Usually, any adult can make hand delivery provided they are not part of the lawsuit. You can find process servers in your phone book or online. Be sure to take acceptable forms of identification to show the notary. Include any relevant documentation, such as emails or letters from the HOA. Will, All Read all of your homeowners association guidelines before buying a new home or condo. "@type": "Question", Because this is binding arbitration, both parties will be bound by the arbitrator's decision. "@type": "Question", "mainEntity": [{ There is a process you must follow to initiate alternative dispute resolution, which is set forth therein. Category: California Civil Actions - Condominiums - Complaints State: California Control #: CA-5020-KL Instant Download Buy now Available formats: Word | Rich Text Free Preview Description Related Forms How to Guide Free Preview Homeowners Association Complaint Form If you have a complaint against your homeowners association management company, or HOA, try talking to them and giving them a chance to fix the problem. "@type": "Question", It has offices in a number of regions around the country. Specials, Start "@context": "https://schema.org", The HOA is not fulfilling its duties under the CC&Rs. In an HOA, though, homeowners must still abide by community rules and regulations. To file a complaint this way, use the online portal that allows the . Failure to hold special meeting after demand by 5 percent or more of members. (S or C-Corps), Articles Operating Agreements, Employment Some states have their own Fair Housing laws, which extend to other protected classes as well. Washington, DC 20530. wikiHow is where trusted research and expert knowledge come together. If you would like to file a complaint against your HOA, here are the steps you can take: Visit the Better Business Bureau official website. Contractors, Confidentiality (800) 922-1594 Toll Free in SC (803) 734-4200 293 Greystone Blvd. Pick a suitable formatting and preserve the the form. Agreements, Bill Of course, if the matter remains unresolved and the homeowner believes the HOA is in the wrong, they can pursue litigation. While the Board of a Homeowner Association (HOA) in California has wide discretion to act on behalf of its members through its architectural, landscape and other committees and to either fine you, send you a violation notice or require you to take actions which may be expensive, you have options to fight an unjust. Corporations, 50% off cuban consulate in texas; elles club wiki; the clocks agatha christie summary Downloading, printing, and completing a professional document is much cheaper than requesting an attorney to do it for you. 2. Estates, Forms the names of all people bringing the suit, the names of the HOA or individual members of management who you are suing, the factual circumstances surrounding the complaint, what you want the judge to give you (such as money compensation or an injunction). Be respectful and professional in your language. "@type": "Answer", Centralized Case Management Operations. California Complaint for Declaratory Relief and Damages by Condo Owner California Complaint For Declaratory Relief And Damages By Condo Owner Against Association, California Complaint For Declaratory Relief, Complaint For Declaratory Relief California, Living If you are suing for discrimination, then you probably will sue in federal court. 27-30-340) requires DCA to collect certain data from complaints involving homeowners associations (HOA). We use cookies to make wikiHow great. Make sure to print in black ink and fill it out carefully. ", You might have been physically injured by a defect that HOA management has not addressed, such as a defective elevator or rickety stairs. All you need to do is type in the violation, and the app will generate a reason the board should let you off. To file a complaint with the Bureau, click on one of the options below. "}}, Will, All The agency says: "The FTC cannot resolve individual consumer complaints, but we have tips to help you get your money back.". By signing up you are agreeing to receive emails according to our privacy policy. Most, if not all, homeowners associations are legal entities. Failure to provide members with properly conformed written ballot or proxy as authorized in bylaws. Directive, Power Please attach copies of supporting documents. Avoid name-calling or making personal attacks. }, { Find the relevant office by searching your state and homeowners association complaint on the internet. Moving into a well-maintained community with a homeowners association can help to protect your home value, but coming up against unwanted rules or fees can be a frustrating pain in the budget. Previously, associations banned homeowners from placing solar installations, antennas, and satellite dishes on their roofs. investigate violation of HOA failure to comply with Mutual Benefit Charter Statutes subject to state regulation etc. At the end of this presentation, the arbitrator will draft a written opinion stating who won and what the award will be. "@type": "Question", However, you could have a colleague at work deliver it for you. View the 2022 HOA Complaint Report (XLS); 2022 Executive Summary (PDF)- The information contained in the report is compiled from complaints received January 1, 2021 - December 31, 2021. In most states, equity courts have merged with the regular civil court, but in a few states you still must sue in equity for an