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    California’s shakedown government expands under Gavin Newsom
    • March 31, 2023

    If you thought Governor Gavin Newsom’s new gas tax, SBX1-2, was about punishing big, bad oil companies, it’s not. It’s actually about much more – and none of it is good news for taxpayers.

    For those who weren’t paying attention last week, SBX1-2 was Newsom’s attack on California’s oil producers who, he alleges, have been gouging consumers with high gas prices. This is horrible legislation, not only for its substance, but also for how it became law. The bill’s unusual number, SBX1-2, is the first giveaway that this was not normal legislation, but rather the product of a “special session,” which Newsom called last December.

    After no action on Newsom’s declared “crisis” for months, the bill was jammed through in less than a week. There were no meaningful hearings, no public testimony, no opportunity for those directly impacted to present opposing views. Because the legislation was moved during a “special session,” it was able (by design) to avoid many of the procedural requirements of normal legislation. This was a shameful display of raw political power which, thanks to one-party rule, is now all too common.

    As for substance, SBX1-2 sets a new speed record in California’s headlong rush toward Soviet-style central planning. The Newsom gas tax law creates a new agency under the California Energy Commission with powers to investigate petroleum companies and impose new penalties, costs and regulations. This new agency is vested with the authority to decide how much profit oil and gas businesses are allowed to make.

    SBX1-2 is a gross insult to taxpayers. First, the Legislature’s own analysis projects that it will cost nearly $10 million annually with a minimum of 34 new enforcement bureaucrats. Specifically, according to the Assembly Appropriations Committee, “this bill will result in significant ongoing costs to the [California Energy Commission] in the millions of dollars annually, to develop rules and review data submissions; to establish and administer the Advisory Committee and the Division; to exercise its new authority to set a maximum margin; and to administer a penalty, if created.”

    But this cost is a bargain compared to what the creation of this new Orwellian agency will do to the price of gas and other petroleum products. The regulatory scheme created by SBX1-2 is almost certain to disrupt California’s energy market and threaten the reliability of the state’s already fragile fuel supply.

    More fundamentally, ponder the notion of the heavy hand of state government judging what an “excessive” profit is. What industry is next? Will there be a new state agency to put a price cap on automobiles? (Oh wait, there is already a bill that would do that).

    But SBX1-2 poses another threat that few are talking about. If the Covid era taught us anything it is that government-declared emergencies – real or imagined – create more opportunities for corruption.

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    Larry Elder: A nation divided and a world in turmoil

    Recall that during the pandemic when no-bid contracts were being handed out, behested payments on behalf of the governor surged. These are “donations” for charitable or governmental purposes that are specifically requested by elected officials, often from companies with business before the state. In 2020 alone, hundreds of millions were “donated” at the “behest” of the governor. The practice was so pervasive it even caught the attention of the Los Angeles Times which wrote that “many of the donors have other business before the governor, received no-bid government contracts over the last year or were seeking favorable appointments on important state boards,” which “creates the appearance of a pay-to-play system.”

    With SBX1-2, one can easily envision politicians extorting petroleum companies to give campaign contributions or “behested payments” as “protection” money. (“That’s a nice refinery you have there. It would be a shame if something happened to it.”)

    So yes, the way SBX1-2 became law was a perversion of the legislative process and, yes, the bill is substantively destructive. (Justifiably designated as a “Job Killer” by the California Chamber of Commerce). But the real threat is the expansion of oppressive state government creeping into more areas of our personal lives and businesses. And that inevitably opens the door to more “pay-to-play” corruption and the flagrant waste of taxpayer dollars.

    Jon Coupal is president of the Howard Jarvis Taxpayers Association.

    ​ Orange County Register 

    Read More
    Dedrique Taylor reflects on Cal State Fullerton’s memorable season
    • March 31, 2023

    The moment Dedrique Taylor realized what kind of special team he had at his disposal this year came after a five-game losing streak and well in the middle of an eight-game winning streak. Both of which bear testament to the kind of basketball Nirvana he achieved as a coach this season.

