Texas homeowners , Stand Your Ground ! Don't sleep too sound lest your bedroom walls come crumbling down

March 19, 2005

By HOA Voices (View author info)
Copyright HOA Voices

Texan's, Stand Your Ground!

Proud Americans have historically vigorously defended against too much Government intrusion into their lives. It has often been said that Government "is breaking down the bedroom walls" when it tramples upon our privacy.

Well Texans, we have a new 'government'. It is the Homeowner Association housing industry, aka, the CAI.

The following article was recently published by the Texas Legislative Action Committee of the Community Associations Institute (CAI).

The most frightening sentence of the publication reads as follows:

"CAI supports effective collection methods, including lien rights, and foreclosures, and opposes government limitations on the CAI efforts."

CAI is talking about the "right" of an HOA to foreclose on YOUR home.

This is followed by the admission of their desire to "control" communities: "We monitored more than 7,000 bills and involved ourselves in more than 60 "hot" bills that effected our control of communities."

What entitles them to have "control" of YOUR community or home?

Wake up and smell the coffee Texans! Know everything there is to know about just WHO is in control of your so called "home" AND your home equity in a homeowner association.

Don't sleep too sound lest your bedroom walls come crumbling down, quite literally, while you sleep.


Here is CAI's Propaganda:

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The ADVOCATE for CAI HOAs

Welcome, it's March 18, 2005

CAI-TLAC (Texas Legislative Action Committee) testified and lobbied legislators, state capitol staff and other lobbying organizations to the point where their bills were amended to our satisfaction.
Most of the time this meant we agreed to a less harmful provisions; other times we simply altered the bill to our complete satisfaction.

We monitored more than 7,000 bills and involved ourselves in more than 60 "hot" bills that effected our control of communities.
Lead the fight to defeat five bills in 2002, got one pet bill vetoed, and another stalled for one year. All of these bills micromanaged community associations and removed the local authority or boards to self-govern.
We were responsible for the removal of HOAs from a bill that would have required all lead based paint removed or encapsulated at a cost of untold hundreds of millions of dollars.

TLAC's Accomplishments

We conducted a "CID Poll" to obtain our local HOA opinions on issues and proposed legislation; the poll results we communicated to legislators.

CAI supports legislative, regulatory or judicial actions to establish that community association assessments are not considered 3 a consumer debt2 as defined by the Fair Debt Collection Practices Act or similar state statutes.

CAI supports the elimination of the residential requirements of gross revenue of 60%, any flat 30% tax rate and the replacement with an average marginal tax rate, paid by individual taxpayers.

CAI supports effective collection methods, including lien rights, and foreclosures and opposes government limitations on the CAI efforts.

CAI will progressively pursue Board of Director, and Management Companies interpretations and administration of, or changes to, the association CC&R's

CAI urges the promotion by federal lending-related agencies and the secondary market to promote the availability of adequate financing programs for the community associations and its housing.

CAI supports effective state legislation, only when it is deemed necessary, conversion limitations, protections for ongoing operations, to ensure balancing the legitimate rights of the development industry.

CAI recognizes and supports the rights of residential common-interest communities to regulate the nature of commercial activities within their communities, including the option to choose whether or not individual residences can and may be used as home-based businesses.

CAI supports some amendment of covenants to allow home-based businesses that do not have an adverse impact on the community.
CAI opposes legislation that would supercede any covenant restrictions on home-based commercial activities.

CAI believes in direct homeowner involvement and participation in the origination process and operational phases of community associations.

CAI supports legislative protections against unwarranted legal liability for members of a community association board of directors or committee, to enable them to make responsible judgments without fear of personal loss interfering with the interpretation, judgment or decision making process.

CAI further supports indemnification of community association officers and board member and the provision of directors and officers insurance coverage as a common expense.

LIMITED LIEN PRIORITY FOR COMMUNITY ASSOCIATION ASSESSMENTS

CAI supports a lien over the first mortgage for regularly paid assessments or any modification of any laws restricting lending institutions from making loans which are subject to the community association assessment lien priority.

LOCAL TAXATION AND PUBLIC SERVICES FOR COMMUNITY ASSOCIATIONS

CAI believes that common interest communities should not be taxed for municipal services provided. Separate assessment and taxation of common property is unjust double taxation. Officers and Board members should be allowed to deduct association assessments attributable to the performance of public functions.

PRIVATE PROPERTY PROTECTION

CAI supports protections that enable property owners to challenge and resolve efforts to take common property. CAI opposes legislative, regulatory or judicial actions that would limit or restrict the ability and rights of community associations to maintain control over association common property.

QUALITY CONSTRUCTION AND RIGHTS OF ASSOCIATIONS AND BUILDERS IN THE EVENT OF DEFECTS

CAI believes that builders and construction professionals should deliver a product made with quality workmanship and free from defects.

CAI also recognizes that homeowners must be reasonable in their expectations of the quality of construction of their homes.
CAI supports legislation and regulations concerning construction defects that adequately balance the rights and responsibilities of community associations, their officers, boards and homeowners, and of builders and construction professionals.

REASONABLE OCCUPANCY STANDARDS

CAI supports the right of community associations officers and board members to establish reasonable occupancy standards.
CAI opposes the implementation and enforcement of the Federal Fair Housing Act in a way that treats reasonable occupancy standards as discrimination on the basis of familial status.
Under no circumstances should an occupancy standard of two persons per bedroom plus infants, or in the case of a 55 and older community persons under said age. constitute discrimination under the Federal Fair Housing Amendments Act.

RENTERS IN COMMUNITY ASSOCIATIONS

CAI supports a balanced approach to the treatment of tenants in community associations, while protecting traditional property rights, including reasonable regulation of transient occupancy, tenant compliance with association standards, and the integration of tenants into the community on an equal basis.

RULES DEVELOPMENT AND ENFORCEMENT

CAI supports legally sound and equitable rules development and enforcement procedures in community associations.

SUPPORT FOR THE UNIFORM ACTS

CAI supports and recommends consideration and adoption of the one or more of the Uniform Community Association Acts by all states.
In those states where it is not appropriate, practical or possible to adopt one or more of these uniform acts in their entirety, the Institute recommends consideration of appropriate portions of these laws.

TELECOMMUNICATIONS

CAI supports the growth of competition in the telecommunications and video programming marketplace among telephony, cable, satellite, television broadcast, wireless cable, and other providers so that community association residents will have access to advanced, innovative services.

However, CAI opposes governmental regulation that would require community associations to permit choices of telecommunications providers, video programming providers to individual association residents to install equipment or wiring on common property without prior association approval and its control.

CAI also opposes any federal or state initiatives that would limit a community associations ability to enter into a telecommunications or video programming contract without the memberships approval.

TRANSITION OF COMMUNITY ASSOCIATION CONTROL FROM THE DEVELOPER TO HOMEOWNERS

CAI recognizes that successful transition is the responsibility of the developer, through continuing training, education programs, and homeowner involvement in association governance.

VETERANS ADMINISTRATION GUARANTEEING LOANS SECURED BY SHARES OF STOCK IN A HOUSING COOPERATIVE

CAI supports and urges that Congress amend 38 U.S.C. 1810, to allow the same veterans benefits to a housing cooperative purchaser as it does to a purchaser of condominium housing.

Related links

Texas Homeowner Association News