transcript   Transcript

Consumer Rights in California Common Interest Developments: Transparency in Association Records

Recorded on: Jan. 18, 2018
Running Time: 00:56:49

Full Transcript:



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Taken from the Web Program Representing Modest Means Homeowners in Association Disputes: Key California Statutes and Consumer Protections Recorded January 2018 in New York

Consumer Rights in California Common Interest Developments: Transparency in Association Records [00:56:49]

Policy and legal framework for discussion: quasi-governmental nature of common interest developments (CIDs); its hybrid legal framework and powers; fiscal reasons for the growth of California CIDs; owner demographics; lack of regulation of CIDs: enforcement of homeowner consumer rights through private action in the courts; the infrastructure of the association industry; hierarchy of governing documents.

The Homeowner’s Right to Transparency

The homeowner’s longstanding right to association records; the need for transparency; legislation (AB1098/2005) modeled on the Public Records Act; defines “records”, the process for retrieving them, permissible redactions and changes; resistance of the association industry to transparency; recourse for the homeowner through small claims court; relief that the court might order, including recovery of costs.  Recent cases brought by homeowners to county district attorneys and U.S. Attorneys.
Commissioner Dave Jones, Marjorie Murray


Presentation Material
  • Representing Modest Means Homeowners in Association Disputes: Key California Statutes and Consumer Protections (PowerPoint slides)
    Justin T. Berger, Commissioner Dave Jones, Marjorie Murray, Eric M. Schiffer
  • Representing Modest Means Homeowners in Association Disputes: Key California Statutes and Consumer Protections Complete Course Handbook
  • Cal. Civil Code §§4095-4125
    Marjorie Murray
  • Cohen v. Kite Hill 142 Cal.App.3d 642 (1983)
    Marjorie Murray
  • Damon v. Ocean Hills Journalism Club 85 Cal. App. 4th 468 (2000)
    Marjorie Murray
  • Villa Milano Homeowners Association v. IL Davorge 84 Cal.App.4th 819, 836 (2000)
    Marjorie Murray
  • Chantiles v. Lake Forest II Master Homeowners Association 37 Cal.App.4th 914 (1995)
    Marjorie Murray
  • Cal. Civil Code §§4340-4370 “Operating Rules”
    Marjorie Murray
  • Fair Employment and Housing Commission v. Auburn Woods I Homeowner Association 121 Cal. App. 4th 1578, 1591 (2002)
    Marjorie Murray
  • California Department of Fair Employment & Housing - Fair Housing Bulletin
    Marjorie Murray
  • Cal. Civ. Code §§5200-5240 “Association Records Inspection”
    Marjorie Murray
  • Assembly Judiciary Committee Analysis of AB1098/Jones, “Association Records,” (2005)
    Commissioner Dave Jones
  • Fact Sheet on Assembly Bill 1098/Jones Listing the Support of California Attorney General Bill Lockyer
    Commissioner Dave Jones
  • Moran v. Oso Valley Greenbelt Association HOA, 117 Cal.App.4th 1141 (2004)
    Commissioner Dave Jones
  • Franz v. Golden Rain, No.: 04WS02024 Sample Plaintiff’s Trial Brief, Superior Court of the State of California County of Orange County, West Justice Center
    Commissioner Dave Jones
  • Golden Rain Foundation v. Franz et. al. 163 Cal.App.4th 114 (2008)
    Commissioner Dave Jones
  • Cheney v. Sun City Roseville (Placer County), SC100 – Brief Asserting Jurisdiction of Small Claims Court to Hear HOA Records Cases
    Commissioner Dave Jones
  • Cheney v. Sun City Roseville, (Placer County), Statement of Decision – Judgment Confirming Right to Access Records and Levying Penalties and Costs
    Commissioner Dave Jones
  • Sample Executed Contract Between an Association and a Third Party Debt Collector
    Marjorie Murray
  • SB 561 Fact Sheet
    Marjorie Murray
  • Cal. Civ. Code §§5100-5145 “Association Member Elections”
    Commissioner Dave Jones
  • Assembly Judiciary Analysis of SB1560/Jones and Battin (HOA Member Elections)
    Commissioner Dave Jones
  • Cooke v. The Ranch, (Sacramento County); SC100; SC100 Addendum
    Commissioner Dave Jones
  • Cooke v. The Ranch, (Sacramento County); Entry of Judgment Ordering the Ballot Recount
    Commissioner Dave Jones
  • Battram v. Thoms Creek Estates HOA, Final Amended Complaint
    Marjorie Murray
  • Battram v. Thoms Creek Estates HOA, Order Awarding Costs and Fees to Plaintiff
    Marjorie Murray
  • Battram v. Thoms Creek Estates HOA, Order Awarding Plaintiff's Attorney Fees
    Marjorie Murray
  • Senate Judiciary Analysis of AB1799/Mayes (2016), Legislation to Void Civ. Code §§5100-5145 (Election Statutes)
    Marjorie Murray
  • Letter from Rutgers Law School Constitutional Rights Clinic Opposing AB1799/Mayes
    Marjorie Murray
  • United States of America v. Barna (2012), Indictment U.S. District Court Eastern District
    Marjorie Murray
  • United States v. Barna (2012), Sentencing
    Marjorie Murray
  • United States v. Cornerstone Management and Robert Walsh (2016), Indictment, U.S. District Court Southern District California
    Marjorie Murray
(s)
Commissioner Dave Jones ~ California Insurance Commissioner, California Department of Insurance; former Chair of the California Assembly Judiciary Committee
Marjorie Murray ~ President, Center for California Homeowner Association Law
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