    It came during a game with the team that eventually ended an eight-game winning streak that brought the Titans to the cusp of their second consecutive trip to the NCAA Tournament. That UC Santa Barbara ended Cal State Fullerton’s run one game short of a return trip to the NCAA Tournament — which would have been Taylor’s third since 2018 (not counting the pandemic-ended 2020 season) — was notable only because of the opponent.

    Yet the fact there are no coincidences in life wasn’t lost on Taylor. Understanding your ceaseless efforts to get your team to buy into what you’re teaching paid off with interest can transpire at any time. That it transpired against the eventual conference tournament champions came with a byproduct that Taylor said defined this year’s Titans.

    “I noticed a lot of the key elements were present when we played Santa Barbara up there. We had our way with them,” Taylor said. “I could feel the energy. I could feel the togetherness of our ballclub. The pace from an offensive standpoint was really, really fast. The ball was on the floor, it went into someone’s hands and it went into the hole. We could really mess around with people. …

    “Those elements: our ball movement was at a premium, our decision-making was at a premium. These guys were able to digest our scouting reports and execute the details they needed to move forward. I noticed it in that game. I’m trying to call a play and they’re already gone. They’re gone. They know the only reason I want to call a play was to ensure we’re all on the same page. But they already communicated to each other. They already knew what they wanted to do, and they would go and execute. It’s an unbelievable feeling.”

    That unbelievable feeling Taylor experienced in that 74-60 victory on Feb. 20 went beyond the Xs and Os on an iPad or whiteboard. Taylor often speaks about a coach’s ability to reach his players, that elusive quality that separates the merely technically astute coaches from the truly gifted ones, with the quip that “It’s not about the Xs and Os. It’s about the Jimmies and Joes.”

    This year’s Jimmies and Joes bought in. And they kept the receipts, which is why Taylor looked far beyond the 20-12 record and far beyond the eight-game winning streak that spanned 37 days between losses. On Feb. 2, Long Beach State came into Titan Gym and finished off a season sweep of the Titans with a 70-67 victory. The Titans wouldn’t lose again until March 11 in Henderson, Nev., when UCSB pulled past a tired Cal State Fullerton team in the stretch for a 72-62 victory in the Big West Tournament finale.

    “I thought we got as much juice out of the peach as you could possibly get,” Taylor said. “I don’t think there was any more juice in this peach.”

    The juice that came out of that peach came in a season when the Big West was as deep as it’s been in at least a decade. Five teams: CSUF, UCSB, UC Irvine, UC Riverside and Hawaii hit or surpassed the 20-win mark. Against their fellow 20-win teams, the Titans went 6-2 in the regular season. They swept a surprising UC Riverside team enjoying its best-ever Division I season and Hawaii and split with UCI and UCSB, the conference’s top two teams.

    Looking at the numbers explained where Taylor’s juice came from. The Titans were third in the Big West in team defense, allowing teams 65.1 points a game. They were second in opponent 3-point percentage (31.2%).

    At the same time, the Titans were second in both 3-point percentage (36.9%) and 3-pointers made (253). CSUF led the conference in turnover margin, committing 2.27 fewer turnovers than it forced from opponents. Nobody else in the Big West had more than a plus-.094 mark.

    “You know all the things you’re trying to impart on your ballclub, all the little things you’re trying to accomplish? They were accomplishing it,” Taylor said. “They were not only accomplishing it, but accomplishing it together. They could make the adjustments as they saw fit.

    “Literally half the time, I would sit and marvel and say, ‘Look, they did that. Look at that. That’s impressive.’ I would watch the film and say, ‘Dang. They did that?’ I was looking in astonishment at these guys and their ability to be together and their ability to accomplish things and execute the details of the game.”

    Two players epitomized the lofty basketball IQ Taylor spoke about: junior guard Latrell Wrightsell Jr. and senior guard Tory San Antonio. They both did it in complementary ways that not only showed off their leadership skills but carried the Titans in key areas.

    Wrightsell spent his first two-plus years as a complementary cog in the wheel. This year, he was the offensive hub. En route to earning First Team All-Big West honors, Wrightsell averaged 16.3 points a game (fifth in the conference). His 72 3-pointers (2.4 per game) were third and his 1.5 steals were fourth. All while playing an average of 33.2 minutes a game (eighth in the conference).

