HOA’s Harm How POOR is HOA “Regulation”?
In CA the State Attorney General (Kamala Harris, from 2011-17) has responsibility for overseeing HOA’s - BUT, only in certain very basic realms (e.g., must notify members of Assn. meetings). This oversight is so general that it provides owners no real, meaningful ways to counteract typical HOA problems. No CA State Agency will take significant, meaningful action when homeowners are wronged. If an owner lodges a complaint with the CA State Attorney General, the CA-AG automatically sends notification to the owner’s Assn. of the complaint. This can cause more harm than help, especially since the CA-AG rarely does any HOA “investigation.” The CA Bureau of Real Estate has responsibility for oversight of how HOA’s market themselves to buyers, but it puts the burden of proof of any wrong-doing on anyone who registers a complaint; an untenable tasks! Despite the fact that purchase of a home/house is one of the most major events in the lives of most people, the CA Dept. of Consumer Affairs has absolutely no interest in the experiences of consumers in their dealings with HOA’s (based on our direct experience). Because HOA’s laws are virtually unenforced, heavily favor Boards and are written in rather vague ways, homeowners are at a severe disadvantage. When one group of individuals is given this kind of power over others, abuse-of-power is the inevitable outcome. The majority of problems within HOA’s stem from this basic dynamic. Indeed, the entire HOA “system” is a “set-up” to produce it. This is the REALITY in almost ALL States! A few have tried
HOA’s Harm How POOR is HOA “Regulation”?
In CA the State Attorney General (Kamala Harris, from 2011-17) has responsibility for overseeing HOA’s - BUT, only in certain very basic realms (e.g., must notify members of Assn. meetings). This oversight is so general that it provides owners no real, meaningful ways to counteract typical HOA problems. No CA State Agency will take significant, meaningful action when homeowners are wronged. If an owner lodges a complaint with the CA State Attorney General, the CA-AG automatically sends notification to the owner’s Assn. of the complaint. This can cause more harm than help, especially since the CA-AG rarely does any HOA “investigation.” The CA Bureau of Real Estate has responsibility for oversight of how HOA’s market themselves to buyers, but it puts the burden of proof of any wrong-doing on anyone who registers a complaint; an untenable tasks! Despite the fact that purchase of a home/house is one of the most major events in the lives of most people, the CA Dept. of Consumer Affairs has absolutely no interest in the experiences of consumers in their dealings with HOA’s (based on our direct experience). Because HOA’s laws are virtually unenforced, heavily favor Boards and are written in rather vague ways, homeowners are at a severe disadvantage. When one group of individuals is given this kind of power over others, abuse-of-power is the inevitable outcome. The majority of problems within HOA’s stem from this basic dynamic. Indeed, the entire HOA “system” is a “set-up” to produce it. This is the REALITY in almost ALL States! A few have tried to make significant improvements to HOA Laws, e.g., Florida. However, the HOA-Industry lobbies exert a powerful counter- force. Inevitabily, for Homeowners, enforcement remains the final “catch.” NOTE: While in-office, Kamala Harris did NOTHING to assist HOA owners in any significant way. CA is estimated to have 14.3 Million people living in HOA - 38% of the State population! back to Contents