logo
Letters to the Editor: HOA fine cap a step in the right direction, but there's still work to be done

Letters to the Editor: HOA fine cap a step in the right direction, but there's still work to be done

To the editor: As a homeowner member of an HOA, I am pleased with the enactment of Assembly Bill 130 limiting the fines charged to homeowners to a cap of $100 ('She faced $500 daily HOA fines for an unapproved door. A new state law saved her,' Aug. 1). However, what the article does not tell you is that the Davis-Stirling Act is not enforced by any state government agency.
Since the law consists of civil codes, it is only enforceable through these actions: If a HOA board of directors violates any of the sections, homeowners can recall the board, request a resolution through internal dispute resolution or alternative dispute resolution using a third-party mediator or file a case in civil court against the board. All are time-consuming, costly and may not resolve the complaint. If Jinah Kim's HOA continues to fine her as noted, they could place a lien on her property for non-payment. She might then need an attorney to seek relief from the court, which would cost her time and money.
The Davis-Stirling Act was written by attorneys for attorneys. The Legislature needs to designate an agency to enforce this act and relieve homeowners from having to take legal action on their own.
Frank Deni, Lake Forest
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Thompson secures new term in special election
Thompson secures new term in special election

Yahoo

timean hour ago

  • Yahoo

Thompson secures new term in special election

TUPELO — Incumbent Democrat Rickey Thompson has defeated his opponent and will continue to represent District 16 in the Mississippi House of Representatives following a special election that saw low turnout across four counties. Thompson defeated his challenger, Brady Davis, during Tuesday's primary election. Following a redistricting that mandated the election, District 16 covers portions of Chickasaw, Lee, Monroe and Pontotoc counties. 'I'm feeling like it is time to make things happen for Northeast Mississippi and we are already on the way,' Thompson said. 'I want to thank from the bottom of my heart the people of District 16. I am deeply honored. This victory does not belong to me. It belongs to the neighbors who opened up their door for me. It is about the people.' District-wide, Thompson secured 1,325 votes (79%) to Davis' 348 votes (21%) according to unofficial results provided by circuit court clerks in Lee, Chickasaw, Monroe and Pontotoc counties. With no Republican or third-party challengers, Thompson secured his seat for a new term. This will be Thompson's third term. His second was cut short by this special election, which was forced by the redistricting. In Chickasaw County, Thompson beat out Davis by securing 62 votes to Davis' six. In Lee County, where the bulk of the electorate lives, Thompson received 1,109 votes to Davis' 288. In Monroe County, Thompson secured 110 votes while Davis received 17, and in Pontotoc County, Thompson earned 44 votes while Davis tallied 37. Voter turnout was lean, with the lowest in Pontotoc County showing just 4.4% of eligible voters taking part in the election. Chickasaw County saw an almost 19% turnout, Lee County had a 12% turnout and Monroe County had a 9% turnout. With the dust settled, Thompson said he again wants to focus on healthcare, education and infrastructure in the coming legislative session, noting that he also plans to begin employing more townhall meetings to 'keep the citizens abreast of the goings on in Jackson.' Monroe County Journal Managing Editor Ray Van Dusen contributed to this article. Solve the daily Crossword

Democrats draw up plans to retaliate if Republicans gerrymander Texas — but they face legal hurdles
Democrats draw up plans to retaliate if Republicans gerrymander Texas — but they face legal hurdles

Yahoo

time3 hours ago

  • Yahoo

Democrats draw up plans to retaliate if Republicans gerrymander Texas — but they face legal hurdles

