See the news & stories ▲altacities®▲...




[ Flipboard Archive ]

HOA ▶ Bill of Rights

Post original on 10Oct17, revised 23March18
Re: California Davis-Stirling Law ▶ Google ▶ Amazon ▶ Slideshow ▶ PDFIf you live in a common interest development, aka homeowners association (HOA), as most are doing in the Temescal Valley (and some 9 million throughout California), you should have a reference to the DAVIS-STIRLING LAW (DSL). ▶ This site does not give legal advice
▶ PRIVACY STATEMENT  ▶ http://docdro.id/aEwMoct 
Under DSL, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) against the units or parcels within the HOA with the county recorder. So, first and foremost, the HOA is an invention for real estate developers and a consequence for homeowners who buy into HOAs. Even though it is not a governmental entity, but a private business, the HOA operates like an “alternate city” (ALTACITIES) in many respects. As recognized by the Supreme Court of California, the Declaration of CC&Rs is the constitution of the HOA and is legally binding upon residents to the extent that it does not conflict with state or federal law. CC&Rs, once properly recorded, are presumed valid until proven otherwise. The California Courts of Appeal have explained the quasi-governmental nature of the HOA. More at the links below: Re: California Davis-Stirling Law ▶ Google | https://goo.gl/x7iC4x ▶ Amazon | https://amzn.to/2uotqk3 ▶ Slideshow | http://bit.ly/2udL9KN ▶ PDF | http://docdro.id/LkQsN9Z ▶ ALTACITIES | http://altacities.com
▶ MAGAZINE ALTA♥CITIES | http://flip.it/rV6uO1 NOTE ▶ At this time, not a single one of the online renditions of the DSL includes the so-called homeowner’s BILL OF RIGHTS or CA Senate Bill 407 that became law on September 11, 2017. LINK to PDF ▶ http://docdro.id/ct7XV96

Enter your email address:

Delivered by FeedBurner




HOA ▶ Bill of Rights

One of the most prolific and industry-trusted sources for governance information about common interest developments or homeowner associations (HOAs) is the Honorable Lawrence Stirling who (you guessed right) was the half-sponsor of the California Davis-Stirling Act (DSA).

Because of that credibility on matters HOA, I have asked at his site for his opinion on the following new law, a recently enacted preamble for the DSA.
CA Chapter 236 (SB 407) (2017) : Your HOA 'Bill of Rights' (now law)

THE LAW ▶ https://goo.gl/NTz6rw
THE AUTHOR ▶ https://goo.gl/sMm4zF 
RELATED STORY ▶ https://goo.gl/QJERV3

At the closing of the 2017 California Legislature session the second week of September, one of the oblique (meaning little-observed) and almost anonymous laws that was passed and signed by Governor Brown had the title that is noted above and is now archived in the following post.  One week later, almost nothing about this story appears in the public press.  A Google search barely mentions the topic.

The subject of the law is a homeowners Bill of Rights for the some 9 million residents of common interest developments, aka homeowner associations (HOAs), some 45,000 different communities in the state.

Since the new HOA law essentially becomes a preamble for the state code that governs HOAs, the law known since 1985 as the Davis-Stirling Act (see video link below), one might wonder why this so-called "Bill of Rights" had not been considered before.  Due to the existence of the USA Constitutional Bill of Rights, why did it take 32 years for our state lawmaker to take up the idea of a "bill of rights" for homeowners who are essentially living in private governmental communities that have no accountability beyond the geographical limits of those areas.





PDF
What about HOA petitions?

Re: (4) Canvassing and petitioning the members, the association board, and residents for the activities described in paragraphs (1) and (2) at reasonable hours and in a reasonable manner.

If you have heard negative comments from HOA board leaders about petitions, line #4 of the new Bill of Rights may be welcome.  Question is:  How do you create and manage a petition?

