Info Bytes 05.05.22

CIC Info Bytes are frequent, succinct updates that provide educational and engagement opportunities to help your community thrive!

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Discussion Page
    • NEW FEATURE: DISCUSSION!

      • Join the conversation (even anonymously!) to constructively engage about CIC-related topics.

      • DISCUSSION LAUNCH CONTEST: If 50 or more unique individuals contribute to the discussion by Wednesday, May 11, one contributor will win a complimentary CIC Annual Subscription package for themselves and their community! (TBA by May 14, '22)


Resource Updates


What Are Common Interest Communities (CICs)?!?
    • CIC What?!

      • We've been remiss to provide a colloquial introduction to all things common interest community. No longer! This past week has felt like a university tour researching academic journals to find great source material.

      • Our CIC Explainer page keeps things practical with a trove of enlightening material available for your consumption and enjoyment.

CIC Calendar
    • CIC Calendar

      • Maintaining an annual calendar is one of the easiest ways to provide continuity and plan for smooth sailing. Every CIC has idiosyncrasies, but governance and operational similarities abound. Plan for success by developing an annual operations and governance calendar.

      • We will continue developing this resource. Please submit your suggestions in discussion!

CIC Management Toolkit
  • CIC Management Toolkit

    • Have you established written criteria to evaluate selecting a new management company? What about evaluating your current management company? This toolkit will help!


Governance Matters


  • LIMITS OF AMENDMENT AUTHORITY

    • In Kalway v. Calabria Ranch HOA, the Supreme Court of Arizona ruled that the original declaration [must] give fair notice of any enacted amendment. EXAMPLE:

      • ¶41 Newly added § 7.2 is invalid. Under this new requirement, owners must maintain their properties such that dried undergrowth is less than one-foot high and all fallen deadwood longer than three feet is cut into six-inch-or-less pieces. As the court of appeals' partial concurrence and dissent noted, while this provision might be advisable to prevent wildfires, no language in the original declaration put property owners on notice that fallen branches on their property would later be regulated by the CC&Rs. Kalway, 2020 WL 1239831, at *10 ¶ 38 (Brearcliffe, J., concurring in part and dissenting in part). We strike § 7.2 in its entirety.

      • N.B. Blue-penciling by courts differs by state


  • FREE SPEECH IN ASSOCIATION LIVING

    • Following yet another case where freedom of expression plays the protagonist, our Free Speech page has been significantly updated to what I hope you agree is the most comprehensive coverage of the topic for CICs anywhere.

    • Lessons learned from Spiegel v. 1618 Sheridan Road COA:

      • waivers are forever

      • don't waive your rights to expression and free speech unless you fully understand the repercussions

      • courts readily enforce settlements


  • GET YOUR ACT TOGETHER

    • Lessons learned from Stack v. 4325-27 North Hazel COA:

      • Don't attempt to conduct business without a quorum

      • Courts can and will appoint receivers to manage the affairs of CICs that cannot get their arms around working effectively for the benefit of the organization


  • DUTY OF ... SAFETY?

    • Lessons learned from Villages of Cascade HOA v. Edwards:

      • Is your CIC obligated to provide for the safety of your members and residents?

      • "Exactly what constitutes `ordinary care' varies with the circumstances and the magnitude of the danger to be guarded against. . . . But, to be negligent, the conduct must be unreasonable in light of the recognizable risk of harm." This means that "[a]lthough a landowner has a duty to invitees to exercise ordinary care to keep its premises safe, the landowner is not an insurer of an invitee's safety." - prior GA case citations

CAI EXCHANGE

    • This section will remain blank until CAI restores my access to the Exchange. Learn more and take action.

    • Please take action to support value-added alternatives to CAI that prioritize the interests of CICs and their homeowners.

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