Democrats in America's two biggest blue states are hatching plans to respond in kind to a mid-decade move by Texas to draw a friendlier House map for Republicans. Retaliation threats have come from California Gov. Gavin Newsom and New York Gov. Kathy Hochul, who lead states where Democrats control large legislative majorities. Two can play at this game, they say, vowing to similarly eliminate GOP-held seats in their states. But that's easier said than done. Democrats have legal hurdles to clear in California and New York, which have restricted partisan gerrymandering, which liberal advocates pushed in previous years in the name of good government. Texas has no such limits, so GOP Gov. Greg Abbott has called a special session to draw a new map. California eyes a 'triggered' map for 2026 California has an independent redistricting commission — a bipartisan panel tasked with drawing up fair maps for the Legislature to approve — to avoid partisan influence. Newsom is seeking to get around that on a temporary and targeted basis — but only if Texas enacts its GOP-favored map, which is aimed at giving Republicans up to five more seats in the U.S. House. Newsom hopes to work with the Democratic-dominated Legislature starting this month to set up a special election for a statewide ballot measure on Nov. 4. It would offer a newly drawn map if Texas moves forward, a source close to Newsom told NBC News. The ballot measure would do two things: First, it would affirm support for California's independent commission and call for fair redistricting nationwide. Second, it would include a trigger that says a pre-drawn new House map expected to boost Democrats would take effect if Texas implemented a new map. 'What we will say is for the '26, '28 and 2030 elections, these congressional maps on the ballot that voters are approving will be in place. ... The maps themselves will most likely be on the ballot,' said the source close to Newsom, who wasn't authorized to discuss the plan publicly and spoke on condition of anonymity. 'After the 2030 election, the redistricting commission does its job again, and we'll redraw starting in 2032.' Newsom said that the maps are 'being processed' and that they will be 'provided in a transparent way to the public,' adding that under the plan, California voters would make the 'ultimate determination.' 'We're not going to roll over. And we're going to fight fire with fire,' Newsom said. 'We also will punch above our weight in terms of the impact of what we're doing. And I think that should be absorbed by those in the Texas delegation. Whatever they are doing will be neutered here in the state of California.' Paul Mitchell, a California-based redistricting consultant who has advised Democrats, said any new House map would be constrained by the Voting Rights Act, as well as the governor's office and the Legislature, which would need to greenlight it. 'It's like having an emergency 'break glass' rather than an emergency 'burn down the house' measure,' Mitchell said, adding that voters support the independent commission and believe it should be replicated nationwide, in an ideal world. 'They're angry about what Texas is doing. They want to fight back,' he said. 'Voters can understand our long-term goal is this path of better democracy. If we do something, it's only because Texas did it. If Texas steps down today, then all this hubbub of redistricting in California goes away.' How many Republican-held House seats could Democrats flip by drawing a new and friendlier map in California? 'The threshold is three, four or five seats,' Mitchell said, adding that a tangential goal would be to fortify Democrats in existing competitive seats and not do a 'dummy-mander' that might expose other Democratic lawmakers to problems. New York may have to wait until 2028 In New York, changing the redistricting process must move forward as a legislatively referred constitutional amendment — a lengthy and arduous exercise that probably wouldn't lead to new congressional maps until the 2028 election cycle, even if Texas acts before the upcoming midterms. 'I wish I could just call a special election and change it. I'd do it in a heartbeat,' Hochul said recently on MSNBC's "All In with Chris Hayes." 'But we have a constitutional amendment process that's required first. I'm willing to do that. I'm working hard with our legislative leaders to pass legislation immediately — as soon as they return in January — pass it in this current session of the Legislature, go to the next one, which is required, so it won't be until 2027 we can get it on the ballot. But what would that mean — is that in 2028, we could have different lines.' That's because the state's redistricting has been controlled for more than a decade by its own independent redistricting commission. New York voters passed a constitutional amendment changing the redistricting process back in 2014 to create the commission; previously, the Legislature controlled the entire process for legislative and congressional maps. The new proposed amendment would return the duties of redrawing congressional districts to the Legislature — but only if another state engaged in mid-decade redistricting first. Because it's a proposed constitutional amendment, it would have to pass the Legislature in Albany in two consecutive sessions — this year and again in 2026 — and then still be approved by voters in a ballot measure in the subsequent year. That means that whatever new maps that would be created wouldn't be in effect until the 2028 elections at the earliest. 'Otherwise, we have to wait until 2032,' Hochul said, referring to the decennial census process. 'And heaven help our country to find out what'll happen with that length of time.' Democratic legislators in Albany acknowledged that the payoff would be delayed, but they said advancing the measure is still crucial, as long as Texas Republicans continue to advance their own. 'It's still worth it,' state Sen. Pat Fahy, a Democrat, told NBC News on the sidelines of the National Conference of State Legislatures annual meeting in Boston on Tuesday. Fahy said it was 'really unfortunate' that New York Democrats felt forced to change years of precedent. 'But I'm willing to do it, because so much is at stake,' she said. 'This is about Congress, and it is about control, and it's unfortunate, but we have to do what we have to do.' Responding to questions about the obstacles and delays, state Senate Deputy Majority Leader Michael Gianaris, who introduced the bill in his chamber, said in an email, 'What Texas is attempting is a perversion of our democracy and cannot be allowed to stand without a response.' 'This battle will not be over in 2026 and it behooves us to ensure New York is in the game if other states will be enacting off-cycle redistricting,' he said. This article was originally published on Solve the daily Crossword

