HOA Homefront Reader Questions: Who is watching out for HOAs?

from House & Home: May 01, 2022

by Santa Barbara News-Press

On Gardening: Calibrachoa Superbells gave winter the one-two punch

Who is Watching Out For HOAs?

By Kelly G. Richardson, Esq. CCAL

Kelly:

Thanks again for your recent informative column pertaining to new state laws pertaining to HOAs. I would never say that the state should stay out of HOA business completely. I think most of the provisions of the Davis-Stirling Act are to the benefit of HOA homeowners, giving us protections against bad HOA government that is lacking in many other states. But at the same time, it seems to me that sometimes the state goes too far in trying to override HOA governance, such as the subject of rental restrictions.

I am wondering if there are any organizations out there that, in your opinion, seek to promote a good balance between state laws that protect the integrity of HOAs and protect the individual homeowner rights within them, while fighting back against state overreach. If there are any such organizations that you believe are on the “right track“ in this regard, perhaps you could share the names and contact info with your readers who might want to reach out to them. – Thanks for any info you can share, M.M.

Dear M.M.:

California has at least four organizations involved in one way or another in HOA legislation.

The largest is the California Association of Realtors® (CAR), which has a “Homeownership Housing” committee that over the years has sponsored legislation regarding HOAs. CAR is responsible for almost all of the legislation over the past fifteen years regarding reserves and transfer document costs disclosures. However, CAR’s primary stated purpose is to advance the cause of real estate professionals, and it is not officially dedicated to advancing HOA issues. To be a voting member, one must be a licensed real estate professional (“Realtor®). Its web page iswww.car.org.

A large organization involved in HOA issues is the Community Associations Institute (CAI), which consists of 62 Chapters in the USA, Canada, South Africa, and the United Arab Emirates, 8 of which are in California. CAI has a membership of over 43,000 homeowners, service providers, and professional managers. In California, CAI’s 8 Chapters allied with a separate lobbying entity called the California Legislative Action Committee of CAI, which regularly sponsors and opposes legislation concerning HOAs in California. Issues at the federal level are handled by CAI’s headquarters and its Government and Political Affairs Committee. Homeowners, managers, and service providers may be members of CAI. For more information, visit www.caionline.orgor www.caiclac.com.

Another organization in California, consisting of professional managers and service providers, is the California Association of Community Managers (CACM). CACM was created by a group of veteran managers in 1991, and primarily educates and credentials HOA managers. It also has a Political Action Committee and advocates in Sacramento regarding HOA legislation. One must be a practicing professional HOA manager or service provider to be a member. For more information, visit www.cacm.org.

The Executive Council of Homeowners (ECHO) was created by five homeowners and some service providers in 1972 and now has 1,500 HOA members and 250 service provider members. The organization, as the name implies, focuses on HOA volunteers, and, like the other organizations, provides legislative advocacy on issues concerning California common interest developments. For more information, visit www.echo-ca.org. – Thanks M.M. for your question. I hope you’ll look into one or more of these organizations. Best, Kelly.

Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers andPartnerof Richardson Ober DeNichilo LLP, a law firm known for community association advice. Submit questions to Kelly@rodllp.com. Past columns at www.HOAHomefront.com. All rights reserved® .

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I’ve been touting this for zone 8 and warmer for a couple of years. To be honest, after what I have seen, I would definitely try them in zone 7, too. The problem, however, lies in the producer, the garden center and then in a large part, you, the gardener. In other words, are you a believer?

I plant in October for Supertunia petunias too, but for the sake of this column I am sticking with Calibrachoas Superbells. My first butterfly sighting of 2022 was Jan. 9, a large pristine cloudless sulphur on Superbells Grape Punch.

The winter turned pretty cold for a few weeks, a few 23-degree mornings and a boatload of days in the mid- and upper 20s. Then we entered a really warm period, kicking everything into a state of growth and blooms.

Spring had sprung, so to speak, and we found ourselves with blooming azaleas, loropetalums, flowering quince and camellias. The long-range forecast was looking favorable and then suddenly, well, you can guess. The forecast seemed to drop on a daily basis, predicting really cold temperatures in the low 20s for the morning of March 13 and a freeze on March 14.

I was speaking at the Dirt Friends Festival in El Dorado, Arkansas, that weekend and was helpless to try and protect. I did enjoy their episode of winter, acting like a kid, taking pictures and videos of the snowstorm in their arts district. It was beautiful.

I was expecting the worst when I returned home, and sure enough, the azalea blossoms were toast. When I looked in the backyard, The Garden Guy’s paradise, the Superbells and Superbena verbenas were still blooming profusely. The Supertunias, which had been budding up, suffered no damage either.

So, this brings me to now. The three ruby-hummingbirds I had today flew back and forth feasting on Superbells Pomegranate Punch, Grape Punch, Dreamsicle, and Yellow. These flowers are so extraordinarily colorful, and they bring joy. But add hummingbirds and swallowtails, and you may start to do the garden happy dance (or in my case I grab the camera).

Superbells will get about 12 inches tall with a 24-inch spread and packed with an extra-long season of enormous blooming potential. While I have had good luck growing them in raised beds rich in organic matter, their best performance will always be in containers with good sunlight. These that survived my cold winter were all in containers.

Be creative designing your mixed containers, whether they be baskets, window boxes, bowls, urns or extravagant clay pots like olive jars. This is also the time to use the best potting soil, nothing heavy with clay soil from the garden.

Since the Calibrachoas Superbells are such prolific bloomers, they are counting on us as gardeners to keep them fed. During the warm growing season, most of us water on a daily regimen, which will leach out the nutrients. You can use controlledrelease granules per your formula recommendation, but don’t be afraid to use a diluted water-soluble fertilizer at least once a week like most of the commercial landscapers.

There are now 38 choices of Superbells for you to choose from. Even though my October-planted Superbells are in full bloom, I am looking for some I have never grown, like Black Currant Punch and Superbells Prism Pink Lemonade. I urge you to go to the Proven Winners website and see which colors, patterns and even doubles might appeal to you. Get yours planted soon for the long growing season ahead.

The first butterfly of 2022 was January 9 feeding on Superbells Grape Punch.

This mixed container of Pomegranate Punch and Yellow calibrachoas was planted in October 2020 and photographed in May 2021 with a visiting Eastern Tiger Swallowtail butterfly.

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