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A Letter
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Judiciary Committee will hear Steinberg's Anti-Foreclosure Bill and Laird's Lien Bill
Homeowners plan to write and testify
June 27, 2004
By
AHRC News Services
Copyright AHRC News Services
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The big problem with - at least condo HOA's - is THAT YOU HAVE BECOME A CORPORATE SHAREHOLDER which means EXTRA RISKS.
The local government pushes HOA's to AVOID GOVERNMENTAL RESPONSIBILITES.
Single Family HOA's make no sense as I pay PROPERTY TAXES TO MAINTAIN THE STREETS AND UTILITIES.
De-HOAizing single family homes will solve a lot of problems.
Posted Jun 29 2004 8:14PM CEST
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Stephen Hohs
(View Profile)
, California |
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June 28, 2004
According to a reporter who covers real estate news, on June 10, a group of about 2,000 California Realtors descended on the state capital in Sacramento with legislators and promote the agenda of the state association of Realtors. The California Association of Realtors sponsored eight bills this year including AB 2718.
AB 2718 stated that if fees were charged according to the provisions of Section 1563 of the Evidence Code, those fees "shall be presumed to be reasonable." It did not require that the fees be so charged.
But then along came the CAI lobbyists and that language was changed to "reasonable fees to reproduce these reserve reports," leaving "reasonable" to mean "unlimited" because there will be no limits imposed.
Evidence Code Section 1563 allows 10c a page, and clerical costs of $6 per 15 minutes (or fraction thereof) to locate documents. As most documents are on a computer these days, the costs of searching would be minimal. Using this standard an association would probably only be able to charge less than $50. for all the minutes, CC&Rs and Bylaws.
But left with no guidelines, and previous experience as to what is "reasonable", these costs will soar to unconscionable levels, and could be used to foreclose on a homeowner who could not pay them.
Unfortunately, homeowners have no such lobby group as the California Realtors to plead their cause against such a bill. We are dependant on our representatives to carry our information to the floor, and make decisions according to what is fair and just. AB 2718 allows for another scam on homeowners.
As a homeowners I am requesting the following amendment for AB 2718:
To avoid being charged unlimited copying costs that can be recorded as liens against our homes please:
1. Replace "reasonable" and "actual" charges with a requirement to use the pricing structure of Evidence Code 1563.
2. Delete the phrase "transfer fees and similar charges" from Civil Code Sec. 1366.2.
Posted Jun 29 2004 2:54PM CEST
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Sharon Stephens
(View Profile)
Cathedral City, California |
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In response to Stephen Hohs statement: "ECHO suggests that there be a $2,500 lien for HOA's with ABSOLUTE PRIORITY OVER ALL MORTGAGES which makes sense as a HOA Treasurer."
Are you nuts? Do you think the bank would give you a mortgage if your cleaning crew's bill had priority over their million dollar home mortgage?
ECHO, CAI and CACM tried to get such a law passed in 1994 and failed. Homeowner advocates and bankers worked togeher with legislators to gut their bill, and Governor Pete Wilson vetoed the rest to protect the bankers.
ECHO, CAI and CACM have always worked against the interests of homeowners and cloaked themselves with the homeowner associations corporation mantle to maximize their control and profits at the expense of the homeowners and the homeowner associations.
Posted Jun 29 2004 7:10AM CEST
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Username withheld
, California |
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Everyone should read my general post entitled "Foreclosures from a HOA Treasurer's viewpoint" posted on 5 / 16 / 2004 in the general discussion section.
1. SB 1682 and AB 2598 effectively make non-judicial foreclosure a worthless option. Small claims court is in many cases a worthless option.
ECHO suggests that there be a $2,500 lien for HOA's with ABSOLUTE PRIORITY OVER ALL MORTGAGES which makes sense as a HOA Treasurer I am not worried about late dues but rather UNCOLLECTABLE DUES. Contrary to popular belief HOA's really do have UNCOLLECTABLE HOA DUES.
SB 1682 is a lawyer's paradise, it's a guarantee that some case will end up in appellate course. The raison d etre of a non-judicial foreclosure is FOR A STRICT PROCEDURAL METHOD without
( 1 ) any redemption period
( 2 ) property value is never taken into account.
Far better to completely BAN NON-JUDICIAL FORECLOSURES ALL TOGETHER. If - which is likely to be a more and more common occurrence in the next couple of years with SPECIAL ASSESSMENTS - that the delinquent HOA dues are in the $10K+ per owner then allow for a strict JUDICIAL FORECLOSURE procedure to collect the debt. I am hearing more and more horror stories coupled with first hand observations of condo HOA's that are NOT properly maintained and broke.
2. I am waiting for a SINGLE legislator to reply to any of my letters stating that HOA's are fundamentally flawed. While I believe that all citizens should correspond to their elected officials, I have doubts that any of them read their mail.
Posted Jun 29 2004 2:33AM CEST
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Stephen Hohs
(View Profile)
, California |
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