Is CAI seeking HOA – municipality synergies?

 In its August 31, 2009 email, CAI Arizona proudly announced (emphasis added)

 “The Central Arizona Chapter, in conjunction with The Leadership Centre, is hosting a Municipal Officials HOA Conference.”  

 This email goes on to say,

 Join us for a panel discussion with your local mayors and city officials focusing on how Arizona HOAs can work better with your city and what services cities offer HOAs, including dispute resolution and assisting in municipal infractions (i.e. street parking,barking dogs, trespassing) in HOAs.

 Represented cities will include: Chandler, Gilbert, Mesa, Paradise Valley & Scottsdale . . . Avondale, Buckeye, Glendale, Goodyear, Surprise-Sun City & Peoria.

What is CAI trying to accomplish?  It appears that CAI is seeking a public-private co-operation in support of the private, contractual, authoritarian HOA form of government by democratic public government!  It is astonishing that we see 11 municipalities taking part in this program to better provide “dispute resolution” and dealing with “municipal infractions.”   Talk about getting government off our backs!   Here CAI is seeking a synergy with autocratic forms of government within the democratic municipality.

An examination of the commonplace HOA “constitution” reveals a fixation on a corporate objective of maintaining property values and a complete absence of protections of members rights, as US citizens.  There is no HOA Bill of Rights, or no Declaration of Rights as found state constitutions.  And, given the widespread support and backing for the strict enforcement of the covenants by vested corporate interests, namely the members of the national business trade organization known as CAI, the lawyers and management firms, one is easily led to the conclusion that the HOA is closer to fascism than to a democratic form of government. 

Benito Mussolini, the Italian dictator who was the founder of fascism in 1922, wrote:

Against individualism, the Fascist conception is for the State; and it is for the individual in so far as he coincides with the State…. Liberalism denied the State in the interests of the particular individual; Fascism reaffirms the State as the true reality of the individual.   Benito Mussolini, Fascism:  Fundamental Ideas

This quote can be read as,

Against individual member rights, the homeowner association concept is for the HOA; and it is for the individual in so far as he conforms to the covenants, bylaws and rules and regulations of the HOA . . . the free expression of individual rights and freedoms rejected the HOA in the interest of the individual; the homeowner association concept reaffirms the HOA as the true objective of member obligations and duties.

Aren’t these municipalities aware of the anti-constitutional position of CAI?  That it opposes the application of the Constitution to HOA governance!  That CAI-AZ fought to deny homeowners bona fide dispute resolution, without any cost to the municipality, by the state’s Office of Administrative Hearings? 

And now CAI appears to seeking police powers for the HOA to enforce public ordinances, while having opposed legislation that public streets are to be controlled by public government ordinances and not the private HOA covenants! 

 Can a group, of private persons opt to write a new state constitution and laws without approval, or the acquiescence by the legislature delegating such powers to the HOA?  I think not! 

 What is motivating these municipalities??  Surely not adherence to the state constitution.

 I am reminded of , Beware the Jabberwock, my son

Published in: on September 2, 2009 at 3:40 pm  Comments (1)  

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