CA bill AB 1410 –  a step backwards for HOA homeowner rights

In 2018, California Civil Code §4515 was a major step in restoring fundamental protections for free speech by members with respect to HOA governing issues.

“(a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes.”

AND JUSTICE FOR ALL

Now, AB 1410 seeks to restrict these rights under the guise, it seems, that the HOA website is private and therefore it can adopt restrictive rules legally. In a typical “what you see is not what you get” maneuver, the bill would grant the HOA the power to moderate message content in strict opposition to legal holdings — that content based free speech is protected and any editing must be unbiased.

The bill sections start with §4515,

“(b)  The governing documents, including bylaws and operating line 4 rules, shall not prohibit a member or resident of a common interest line 5 development from doing any of the following:”

But watch out, what is granted is now removed under (b)(6) subparagraphs (B) and (C), and especially (D). In a “flip-flop,” designed in my view to confuse the average homeowner, it then informs the homeowner that he is still protected because the HOA must follow the rules it is attempting to circumvent. (pp. 93-94).

What’s the point? To make  it difficult for homeowners to understand the legislation and their rights all well knowing that those in power will only cite the pro-HOA points and omit the pro-homeowner protections.

GOTCHA AGAIN! Don’t fall for it!

This attempt by Rep. Rodriquez feels like an anti-slapp move if it were in the courts — an action to stifle free speech. Marjorie Murray presents 2 instances of where an anti-slapp motion can and should be used against the HOA. Contact Murray (info@calhomelaw.org) for more information.

Center for California HOA Law opposes the bill and urges Californians to contact their representatives and Judiciary Chair by phone. The committee will hear this bill this week.

AZ HB 2158 fair elections goes to Governor for signing

The AZ Senate passed HB 2158, the fair elections in HOAs bill sending it on to the Governor for signing. I congratulate all advocates who supported this bill and the Arizona Legislators coming to understand the need to stop board of director’s abuse under authoritarian private agreements.

This is a major step forward to the equal protection of the laws and proper due process as guaranteed to all US citizens. Under this bill, effective and meaningful opportunity for Arizona members to participate fairly and in an equal manner in the governance of an HOA.

It starts with the ability to campaign and discuss governing issues with the members on the same level playing field. All the members seeking change have to do is to get involved knowing they won’t be “fighting city hall” without legislative support.

The positive effect of this bill includes the need for a rewrite of the governing documents in many areas for many HOAs, removing covenants not complying with the new state law in.

See bill summary: AZ GOV committee hears the voice of HOA members

protected speech concerning HOA governance

Last month I urged  all HOA members to support Arizona’s HB 2158,

Many courts have referred to the Declaration of Covenants, Conditions and Restrictions (CC&Rs) as the HOA constitution.  Arizona’s HB 2158 is a second try (Arizona HB 2052 restores homeowner constitutional speech protections ) to prohibit restrictions on HOA members’ freedom of political speech with respect to HOA governance issues and matters.”

(Do you stand behind the US Constitution or your HOA ‘constitution’?)

The bill addresses the right of members to free political speech on matters affecting the governance of the HOA by specifying such rights and prohibiting HOA interference with these rights.  While the bill refers to “association-specific” signs, it is a giant step toward HOA democracy by creating a fair election and voting process, affecting procedures now dominated by the pro-HOA governing documents.

You can read the itemized “freedoms” here.  Just a few,

  • Defines an association-specific political sign as a sign that supports or opposes a candidate for the board or the recall of a board member or a condominium or planned community ballot measure that requires a vote of the COA or HOA owners.
  • Prohibits a COA or HOA from prohibiting or unreasonably restricting an owner’s ability to peacefully assemble and use common areas of the COA or HOA,
  • [prohibits] making any other regulations regarding the content of an association-specific political sign,
  • Allows an owner to invite one political candidate or guest to speak to an assembly of owners about matters related to the respective condominium or planned community.

The bill passed the House and will be heard all over again, as required by law, in the Senate this Monday, March 14th.  The Senate has always been a “stopper” of HOA reform bils; your continued, loud and clear support is necessary.

Email the Senate Government committee members NOW! 

Sonny BorrelliVice-Chairman
Sally Ann GonzalesMember
Theresa HatathlieMember
J.D. MesnardMember
Martin QuezadaMember
Wendy RogersMember
Kelly TownsendChairman

If familiar with the Legislature’s RTS procedure, sign on and make your voice via RTS, which is read by the committee members and made part of the record. Instructions on how to set up your RTS account can be found here.  It may look complicated but it simple, just fill in the boxes.  Your RTS can be used for any bill by just entering the bill number. 

Unfortunately, you must set up your account at a kiosk at the state capitol, after which youc can access your account from your home.

HOA “bible” ignores members’ property rights

An excerpt from the HOA “bible” that was the source of the HOA legal scheme and structure, and included appendices on model CC&Rs and bylaws (Appendices F, G, and H, pages 384 – 402). While over time minor changes have appeared in governing documents, they are for the most part, and in particular on fundamental issues, boilerplate covenants contained in the Handbook.

Note that no mention is made of the homeowner, the HOA member, whose property interests are at stake and the subject of the legal scheme. “Association officers,” as we have discovered, represent the association and not the personal property interests of the members. The members are there, it seems, to fund the HOA. It is a top-down governmental structure with little concern for protecting principles of democratic government.

Authoritarianism in America; authoritarianism in HOA-Land

Some 23% of Americans live in HOA-Land, that collection of fragmented independent principalities known, in general, as HOAs. HOAs are separate, local private governments not subject to the constitution, and collectively constitute a nation within a defined geographical region known as the United States.

 “A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region.”

Jonathan Chait  (Nymag.com, Jan. 3, 2022), wrote last week,  You can’t stop authoritarianism unless you understand it.” Consequently, my continued effort to reorient and reeducate HOA BODS and its followers.

The HOA is truly a totalitarian democracy.  In 2019 I wrote, “Authoritarianism in the HOA-Land Nation

“A totalitarian democracy . . . retains full power of . . .  the right of control over everything and everyone. Maintenance of such power, in the absence of full support of the citizenry, requires the forceful suppression of any dissenting element except what the government purposely permits or organizes.”

The authoritarianism of HOA-Land  is masked by a thorough indoctrination that the real estate subdivision is a democratic community because the members are allowed to vote, as meaningless as it is. It seems that the more predisposed to authoritarian control the more the member acts as a diehard, dogmatic, true-believer in the BOD.

Read more Cult behavior within HOA-Land.