First, note that the Davis-Stirling Law (PDF link) has numerous references to petitions, but it is virtually silent on the process of homeowner petitions to the board.  Probably, that is due to the fact that the original draft (1985) and the revisions (2013) of the law did not include the Bill of Rights, nor did the law recognize this process.

Homeowners may ask for their HOA policy ad procedure for creating, drafting, and submitting petitions, but this, too, may not exist.

To help with this, here are some sources to consider:
  1. iPetitions ▶ Create a powerful online petition in just a few minutes. No technical knowledge is needed to start your online petition. Just click the button above and you'll be ready to start collecting signatures for your online petition right away. iPetitions: the most flexible online activism tools on the Internet. Read Our Guide To Successful Petitions
  2. Care2Petitions ▶ the world’s largest community for good. Here, you’ll find 39 million like-minded people working towards progress, kindness, and lasting impact. Care2 Stands Against: bigots, bullies, science deniers, misogynists, gun lobbyists, xenophobes, the willfully ignorant, animal abusers, frackers, and other mean people. If you find yourself aligning with any of those folks, you can move along, nothing to see here. How to Write a Successful Petition




RECAP

Comments

Post a Comment

Popular posts from this blog

The CA DSA Helps Ensure Open Governance, Yes or No?

Image
🏛️ The purpose of the Davis–Stirling Act in ensuring open governance in California homeowners associations (HOAs) is rooted in the principles of transparency, accountability, and owner participation . The law mandates open operations for HOA boards because these boards function like local governments—making rules, levying fees, and enforcing penalties that affect property owners' rights and finances. ⚖️ Key Purposes for Open Governance under the Davis–Stirling Act: 1. Transparency of Board Actions HOAs must hold meetings in a way that homeowners can observe, attend, and participate . Open Meeting Act (Civil Code §4900–4955): Requires that board meetings (with few exceptions) be noticed and held in public. Prevents decisions being made behind closed doors unless legally permitted (e.g., legal issues, personnel matters). 2. Homeowner Access to Information Homeowners have the right to: Receive advance notice of meetings and agendas (Civil Code §4920). Revie...
Read more

Caveats about HOA CC&Rs

Image
Anyone who lives or has lived in a common interest development (aka homeowners association or HOA) has certain cognizance of the covenants, rules, and conditions (CC&Rs) of those "private government" communities.  Virtually every conflict that can and will arise in these locations is the result of CC&Rs that were initially drafted by the community developer and then perhaps altered or amended by the HOA attorneys.  Sometimes those changes need enabling legislation at the state level, but that is a whole different matter.  If the HOA lobby is not 100% behind those changes, the local HOA homeowner has little chance of effecting the change. Earthquake Insurance | CBS SF Bay Area | Condo owners are denied affordable earthquake insurance. Consumer reporter Julie Watts investigates the insurance policy loophole. |   VIDEO  ▶ Flip②▶  STORIFY  ♥  FLIPBOARD  ★  BLOGGER ▲ ALTACITIES  ® ▶  TWITTER See more in the 'social c...
Read more

#HOA 'Gray Laws'▶ #SocialCurrentSee

Image
Flip②▶ #SocialCurrentSee by #ALTACITIES and #CANSWERIST ▶ Circa 1985 and the origins of the California Davis-Stirling Act governing HOAs pic.twitter.com/AImrsBR9SB — Mike Foxworth (@ALTALOMAN) March 14, 2017 With more than 9 million Californians as homeowners, residents of common interest developments (aka homeowner associations or HOAs), it stands to reason that there is a specific body of law to help govern these communities. Of course, that law is the Davis-Stirling Act (DSL), extant since 1985. Did you know?  The prime-position author of that law, the notable former and recalled Gov. Gray Davis actually did not write the law, but relied upon a San Diego law professor for the content with cooperation from fellow attorney and former CA Assemblyman Lawrence Stirling. The summary story is shared in the archive above. Actually, the origin and authorship standings for the Davis-Stirling Act is not really that unusual in California.  In order to get bil...
Read more