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