CCHAL NewsBrief – April 15, 2013

Thanks to all who phoned/emailed the author of AB968, the California bill exempting 17,000 homeowner associations from complying with state laws governing associations. Today the author, Richard Gordon [D – 24th District; Menlo Park] “pulled” the bill, meaning that it won’t be heard on Wednesday the 17th.  No new hearing date has been proposed.

AB968 was bad for both homeowners and associations.

The bill would surely trigger more disputes over HOA elections and make associations the target of more
lawsuits. What did the bill do?

1. Deleted state laws ensuring secrecy of ballots
2. Restored elections to the control of the incumbents, that is: to the board
3. Deleted the Inspector of Elections
4. Omitted Election Operating Rules
5. Made the election “rules” so fuzzy that associations didn’t know what their duties were and homeowners didn’t
know rights they had — if any.

Existing laws governing HOA elections were put in place through the efforts of the California Alliance for Retired
Americans (CARA) and the Center for California Homeowner Association Law (CCHAL). Existing laws resulted from three years’ worth of negotiations in Sacramento with the association industry.  The laws protect both associations and homeowners. The laws don’t need “fixing” by bills like AB968.