on charges they violated the constitutional oath and public trust!
Our constitution requires all citizens to have equal protection and due process but low-life Laird wants lawyers to have more profits while he adds to the homeless and the bankrupt.
The state is in grave danger of endangering life and property from earthquake and Pacific Coast Volcano activity. (cf. "earthchanges.com" and the Whittier Monitor Office for Landslides etc.)
At a time when everyone should make emergency action number one, this pair of sell outs produce a bill, AB 2718, to guarantee more liens and foreclosure. So get the ball rolling and notify his district they elected a turncoat who dishonors his constitutional oath by trying to use laws that replace the Bill of Rights for selective law enforcement and that also kills the homestead act.
All men are not created equal, some are so low they will sell their soul for a donation...all you have to do is petition and protest, the Assembly, the Senate, the office of the Governor etc and send him home where he won't do as much harm.
The supreme law of the land is the constitution and any law in conflict must be removed, along with the traitor who produced it because this land is OUR land, it was made for YOU and Me, not for lawyers?
Willowdean W. Vance
Dual Citizen, California and Florida
Posted Jun 18 2004 5:18PM CEST
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Username withheld
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