Wednesday, May 26, 2004

AB 2598 Assembly Bill - Bill Analysis
Here's an explanation of the bill, and I note that it seems to have passed the Judiciary Committee:

SUMMARY : Seeks to give homeowners more reasonable protections
in their dealings with their homeowners' associations, leading
to a more balanced "playing field." Specifically, among other
things, this bill :

1)Prohibits the use of the non-judicial foreclosure process by
homeowner associations in collecting overdue assessments when
the underlying debt is for the failure to pay association
assessments or dues.

2)Permits any member of a homeowner association to file a civil
action against the association should the member be denied
access to needed association records, including accounting
documents and membership lists, for inspection and copying;
provides for an award of attorney's fees to the resident if
she or he prevails in a civil action brought against a home
owners' association for a breach of this provision; authorizes
the court to impose a civil penalty of up to $500 per
violation of this provision; and clarifies that associations
may, consistent with existing law, redact information relating
to identity theft or attorney-client privilege.

3)Makes a technical correction to legislation enacted last year
(AB 1525, Longville) to comport with the Legislature's intent
in that law to protect a homeowner's right to express views
from their homes by using traditional methods of communication
such as window signs and lawn signs.


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