Today I received a telephone rejection from ULC on my proposal for an HOA Members Bill of Rights. It comes a day after my Commentary on ASU Law silence containing a statement that there has not been a ULC response, some 3 weeks after ULC’s Oct. 29 meeting.
“I am waiting for a response from The Uniform Law Commission (ULC) that is drafting updates to UCIOA. Its Scope Committee is reviewing my request for ULC study of my proposal for an HOA Member Bill of Rights; it will meet again in January.”
Nothing in writing, nothing formal, just a phone call. The essentials of the call, after a short debate where we could not reach an eye-to-eye understanding of what my point was, is very disappointing.
“I appreciate your call and our discussion on my rejected proposal. I think we are too far apart at this time: ‘not functionally useful for lawyers,’ and ‘not workable.’” The Scope Committee and editorial board “had difficulty in seeing HOAs as a government.”
In this call I stressed my proposed statute that would mandate HOAs to be subject to the Constitution like any other local government; the response was, “they didn’t see how that would help.”
Long ago The Founding Fathers rejected the patchwork approach to modifying the Articles of Confederation and replaced it with a complete rewrite — The US Constitution and the Bill of Rights. It’s well beyond time that the HOA “constitution,” the CC&Rs, be replaced in its entirety as proposed inA Plan Toward Restructuring the HOA Model of Governance.
Much to my disappointment, the ASU Law library has not responded to my 3 emails[i] requesting an HOA advocate resource listing on its Homeowner Associations resource webpage. Under Books CAI attorney member Scott Carpenter is listed (reference is to an AZ Bar Assn booklet on HOA law, and under Websites AACM (community manager association) is listed.
Both of these listings carry the lobbying view found in the CAI School of HOA Governance.[ii] Neither address constitutional issues nor do they contain the views of constitutional lawyers. There is a constitutional issue at play as I informed the librarian and the Law School Dean — the illegal bias toward one party’s content while denying another party’s material content. The law requires content-neutral free speech which I believe is being violated by ASU. So, as I proposed, remove these listings, or add my books and web pages or those of other homeowner rights advocates.
How can law students from the prestigious Sandra Day O’Connor School of Law obtain access to material information concerning the long ignored HOA legal scheme that, apparently, ASU does not agree with? Change cannot occur in the blind! There cannot be change without change!
PS: I am waiting for a response from The Uniform Law Commission (ULC) that is drafting updates to UCIOA. Its Scope Committee is reviewing my request for ULC study of my proposal for an HOA Member Bill of Rights; it will meet again in January.
[ii] The foundation and principles of the School can be traced back to CAI’s Public Policies, The CAI Manifesto (its 2016 “white paper”), its numerous seminars and conferences, its Factbooks and surveys, its amicus briefs to the courts, and its advisories, letters, emails, newsletters, blogs etc. I have designated these foundations and principles collectively as the CAI School of HOA Governance.
What do I mean by “rogue president”? I mean a president who does not know the law and doesn’t care to know it, or who knows the law and just ignores it. In either case that president is plain and simple an outlaw by functioning outside the law. Trump and rogue HOA presidents fit my description and are outlaws.
I have often wondered why communities, or at least the strong voice of a faction, government officials and legislatures have supported and collaborated with HOA presidents; just like we have witnessed on the national scene. And with their attorneys in full support! Obviously in pursuit of personal, self-serving agendas.
I’ve come to the conclusion that the HOA social and political dynamics are identical as we have witnessed on the broad national scale. I am not sure as to what came first, the chicken or the egg? To what extend has the HOA independent principality mentality and legal scheme contributed to the national scene? Or are the HOA dynamics just a reflection of the broader culture in America today?
To get a better understanding of the HOA dynamics at play, read:
Amazon books/eBooks has a category “Recommended Authors For You.” While in my Amazon Prime page, it appeared on-and-off when I viewed an author in the constitutional law category (Oct. 30, 2020). I am proud to say that my years of hard work has paid off this month with Amazon recognizing that I’m an author of note in this category. Apparently it selectively appears depending on your interest history.
I met Randy E. Barnett, the top-right author, and have an autographed copy of his book, Restoring the Lost Constitution. I also appeared on his Amazon author web page (Amazon randomly selects qualified authors for recommendations).