‘If this fails, he'll have egg on his face': Gavin Newsom bets political future on redistricting power play
‘If this fails, he'll have egg on his face': Gavin Newsom bets political future on redistricting power play

Politico

time3 hours ago

  • Politico

‘If this fails, he'll have egg on his face': Gavin Newsom bets political future on redistricting power play

For Newsom, the showdown is an opportunity to feed red meat to Democrats across the country. 'It's the No. 1 requirement for whomever becomes our de facto head in 2028,' said Jaime Harrison, the former chair of the Democratic National Committee. 'You have to be willing to fight.' Assessing how blue-state governors like Newsom, JB Pritzker of Illinois and Kathy Hochul of New York are leaning in on the redistricting battle, Harrison was openly giddy: 'I'm ecstatic. I'm over the moon.' Newsom's maneuver is exceedingly risky. He is a polarizing figure, even among Democrats, and any suggestion of using redistricting to advance his own interests could set off rounds of party infighting. If California voters end up rejecting the new districts, the setback would be monumental not just for Democrats' bid for the House, but also Newsom's future ambitions — a setback that would be compared to a primary presidential candidate losing their home state. 'Gavin Newsom's presidential campaign launch is predicated on the success of an initiative he says is saving democracy — an initiative which can only be successful if it's not operating as a presidential campaign launch,' said a Democratic strategist involved in both California statewide and competitive House seats who was granted anonymity to discuss internal party dynamics. 'If this fails, he'll have egg on his face,' the strategist said. 'He has to understand what the pitfalls are here.' Redistricting, usually the provenance of election nerds, emerged as an unlikely flash point after Trump urged Texas Republicans to dramatically revamp their congressional maps to yield five more GOP seats. The gambit could be existential for Democrats' quest to retake the House in the midterms. Other blue-state Democrats have taken on the rallying cry: Pritzker, also a potential presidential contender, welcomed Texas Democratic legislators fleeing their state to avoid voting on the GOP plan — and parlayed the attention into an appearance on 'The Late Show' with Stephen Colbert. Hochul is pursuing options to enable New York to redraw its lines. 'The fact is that collectively we're just tired of playing by the rules,' said John Anzalone, a Democratic pollster who works with Democrats across the country. 'This is a 'fuck you, we're going to match your scorched earth with our scorched earth.'' Even a successful remapping of California may not be enough for Democrats to outdraw Republicans nationally. But Democrats have limited options for scrounging new seats — and in a tit-for-tat redrawing battle with Republicans involving multiple states, California could be the largest prize for Democrats. The party is hurriedly contemplating a map that could yield five new blue districts. State leaders have signaled they're prepared to move fast, with the Legislature poised to approve new lines soon after their return from recess in mid-August so the plan can be approved by voters in a Nov. 4 special election. 'Other Democratic governors could talk about countering the Republican offensive. But he's probably got three, four or five seats he can add,' said Scott Drexel, a Bay Area-based donor adviser. 'It's not bluster … He's just naturally risen to the top.' That would put the state, and Newsom, at the heart of a warp-speed, costly fight that will dominate the national political conversation. The special election gives the governor a campaign to run, allowing him to raise a ton of money while building his profile with donors and party activists. 'If he counters the Texas power grab by nullifying or perhaps even exceeding the number of seats that they steal in the Lone Star State, he would be an instant national hero to Democrats,' said Garry South, a veteran Democratic strategist based in California. 'There's just no doubt about it.' He added, 'Governors do a lot of things in their own states that they can brag about if they run for president. … But very few of those successes that they tout have almost instant national political implications. And this one does.' Newsom's advisers are adamant that, as he plunges into this standoff with Texas Republicans and Trump, the governor is focused solely on winning back the House in 2026. 