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Subject: You KNOW things are bad when CAI supports a HO against his HOA!!
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Author Messages
DJ1
(Ontario)

Posts:798


10/21/2008 4:40 AM  
http://www.marketwatch.com/news/story/national-group-supports-homeowner-against/story.aspx?guid=%7BE4D7C765-204A-4CFE-83E5-40FC938A963A%7D&dist=hppr
GeorgerwilliamsW
(Indiana)

Posts:975


10/21/2008 5:37 AM  
Thanks, DJ. I bet there is a story behind this one--on both sides. I wonder what motivated CAI to get involved??
SusanW1
(Michigan)

Posts:5202


10/21/2008 5:54 AM  
IMO - most important quote from the story:

"This ruling is important because it affirms that an association and its management cannot ignore their obligations to owners," Goodman said. "The homeowner asked the association to enforce its own documents and they repeatedly refused despite expert recommendations and evidence that there was a problem."

JosephW
(Michigan)

Posts:882


10/21/2008 7:18 AM  
For your reference, anyone can request an amicus brief from CAI, although the request usually comes from one of the attorneys involved with the case. Below is the Amicus Policy

------------------
CAI Amicus Curiae Brief Request Submission & Review Procedures

Amicus curiae (friend of the court) briefs allow organizations with an expertise in a certain area of the law to educate a court on the legal issues in a particular case. CAI's amicus curiae efforts enable the organization to help shape the outcome of matters of importance to community association law.

These policies and procedures have been developed to determine whether CAI (as a national organization), a CAI Legislative Action Committee (LAC), a CAI Chapter or group of Chapters, or some combination thereof will file an amicus curiae brief with an appellate state or federal court. No amicus curiae effort may be undertaken in CAI's name in any court without the approval of CAI's Amicus Curiae Advisory Group and Board of Trustees.

Amicus Curiae Brief Request Submission Procedures

Anyone may request amicus curiae assistance. All requests should include a cover letter or memo that includes the timeline for filing the brief, whether a motion to leave must be filed before or with the brief, and the names of local attorneys who would be able to assist in drafting and editing the brief. The letter or memo should also note whether the requesting party would submit $500 to CAI to defray electronic legal research costs, although the ability to make such a contribution will have no bearing on CAI's review of the brief request. All requests must also include the following materials, arranged in order by labeled tab dividers that follow a complete table of contents of all materials submitted:

A detailed explanation of the facts of the case and the issue(s) to be briefed, including whether the issue(s) is/are of state or national importance.
A description of the importance of the issue to the development of community association law.
The lower court decision.
Any relevant submissions by either party.
Any pertinent court cases or statutes.
The association documents.
Any additional information that might be of use in evaluating the request.

The request should be sent to:
CAI
Government & Public Affairs Department
225 Reinekers Lane, Suite 300
Alexandria, VA 22314

Amicus Curiae Request Review Procedures

CAI will maintain a list of all CAI members wishing to be informed of amicus curiae brief requests and, upon receipt of a request for a brief, will notify such members of the request and provide relevant materials to those who request such materials. Any input provided by such individuals will be considered by the Amicus Curiae Advisory Group. Staff and the Amicus Curiae Advisory Group will strive to ensure the ample participation of CAI members with particular knowledge of or expertise on the issues under consideration.

CAI's Amicus Curiae Advisory Group will review the request to determine whether:

The request presents an issue that is important to community association law.
CAI involvement is appropriate.
Attorneys, particularly local attorneys, will be able to assist in drafting, editing, and filing the brief.

The Amicus Curiae Advisory Group shall vote by fax or e-mail ballot or via conference call on the request. Subject to the approval of the Board of Trustees or its designated committee, the Amicus Curiae Advisory Group has the discretion to determine CAI's position on the issue under consideration and the scope of any action, consistent with CAI's adopted public policies. By majority vote, the Amicus Curiae Advisory Group may recommend appropriate action on the request.

If the Amicus Curiae Advisory Group determines that no action should be taken, no recommendation will be made to the Board of Trustees or its designated committee, although the Board of Trustees will be informed of the request and the Amicus Curiae Advisory Group's decision. If the Amicus Curiae Advisory Group recommends some action, it will present its recommendation to the Board of Trustees, or its designated committee, which will vote to accept, accept with modifications, or reject the recommendation. If the Board of Trustees, or its designated committee, rejects the recommendation by majority vote, then no action will be taken by CAI or any of its chapters or committees.

An attorney drafting and filing any authorized amicus curiae brief for CAI must be a CAI member. Before the brief is to be filed, the party that is writing the draft brief must submit it to CAI's Government and Public Affairs Department for review and approval by the Amicus Curiae Advisory Group, with the preference that the draft brief be provided at least ten days before it is to be filed.
-----------------------

I don't know who is currently on the advisory group, but generally they are attorneys.


Joe


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KirkW1
(Texas)

Posts:1665


10/22/2008 6:27 PM  
I don't know that it is fair to say that because CAI supports the owner the situation must be bad. From what I have seen, CAI wants reasonable rules that are fair to both sides. And in spite of a lot of the hoopla about deed restrictions and HOAs, many people do in fact want an HOA to exist. And even more want deed restrictions with some level of enforcement.

The CAI filed a brief because the HOA should have paid up years ago. It would seem obvious to everyone except the BOD of the association that this is a dead issue. They even now accept that they should have paid up but now want to bicker about what the tab is going to be.

I can understand why the BOD wants to fight the amount. You can rest assured at least a few residents will be miffed about a $5000 liability turning into a $550,000 liability. In fact, if I were an member I would be in favor of the proverbial poker as I supported a suit charging the Board with breach of fiduciary duty.

You can bet that the association also has a huge cost in attorney fees as well. And thus one has to wonder how a reasonable person could decide that this was a good use of resources. One has to wonder why the judge didn't impose penalties on the HOA before.
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