The Jan-Feb AARP Bulletin contains an article on HOAs. It’s about time! Understand that in 2006 AARP produced a public paper, the homeowners’ bill of rights document, co-authored by Texas attorney and homeowner advocate, David Kahne.
It died! How come you ask? Perhaps it has to do with CAI’s Manifesto in which CAI stated its position,
These papers also contain CAI attempts to influence other dominant organizations like AARP and NAR (National Assoc. of Realtors). Furthermore, CAI calls for not only influencing legislatures, but the judges, too.
Not a further word over the past 13 years until this article, available only to registered subscribers. So much for “working for you,” and “fighting for you” as stated in its “Government Advocacy” web page. Not a word about the plight of seniors in HOA-Land and the abuse they suffer until this important “wake-up” article by Joe Eaton.
The Bulletin article, on page 8 under “Home Wars” (not yet available on AARP’s web site), calls attention to the plight of seniors who face harsh treatment when they fall behind in making HOA payments. An excellent article hitting home on one of my 6 substantial issues of HOA unconstitutionality — draconian foreclosure and the influence of attorneys. Foreclosure is a punishment! It is common that more than 50% of the foreclosure money goes into hands of the attorney and not the HOA.
The nerve, the audacity, of CAI spokesperson, SVP Dawn Bauman, saying that “this type of problem is rare.” WOW! This is important to understanding CAI’s objectives and beliefs, so bear with me. Because its rare, is she saying that these people don’t need laws to protect them? Like, since only less than 5% of the population kill people we don’t need laws against killing people? That’s what it sounds like to me! That these people are simply casualties of providing a greater benefit? To whom? The Constitution? Or to the survival of the HOA scheme?
What are you saying Ms. Baum? Given your statement, and numerous other CAI statements, how can CAI say with a straight face that it represents the homeowners and their constitutional rights?
I just wrote in my prior post,
“These statements [by CAI] 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.”
But, Michael Greenwald, a Boca Raton, FL attorney, called it like it is regarding attorney fees, “[Attorneys] typically charge no money to the HOA, but pass on legal fees to the homeowner. That’s an incentive for the firm [HOA] to escalate charges.”
Phoenix attorney, Jonathan Dessaules, a stalwart attorney defending homeowners from abuse, with whom I’ve worked with in the past, is quoted regarding foreclosures on seniors being hardest hit, “Many are on fixed income. They can’t afford the attorney fees that keep going up and up.”
These seniors are easy targets for the attorneys.
And where is AARP? Why isn’t AARP protecting seniors as they proclaim, “working for you,” and “fighting for you.” But apparently it seems they have succumbed to the influence of CAI over the years. It’s time for AARP to stand up and fight for seniors, and all homeowners, in HOAs! AARP is a national power house that can stand before Congress and demand legislation to stop the abuse, to the stop these outlaw private governments and hold them accountable under the Constitution as required of all bona fide local governments.
What say you AARP?
 Dawn Baum is on the staff of the Foundation for Community Association Research.