January 2005 Summary of Action Items

The following is a summary of the significant action items approved by the CALIFORNIA ASSOCIATION OF REALTORS® Board of Directors at its January 2005 meeting. Some additional information items are included, but do not necessarily represent Association policy. A complete set of minutes is available for review upon request. For more information please Contact Us.

Business License Tax Task Force
1. It was reported for information only that the charge of the Business License Tax Task Force was to gather additional information before making a decision on whether to sponsor statewide legislation to resolve the local business license tax issue presented by the Beverly Hills/Greater Los Angeles Association of REALTORS®. The Task Force concluded that state legislation is NOT an appropriate response to resolve the issue presented by the Beverly Hills/Greater Los Angeles Association of REALTORS®. Instead, the Task Force recommends enhanced C.A.R. support for campaigns by local Associations of REALTORS® to defeat unfair business license taxes at the local government level.

Business Practices Task Force
It was reported for information only that the Business Practices Task Force will continue pursuing its mission of reviewing the current state of professional and ethical business practices of real estate licensees in order to determine what, if any, programs, initiatives, or services could be pursued to address such concerns. Additional data gathering will be done to provide some quantifiable information about the marketplace and it possible effects on business practices. Surveying of real estate practitioners and consumers will be pursued this spring to put more perspective on the problems being identified.

C.A.R. Scholarship Foundation
1. It was reported for information only that funds were awarded for scholarships totaling $13,500. In addition, it was reported for information only that the C.A.R. Scholarship Foundation is recommending that C.A.R. establish a new charitable entity to support real estate related educational scholarships and to complement the existing C.A.R. Scholarship Foundation Trust.

California REALTOR® EXPO Advisory
1. It was reported for information only that the California REALTOR® EXPO 2005 would be held in San Diego from September 20 to 22, 2005.

Common Interest Development
1. That CAR "OPPOSE UNLESS AMENDED" legislation sponsored by the California Law Revision Commission relating to creating a new state department to oversee the administration of homeowner associations (HOA's). The amendments would include: a) barring that department from being involved in real estate license activity; b) prohibiting that department fromborrowing funds from the Department of Real Estate; c) prohibiting that department from being involved in real estate transactions; d) prohibiting that department from being involved in disputes with property managers that are licensed by the DRE; e) limiting the scope of that department to educating homeowners about HOA's.

CREPAC Trustees
1. It was reported for information only that $400,000 will be transferred from the CREPAC/Federal account to RPAC toward the 2005 Fair Share Goal of $712,000. It was further reported for information only that CREPAC has contributed a combined total of $131,300 to support Democratic and Republican state legislative candidates as well as the State Republican Party and State Democratic Party.

Defense Strategy Advisory
1. It was reported for information only that the following Mission Statement has been drafted and approved by the Strategic Planning and Finance Committee:

The Defense Strategy Advisory Committee will serve to develop andrecommend policies, procedures and programs to reduce claims against members, to enable members to obtain affordable Errors & Omissions Insurance, to reduce cost of defense and to identify risk management solutions.

Executive
1. That the following 2005 Presidential Appointments be approved: a) Executive Committee, b) Directors at Large, and c) Trustee Groups (on terms):

2005 Executive Committee:
Jim Hamilton, South Bay, President
Colleen Badagliacco, Santa Clara, Treasurer
Vincent Malta, San Francisco, President-elect
Joel Singer, Los Angeles, Executive Vice President (Ex-Officio)
Jeff Barnett, Silicon Valley
Bill Brown, Bay East
Mark Consalvo, South Bay
Mike Donohoe, Santa Clara, RC
Allan Gantt, Pacific West
Ruth Hayles, Southwest Los Angeles
Bill Jansen, San Francisco
David Moyers, Palos Verdes Peninsula
Beth Sommer Peerce, Southland Regional
Ann Pettijohn, Pacific West
Tricia Thomas, Bay East, AE
John Torres, Rancho Southeast
Tammy Dee Walsh, Amador County

2005 Directors at Large:
Le Francis Arnold, Rancho Southeast
David Barca, Silicon Valley
Joe Barnett, Palos Verdes Peninsula
Virginia Butler, Palos Verdes Peninusla
John Cashman, Berkeley
John Cribb, San Luis Obispo
Jackie Crowley, Palos Verdes Peninsula
Renee Grubb, Santa Barbara
Jeannie Hamman, Solano County
Vern Hansen, North Bay
James Irving, Paso Robles
Judith Kritz, Rim O' The World
Brian Malone, Glendale
Dennis Mason, Plumas County
Sandy Mays, Shasta County
David Rutledge, Shasta County
Janet Sherman, Lodi
Mike Silvas, Sonoma County
Sherry Tietjens, Tulare
Cynthia Wood, North Bay

