Tag: free speech

CAI firmly supports the New America of HOA-Land

This issue of the Community Association Institute’s house organ, Common Ground, has the strongest language for the triumph of private agreements to supersede the US Constitution, making the Constitution a meaningless piece of paper, a meaningless document, and an empty compact between the people and the state. “The right to regulate activities within a community association is an embodiment of our constitutional rights to enter into agreements with our neighbors” so proclaims CAI. It implies that the community association is just another corporate entity, and not the governing body that regulates and controls the people within its borders, which is the essential ingredient that distinguishes a corporation from a political government, a state.

CAI is falsely arguing that anybody can write an agreement to circumvent the Constitutional protections that forms the basis of our political system of government. In essence, CAI is advocating the rejection of the Constitution as the supreme law of the land and you and your neighbor can draft a new constitution as you see fit, ignoring the original Founding Fathers document. And so can another group, and another, and another, and so on. Why Is CAI arguning so? Perhaps because as private organizations, HOAs are not bound by the Constitution and can do as they please – the Constitution be damned!

CAI bitterly complains in this piece about one “disgruntled resident “[who] used the power of government to limit the freedoms of association residents” and caused Arizona to use its legitimate police powers to regulate people and organizations, and to protect the constitutional free speech rights to fly the Gadsden Flag in HOAs

And, seemingly desperate, CAI lets its readers know where it stands: The one constant is that your colleagues at CAI, working through 33 state legislative action committees, are fighting to protect associations and ensure a healthy business environment for the companies that support our communities” (Emphasis added). CAI does not stand for the people, but for the undemocratic governing body of subdivision territories known as homeowners associations. And, CAI says it loud and clear, making it quite explicit: CAI is “fighting to . . . ensure a healthy business environment for the companies that support our communities.”That is, for their members, the lawyers and their self-proclaimed professional management firms. Let the Legislators hear well!

CAI is firmly behind the New America of HOA-Land of independent principalities unaccountable to any state in the Union. A balkanized hodge-podge of independent “city-states, under a parallel constitution known as the Uniform Common-Interest Ownership Model Act (UCIOA) and its variants across this country. Brought to you by the legal-academic aristocrats who have avoided any discussion of secession or repudiation of the principles of our American system of government. But, running to the state for protection as any principality must do. And the civil government of the state abdicates its duties under the US and state Constitutions, and protects these regimes against its own citizens.

“Fees, Finances and Flags,” Common Ground July-Aug 2011, CAI.

New Arizona laws for 2011 session — thanks to the legislators

 
HOA laws for the 2011 session:
 
 The 7 new  laws, out of 22 bills introduced, affect due process protections for homeowners that levels the “litigation playing field”;   homeowner meeting rights, including the right to record board meetings, as a check on abusive boards and attorneys; new restrictions on transfer fees;  free speech rights to fly flags and political signs; and restrictions on fees for leasing signs.
 
They are:  HB 2245, HB 2609, HB 2717, SB 1148, SB 1149, SB 1326,  and SB 1540.  All homeowner friendly, and as many would say, making for a better community and a better Arizona. 
 
This Arizona session has been the largest pro-homeowner crop of HOA reforms in my 11 years of advocacy. 
 
And it also included a sharp rebuff to CAI in its desperate attempt to retain influence over HOA boards through lobbying our legislators.  HB 2441, the minority control / no court appeals  bill – failed.  Now, they alone, are setting out to put the spin on these new laws by offering seminars and classes. 
 
The public has no alternative to this pro-HOA special interrests propaganda since the news media remains firm in its policy of No Negatives About HOAs.  It would be impossible for the media to explain the new laws without reference to the abuses and lack of homeowner protections in HOA regimes.
 
Thanks to the tenacity of several outspoken Arizona advocates, the laws become effective on July 20th.

HOAs and the media: The media has failed as watchdogs of democracy

 

Tom Brokaw defines “the greatest generation” as “American citizens who came of age during the Great Depression and the Second World War and went on to build modern America.”  Among them were journalists Edward R. Murrow and Walter Cronkite. “Fellow journalists considered Murrow one of journalism’s greatest figures, noting his honesty and integrity in delivering the news.” He stood up to defend American values during the 1950s McCarthy era quest to uncover Communists in America. Murrow “criticized McCarthyism and the ‘Red Scare’, contributing if not leading to the political downfall of Senator Joseph McCarthy.”

And there was Walter Cronkite, “the most trusted man in America,” and of whom the Dean of ASU’s Cronkite School of Journalism had said, “The values that Mr. Cronkite embodies – excellence, integrity, accuracy, fairness, objectivity – we try to instill in our students each and every day.” (Walter Cronkite and ASU).

