California Reparations Task Force

Hi Kelly:

My HOA just levied a [very large] emergency assessment against each of the units. It is to repair and replace balconies, stairwells, and siding. They have cited a threat to personal safety, but these issues developed over time as the result of neglect and mismanagement by the HOA and their failure to conduct regular maintenance. While the HOA may not have seen the issue until recently, it most certainly was foreseeable. Is this legal?

– B.P.

With black history month on everyone’s mind this month. I was fortunate to attend a fantastic Fair Housing and Diversity forum in Indian Wells last week at the California Association of Realtors Winter Directors Event. This forum focused on Reparations for African Americans and the California Reparations Task Force. The Reparations Task Force is studying the institution of slavery and its lingering negative effects on living African Americans, including descendants of persons enslaved in the United States and on society. This task force was put together to make recommendations to the California government following their findings. Led by Chair Kamilah Moore and rounded out by a fantastic group of Senators, Lawyers, Civil Rights Leaders, and Psychologists. This task force will have a Final report to be released on June 1, focused on Final Recommendations, Community Eligibility, and Compensation Models (Housing, Cash, etc.) with evidence to back each.

What are the possible Reparations?

Dear B.P.:

The statute authorizing emergency assessments, Civil Code 5610, allows boards to impose emergency assessments in the event of a court order, an extraordinary expense upon discovery of threats to personal safety, or for an extraordinary expense to address something which could not reasonably have been anticipated in the budget. It sounds like the board is invoking the second of the three reasons. I suspect many boards will in coming years invoke this “threat of personal safety” reason because of the mandatory inspections required by Civil Code Section 5551, as all HOAs must complete their first inspection before 2025.

A second, but often overlooked issue, is educating the members. All too often boards assume too much about what the members know and understand about the need for a major assessment (or assessment increase). Boards should take extra effort to provide the members information explaining the “whys” and not just the “whats.”

– Thanks, Kelly

They can include making amends for the offense or harm done, restitution for stolen land and cash, subsidized health care, legal services, satisfaction (Symbolic), and guarantees of non-repetition. There have been other instances both domestically, Japanese American Internment Camp Survivors, Rosewood Florida, and internationally, Post Nazi Germany, Holocaust Survivors, and Heirs, South Africa Apartheid, where Reparations have been made.

The interim report thesis is focused on 12 specific areas of systemic discrimination. Racial Terror

Political Disenfranchisement

Housing Segregation

Separate and Unequal education

Racism in Environment and Infrastructure

Pathologizing the Black Family Control over Creative Cultural and Intellectual Life

Stolen Labor and Hindered opportunity

Unjust legal system

Metal and Physical Harm and Neglect

The Wealth gap

Please use this link to read the full report, executive summary, and preliminary recommendations: https://oag.ca.gov/ab3121/reports

Final Proposals around housing are still being worked on, and a priority is to create a new state agency, African American/Freedman Affairs Agency, to continue this work and suggest to the governor to identify past harms and prevent future harms. This also could have a development branch similar to the former CA Redevelopment Agency to facilitate the development of housing. Also, they are looking for ways not just to give out cash, perhaps in the form of vouchers for housing, healthcare, and schooling, and continuing to remove those items or symbols. About 2.7 Million African Americans in California could be eligible. And the task force is looking at ways to accomplish this by more than just simple taxation, which I appreciate.

The California Association of Realtors released a formal apology this past year for their involvement in these covenants and laws. As of July 1st, anyone who finds language in a property deed that prohibits the sale of that property to someone because of their race can require the county to remove it. These covenants were outlawed in 1948, but advocates say the discrimination they created still exists today.

Kamilah Moore ended with a strong quote: “When it’s in your DNA and you believe something needs to be changed. Then no one can stop you.” I look forward to continuing to promote diversity in our Santa Barbara Community through our Santa Barbara Association of REALTORS and what the task force ultimately recommends.

Todd Shea

Specializing in Luxury Buyer & Seller Representation

Realtor Partner | Zia Group • Powered by eXp Realty

DRE#02028163 • (805) 991-9684 • Instagram@toddshearealtor • todd@ziagroup.com