CAI Manifesto – white paper

{Originally published in 2016].

This CAI ‘white paper’ cements the position that CAI is the sole competent voice for HOA matters. For those who took the time to read all four of these papers, [note 1] what should stand out is the absence of any discussion of HOAs as de facto private governments, as de facto political entities, or as quasi or mini governments both of which imply a political entity.  The reason why the authors of these papers, the elitist would be Philosopher Kings, cannot address the question of violations of the Constitution is that they would be “Defending the Indefensible.”

So, as expected of politically motivated actors, ignoring the controversy makes it go away, especially when there’s only one voice of any merit and strength.  Facts that are inconsistent with the views of CAI are dogmatically dismissed and ignored. And to this end CAI has been very successful with respect to state legislatures and the cooperating media.

“For more than 40 years, CAI has educated, advocated, published and informed people living and working in common-interest communities. Thanks to those ongoing efforts, we have a strong and valuable understanding of community associations today.[note 2]

CAI will use these papers to further indoctrinate the legislators, the media and the public that CAI is the only competent, informed, knowledgeable, educational and credentialed organization with 40 years’ experience to conduct HOA affairs and to deal with HOA issues.  “Homeowner rights advocates” are ignored and dismissed as an opposition movement.  Instead, following the lead of Arizona Rep. Ugenti who in 2013 made the following statement to the Arizona Government Committee:

Ugenti stated that each year there was “a plethora of personal HOA legislation” and tried “to spare the [committee] members the constant agony of many personal pieces of HOA legislation,” as contrasted to the industry legislation. (See video of Ugenti speech here https://youtu.be/REt_TJD-6UQ).

CAI speaks only of “individual constituents” and “isolate incidents” that do not measure up to a policy that the legislature could act on[note 3] (my emphasis):

“Lawmakers have been, and will continue to be, called upon to address concerns expressed by individual constituents who share an isolated incident that has made them unhappy with their community associations. In an effort to help constituents, lawmakers may introduce legislation addressing association governance that may increase and undermine the well-established and proven model of community association governance.

“This trend is expected to continue as long as a legislative response is considered necessary to respond to negative perceptions produced by media out of lone circumstances. Legislative responses to individual constituents contribute to community associations being perceived as over-restrictive micro-governments focused on covenant enforcement. This perception may accelerate legislative efforts aimed at greater oversight of community association governance and require greater transparency.”

They make an accurate assessment of conditions. This failure to present a unified national voice backed by credential authorities will continue to persist into the future.  If you stop CAI Central, you destroy all local CAI state chapters’ reason for being. They become just another self-serving special interest.

These papers also contain CAI attempts to influence other dominant organizations like AARP and NAR (National Assoc. of Realtors).[note 4]  Furthermore, CAI calls for not only influencing legislatures, but the judges, too.[note 5]

References


[1] Links to these papers can be found on the CAI web page, Community Next: 2020 and Beyond(May 5, 2016).

[2] Id

[3] Supra, public policy link, p. 6.

[4] Supra. n. 1, external influences link, p. 4-5.

[5] Id, p. 13-14.

AZ free speech bill HB 2052 on track

The substantive Arizona homeowner reform bill, HB 2052, has been assigned to the Senate GOV committee. No hearing date has yet been assigned.  In short,

“Overview Stipulates that a unit owner’s association or a planned community association (association) may not prohibit a unit owner or member (member) from peacefully assembling and using private or common elements of the community.”

See Arizona HB 2052 restores homeowner constitutional speech protections

Effective presence in support of legislation requires immediate support to the assigned committee to let the members know before the public hearing. It is this private committee time where decisions are made. This advice can be found in Colorado’s Morgan Carroll’ book and discussed in Colorado senator’s guide to effective HOA legislation.   

Many may not remember Ugenti’s conduct in 2013 but I have the hope that justice will prevail for homeowner with 2052.

“The loss of these perceived benefits lies not in this victory, but in the acts of Rep. Ugenti who is responsible for attaching, at the last legislative session, her defeated HB 2371 to SB 1454.  SB 1454 now became a bill with two subjects in violation of the constitution.”

Here are the committee’s email addresses.  AZ Senate GOV committee 2021

Sonny Borrelli  sborrelli@azleg.gov 
Juan Mendez  jmendez@azleg.gov 
J.D. Mesnard  jmensnard@azleg.gov 
Jamescita Peshlakai  jpeshlakai@azleg.gov 
Warren Petersen  wpetersen@azleg.gov 
Martin Quezada   mquezada@azleg.gov 
Kelly Townsend, Vice-Chairman,  ktownsend@azleg.gov 
Michelle Ugenti-Rita, Chairman   mugenti-rita@azleg.gov 

A lesson in HOA reforms and power politics in AZ

 

For those who still believe that HOA reform legislation is not political, and in particular not power politics, take heed from the following analysis of events at the Arizona Legislature.  It deals with SB 1454 reborn as SB 1482 this year and substituted for the identical bill, HB 2695.

