CAI at Work For You operation of this housing form.


South Gulf Coast Chapter Representative William White CPM, CMCA, CAM


FAST FACT – Amicus Curiae


Did you know that in addition to legislative and regulatory advocacy, CAI’s government & public affairs efforts also extend to the legal arena? CAI files amicus curiae, or “friend of the court” briefs, for cases that address issues of significant importance in community association law. CAI’s amicus curiae efforts enable CAI to share expertise and educate a court about the legal issues in a particular case. Please contact Colleen Willard at cwillard@caionline.org with questions.


CAI AND STATE ADVOCACY


Community associations are subject to state laws that control how associations are established, governed and managed. This state-based regulatory system has proven successful because it is predicated on the principle of local control over land-use and real estate decisions.


CAI supports effective state regulation that ensures community association housing is developed, maintained, governed, and managed with sound public policy objectives and standards that protect homeowners, volunteer board members, management and the community association as a whole. State legislation should:


• Provide for full and fair protection of the consumer, including existing residents in conversion projects, through the disclosure of all material facts relating to the development, operation and ownership of such housing.


• Be comprehensive in its coverage of the material aspects of the development, governance, management, and


Second Quarter - 2016


• Provide adequate standards to promote the viability and sustainability of the community association.


• Provide for flexibility for communities to develop rules for the common good. State legislation should not be used as a solution for individual constituent complaints.


CAI believes that these objectives are best achieved by state governments and not by or through legislative or regulatory procedures at the federal level or at the local government level. The likely diversity of legislative policies adopted by local (city and county) governments would unnecessarily inhibit the process across local jurisdictional


lines, while enactments at the federal level would be too broad in scope to achieve these goals and fail to reflect and respond to the unique character and needs of local markets.


CAI recommends that when state governments amend their community association laws they consider the need for updated and comprehensive legislation to regulate the development of community association housing consistent with the listed goals. Moreover, in undertaking such review, state governments are urged to consider and give favorable treatment to one or more of the uniform acts, such as the Uniform Common Interest Ownership Act (UCIOA).


Rights & Responsibilities


Perhaps the greatest achievement for any association is creating and sustaining a sense of community among residents and leaders. This goal is best achieved when homeowners, non-owner residents and association leaders recognize and embrace their rights and responsibilities. It was with this goal in mind that CAI developed Rights and Responsibilities for Better Communities. These principles can serve as an important guidepost for board and committee members, community managers, homeowners and non-owner residents.


Homeowners have the right to:


1. A responsive and competent community association.


2. Honest, fair and respectful treatment by community leaders and managers.


3. Participate in governing the community association by attending meetings, serving on committees and standing for election.


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for Better Communities 4. Access appropriate association books and records.


5. Prudent expenditure of fees and other assessments.


6. Live in a community where the property is maintained according to established standards.


7. Fair treatment regarding financial and other association obligations, including the opportunity to discuss payment plans and options with the association before foreclosure is initiated.


8. Receive all documents that address rules and regulations governing the community association – if not prior to purchase and settlement by a real estate agent or attorney, then upon joining the community.


9. Appeal to appropriate community leaders those decisions affecting non- routine financial responsibilities or property rights.


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