CLRC proposes changes to HOA laws without a bill of rights

The California Law Review Commission, CLRC, has been studying a major revision to the Davis-Stirling Act governing homeonwers asssociations or CIDs.  After several years of work, it propsed sweeping changes in the vehicle of proposed legislation, AB 1921.
The bill was submitted with a blank Chapter 2, “Member Bill of Rights” provision, to which I commented:
 
This action by CLRC stands in sharp contrast to the approach taken by our Founding Fathers, although they had their differences, which conditioned the approval of the constitution upon the approval of the Bill of Rights.   This Commission has proposed AB 1921 without even considering, under its empty  “Member Bill of Rights”, the rights and freedoms of California citizens who are subject to the Davis–Stirling Act.
  

Summary of recommendations for Member Bill of Rights

 

1.                   Withdraw AB 1921 until Chapter 2, Member Bill of Rights, has been defined, and condition the approval of any proposed rewrite of the Davis-Stirling Act law on the approval of a homeowners’ bill of rights.

2.                  Explicitly state that the California Constitution is the supreme law of the land and any conflict between the Constitution and the law of servitudes shall be decided in favor of the Constitution.

3.                  Include a statement that CIDs and all governing documents are subject to Article 1, Declaration of Rights, of the California Constitution, and in particular sections 1, 3(b)(4), 7, 17, 19 and 24.

4.                  Include a statement that the judicial scrutiny of any covenant, bylaw or rule be the same as would be required according the nature of the constitutional question, and not that blanket rule of reasonableness.

5.                  Include a statement that, as a matter of good public policy, the state has a compelling legitimate interest in the enforcement of violations by the governing bodies of CIDs, and shall provide appropriate penalties against such violators as both a punishment and a deterrent to future violations.

6.                  CLRC must include as part of its approach to the revision of Davis-Stirling the non-existent, to date, perspective of protecting the individual liberties of homeowners as it seeks to regulate CIDs in a fair and just manner.

7.                  CLRC has a duty to examine, under its mission to rewrite Davis-Stirling, the sources given herein, in addition others, to assist its members in understanding the constitutional requirements of due process and the equal protection of the law in order to protect individual homeowner liberties and freedoms.

 
View the complete AB 1921 comments here.
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Published in: on April 11, 2008 at 10:31 am  Comments (2)  

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2 CommentsLeave a comment

  1. The proponents of California’s Davis-Stirling Act rewrite, CAI, have announced that the bill has been withdrawn. The June 23rd CLAC emails states,

    “The long-awaited re-write of the Davis Stirling Act will keep us all waiting a bit longer. The California Law Revision Commission’s (CLRC) multi-year effort to re-write the common interest development statutes culminated in Assembly Bill 1921, authored by Assembly Housing and Community Development Committee Chairperson Lori Saldana.”

    ‘However, due to increasing concern about certain of its provisions, as contained in Assembly Bill 1921, Assembly Member Saldana decided to drop her bill for this year and reintroduce it at the beginning of the next legislative session in 2009.”

  2. […] reply to CLRC email questions (see below) regarding my email letter of April 11, 2008 on […]


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