    Wrightsell’s ability to score from anywhere on the court, his innate basketball sense that created scoring opportunities for the likes of transfer Max Jones, who earned all-conference honorable mention honors for his 12.2 points per game, made Wrightsell one of the most valuable players in the conference.

    “He didn’t come here as a support guy. When we recruited him, we knew he could score at all three levels,” Taylor said. “Trellie has an exceptionally high basketball IQ and you could see it before this season, but this year, it was a different limelight focused on him. Last year’s team was built for older guys, and his voice wasn’t as loud as it was this year.”

    Wrightsell will be back next year. So will San Antonio, who gets another year due to COVID. You won’t find San Antonio’s name prominent on any of the conference’s statistical leaderboards. He averaged 7.2 points and 4.5 rebounds this season.

    But you will find it on the Big West Defensive Player of the Year trophy. San Antonio became the second CSUF player — and first since Frank Robinson in the 2007-08 season — to be named the conference’s best defensive player. Deceptively stronger than his 6-foot-3, 165-pound frame belies, San Antonio found himself guarding the conference’s best players: Player of the Year Ajay Mitchell of UCSB, Zyon Pullin of UC Riverside and D.J. Davis of UC Irvine for starters. And he often found his way into penthouse suites in their heads.

    “Not only did he guard them, but he would shut them down. He looks slender and slight of frame, but physically, he was our most physical guy,” Taylor said. “He would beat guys up. … From a defensive standpoint, he was nothing short of masterful. He would physically guard the other team’s best guard. He knew their strengths and their challenges and would take away their strengths.”

    Wrightsell, Jones and San Antonio are three reasons why Taylor can’t wait for next season. He’s already scouring the transfer portal, looking to get bigger with that 6-8, 6-9, 6-10 player who can score with their back to the basket on offense and be a human eraser on defense. Already, Taylor has a commitment from 6-11 Kendrick DeLuna of TMI Prep in San Antonio, who played for former CSUF star and longtime NBA  player Bruce Bowen.

    “I don’t like this team,” Taylor said, summing up the year. “I love this team.”

    ​ Orange County Register 

    Read More
    Titan campaign a lesson in how to raise $270 million in 7 years
    • March 31, 2023

    By Nicole Gregory, contributing writer

    The seven-year “It Takes a Titan Campaign” has concluded, raising more than $270 million dollars that will benefit current and future students for generations to come.

    In a webinar presentation on March 10, Ellen Treanor, associate vice president for Strategic Communications, spoke with Greg Saks, vice president for University Advancement and executive director of the Cal State Fullerton Philanthropic Foundation, about the stages of this campaign and the hard work and happy surprises that went into raising this large sum of money.

    “It Takes a Titan” was Cal State Fullerton’s first-ever comprehensive campaign, meaning it was intended to raise money for several goals, rather than one specific goal as in, for instance, a capital campaign for the construction of a building. “We found through this campaign an incredible eagerness to help our students and campus reach new heights of success. Supporting students has dividends beyond the classroom and Orange County,” Saks said.

    He and his development team focused on key priorities. “One is academic innovation,” he said. “We want to make sure our faculty have all the tools they need, including funds for professional development for faculty and research funds for faculty-student collaboration.”

    Second, Saks said, was student empowerment. “We want to eliminate barriers to student success,” he said. This might include funding for scholarships or tackling food insecurity.

    The third priority was campus transformation — physical improvements for the campus such as the new baseball/softball complex. And fourth is community enrichment, supporting such efforts as the Center for Healthy Neighborhoods.

    The first stage of the campaign involved assessments and planning. “It was our first time embarking on an ambitious fundraising effort,” Saks said. He and his team looked at data and the needs of the Cal State Fullerton community. “We asked what we could raise.” A working goal was put at $175 million. It was a stretch, Saks admitted, “but a reasonable stretch.”

    “We also looked beyond our advancement staff and asked, ‘Who wants to help us tell the world about how important this campaign is for Cal State Fullerton?’” he said. “By the end, we had over 140 staff, faculty, administrators, students, alumni, parents and other stakeholders who served as campaign ambassadors.”

    Next came the leadership phase — identifying campus groups and organizations that could lead the way with significant investments.

