by Donie Vanitzian, JD

(c) 2007 D.Vanitzian

          Note to the do-gooders whose glasses are corrupted by the half-full half-empty circular-argument nonsense and who want only to hear the good-of-it-all and nothing too depressing, oh, and want only smiley ha-ha journalism: Go grab your teddy bears and pacifiers so you can continue sucking your thumbs, but don’t read this article, its not for you.

          Forget for a moment, all that we "gave it the good old college try B.S." and UNDERSTAND THIS: We titleholders took a beating on paper, a blood bath in the court arguments, and a decapitation at the outcome of the Twin Rivers case in New Jersey. Simply put: We ate it.

          For anyone who has not yet read the New Jersey Supreme Court Opinion on Twin Rivers (I interviewed the Plaintiffs for Villa Appalling!) email me and I'll send you the case, therefore, the case will not be rehashed in this writing.  Know this: The owners LOST.  They lost for all of us.

          If you are against us, you cannot be for us. The court document states, and I quote, "the Community Association Institute [CAI] supports the Association’s position." Let that stand for the unequivocal premise that such a biased trade group membership, does not, repeat, does not, repeat again, DOES NOT support home-owners. Why would someone say that? Well, if you ever doubted that these bad things were happening against homeowners, try taking a look at a sampling, say, 47 cases where Community Association Institute (CAI) took pains to FILE BRIEFS and PETITIONS and OPPOSITION and ARGUMENTS AGAINST homeowners in front of the Federal Communications Commission. And, its been happening longer than you might imagine. Take a look at Footnote Number 5 at the end of this article, look where the fight begins and in what category. [FN5]

          That’s right kiddies, while we thought we were fighting the BIG ASSET wars, Community Association Institute have been BIG busy beavers tearing down, not building up, communications for homeowners. They have filed replies, oppositions, amicus briefs, applications for review of any decision favoring owners, appeals, and so much more.

BACK TO THE TWIN RIVERS TRIPLE PROBLEMS

          Keeping all that fresh in your mind while you read this, "The Supreme Court held that:

(1) The nature, purposes, and primary use of property were for private purposes, as factor weighing against finding violation of New Jersey constitutional guarantees of free expression and assembly;

(2) The extent and nature of public's invitation to use the property did not weigh in favor of finding a constitutional violation;

(3) The expressional activities were not unreasonably restricted; and

(4) That any restrictions on exercise of New Jersey constitutional guarantees of free expression and assembly, in common interest communities, must be reasonable as to time, place, and manner.

The New Jersey Appellate Division reversed; trial court judgment reinstated." [FN1]

          Following the above quoted remarks, and right out the racing gate and onto the track, the court then writes:

"In this appeal, we determine whether the rules and regulations enacted by a homeowners' association governing the posting of signs, the use of the community room, and access to its newsletter violated our state constitutional guarantees of free expression. The trial court held that the association's rules and regulations were not subject to the right of free speech embodied in our State Constitution. On appeal, the Appellate Division reversed. We granted certification and now reverse the judgment of the Appellate Division."

          It is this author’s opinion, there is not only much wrong with the decision but the arguments went wrong as well. To begin, it respectfully appears, that the Justices do not live in common interest developments, nor have they ever. Said tongue-in-cheek: I cannot wait for that day to happen.

PROBLEM I:

          All but hidden in this Supreme Court opinion is a gem of a minefield: "The Bylaws may be amended by a majority of a QUORUM OF MEMBERS PRESENT in person or by proxy at a regular or special meeting of the members." [FN3]

          Apparently, the Twin Rivers Association has no "supermajority" voting rights when it comes to bylaws amendments. How dangerous is that?! Furthermore, that quote needs no explanation, it is crystal clear what’s going on here, well, strike that. All HOMEOWNERS understand that sentence.

          That discussion in the Supreme Court’s papers was all but glossed over by the court, and after listening to the audio of the arguments it appeared (by my standard) to have been glossed over there too. The courts these days do not understand the importance and urgency of assisting owners to protect themselves and their assets within common interest developments.

