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Information about California Senate Transportation And Housing Committee California Senate Transportation And Housing Committee Capitol Building, Room:2195 Sacramento, California 95814 Phone: (916)651-4121     Fax: (916)445-2209 http://www.senate.ca.gov Rank: No ranking. Summary: Transportation Committee meets every 1st and 3rd Tuesdays at 1:30 P.M. in Room 4203. JURISDICTION: Bills relating to the operation, safety, equipment, transfer of ownership, licensing and registration of vehicles, aircraft and vessels. Legislation affecting the Department of Transportation and the Department of Motor Vehicles. Bills relating to waterways, harbors, highways, public transportation systems and airports. Bills relating to housing and community development, including those that affect state housing programs for low- and moderate-income families, housing elements and land use approvals for housing developments, the housing obligations of redevelopment agencies, manufactured housing, building codes and standards, common interest developments, and enterprise zones. Mark Stivers, the consultant and analyst for homeowner association bills wrote the first honest California government report on Homeowner Associations HOMEOWNER ASSOCIATION FORECLOSURE: DOES THE PUNISHMENT FIT THE OFFENSE? - Mark Stivers Other Information: Members: Senator Alan Lowenthal - Chair Senator Tom McClintock (Vice-Chair) Senator Roy Ashburn Senator Gilbert Cedillo Senator Denise Ducheny Senator Christine Kehoe Senator Michael Machado Senator Abel Maldonado Senator Bob Margett Senator Kevin Murray Senator George Runner Senator Joe Simitian Senator Nell Soto Senator Tom Torlakson - former chair , now Democratic Caucus Leader Staff: Chief Consultant: Carrie Cornwell Staff Director: Principal Consultant: Randall Henry Consultant: Mark Stivers Assistant Tracey Hurd-Parker Updated January 9, 2006

Page # 1 2 13. California Senate Transportation And Housing Committee - Archived January 2005     Archived- January 9, 2005 Transportation Committee meets every 1st and 3rd Tuesdays at 1:30 P.M. in Room 4203. JURISDICTION: Bills relating to the operation, safety, equipment, transfer of ownership, licensing and registration of vehicles, aircraft and vessels. Legislation affecting the Department of Transportation and the Department of Motor Vehicles. Bills relating to waterways, harbors, highways, public transportation systems and airports. Mark Stivers, the consultant and analyst for homeowner association bills wrote the first honest California government report on Homeowner Associations HOMEOWNER ASSOCIATION FORECLOSURE: DOES THE PUNISHMENT FIT THE OFFENSE? - Mark Stivers Members: Senator Tom Torlakson (Chair) Senator Tom McClintock (Vice-Chair) Senator Roy Ashburn Senator Gilbert Cedillo Senator Denise Ducheny Senator Christine Kehoe Senator Alan Lowenthal Senator Michael Machado Senator Abel Maldonado Senator Bob Margett Senator Kevin Murray Senator George Runner Senator Joe Simitian Senator Nell Soto Addresses & Staff: Chief Consultant: Carrie Cornwell Staff Director: Steven Schnaidt (Retired December 2005) Principal Consultant: Randall Henry Consultant: Mark Stivers Assistant Tracey Hurd-Parker Phone: (916)651-4121 Room 2209 Updated April 6, 2005 Posted Jan 10 2006 2:06AM CET     AHRC Staff (View Profile) , California   12. 2004 Archilve of Committee - California Senate Transportation And Housing Committee     Mark Stivers - chief consultant Joy Traylor, assistant Edgar Zazueta - Consultant working on HOA foreclosure bill JURISDICTION: Bills relating to housing and community development. Mark Stivers wrote the first honest California government report on Homeowner Associations HOMEOWNER ASSOCIATION FORECLOSURE: DOES THE PUNISHMENT FIT THE OFFENSE? - Mark Stivers Housing and Community Development meets 1st and 3rd Mondays at 1:30 pm in Room 3191. Updated March 2004 Senator Richard Alarcon Senator Gilbert Cedillo Senator Joseph Dunn Senator Dean Florez Senator Tom Torlakson Housing and Community Development meets 1st and 3rd Mondays at 1:30 pm in Room 3191. Updated March 2004 Posted Apr 6 2005 7:52PM CEST     AHRC Staff (View Profile) , California   11. An