C.A.R. Scholarship Foundation Trustees (2005-2009)
Mary Jane Cambria, Orange County
Bev James, San Luis Obispo
Joanna Phillips, Santa Clara County
Cathlyne Scharetg, San Francisco
Dianne Rath, San Diego (Filling a vacancy through 2006)
Joyce Kristensson, Pasadena-Foothills (Filling a vacancy through 2008)
Emily Link, Southland Regional (Filling a vacancy through 2008)

Legal Action Fund Trustees (2005-2009)
Patti Tunnicliffe, Santa Barbara
Suzanne Yost, Santa Cruz

2. That a Resolution of Appreciation for 2004 President Ann Pettijohn be approved.
3. That a Resolution of Appreciation for Richard Sax, Recipient of the 2004 California Distinguished REALTOR® Award, be approved.

Federal Issues
1. That C.A.R., in conjunction with N.A.R., support efforts to establish federal guidelines for any wireless directory assistance service developed for cellular subscribers' telephone numbers. De minimis standards should include an opt-in requirement and give subscribers the right to opt-out without incurring any expense to do so.

Housing Opportunity
1. That C.A.R. "SUPPORT" legislation to revise the Anti NIMBY law to: a) remove the ability of a community to deny an affordable housing development because it has met its "regional housing need"; b) prohibit a community from turning down an affordable housing development on residential or commercial land based on inconsistency with the zoning if the community has failed to identify adequate sites for affordable housing; c) require a court, except under extraordinary circumstances, to award actual damages to a developer when the community has violated the law, and; d) clarify that a court can order approval of a project if the community has failed to come into compliance with the law.
2. That C.A.R. "SUPPORT" legislation that will require cities and counties to "roll over" their unmet regional housing need allocation (RHNA) to the next housing element cycle.

IMPAC Trustees
1. It was reported for information only that the IMPAC Trustees approved the following contributions:
-- Civil Justice Association of California (CJAC)--for annual C.A.R. membership in this statewide association, which is dedicated to reforming California's liability laws and the civil justice system...$15,000.
-- Pacific Legal Foundation (PLF)--for its Property Rights Defense Fund, which helps establish favorable legal precedent to reinforce the constitutional protections of private property rights...$15,000.
-- Matching funds for a study, commissioned by the Santa Clara County Association of REALTORS®, about the impact of C.A.R.-opposed SB 497 of 2001 on lot line adjustments in Santa Clara County andsix to eight other California counties...$5,000.
-- Southern California Association of Non-Profit Housing (SCANPH), a regional association whose primary mission is to increase the production of affordable housing in California, to support its 2005 state legislative agenda...$10,000.
-- REALTOR® Regions 11 and 31, to help fund a Central Coast Housing Summit that will explore the problems of, and advocate solutions for, the housing crisis in the tri-counties area (Ventura, Santa Barbara and San Luis Obispo Counties)...$15,000.

Inclusionary Zoning Task Force
1. That in order to increase awareness and to implement C.A.R. policy on inclusionary zoning:
-- A strike force should be created to assist REALTORS® to understand the policies, practices and reasoning of inclusionary zoning.
-- A resource library should be established which would include: a) REALTOR® and GAD contact list and; b) pertinent papers and resource documents.
-- A Q&A is to be prepared which would explain the legal; social and economic arguments.
-- A panel discussion should be held at the September 2005 C.A.R. directors meeting on the "Implications of Inclusionary Zoning."

Land Use and Environmental
1. It was reported for information only that C.A.R. will embark upon a fact finding mission to determine if implementation of Gardner v. County of Sonoma -- a land use case regarding the Subdivision Map Act -- is a problem in counties other than San Luis Obispo. If it is found to be a widespread problem, C.A.R. should consider sponsoring legislation in the future to address the problem.

Legal Action Fund
1. It was reported for information only that the Legal Action Fund Trustees are monitoring the following significant legal cases:
-- Freeman v. SANDICOR (Freeman II)
-- Freeman v. Lasky (Freeman III)
-- Blazing Bagels v. City of Redmond
-- City of Goleta v. Superior Court of Santa Barbara
-- Marine Forest v. Coastal Commission

Manufactured Housing
1. That C.A.R. "SUPPORT" legislation that would amend the mobilehome Transfer Disclosure Statement to ask the seller if he or she is aware of the existence of mold in the mobilehome.