    “So many times, I was blown away by the generosity (of groups)” Saks said, and in particular the Cal State Fullerton Philanthropic Foundation. “The board wanted to be a lead donor at the $10 million mark.” This goal was met in six months. “They said, ‘Let’s grow this goal to $12 million’ — and they met that goal again,” Saks said. “So, they said ‘Let’s go with a goal of $15 million.’ This was reached as well.”

    Greg Saks, vice president for University Advancement, talks about the fundraising campaign to a group of potential donors. (Courtesy of CSUF News Media Services)

    At that point, the campaign was ready for its official launch. “This is a crucial time in a campaign, when you declare to the world your goals,” Saks said. During the launch event in February 2020, the Nicholas and Lee Begovich $10 million gift was announced. This put the campaign at 63% of its goal at the official launch. President Fram Virjee then bumped the campaign goal to $200 million.

    But then the COVID-19 pandemic disrupted the world, and the “It Takes A Titan” campaign had to pivot its efforts. “We focused on virtual engagement,” Saks said. Many students lost their jobs because of the pandemic, and meeting basic needs suddenly became difficult. The college community raised $600,000 to help students get through this time.

    Work on the campaign continued through the pandemic and by spring 2021, it had reached 90% of the goal.

    Then came an unexpected surprise. The university was chosen as a recipient of an unrestricted gift of $40 million from MacKenzie Scott and Dan Jewett. “It really validates the work that happens at Cal State Fullerton every day,” Saks said. “Here is one of the most sophisticated philanthropists in the world. I am proud of that level of recognition,” he said.

    This large gift gave Saks and others the chance to rethink the campaign goal once again. “We went to $250 million,” he said. And that still wasn’t the end.

    “Due to the amazing generosity and incredible work of our development team and advancement team, the alumni engagement officers, our incredible deans and cabinet of the university, and all our faculty and staff, we continued that progress,” Saks said. As of Dec. 31, when the campaign officially ended, $270,270,777 had been raised.

    Saks can’t stop expressing his admiration for the individuals and groups that stepped up to make this campaign a success. “It was really the generosity of our donors and the incredible work of our campus stakeholders who were willing to tell the story of Cal State Fullerton that helped us reach so many milestones.”

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    ​ Orange County Register 

    Read More
    Consumer poll: mortgage rates could hit 8.8%
    • March 31, 2023

    By Ben Geier

    Buying a home is always nerve-racking, but those looking purchase right now have even more reasons to fret: the Federal Reserve has been raising interest rates steadily for more than a year, meaning that those looking to get a mortgage are likely looking at a rate they aren’t going to like. The Federal Reserve Bank of New York just published the results of the 2023 edition of the Survey of Consumer Expectations Housing Survey, giving a snapshot of the housing market and how consumers are faring in it.

    For help figuring out whether the time is right for you to buy a home, consider matching for free with a vetted financial advisor.

    Among the most striking findings from the survey is that Americans have tempered their hopes for how much the value of their home will grow over the next year, dipping to 2.6% from 7%. Not only is that a precipitous drop, but it’s actually the lowest home price growth expectations recorded since this survey began in 2014.

    Just over 68% of respondents felt that buying property in their zip code was either a “very good” or “somewhat good” investment, which is slightly below the numbers for the past few years but still above the optimism levels pre-pandemic.

    Potential homebuyers don’t think they’ll be getting a good mortgage rate in the coming years. People expect mortgage rates to rise to 8.4% in a year and to 8.8% in three years.

    The dream of owning a home still feels difficult for those that are currently renting, though, with respondents who rent placing their probability of owning a home at 44.4% on average – a slight uptick from 2022 but still below the rates of above 50% reported between 2015 and 2021.

    With all this in mind, many people may be wondering if now is a good time to buy a home. The answer, as with most financial queries, is that it depends on your situation.

    Clearly, mortgage rates are high right now. That generally isn’t a sign that it’s a great market for home buyers. If, like many people in this study, you think mortgage rates are going to continue to rise, it could make sense to lock in a relatively favorable rate now.

    It also depends on the strength of the market where you live. If you’re wondering if you’re in a good position to buy a home, consider consulting with a financial advisor.

