The AP reports today on US Supreme Court ruling of unconstitutional imprisonment in violation of habeas corpus*. Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”
CAI Central, on the record in its amicus curiae brief in the Twin Rivers appeal, objects to the application of the Constitution to homeowners associations. In fact, today in Arizona, HOAs and their CAI member attorneys fiercely oppose access to the courts or administrative hearings for homeowners seeking justice as the Supreme Court tells all, “Equal justice under the law”. CAI believes that ex post facto CC&R amendments are proper in spite of the fact that these amendments are prohibited in the public sector by the Constitution.
CAI Arizona writes in its recent Call to Action on SB1162,
However, it is in reality a well-disguised “litigation machine” that restricts an association’s ability to solve problems with their CC&Rs, avoid additional costs and litigation, and may actually increase the number of frivolous lawsuits filed against Associations. SB1162 would do two things: (1) prevent the awarding of attorney’s fees to the winning party in Superior Court, and (2) restrict certain types of amendments to the CC&Rs when a lawsuit against an Association is pending in court.
“Certain types of amendments” are ex post facto amendments used to cause the court to say the case is now moot, but will award attorney fees to the HOA. Grossly unjust! The homeowner is penalized for forcing the HOA act in a just manner by going to court.
“Restricts the association’s ability to solve problems with their CC&Rs” is an outrageously disgraceful statement reflecting a serious lack of good faith negotiating and candor to the legislators, and to the public. The HOA attorneys, lead by the CAI national lobbying group’s attorney members, do not act to create harmonious, vibrant communities as proclaimed in the CAI propaganda, but take an adversarial, confrontational, divisive, and hostile attitude to all those who dare challenge the supremacy of the HOA board to act as it freely decides.
The many reasons homeowners are bringing the HOA to court is the fact that the HOA has not only disregarded their obligations under the CC&Rs, but under state laws as well. If the legislators were to insist on penalties against such intentional acts by the HOA, we would not be seeing all these problems.
Once again we see clear and convincing evidence that the CAI mission is the establishment of a New America of independent HOA principalities and their authoritarian form of government. I ask the Arizona legislators to heed Justice Kennedy’s statement regarding the survival of the US Constitution and laws of the land.
Put SB1162 into law!
* Habeas corpus, Art. I, section 9, clause 2 reads, “The writ of habeas corpus shall not be suspended, unless when in the cases of rebellion or invasion the public safety may require it.”. It prevents authorities from imprisoning anyone without a judicial hearing. That’s why there’s a 24 hour “initial appearance” requirement before a judge if a person is charged with a crime.
HOA Constitutional Government 