CAI manifesto: CAI’s plan for HOA-Land in America

For those who took the time to read all four of these white papers[1] — that I collectively interpret as the CAI Manifesto — what should stand out is the absence of any discussion of HOAs as de facto private governments, as de facto political entities, or as quasi or mini governments both of which imply a political entity.  The reason why the authors of these papers, the elitist would be Philosopher Kings, cannot address the question of violations of the Constitution is that they would be “Defending the Indefensible.”

So, as expected of politically motivated actors, ignoring the controversy makes it go away, especially when there’s only one voice of any merit and strength.  Facts that are inconsistent with the views of CAI are dogmatically dismissed and ignored. And to this end CAI has been very successful with respect to state legislatures and the cooperating media.

“For more than 40 years, CAI has educated, advocated, published and informed people living and working in common-interest communities. Thanks to those ongoing efforts, we have a strong and valuable understanding of community associations today.”[2]

CAI will use these papers to further indoctrinate the legislators, the media and the public that CAI is the only competent, informed, knowledgeable, educational and credentialed organization with 40 years’ experience to conduct HOA affairs and to deal with HOA issues.  “Homeowner rights advocates” are ignored and dismissed as an opposition movement.  Instead, following the lead of Arizona Rep. Ugenti who in 2013 made the following statement to the Arizona Government Committee:

Ugenti stated that each year there was “a plethora of personal HOA legislation” and tried “to spare the [committee] members the constant agony of many personal pieces of HOA legislation,” as contrasted to the industry legislation. (See video of Ugenti speech here https://youtu.be/REt_TJD-6UQ).

CAI speaks only of “individual constituents” and “isolated incidents” that do not measure up to a policy that the legislature could act on[3] (my emphasis):

 Lawmakers have been, and will continue to be, called upon to address concerns expressed by individual constituents who share an isolated incident that has made them unhappy with their community associations. In an effort to help constituents, lawmakers may introduce legislation addressing association governance that may increase and undermine the well-established and proven model of community association governance.

This trend is expected to continue as long as a legislative response is considered necessary to respond to negative perceptions produced by media out of lone circumstances. Legislative responses to individual constituents contribute to community associations being perceived as over-restrictive micro-governments focused on covenant enforcement. This perception may accelerate legislative efforts aimed at greater oversight of community association governance and require greater transparency.

They make an accurate assessment of conditions. This failure to present a unified national voice backed by credentialed authorities will continue to persist into the future.  If you stop CAI Central, you destroy all local CAI state chapters’ reason for being. They become just another self-serving special interest.

These papers also contain CAI attempts to influence other dominant organizations like AARP and NAR (National Assoc. of Realtors).[4]  Furthermore, CAI calls for not only influencing legislatures, but the judges, too.[5]

 In May 2006 I wrote (see p. 20, Conclusions, in Nationwide Lobbyist for Principalities):

In short, CAI has been setting itself up as the national private authority, a sort of Board of National HOA Governors, on local community governance through the adoption of uniform planned community acts that perpetuate the current anti-American HOA governments. In effect, the super, privatized agency to replace the US Constitutional system of government.

References

[1] Links to these papers can be found on the CAI web page, Community Next: 2020 and Beyond (May 5, 2016).  “A manifesto is a public declaration of intentions, opinions, objectives, or motives, as one issued by a government, sovereign, or organization.”  “A white paper is an authoritative report or guide that informs readers concisely about a complex issue and presents the issuing body’s philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision.”

[2] Id

[3] Supra, public policy link, p. 6.

[4] Supra. n. 1, external influences link, p. 4-5.

[5] Id, p. 13-14.

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Published in: on May 5, 2016 at 9:48 am  Comments (11)  

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11 CommentsLeave a comment

  1. […] [1]  CAI manifesto: CAI’s plan for HOA-Land in America. […]

  2. […] CAI manifesto: CAI’s plan for HOA-Land in America.  “A manifesto is a public declaration of intentions, opinions, objectives, or motives, as one […]

  3. […] meaning the HOA government, supersedes the individual rights of the people, the HOA members. (See CAI manifesto: CAI’s plan for HOA-Land in America, a commentary on CAI’s “white […]

  4. […] [3] CAI manifesto: CAI’s plan for HOA-Land in America. […]

  5. […] CAI manifesto: CAI’s plan for HOA-Land in America;  See also, Deborah Goonan’s  critique in “HOA laws and Free Speech, Right […]

  6. The legislator mentioned above received quite a few donations from people making money off HOAs…anyone can look that info up.

  7. In the event that I did not make my position clear regarding CAI’s white papers I consider them, collectively, to be the CAI Manifesto.

    Here are the general definitions of these 2 terms that are quite appropriate.

    “A manifesto is a public declaration of intentions, opinions, objectives, or motives, as one issued by a government, sovereign, or organization.

    “A white paper is an authoritative report or guide that informs readers concisely about a complex issue and presents the issuing body’s philosophy on the matter. It is meant to help readers understand an issue, solve a problem, or make a decision.”

    CAI’s white papers, advertised under “Community Next: 2020 and Beyond” (May 5, 2016), collectively is a good example of a manifesto.

  8. It appears the CAI knows the activists against them are being heard. So now they are going to increase their efforts to dupe more home buyers via AARP and the NAR. With the operating capital they have to work with there is nothing to stop them. Absolutely nothing. Except for education!

    I still say it is only through educating the masses about the risks of HOA ownership that the tides will change.

    Keep educating us all, George!

    • Yes, CAI addressed advocates as basically causing some problems for them at the legislature.

      We must keep up the pressure, but at a broader level — constitutional principles — that is CAI’s weakest point. Why is this winning argument being avoided? There is an abundance of legal authority to support a lawsuit that attacks what is essentially CAI’s dismissal of constitutional law as applied to HOAs. Just the fact of a lawsuit and the public disclosure of the issues will cause heartaches for CAI, forcing CAI to answer and address the issues in court.

      But, we need a national united front at least on this point.

      Advocates cannot not win substantive changes on the basis of contract or servitudes law that is pro-HOA! How are you going to prove that you didn’t agree to life in HOA-Land without recourse to constitutional principles? Advocates cannot win substantive changes on the basis of local, personal issues that are weakly claimed to be a broader issue for all homeowners without demanding the equal protection of the law and due process protections?

  9. Rather than ‘isolated incident’ I’d like to know how to get the BOD to actually enforce what is in the CC&R’s.

    • Good luck with that. HOA, never knew how bad it could be and of course is.


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