    A recent study from the Federal Reserve Bank of New York shows that Americans think mortgages are going to keep going up while they’ve tempered their expectations of the increase in home values. Renters, meanwhile, are less sure than in recent years that they’ll be able to purchase their own place someday.

    ​ Orange County Register 

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    Mortgage rates fall 3rd week in a row
    • March 31, 2023

    Homebuyers saw another week of falling mortgage rates, with the average rate dropping last week for the third week in a row, according to data from Freddie Mac released Thursday.

    The 30-year fixed-rate mortgage averaged 6.32% in the week ending March 30, down from 6.42% the week before. A year ago, the 30-year fixed-rate was 4.67%.

    “Economic uncertainty continues to bring mortgage rates down,” said Sam Khater, Freddie Mac’s chief economist. “Over the last several weeks, declining rates have brought borrowers back to the market but, as the spring homebuying season gets underway, low inventory remains a key challenge for prospective buyers.”

    The average mortgage rate is based on mortgage applications that Freddie Mac receives from thousands of lenders across the country. The survey includes only borrowers who put 20% down and have excellent credit.

    Fed’s recent rate hike

    After hitting a 2022 high of 7.08% in November, rates started 2023 trending down. However, they climbed again in February, after robust economic data suggested the Federal Reserve was not done in its battle to cool the US economy and would likely continue hiking its benchmark lending rate.

    Last week the Federal Reserve did raise interest rates — by a quarter point — in an effort to continue to fight stubbornly high inflation while taking into account recent risks to financial stability.

    “As the dust settled after last week’s FOMC meeting, markets adjusted to the short- and long-term implications of higher interest rates and the possibility of stricter lending requirements, along with a possible end to rate hikes on the horizon,” said Hannah Jones, economic data analyst at Realtor.com.

    The Fed does not set the interest rates that borrowers pay on mortgages directly, but its actions influence them. Mortgage rates tend to track the yield on 10-year US Treasury bonds, which move based on a combination of anticipation about the Fed’s actions, what the Fed actually does and investors’ reactions. When Treasury yields go up, so do mortgage rates; when they go down, mortgage rates tend to follow.

    The banking turmoil may do some of the Fed’s work of cooling inflation for it.

    “These factors create a less hospitable borrowing environment, which would serve to bring inflation closer to a healthy level,” Jones said. “More expensive, stricter lending helps to usher in the long-term health of the economy, but the downside is that borrowing for large purchases, including a home purchase, may be relatively more challenging in the short term.”

    Improvements in affordability

    Potential buyers still face elevated mortgage rates and home prices, making buying less accessible than a year ago, said Jones.

    In good news for buyers, home prices show continued signs of not climbing so fast or even dropping in some areas.

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    “Pent-up housing demand is evident with every gain in affordability, whether it be softening prices or lower mortgage rates,” said Jones. “As the prime spring buying season takes off, buyers will be looking for well-priced, ready-to-move-in homes.”

    Buyers continue to be very sensitive to mortgage rates and are expected to eye any more dips this spring as an opportunity.

    “The mortgage market has seen a partial revival in March, with the recent decline in mortgage rates boosting borrower demand,” said Bob Broeksmit CEO of the Mortgage Bankers Association.

    While applications for home purchases and refinances are still well below levels from a year ago, both have increased for four consecutive weeks, according to MBA.

    “New and existing supply is still low, but lower mortgage rates and slower home-price growth have improved buyers’ purchasing power this spring,” he said.

     

    ​ Orange County Register 

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    What are the financial ‘crash’ dangers?
    • March 31, 2023

    More US banking turmoil, wider economic fallout, the Federal Reserve losing its inflation focus and even a “financial crash” are among a panoply of dangers troubling economists gathering by Lake Como.

    “Very, very pessimist,” is how Valerio De Molli, host of the meeting in Italy on Friday, described sentiment among leading observers about prospects for the world after turbulence that tested monetary officials’ nerves from Washington to Frankfurt. Nouriel Roubini, chairman of Roubini Macro Associates, articulated the gloom.

    “We’re entering a recession and financial instability having to raise interest rates because the inflation is too high, so we get inconsistency and a trilemma: We cannot achieve price stability, maintain economic growth, have financial stability at the same time,” he told Bloomberg Television. “So eventually we’ll have an economic and financial crash.”

