Will legislators stop CAI attorney acts of bad faith?

As a concrete example of a lack of good faith by HOA attorneys, that smells of aiding and abetting the board to get around the letter and intent of the law, is the newly effective Arizona statute permitting the videotaping of board meetings. Just 2 weeks after the signing of the bill into law, and still 3 months away from its effective date, the CAI member attorneys at Carpenter Hazlewood (CHDW) began their campaign against this open meeting law. They began by offering suggestions as how HOAs can adopt what CHDW considered reasonable rules. No board came forward and said, “How do I beat this law and protect the board?” as far as I know. (Such actions by a board would in itself be a violation of its duties of good faith to the owners as a whole).

Returning to the example at hand, Carpenter Hazelwood, through the management firm of AAM, the board informed the members of the Tatum Highlands CA board’s “reasonable” restrictions that, as usual, are one-way against the homeowner. Note that the HOA government is restricting free speech by not allowing dissemination or publication of the videotapes. Now, why would anyone videotape the meeting if not to distribute it for others who did not attend the meeting? What is the board afraid of? Some hanky-panky goings on?

It is quite clear that CAI does not act in good faith with respect to either the letter or intent of the laws. Rather than adopting the CAI Central propaganda that calls for creating harmonious, vibrant communities, which the homeowners can be proud of, its minions seek total advantage for the HOA.

State legislators must face up to reality of acts of bad faith by CAI attorneys and put a stop to this madness in no uncertain terms!

Read the complete Commentary here.

 

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Published in: on August 26, 2011 at 8:29 pm  Comments (4)  
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  1. […] These websites, and comments under HOAGOV, inform homeowners of their rights, which among others include such topics as, HOA email ‘meetings’ – intent of the law — bad faith HOA adjudication at OAH: a rebirth of constitutionality, abuse, and legislation Legal-academic aristocrat – advocate exchange on HOA bad faith conduct HOA boards cannot escape wrongful acts by their managers AZ tenants have more AG protection than property owners in HOAs AZ CAI’s reaction to the “new era of regulation” of HOAs For legislators: poster-child case of HOA extortion of homeowners HOA boards can be sued and not covered by insurance Will legislators stop CAI attorney acts of bad faith? […]

  2. this is ususal ! Place so many restrictions that the board in essence is actually denying the membership the right that the legislature has granted….and then……once again, “what is the punishment to the HOA for not abiding by the intent of the law?” you guessed it …Nada!
    My question is “what could be going on at these meetings that the public should be kept from knowing?” Why not place it on the internet? Whyis an HOA a secret society? Just what is it that requires such control of information? My guess is that there are some shenanigans that mighy be embarassing………mmmmmmm
    Do ya think?

  3. […] also Will legislators stop CAI attorney acts of bad faith? TwitterShareTwitterLike this:LikeBe the first to like this […]

  4. “New law(s)” [Tatum Highlands Community Association’s Meeting Recording Policy, “Notice, No, No, No and No”] cut from whole cloth without the benefit of Arizona’s citizen’s legislature or its courts by TGTCSS for its bobbleheaded lemmings to the sea and lambs to the slaughter clients (boards of directors), “reasonable rules” (Ariz.Sess.L.Ch. 50 [HB2245]), recording policy or an effective abrogation of the members’ right to record the commerce of their association and the conduct of the association’s board of directors, managers and lawyers?

    1. The Community Manager must be notified a minimum of twenty four hours (24) in advance of the meeting regarding your intent to record. Notification can be accomplished via telephone, fax, or email.

    2. No portion of the recorded meeting may be distributed to non-Tatum Highlands homeowners.

    3. No portion of the recorded meeting may be posted to the Internet or provided for any other type of electronic messaging or distribution.

    4. No portion of the recorded meeting may be used in a malicious manner against anyone attending the meeting.

    5. No visual or audio disruption shall occur in conjunction with the meeting:

    a. Including no additional lighting source beyond the meeting room’s provisions
    b. Distracting movement in and around the meeting
    c. Extraneous noise from the recording device.


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