Tag: CAI-CLAC

CA’s condo-mania: AB 1033 allows ADUs to be 2-person condos

A very disturbing 19-page California bill, AB 1033 (Ch. 752)[1], became law this week that extends HOA-Land with respect to Accessory Dwelling Units (ADU)[2]. The rationale seems to be to support low-income housing given the scarcity of California,  and gain income for retired people as well. It allows the property owner to have a livable unit (ADU) on his property  but requires  the owner to form a two-person condo on what was his single-family property. The accessory unit can then be sold as a condo unit subject to the Davis-Stirling condo laws. Why, I ask???

In order to make this plan work a complicated series of amendments were added. In other words, a planning board, for instance, is given authority to allow this approach to housing, along with changes to building requirements, codes, etc.

The Legislative Digest states,

“This bill would, in addition, authorize a local agency to adopt a local ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums, as specified, and would make conforming changes. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state-mandated local program.”

To me, this seems  like a lot of about nothing, unnecessarily complicating property rights and housing.    BUT, extending the fragmented HOA-Land and further eroding adherence to the Constitution – more individual rulers functioning outside the Constitution. It goes beyond home rule laws and the medieval fiefdoms.[3] There is no oath  of allegiance to support the Constitution as the supreme law of the land. And condos pay minimal taxes as a non-profit.  So, what’s the story??

To paraphrase Jack and the Beanstalk, “Fee-fi-fo-fum, I smell the blood of a CAI man.”  CAI-CLAC is the very powerful and highly active CAI legislative action committee (LAC) representing all CAI California chapters. And then there’s Echo,[4] whose membership structure duplicates the  CAI membership structure.

Who says CAI is not a coercive monopoly?[5] Take a close look at California again. Are their any voices in support of homeowners to compete with CAI?  No, sorry to say, although one group has had some influence on legislation but it does not stand close to the overall impact of CAI on events concerning HOA-Land.

NOTES

[1] Bill Text – AB-1033 California Family Rights Act: parent-in-law: small employer family leave mediation: pilot program.

[2] ADUs come in all shapes and sizes – for example, a converted garage, a small home in the backyard, or, as often seen in San Francisco, an unused portion of the main house.

[3] A fief was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty (oath to the lord) or “in fee” in return for a form of feudal allegiance, services, and/or payments. 

[4]  “Educational Community for Homeowners (Echo) is a nonprofit corporation dedicated to assisting California homeowners associations. Members receive guidance through live webinars, Members receive guidance through live webinars, virtual seminars and workshops.

[5] Is CAI a coercive monopoly? Definitely YES!

CCHAL in Calif. stands up to CAI

The California homeowner activist group, CCHAL, with Marjorie Murray as its president is moving in the right direction.  In its email distribution urging homeowners to contact their representatives to OPPOSE SB 391, CAI is called to task and criticized for its support.

“’The Community Associations Institute (CAI) and the property managers (CACM) are still “stretching the truth’ about SB391 (to put it politely.) CAI and CACM keep publishing ads saying  ‘SB391 gives HOAs the right to hold teleconference meetings during an emergency…’ This is FALSE.”

We need more advocate leaders and homeowners to speak up strongly to force CAI to defend its statements, if they dare, or to shut up!  Silence only helps CAI to increase its stature before legislatures, the media, and the public. Victory is ours by not remaining silent!  

(See If only advocates would stand up to CAI).

CAI knows its defending the indefensible. Do you know that?

HOA Constitutional Government

CA’s SB 407 is another law providing constitutional rights

I was reminded of  my oversight in not mentioning California’s SB 407 (law in 2018) when referring to California’s constitutional rights legislation.[1]  SB 407 dealt directly with free speech issues while SB 323 dealt with extensions to fair elections.

Thanks to Marjorie Murray, President of the very active homeowner rights organization, Center for California Homeowner Association Law (CCHAL).[2] CCHAL has long fought CAI-CLAC, the voice of the collective CAI legislative action committees in California. (CAI-CLAC opposed SB 407).

CAI-CLAC is very slick in presenting a positive face to naïve homeowners and those seeking info on HOAs in California, known as CIDs. The title of its CAI Government Affairs Blog email release of March 2, 2021 reads, “Grassroots Advocacy Initiatives Are More Essential Than Ever.”  But many readers may miss the important appeal as stated in the email:

“Each year, CAI advocacy leaders engage with and encourage members across the country to connect with their elected officials and advocate on behalf of the 73.9 million Americans currently living in community associations.”.

This is a misrepresentation and a misleading assertion that CAI speaks for all persons living in an HOA in California. NOT SO!  (See HOA homeowner membership in CAI is a mere 36%).  As I’ve repeatedly urged others to do, such statements must be challenged and rebutted.

Notes

[1] See Substantive HOA member rights advances in Arizona.

[2] Murray commented: The California legislation that re-affirmed the First Amendment rights of association owners was SB407, sponsored by the Center for California Homeowner Association Law and carried by Senator Bob Wieckowski. 

Now law, it affirms the rights of homeowners to assemble peacefully, to communicate freely with their neighbors on matters of mutual concern, and to invite others onto the association campus.  It was signed into law in 2018.  CCHAL organized a public forum on the bill after it became law and videotaped the forum. Here’s the link to the text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB407;