'Democrats winning a majority in Congress is the country's only hope for real check on Trump's lawlessness, but Trump and his MAGA supporters in Texas and elsewhere are trying to stop that before a single American has voted,' said Lindsey Cobia, Newsom's senior political adviser, in a statement. 'The stakes couldn't be higher — all Democrats and Americans who love our democracy need to be in this fight.' Newsom has experience capitalizing on an unexpected, off-year election. A 2021 recall effort against him initially threatened to tap into voters' Covid-tinged frustration and oust him prematurely from office. But Newsom swiftly turned the campaign from a referendum on his governance to a national battle against MAGA Republicans. He emerged politically stronger, with more than 60 percent of voters opting to keep him in office. 'It gave him and Democrats throughout the state a chance to rally,' said Democratic strategist Paul Maslin, who worked on Democratic Gov. Gray Davis' failed bid to fend off a recall in 2003. (The Republican governor who took over after Davis was ousted, Arnold Schwarzenegger, is ready to fight Newsom's plan). The redistricting battle now could be 'the recall on steroids,' as one Newsom strategist put it. The playbook will be much the same; Democrats are planning to frame the campaign as a referendum on Trump, who is deeply unpopular in California. Early polling on the ballot measure shows a bare majority of voters — 52 percent — initially support new congressional maps, but the initiative's prospects improve significantly after voters hear anti-Trump messaging and retreat to their partisan corners. 'He's not going to lose that,' predicted former South Carolina Democratic Gov. Jim Hodges, who praised Newsom and other blue state Democratic governors' response to the Texas mid-decade redistricting moves. 'This is shooting fish in a barrel. … People's anger over what they do [in Texas] is going to lead them to say, 'All's fair in love and war.'' Newsom's popularity in California has fluctuated over the years. A mental health care ballot measure he championed in March 2024 barely eked out a win, surprising many observers with its narrow margin of victory. He was not an especially sought-after surrogate in the state's most competitive House races last cycle. A Public Policy Institute of California poll found Newsom's approval rating was underwater in late May, with just 44 percent of respondents viewing him favorably. But his forceful response to Trump's immigration crackdown in Los Angeles this summer resulted in some positive movement in his polls. Steve Hilton, a Republican running to succeed Newsom as California governor in 2026, predicted Newsom would use the redistricting effort as a launchpad for his broader ambitions. 'It's clearly for Gavin Newsom a political game where he thinks it's going to help him position himself as the great antagonist to President Trump,' said the former Fox News host, who has threatened a lawsuit to block California's redistricting effort. But people close to Newsom insist the initiative would be an all-hands effort, and top California Democrats in Washington say they want to see the responsibility shared. Rep. Zoe Lofgren, the chair of the California delegation, said the behind-the-scenes work to chart out California's response to Texas has involved a large cast of characters, including Rep. Pete Aguilar, the third-ranking Democrat in the House, dozens of Democratic representatives from California, legislative leaders in Sacramento and their respective caucuses, as well as Newsom. She predicted a ballot measure campaign, if it comes to that, will not be run by any single leader. 'It will be a team effort,' Lofgren said. As for boosting Newsom's 2028 prospects, Drexel, the donor adviser, said he has not heard of any donors changing their opinion of him simply because of his handling of redistricting. 'If you really think Gavin's the guy, this probably solidified that for you a little bit,' he said. 'If you were a little bit unsure, you're probably still unsure. He's being Gavin, and I think there's still a long runway to show whether or not that translates to a mid-summer 2028 conversation.' Pete Giangreco, a longtime Democratic consultant based in the Midwest, similarly doubted that voters and donors would flock to Newsom in three years simply for forcefully countering a partisan move by Texas Republicans. But he said the political calculus for Newsom is clear. 'The real question is, what if he didn't even try? That would be fatal,' he said. 'He's got nothing to lose doing this and everything to gain.'

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store