In my BJR Con Job paper I end with the failure of judges to be fully educated with respect to HOA-Land, but also the failure of law schools to fully educate graduating students in regard to the HOA legal scheme. Homeowners in court quickly find out how ignorant are the courts and lawyers with regard to HOAs. The chief reason is the dominance of the “CAI School of HOA Governance”[1] — the CAI Ministry of Public Enlightenment and Propaganda.
It is important then that we address this state of affairs by educating the judges, the law school administrators, and the graduating law students. One way is to present a consolidated picture of the failures of the courts to uphold the Constitution as I have attempted with my HOA Constitutional Government: the continuing battle. (See ACT NOW below).
What has this to do with legislative reforms, you may ask. There is an interplay between the legislature and the judicial system — separation of powers — whereby it is up to the courts to uphold and defend the Constitution from violations. As we know, unfortunately, the courts have accepted and supported unjust HOA legislation!
I can only recall one comprehensive attempt to accomplish this task by reporter Judy Thomas of the KC Star (August 2016, not currently available to the public without signup) with her extensive coverage of HOA board of directors conduct.[2]
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CALL TO ACTION
“The protection of the rights of free citizens depends upon the existence of an independent and competent judiciary.”
First read the book, if only the Amazon description, book Preface, and selected issues of your choosing. Then send a Kindle or paperback copy to your state legislative leaders, the clerk of your state supreme court and any related education of judges division.
(Example from the AZ Supreme Court Education Div.)
Also include the deans of the law schools and persons in charge of programs (like a course in HOA related laws), and The Federalist Society whose mission is to educate law students by exposure to real cases, laws, and issues.
Purchasing the book alone will demonstrate to the above persons our commitment and concerns regarding the longstanding failure of the judicial system to support “equal justice under the law.” Sending copies will provide the documented framework, the evidence on record, containing the acts and views of judges in their own words.
ACT NOW!
You can buy the 145-page book on Amazon:
Kindle (eBook) version $ 9.95; Paperback version: $15.95
References
[1] The foundation and principles of the School can be traced back to CAI’s Public Policies, The CAI Manifesto (its 2016 “white paper”), its numerous seminars and conferences, its Factbooks and surveys, its amicus briefs to the courts, and its advisories, letters, emails, newsletters, blogs etc. I have designated these foundations and principles collectively as the CAI School of HOA Governance.
[2] See in general, “KC Star: problem with HOA? Don’t go to CAI”.
HOA Constitutional Government 