In sum, a homeowner or board member could make audio or video recordings because there is nothing in the law that legally prohibits the recording. However, an association board has the power and authority to institute a policy or pass a resolution to restrict or prohibit such recording at its own meetings. The law would then uphold the board’s business decision.
[The advice applies to Arizona statutes where one person can record another without any permissions. Other states may have specific “taping” laws.]
Once again CAI shows its colors and opposes rights and privileges enjoyed under public governments — recording public meetings is permitted. (Most notable is its warning to the NJ appellate court in Twin Rivers in its amicus curiae filing : “the unwise extension of constitutional rights to the use of private property by members”).
When the CAI lawyers outright say that our courts will uphold private agreements, they acknowledge how the covenants, the CC&Rs of equitable servitude law, can be used to circumvent constitutional protections. Yet, the courts refuse to recognize the “unclean hands” of the promoters and supporters of HOAs: violations of “contract law 101”, failure to meet judicial scrutiny standards for the denial of constitutional rights, misrepresentation and intentional withholding of material facts; and the cooperation of state governments not to defend the Constitution and not to properly warn consumers of the dangers inherent in buying an HOA controlled home.
This second form of political government, the HOA, supported and defended by neo-Americans seeking to establish a New America, is in conflict with the US Constitution with its paramount concern for protecting individual liberties and freedoms — the individual comes first . Not an objective in the corporate, authoritarian, undemocratic HOA form of governance where the interests of the state, the HOA, comes before the interests of the people.
And CAI, displaying its neo-American status (true believers that the political, economic and social structure and nature of HOA government control of residential subdivisions makes for a better America), has no problem with encouraging these anti-democratic HOA “laws”.
The complete Dec. 4, 2009 eNewlsetter can be found at http://www.carpenterhazlewood.com/newsletter.html (ask why it has not been posted yet).
HOA Constitutional Government 