Category: Podcasts

HOA issues

HOA advocate to advise committee on UCIOA revision

I was invited to participate in the drafting of revisions to the Uniform Law Commission’s (ULC) Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (UCA). As an invited Observer with full participation rights I bring “in the trenches” in-depth experience and extensive research to restore the lost Constitution to HOA-Land.

With the advocates’ failure to nationally unite and collaborate to attain substantive HOA reforms, going forward with ULC’s statewide collaborative approach will benefit all interested parties, including HOA members. The drafting committee is comprised of conscientious and dedicated unpaid volunteer attorneys appointed by their state. Uniform Acts (UCC for example) adopted by ULC are presented to state legislators to adopt and to ease the disorder brought about by different rules in different states that affect a person’s home in an HOA.

My late 12 hour introduction into the amend and revise procedure allowed me to orient myself to the functioning of the UCIOA committee as well as presenting a few points of view. The proposed UCIOA changes are in the review process and need to be approved by the ULC commissioners at their annual meeting, yet to be determined as a result of the coronavirus restrictions.

When and if future revisions to UCIOA are in order I hope to participate more fully.

UCIOA (HOA) revisions in the works

The Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (UCA) are currently in draft mode. (Essentially, they are being treated as one). As a model for states to adopt as their HOA laws, UCIOA was first introduced in 1982 and currently has 9 states adopting some version of UCIOA and some 14 states adopting UCA, the uniform condo act.

Among the changes being considered are amendments to governing documents (§1-206), owners and duties of the association (§3-102), executive board members and officers (§3-103), voting and ballots (§3-110), and assessments (§3-115).

A meeting of the drafting committee will be held this Friday and Saturday, April 3 & 4. The committee consists of lawyers generally appointed by their state Governor. Invited to attend are persons who have indicated an interest in the workings of the committee, designated as Observers. Observers are expected to contribute to the discussion of the issues and can submit amendments for consideration. Sort of like a citizen submitting a proposed bill to his legislator.

Not to be surprised, former CAI president and active NJ CAI member David Ramsey is an Observer.

In 2008, in response to David Kahne’s AARP paper on HOA member rights and the works of others including political scientists, a Member Bill of Rights was adopted as a separate add-on to UCIOA. It never took off. And still the ULC (Uniform Law Commission) has not revisited constitutional protections for members in spite of several bills advancing those rights in 3 states.

Read more about the objectives and purpose of ULC.

CAI attempts turning volunteers into HOA leaders

Tom Skiba, CEO of CAI, is concerned about the lack of member volunteers to lead their HOA in his Ungated post under the column, “News and Insights on community association living.”[1] As he argues for more volunteer leadership and activism, he doesn’t realize that he’s admitting to 45 years of failure to solve HOA problems.

That’s why, for more than 45 years, we have supported the belief that homeowner involvement is essential, and that education is a critical component to an association’s success. . . . At CAI, we know there is usually a correlation between the level of homeowner involvement and the long-term success of a community. . . . it’s the homeowner volunteer leaders who are accountable to their neighbors.

Skiba’s concern is understandable when, illustrative of the problem, a large, active adult resort style HOA has been facing failure and having difficulty attracting members to become active in management. And that’s after 3 years earlier an independent and professional strategic plan recommended an educational program to assist in obtaining members to serve in management.  It has been ignored.

CAI has introduced a program designed to educate volunteers to become effective and productive HOA leaders by taking its CAI Board Leader Certificate Course and obtaining the CAI Board Leader Certificate. It seems however, that Skiba is a little bit unsure of this program to create leaders from average people: “After completion of the course, students will acknowledge that they’ve read and understood three key CAI educational resources:” Why the acknowledgement? For what purpose? Is this an oversell of CAI’s attempt to bolster the ego and acceptance of board directors and officers as being “somebody” and an authority? “Community leaders who complete the CAI Board Leader Certificate will receive a certificate of completion and recognition on the CAI website”.

This course, recognizing that “leaders are responsible for setting policy and making decisions . . . . highlights what every board member needs to know to serve effectively,” contains 5 modules:

    • Module 1: Governing Documents and Roles & Responsibilities.
    • Module 2: Communications, Meetings and Volunteerism.
    • Module 3: Fundamentals of Financial Management.
    • Module 4: Professional Advisors and Service Providers.
    • Module 5: Association Rules and Conflict Resolution.

From what is available online, as indicated above, my thoughts are more of the same. There is nothing to make me believe that this course addresses questions of effective leadership. It appears to make use of the inbreeding and indoctrination by the CAI School of HOA Governance.[2] A doing it my way program without any discussion or presentation of effective local government management[3] or any general qualities of what makes a genuine leader.

Travis Bradbury explains leadership:

Leadership has nothing to do with titles. Leadership has nothing to do with personal attributes. Leadership isn’t management. Leadership isn’t something that anyone can give you—you have to earn it and claim it for yourself.[4]

In addressing the management of nonprofit organizations, eminent management consultant Peter F. Drucker wrote: “The first job of the leader is to think through and define the mission of the institution.” [5]

In the inbreeding atmosphere within HOAs where the volunteers are sought who are not disruptive — who do not dare criticize the BOD — Terrin Allen warns about YES men.

