URGENT call to action in CA: Vote NO on AB1799

Shared by Deborah Goonan, Independent American Communities

image

California homeowners and consumer advocates – today’s post is a call to action. Contact your Assembly member and tell them to vote NO on AB 1799. Industry trade group Community Associations Institute (CAI) is at it again. This time they want to give Association Governed Development boards the power to take away your right to vote in homeowners, condominium, and other planned community associations – also known as Common Interest Communities, or Common Interest Developments.

If AB1799 were to become the law in California, your Association’s board could decide who can run for election, and whether an election would be held at all. This proposed amendment would essentially void voting and election requirements that currently exist in California statute.

CAI is using their powerful lobby organization and urging their members to contact Assemblymen to support this consumer-hostile legislation. But state legislators need consumer advocates in the state to contact them with the facts: CAI does not represent homeowners at large, and the absolute right to vote for volunteer board leaders is crucial to fair and democratic process – a process which is already compromised by the corporate structure of Association Governed Developments.

If incumbent association boards are given unfettered power to cancel elections and decide who can vote in elections, they guarantee their continued reign – even if that’s against the will of the majority of homeowners. Don’t let that happen.

For more information, and how to contact your Assemblyman, see the announcement below from California Home Law (CCHAL). Please share this post with other California residents.

 

 

PLEASE READ, SEE ATTACHED, & CALL YOUR ASSEMBLYPERSON!!!

“NO” on AB1799/ Floor Vote is Thursday/ CALL TO ACTION!
CalHomeLaw.org Information <info@calhomelaw.org>
To
CalHomeLaw.org Contributing Members
Today at 3:34 PM
CAI – the Community Associations Institute – REALLY wants
AB1799 to get voted off the Assembly floor on Thursday.
Today it issued a CALL TO ACTION asking CAI members to
“fight the opponents of AB1799.”

Homeowners need to push back on this bill with their own
CALL
TO ACTION.

Why does CAI want this bill so much…?

Because the legislation would give boards the power to
decide (1) who can vote and (2) who can run for office and
(3) to cancel elections altogether.

CAI and the property managers (CACM) have “framed”
AB1799/Mayes as legislation that will save associations
money.

The two trade groups SKIP OVER the fact that the bill
actually gives INCUMBENT boards total control over
elections.

This is like giving a city council or county supervisors –
or the California Legislature – the power to decide who
can vote and who can succeed them in office.

This is the THIRD ASSAULT that CAI and CACM have made on
the “Fairness and Integrity in HOA Elections Statutes”
(Civil Code §§5100 et seq. The other two assaults were in
20013 and 2014.)

Yes, CAI – the same organization whose lawyers fought the
Wittenberg decision all the way to the California Supreme
Court.

Homeowners will remember Wittenberg: this was the 2013
California Appeals Court ruling that associations SHALL
give dissenting homeowners equal access to association
media (newsletters, bulletin boards, website, dedicated
cable channel, etc) to present their opposing views.

In Wittenberg, the association wouldn’t even let the
homeowners RENT MEETING space to discuss their opinions.
[The election was later invalidated by the lower courts.]

CAI’s Adams Kessler and 20 other law firms – who are all
members of CAI — petitioned the California Supreme Court
to overturn the Wittenberg ruling. [The Supreme Court
refused.]

The Adams Kessler petition is posted on the CCHAL website
here:
http://www.calhomelaw.org/PDF/Adams%20Kessler%20petition%20to%20Sup%20Ct%20re%20Wittenberg.pdf

The letter signed by the 20 association law firms is
posted here: http://www.calhomelaw.org/doc.asp?id=1593
[Read the list to see if your association’s lawyers
signed the petition to overturn Wittenberg.]

AB1799 is a bad bill. So says advocates for homeowner
rights:

• the Rutgers Constitutional Law Center;
• the California Alliance for Retired Americans (CARA);
• the Center for California HOA Law (CCHAL.)

A homeowner’s RIGHT TO VOTE is created the moment s/he
buys an association home just as a new citizen acquires
voting rights the moment they’re sworn in as a new
American.

Don’t let CAI and CACM get this bill off the Assembly
floor.

CALL YOUR ASSEMBLY MEMBER AND URGE A ‘NO’ VOTE ON AB1799
WHEN IT IS VOTED ON THURSDAY ON THE ASSEMBLY FLOOR.

Don’t know who your Assembly Member is? Go here to find
out http://findyourrep.legislature.ca.gov/

PHONE THE SACRAMENTO OFFICE (NOT THE DISTRICT OFFICE) AND
IDENTIFY YOURSELF AS A VOTER IN THE DISTRICT AND URGE A
‘NO’ VOTE ON AB1799.

CCHAL NewsBrief
May 10, 2016, c
All rights reserved
http://www.calhomelaw.org
***************************
MANAGE YOUR MEMBERSHIP here:
http://www.calhomelaw.org/memberedit.asp

 

 

 

Advertisements

One Reply to “URGENT call to action in CA: Vote NO on AB1799”

  1. California – HOA – AB1799 Voted Out; How Did Your Own Lawmaker Vote…?

    AB1799 was voted off the Assembly floor yesterday:

    • four lawmakers voted against it
    • five abstained
    • 71 voted for it

    Here’s the link to the official vote: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_1751-1800/ab_1799_vote_20160512_1002AM_asm_floor.html

    Look to see if your Assembly Member voted NO or ABSTAINED, then please phone him/her with a THANK YOU. (Today you can probably reach them in the district office by making a local phone call.)

    If your Assembly Member voted “Yes” on this bad bill, phone to say how disappointed you are.

    AB1799 goes next to the Senate for a vote for consideration, so please stay tuned. CCHAL will publish more NewsBriefs telling how to TAKE ACTION.

    THANKS to all who worked to stop this bill which gives associations the right to decide (1) who can vote (2) who can run for a board seat and (3) to cancel elections altogether.

    Again: to find out who your state lawmakers are, go here: http://findyourrep.legislature.ca.gov/

    These are the people making decisions FOR YOU in Sacramento. Did your Assembly Member vote the way YOU WANTED yesterday?

    CCHAL NewsBrief
    May 13, 2016, c
    All rights reserved
    http://www.calhomelaw.org
    **********************************
    MANAGE YOUR MEMBERSHIP here: http://www.calhomelaw.org/memberedit.asp

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s