Membership
1. That the following applicants be granted C.A.R. Honorary Member-for-Life status:

Beverly Hills/Greater Los Angeles AOR
Ronald Hartvig Henry

Central Valley AOR
Beatrice "Bea" Hutchison

Citrus Valley AOR
Felton Chamelet Talcott

Inland Valleys AOR
Betty Cooper Davidson

Monterey County AOR
Herma Smith Curtis

Nevada County BOR
James Harry Mackey

Newport Beach AOR
Solly Shatzen

Northern Solano County AOR
Josie Vieira

Orange Belt BOR
John Moore

Orange County AOR
Hank Dunlevy
Patricia Petro

Pacific Southwest AOR
Truman Brooks

Pacific West AOR
Esther L. Crum
Arvile Gibson
Donavon John Schumacher

Pasadena-Foothills AOR
Lois M. Kirkpatrick
Jo Louk

Plumas AOR
Robert B. Kitchen

Ridgecrest Area AOR
Anna Marie Bergens

Sacramento AOR
Eva Austin
Jeannie Bacich
Kenneth James Cassell
Carl Di Capo
Frank La Bella
Lindy Mills
Isaac G. Parsons
William Rippon

San Diego AOR
Martha Louise Blackman
Blu Cava
Sally B. Fuller
Betty Hazelbaker
Joanne Herrin
Jean McCarley
Patricia A. Paulson
M. Joan Popa
Mary M. Snell
Ed Wong

San Luis Obispo AOR
John Victor Kuden

San Mateo AOR
Charles Fisher

Santa Clara County AOR
Desmond F. Johnson

Southland Regional AOR
Del Roy

Tulare County AOR
Robert C. Murray

Tuolumne County AOR
Kenneth Falk Westbay

West San Gabriel Valley AOR
William R. Anderson
Thomas J. Davis
Esther Lee Johnson

Political Affairs
1. It was reported for information only that the 2005 fundraising goal is $4,000,000 and the member participation goal is fifty percent of C.A.R. members contributing to Political Survival. It was further reported for information only that the Political Affairs Committee will create a working group to study alternatives for the name "Political Survival" and, based on recent member survey data, make recommendations for a new name.

Property Management
1. That C.A.R. "OPPOSE" legislation that will require onerous and impractical remediation of methamphetamine labs on real property.
2. That C.A.R. continue to "SUPPORT" legislation permitting uniform enforcement and interpretation of the state's discrimination laws and "OPPOSE" legislation to the contrary.

Real Estate Finance
1. It was reported for information only that the Government Mortgage Programs subcommittee will be sunset immediately and that all future reporting items will be conveyed during the full Real Estate Finance Committee.

Standard Forms Advisory
1. It was reported for information only that the following forms will be released in April 2005:
--Seller Property Questionnaire(C.A.R. Form SPQ)
--Foreclosure Property Purchase Agreement (C.A.R. Form FPPA)

The following forms will be reviewed, revised or created for release in April 2005:
--Cancellation of Listing Form
--Rental Supplement regarding Moisture/Mold
--and an addition to the Statewide Buyer and Seller Advisory to include a paragraph regarding the availability of the Registered Sex Offender database online

Strategic Planning & Finance
1. That the Statement of Income and Expenses by program for the eleven months ending November 30, 2004 be approved.
Total C.A.R.
Revenue of $23,554,000
Expenses of $17,984,100
An excess of income over expenses of $5,569,900
Political Activities Fund
An excess of income over expenses of $683,000
Issues Action Fund
An excess of income over expenses of $776,100
The C.A.R. Balance Sheet as of November 30, 2004
Total assets of $27,795,400 (of which $20,690,100 are current assets)
Total liabilities of $4,132,900 (of which $3,983,100 are current liabilities)
C.A.R. Fund Balance of $23,662,500

2. That the Projected Statement of Income and Expenses by program for the year ending December 31, 2004 be approved.
Total C.A.R.
Revenue of $23,979,300
Expenses of $21,590,000
An excess of income over expenses of $2,389,300
Political Activities Fund
An excess of income over expenses of $500,000
Issues Action Fund
An excess of income over expenses of $717,500. This amount will be allocated to IMPAC asapproved by the Directors.

3. That the Check Signing Policies for C.A.R., the C.A.R. Housing Affordability Fund, the C.A.R. Scholarship Foundation, CREPAC, CREPAC Federal, CREIEC, and IMPAC be approved.
4. That up to $9,800 be allocated at the request of the Commercial Investment Committee for C.A.R. to participate as an Exhibitor and an active participant in the Anaheim June 27-28th Realcomm "2005 Commercial Real Estate at the Speed of Light" Technology conference in conjunction with the REALTORS® Commercial Alliance, the N.A.R. Institutes and Realcomm, and to cover travel and registration to participate in the April 20th RCA and Institutes lobbying in Washington.

Taxation
1. That C.A.R. in conjunction with N.A.R., "SUPPORT" legislation that would permit a seller to provide the information required by the Foreign Investment in Real Property Tax Act (FIRPTA) to escrow or another settlement provider as an alternative to providing that information to the buyer.
2.That C.A.R. take a "WATCH" position on AB 62 (Strickland) a bill to increase the homeowners exemption from the existing $7,000 to 25% of value.

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