In my experience, most people get this way because they are responding to a culture or people in management who elicit and reward this type of behavior. . . . [in order to] survive on a dysfunctional leadership landscape where all the signals and messages confirm for them that dissent is bad and agreement is good.[6]

Summary

I appreciate Skiba’s concern for responsive HOA management, but CAI’s approach is severely lacking. There is the continued absence of democratic institutions and principles. that would send a message to those truly seeking to create a healthy and productive community; a true community not focused on property values and enforcement of the governing documents alone.

A healthy society and community must be supportive of their membership who still naively believe their HOA is a democracy in action and protective of their individual rights and freedoms. Where they truly have a voice and fair elections to make that happen. I offer an alternative legal model of HOA governance to accomplish this task. See HOAs are in need of a major restructuringg and sequel under Restructuring.

consulting SIG image1Notes

[1] Tom Skiba, “Effective leadership: How board leader education moves communities forward,” (March 5, 2020).</p>

[2] I collectively refer to CAI’s policies, best practices, guides, communications, seminars and certifications, and in its Manifesto as the CAI School of HOA Governance.

[3] Roger L. Kemp, “Forms of Governance,” Managing America’s Cities: A Handbook for Local Government Productivity, McFarland & Co., (2007).

[4] Travis Bradbury, “What Makes a Leader?”, Success.com (May 25, 2019).

[5] Peter F. Drucker, Managing the Nonprofit Organization: Principles and Practices, HarperCollins (1990).

[6] Terin Allen, Are You Creating ‘Yes Men’ And Hindering Your Own Leadership Success?”, Forbes.com (Nov. 10, 2018).

Restructuring HOAs: “CAI School and member benefits” pt. 2

Mentoring: “CAI School of HOA Governance”

Part 2 addresses the heavy influence of the CAI and its affiliated, shill, organizations functioning as supporters of HOAs and the questionable claim of also supporting homeowners.

CAI heavy influence

Several HOA attorneys have maintained that the expression of the common interest of all the members is found 1) in the Declaration that they all agreed to be bound by and 2) because the members still remain a resident and a member of the HOA. It is through the Declaration itself that provides their benefits and the BOD is not derelict in its duties and obligations to the members. And that’s all there is to it!

However, herein and in my intents and purposes paper[1] I argued that the BOD’s mission statement, vision and values are one-sided and heavily influenced by the mindset created by the CAI School of HOA Governance[2] that neglects constitutional protections for the members. The alleged benefits for the members as contained in the CC&Rs do very little to provide the benefits of a democratic government. In fact, they restrict or deny the application of constitutional rights and freedoms, and the privileges and immunities of citizens of this country and their state.[3]

“The policy makers have failed to understand that the HOA CC&Rs have crossed over the line between purely property restrictions to establishing unregulated and authoritarian private governments.”

In order to correct these serious defects in the HOA legal model the HOA must be restructured to conform to and be subject to the Constitution and laws of the land. It must begin with a declaration of citizenship to be made a covenant in all declarations, charters, bylaws and other governing HOA documents. State laws and CC&Rs must be amended according as proposed in my HOA Member Declaration shown in part below:

Therefore, the members of the association, having not waived or surrendered their rights, freedoms, privileges and immunities as citizens of the United States under Section 1 of the Fourteenth Amendment, and as citizens of the state within which they reside, the CC&Rs or Declaration for any planned community, condominium or homeowners association shall state that, or be amended to comply . . . .”[4]

In order for this revision to become a reality the BOD and HOA members must be reoriented away from the teachings of the CAI School and toward the forgotten and neglected principles and values of democratic America. The CAI School needs to be replaced with a qualified program of education and training on municipal government: its structure, objectives and mission, functions and operations.

CAI support of HOAs

Why does CAI oppose holding HOAs subject to the Constitution? How can CAI take this stance and still assert that it’s supportive of the homeowners? It seems by adopting the WW II Fascist philosophy of Italy’s Il Duce, Benito Mussolini, who proclaimed, “All within the state, nothing outside the state, nothing against the state.”[5] And who described Fascism a being “for the State; and it is for the individual in so far as he coincides with the State ”[6] Just substitute “HOA” for “state” and it all makes sense. Essentially, this is CAI’s true position on HOA governments.

While there is much to support and justify the need to remove the heavy influence by CAI over HOA-Land, a few instances are provided.

“In the context of community associations, the unwise extension of constitutional rights to the use of private property by members . . . raises the likelihood that judicial intervention will become the norm.”[7] (NJ).

In other words, CAI doesn’t want our constitutional judicial system to be applied to HOAs. They can rule themselves without judicial oversight. All other forms of local government, including the most liberal of self-government charters under the home rule doctrine are subject to the Constitution.

