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Information about California Law Revision Commission (CLRC) - Brian Hebert
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California Law Revision Commission (CLRC) - Brian Hebert
4000 Middlefield Road, Room D-1
Palo Alto, California 94353
Phone: (650)494-1335 Fax:
http://www.clrc.ca.gov
Rank: 5
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Summary: The California Law Revision Commission is a member of the The National Conference of Commissioners on Uniform State Laws - NCCUSL, whose charter requires them to promote the to promote the uniform codes of the organization. The NCCUSL is non-profit unincorporated association of more than 300 members of the bar. It includes practicing lawyers, judges, legislators and legislative staff and law professors.
Has been reviewing the Davis Stirling Act since 2000 but has not proposed any meaningful laws to protect Californians for excessive lawyers fees, litigation and forecloures. The commissioners over this group are political appointees by the governor. (The media exposes forced many on Governor Davis' commissions to resign during energy scandals under Gray Davis)
This taxpayer funded committee which is supposed to propose new laws to the California lawmakers with public input . has been hijacked to take care of personal and trade interests of people employed and appointed here.
Senator Bill Morrow , a lawyer from Orange County has been the Legislative representative on this Commission. Morrow often misses the meetings. Morrow uses his office to work for CAI lobbyists and corporate interests ensuring corporate control of homes in homeowner associations, lawyers ability take homes when homeowners miss paying minor amounts in dues - even a false $5 late charge.
See:
• Banks that lobby for non-judicial foreclosures , political connections and California Law Revision Commission
• COMMITTEE ON BOARDS, COMMISSIONS AND CONSUMER PROTECTION STAGE A DECEPTIVE GOVERNMENT HEARING
• The homeowner association industry (CAI, CLAC, ECHO) has asked the Law Revision Commission (CLRC), sponsor of the measure, to staff the Office with association lawyers.
• Industry beholden California Law Revision Commission staff lawyers and self-serving Commission appointees should be fired.
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Other Information: Managers and Lawyers Lobby Against Recording Homeowner Association Meetings - California Law Revision Commission staff continue catering to lobbyists
Bryan Hebert - Staff counsel In charge of reviewing and proposing revisions for the California Davis Stirling Act - the laws regulating homeowner associations.
• AB 512 - May 2003 ARC review rules
• AB 770 and SB 551 - Twin California HOA Ombudsman Bill written by and for CAI foreclosure Lawyers 2005-2006
Nathaniel Sterling - Executive Secretary - lawyer
Brian Hebert - Staff - CID - lawyer
Barbara Gaal -Lawyer
Stan Ulrich - former staff lawyer - homeowner complained to ISP that constituent communications to him were "spam"
Note: CLRC informed the public in 2002 that : Email comments on Commission proposals or suggesting issues for consideration will be given the same consideration as letter correspondence, if the email message includes the name and regular mailing address of the sender. We also suggest you include a telephone number. Note that email messages sent to the Commission are public records.
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Commission Members and Officers:
Edmund Regalia, Chair
David Huebner, Vice Chair
Diane F. Boyer-Vine, Legislative Counsel
Noreen Evans, Assembly Member
Sidney Greathouse
Pamela Hemminger
Frank Kaplan
Susan Lee
Bill Morrow, Senator
William Weinberger
Main Office -- Palo Alto
Legal Staff
Nathaniel Sterling, Executive Secretary
Barbara S. Gaal, Staff Counsel
Brian Hebert, Assistant Executive Secretary
Steve Cohen, Staff Counsel
Administrative Staff
Victoria V. Matias, Secretary
Debora Larrabee, Associate Governmental Program Analyst
Posted Aug 19 2006 9:25PM CEST
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Second Supplement to Memorandum 2004-20 State Oversight of Common Interest Developments (Discussion of Issues)
Posted May 30 2006 9:21PM CEST
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CLRCMM0420s2.pdf
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Second Supplement to Memorandum 2004-20 State Oversight of Common Interest Developments (Discussion of Issues)
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PDF document, version 1.3
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221KB
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California Law Revision Commission - First Supplement to Memorandum 2005-10
File Format: PDF/Adobe Acrobat - View as HTML
Approximately 7 years ago, it launched a website, www.ahrc.com Currently, it ... It is rated by Google as the No. 1 website for homeowner associations. ...
