RT @KuesterCompany "Laws can be tricky when it comes to safety and #FairHousing . How does your #HOA ... @ocregister https://t.co/rocmpdVln0 " — Tina Larsson (@FolsonGrp) May 11, 2017 http://amzn.to/2qbKwgL THIS CASEBOOK contains a selection of 89 U. S. Court of Appeals decisions that analyze, interpret and apply provisions of the Fair Housing Act. The selection of decisions spans from 2006 to the date of publication. The Fair Housing Act declares that "it is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States." 42 U.S.C. § 3601. To achieve this goal, the FHA renders it unlawful to, among other things, "make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin." 42 U.S.C. § 3604(a). As relevant to this case, it provides several tools to do so. Avenue 6E Investments, LLC v. City of Yuma, Ari...

#SocialCurrentSee : #Davis -Stirling ( #ALTACITIES archive via @Storify : When may a homeowner attorney attend HOA mtg? https://t.co/MU97gA1dow — Mike Foxworth (@ALTALOMAN) March 22, 2016 On multiple occasions in our common interest development (aka HOA) in the Inland Empire of Southern California ( Trilogy Glen Ivy ) we have been informed and have observed that the attorneys for the HOA are not that at all.  That is to say the attorneys, by their own declaration, have said they "only represent the board of directors" (BOD) and not the homeowners, titleholders who pay their bills. As strange as it seems, that peculiar relationship plays out, at times, in an adverse way with homeowners because the law and practice of HOA governance in 2016 does not allow homeowners to have legal counsel present at general (open) meetings of the board.  Of course, there are precious few instances when having private counsel at board meetings is necessary, but when it is...

A slight variation on this one: "The wise learn from the mistakes of others." ~ Otto von Bismarck https://t.co/DUgOCrx7aP — Mike Foxworth (@ALTALOMAN) January 15, 2016 #HOA reform can’t happen until state politics is reformed. Read more here: https://t.co/rS2cR5Bsii — Ward Lucas (@Ward_Lucas) January 15, 2016 Keyword: Reform Reform means the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc The Optimist : Animated Short Film from John Mervin on Vimeo . If you spend any time with social media, rather the ' social current see ' of our time, you know that a growing lineup of contributors deposit their 142-characters (sometimes more beyond Twitter) about matters HOA. In any given comment stream (see one below), you may catch a few thoughts about HOA governance control and reform, the latter a proposition that is elusive, at best, thanks to the stronghold lobby of attorneys and management companies. Tweets about HOA reform ...

#ALTACITIES link for HOA attention for relief, emergency assist : H.R.2887 | https://t.co/F1t2QwLXTw + https://t.co/uI61ooY1kL — Mike Foxworth (@ALTALOMAN) January 14, 2016   FEMA "Show You Care" HEADLESS CUT from Headless Productions on Vimeo . Keyword : FEMA The Federal Emergency Management Agency   @ fema  is the one government department that most comes to mind when disaster strikes.  Even though the agency is well represented in today's 'social current see', as in 442K followers, there is much to learn about how, when, and how often FEMA responds when citizens call.  The tweet at the top of this post helps send us in that direction. Slowly making its way through Congress is H.R. 3700, called the “Housing Opportunity Through Modernization Act of 2015,” introduced in October 2015.  Ostensibly, the bill is an effort to help eliminate FEMA discrimination on how condos and condominium units are treated by FEMA.  You can read more at...

One of the interesting developments coming out of the #AB349 law in California that permits HOA homeowners to install fake grass and drought-tolerant landscapes is that no matter what state lawmakers allow, HOAs are likely to throw roadblocks in front of individual homeowners.  Perhaps the reason for that is that when all is said and done, the uniformity of change is important for HOAs. What one individual or group of individuals may do about landscaping still has an effect on the "look and feel" of the entire community.  Perhaps that's why our HOA gave notice that any landscape changes still require approval from our Design Review Committee.  ▶ Flip②▶  STORIFY  ♥  FLIPBOARD  ★  BLOGGER  ▲ ALTACITIES  ® ▶  TWITTER See more in the 'social current see' with   4,664+ followers  on  FLIPBOARD   and the other media links noted above [ View the story "Fake lawns to 'grow' in CA HOAs?" on Stori...