AGAINST

[CAI] Kathe Barnes, Self(02/10/2020); Jason Barraza, AZ ASSN OF COMMUNITY MANAGERS (AACM)(02/10/2020); Terry Carstens, Self(02/23/2020); Quinten Cupps, Self(02/06/2020); [CAI, AACM] Mary Jo Edel, Self(02/06/2020); Alexis Glascock, COMMUNITY ASSOCIATIONS INSTITUTE(02/09/2020); [CAI attorney] Lynn Krupnik, Self(02/06/2020); [AACM] Linda Lang, Self(02/10/2020); Mark Logan, Self(02/10/2020); Dave Norton, Self(02/06/2020); Jeff Sandquist, AZ ASSN OF COMMUNITY MANAGERS (AACM)(02/10/2020); Vicki Sears, Self(02/06/2020); [AACM] Mark Wade, Self(02/06/2020); Donna Wood, Self(02/06/2020); [AZ]

The above quote represents the persons and/or organizations against Arizona Senate bill SB 1412 (2020). The bill would bring homeowner protections for HOA political activity and free speech rights. Note the absence of any identification of several persons who are members of one or the other mentioned organizations, CAI and AACM (AACM is a spin-off from CAI in 2003). That’s 8 out of 14 persons in opposition. Please also note that none of these persons have identified themselves with any HOA. Where are the HOA directors or presidents?

California’s SB 323 (2019) introduced fair elections procedures for HOAs that protect homeowner voting rights. It addressed one of my 6 substantive defects in the HOA legal scheme.[8]   It has become California law. Long time California lawyer Adrian Adams is heavily involved in CAI policy and management at the HQ and chapter levels. He writes:

Last year, the Center for California Homeowner Association Law (CCHAL), an organization hostile to community associations . . . The train wreck legislation . . . The bill also forces members . . . In another hostile move against associations . . . The California Legislative Action Committee (CLAC) is a volunteer organization consisting of homeowners and professionals serving homeowner associations by monitoring legislation, educating lawmakers, and protecting the interests of those living in community associations.[9]

CAI’s California LAC:[10]

The California Legislative Action Committee (CLAC) is a committee of Community Associations Institute (CAI), a national not-for-profit educational and resource organization dedicated to fostering vibrant, competent, harmonious community associations. CLAC consists of homeowners and professionals serving community associations.

We worked hard to defeat SB 323 and we came very close, especially on the Assembly Floor where the bill passed and was sent to the Governor. . . . Let’s work closely together to make sure legislators understand the negative consequences SB 323 potentially will have on community associations.

It should be obvious by now that CAI is not a friend of the homeowner in spite of its lofty, high sounding pronouncements, policies and Best Practices. The acts of its members both in CAI HQ and in the numerous state chapters speak an entirely contradictory message. CAI is there to support the HOA and the BOD that is the real person representative of the HOA association. It is obvious that granting and admitting individual rights and freedoms to the homeowners presents an obstacle to its personal agenda; CAI is a business trade tax-exempt nonprofit entity to make money for its members, the attorneys and managers for the most part, the

After consideration of the above and earlier posts under Restructuring HOAs, I ask and answer: Does the Declaration provide covenants that implement and accomplish the intents and purposes of the HOA that serve the interests of the members? My answer is NO. It raises the question of why BODs accept the HOA model of local government and resist revisions in order to bring the HOA within the Constitution for the protection of its members?

Notes

[1] See “Restructuring HOAs – intents and purposes,” George K. Staropoli, HOA Constitutional Government (Feb 2020).

[2] The basis for a definition can be found in “CAI claims Factbook 2018 at home with Democracy in America.”, in HOA Constitutional Government, footnote 9.

[3] See “Would the HOA legal scheme collapse under a democratic form of government?” in HOA Constitutional Government (2014); “HOA-Land and the decline in democratic institutions” in HOA Constitutional Government (2019).

[4] See “HOA member Declaration of US and State citizenship” in HOA Constitutional Government (2012).

[5] See Benito Mussolini: What is Fascism, 1932.

[6] “Fundamental Ideas of Fascism,” Benito Mussolini, Souciant, Inc. (2016).

[7] CAI amicus curiae brief in CBTR v. Twin Rivers, 890 A.2d 947 (NJ Super. App. Div. 2006).

[8] See HOA Common Sense: rejecting private government, Democratic elections, No. 5. (2019).

[9] Adams Stirling Newsletter, Adrian Adams, Esq. (Feb. 24, 2019). Adams is a member of CAI’s Community Association Research Foundation, CAI chapter director and CLAC delegate.

[10] CAI-CLAC Feb. (2020).

 

 

 

Podcast: AZ omnibus HOA bill demonstrates workings of legislators

In 2013 Arizona Rep. Ugenti attempted twice to get this all or nothing HOA bill made law and having finally to resort to an unconstitutional dark of night successful passage. It violated the AZ Constitution and rules of the AZ legislature resulting in a successful court challenge of unconstitutionality. No ethics complaint was filed against Ugenti.

The video deals with the first attempt presentation by the sponsor, Ugenti, and AACM lobbyist (Arizona Assn of Community Managers). The bill passed the committee but failed in the Senate. In the late night hours with the legislature tired out from an extended budget debate, SB 1454, same bill content, was passed 5 minutes before sine die.

My comments (video and written) are included as the video moves along.

 

 

Get informed and knowledgeable about HOAs in America  — discover what has been hidden from you all this time. Read HOA-Land Nation Within America today!