A group of the homeowners requested support from the Board of Directors to formulate a "Neighborhood Watch Program."  The board made it clear we will not be allowed to post the "Neighborhood Watch” signs.

Does the Board of Directors have the right to refuse the posting of Neighborhood Watch sign?  How can five members of a board be in charge of the safety of a community as large as ours?

Who is the primary legal entity responsible for enforcing the provisions of the Stirling-Davis Act?  Whatever assistance you can afford me in this regard I would sincerely appreciate.  I thank you in advance for your time.

However, the root cause of the law's violation is usually not dishonesty or ill will, but ignorance.  The Davis-Stirling Act, originally only a few pages long when enacted in the mid-80s, today is lengthy and complex and growing more so each year.  Therefore, education, not court action is the key to prevent and resolve community conflict.

The Community Association Institute (CAI) is one source of assistance, offering a number of educational opportunities.

Check www.CAIonline.org to locate a chapter in your area.  The Orange County Chapter of CAI currently has a mediation program in place, and the Los Angeles chapter reportedly is also developing such a program, to help resolve disputes before the destructive expense and hostility of lawsuits.  CAI state-wide is working on new legislation to encourage directors to receive training, which should be introduced in the state legislature soon.

There is a movement to establish a state-wide “HOA police,” which may fall into the “be careful what you wish for” category.  Assemblywoman Saldana has a bill, AB 567, seeking to establish a state-wide “Common Interest Development Bureau.”  It would be funded by a five dollar per year tax on each HOA residence in the state, giving it initially about a $22 million annual budget, which could be doubled if the Bureau decided it needed more.  Among other things, the Bureau would investigate alleged violations of law, and could impose fines up to $1,000 per violation, with no judicial oversight. In other words, a judge could not disturb a fine if imposed by the Bureau.  Having passed the Assembly, AB 567 is now being considered by the Senate.

The answer is not statewide “HOA Police” or rampant lawsuits, but is for our communities to become better educated as our CID laws continue to become more complicated each year.