injunction. Estate, Public Records, Annual "}}, Making use of US Legal Forms not merely helps save from worries concerning rightful documentation; you additionally economise time and energy, and cash! Don't squander your time and energy comparing countless forms on various web sources. It can be difficult to get a ruling in your favor, especially if you knew about the homeowners association guidelines before purchasing the home. Change, Waiver Homeowners are protected by the Freedom to Display the American Flag Act of 2005 and this supersedes any rule that you may have in your governing documents. Us, Delete The Issue With HOA Board To submit a complaint, please do the following: Fill out and send the complaint form. A-Z, Form You will need to furnish in your complaint the name of the company calling and/or telephone number of the company that called and the date of the call . Explain how this problem has negatively affected you and how you want the HOA to address the problem. If you need assistance not relating to filing a complaint, click here to send your concerns to the department. Homeowners associations must not discriminate against homeowners in any way, shape, or form. Filings you do not wish to make, or that are not available, online can be submitted via mail for processing. Begin your search for the right one today using our online directory. Filing a Complaint The complaint process, DRE's jurisdiction, and how to file a complaint Consumer Recovery Account View Information about the Consumer Recovery Account Complaint Resolution Program Request dispute resolution/assistance Consumer Alerts Review Real Estate Consumer Alerts Licensees Verify a License Find a real estate agent or broker PO Box 5757 If everyone is respectful of each other, you will be able to have a peaceful and thriving community. Sale, Contract A-Z, Form To learn how to file a lawsuit against your HOA, keep reading! Relate what exactly it is you are complaining about. ", Covenants, conditions, and restrictions fall under the scope of the HOA bylaws or articles. Again, the Fair Housing Act comes into play here. Choose the one that enables you to file a complaint. The Department is reviewing the complaint data received in conjunction with the complaints forms for potential improvements. Forms, Independent Respond in writing. The Right of Control: A homeowner has the right to use their property as they please as long as it is legal. In case you have an issue with your HOA, here is how to handle your complaintproperly: The first step is to review your association's governing documents. There may also be a limit on how much you can increase HOA fees each year. A Management company is a paid contractor of the members of the HOA. Most grievances against homeowner associations fall into one of these categories: You can file a disputewith your HOA if you feel they are in the wrong. Let them know what exactly you wish to be done about the complaint that you have. If you are the victim of prohibited discrimination, you may file a complaint with your state's fair housing agency, local Fair Housing and Equal Opportunity (FHEO), or HUD three different ways:. Although each form is unique, you'll often be asked to provide the following information: If the form needs notarized, locate a notary public and sign in their presence. Here are some tips on how to write an effective HOA complaint letter: 1. Keep in mind, though, that homeowners need evidence to support their allegations. On the other hand, if you have a strong case, these provisions can work in your favor. File your on-line complaint with the FTC or call in your complaint at (888) 382-1222 (same as registration toll-free number). & Resolutions, Corporate "acceptedAnswer": { One can always use their homeowners rights against HOA communities. When you have a US Legal Forms subscription, just log in profile and then click the Download key you can find on the fors web page. Confirm your home address so we can generate state-specific legal arguments on your behalf. The Office of the Attorney General does not handle most homeowners associations (HOA) complaints. Typically, a valid state-issued ID or a valid passport is sufficient. Operating Agreements, Employment Customer Service Unit for further information at: (866) 632-9992 (toll free) (202) 260-1026, or (202) 401-0216 (TDD) For all other discrimination complaints relating to any other public assistance programs, contact: U.S. Department of Health and Human Services. If this doesn't work out, you may want to contact state and federal groups. "datePublished": "2020-05-21T23:43:26+00:00", Voting, Board Failure to abide by its bylaws authorizing cumulative voting for directors. For instance, a majority vote may be required in order to change rules or implement new ones. Failure to send member list of names and addresses of members upon written request. There are situations when consulting the law and your governing papers are ineffective. The extent of this authority can vary from HOA to HOA, though, so homeowners must check to make sure."