CAI’s “Home Sweet HOA” – how warm, how homey. How delusional!!

I’m tired of these CAI “satisfaction surveys,” the latest of which carries the title, “Home Sweet HOA.”  Is CAI having acceptance problems and has to resort to the above loaded slogan?  Thanks to the increasing, more down-to-earth critical internet articles and social media posts by homeowner rights advocates like myself, it sure seems so!

Don’t be fooled by a survey conducted by a leading pollster like Zogby as to the validity of the survey.  There is a lot that goes into an honest and valid survey that CAI does not provide the necessary details. In research surveys, like these surveys sponsored by CAI’s Research Foundation, questions need to be answered like, who are the respondents and what do they know about HOAs?  If their knowledge is limited and restricted as to the basic facts about HOA “communities,” then the validity of their responses must be questioned. Their responses are biased!

To use a legal term, there is probable cause to conduct a balanced survey into HOA satisfaction.

Two homeowner rights advocates, Sara Benson (Chicago) and Jill Schweitzer (Phoenix), were responsible for 2 online polls on homeowner satisfaction with HOAs.  In stark contrast, not surprisingly, the Combined Advocate Surveys, as I refer to them, revealed opinions and views refuting the results of the CAI “happiness” surveys.

In statistical terms, the George Analytics table below shows that the CAI and Combined [advocate survey] responses (average percentages) come from 2 distinct samples, segments, of the HOA population.

(See 2016 Combined Advocate Surveys vs. CAI surveys ).

The Combined Advocate Surveys demonstrate that the CAI surveys are not representative of all HOA members. They are not valid for the entire population of HOA owners, but just for that selected grouping of uninformed respondents.

I  CHALLENGE  CAI  TO  CONDUCT  A  SURVEY  BASED  ON  MY  2011  “Truth in HOAs Model Act. Sections 1 and 2 of the proposed act pertain to mandatory inclusions in all CC&Rs, and simply states, in part,

No provision of any contract or any declaration of covenants, conditions, and restrictions affecting lawful property uses of residences in a subdivision or condominium is enforceable in this state unless the party [HOA] seeking to enforce the provision proves by clear and convincing evidence  that 1) the provision being enforced was knowingly and voluntarily agreed to . . . .

Section 3 spells out a required buyer agreement form to be signed by the potential HOA member, which explicitly alerts the buyer to hidden facts about life in HOA-LAND. Subsection 3(d) states, in part,

I understand that the association, as a private entity and not an arm of the state, is not subject to the restrictions and prohibitions of the 14th Amendment to the US Constitution that otherwise protects the rights of the people . . . .

And finally, section 4 is an explicit surrender and waiver  by the HOA that the HOA

herewith unconditionally and irrevocably agrees to be bound by the US and State Constitutions and laws of the State as if it were a local public government entity.

Let’s get to the bottom of these happiness allegations.  Let’s have the members speak for themselves.  If all is well and good as CAI has maintained over the years, there should be no problems signing the agreement or adopting the model disclosure act.

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I have been a long-term homeowner rights advocate and author of "Establishing the New America of independent HOA principalities". See HOA Constitutional Government at My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad soceital and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

6 thoughts on “CAI’s “Home Sweet HOA” – how warm, how homey. How delusional!!”

  1. Am I hearing that owners cannot force board members to enforce at least the rules that are enumerated in the CC&R’s? What about fiduciary responsibilities? What about each and every member having an individual right to enforce? Tell me it’s not so. Steve Jean

    1. Homeowners can enforce Board violations by 1) voting the bums out, if a majority of members agree, and 2) suing the HOA if you have the money, the stamina, and the will to go it alone. In either case, FAT CHANCE!

  2. Thanks George. Once again, you are right on target. Wish I never heard of CAI. Homeowners need to open up their eyes and stop believing the spin placed out by CAI, the management companies and some HOA Boards. I agree with Wendy. I am also stuck in an HOA that has selective reinforcement, low sale prices so if I want to escape it means losing $$$s as many of my neighbors have chosen to sell at a lower price than keep living in an HOA that is not ideal and making life more difficult for those that do not support them, managers that just do what the Board wants them to do and if one sends a message this is the typical response “Your message has been sent to the Board”. As if that has any clout or means anything! Wonder at whose direction these managers do that? The Board or … Amazing that we pay someone that can not express an opinion or takes the time to provide an acceptable answer or suggest a solution to a concern. Buyers need to be made aware of what they are buying into before they invest money in a bad HOA. Notice that the management companies and the HOAs are not always honest and open with buyers. Unfortunately, buyers only find out how bad the management, managers, Board are after they close and then they are stuck. They should take legal action if the truth is not disclosed upfront.

  3. Its past time for identifying the enemy HOA. It is time you initiate a class action against the HOA industry as an unconstitutional private entity that violates civil rights of homeowners.

    You’ll be pleasantly surprised in the current Trump environment how the courts are more sympathetic to HOA victims of fraud and HOA propaganda.

    Go for it!

    Sent from my iPhone

  4. That’s a powerful post. Certainly I would like to see your additions. Buyers unfortunately really do not understand what they give up when they move to an HOA. Foruntately CA has made some changes to Freedom of Speech w/in an HOA. Do you attend the Stakeholders meeting with AZDRE? I am one of the unhappy ones stuck in an HOA. To sell would be to lose money. To stay means watching selective enforcement (the CC&Rs were never meant for Board Members. HUH? I attend meetings. The board is primarily seat warmers with a lousy Property Mgmt firm.

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