CAI firmly supports the New America of HOA-Land

This issue of the Community Association Institute’s house organ, Common Ground, has the strongest language for the triumph of private agreements to supersede the US Constitution, making the Constitution a meaningless piece of paper, a meaningless document, and an empty compact between the people and the state. “The right to regulate activities within a community association is an embodiment of our constitutional rights to enter into agreements with our neighbors” so proclaims CAI. It implies that the community association is just another corporate entity, and not the governing body that regulates and controls the people within its borders, which is the essential ingredient that distinguishes a corporation from a political government, a state.

CAI is falsely arguing that anybody can write an agreement to circumvent the Constitutional protections that forms the basis of our political system of government. In essence, CAI is advocating the rejection of the Constitution as the supreme law of the land and you and your neighbor can draft a new constitution as you see fit, ignoring the original Founding Fathers document. And so can another group, and another, and another, and so on. Why Is CAI arguning so? Perhaps because as private organizations, HOAs are not bound by the Constitution and can do as they please – the Constitution be damned!

CAI bitterly complains in this piece about one “disgruntled resident “[who] used the power of government to limit the freedoms of association residents” and caused Arizona to use its legitimate police powers to regulate people and organizations, and to protect the constitutional free speech rights to fly the Gadsden Flag in HOAs

And, seemingly desperate, CAI lets its readers know where it stands: The one constant is that your colleagues at CAI, working through 33 state legislative action committees, are fighting to protect associations and ensure a healthy business environment for the companies that support our communities” (Emphasis added). CAI does not stand for the people, but for the undemocratic governing body of subdivision territories known as homeowners associations. And, CAI says it loud and clear, making it quite explicit: CAI is “fighting to . . . ensure a healthy business environment for the companies that support our communities.”That is, for their members, the lawyers and their self-proclaimed professional management firms. Let the Legislators hear well!

CAI is firmly behind the New America of HOA-Land of independent principalities unaccountable to any state in the Union. A balkanized hodge-podge of independent “city-states, under a parallel constitution known as the Uniform Common-Interest Ownership Model Act (UCIOA) and its variants across this country. Brought to you by the legal-academic aristocrats who have avoided any discussion of secession or repudiation of the principles of our American system of government. But, running to the state for protection as any principality must do. And the civil government of the state abdicates its duties under the US and state Constitutions, and protects these regimes against its own citizens.

Fees, Finances and Flags,” Common Ground July-Aug 2011, CAI.

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  1. This is a great article! In the first paragraph it states that the CAI proclaims that HOA’s are “not governed”. What a bunch of hooey that is. At our entry gate in Hacienda Pines in Show Low, AZ there is a sign and in big red letters it says “HOA GOVERNED”.

  2. Independent Government Watchdog Institute, July 8, 2011:

    Shouldn’t what’s good for the goose should be good for the gander?

    CAI and its corporate “stakeholders'” constitutional contract lament, “legislative interference limiting our freedoms (embodiment of our constitutional rights) is outrageous (sic),” ignores the de rigueur denial of the constitutional rights of homeowners living in common interest developments.

    “.the right to regulate activities within a community association is an embodiment of our constitutional rights to enter into agreements with our neighbors. Thus, in an effort to protect his constitutional rights and promote small government, a disgruntled resident used the power of government to limit the freedoms of association residents.” CAI/Common Ground, Jul-Aug 2011

    Arizona Legislators, July 7, 2011:

    Your legislative efforts on behalf of the rights of individual homeowners living in common interest developments are generally appreciated by homeowners. Sadly, whether this session or past sessions, your legislative efforts are not appreciated by far-too-many associations (boards of directors) and their business providers, “stakeholders.”

    Financially self-interested “stakeholders” (corporate associations, management companies and law firms) are committed to “fighting to protect their association clients (boards of directors) and fighting to ensure a healthy business environment for themselves (sic)” by generally supporting legislation that expands their dominion over individual homeowners while opposing legislation that diminishes their dominion (Session Laws Ch 152 [SB1326]) all the while disparaging those that propose, sponsor and pass association legislation as “hot air politicians.”

    Common Ground, CAI’s Magazine for Community Associations Leaders, July-August 2011, incommon, Government Affairs, “Flags” page 48.

    Flags – “On a different note, Arizona passed a bill that would require community associations to allow residents to fly the Gadsden flag, which has an image of a snake with the motto “Don’t Tread on Me” and has become a Tea Party activist and former association president who was angered that his association rules prevented him from flying his flag. His fight attracted national attention. Seemingly lost in the debate was the fact that the right to regulate activities within a community association is an embodiment of our constitutional rights to enter into agreements with our neighbors. Thus, in an effort to protect his constitutional rights and promote small government, a disgruntled resident used the power of government to limit the freedoms of association residents.

    As the hot air of politicians gives way to the warmth of summer, more states will adjourn. The one constant is that your colleagues at CAI, working through 33 state legislative action committees, are fighting to protect associations and ensure a healthy business environment for the companies that support our communities.”

    With high expectations for Arizona’s Fiftieth-First Legislature.

  3. Understand that HOA boards who pay for CAI membership have placed themselves in a conflict of interest position, and violating their good faith obligations to the HOA. “To the HOA” is taken as the best interest of the community as a whole, and not to help the CAI members increase their income..

    This conflict exposes a serious defect in the HOA legal scheme — while a de facto government, the HOA does not function as democratically constituted public government of elected representatives of the people. But as a contractual business entity under a premeditated illusion of a democratic, public government.

  4. All true – and the sad thing is that the vast majority of us bamboozled homeowners who find ourselves in HOA HELL did not realize that we were ‘opting out’ of America and our Constitution – nor would we have chosen to do so if there was the slimmest measure of disclosure. Our lawmakers really let us down by neither recognizing the inherent dangers in this putrid system nor taking the steps to correct it now that it’s so glaringly obvious that it’s a failed and unconstitutional quagmire. My faith in our legislative and judicial systems has taken a 99% dive – and as a patriotic American for 50 years, in a family ful of soldiers and sailors, all I can think is that they’ve sold Americans and America out treacherously. Damn shame to have your eyes opened like this, that corporate greed now rules us all.


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