California CLRC proposal for state assistance to HOAs
CALIFORNIA LAW REVISION COMMISSION STAFF MEMORANDUM
Study H-853 March 2, 2005
Memorandum 2005-10
State Assistance to Common Interest Developments
(Staff Draft Recommendation)
See p. 66 for my letter to the Commmission.
CLRC
My second paragraph reads:
"To state my concerns concisely: Any statute, law, agency rule or regulation not accompanied by an enforcement process or procedure is not a statute, law rule or regulation. It’s an empty statement of policy, relying on the goodwill and citizenship of the people to whom it applies. And when in the course of human events, when a long train of abuses and usurpations, pursuing inevitably the same object, evinces a design to reduce homeowners under an undemocratic, despotic form of corporate government over their homes, their private properties and their lives and the lives of their loved ones, restricting the liberties and freedoms given to and enjoyed by other persons not living in a CID, then it’s for the government to provide the necessary oversight and to exercise its rightful and proper police powers to regulate the abusers, and to restore to homeowners in living in CIDs the same rights and privileges enjoyed by all other persons in the state. It is only fitting for the legislature to enact such proposed legislation."
Study H-853 March 2, 2005
Memorandum 2005-10
State Assistance to Common Interest Developments
(Staff Draft Recommendation)
See p. 66 for my letter to the Commmission.
CLRC
My second paragraph reads:
"To state my concerns concisely: Any statute, law, agency rule or regulation not accompanied by an enforcement process or procedure is not a statute, law rule or regulation. It’s an empty statement of policy, relying on the goodwill and citizenship of the people to whom it applies. And when in the course of human events, when a long train of abuses and usurpations, pursuing inevitably the same object, evinces a design to reduce homeowners under an undemocratic, despotic form of corporate government over their homes, their private properties and their lives and the lives of their loved ones, restricting the liberties and freedoms given to and enjoyed by other persons not living in a CID, then it’s for the government to provide the necessary oversight and to exercise its rightful and proper police powers to regulate the abusers, and to restore to homeowners in living in CIDs the same rights and privileges enjoyed by all other persons in the state. It is only fitting for the legislature to enact such proposed legislation."
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