Both would be appalled by what has happened to journalism and the news media today, with their quest for profits and entertainment over reporting the facts.   The media is failing their role in a democratic society and to America. Their silence on important issues is a constraint on free speech.

The crux of our democracy is the ability of citizens to obtain honest, truthful and balanced information, and the credibility and integrity of the individual journalist and communications professional are crucial in that effort.  (Arizona State University, Cronkite School Academic Integrity Policy).

 

And no where has the media’s complicity in withholding the truth from the American people been so obvious than with respect to the homeowner associations. Its has failed to “tell it like it is.” Some 20% of Americans, and growing each year, live under a homeowner association private government regime.  Whenever some event occurs reflecting a problem with HOA governance and living, the media has treated it as a local neighborhood issue. The media has selectively ignored the messages about the substantive issues pertaining to the lack of democratic institutions and the loss of constitutional protections. And it has repeatedly ignored the sources of authoritative advocate information available on the internet, such as The Truth in HOAs disclosure.

There are parallels between the acceptance of Hitler and Nazism by the common German with the quiet acceptance of the new world order of HOAs. In regard to the “good” German people and those who could understand what was happening, they went along

In the usual sincerity that required them only to abandon one principle after another, to throw away, little by little, all that was good [and]when men who understand what is happening — the motion of history not the single events or developments — when such men do not object or protest, men who do not understand cannot be expected to.  

(They Thought They Were Free, Milton Mayer, 1955).

The media is guilty of not trying to understand and report what is happening.  And there is no excuse for its policy of “No Negatives About HOAs.” One would think that the watchdogs of democracy fell under the same spell, the same con, as the advisers to the Emperor in Hans Christian Andersen’s The Emperor’s New Clothes. “‘Stupid I certainly am not,’ thought the official. ‘Then I must be unfit for my post. But nobody shall know that I could not see the material.'” That to speak out would make them unfit for their place in the new world order, The New America of HOA-Lands.

And after a little child had spoken out while on parade, “The Emperor himself had the uncomfortable feeling that what they were whispering was only too true. ‘But I will have to go through with the procession,’ he said to himself.” It appears that the journalists and the media as a whole have decided to go through with the procession.

The Unspoken Alliance: “No negatives about HOAs”

The Arizona Republic ran the article, HOA, Laveen man fight over historic flag. 

The HOA called the flag debris and said it broke neighborhood rules.. . . The flag’s a favorite emblem for the ‘tea party”‘movement.

 Reply Comment:

This is a solid First Amendment violation of the right to speak freely on politcal matters.  Supreme Court has upheld such rights. Any deed restriction or covenant that is against public policy or is unconstitutional is invalid and unenforceable. Long held law, thank goodness!

Now, you would think that the HOA attorney, Delgado. another member of the CAI law firm of Carpenter Hazlewood, would know that.  Wouldn’t you think so?   It is interesting that the media always fails to mention this affiliation with CAI, as many of these attorneys lecture on how to live happily in an HOA.  And they are supported by your local town government through the HOA Academy and Leadership Centre programs. 

Are the media and local supporting governments part of the unspoken alliance of, “No negatives about HOAs”?  

How about your Attorney General?  Your consumer protection agencies?  Your real estate department?  The Realtors?  Heard or read anything of substance against HOAs?  Gee, maybe I’m delusional and there are no serious issues of substance after all.

Attorney Rebuttals of Goldwater Institute reform legislation as contract interference

The Goldwater Institute, a public interest firm that believes in protecting individual property rights, opposed Arizona HOA reform legislation SB1162 on the basis of contract interference. The Nick Dranias opinion stated:

This bill runs afoul of freedom of contract, the principle that the government should not interfere with agreements reached by willing parties. This principle recognizes that the state should not superintend the wisdom of contractual relationships.

Read more . . .

From the rebuttal letter by Steve Cheifetz, an attorney representing homeowners who also argued for reform legislation before Arizona legislative committees:

Your suggestion that it is inappropriate to seek to limit the powers of such associations because the relationship between the homeowner and the association is one of contract would be the same as suggesting that citizens of this country should not seek to limit the powers of our state, federal and local governments.

Read more . . .

From the rebuttal letter by Clint Goodman, another attorney representing homeowners who also argued for reform legislation before Arizona legislative committees:

As a trial attorney, I am witnessing a clear trend that concerns me greatly. Associations are using their “contract” to act in any way they please without fear of legal consequence. A few of the many cases I have encountered over the last year demonstrate this point.

Read more . . .

See this writer’s commentary . . .