    That comment — from a man with a track record of predicting doom — was admittedly the most alarmist observation on threats persisting to the global economy and financial markets after rising interest rates, deposit flight and investor alarm provoked the demise of Silicon Valley Bank, Signature Bank and Silvergate Capital Corp.

    Arguably more dangerously, it led to the downfall of a globally systemic institution, Credit Suisse Group AG. While the European House-Ambrosetti meeting in Cernobbio is just a short walk away from Switzerland, where that drama recently unfolded, menaces further afield within the US banking system concerned participants most.

    “You always have to worry about what evil lurks around the corner,” said Ellen Zentner, chief US economist at Morgan Stanley. “With financial plumbing, you just don’t know.”

    For her, risks in the shadow banking system are one concern because it’s “very difficult to understand the size of it.” Zentner also highlighted stress around commercial real estate that might impact US regional banks already nursing large mortgage portfolios.

    “You might have a sort of a random report of a large office property owner just turning in the keys,” she said. “That can start to snowball with concerns about what other losing properties are out there that the banks might have to absorb onto their balance sheets.”

    Meanwhile lingering doubts surrounding deposits in such institutions are what trouble Gene Frieda, global strategist at Pimco. He said even an “implicit guarantee” that policymakers have effectively offered isn’t enough to stop stress.

    “It doesn’t seem like the US has fully gotten a handle on the uncertainty around bank deposits and bank depositors, uninsured deposits, and as a result I think everyone is on heightened alert,” he said. “We think the risks are sufficiently high that you do want to play it quite safe.”

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    One vulnerability revealed by the UK bond market crisis of 2022 and by the SVB failure was how bonds no longer serve a traditional role as a safe asset, he said, warning that more such instances may follow.

    By contrast, Mohamed El-Erian, chief economic adviser at Allianz and a Bloomberg Opinion contributor, offered more sanguine views on the banking episode. But he has other concerns instead.

    “Banking is based on trust and if trust goes out the window, bad things happen,” El-Erian said, adding that “economic contagion” is what will now follow. “I actually worry less about a banking crisis, as much as I worry about the consequences of what we’ve already seen,” he added.

    The problem for many participants is that turmoil presents new problems when existing ones remain unresolved, as Roubini explained. Despite the backdrop, the Fed and its global peers can’t afford to forget their inflation mandates, Pimco’s Frieda said.

    “I don’t envy them the task,” he told Bloomberg Television. “We’ve got a two-front war between inflation and financial instability, and the Fed needs to keep its eye on the inflation prize.”

     

    ​ Orange County Register 

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    HOA Homefront: 7 tips before the balcony inspection deadline
    • March 31, 2023

    On June 16, 2015, a fifth-floor balcony at a Berkely apartment building collapsed, killing seven people, allegedly due to weakening by severe dry rot.

    Three years later, the state of California adopted Senate Bill 721, requiring owners of multi-unit residential buildings to obtain architect or structural engineer inspections of above-ground “exterior elevated elements” by 2025 and every six years thereafter.

    The passage of SB 326 in 2019 imposed essentially the same requirements on HOAs with a deadline of 2025, except with a repetition requirement of every nine years instead of six. The new law is found in the Davis-Stirling Act at Civil Code Section 5551.

    Unfortunately, many contracts presented to HOAs reflect misunderstandings of the statute’s requirements and propose more work (and expense) than required by the law.

    Here are seven tips to help understand your HOA’s inspection contract to ensure your HOA is not paying for unnecessary costs.

    1. The statute applies only to areas under HOA responsibility for maintenance or repair (5551((b)(1). If it’s not the HOA’s responsibility, it does not fall under the inspection requirement.

    Many planned developments do not fall under the requirement, since they typically do not maintain or repair residence balconies, elevated walkways or stairs. Some townhouse style (side-to-side residences, no stacked homes) condominium associations are amending their CC&Rs to shift maintenance of second-floor balconies to the individual unit owners, taking the HOA out of the inspection requirement for those balconies.

    2. The statute does not apply to all elevated elements but only to load-bearing components supported wholly or partly by wood or wood-based products (5551(a)(3)). Make sure that your HOA is not paying to inspect steel elements.

