Monday, January 14, 2008


We need an ombudsman who can enforce the law, and can dismissbad boards, bad attorneys,and bad management

Letter to Desert Sun
February 10, 2006

An article in the Desert Sun titled: "Legislature votes for Homeowners Association " - January 31, 2006 stated: Assemblywoman Bonnie Garcia, R-Cathedral City, said she opposed the (Ombudsman Bill) because she preferred to develop a way to serve homeowners association residents through local offices, where the staff would know the communities better than state officials could. "'I think the best enforcement is done at the local level," Garcia said.

As a founder of HOA Coalition and talking with many homeowners, it is well known that Garcia has done nothing to support any homeowner who has sought her help in her local office in Cathedral City, California.

The organization, California Association of Community Managers (CACM) has done nothing to help homeowners fight against what are all too often unlawful and even criminal behavior of boards, attorneys and management of HOAs.

I attended a class given by, Community Association Institute (CAI) for board members. What was learned in class was how to avoid homeowners' complaints, and get around the civil and corporation codes that regulate the covenants of HOAs.

We need an ombudsman who can enforce the law, and can dismiss bad boards, bad attorneys and management, who are all "educated" by CAI.

Sacramento, California -September 22, 2006

A controversial bill by California Democrats to impose a new tax on 7 million homeowners who live in homeowner associations in California was vetoed by the governor today. Most homeowners objected the bill as it was written to profit the homeowner association industry.

AB 770 by Assemblymember Gene Mullin (D-South San Francisco) would have imposed a biennial association fee on common interest development associations to fund the Office of the Common Interest Development Ombudsperson. ($24 million) .In his veto message Governor Schwarzenegger wrote:

To Member of the California State Assembly:
I am returning Assembly Bill 770 without my signature.

This bill is unnecessary at this time. Recent legislation has been enacted to address various problems cited by the author in proposing this bill, including directives to the Department of Consumer Affairs and the Department of Real Estate to develop an on-line education resource for common interest development board members, as well as a requirement that associations provide dispute resolution procedures. It is necessary to gauge the effectiveness of this recently enacted legislation before creating an entirely new state office.

Additionally, this bill provides no clarification on the type of dispute resolution services that will be provided by the proposed Ombudsman and does not specify the difference between informal dispute resolution required by this bill and formal mediation, which the Ombudsman would not provide.For these reasons, I am returning this bill without my signature.

Arnold Schwarznegger