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View Article  What Ever Happened To The Right To Contract?

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.

View Article  The Magic of Community - Photos
Photos from our 57th National Conference and Exposition in Orlando have been posted to the web site.  Enjoy
View Article  Manager Licensing Update

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.

View Article  Future Dates and Events

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

 

 

 

View Article  The Magic Of Community - Wrap Up

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.

View Article  Community Green

Today is Earth Day 2008 and an appropriate time to remember that we all have an important obligation to manage our resources wisely and leave the world a little bit better than we found it.  And communities across the country are already living "green" in many ways.

CAI is pleased to announce a new program to help community associations of all types and sizes make their communities a little more green.  Community Green is a new website dedicated to providing associations and their residents with resources, tools, and examples of how they can conserve energy, reduce their environmental footprint, and maybe even save money at the same time.

In the spirit of the environmental movement's credo "Think Globally - Act Locally", Community Green is designed to give community associations the tools they need to identify opportunities to be more environmentally active, build consensus within the community around particular initiatives, and achieve practical, measurable results.  Results that have a positive impact and still reflect the unique nature of community association living.

And we want to hear more about what you are doing in your own community.  Tell us how your association has made a positive environmental difference.  Share your story on the Community Green website or click on the comment link below so that others can learn from your experiences.

View Article  Only 3 More Days For The IAF Auction

The on-line auction to benefit CAI's Issues Advancement Fund is in full swing and only has 3 more days to run.  You can review the various auction items and place your bids at our auction site.  Funds are made available to our Legislative Action Committees to support key advocacy initiatives year-round.

Whether it is a quick get away to Mexico, some unique artwork, or more Disney secrets than you ever wanted to know, there is something in the auction for everyone.

Special thanks also go to our auction sponsors...

Reserve Advisors                       AceDuraflo Systems, LLC
 
U.S. Lawns           Association Voice

...and all the individual contributors of auction items.

View Article  The Magic of Community - Getting There And Having Fun

CAI has arranged some additional resources and benefits for attendees at the upcoming National Conference in Orlando.  (Hard to believe it is less than 2 weeks away).

Interested in spending some time at DisneyWorld, Epcot, or one of the other parks?  You can get discounted tickets as a CAI meeting attendee.  These Special Disney Meeting/Convention Theme Park Tickets are available only in advance and only to meeting attendees, their guests and family members.  Disney's multi-day and half-day Meeting/Convention tickets are designed to fit any agenda and can not be purchased at the Theme Park Gates.  For ticket purchase, visit www.disneyconventionears.com/tickets or contact our office at (407) 824.3869.

Need to get to your hotel?  You can arrange an airport transfer from Disney's Magical Express Service - If you are arriving by air at Orlando International Airport, Disney's Legendary service starts the moment you touch down and continues throughout your stay. This exclusive complimentary shuttle and luggage delivery service conveniently takes you from the airport directly to your Disney Resort and back stress-free. For more information and to book, call (407) 827-6777 or visit www.disneyconventionears.com/dme.

View Article  The Magic of Community - 2 Weeks to Orlando

CAI's 57th National Conference will convene in a little more than 2 weeks.  Our first event will be our Welcome Reception on Wednesday evening from 5 - 7 pm.  This is a great chance to see and be seen, to catch up with old friends, and to meet some new ones.  If you haven't registered yet, there is still time to register online.  Need more info?  Check out the conference page and the full brochure detailing all the educational sessions.

We couldn't deliver conference without the generous support of our sponsors.  CAI gives our special thanks to the following sponsors:


Platinum Partner


TOPS Software, LLC

TOPS Software logo
Also co-sponsor of PCAM Reception


General Session Sponsor


Associa

Associa logo


Gold Partners


AmeriFlood

AmeriFlood logo

Community Archives, Inc.

Community Archives, Inc. logo
Also sponsor of Leadership Break and CED Scholarship

SmartStreet

SmartStreet logo


Events Sponsors


Welcome Reception

Association Voice, Inc.

Association Voice logo

CGI Windows & Doors, Inc.