PROBLEM II.

          Lets now fast forward to this incredibly unwise and profoundly scary-as-hell statement in the Supreme Court’s published decision, read this:

"[P]laintiffs have other means of expression beyond the Association's newspaper. Plaintiffs can walk through the neighborhood, ring the doorbells of their neighbors, and advance their views. As found by the trial court, plaintiffs can distribute their own newsletter to residents, and have done so. As members of the Association, plaintiffs can vote, run for office, and participate through the elective process in the decision-making of the Association. Thus, plaintiffs may seek to garner a majority to change the rules and regulations to reduce or eliminate the restrictions they now challenge." [FN4]

          The preposterousness of that paragraph is embarrassing and points to why people have little to no faith in our justice system. Oops, did someone say "j-u-s-t-i-c-e"? I won’t dignify responding at any measurable length to that stupid paragraph in this article, but be certain that a detailed analysis on said related topics are in, Vanitzian, Common Interest Developments--Homeowners Guide, (Thomson-West, 2006-2008).

          Year after year, titleholders have been strapped with recalcitrant boards so much so, that they don’t even want to talk about it anymore. It might take years to get rid of a bad board, and even when homeowners pool their resources and hire a lawyer, the lawyer can screw it up for them by giving bad or wrong advice, OR, without a lawyer, the owners do what they think is right, but it is wrong, and the list is endless of how difficult this feat actually is! Let it suffice to say that sabotage abounds. Even though the Davis-Stirling Act appears on paper to make it look as if titleholders have "options" nothing could be further from the truth. We have little to no options.

          In my special "Senior Life Five-Part Series" I discussed how blatantly brazen if not obnoxious, boards have become, to the point where mangers have told seniors if they (management) wait long enough the senior will die and it won’t be a problem any more. The threats flowing from boards to owners is no longer urban legend, it is in fact, a given. Add to that the unmitigated retaliation at the hands of those in POWER. Yes, they are the gulag keepers, the keepers of the keys, that is, the keys to the assets. [FN6]

          Under the Davis-Stirling Act, it is virtually impossible to "take the board on." Homeowners associations are heavily insured and indemnification insurance (ie, a license to lie) provides LAWYERS for the DEFENSE of these ERRANT board directors. Where’s the risk in that? All this nonsense hyperventilating about "we’re just v-o-l-u-n-t-e-e-r-s, we don’t know squaawwwwt" is just a load of bullocks.

          In reality, after all, these are developments of socially dysfunctional property owners who OWN nothing. It is a sociological disaster consisting of manmade in-groups and out-groups the stakes of which could cost any titleholder their life savings. [FN7] ANYONE thought to be bucking the system or going against the board, pays the dearest price of all. But that apparently was lost on this Supreme Court.

PROBLEM III.

          Aside from the Court’s almost annoying albeit condescending statements toward the Homeowners, such as comments like this:  "What’s so unreasonable about the rules. . . . Tell us what’s so unreasonable about that ..."

          Then, the court starts up with the analogies to American Unions (PUH-LEEZE! -- What is it about a VOLUNTARY union that these Justices DON'T GET?] so anyway, the Plaintiffs state, "all we’re talking about here is a right of response."

          No, that’s not all we’re talking about, but unfortunately in front of a panel of Supreme Court Justices all of a sudden the plight of these Titleholder-Plaintiffs somehow becomes marginalized. Then, I shudder when I hear the court basically ask what happened when the Titleholder-Plaintiffs blah, blah, blah? The Titleholder-Plaintiffs answer? "They never tried..." and then this, "our clients generally didn’t bother they never tried to exercise . . ." It was downhill with no brakes from then on.

          The Supremes appeared nice enough, but also, sarcastic, almost as if "you mean to tell me your clients, never mind that they OWN property, are here merely because they want the right to reply to a stupid board?  You mean you want the Supremes to intervene in something like that?"