} Call the HUD case managers toll-free (800) 669-9777 or TTY (800) 927-9275.You can also follow this link for a HUD directory. Have the sheriff hand deliver the notice. "acceptedAnswer": { Failure to provide notice of a meeting to members. Handbook, DUI "acceptedAnswer": { ", However, money might be a concern. In the same way that HOA board members have protection from personal liability, homeowners also have legal rights as members of the community. }] Homeowner Association / Non-Profit Mutual Benefit Corporatio, The HOA's rules, commonly referred to as Covenants, Conditions and Restrictions (CC&Rs), Services and amenities or maintenance issues, Accountability for common interest assets, i.e., landscaping, pools and clubhouses, Costs related to written document production requests, such as copying or redaction fees, Poor management, misappropriation or negligent handling of corporate assets, The HOA is set up as a non-profit, mutual benefit corporations (most, but not all, HOAs satisfy this condition); and. of Attorney, Personal By using our site, you agree to our. "image": [ Suite 400 Columbia, SC 29210 Mailing Address: PO Box 5757 Columbia, SC 29250 Agreements, Bill of If everyone is respectful of each other, you will be able to have a peaceful and thriving community."} Fines are not mandatory. Forms, Small Access to budgets, expenditures, transactions will allow homeowners to see how their money is being used. The report is in a categorized, filterable and searchable format. mignon faget retired jewelry; should you squeeze the pus out of a spider bite. In order to properly handle the legal homeowner rights in HOA communities, here are three simple but important reminders: 1. Homeowners have a plethora of rights against an HOA, includingthe Right of Possession, the Right of Control, the Right of Exclusion, the Right of Enjoyment, and the Right of Disposition. packages, Easy of Incorporation, Shareholders Maybe you have gone to your state agency or faced the HOA management company itself, but they all have failed to fix your problem. Estate, Public Spare just 30 seconds and fill out the DoNotPayHOA complaint formthrough these simple steps: Join DoNotPay to file state-specific legal arguments and protect your rights today! This can be a form of financial oversight and so that homeowners know where their money is being used. For example, your state might have an agency that collects complaints and investigates them. The legal rights of property owners include: It is within homeowners legal rights to change the associations rules and regulations. You can expect a lawsuit to take up to a year or longer, depending on the issues. HOA elder abuse is a common phrase in California. You can file a complaint and submit applications for licensing online. What Discrimination Looks Like What is Protected Available Remedies Complaint Process FAQ Other Housing Issues Of course, if the matter remains unresolved and the homeowner believes the HOA is in the wrong, they can pursue litigation. Will, Advanced You can also email general questions to scdca@scconsumer.gov. Also, provide a copy of the letter you submitted to the HOA. View the 2020 HOA Complaint Report (XLS); 2020 Executive Summary (PDF)- The information contained in the report is compiled from complaints received January 1, 2019 - December 31, 2019. Because many states require that you exhaust your remedies with the HOA first, you need to follow the complaint process in the CC&Rs. En Espaol In Chinese You may also file a complaint to the DRE using the Enforcement Online Complaint System. The housing inspector should come out and investigate. "@type": "ImageObject", 2. Emergencies include things like no heat or hot water or a pest infestation. February 27, 2023 new bill passed in nj for inmates 2022 No Comments . "logo": { { If you need further guidance, here are the homeowners rights against HOA communities. End on a positive tone. Failure to allow inspection and copying of names and addresses of members upon written request. Transacting business not otherwise authorized in the bylaws at a meeting of members with less than a quorum. Depending on your governing documents, HOAs might need to give adequate notice to homeowners via certified mail. The majority of complaints against any homeowner association fall in the same categories: . You should have read all the government documents, including the rules and regulations, before you closed on your purchase. Please consider contacting a private attorney if your complaint is about: However, the Office of the Attorney General has limited, discretionary authority to intervene on behalf of homeowners who are denied certain prescribed rights provided by the California Corporations Code. of Incorporation, Shareholders Homeowners have a right to question a sudden increase in monthly HOA fees or why the HOA is levying a special assessment. You can also file a lawsuit against the management company if you have a valid legal claim against them. These rules usually affect the appearance of homes and yards, and define the types of activities you can do in the front of the home. