Welcome to Ungated
Wednesday, May 28
What Ever Happened To The Right To Contract?
by
Tom Skiba
on May 28, 2008 02:26PM (EDT)
The Arizona Legislature, like many other state legislatures this year, is in the process of considering a number of bills that would further regulate and restrict the community association industry. CAI's Arizona Legislative Action Committee (LAC) is working with legislators and their staffs, as do all of our 28 state LAC's, to make sure that CAI members voices are heard.
It is rare though, to have an independent think tank enter the fray and express an opinion on HOA related legislation. But that is just what the Goldwater Institutes Center for Constitutional Government has done. Thought some of you would find this interesting.
Regulating HOAs Violates Freedom of Contract
Nick Dranias
Goldwater Institute Daily EmailMay 22, 2008
The Arizona Senate is considering a bill that would regulate homeowner associations by imposing government mandates on HOA contracts.
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.
Because the relationship between homeowner associations and their members is a voluntary contract, any law that overrides that relationship violates this principle. Moreover, such laws risk violating Article 2, § 25 of the Arizona Constitution, which provides, “No…law impairing the obligation of a contract, shall ever be enacted.”
If enacted into law, the bill under consideration would override “loser pays” provisions in homeowner association agreements that require a losing litigant to reimburse the association for the attorneys’ fees and costs incurred in defending a lawsuit. The law would thereby erase provisions that are meant to discourage litigation. This threatens homeowner associations and their members with a greater risk of litigation and higher assessments.
The regulation of homeowner associations is unwise and unconstitutional. Even if a few abusive homeowner associations deserve to be sued more often, it would be ham-fisted to encourage an across-the-board increase in litigation against all associations. If freedom of contract means anything in this state, it means that we shouldn’t all suffer together when the state overreaches in deciding what’s best for us.
Nick Dranias is the Director of the Center for Constitutional Government at the Goldwater Institute.
Wednesday, May 21
The Magic of Community - Photos
by
Tom Skiba
on May 21, 2008 11:04AM (EDT)
Photos from our 57th National Conference and Exposition in Orlando have been posted to the web site. Enjoy
Manager Licensing Update
by
Tom Skiba
on May 21, 2008 10:59AM (EDT)
Last month Virginia Governor Tim Kaine has signed HB-516 establishing a mandatory community manager licensing requirement for managers and management companies doing business in the Commonwealth. The law goes into effect on July 1, 2008 with some of the initial deadlines occuring by the end of 2008. Although the specific regulations and requirements have not yet been written and approved, we do know that individuals holding the AMS or PCAM designations from CAI or the CMCA certification from NBC-CAM, along with management companies holding the AAMC accreditation, will meet the requirements for licensing in Virginia.
In addition, we are closely tracking very similar licensing initiatives in Illinois, North Carolina, and South Carolina at this time. CAI is committed to providing all of our members with the necessary training and support to meet the requirements of the new licensing requirements in Virgina (and any other state) simply, efficiently, and cost-effectively.
We have developed a new Manager Licensing page on our web site to provide information on manager certification and licensing requirements and initiatives from across the country, including in Alaska, California, Connecticut, the District of Columbia, Florida, Georgia, Illinois, Nevada, and Virginia. Check back regularly as new information and details are added as they become available.
Tuesday, May 20
Future Dates and Events
by
Tom Skiba
on May 20, 2008 03:46PM (EDT)
Conference in Orlando was great and I am already getting calls from folks starting to plan for next years annual conference in New Orleans. So here are some dates to remember for future CAI national events and activities. Click through on the highlighted events to get more information from the web site:
2008 EVENTS
APCM Workshop for Managers - Career and Professional Development: (Baltimore, MD) June 12, 2008
21st Annual CEO-MC Retreat: (Salt Lake City, UT) June 19-21, 2008
Large Scale Community Managers Workshop: (Sunriver, OR) September 10-14, 2008
Professional Manager Development Program Courses: Take place throughout the year and across the country (Schedule)
2009 EVENTS (for those who like to plan ahead)
30th Annual Law Seminar (Palm Springs, CA) January 29-31, 2009
CAI's 58th Annual Conference and Exposition (New Orleans, LA) April 22-25, 2009 (NOTE: For those of you of a musical persuasion, the weekend of April 25-26 is the opening weekend of the New Orleans Jazz and Heritage Festival, commonly known as JazzFest. You may want to plan on staying a couple of extra days for a once in a lifetime musical experience)
22nd Annual CEO-MC Retreat (La Jolla/Torrey Pines, CA) June 25-27, 2009
Large Scale Community Managers Workshop (Sandestin, FL) September 9-12, 2009
Wednesday, May 7
The Magic Of Community - Wrap Up
by
Tom Skiba
on May 7, 2008 01:58PM (EDT)
Well, another CAI National Conference is in the books and it was an incredibly successful one. Our visit to Orlando brought opportunities to learn and share, meet new friends and reconnect with old friends, have some fun, and use the Magic of Community to re-energize ourselves and our careers. Those who were there know what I am talking about. If you weren't there, you should have been. Just ask someone who attended about all the things you missed, including:
* 1,100+ attendees
* 130+ exhibitors and sponsors
* 34 chapter and individual awards
* 24 educational sessions and workshops
* 6 receptions and cocktail parties
* 2 fascinating general sessions
* 1 fabulous awards dinner and dance
And that's just the high points of the official program. There was also Disney, golf, and lots of other diversions.
It's not to early to begin planning for next years conference in New Orleans, LA. You can help us bring community to NOLA from April 22nd through 25th 2009.
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