CAI published its national legislative priorities release reflecting its concern for federal issues that may affect HOAs, although it recognizes HOAs as being primarily under state laws. I wonder if CAI is reacting to advocates’ posts regarding the need to alert the Feds about CAI and HOA abuse?
In May 2016 I wrote, quoting my 2006 paper,
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.
Item 4 of its priorities deals with “Community Values.” It goes without saying that CAI opposes federal intervention into HOAs. HOA-Land belongs to CAI! “CAI opposes federal legislative or administrative actions that pre-empt lawful association board authorities.” It is a mockery of the truth and reality when it asserts that “CAI strongly supports self-determination of community . . . who exercise authority . . . pursuant to state law and their community’s covenants.”
These statements can only be viewed as intentional falsehoods designed to disguise the real motives and objectives of CAI as I presented in note 2 of the Notes below. Or, they are an example that the CAI “elites” – the Trustees and officers in CAI HQ and in state chapters — are completely unaware of the facts that it has overwhelmingly influenced and drafted pro-HOA state laws.
How about the question of a bona fide contract, according to Contract Law 101, that requires full disclosure and a bargaining, a give and take, not present in the adhesion CC&Rs. In “Consent to be governed,”
But, the courts do not question the validity of the CC&RS contract with respect to contract law. The courts resort to equitable servitudes law, which simply requires the acceptance of a deed in order to bind the home buyer to the CC&Rs sight unseen.
Have you been alerted to this very important disclosure of material fact? Hell no! And guess who engineered this legal structure, going all the way back to the 1964 The Homes Association Handbook.
Don’t let CAI get away as the only voice for HOAs and their homeowners!!!