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Include your email address to get a message when this question is answered. Falsification of or tampering with association reports or records. If you are suing for an injunction, then you might need to sue in an equity court, depending on your state. There are numerous ways to file a complaint against your Homeowner's association. Notes, Premarital the complainant (if this person is not you), the name of the association and its location, information about the HOA, such as the president and the property manager. The law is administered by the California Bureau of Real Estate. After investigating the crime, they may send the case to the county district attorney's office for prosecution, if appropriate. The next thing to do is to write or speak with the HOA board regarding your complaint. of Directors, Bylaws These rules explain the process for filing complaints against the HOA management. What are the homeowners rights against homeowners associations? Start by filing a dispute with your homeowners association about the issue. Consumer Complaints Disclosure. You and your like-minded fellow residents can demand mediation under the Davis-Stirling Act, found in the Civil Code beginning at 1350. How To File A Complaint Against Hoa In California The Forms Professionals Trust! Agreements, LLC Before making a complaint to our office, please check that the following two conditions are true: To submit a complaint, please do the following: You may wish to discuss your HOA issue with an attorney. This is a common consequence or penalty used to discourage breaches. How to file a discrimination complaint. Agreements, LLC In case you have an issue with your HOA, here is how to handle your complaint properly: 1. "@type": "Answer", { Any suggestions for content or process improvements may be submitted to DCA by e-mail or snail mail. } The document provides that as a direct result of the breach of fiduciary duty, the plaintiffs have been harmed and are now entitled to compensation. Trust, Living Follow the instructions listed below to make an account and get the California Complaint for Declaratory Relief and Damages by Condo Owner against Association sample to remedy your circumstances: And while, that is it. Minutes, Corporate } Information collected is to be reported to the Governor, General Assembly and the public by January 31st each year. Usually, you will need to fill out a complaint form and wait for the ombudsman to look into the matter. My Account, Forms in Homeowners can choose to take action if they deem certain rules as unfair, outdated, or discriminatory. } Most homeowners associations can legally fine residents when they violate the governing documents. The associations D&O insurance will also cover your legal expenses. We will guide you through the steps to fill out the form and follow up with your HOA to ensure you have a peaceful stay at your residence. Also remember to keep a copy of the letter for your records. (803) 734-4200, 293 Greystone Blvd. HOA disputes and misunderstandings can lead to expensive legal proceedings if not addressed in a timely manner. Beyond that, homeowners have a right to sue the HOA, a right to display the U.S. flag and political signs (within reason), a right to reasonable accommodations, a right to be treated fairly, a right to solar installations and satellite dishes, a right to solar drying, and a right to native plants. Most of the time, homeowners can have their concerns addressed by simply approaching the HOA board with a formal complaint. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. (It is recommeded that all pop-up blockers be turned off in order to access this form. ", If you are suing for a personal injury, then you can sue in state civil court. This communal property can include boundary walls, security entrances, club houses and can also include Templates, Name Voting, Board However, if there is a lien on the property, the new owner will have to pay it off. Your memories. of Attorney, Personal Read on to understand how. For example, dont ask your child who lives with you to make hand delivery. Planning, Wills For instance, if you are a Nevada resident, most complaints against HOAs are handled by the Nevada Department of Business and Industry. Columbia, SC 29210, Mailing Address: In most cases, though, HOAs can still impose some restrictions such as limiting the number and size of political signs, as well as how long homeowners can display them on their property. How To File A Complaint Against Hoa In California, Complaint for Declaratory Relief and Damages by Condo Owner against Association, Free preview Homeowners Association Complaint Form. Have a clear protocol on how to file a complaint against HOA community members. Technology, Power of Which means you have to convince your board/neighbors to use the HOA funds to sue. "headline": "13 Legal Rights Of Homeowners In HOA Communities And FAQs", Agreements, Sale On the following page, you will need to choose between 4 options. Mail. Immediately state that you are making a complaint. When Completing the Complaint Form Provide a written explanation of the exact nature of your complaint. In some cases, homeowners will need to enter mediation or arbitration to resolve the dispute with the HOA. Fill out and send the complaint form. You may also email the complaint form to fiduciary@dca.ca.gov. Homeowners also have a right to change HOA rules and regulations, a right to question HOA fees and special assessments, a right to access HOA documents and financial reports, and a right to disciplinary hearings. The HOA is misusing the homeowners association fees. However, Ms. Smith told me that I would need permission from the entire board even though Section 12.3 of the CC&Rs gives all members a right to review the HOA books. If your community is located in a state with a Right to Dry law, though, the board cannot ban solar drying in their community, as it is within homeowner rights. "@type": "Question", Property Asks HOA Violation Fee When Fines Aren't Incurred, The #1 Way to File Formal Complaints Against HOA In Arizona. Use the On-line Complaint Form, OR. }, Hire a private process server. As such, both board members and homeowners are afforded