CAI reacts to loss of HOA civility

CAI’s new venture into creating harmony by means of a pledge of civility is astounding! I don’t know where to begin. It says be civil, but follow our Rights and Responsibilities program.

Understand that CAI claims some 347,000 HOAs throughout America and a membership of some 40,000. Doing some simple arithmetic – now follow along – that means at most CAI has a miniscule 11.5% presence in HOA-Land. And they dare speak of majority rule when its lobbying before state legislatures affects some 88.5% non-involved HOAs.

Here’s what the CAI Civility Pledge and Civility Pledge Form have to say, in part,

By adopting the Community Association Civility Pledge, community association boards commit to embracing principles that establish a framework for effective community conversations.

The Community Association Civility Pledge was created by CAI’s College of Community Association Lawyers in recognition of the critical responsibility of a board leader to facilitate community conversation about important issues.  

5. We also encourage all residents to review Community Associations Institute’s (CAI) Rights and Responsibilities for Better Communities.

These commitments are guiding principles. They are not governing documents or legally enforceable and do not give rise to penalties if they are not followed.

​ Note that all 5 items on page 1 of the Civility Pledge Form begins with “We.” The form is addressed to the BOD and asks the BOD to sign the pledge and send it on to “CAI Central” as a matter of record.

So, what’s happening? Well, a couple of things come to mind. First, it’s not binding on anyone just a wish, a hope, a desire, but not seeking governing document reforms.

Second, How about CAI legislating such governing document reforms with effectiveness – penalties against the BOD that will help keep them in line. Maybe that will stop average people from being frustrated that there is no one to help them.

Third, maybe CAI is running scared that California’s SB 323 restoration of fundamental rights and freedoms for members will catch on in other states, like is now taking place in Arizona. But restructure the HOA legal model, as I’ve proposed, to make that a reality oh no!   (See HOAs are in need of a major restructuring, published on Jan. 25, 2020, a week before this pledge showed itself).

Finally, in my 20 years dealing with CAI I have never seen such a request by CAI for BODs to pledge or sign anything except membership applications and dues payments.   This format imitates by Truth in HOAs Disclosure Agreement of 2011.

Homeowner Association (HOA)

Buyer “Truth in HOAs” Disclosure
&
Consent to be Governed Agreement

By my signature below, I , the undersigned Buyer, have read and understood the restrictions imposed upon me by law and the courts as a member of an HOA, and have agreed to the waiver and/or surrender of my rights explicitly contained below. All other rights not expressly prohibited below or expressly granted below to the HOA are retained by me.

I, the undersigned Buyer, and the undersigned HOA by its President, hereby acknowledge and consent to the following:

The opening paragraph requires the buyer to explicitly acknowledge his awareness and understanding of the CC&Rs and that he’s surrendering his rights. It also asks for the HOA president to attest to the truth of the above conditions and legalities of the governing documents. No wonder nobody signed it! It was my response to the pro-HOA forces mantra you agreed, you agreed, you agreed. So, I simply put it to them, put up or shut!

Now that tells you something, doesn’t it? CAI’s pledge is more puffery to sell to the policymakers, the legislators and the media. It doesn’t argue for legislative reforms to require BODS to follow a code of ethical and legal conduct, which CAI has the power to sponsor in every state. DON’T BUY IT!