Is AB 49 Unfair to Green Homeowners Associations?

Proposed California bill AB49 requires an across-the-board reduction in water use by 2020. Such a requirement is unfair to those Homeowners Associations which have already voluntarily invested thousands of dollars and resources to reduce their water consumption, while excusing those who have done nothing.

WaterProposed California bill AB49 requires an across-the-board reduction in water use by 2020. Such a requirement is unfair to those Homeowners Associations which have already voluntarily invested thousands of dollars and resources to reduce their water consumption, while excusing those who have done nothing.

Such an amendment will reward those Homeowners Associations who have not adopted water use reduction strategies while still requiring those who have to comply with a 20% reduction.  Those Associations that have achieved significant water reduction will have to further reduce their consumption by 20%, a requirement which could have disastrous consequences for both the aesthetic appeal and health of community assets.

AB 49 is another example of the tidal wave of new legislation, regulations, and local ordinances to implement the mandates of AB 32 (The California Climate Change Solutions Act).  The AB 32 CID Advisory Council was established to monitor this type of legislation, and advise of its possible impact.

Contact me for more information on AB 49, AB 32 and its progeny.

Your HOA board was not properly elected. Are its actions valid?

Are the actions taken by a board who may have been improperly elected valid?

VoteAre the actions taken by a board who may have been improperly elected valid?  This question can hamper the governance of an association by calling into question all actions taken by a board where there where some procedural imperfections in the election that seated the board.  California state Senator John Benoit has introduced AB 259 to reslove this issue.  AB 259 is intended to avoid disruption in the governance of an HOA by preventing the voiding of actions taken by a board when the board’s election had some procedural irregularities, unless the court finds that the action of the board was contrary to law or to the governing documents.

Once enacted, this bill should help any board facing a challenge to an election months after the election.