Help Us Stop the Astro-turf Mandate!

Assembly Bill 1793 would prohibit associations from restricting or banning the installation of artificial lawns.

The bill totally removes an association’s right to maintain a natural grass streetscape in order to preserve the ambiance and property value. It will create friction in the association and opens the door to lawsuits.

The bill imposes a State mandate on even the smallest of communities while disregarding important factors listed below in a sample letter. I am asking you to “copy and paste” the sample letter onto your letterhead and FAX it to the legislators identified below.

We need to stop the rush to judgment by some legislators who think they are simply saving water by voting for this bill, when in fact the bill creates serious problems and will cause unintended negative consequences.

We are asking you to weigh in on this bill today by faxing the committee members that will vote on it next Tuesday. Your fax NEEDS to arrive in their capitol offices no later than this Friday.

Copy and paste the letter below onto your letterhead and fax it in!

Thank you very much.

———————————————————————–

TO: Members, Senate Transportation and Housing Committee
RE: OPPOSE AB 1793 (Saldana)

I am urging you to vote NO on AB 1793.

AB 1793 would void any homeowner association rule that prohibits installing artificial grass, and would therefore permit all property owners to install it. Here are my reasons for opposing the measure:

It singles out a class of property owners in common interest developments and may violate the equal protection clause of the Constitution.

Artificial grass may ruin a community’s curb appeal and reduce owner and neighbor’s property value
Existing law already mandates local public agencies to adopt and enforce water usage by which CIDs must abide
Civil Code 1358.8 already addresses water usage and landscaping in CIDs per AB 1061 (Lieu), which just became effective in January

• It micromanages communities and overrides local control
• It lacks definition of “grass”… what variety, color shade, seasonal vs. perennial, length?
• It statutorily promotes certain company products
• It does not address possible water runoff, flammability, and toxicity issues identified in various

governmental studies

• It will increase an HOA’s liability and generate lawsuits due to harm that can be caused by the toxic chemicals used in the manufacturing of the artificial lawns

AB 1793, if passed by this committee, should be referred to the Senate Environmental Quality Committee.

Thank you for considering my request. I shall be glad to relay your response to my neighbors.

Sincerely,

___________________________

FAX TO THE COMMITTEE STAFF AND THESE LEGISLATORS:

SENATE TRANSPORTATION AND HOUSING

Fax: 916-445-2209

Name District Party Phone Fax

Ashburn, Roy 18 R (916) 651-4018 (916) 322-3304
DeSaulnier, Mark 7 D (916) 651-4007 (916) 445-2527
Harman, Tom 35 R (916) 651-4035 (916) 445-9263
Huff, Robert (Vice Chair) 29 R (916) 651-4029 (916) 324-0922
Kehoe, Christine 39 D (916) 651-4039 (916) 327-2188
Lowenthal, Alan (Chair) 27 D (916) 651-4027 (916) 327-9113
Oropeza, Jenny 28 D (916) 651-4028 (916) 323-6056
Pavley, Fran 23 D 916 651 4023 916 324-4823
Simitian, Joe 11 D (916) 651-4011 (916) 323-4529

The Importance of Recording a Lien Correctly

If a homeowner who is behind in their dues files bankruptcy and the property goes into foreclosure, will the HOA (Homeowners Association) be able to collect the assessments owed? It depends. If the HOA has properly recorded a lien against the owner’s interest the HOA will be considered a secured creditor and will have a much better chance of collecting.

The HOA must have a written statement of the policy for collecting delinquent assessments which is distributed annually to owners. The lien can only apply to delinquent assessments and to late fees, costs of collection (including attorneys’ fees), interest on delinquent assessments, and reimbursement assessments for damage done to the common area. The lien and foreclosure process cannot be used to collect fines for rules violations or other monetary penalties.

The decision to record a lien must be made by the board of directors in an open meeting and the vote to record a lien must be mentioned in the minutes of the meeting. The decision to record a lien cannot be delegated to the managing agent or property manager. At least 30 days before a lien is recorded the owner of the separate interest must be sent notification by certified mail. The notice must contain all of the items listed in California Civil Code Section 1367.1. Among other requirements, these items include an itemized statement of charges and the right to request a meeting with the board.

Having a collection policy in place and enforcing it systematically is important to protect the HOA. If it is determined that the HOA has recorded a lien in error, the HOA must promptly reverse all late charges and fees and release the lien. The HOA would also have to pay all costs relating to dispute resolution which might include attorneys’ fees for the owner of interest.