Calif. CLRC doesn’t see need for HOA Bill of Rights

After several years of study, the California Law Review Commission, CLRC, has recommended a rewrite of the HOA/condo laws, the Davis-Striling Act, SB1921. While it has moved forward with this proposed rewrite, CLRC felt it not sufficiently important to also include a Member Bill of Rights (Chapter 2), and can add a bill of rights at some later time.

Read CLRC memorandum in regard to severe criticism of proceeding in an illogical manner, in a manner opposed to its constitutional obligations to protect the individual and private property rights of the people. It is an approach not followed in the adoption of our US Constitution.

George Staropoli objects to the lack of any substantive extension of homeowner rights. In particular he objects to the lack of any provision addressing the relationship of CID law to the state and federal constitutions. See Exhibit p. 1. As indicated at Exhibit p. 2, Mr. Staropoli first raised these issues in 2005 and was informed at that time that they were beyond the scope of the recodification project.

Read more at . . .

Published in: on June 2, 2008 at 6:22 am  Comments (2)  

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  1. […] [iii] See Commentary at Calif. CLRC doesn’t see need for HOA Bill of Rights. […]

  2. […] Apparently the California Law Review Commission (CLRC), a state agency, believes so when it recommended a rewrite of the CID statutes, the Davis-Stirling Act,  this year –  see SB1921.  CLRC didn’t feel it necessary under its duty to support the Constitution, and submitted a blank Chapter 2, “Member Bill of Rights”. (It was defeated for other reasons not related to protecting homeowner rights under the US and California constitutions).  My criticism can be found at CLRC. […]

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