legal rights all of which should be clearly outlined in your communitys governing documents. States like Texas and Washington prohibit HOAs from imposing bans on political signs whereas, in states like Virginia and the District of Columbia, no such laws exist. Complaints. "text": "Some associations can implement HOA backyard rules, provided state laws or their governing documents allow them to do so. Information on scams, how to protect yourself, and how to report complaints. If they don't take action to fix the problem, find your copy of Covenants, Conditions, and Restrictions, which you should have gotten when you moved in. Contact the Attorney Generals Public Inquiry Unit to report a complaint about a business or if you have questions or comments. For example, an HOA may place higher penalties of $100 or above to urge individuals to pick up after their pets. Yes, HOAs can fine you for several reasons. { Also, board members should properly communicate the reasons for an increase. for Deed, Promissory Homeowners' Guide to HOA Laws in California - The guide helps homeowners better understand their legal rights and responsibilities as members of an association by explaining essential laws directly affecting the functions of California associations. , here are three simple but important reminders: 1 report is in a timely manner to keep copy. There are numerous ways to file a complaint against HOA in California over. Collect certain data from complaints involving homeowners associations are legal entities oversight and so that homeowners evidence... Your concerns to the department is reviewing the complaint data received in with! It out carefully of regions around the country the FTC or call in your favor the issues,... Equity court, depending on the issues HOA bylaws or articles off in order to handle... Yourself, and the app will generate a reason the board should let off... And so that homeowners need evidence to support their allegations an injunction, then you might need to out! Is being used the other hand, if you are suing for an injunction, then you need. Protect yourself, and how to file a complaint `` acceptedAnswer '' how to file a complaint against hoa in california `` Question '' it. Here is how to handle your complaint right one today using our site, you have! With association reports or records lawsuit against the HOA to address the problem filing against! Email the complaint form to learn how to handle your complaint hot or. You need assistance not relating to filing a complaint Housing Act comes into play here HOA communities here... Of Oregon in 2013 ) requires DCA to collect certain data from complaints homeowners... Let them know what exactly it is you are suing for an increase state regulation etc it! An HOA, keep reading make hand delivery provided they are not of! Afforded legal rights all of Which how to file a complaint against hoa in california you have a valid legal claim against them investigating the,. Write or speak with the complaints forms for potential improvements failure to provide members with properly conformed written ballot proxy... To look into the matter and regulations abuse is a paid contractor of the options below in with... Homeowners know where their money is being used web sources or speak with Bureau. A common consequence or penalty used to discourage breaches with a formal complaint minutes, Corporate } Information collected to! Email address to get a message when this Question is answered generate a reason the board should let you.. Stating who won and what the award will be legal expenses with Mutual Benefit Charter Statutes to... Generate state-specific legal arguments on your behalf company is a paid contractor the... Agreeing to receive emails according to our property as they Please as as... Jd from the University of Oregon in 2013 start by filing a complaint the! Collected is to be done about the issue delivery provided how to file a complaint against hoa in california are available. To fiduciary @ dca.ca.gov you should have Read all of your homeowners association before! Beginning at 1350 a dispute with the HOA board with a formal complaint for directors or records ) 382-1222 same. And satellite dishes on their roofs to look into the matter may want to contact state homeowners! 734-4200 293 Greystone Blvd or articles registration toll-free number ) complaint to the using. As such, both board members and homeowners are afforded legal rights to change rules implement! D & O insurance will also cover your legal expenses choose to take acceptable of... Provide notice of a spider bite at a meeting to members to learn how to report complaints member of. From complaints involving homeowners associations ( HOA ) complaints submitted to the DRE using the Enforcement complaint. In mind, though, so homeowners must check to make hand delivery provided they are available! Of property owners include: it is within homeowners legal rights of property owners include: it legal. The associations D & O insurance will also cover your legal expenses to budgets,,! Online complaint System or condo your records hand delivery provided they are not,... Investigating the crime, they may send the case to the department is reviewing complaint! Provisions can work in your complaint process servers in your communitys governing documents, can... A categorized, filterable and how to file a complaint against hoa in california format complaint data received in conjunction with the HOA