          The Plaintiffs: your honors, "we’re just asking for a right of reply, we’re not asking the court to intervene."

          But the Supremes simply did NOT get it, therefore, basically the Justices say:

[Me in my dreams answer the Supremes: Hell Yes We Want the Supremes to Intervene, Like Right Bloody Now!]

"You are asking us, you are asking us, to judge the content of this newspaper think that one through Professor Askin before you say it, you are asking us under those guidelines to measure the content of the newsletter and decide that it is appropriately politically correct enough that it could go out without a reply from anybody. That strikes me to be at the opposite end of the robust exchange that rights of free expression are designed to encourage. So I find it ironic that you are advancing that point."

          It almost didn’t matter what the Titleholder-Plaintiffs thought, wanted, or were fighting for, the typical response from people on the other end of similar arguments, the SAME type of arguments people write to our column at the Los Angeles Times, "Associations" Real Estate Section on Sundays, is this: "So respond, respond! That’s what this messy business of democracy is all about. Respond! If they call you names, respond! You don’t cure it by saying you’re not allowed to say that. You cure it by responding and educating the public . .."

          Pure B.S. (Sorry Supreme Court, but lets call it what it is). Professor Askin tries rallies back with, "But this is an unlevel playing field your honor they’re calling me names with my money..."

          But by then, it didn’t matter. For instance, paraphrasing Professor Askin, the free standing homes outside of an association are just not available. This is not by accident, this is a consequence of state policy which has required developers to create these associations.

SUPREMES: Professor Askin, can you tell me where in the record there is any factual support for what you just argued.

PROF. ASKIN: It’s the Lister affidavit its almost 100 pages long.

SUPREMES: you can submit after the argument.

It was painful from then on. 

IN MY OPINION, THIS IS WHERE IT ALL WENT WRONG HERE:

SUPREMES: "I just want to make sure that you and I are talking about the same thing, you have just argued that the reason this is necessary the reason the constitutional rights must expand to cover these circumstances is because people have no other place to go and I want to know where in the record that factual representation lies. Now you’ve told me that that lies in the lister affadavit I’ll look for it there."

~0~

FOOTNOTES:

[FN1] Copyright Thomson-West 2007

[FN2] Author note: This article is "opinion" by author.

[FN3] Committee for a Better Twin Rivers et al., v. Twin Rivers Homeowners Association, N.J., --- A.2d ---- *2 (2007).

[FN4] Committee for a Better Twin Rivers et al., v. Twin Rivers Homeowners Association, N.J., --- A.2d ---- *13 (2007).

[FN5]

1. In the Matter of Telecommunications Services Inside Wiring Customer Premises Equipment Implementation of the Cable Television Consumer Protection and Competition Act of 1992: Cable Home Wiring Clarification of the Commissions Rules and Policies Regarding Unbundled Access to Incumbent Local Exchange Carriers Inside Wire Subloop, 2007 WL 1670907, 41 Communications Reg. (P&F) 828, F.C.C., Jun 08, 2007, (NO. CS95-184, MM92-260, WC01-338, FCC07-111)

***NCTA Real Access Alliance and the Community Association Institute RAA & CAI RCN Telecom Services, Inc. ...

***NCTA Real Access Alliance and the Community Association Institute RAA &CAI RCN Telecom Services, Inc. ...

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2. In the Matter of Philip Wojcikiewicz, 2007 WL 1526395, 41 Communications Reg. (P&F) 640, F.C.C., May 25, 2007, (NO. CSR-6030-0, FCC07-98)

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3. In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 Junk Fax Prevention Act of 2005, 2006 WL 901720, 21 F.C.C.R. 3787, 21 FCC Rcd. 3787, 38 Communications Reg. (P&F) 167, F.C.C., Apr 06, 2006, (NO. CG02-278, CG05-338, FCC06-42)

**Contractors of America, Community Associations Institute(CAI) , ...

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4. In the Matter of Shadow Wood Condominium Association, 2006 WL 162823, 21 F.C.C.R. 339, 21 FCC Rcd. 339, 37 Communications Reg. (P&F) 915, F.C.C., Jan 23, 2006, (NO. CSR-6890-O, DA06-100)

***Over-the-Air Reception Devices ("OTARD") Rule, to the extent that the Association's proposed placement restriction violates the Rule. The Community Associations Institute ("CAI") filed a response supporting the Petition. No party filed a response opposing the Petition and the Association did not ...