opinion of the use of reserve funds by homeowner associations     In reviewing the Davis-Stirling Act again, I came across a section that is directly relevant to your purposes. Section 1365.5 of the Civil Code spells out the uses of reserve funds. Subdivision (c)(1) states, "The board of directors shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the association is obligated to repair, restore, replace, or maintain and for which the reserve fund was established." The use of funds for litigation is limited to construction defect type complaints. The way I read it, reserve funds cannot be used for litigation related to disciplinary or delinquent assessment cases. Subdivision (c)(2) does allow temporary borrowing, but generally requires the borrowed funds to be repaid within one year. Subdivision (d) implies that borrowed reserves can be used for litigation, but the way I read it, this still relates only to construction defect type cases. As with all violations of the Davis-Stirling Act though, one would have to go to court to enforce the law. Consultant California State Legislature Posted Mar 30 2005 2:33AM CEST     Username withheld , California   10. 2004 - Committee on Calfirnia Senate Housing Committee Members     Following is an Archive of the 2004 - Directory Record California Senate Housing and Community Development Committee Capitol Building, Room:2195 Sacramento, California 95814 Phone: (916) 445-8740 Fax: (916)327-9478 http://www.senate.ca.gov Summary: Mark Stivers - chief consultant Joy Traylor, assistant Edgar Zazueta - Consultant working on HOA foreclosure bill JURISDICTION: Bills relating to housing and community development. Mark Stivers wrote the first honest California government report on Homeowner Associations HOMEOWNER ASSOCIATION FORECLOSURE: DOES THE PUNISHMENT FIT THE OFFENSE? - Mark Stivers Other Information: Members: Senator Denise Ducheny (Chair). Senator Dennis Hollingsworth (Vice-Chair) Senator Dick Ackerman Senator Richard Alarcon Senator Gilbert Cedillo Senator Joseph Dunn Senator Dean Florez Senator Tom Torlakson Housing and Community Development meets 1st and 3rd Mondays at 1:30 pm in Room 3191. Updated March 2004 Posted Jan 18 2005 10:20PM CET     AHRC Admin Account San Juan Capistrano, California   9. Sandra DeBernardo - ECHO lobbying for changes on SB1682     Sandra DeBernardo of ECHO has been lobbying for changes in SB 1682. Mark Stivers called AHRC for input regarding her amendment requests. Posted Aug 16 2004 10:08PM CEST     Username withheld , California   8. California Senate Housing and Community Development Committee     ---------- From: "Stivers, Mark" Date: Fri, 30 Jul 2004 11:58:15 -0700 To: AHRC News Subject: AB 2598/SB 1682 amendments Elizabeth, Attached are the amendments we will be submitting to AB 2598 (and ultimately to SB 1682). Amendment 1 simply fixes a drafting error. Amendments 2 and 3 will get us the support of the California Association of Realtors. -- Mark Posted Aug 12 2004 5:10AM CEST   Submitted Files Filename Description File Type File Size Click to download AB2598SB1682amend722.doc AB 2595 (SB1682) Amendments done by authors at the request of CAR (Realtors) lobbyist Ron Kingston - Lowering the the foreclosure sales price to 65% of appraised value. Microsoft Office Document 19KB Download   Username withheld , California   7. California Senate Housing and Community Development Committee     From: "Stivers, Mark" - California Senate Housing Committee Date: Thu, 01 Apr 2004 11:16:10 -0800 To: "'ahrcnews Subject: synopsis of Arnold's hearing testimony Elizabeth and Arnold, It has taken me longer than anticipated, but I have finally finished my synopsis of the testimony at the February 17, 2004 hearing of the Senate Housing and Community Development Committee on the issue of CID foreclosures. It is based on the transcript of the hearing. Below is my summary of Arnold's testimony. I would appreciate any corrections he may like to make. If possible, I would appreciate a response by the end of day on Friday, April 2, 2004. Thanks. Mark Stivers Senate Housing and Community Development Committee State of California Arnold McMahon, American Homeowners Resource Center Mr. McMahon testified that the