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we're going to talk about their new law and changes obviously effective January
of 2014
there are some of my brothering out there
that are literally saying that you don't have to redo your documents for
2014 that the law is
applicable in 2014 and that means you have to do all your year-end
documents in 2014
I can't think of anything that is farther from the truth
because there are pivotal provisions in the statute
that talk about penalties
if you have not done these proper mailing of notices and the year-end
documents who wants to be the the manager who says to your boards
you can't increase your assessments because I did not get out all the
documents in the year-end
package that is a penalty now that is written into the law
and it's such a big deal let's assume I'm wrong and everybody else is right or whoever
has that position is right
why wouldn't you at least want to hedge your bet to get the documents out so that they are
compliant with the statute
originally when the law commission was
asked by the legislature to rewrite Davis Stirling it was supposed to be just
reorganization and renumbering as we
all know and if you don't you'll likely know after we're done
they made a number a substantive changes
14 big deal changes one of the things that we won't have
is we won't have all the subsections each new section of the Davis Stirling Act
will be a stand-alone section so currently 13 6303
is gazillion different subsections and sub subsections and it makes it hard
to really to find the applicable provision
concentrate more on the substantive part of it and don't get caught up in the
numbering
there all these great tools out there to
help us translate the numberings from one to another
we have it on our web on our blog we have laminated copies
I'll have them shipped to your office if you need them
because they are really a very good tool and so
that really shouldn't be our concern it's mine too I mean I've been for all
these years using those code numbers and
they were second nature to me so we'll all be learning them together
supposed to be easier to understand I'm not really sure that's accurate
but we're going to give that our best shot
what has changed well I'm going to just briefly tell you the big ticket items
of what has changed
and then obviously I'll be breaking them down into substantive matters for you
I will take questions as we go along it won't ruin my mojo if I don't
call on you it means I'm at a point where I really feel I need to go
just give me a second to repeat the questions so it makes sense for who might
be hearing this again in the future and in case the people in the back
could not hear so the new changes include changes to delivery and notice
to both members
and the association and we'll be talking about provisions
that just never existed before there were no definitions for
certain notices before we will finally have what I call the duh
section conflicts of interest for board members
so the day before yesterday I taught this class in Orange County
and I spent three-and-a-half hours in a meeting that should have been a sign
that things are not going well with a board where to the board members
five homeowners five board members its and their documents
that has to happen and they were fighting because they wanted
to be able to vote on matters in which they had a conflict of interest because they
didn't think it was
fair that they didn't so I keep on joking that this duh like each everybody
should know what conflicts of interest are
and I thought it was sort of interesting that in the middle of this
storm I actually had a meeting with somebody that didn't understand it
and didn't want to agree to it the year and disclosure statements there are
a bunch of new things but there are some old
things as well and things that really should not
make us nervous we have a checklist we put it in
your packet so when you're going through documents just make sure that all the
things on the checklists are checked off you will know
that you've complied with what the statute requires
so that you're not in that awkward situation of not being
able to enforce the association's assessment
increase the year-end
packages are are going to be put into two packages one is the
annual budget report and there's five components to that
so that's sort of easy and there all documents in some
manner although they have a little bit different name
that you're used to and then the other is the annual policy
statement and it's 11 components to that and some them
are new and they are a little tricky but nothing really that should be
throwing us new definitions and terminology I have no idea why this was
done but
we do have a new definitions and we'll go through that
hierarchy of governing documents I call this duh two
because we always know laws controlling
then CC&Rs then articles bylaws
and rules and regulations and interestingly enough
they didn't put the condo plan as a
document that is in the hierarchy and I find the condo plans to be very important
when really having a difficult time in assessing
is this Association maintenance
or condominium unit owner maintenance
grants of exclusive use common area the 67% requirement for
members to approve a grant of common
area remains however those things that the board can do unilaterally
has been increased and so we'll go through that as well
election results how they come about and what you
do with that information records inspection that for the most part is the
same
provisions affecting assessments and liens
there actually was a law that went into place this year but you'd never
know it by
how many people did not realize this and I think that's part of our failure
not getting the word out but
effective this year and absolutely in the new Davis Stirling Act
you're supposed to note when the board votes in
executive session to foreclose not to record a lien but foreclose
in the next set of general session minutes you're supposed to go in and notate
that decision with the APN number
so that has to go in your next minutes and
hey everybody starting January 1st we're gonna all make sure that we
do that
and Tracy do we put our APN numbers in our authorization forms
that go to the board for approval on the notice of sale
okay so the answer is yes its on the board resolution to initiate
foreclosures so you don't have to worry about going to title
to getting that number you can rely on it
and obviously use it when you are preparing your next minutes