Posted May 13 2006 12:56AM CEST
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CLRCMM0510s1.pdf
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California Law Revision Commmission - First Supplement to Memorandum 2005-10 Approximately 7 years ago, it launched a website, www.ahrc.com Currently, it ... It is rated by Google as the No. 1 website for homeowner associations. ... 733KB (PDF document, version 1.3)
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PDF document, version 1.3
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733KB
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STATE OF CALIFORNIA
CALIFORNIA LAW REVISION COMMISSION
4000 MIDDLEFIELD ROAD, ROOM D-1
PALO ALTO, CA 94303-4739
650-494-1335
NEWS RELEASE
Contact: Nathaniel Sterling - Executive Secretary
August 16, 2005
For Immediate Release
650-494-1335
Regalia Elected Chair of Law Revision Commission
Edmund L. Regalia, a Walnut Creek attorney, has been elected Chairperson of the California Law Revision Commission. David Huebner, a Los Angeles attorney, has been elected Vice Chairperson. The term of office is one year, beginning September 1, 2005.
The Law Revision Commission is a state agency responsible for studying problem areas in California law and recommending needed reforms to the Governor and Legislature. Projects currently underway include clarification of common interest development law, overhaul of mechanics lien law, and improvement of the rules of civil discovery, among other matters.
Edmund L. Regalia, the new Chairperson, was appointed to the Commission in 2002 and previously served as the Commission’s Vice Chairperson in 2004- 2005. He is semi-retired from his law practice with the firm of Miller, Starr & Regalia, where he continues a limited practice in real estate law, title insurance, and environmental law, and provides mediation services. Regalia is editor-in- chief of the 12-volume treatise, California Real Estate Law, and a related bi- monthly law newsletter. He also acts as a mediator on a volunteer basis for the county court system.
Regalia received his B.A. degree in 1952 from the University of California, Berkeley, and was elected Phi Beta Kappa. From 1952 to 1955, he served with the United States Navy, attaining the rank of Lieutenant. Regalia received his LL.B. degree in 1958 (later updated to J.D.) from the University of California, Berkeley, Boalt Hall School of Law. He earned Order of the Coif recognition and served as an Associate Editor for the California Law Review.
The Law Revision Commission's new Vice Chairperson, David Huebner, was appointed to the Commission in 1999 and reappointed in 2005; he served two previous terms as Chairperson. He is a partner in the law firm of Coudert Brothers; his areas of expertise include international and domestic arbitration, civil litigation and intellectual property. Huebner received his educational degrees from Yale Law School and Princeton University.
Posted Feb 19 2006 9:51AM CET
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-----Original Message-----
From: Mike Doyle
Sent: Tuesday, July 19, 2005 10:20 AM
To: 'Common Interest Developments'
Subject: CID COMMENT.
Brian Hebert
California Law Revision Commission
4000 Middlefield Road, Room D-1
Palo Alto, CA 94353-4739
Re: Memorandum 2005-25: Statuary Clarification and Simplification of CID Law.
Dear Mr. Hebert,
First of all I want to commend the California Law Revision Commission (CLRC) in their efforts to introduce new laws that will assist the millions of California homeowners that live in Common Interest Developments (CID's).
I have read, in memorandum 2005-25, that the CLRC's enforcement of CID law has been stricken. I believe this was a bold attempt on the part of the CLRC to show how serious the new "CID Ombudsperson Pilot Project" is to everyone concerned. It would be difficult to completely exclude the justice system from civil law.
I would think the CLRC could approach our law makers with another plan that would give the Ombudsperson certain authority to comment on any case that involves a dispute between a separate owner in a CID and the CID itself.
My experience with the current Alternative Dispute Resolution (ADR) law, (by reference civil code 1354), is that it does not carry any real power to assist with the settlement of a dispute.
In my case the attorney(s) have always conceded to "mediation" even though I had requested a "binding arbitration". In "mediation" there is no decision by the referee (or Judge in my case) and therefore there is no record of the many hours spent in the "open argument" between parties.
In my case both ADR's, concerning the same matter, were brought before very capable and respectable retired Judges who could have rendered a written decision if we had chosen "arbitration". Because we chose "mediation" there was no written decision for either party to rely at the end of the ADR.
It would be my suggestion that the Ombudsperson have the power to arbitrate and render its written decision that may be used in any future proceedings. Whether or not the arbitration is binding or not would be the decision of the parties. Whether or not the decision could be appealed would be the decision of the parties.
Having a written decision by a government agency, that specializes in CID law, may solve many disputes early and without the huge legal expenses to owners, associations and ultimately the insurance carriers.
Keep up the good work.
Very truly yours,
Michael Doyle.
Laguna Hills, California
From: "Mike"
Date: Wed, 20 Jul 2005 07:32:05 -0700
To: AHRC News
Subject: FW: CID COMMENT.
Posted Jul 22 2005 12:37PM CEST
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From: Common Interest Developments
Subject: Common Interest Developments Message
Two supplements to Memorandum 2005-2 have been uploaded to the Commission's website.