The clouds hanging over the drought problem just became more interesting.  While there doesn't appear to be any new moisture on the immediate horizon, there seems to be a lot of wind turbulence.  Read on for the clips, news, and comments in the social current see of the day about how the state is bringing about a degree of thunder to help enlighten HOAs about drought management in their domains.  ▶ Flip②▶  STORIFY  ♥  FLIPBOARD  ★  BLOGGER ▲ ALTACITIES  ® ▶  TWITTER See more in the 'social current see' with   3,900+ followers  on  FLIPBOARD   and the other media links noted above [ View the story "Can Jerry rig answers to 'dumb' HOA laws during California drought?" on Storify ]

Next to the drought, California homeowners (not just those who live in common interest developments, of HOAs) universally deal with energy consumption and ways to control energy bills.  Solar is an option for some, but not yet for all. Flip②▶  STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ ALTACITIES ® ▶  WEEBLY See more in the 'social current see' with   3,600+ followers on FLIPBOARD   and the other media links noted above [ View the story "HOA: Solar laws see light of day" on Storify ] "It ain't about how hard you can hit. Its about how hard you can get hit, and... #dailyqotd #qotd http://t.co/fq1zI7UyVq — Mike Foxworth (@ALTALOMAN) August 26, 2015

The broad legislative power given to HOAs in California and beyond is an open debate.  Usually, serious homeowner disputes with a local HOA may only be resolved through mediation or court challenges and not by seeking "higher" governmental ruling, say from a state legislator.  In general, state lawmakers are "hands-off" when it comes to HOA governance. In one specific area, however, that ambivalence and lack of oversight may be shifting... Flip②▶ STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ ALTACITIES ® 1100+ followers on FLIPBOARD [ View the story "One way CA drought trims HOA hubris" on Storify ] "If one is lucky, a solitary fantasy can totally transform one million realit... #dailyqotd #qotd http://t.co/fq1zI7UyVq — Mike Foxworth (@ALTALOMAN) June 23, 2015

In California, homeowners in common interest developments (CIDs) and homeowner associations (HOAs) live and die with the legislative intent of the Davis-Stirling Act . This law is just one of numerous state statutes throughout the USA that carry implicit delegations of legislative powers, perhaps contrary to the constitution, if you take the position of author George K. Staropoli , a notable writer on matters HOA. Says Staropoli: "With respect to violations of the Constitution, the Supreme Court decision in DOT held 1) that private parties cannot draft agreements to circumvent the Constitution by declaring that an entity, specifically a corporation, is a private organization, 2) that such a determination is made by the courts based on the corporation’s functions, powers and authority, and 3) that in order for a private entity’s delegation of legislative authority to be constitutional, there must be control, supervision and accountability to the state. I have presented my cas...

Today, when we talk about grass in California, we are not usually speaking about weed or marijuana, of course. Instead, the topic most often concerns the status of our lawns and the shortage of water. The 'social current see' on topic continues to roll, but real answers are lacking, even the answers from lawmakers and politicians. But did we honestly expect anything else? Flip②▶ STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ ALTACITIES ® [ View the story "California spouts new lawn laws" on Storify ] "We will either find a way, or make one." ~Hannibal #dailyqotd #qotd http://t.co/fq1zI7UyVq — Mike Foxworth (@ALTALOMAN) May 27, 2015

Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. The foreclosure process can be started by homeowners associations (HOAs) and common interest developments, but not without some careful consideration and following the laws of California or other states. Flip②▶ STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ ALTACITIES ® [ View the story "HOA foreclosures: The Kelly File" on Storify ] "No amount of ability is of the slightest avail without honor." ~Andrew Carnegie #dailyqotd #qotd http://t.co/fq1zI7UyVq — Mike Foxworth (@ALTALOMAN) May 25, 2015

At our HOA in Southern California's Inland Empire, the issue of handicap parking with residential areas is a non-issue, but that is not true in other communities that don't have private driveways and wide off-street parking. The issue of handicap parking for HOAs has been visited by the courts and the decision is often not favorable to the petitioner. Flip②▶ STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ [ View the story "Parking handicaps in HOAs" on Storify ] "Failure is the condiment that gives success its flavor." ~Truman Capote #dailyqotd #qotd http://t.co/fq1zI7UyVq — Mike Foxworth (@ALTALOMAN) April 30, 2015

It is true in California, Florida, and probably all across the USA:  HOA laws are difficult to pass, particularly when these laws or changes to existing laws are advocated by homeowners and members, not the HOA boards, managers, and attorneys who represent HOAs.  The Florida case is proof enough for that observation. Flip②▶ STORIFY ♥ FLIPBOARD ★ BLOGGER ▲ [ View the story "Lawyer up if your address is HOA FLA" on Storify ] Outlet Section - Find discounted items up to 60% OFF only at iHomeAudio.com. Tweets about Florida HOA

Flip②▶ STORIFY The February 15 deadline has come and gone for the 2015 enrollment in Obamacare which means those still without health insurance in America will face penalties at the April 15 tax-filing time. Right?  Of course, we can't be so sure because the rules are constantly changing or being adjusted by the Obama Administration.  A year after the national roll-out of the PPACA, the only thing that is certain is that the supporters and the detractors about the law are still at odds on a multitude of issues. Flip②▶ DEMA ♥ CONNECT [ View the story "Fed subsidies to undo ACA (not?)" on Storify ] DemaConnect: ▶Connect Frank J. De Mary CSA, MBA, BA, CPL  founder & CEO of DEMA & Associates  Serving the Inland Empire, San  Bernardino, Southern California,  Nation Wide 909-484... View on  demaconnect.blog... Preview by Yahoo In affiliation with ALTACITIES