Arizona’s Augustus Shaw IV, only recently joining CAI’s College of Community Association Lawyers, was enjoined from running for state representative by a Maricopa superior court decision. Shaw was found to live in District 20, but wanted to run in District 17, and having given a number of justifications for living in District 17 as opposed to District 20. Now, it should be quite simple, even if you are not a lawyer, to know where one really lives, unless you are looking “to pull a fast one.” See the Minute Entry, http://www.courtminutes.maricopa.gov/docs/Civil/062010/m4270712.pdf.
Is this the caliber of membership in CAI’s self-proclaimed lawyer’s “honor” association? What will CAI do, since it has a code of ethics, supposedly both for members and a CCAL members? I have not seen any evidence or documentation in my 10 years of watching CAI that any action was brought against a member or a CCAL member for violations of the respective codes of ethics
And what about those state legislatures and town councils that employ CAI as the official educator of HOA boards and property managers? What will they do? They should be watching for a strong indication that CAI removes members not of good character and standing, and who display unethical conduct, especially if they are a lawyer. Why? Because state legislators have operated under a mistaken presumption that HOA boards will conduct themselves in good faith and obey the laws — even without any threat of punishment.
But, the record repeatedly shows otherwise. Abusive HOA boards ignore the laws knowing that homeowners will not go to court against the experienced HOA/CAI attorneys. CAI, that powerful national lobbying trade group, has claimed over the years, before the legislators, that they speak for the homeowners, and what CAI argues is also what the homeowners want. But, we know better. Do you really think a homeowner wants his home as collateral for the survival of the HOA? Or really agrees to being foreclosed on for a mere $200? Or willing surrenders his right to due process in favor of HOA kangaroo courts? Get real, legislators! Get real!
CAI proposes and supports HOA laws for its own self interest and does not deal in good faith. The CAI attorneys act as hardnosed defense councils against the homeowner, and do not recognize a fiduciary obligation to the owners of the HOA, the homeowners. They see it purely as a management vs. employee relationship, and they are on the management side. CAI does not see, nor does it want ever to admit to any de facto government status, that the HOA is an authoritarian form of political government and an anathema to our democratic system of government.
If CAI is really acting in good faith for the benefit of the people living in HOA territories, it will seek the dismissal of Augustus Shaw from its CCAL.