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November 4, 2006
HOMEOWNER BILL OF RIGHTS - AARP's Proposal - Take a Look - Read Between the Lines
There are many versions of Bills of Rights for Homeowners who live in common interest developments in California and elsewhere. AARP is floating a proposal that is 69 pages long. Its a difficult, tedious read, but I suggest you take a close look. While it is a pleasing read for the most part, there are some things that you should know. The proposal contains many suggestions for rights that are already embodied within California law. But some of the suggestions in the proposed Bill of Rights go a step too far past the line that needs to be drawn from the administration side of things, just to keep a reasonable balance. What benefit is common interest living if not having the advantage of being part of a community that shares, and therefore makes affordable to many , very nice housing, desisrable amenities, and someone else to do the financial planning and "dirty work" of enforcing the regulations.
AARP purports to speak for its members; hopefully it is going to be true to them with this process by explaining the ramifications of some of the provisions of the Bill of Rights. It may look good to individuals who know little about the administration of an HOA. And of course it is understandable that the group would introduce a Bill of Rights it believes protects its members from unreasonable conduct by a Board of Directors. However, a cautionary note is needed because trying to elevate each individual's interests above the interests of the community as a whole can lead to serious problems. (Have you not heard of too many chiefs, not enough indians?) It is important for all (not just seniors - because we will all be there someday) to closely review the proposal for rights, and especially the part about individual autonomy being a right of each owner. Can you see where I am going. If everyone can express themselves in an unfettered, uncontrolled manner, there are sure to be neighborhood wars. Emphasizing individual automony over the group interests does not foster a consensus-building society or good neighbor relations. And it can seriously hamper cost and time efficient administration and management of the community.
What I am suggesting is that it is important to read between the ilines, and understand the ramifications of a Bill of Rights that gives short shrift to the responsibilities that come with common interest living. Take a look next week on my website (http://www.californiacondoguru.com) for a new article that examines the Bill of Rights very closely. While I am sympathetic to owners who are subject to "closed-minded boards", I am also cognizant that HOAs need powers of enforcement, assessment collection, and support from the community simply to survive.
Look for the article.
Posted by Beth Grimm at November 4, 2006 10:12 PM