    3. An “exterior elevated element” is a component extending beyond the exterior building walls that has a walking surface over 6 feet above ground level.

    A deck on top of the building, garage or part of the main residence may be excluded, as only parts extending beyond the exterior building walls are included per 5551(a)(3).

    Many associations have balcony patios that are partially within the main structure of the building or walkways, which are part of the main building structure, or other areas that do not protrude from the main building.

    4. The statute requires inspecting enough locations to provide a 95% level of confidence that the sample represents the entire building. Some contracts propose to inspect 95% of the locations in a building, which in medium or larger-sized buildings may be overkill.

    The statute doesn’t say how to achieve the 95% level of confidence – it might be the judgment and experience of the inspecting architect or engineer, or perhaps a formal statistical sampling calculation. The more locations in the HOA, the less percentage of the locations need to be inspected to gain a statistically valid sampling.

    5. The required inspection is visual, not destructive, per 5551(a)(5). Inspectors need not tear open balconies or stairways (destructive inspection). Using moisture meters, infrared sensors, or boroscopes will satisfy the law.

    6. When choosing the architect or engineer, consider contracting for only the inspection. Be wary of companies proposing to inspect and then design and perform the work all in one contract.

    7. Don’t wait until the last quarter of 2024 to pursue this inspection.

    Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to [email protected].

    ​ Orange County Register 

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    Remember the great Walter E. Williams
    • March 31, 2023

     

    Walter Edward Williams, one of the world’s greatest champions of personal and economic liberty, was born on this date 86 years ago. His life and ideas will never be forgotten.

    Born in Philadelphia on March 21, 1936, and raised in the Richard Allen housing projects, Williams never allowed himself to be a victim of his circumstances.

    Williams believed in the value of hard work and the fundamental promise of America, despite the challenges particularly facing Black Americans in his early life.

    After being drafted into the military, Williams penned a letter to President John F. Kennedy in 1963 calling out the rampant racism of the times and in the military itself.

    “Should Negroes be relieved of their service obligation or continue defending and dying for empty promises of freedom and equality?” he wrote. “Or should we demand human rights as our Founding Fathers did at the risk of being called extremists? … I contend that we relieve ourselves of oppression in a manner that is in keeping with the great heritage of our nation.”

    Williams devoted the more than half century that followed that letter pushing America to live up to the standards of the Declaration of Independence and the Constitution.

    After receiving his bachelor’s degree in economics at California State University, Los Angeles and ultimately his doctorate in economics from the UCLA, Williams went on to become a longtime professor of economics at George Mason University. He taught there until his death on Dec. 1, 2020.

    His first book, “The State Against Blacks,” published in 1982, is as relevant as ever.

    In it, he presents his case that, although racial discrimination and bigotry certainly exist, “it is the ‘rules of the game’ that account for many of the economic handicaps faced by Blacks. The rules of the game are the many federal, state and local laws that regulate economic activity.”

    Overregulation by the government, including laws like occupational and business licensing, zoning regulations and the minimum wage, Williams argued, “systematically discriminate against the employment and advancement of people who are outsiders, latecomers and poor in resources.”

    The solution to these systematic barriers, Williams concludes, was to repeal such “antipeople” laws and unleash the power of the market to maximize opportunities for all people.

    Although it is fashionable among younger people to condemn and demonize capitalism, Williams understood that capitalism is the greatest means for liberating people from poverty known to man.

    “Prior to capitalism, the way people amassed great wealth was by looting, plundering and enslaving their fellow man,” he said.

    “Capitalism made it possible to become wealthy by serving your fellow man.”

    At the core of Williams’ views of the world is the notion of self-ownership, the principle that every individual owns themselves.

    “I am my private property, and you are yours,” he wrote. Illegitimate, coercive and involuntary intrusions on individuals, he argued, are fundamentally immoral. Whether it’s a criminal assaulting you physically or the state dictating what you can or can’t do with our own life, Williams always put the dignity and integrity of the individual first and foremost.

    If those on the left and right dreaming up their own respective ways to use government to control others could do the same.

    There will only be one Walter E. Williams. His ideas must endure for the sake of liberty.

    A version of this editorial was published in December 2020.

     

    ​ Orange County Register 

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