LEGISLATIVE UPDATE – article from the CAI – Orange County Regional Chapter Magazine

Dori Kagan of U.S. Bank and James Harkin, Esq. of Cane, Walker & Harkins, LLP

LEGISLATIVE UPDATE The November luncheon was a sell out, and for good reason. Our members flocked to listen to the Legislative Update. The speakers were Jeffrey Beaumont, Esq. of Beaumont Gitlin & Tashjian, Skip Daum, Lobbyist for CAI•CLAC and Jamie Hackwith from Amber Property Management. The panel discussed the newly adopted laws as well as the ones that failed. The panel focused on three Bills that are particularly relevant to homeowners associations. AB 2016 allows homeowner Associations to record “blanket” request for notice of foreclosures. SB 294 extends the Manager Certification Act three years with the sunset moving to 2015. SB 1427 allows opportunity for the purchaser of a foreclosed property to cure any nuisance or maintenance deficiencies prior to fines. Detailed articles regarding these bills were published in earlier issues of the OC View. Since the discussion on the enacted legislation was brief, it allowed the speakers to discuss judicial decisions in detail. The members learned about case law relative to alternative dispute resolution, the Americans with Disabilities Act, and architectural issues. The panel discussed consequences of making public areas private, the benefits of clear and frequent communication with association members and much ado about an owner’s right to inspect records. The speakers gave different perspectives on each issue. Skip Daum talked about the impetus for the legislation while Jeffrey Beaumont gave details and legal ramifications. Jamie Hackwith brought it all back around for the managers and board members in the audience with the action to be taken and/or lessons learned. There was an easy and comfortable banter between speakers making a potentially dry topic easy to listen to and, at times, quite entertaining Skip Daum closed the formal presentation with potential topics of future bills, including artificial turf, transfer fees and reduced board authority.

The members were engaged with the program and asked several questions at the end.

The program was coordinated by Dori Kagan of U.S. Bank and James Harkin, Esq. of Cane, Walker & Harkins, LLP.

– Article from the O.C. View Jan/Feb 2011 Vol XXXVI. NO.1 –

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