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May 17, 2005
Can the Davis Stirling Act be Simplified?
The California Law Revision Commission has taken on a big job. It will concentrate once again on trying to simplify the Davis Stirling Common Interest Development Act. This may take years. The CLRC started this process in 2002-2003 but found it to be a daunting task, and decided that focussing on nonjudicial resolution of various matters was a more reasonable approach. As a result, bills relating to ADR (alternative dispute resolution), IDR (Internal Dispute Resolution) and reasonable architectural policies were recommended, authored and passed into law. These all focus on "fair and reasonable" procedures and "prompt" timelines for resolving disputes and for resolving architectural control processes and issues. It also worked on oversight and as a result two "ombudsperson" bills were introduced, that are being handled as "two-year" bills. They are discussed in an earlier post. Now for them it is time to consider rewriting and reorganizing the entire Act, and incorporating pertinent provisions of the California NonProfit Mutual Benefit Corporation Laws that affect most of the HOAs in California. Their process is much more reasoned, deliberative and sound than knee-jerk reactionary legislation that comes from constituent pressure and bad press. Check out the agendas, reports, and comments found at the state's website at http://www.clrc.ca.gov.
Posted by Beth Grimm at May 17, 2005 11:04 PM