Supplement 3 was handed out at the Commission's January 21, 2005 meeting. Supplement 4 presents material provided to the Commission at the January 21 meeting.
The supplements can be found at the following addresses:
Thank you for your interest in the Commission's work.
Posted Jan 29 2005 3:40AM CET
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Submitted Files
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CLRCMM0502s3.pdf
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Supllement 3 to CLRC Memorandum 2005-2
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PDF document, version 1.3
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166KB
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CLRCMM0502s4.pdf
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Supllement 4 to CLRC Memorandum 2005-2
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PDF document, version 1.4
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233KB
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California Law Revision Commission added Second Supplement to Memorandum 2005-2, State Assistance to Common Interest Developments (Comments on Tentative Recommendation)
Attached is CAI's Beth Grimm's objection to CLRC' proposal for government enforcement of California homeowner association laws.
Posted Jan 27 2005 8:48AM CET
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GrimmCIDCLRC.pdf
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CAI lawyer and veteran Sacramento lobbyist Beth. Grimm tells CLRC that she is not in favor of proposed law for government oversight for homeowner association. She does not a government oversight agency with enforcement powers.
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PDF document, version 1.4
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106KB
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Username withheld
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The Law Revision Commission has released a tentative Agenda for its March 17-18, 2005 meeting.
An Adobe Acrobat (.pdf) version of the file can be viewed or downloaded by clicking the following link
Agenda will include:
January Meeting Minutes
2005 Meeting Schedule
Legislative Program
Posted Jan 27 2005 6:39AM CET
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Some of your readers have questioned the timing of my recent reminder to you that the deadline for comment on the Law Revision Commission's state oversight proposal is coming up soon.
They imply that I intentionally waited to ask for notice until the last minute, so as to suppress homeowner input. In fact, CLRC first asked for public comment on September 30.
That request was provided to AHRC, which publicized the request on October 8. So your members have actually been on notice of our request for over two and a half months.
My December 20 note to you was sent as a courtesy reminder, because I noticed that we hadn't yet heard anything from AHRC or its members and I didn't want to miss out on input from your group.
Some commentators have asked about the purpose of the Law Revision Commission. The Commission studies problem areas in the law and recommends reforms to the Legislature and the Governor. In our 50 year history, over 90% of our recommendations have been enacted into law.
The Commission does its best to be neutral and objective, trying to develop solutions that are acceptable to everyone. We have no affiliation with any of the CID trade groups (in fact, I'm expecting that CAI-CLAC will oppose our proposal on state oversight of CIDs). More information about the Commission can be found under the "Background" menu tab on our website www.clrc.ca.gov
Thank you.
Brian Hebert
Assistant Executive Secretary
California Law Revision Commission
3200 5th Avenue
Sacramento, CA 95817
Posted Dec 22 2004 11:29PM CET
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2. CLRC - a waste of taxpayer money on lawyers and special interests
Good start Jim. How quickly you came up with some good ideas for solving the abuses in homeowner associations. You should be on the California Law Revision Commission. Too bad appointments are made on the basis of how much special interest donate to political campaigns!
Unfortunately, this is a 1997 article.
In 1999, the politicians looking out for special interests gave this task to Nathaniel Sterling- a lawyer employed in California Law Revision Commission (CLRC), a taxpayer funded office. He has been "studying" for five years.
The Nathaniel Sterling is a member of Uniform Code Commission a non-profit group of lawyers and judges mostly promoting laws that benefit the litigation industry.
The commissioners on CLRC are political appointees who are protecting special interests. The two politicians - one from the Assembly and the other from the Senate are politicians beholden to special interests.
CLRC proposed a minor bill AB 512 in 2003. It was meant to appease the millions of homeowners who are furious with the financial losses, litigation, corruption and abuse that occur in homeowner associations.
CLRC lawyers Nathaniel Stering and Bryan Herbert have been using this taxpayer funded office to delay reform and further the interests of the litigation industy. In AB 512, Bryan Herbert is fighting the only pro-homeowner enforcement suggestions by Majorie Murray of the Congress of Seniors to get another toothless homeowner association bill that CAI, ECHO and CACM are supporting
LEGISLATURE TO STUDY PROBLEMS OF HOMEOWNER ASSOCIATIONS - An advisory group to study and recommend revisions on the laws governing homeowner associations
Comment 5.
Occasionally, we print an older article to provide our readers with something of the history of homeowner associations.
We printed this article to highlight the fact that nothing was ever done. Sometimes, governments appoint a commission to study a problem in order to prevent any real solution.
AHRC Staff
Posted Apr 24 2004 5:55PM CEST
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