The CAI (not CIA)

So who is the CAI? It is the Community Associations Institute.. a very powerful but behind the scenes, quiet organization that we all pay for. If you live in an HOA controlled community there is a great chance that part of your HOA tax (dues) goes to this organization. The published purpose of the CAI is to teach HOAs how to function and to teach the HOA board members how to conduct HOA business.
The real purpose of the CAI (besides collect a lot of money to pay its directors) is to lobby local, state and federal governments for or against legislation that might effect HOA power over property owners (which really means spread around our HOA tax money to those politicians that will help the HOA agenda the most). Another purpose is to teach the HOA officers how to maintain control of the property owners. It's really not much different than a dictator training camp. Read about it for yourself at www.CAIonline.org
According to CAI statistics, the number of private governments, or what they call community organizations, has increased from 500 in 1965 to over 205,000 today. There are 42 million Americans living in community association controlled developments. 50% of all new development in metropolitan areas is controlled by community associations. There are 6000 to 8000 new associations created each year... I'll repeat that one... 6000 to 8000 new private governments every year.
So, what does this all mean? Private governments with no system of checks and balances, small bands of renegade dictators control more and more American lives. They make the law, enforce the law, interpret the law and decide the punishment. They answer to no one.
If you have been house hunting any time in the recent past and were looking for a home less than 10 years old, the chances of finding one not controlled by a private government is slim, particularly in southern Middle Tennessee. To live anywhere near the area you wish, you don't have much of a choice whether or not to choose one of these dictatorial neighborhoods and you certainly don't have a choice whether or not to comply with their law. Most often you don't know what your getting in to until it's too late. The guy selling you the house certainly isn't going to tell you that he was fined 5 times in the last year for leaving his trash can out 2 hours too long or had to tear down his new deck because he didn't to ask permission to build it.
More and more of us are giving up our constitutional rights every day. Sure... maybe your HOA is run by reasonable people but you have no way of knowing who will be in power next year or the year after. If it is that guy on the next block that has a Hitler complex (you know the person I mean)... your life could be turned into a living hell and then there is nothing you can do about it.

Checks and Balances?

One of the most important differences between a representative form of government and a dictatorship is a system of checks and balances. In the United States, there are three branches of government... executive, legislative and judicial. I think we all know what each does but the idea is that each one keeps the others from total power.
In the case of the HOA private government, there is no such system. The same small group of people make the law, interpret the law, enforce the law and decide the punishment.
If, for example, you get on the bad side of one of the board members he might decide that the angel staue in your front garden is outside the HOA law. He decides that you must remove the statue, pay a fine, sue you, place a lein against your property or all of the above. You appeal his decision and guess who you are appealling to... him or his buddies that decided to go after you in the first place.
In these cases, the only way to fight the issue is to take them to court. There again, the HOA has you under their thumb. The directors and officers of the HOA cannot be sued. Read your CC&Rs. They are safe from any personal liability. Also, should you end up in court against the HOA and lose the case, you are responsible for not only your legal fees and attorney fees but their's as well. Quite a gamble for most people that work hard to meet their financial obligations. You could easily be out $20 or $30 thousand very quickly and is that angel statue really worth it? Most people would decide, what the hell... just remove it... and the power of the HOA dictators goes on.... and on.
Besides, they are fighting you with an unlimited supply of money... your money by the way. Should the litigation go on into appeals and big lawyer fees accumulate, the board simply asesses the all the homeowners for more money and you are being battled in court with your own money.
There are reasons, important reasons, that our federal, state and local governments have a system of checks and balances. It prevents total power and control and as we all know... total power corrupts totally.

Private Government - be very afraid

In the coming days, weeks and months... I intend to publish true horror stories about living under a private government more commonly known as a Homeowners Association. These governments are an increasingly dangerous infringement of the rights of every citizen living inside the walls controlled by an HOA.
Why do I describe them as a private government? They make the law, known as covenants, conditons and restrictions or CC&R's. Just by living within its boundries you are subject to their law. They tax which is known as fees, dues or assessments. They provide services such as mowing common areas, maintaining fences etc. This is the definition of a government.
The danger is there is no system of checks and balances. There is no appeal to a decision of a fine or dissaproval of your home improvements. If there is an appeal process, you will find yourself in front of the same people that turned you down or fined you in the first place. The most scary thing here is that they do not even have to comply with federal, state or local laws. Your constitutional rights even come into question.
With the massive growth of these HOA controlled developments, it is extremely difficult in some parts of the country, particularly here in Williamson County Tennessee, to find a home not controlled by an HOA.
Harrasement, threats and non-judicial foreclosure are common in HOA hell. You think you own your home? Maybe you pay for it and maybe you live there but there is someone watching you that can change your way of life if they so choose.