In its June 25, 2019 blog, “What is an HOA?, Associa proclaimed that “The HOA board works together with community partners, like a Community Association Manager (CAM), to ensure the responsibilities of the association are carried out.” And did you know that, according to Associa, “HOAs operate a lot like a local government, small business, and community collective rolled into one.” It is the only reference to municipal government in the 4-page “What is an HOA? article, without mention of any constitutionality issues.
This is the sui generis view of private government principalities supported by your state legislature. “Sui generis” means “unique, one of a kind” and is used to justify special laws for a special organization, the HOA. Existing constitutional law is inadequate to support this model of local governance and so, in violation of US and state constitutions, we see all those HOA/PUD/condo “Acts” in almost every state. These Acts constitute a parallel supreme law of the land with sharp contrasts to the US Constitution.
And so Associa has elevated HOA management firms from parties — stakeholders – with an interest in your private home to the status of equal interests in your home.
Associa is a nationwide management firm conglomerate with affiliations in almost every state. It is run and owned by former Texas Senator John J. Carona and his wife Helen, I presume. It is a devotee and follower of the CAI School of HOA Governance. Associa provides instructors for CAI’s certification and educational programs, being awarded “outstanding Educator of the year. ” From its web page:
Industry Involvement
Associa leads the march into the future for community association management through participation in industry trade organizations and professional certifications.
· *AAMC – Accredited Association Management Company
· AMS – Association Management Specialist
· CMCA – Certified Manager of Community Associations
· CPM – Certified Property Manager
· LSM – Large-Scale Manager
· PCAM – Professional Community Association Manager
Additionally, Associa personnel include nationally published authors who have been selected to help write the courses that teach other industry managers through CAI’s Professional Management Development Program. Associa personnel have also served on CAI’s national teaching staff and have been awarded national distinctions such as “Outstanding Educator of the Year” and “Excellence in Education.”
HOA Constitutional Government 
Craig, is the EO you’re referring to? https://www.whitehouse.gov/presidential-actions/executive-order-establishing-white-house-council-eliminating-regulatory-barriers-affordable-housing/
George,
I am sure you have read the new executive order that is intended to help homeowners. Do you think this could help litigants against attacks by their HOAs? The language seems vague and is that a benefit or liability for homeowners?
Craig, please clarify ‘executive order’ and your specific concerns.
The thought is to use the executive order to assist a homeowners position in a current lawsuit. In our case the HOA counsel changed current law to give themselves a new opportunity to get the court to reverse their decision against the HOA.
Could the language in the EO be used to force the court when the original claim from the HOA was a parking violation? The burdensome regulations wording in EO suggest it may be an angle my attorney could use.
Assuming it’s the EO on affordable housing, NO. The EO seeks to remove regulations and oversight, which gives the HOA more freedom to ignore the Constitution.
If only the intent of the EO were to removed local and state regulations which mandate (or de facto mandate) HOAs for virtually all new development! But I think that reducing regulations on developers and homebuilders only opens the door to poor quality construction, makes more room for developers to write lopsided HOA “contractual” governing documents, and creates more power for HOAs over their captive consumers.