MEMORANDUM
FROM: Bill Breetz, Reporter
DATE: February 23, 2005
RE: Materials
for Drafting Committee’s Chicago Meeting, March 4-6, 2005
Ladies and Gentlemen:
I enclose a variety of materials for our next meeting. Each part is set out in a separate but attached email folder. They are:
Below, I have:
1. outlined the sections of existing UCIOA to be addressed [based on my current notes],
2. outlined several sources of thinking on a separate “Homeowners Bill of Rights, and
3. incorporated the entire text of several significant statutes, reports and recommendations.
As you consider them, I urge you all to review with special care the extensive report from AARP, which I just received on Monday. It appears as PART 3, ITEM H. This report is clearly written in response to concerns expressed by individual AARP members to the AARP staff – and advocates strongly in favor of individual owners’ rights in the face of what the writers perceive to be clear association abuses. The current draft expressly rejects a number of UCIOA’s existing provisions. The report is detailed, provides examples, and provides commentary. As one person phrased it, “the AARP materials are very broad, and a major over reaction.” At the same time, they reflect some serious thinking and deserve our attention.
I have spoken with the AARP staff person to urge him to join us in Chicago. He is unable to do so, but would be willing to speak with us on the telephone, if we so desire. He is not a lawyer, and did not draft most of these materials. QUESTION- How does the Committee feel about such a call? Please let me know BEFORE the meeting!!!
I hope you find these materials useful.
Section 1-102 [Definitions]
“Common Interest Community’
“Condominium”
“Special Declarant Rights”
Section 2-107 [Allocation of Allocated Interests]
Section 3-101 [Organization of Unit Owners Association]
Section 3-102 [Powers of Unit Owners Association]
Section 3-103 [Executive Board Members and Officers]
Section 3-106 [By-Laws]
Section 3-111 [Tort and Contract Liability; Tolling of Statute of Limitations]
Section 3-113 [Insurance]
Section 4-103 [Public Offering Statement: General Provisions]
Section 4-113 {Express Warranties of Quality]
Section 4-114 [Implied Warranties of Quality]
Section 4-115 [Exclusion or Modification of Implied Warranties of Quality]
Section 4-116 [Statute of Limitations For Warranties]
Section 4-117 [Effect of Violations on Rights of Action; Attorneys Fees]
The sources of ideas for this part are as follows:
1. A range of topics taken from Notes that Carl Lisman took in Waltham [those notes are attached in Part 3, Item d. of these Materials [the numbers correspond to the Lisman minute paragraph numbers]
2. Two proposals for a government-supervised Dispute Resolution mechanism – one from California, one from Montgomery County, Maryland. [The California proposal can be found in the attached materials Part 3, Item E; the Montgomery County Materials are en route in the mail, and will be separately forwared.]
[Note - We have scheduled a telephone call on Friday with the supervisor of the Maryland program]
3. Bob Diamond has a series of thoughts on the subject – see Part 3, Item A, item 13]
4. Community Associations
Institute has published a piece on this topic entitled “Rights &
Responsibilities for Better Communities - Principles for Homeowners and
Community Leaders.” That piece is enclosed as Part 3, Item B.
5. California Architectural
Review Committee statute – see Part 3, Item F.
6. California Procedural Fairness Statute – see Part 3, Item G.
7. AARP draft Homeowners’ Bill of rights [received Feb.21, 2005] See Part 3, Item H. In part 2, I have summarized the AARP materials that are attached in full in part 3.
a.
Breetz memo on List of Potential
Issues [Diamond Discussion]
b.
CAI piece on Homeowners Rights and
Responsibilities
c.
Excerpts from Uniform Prudent
Investor Act
d.
Carl Lisman Notes From Waltham on
Homeowner Bill of Rights issues
e.
California 2004 Legislation on
Alternative Dispute legislation
f. California Architectural Review Policy
g. California Procedural Fairness Rules
h. AARP draft Homeowners’ Bill of Rights/commentary [received Feb.21, 2005]