It begins at the start of the session when no bills were introduced to repeal the statutes found invalid in last year’s SB 1454 by the court.  Calls to the Senate President and Speaker of the House, and Secretary of State, to correct this seemingly oversight went unheeded. That was puzzling to say the least.

First, SB 1482 was introduced by Senator Griffin and amended, and passed unanimously by the Senate. It sat in the House for an unheard of 7 weeks until this week.  It past the deadline for being heard in a committee of the House, per the rules, and was presumed dead.

Second, HB 2695 was introduced by Rep. Ugenti for the fourth incarnation of the “omnibus HOA bill.” It was also amended and made identical to SB1482. It passed the House Committee of the Whole (COW) over 4 weeks ago, but was not put on the final vote agenda giving the illusion that it was dead. It passed the deadline to be heard in the Senate.

Neither bill could be heard in the other branch, according to the usual rules.

Finally, after the budget negotiations were resolved this week, a few bills were attended to that included the presumed dead HB 2695. It was ready for the final vote this week.  Why now?  That wouldn’t help because it could not be sent to the Senate for a vote since that deadline, too, had past.

So, the clever plot unfolded when SB 1482 was substituted HB 2695, in compliance with the legislative rules, because it had already passed out of the Senate and there was no need to go back to be voted on all over again.

All in time to withstand a possible Governor’s veto as the session will not end before any veto. This allows the legislature to override the veto because it has more than a 2/3 approval of both houses.  It was all carefully planned out and timed!  The bill was passed 49-6 with 5 NV.

Why the theatrics is not clear.  Didn’t have the votes and had to wait?  I believe that the timing is too coincidental, and reflects a successful plot that demonstrated the power of the HOA stakeholders over the legislature. You know, let them think they won and we will stick it to them for last year’s law suit.  We will show them who’s boss!  Not unexpected based on Ugenti’s prior behavior and attitude.

AZ’s ominous SB 1482: the return of unconstitutional SB 1454

As last year’s sponsor of the unconstitutional SB 1454 amendments, Rep. Ugenti, vowed to reintroduce the bill. The reincarnation of her trice failed bill is now the omnibus SB 1482.  It’s really her HB 2371 that had twice failed and she attempted to get it passed as part of Sen. Griffins’ SB 1454. (see AZ Attorney General admits SB 1454 HOA to be invalid and without effect).

As an omnibus bill it contains the 5 separate topics relating to HOAs, which make it an omnibus bill. They are: planning board prohibitions on requiring HOAs; permitting the display of political signs, regulations on renter rights and protections, and permitting unlicensed and untrained HOA managers to represent HOAs in small claims court and before administrative hearings.

Some say that omnibus bills help legislators better understand broad changes in the subject of the bill.  But, are the above mentioned 5 topics really related to make a better understanding of the broad changes? No, not all. They are just separate changes, separate bills, thrown together for a reason. And that reason, as attorney Tim Hogan pointed out last year, is to get bills that could not stand and get passed on their own lumped together to obtain sufficient support by giving something to every supporter. It also involves accepting changes to the law that are of no interest to or concern of the supporter. These other changes are an “I don’t care” attitude.  So omnibus bills become law based on “I don’t care” how these non-interest changes affect others.

For example, what has planning boards got to do with better understanding the need for HOA managers to represent HOAS?  Nothing!  It’s an evil, an undemocratic mechanism to get support for unwanted bills. “Because of their large size and scope, omnibus bills limit opportunities for debate and scrutiny. Historically, omnibus bills have been used to pass controversial amendments. For this reason, some consider omnibus bills to be anti-democratic.” (http://en.wikipedia.org/wiki/Omnibus_bill). It forces an all or nothing choice.

Remember that it was Sen. Griffin, now the lead sponsor of SB 1482, who allowed her bill to be amended by Rep. Ugenti last year.  Apparently she was rewarded with the President Pro Tem position in the Senate.  And, Rep. Ugenti will get to hear the bill, if passed by the Senate, as she is Chair of the House Government committee.

Here we go again!  Kill the bill for a fourth time and force the legislature to introduce separate bills to allow a vote of one’s conscience and not an “I don’t care” vote.