It seems that the AZ CAI chapter is seeking to have homeowners associations publically represent its members. To speak out before the legislature on HOA issues as the HOA representative. Even worse, it appears that CAI wants to sign-up HOA members to give their consent to have CAI lobbyists represent them politically.
Here’s what its March 12, 2010 LAC “Legislative Update” mailer said, The mailer clarifies CAI’s personal agenda:
The mailer “encourage[s] our Business Partners and Management Companies to get involved in this important aspect of our industry. Your companies thrive because Community Associations remain strong and vital and you can help keep them that way”.
Clearly, CAI is not looking after the best interests of the HOA, and especially not the homeowner based on its positions over the years. CAI is a business trade organization that must operate for the benefit of its members, the attorneys, the management firms, and some vendors, but cannot be any HOA. CAI then seeks to obtain your consent to speak on public issues, arguing,
“The community must prove that they speak for the majority of those who live in Community Associations; we need your assistance. At a minimum, please fill out your contact information so we can improve and update our grassroots database and get you involved in our Community Action Programs. . . . we need to be prepared to act when necessary.”
The form states, “I would like to be a part of the CAI Arizona Legislative Action Committee’s Community Action Programs”, and asks for n/a and legislative district.”
Methinks that CAI intends to use these open-ended forms before the legislature on all issues to indicate homeowner support. Do not allow this to happen! Your elected legislator is your representative!
I have criticized CAI for misrepresenting themselves before the Legislature for years. I have criticized HOA boards for speaking out on public issues on behalf of its members without first taking a vote of the membership.
This mailer seeks to justify their appearances in public as representatives of the HOA. Do not allow your Board to speak for you, the members, unless a vote of the membership is taken on every public issue, especially on reform legislation! Do not agree to any specific or broad changes to your C&Rs or bylaws that gives your board these powers to represent you!
The mailer goes on to say, “A lobbyist helps ensure any new laws regarding associations are good for the associations and their members”, which is not completely true since it presumes that the board speaks for the individual member on political issues. It also places the HOA above the law when it claims that it fights to avoid a “negative impact on associations and their ability to operate in accordance with the community documents”, irrespective of the laws of the land and the Constitution.
If you think that the HOA should represent you politically, then urge the Board to incorporate as a government entity to protect your rights and yourself from abuse. Understand that the purpose of the HOA is basically to maintain property rights, and says nothing about protecting your individual rights and freedoms under the laws of the land.
Beware of this appeal!! Warn your friends and neighbors who live in an HOA or condo. Do it now!
HOA Constitutional Government 