Q: I would never say that the state should stay out of HOA business completely. I think most of the provisions of the Davis-Stirling Act are to the benefit of HOA homeowners, giving us protection against bad HOA government that is lacking in many other states. But at the same time, it seems to me that sometimes the state goes too far in trying to override HOA governance, such as the subject of rental restrictions.
I am wondering if there are any organizations out there that, in your opinion, seek to promote a good balance between state laws that protect the integrity of HOAs and protect the individual homeowner rights within them, while fighting back against state overreach.
If there are any such organizations that you believe are on the “right track“ in this regard, perhaps you could share the names and contact info with your readers who might want to reach out to them. — M.M., Riverside
A: California has at least four organizations involved in one way or another in HOA legislation.
The largest is the California Association of Realtors, which has a “Homeownership Housing” committee that over the years has sponsored legislation regarding HOAs. CAR is responsible for almost all of the legislation over the past 15 years regarding reserves and transfer document costs disclosures.
However, CAR’s primary stated purpose is to advance the cause of real estate professionals, and it is not officially dedicated to advancing HOA issues. To be a voting member, one must be a licensed real estate professional (aka Realtor). Its web page is car.org.
A large organization involved in HOA issues is the Community Associations Institute, which consists of 62 chapters in the United States (eight of which are in California), Canada, South Africa and the United Arab Emirates. CAI has a membership of more than 43,000 homeowners, service providers and professional managers.
In California, CAI’s eight chapters allied with a separate lobbying entity called the California Legislative Action Committee of CAI, which regularly sponsors and opposes legislation concerning HOAs in California. Issues at the federal level are handled by CAI’s headquarters and its Government and Political Affairs Committee. Homeowners, managers, and service providers may be members of CAI. For more information, go to caionline.org or caiclac.com.
Another organization in California, consisting of professional managers and service providers, is the California Association of Community Managers.
CACM was created by a group of veteran managers in 1991, and primarily educates and credentials HOA managers. It also has a political action committee and advocates in Sacramento regarding HOA legislation. One must be a practicing professional HOA manager or service provider to be a member. For more information, go to cacm.org.
The Executive Council of Homeowners was created by five homeowners and some service providers in 1972 and now has 1,500 HOA members and 250 service provider members. The organization, as the name implies, focuses on HOA volunteers, and, like the other organizations, provides legislative advocacy on issues concerning California common interest developments. For more information, go to echo-ca.org.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected].