06.07.14 - FYI - California HOA's, etc.-" AB1738 Needs Homeowner Help -- NOW!" - From Marjorie Murray, calhomelaw.org

The HOA industry told Ed Chau YESTERDAY that it will do everything in its power to defeat AB1738, his bill that lets homeowners bring a lawyer – or other support person – with them into a dispute resolution session (Civil Code §5900.)   The bill is to be ard TUESDAY June 10in Sacramento.

“Industry” means ECHO (Educational Community of Homeowners), CACM (the property managers), and CAI (Community Associations Institute.)  Homeowner assessments finance the lobbying of all three groups.

The flare-up occurred in a conference call late Friday when Senate Judiciary Committee staff told CAI, CACM, and ECHO that the Committee was rejecting amendments to AB1738 that would have weakened the legislation.

The amendments  required homeowners to give the association ten days “notice” of (1) who they were bringing to dispute resolution (2) what their “qualifications” were for being there; (3) owners would have to use specific procedures for providing “notice.” If “notice” wasn’t given on time or given in the right way, then the HOA could cancel the IDR.

The Committee rejected all these ideas along with the industry demand that whatever was said in a dispute resolution session couldn’t be used in a future legal action.

ECHO, CACM, and CAI argued again yesterday – as they have done in earlier committee hearings — that the bill isn’t needed in the first place, because “IDR works just fine” and “No problems have been reported to us” and “The bill is a solution in search of a problem.

Here at the Center, we know that this isn’t true.

Responding to CCHAL’s March survey here’s what homeowners reported:

•   81% of respondents said they had made a written request for IDR but
•   71% said the session never took place.  Asked “why not?”
•   55% said “The board ignored my request” and another 34% said “The board refused to participate” even though the law requires its participation.

Lawyers from the Conference of California Bar Associations (CCBA) ALSO report that they are barred from attending IDR sessions to negotiate for their homeowner clients.  CCBA is one of the other sponsors of AB1738.

S0 – what call homeowners DO to help get AB1738 out of its hearing on TUESDAY?

EMAIL AND CALL THE LAWMAKERS ON THE SENATE JUDICIARY COMMITTEE AND ASK THEM FOR THEIR “YES” VOTE ON TUESDAY WHEN THE BILL IS HEARD.

THE LAWMAKER LIST IS POSTED ON THE CCHAL WEBSITE AT THIS LINK ALONG WITH THEIR PHONE NUMBERS AND THE STAFF MEMBER
YOU CAN EMAIL:  http://www.calhomelaw.org/doc.asp?id=1669

ANY HOMEOWNER WHO WANTS
•   HELP GETTING IDR STARTED OR WHO WANTS
•   TO BRING A SUPPORT PERSON WITH THEM TO IDR NEEDS TO
    CALL LAWMAKERS IN SACRAMENTO AND ASK FOR THEIR “YES”
    VOTE!  Lawmakers need to hear from HOMEOWNERS!

As always, you can watch Tuesday’s hearing LIVE on the California Channel at this link: www.calchannel.com  The hearing starts at 1:30.

Yes, CCHAL will be there to testify on behalf of homeowners, but homeowners need to speak for themselves by CALLING/EMAILING LAWMAKERS to ask for their AYE vote.

CCHAL NewsBrief
June 7, 2014, c
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