GOV SIGNS AB 2846: SMALL CLAIMS COURT AND DISPUTED SUMS

SUNDAY, SEPTEMBER 28, 2008OAKLAND, CALIFORNIA

The Governor signed AB 2846 today, legislation affecting all homeowners who want to dispute assessments or other charges levied by an association board. Assembly Member Mike Feuer [D-Los Angeles], who authored the bill, announced the signing Sunday night.

The new law allows homeowners to pay a disputed charge under protest and to set the matter before a small claims court. The disputed sum cannot exceed the jurisdictional limit of small claims, which is now $7500. The law takes effect January 2009.

This right of homeowners to "pay under protest" was deleted from the Civil Code two years ago. The state statute originally applied only to assessments. AB 2846 now allows homeowners to use small claims court to dispute fines and other charges, including collection costs.

The California Alliance for Retired Americans (CARA) was the sponsor of the measure and partnered with the Center for California Homeowner Association Law to find a lawmaker to carry the bill. Assembly Member Feuer agreed to author the legislation, because there are more than 12,000 homeowner associations in Los Angeles County, where his district is located.
He also wanted to carry the bill because of his long-standing commitment to Access to Justice issues. He sawAB 2846 as Access to Justice legislation, because it establishes small claims court as a neutral place where homeowners can get a fair hearing on disputed sums.

Currently, homeowners can only dispute the charges before the association board (or one of its vendors), i.e. the entity that levied the charges. Association boards and vendors -- property managers, law firms, and debt collectors -- are not neutral third parties in such disputes.
Feuer has just been appointed Chair of the Assembly Judiciary Committee, a post he will take up next session.

AB 2846 was also supported by the California Judicial Council, the policymaking body for the state courts, and by the Self-Help Legal Access Center of the Ventura Superior Court.
CCHAL urges homeowners throughout the state to thank Mike Feuer for carrying AB 2846. Please email your thanks to Feuer's staff member Scott Ogus at scott.ogus@asm.ca.gov.
You can read the entire text of the bill at www.leginfo.ca.gov.

If you have questions about the measure, email us at www.calhomelaw.org

Marjorie Murray, President
Center for California Homeowner Association LawA 501c3 nonprofit

More - Board Meeting Comments

The meeting of the La Verne/Liveoak HOA on Wednesday the 24th was a very subdued, matter of fact meeting. But one thing stood out in my mind, the fact that it would appear the powers that be, ( the President and the absent Chairman of the gate committee) appear to be dragging the proposition of the gate, survey, guard, etc.out to wear us down, as witness the attendance of homeowners at said meeting.

I am sure I am not the only one who noticed that the meeting of the committee on the gate enhancement was having a hard time meeting because he, the president and he the chairman were so busy that it was hard for them to make time in their busy schedules to find the right time and place for such a meeting. Now if memory serves there are 25 or so people signed on to this committee but apparently only those two count. Now the president himself said we are all equal in this endeavor. Apparently some are more equal than others.

From what I have heard in the past this is what they intend and they have no intention of letting this get out of their control. They have an agenda and have had it for the last 2 to 3 years, it has never been off the table and from day one and they will continue until they get what they want.

Now many of us feel that if they do not set up a meeting and get the survey in the works within the next month, then we the members of this HOA will be getting together and developing our own survey format, and ask the board to use it.

Board Meeting

Many thanks to all of you who attended Wednesday night's Live Oak Board meeting (Oriole was particularly well represented).

Even though the agenda stated that a schedule for the Gate Committee would be presented Brian (President of the Live Oak Board) indicated that he had not had a chance to speak to Massro (Chairman of the Committee) about setting up committee meeting date(s) because of "school". He stated that when a meeting is scheduled the committee members will be notified and that it will probably follow a regular meeting of the Board.

The Jameson's

LVLO Association Board Meeting - September

The association board meeting was held this evening. The gates committee report was postponed until next meeting. The gates committee did not meet since last board meeting.

Board President, Scherer, and Gates Committee head, Massro, are attempting to plan a meeting during the upcoming month, which will include 25 to 30 committee members. They are trying to locate a room where the meeting can be held. They were unable to coordinate their busy schedules and locate a place since the last meeting.

Gates Committee members will be contacted by Haven Management and advised of the committee meeting date and location. The committee will meet and discuss options for maintaining and enhancing the gates. The committee will then present its ideas to the board and the board will vote to proceed or not to proceed.

A preliminary poll of all homeowners will be taken to find out which direction the committee should move on the gates. If enhancements are being considered that are over the existing gate reserves, an official vote of the homeowners will have to take place for more funding.

The Gates Committee is open to all homeowners; if you are interested in serving, contact Nadine at Haven Management, nadine@haven-management.net , and you will be notified of the upcoming meeting.

Comment on Sept 9

Homeowers must keep in mind that you get what you elect. This past election had to go three rounds before the election was official. If there is not a quorum (51%)at election date, the required quorum is cut in half each month. This required quorum reduction will continue each month. The last election was determined by about 13% of the homeowners.If the voters assign their proxy's to the board, the board will use the proxys to re-elect themselves.The most powerful tool homeowners have in controlling the HOA is through the election process. If the homeowners what to conrol the HOA, they must first control the elections.The board members that originally approved the installation of the gated community were not re-elected. The guard shack committe chairperson was one of those board members.Since the entire association, not just the gated homes, voted in the general election these board members were voted off in the two elections that succeeded the gate installation.There was never a clear and decisive vote count that led up to the final gate decision. Votes were collected and kept secret at the management company's office. The vote time limit was extended at least two additional times. And the final vote counting exercise was not done in a public forum, or at a HOA meeting.Board members have a obligation to be open with the homeowners, but homeowners have an obligation to be vigilant as well.
September 9, 2008 4:20 PM

Comment on Sept 1

Anonymous said...
I find it very concerning that the board would allow any individual home owner to offer any service to the association without first disclosing the name of that home owner to all other association members. I can appreciate that people may want to volunteer for certain small projects like Christmans decorations and the like. However a project of this scale and expense should have every disclosre required by our rules and the laws governing these types of HOAs.If it turns out that any board member has not followed our rules concerning full disclosure, then they need to be recalled from serving on our board. We should never tolerate any behind the scene deals or planning by our elected board members.
September 1, 2008 11:51 PM