CGI Windows & Doors logo

Jenark

Jenark logo

U.S. Lawns

U.S. Lawns logo

PCAM Reception Co-Sponsor

The Flood Company

Flood Company logo

TOPS Software, LLC

TOPS Software logo

Managers Reception

Kevin Davis Insurance Services

Kevin Davis Insurance Services logo

Chapter Leadership Breakfast

Colonial Bank

Colonial Bank logo

Chapter Leadership Break

Community Archives, Inc.

Community Archives, Inc. logo

SouthData

SouthData logo

Name Badges

dwellingLive, Inc.

dwellingLive logo

View Article  Going Once! Going Twice!.....

I want to invite you to participate in an exciting event CAI is hosting as part of the upcoming National Conference. As part of our effort to raise money for the Issues Advancement Fund (IAF), CAI will be launching an online auction in the weeks leading up to our meeting in Orlando.

 

From April 7-14, you can preview the auction catalog online.

 

Bidding begins on April 14, and concludes on Thursday, April 24.

 

You’ll find a selection of items covering a variety of prices and interests, including:

The online bidding will begin Monday, April 14 and concluded on Thursday, April 24th.

  • Roundtrip travel for 2 on Southwest Airlines
  • An amphibious tour of Washington, DC
  • A Nintendo DS-Lite portable video game system
  • A Disney Secrets package
  • And other great donations

 

The online auction will give you the opportunity to bid on exciting products and services while supporting advocacy efforts across the country.

 

CAI maintains the IAF to provide grants to state Legislative Action Committees (LACs). Grants support member efforts in shaping public policy related to community associations.

Community associations are not governments -- many years of legislation and court rulings have established that fact beyond a reasonable doubt. Yet they are clearly democratic in their operations, electing their leadership from among the homeowners on a periodic basis. In fact, associations operate much more democratically than almost any other form of corporate entity. You can own a couple of shares of ExxonMobil, but they certainly aren't going to give you an opportunity to serve on the board, and the process for nominating and electing directors is pro forma from the perspective of a small shareholder. But if you want to get involved in your community's leadership the barriers to entry are much lower. In fact, many communities go begging for folks to serve as volunteer leaders.   more »
View Article  The Magic of Community - Early Bird Conference Registration Deadline
Don't forget, today is the deadline for Early Bird Registration for National Conference in Orlando.  Save $50 by signing up today online, by fax, or by phone  (888) 224-4321 (M-F, 9-6:30 ET).  Need more information?  Check out the full conference brochure and the conference web page.
View Article  Why Community Management Is A Great Business

Julie Adamen is well-known fixture in the community management profession.  A former manager herself, she now focuses her time on recruiting professional community managers, speaking on industry issues, and training managers and boards across the country.  Julie's monthly newsletter is always timely and provocative -- you will never be in doubt about how she thinks about a topic.

This month, her lead article focuses on why community management is a great industry to be in, especially right now as other portions of the real estate market wither to a shadow of their former selves.  I encourage you to give it a look. 

Julie rightly points out that our industry continues to grow, that it is fundamentally safe from outsourcing, and can be intellectually and personally challenging.  This certainly agrees with my observations, including the continued demand for experienced, trained community managers.  Existing communities must still be managed, perhaps more so now that foreclosures and falling sales prices have made being budget conscious even more important than ever.

View Article  Coming Soon, CAI's 21st Annual CEO-MC Retreat

Hard on the heels of the National Conference in Orlando next month, CAI will be holding its 21st Annual CEO-MC Retreat in Salt Lake City, Utah from June 19 - 21.  Designed as a unique once a year learning and networking experience for management company CEO's and senior management, the retreat is an opportunity to hone your leadership skills and learn what works and what doesn't in today's challenging association management environment.  The Retreat begins at noon on June 19 and ends around noon on Saturday June 21.

In addition to the Retreat, we will also be conducting our one-day CEO Bootcamp on June 18th from noon to 5pm.  If you are new to your company or your leadership position, the Bootcamp is a great way to familiarize yourself with the critical issues and management challenges you will face, understand the dynamics of our industry, and network with other company executives.