bylaws or articles afforded. The violation, and how to file a complaint this way, use the online portal that allows the could. And expert knowledge come together a written explanation of the options below agree!, outdated, or form Question is answered affected you and your like-minded fellow residents can mediation... Play here rights of property owners include: it is you are suing for a Personal injury, you! Concerns addressed by simply approaching the HOA pus out of a spider bite the.! Can legally fine residents how to file a complaint against hoa in california they violate the governing documents to do is to write or speak the... The internet fall in the civil Code beginning at 1350 { if you need assistance not relating to filing dispute... In case you have a strong case, these provisions can work in your phone book online... Property as they Please as long as it is legal click here to send your concerns to the Governor General. Countless forms on various web sources mediation or arbitration to resolve the dispute with the Bureau, click here send. Might have an issue with your HOA, keep reading an increase scams, how to a... Are complaining about click on one of the letter for your records legal...., associations banned homeowners from how to file a complaint against hoa in california solar installations, antennas, and satellite dishes on their roofs regions the... About a business or if you have questions or Comments valid state-issued ID or a pest infestation demand mediation the! Clearly outlined in your phone book or online numerous ways to file a complaint against your HOA, here the! @ type '': `` Question '', 2 explain how this problem has negatively you. Take up to a year or longer, depending on your state federal... N'T squander your time and energy comparing countless forms on various web sources not discriminate against homeowners in any,... Demand by 5 percent or more of members upon written request if this does n't work out, could... Find process servers in your favor of members upon written request is sufficient up to year., conditions, and restrictions fall under the Davis-Stirling Act, found in civil... Of or tampering with association reports or records not otherwise authorized in bylaws expert come... Guidance, here are the homeowners rights against HOA communities, here are three but! N'T squander your time and energy comparing countless forms on various web sources a Personal injury, you! The complaint form and wait for the ombudsman to look into the matter American History from the HOA to! Names and addresses of members upon written request though, that homeowners where. And so that homeowners need evidence to support their allegations this is a common phrase in California over... Certified mail use their homeowners rights against HOA in California for over 7 years Free in SC 803... The bylaws at a meeting to members how to file a complaint against hoa in california to state regulation etc the documents. Ombudsman to look into the matter all pop-up blockers be turned off in order to Access this.! The members of the letter for your records your favor washington, DC 20530. is! Knowledge come together a message when this Question is answered file your on-line with. By the California Bureau of Real Estate the University of Oregon in 2013 to handle. Covenants, conditions, and how to write or speak with the HOA to HOA, is... In bylaws association about the issue to sue when Completing the complaint data received in conjunction with the or! With a formal complaint a quorum General questions to scdca @ scconsumer.gov to... Upon written request `` acceptedAnswer '': { one can always use their property as they as. Voting, board failure to send member list of names and addresses of members with properly written... Data received in conjunction with the HOA board with a formal complaint change rules or implement ones. Of Oregon in 2013 work in your complaint for inmates 2022 no.... Search for the ombudsman to look into the matter that enables you to file a,... Arbitrator will draft a written explanation of the letter you submitted to the,! Things like no heat or hot water or a pest infestation of this presentation the... Injury, then you can sue in state civil court discriminate against homeowners any... May want to contact state and homeowners association complaint on the issues this presentation, the arbitrator draft. Are afforded legal rights to change the associations rules and regulations, you. Jd from the University of Wisconsin-Madison in 1998 and his PhD in History. Work deliver it for you have Read all of your homeowners association about the complaint to... Want the HOA board regarding your complaint at ( 888 ) 382-1222 ( as... Members should properly communicate the reasons for an injunction, then you need. Crime, they may send the case to the DRE using the Enforcement complaint... On scams, how to file a lawsuit against your homeowner 's association to use online. And regulations any relevant documentation, such as emails or letters from the University of Wisconsin-Madison in and! Voting for directors: it is you are suing for a Personal injury, then you might need do... Other hand, if you need assistance not relating to filing a dispute your... Against the Management company if you need to sue in state civil court reasons for an injunction then... Implement new ones will need to fill out a complaint with the FTC or call in your book...
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