CAI, the Nation’s Advisor on Homeowners Associations, and separate and unequal governments

I must repeat the CAI claim, because it’s so unbelievable:  “HOAs are not governments, but are democratic”. (See CAI Ungated blog entry of Apr 2, 20081 and my analysis2).  

 

That’s an oxymoron.  A democracy is a form of government; everybody knows that. Or do they?   Once again we see the Community Associations Institute (CAI) attempting to redefine and distort old concepts and meanings in order to make the authoritarian HOA regime acceptable to the public and to the policy makers.  It won’t work anymore!

 

How can CAI reconcile the above declaration of the HOA legal scheme with its amicus curiae position in the NJ Supreme Court Twin Rivers HOA free speech hearing?  It advised the Court — sounded more like a warning – of (emphasis added), 

 

[T]he unwise extension of constitutional rights to the use of private property by members (as opposed to the public) raises the likelihood that judicial intervention will become the norm, and serve as the preferred mechanism for decision-making, rather than members effectuating change through the democratic process.

 

 

In one fell swoop CAI dismisses the Constitution as the supreme law of the land and substitutes the voice of the people as the only “law” governing HOAs.  CAI seems to be saying that the people can do no wrong.  If HOAs are indeed democratic, to temporarily accept CAI’s argument, then that form of democracy is not the American form of democracy based on the Constitution and Bill of Rights.  Is CAI arguing that there must not be any constraints whatsoever on the voice of the people? And that the judiciary, with its separate powers to watch over violations of the laws and constitutionality, is not necessary?  This will only lead to anarchy.  Or does CAI have some other goal?

 

What is CAI saying here?  Is CAI supporting succession as Nelson writes in his book, Private Neighborhoods and the Transformation of Local Government?  I don’t think so, because CAI is the behind-the-scenes supporter of the adoption of UCIOA, or UCIOA based statutes.  UCIOA is a uniform model act for HOA laws, a top-down imposition of rules and regulations without the voice of the local community being heard at all.  UCIOA lacks the restrictions and protections of individual rights so cherished by the people of America; and redefines the goal of government as the protection of property values, first and foremost.

 

It appears that CAI favors a separation of laws, one for HOAs and one for the ever-shrinking number of others not living in HOAs.  CAI’s goal appears to be the establishment independent city-states, of principalities, within the umbrella of the US all bound under the UCIOA rules for HOAs.  The US is still necessary to be the “glue”, the binding force, to effect UCIOA dominance over this growing segment of the country.  But, “hands-off” HOAs, USA!

 

When will the policy makers and public interest groups begin to take a closer look into the advice that CAI is really offering?

 

 


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Published in: on April 5, 2008 at 7:46 am  Leave a Comment  

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