single biggest thing to reduce problems in homeowner associations would be to get rid of non-judicial foreclosure. He recommended that associations be required to seek a small claims or other judgment before they take action. There needs to be a neutral third party to examine the claim before the association commences collection activities. With respect to foreclosures that arise from claims that have been subjected to judicial review, he also recommended that attorney fees should not exceed twice the delinquent assessment amount, that other costs should be limited to the reasonable costs of filing a lien and interest at the legal rate, and that the homestead exemption should apply. He also suggested that association be authorized to deposit into and tap reserve funds to cover delinquent assessments. Posted Aug 12 2004 5:08AM CEST     AHRC Staff (View Profile) , California   6. Mark Stivers - California Senate Housing Committee- calls for input     Mark Stivers, the chief legislative consultant on the Senate Housing Committee called AHRC requesting an opinion on an amendment that the Califoria Association of Realtors are demanding on the anti-foreclosure bills SB 1682 (Ducheny) and AB 2598 (Steinberg). Even if the House and Senate both vote to pass the bill the California Association of Realors, who have been "neutral" on the bill may join CAI, ECHO, Title companies and others to persuade a veto from the governor. The bill now states the house need to be sold at 90% of the exterior appraisal value . The realtors feel that this will make it difficult to sell homes because "the buyers have no idea of the condition of the interior etc." Current law, he says allows the house to be sold at the amount of the dues owed and collection costs and charges by the homeowner association lawyers and managers. To minimize the veto threat, we tagreed with his conclusion it may be a good idea to remove the CAR opposition by agreeing to the 70% equity appraisal at this time. Posted Jul 9 2004 3:11AM CEST     Username withheld , California   5. California Senate Housing and Land Use - 1997     Members of the Senate Housing and Land Use Committee Senator Barbara Lee - Chair Dick Monteith - Vice Chair Jim Costa Quentin L. Kopp John Vasconcellos Consultants: Howard Yee Peter M. Detweiler Posted Apr 7 2004 2:49AM CEST     Username withheld San Juan Capistrano, California   4. Housing consultants working for special interests?     Homeowners and advocates have complained about the practices of consultants to California Housing and Insurance Legislative Committees, who prevent expert testimony from being presented in government hearings. Consultants and some legislators manipulate expert testimony at public hearings so that the Davis Stirling laws remain favorable to the special interests especially lawyers. Howard Yee spent several days with AHRC educating himself about homeowner associations. He was provided publications and resource information. He used all without acknowledgemant. Some advocates met with the former chair of the California Senate Housing Committee, ex-Senator Barbara Lee, and informed her that her chief consultant , Howard Yee, did not have letters of opposition to bills that they had sent. They were supposed to be in the files given to committee members. Lobby groups such as CAI, ECHO and CACM were provided insider information and contacted for letters of support. Only their letters were given to legislators along with analyses of the bills. The Senate Housing Committee held hearings on the Davis Stirling Act in 1997 and a bound booklet of information and newspaper articles was given to the committee by homeowner advocates. However when a consultant was asked to do a report on homeowner associations, she was unable to find the information in the files that the consultant provided her. Government consultants should not be manipulating public information and the legislative process for the benefit of special interests. There needs to be more transparency in government and the public should be provided information. Posted Apr 3 2004 1:21AM CEST     Username withheld San Juan Capistrano, California   Page # 1 2

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