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An Article
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CALIFORNIA PASSES 3 LAWS TO PROTECT HOMEOWNERS IN HOMEOWNER ASSOCIATIONS
A Step Forward - but a long way to go
October 08, 2005
By
Tom Beasley
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As a victim of HOA and CAI abusers in Las Vegas, I now reside in California and will never again buy a home under the domination of an HOA because of the lopsided laws that give these thieves the power to harass us and steal away our homes for ABSOLUTELY NO LEGAL REASON!
If that's not enough to satisfy their vicious natures, then the HOA/CAI abusers will acquire court judgments against us so they may seize our other assets to satisfy their ill-gotten judgments. These abusers will garnish wages, steal every penny from our bank accounts and ruin our lives -- just because state laws and corrupt judges give these abusers this power. I speak from personal experience that court documents will verify.
California's new laws are just a first "baby" step in protecting our homes and other assets from lining HOA/CAI pockets.
Even though I'm a licensed real estate broker, I do NOT belong to the California Association of Realtors (CAR) because of its intense lobbying to steal away homes in collusion with CAI.
Many people are not aware of the growing number of real estate brokers and sales agents in California who refuse to join the realtor ranks because of this and other insane policies that harm the people of California. State laws require all licensed brokers and agents to adhere to lawful and ethical behavior, not just those who join the realtor ranks.
You may have viewed television commericals proclaiming that realtors are somehow "better" or more knowledgeable or more honest than those of us who refuse to play their game.
That's not true.
In past years, the realtor associations forced licensed real estate brokers and sales agents to first join their very profitable "non-profit" organization in order to subsequently join the Multiple Listing Service. No so anymore.
The realtor associations were being threatened with anti-trust lawsuits in several states due to this practice because the realtor association and the MLS were two separate corporations. Yet, the realtor associations refused to permit brokers and sale agents to just join MLS without realtor affilitation.
Please see the California Association of Realtors (CAR) for what it is -- a long-time corrupt organization of wealthy brokers who work for big-time investers and investment groups who are just waiting to steal away your HOA-dominated home when your Board of Directors and its CAI attorneys target you and your family for eradication from the community.
Kate Davis
Sacramento, California
Posted Jan 4 2006 10:29PM CET
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Kate Davis
(View Profile)
Sacramento, California |
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Comment # 2 states" "In any election the Association is required to hire an inpendenant (writer's mis spelling, not mine) 3rd party to receive, hold and count the ballots."
This is a completely inaccurate reading of the text of this bill!
Bill states no one hired by association for other matters may act as inspector. It also allows for a member of association to be an inspector, either appointed, elected or otherwise chosen, as long as they are not a member of the board.
There are many many new, restated and exceedingly interesting provisions of the three laws just passed. It takes work, and careful accuracy to read, absorb, and get them right in order to pass the news on. Any activist who cannot find a one or more easier avenues to correct abuses through these new laws may need to study them far more carefully.
Gov. Schwartz does not need to offend many million HOA owners this year.... I hear there is a recall movement....and he has not repeated his politically risky move of last year vetoing passage of a bill to protect so many of us voters.
Somehow, despite cynics and lobbyists, real legislation has slipped through.
I find we can make it work in our HOA,...how about you in yours? God Bless all those who find a way to use these new tools, in their ongoing effort for real reform.
SV Colbert
Posted Oct 10 2005 12:24AM CEST
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SV COLBERT
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From: JopaTexas11
Date: October 9, 2005
To: ..... ahrcnews@ahrc.com ......
Subject: Please can't we do the same for TEXAS??
New HOA rights made law - Revisions affect dues, elections, foreclosures, and public records by Jake Henshaw - Desert Sun - Sacramento Bureau October 4, 2005
"Your homeowner's association can no longer claim your house if you owe less than $1,800 in dues. You now can vote in secret on who you want to represent you in your homeowner's association. And, your homeowner's association must make records available to you and other members."
Posted Oct 9 2005 11:04PM CEST
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Username withheld
, California |
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SB 61 Battin, that deals with elections, while on the face of it seems like a good law. but in reality, it will actually hurt the average homeowner.
Here's how.
In any election the Association is required to hire an inpendenant 3rd party to receive, hold and count the ballots.
Who are the likely people to do this? CPA's and Lawyers, that who and at an hourly rate of $125.00/hour it not only is expensive, but dampens any spirit or changing unfair provisions of the CC&R's, since no one can know how a vote is going until the vote is over.
Let me give you the following example. The CC&R's state that no cars can park on the street and that all cars must be parked in the driveway or in the garage. This provision would seem well and fine, but not every homeowner has a driveway and they are forced to park their third car on the street.
The Association decides that it wants to amend the CC&R's to allow this type of parking (they have to amend the CC&R's, because stingy Susan, has threatened to file a lawsuit, if the Board chooses to look the other way on this.
So the majority of the homeowners at the meetings want this amendment. So the Board hires a lawyer to write the ballot and the hire a CPA to receive, hold and count the ballots. Now, the deadline to mail in your ballot is 45 days from now. As a Board member, manager or concerned homeowner, you don't know if this is going to pass, you don't even know if you have received enough ballots to know if you need to do a second mailing.
So you see in this example this new law is bad for Associations. What about the capital improvement that everyone wants to do? Everyone wants it, but it has to go to a vote otherwise the Association is breaking their own rules and in California the law.
Just keep this in mind before you think that this is really good for elections.
AHRC Notes
Your recommendation on how California voters should vote for the following four propostions was deleted from this comment as it did not relate to this article.
Please submit your recommendation as a separate article. Include
• a summary of the propostion
• identify the proponents and opponents
• your reasons for recommending a "Yes" or "No" vote
• how its effects on the public
We suggest you include your user identity and your finiancial or political interest, if any.
Proposition 74 - Initiative Statute
Public School Teachers. Waiting Period for Permanent Status. Dismissal. Initiative Statute.
Proposition 75 - Initiative Statute
Public Employee Union Dues. Restrictions on Political Contributions. Employee Consent Requirement. Initiative Statute.
Proposition 76 - Constitutional Amendment
State Spending and School Funding Limits.
Proposition 77 - Constitutional Amendment
Redistricting
Posted Oct 9 2005 8:20PM CEST
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Username withheld
, California |
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Thank you for the information about the new HOA bills for California.
Does anyone have a link to the full text of the bills?
Will the bills become effective on Jan 1, 2006?
Thanks.
AHRC Response
Yes, these bills become effective on Jan 1, 2006?
Posted Oct 9 2005 10:47AM CEST
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Username withheld
, California |
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