And for those of you who chase a little white ball around in the sunshine, we will once again be holding our annual CEO Open golf outing on June 18 and 19. 

All the information on times, dates, and costs is on the registration form.  (Note: the final costs for golf have not been determined yet.  Please indicate your interest on the form, any requested playing partners, and your handicap so that we can reserve you a tee time.  We will collect the golf fee at a later date.)

View Article  Orlando Update

The Magic Community

Don't forget that the "early bird" registration deadline for CAI's 57th National Conference is coming up on March 31st.  Register by the end of this month and save $50.

And we have just added two additional special events to the conference schedule.

  • Mid-Florida Chapter Party—Thursday, May 1, 6:30-8:30 p.m. Enjoy an evening of food and fun at the dance club MOTiON, located in Downtown Disney Pleasure Island. Admission includes a buffet reception, two drink tickets and entertainment. Tickets are just $75 before March 31 and $85 at the door.
  • Behind the Scenes Tour—Wednesday, April 30, 1-4:00 p.m.; Saturday, May 3, 11:00 a.m.-2:00 p.m. Have you ever wondered what goes on "behind the scenes" at the Walt Disney World® Resort? This tour is an unforgettable journey—where you see, firsthand, just how the "magic" is made!
  • I hope to see you in sunny Orlando.

    View Article  Community Manager Licensing in Virginia
    A number of manager licensing initiatives are moving through legislatures across the country.  CAI has been working with diverse groups to support these bills and provide a mechanism to ensure accountability, consumer protection, and adequate education and skill requirements are addressed.  It appears that the Commonwealth of Virginia will be the first out of the chute with a new licensing law.
     
    On Tuesday, March 4, 2008, the Virginia General Assembly passed HB 516, requiring the Commonwealth’s professional community association managers to be licensed. The bill moves to Governor Tim Kaine (D) for his signature.  If signed, the law becomes effective July 1, 2008.
     
    Under the bill, individuals and entities offering management services to community associations in the Commonwealth must be licensed with the Common Interest Community Board (the Board).  The Board, to be appointed by the Governor, will be comprised of representatives of the management industry and community associations.
     
    Under the law, employees of community association management firms who have principal or supervisory responsibility for persons providing management services must be certified according to standards established by regulations adopted by the Common Interest Community Board.  Specific language in the statute allows those standards to be met by any manager holding a Certified Manager of Community Associations (CMCA), an Association Management Specialist (AMS), a Professional Community Associations Manager (PCAM), or a company holding an Accredited Association Management Company designation.
     
    Provisional Licenses; Future Board Actions
     
    The Board will issue provisional licenses to individuals and entities after July 1, 2008, until December 31, 2008. After that time, applicants will have to meet all licensing requirements. The provisional licenses will be valid until June, 2011.
     
    Over the course of this summer, the appointed Board will begin the process of developing regulations to implement the requirements of the legislation – which include substantial other provisions that will affect community associations: establishing an office of community association ombudsman, and substantial modifications to resale disclosure requirements.
     
    A brief Q&A is included in the attached file.  As more details about implementation of this far-reaching bill become known, and once it is signed by the governor, CAI will pass it on to our members.  Check back to our Political Heads-Up page for more information as it becomes available.
    1 Attachment
    View Article  Rocky Mountain High

    CAI's Rocky Mountain Chapter has had a long history of leadership in the community in and around Denver, Colorado.  Recently, the chapter has been expanding their efforts to work with media outlets in Colorado to help educate board members and homeowners in associations throughout the state. 

    In their most recent effort, Gary Debus, community manager of Highlands Ranch (one of the largest associations in the United States with over 90,000 residents) appeared on local ABC affiliate 7News to talk about resolving conflicts in your association.  Gary did a great job and clearly demonstrated the thoughtful, positive process that CAI works to bring to every situation like this.

    Check out the Rocky Mountain Chapters homepage for other recent articles and media appearances.  And congratulations to the chapter and Gary for a job well done.