ASU Law ignores content-neutral free speech for HOAs

Much to my disappointment, the ASU Law library has not responded to my 3 emails[i] requesting an HOA advocate resource listing on its Homeowner Associations resource webpage. Under Books CAI attorney member Scott Carpenter is listed (reference is to an AZ Bar Assn booklet on HOA law, and under Websites AACM (community manager association) is listed.

Both of these listings carry the lobbying view found in the CAI School of HOA Governance.[ii] Neither address constitutional issues nor do they contain the views of constitutional lawyers. There is a constitutional issue at play as I informed the librarian and the Law School Dean  — the illegal bias toward one party’s content while denying another party’s material content. The law requires content-neutral free speech which I believe is being violated by ASU. So, as I proposed, remove these listings, or add my books and web pages or those of other homeowner rights advocates.

How can law students from the prestigious Sandra Day O’Connor School of Law obtain access to material information concerning the long ignored HOA legal scheme that, apparently, ASU does not agree with?  Change cannot occur in the blind! There cannot be change without change!

PS:  I am waiting for a response from The Uniform Law Commission (ULC) that is drafting updates to UCIOA. Its Scope Committee is reviewing my request for ULC study of my proposal for an HOA Member Bill of Rights; it will meet again in January.

NOTES


[i] Copy of email letter

gKS256@nyu.edu

To:  Beth DIFelice (beth.difelice@asu.edu)

CC: ‘douglas.sylvester@asu.edu’; Diana.Bowman@asu.edu

November 11, 2020

Email letter

Beth DiFelice

Director ASU Law Library

Sandra Day O’Connor College of Law

Arizona State University

[ii]  The foundation and principles of the School can be traced back to CAI’s Public Policies, The CAI Manifesto (its 2016 “white paper”), its numerous seminars and conferences, its Factbooks and surveys, its amicus briefs to the courts, and its advisories, letters, emails, newsletters, blogs etc. I have designated these foundations and principles collectively as the CAI School of HOA Governance.

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