National Blog

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16 thoughts on “National Blog

  1. I had a discussion a few days back on NextDoor, where one of the members of the Surfside HOA, Leonard Miller was claiming that you didnt lose any of your American rights by belonging to Surfside HOA. Actually, you lose many standard American rights by belonging to any HOA. Just one example, see the link below about the Freedom to Display the American Flag Act of 2005. This bill passed the House in 2005. Take special note of the last paragraph.

    +++++++++++++++++++++++++++++++++++++
    H.R.42

    One Hundred Ninth Congress

    of the

    United States of America

    AT THE SECOND SESSION

    Begun and held at the City of Washington on Tuesday,

    the third day of January, two thousand and six

    An Act

    To ensure that the right of an individual to display the flag of the United States on residential property not be abridged.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

    SECTION 1. SHORT TITLE.

    This Act may be cited as the `Freedom to Display the American Flag Act of 2005′.

    SEC. 2. DEFINITIONS.

    For purposes of this Act–

    (1) the term `flag of the United States’ has the meaning given the term `flag, standard, colors, or ensign’ under section 3 of title 4, United States Code;

    (2) the terms `condominium association’ and `cooperative association’ have the meanings given such terms under section 604 of Public Law 96-399 (15 U.S.C. 3603);

    (3) the term `residential real estate management association’ has the meaning given such term under section 528 of the Internal Revenue Code of 1986 (26 U.S.C. 528); and

    (4) the term `member’–

    (A) as used with respect to a condominium association, means an owner of a condominium unit (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association;

    (B) as used with respect to a cooperative association, means a cooperative unit owner (as defined under section 604 of Public Law 96-399 (15 U.S.C. 3603)) within such association; and

    (C) as used with respect to a residential real estate management association, means an owner of a residential property within a subdivision, development, or similar area subject to any policy or restriction adopted by such association.

    SEC. 3. RIGHT TO DISPLAY THE FLAG OF THE UNITED STATES.

    A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.

    SEC. 4. LIMITATIONS.

    Nothing in this Act shall be considered to permit any display or use that is inconsistent with–

    (1) any provision of chapter 1 of title 4, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law); or

    (2) any reasonable restriction pertaining to the time, place, or manner of displaying the flag of the United States necessary to protect a substantial interest of the condominium association, cooperative association, or residential real estate management association.

    Speaker of the House of Representatives.

    Vice President of the United States and

    President of the Senate.
    +++++++++++++++++++++++++++++++++++++++++

  2. I posted a question on one of my sites…Do you live in an HOA. Some are wonderful, but I hear from many people that many are horrible, and discover that they have signed away their rights. How is your HOA? If you feel it is good, why do think that is. If it isn’t what to you feel is the root cause?

    I am anxious to find out how many people are happy with their HOA and how many are not, and how they resolved that.

    My first response…
    FRANKLIN J. KAPUSTKA Civil/Mechanical engineering/design/drafting and GIS

    Ours has been dissolved. It was mismanaged and horribly written from the start. If it was not managed by homeowners, we would have been in real trouble. It is best if everyone simply maintains their own property. Any jointly owned and managed property such as retention ponds, detention ponds, bioswales, wetlands, etc. should be signed over to the county.
    Outside management companies are expensive.

  3. Good luck on this new site. I find it difficult to find where to make comments. Is this Administrator site the only area to make comments? Will this be available at the specific listed HOA sites such as Surfside? Thanks.

    1. One can only comment on this site if registered. Once you register it sometimes takes some time for the site to allow you to comment. Once registered you can comment on any blog on the site. All blog entries will show on this, the national blog, except the Surfside George Miller blog, or others that are added like that later, where the blog is not originating on this site but echoed from another site. I intend to see if I can get them to echo here also.

  4. New California Law gives some rights back to the property owners that live in HOAs. But I don’t feel it went far enough. The law still requires the individual home owner to sue the HOA if the HOA Board violates the laws. This is a very one-sided battle. Put penalties in the laws for the Board Members that voted to take actions that violated the laws or other wise intentionally violated the laws so that it is the State government enforcing the laws just like it would be with any other form of government.
    I understand that this is a new California law. SB 323 was signed by the governor of California, Oct 13,2019.

    See https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB323

    Who’s side is CAI on? See this from CAI. CAI OPPOSED this bill.
    https://caiclac.com/governor-newsom-signed-sb-323/

    PER CAI, SB 323 will implement the following, effective January 1, 2020:
    • It limits the right of an association’s membership to set qualifications for candidates. It prevents non-owners from running for the Board and allows associations to disqualify candidates only if they have been owners for less than one year, if a joint owner was on the Board or a candidate, if they have been convicted of a felony that jeopardizes the Association’s fidelity bond insurance, or if they were delinquent in assessments.
    • It prohibits associations from ever suspending an owner’s right to vote. It requires the inspector of elections to be an entity or individual with no previous contractual relationship with the association, which disqualifies an association’s existing managers, attorneys and accountants, among others. This will be a new cost for many associations.
    • It requires associations to post the requirements for running for the Board at least 30 days before the nomination deadline.
    • It requires associations to post the list of candidates, deadline for returning ballots, time and place of the annual meeting, all 30 days before ballots are mailed.
    • It allows owners to review the signatures of all other owners on the outside mailing envelopes, and to copy voter lists, including parcel numbers. As a condition of casting a ballot, homeowners must give up their right to keep their signatures private.
    • It makes member e-mail addresses part of the membership list available to all members, upon request. Members can opt out of having their e-mail addresses included with the membership list, but the bill makes NO allowance for e-mail addresses that have already been provided to associations.

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