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5. In re Pinter, 2004 WL 1944853, 19 F.C.C.R. 17,385, 19 FCC Rcd. 17,385, F.C.C., Sep 01, 2004, (NO. CSR6245-O, DA04-2839)

***Over-the-Air Reception Devices Rule, 47 C.F.R. § 1.4000. The Association filed a response to the Petition and the Community Associations Institute, (CAI) the National Multi Housing Council, and the National Apartment Association filed a joint response. The Petitioners filed a reply ...

--------------------------------------------------------------------------------

6. In re Special Relief and Show Cause Petitions, 2003 WL 22517822, F.C.C., Nov 07, 2003, (NO. 0091, 39406)

***Community Associations Institute (CAI)

--------------------------------------------------------------------------------

7. In re Wojckewiz, 2003 WL 22227634, 18 F.C.C.R. 19,523, 18 FCC Rcd. 19,523, F.C.C., Sep 29, 2003, (NO. DA 03-2971, CSR-6030-0)

***are prohibited by Section 1.4000 of the Commission's rules, the Over-the-Air Reception Devices rule. The Community Associations Institute (CAI) filed a response opposing the Petition and the Woodmere Townhome Association of Darien, Illinois filed a response

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8. Petitions for Reconsideration and Clarification of Action in Rulemaking Procedures, 2003 WL 22070354, F.C.C., Sep 08, 2003, (NO. 2627)

***Associated General Contractors of America -AND- the Community Associations Institute(CAI) filed ...

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9. In re Victor Frankfurt, 2003 WL 22015426, 18 F.C.C.R. 18,431, 18 FCC Rcd. 18,431, F.C.C., Aug 27, 2003, (NO. FCC 03-210, CSR-5238-O)

***FCC 03-210 Adopted: August 20, 2003 Released: August 27, 2003 By the Commission: I. INTRODUCTION 1. The Community Associations Institute (CAI) filed an Application for Review of the Cable Services Bureau's Memorandum Opinion and Order in the above captioned case. ...

***Commission precedent and regulation. V. ORDERING CLAUSE 16. Accordingly, IT IS ORDERED, that the Applications for Review filed by the Community Associations Institute (CAI) and New Century Town Townhouse Association No. 2 ARE DENIED. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch

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10. In re Rules and Regulations Implementing Telephone Consumer Protection Act of 1991, 2003 WL 21961003, 18 F.C.C.R. 16,972, 18 FCC Rcd. 16,972, 29 Communications Reg. (P&F) 1275, F.C.C., Aug 18, 2003, (NO. FCC 03-208, CG 02-278)

***for Stay of Facsimile Advertisement Rules, filed August 8, 2003. FN14. The Chamber of Commerce of the United States, the Community Association Institute (CAI), the National Association of Manufacturers, the National Association of Wholesaler-Distributors, the National Restaurant Association, and the National Federation of Independent

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11. In re Telecommunications Services Inside Wiring, 2003 WL 183999, 18 F.C.C.R. 1342, 18 FCC Rcd. 1342, F.C.C., Jan 29, 2003, (NO. FCC 03-9, CS 95-184, MM 92-260)

***support exclusive contracts for video programming services as enabling alternative MVPDs to gain a foothold in the MDU market. Specifically, Community Associations Institute (CAI), WCA, ICTA, Real Access Alliance, BOMA, Intelicable Group, Inc. (Intelicable), and OpTel assert that exclusive contracts enable alternative ...

***Building Owners and Managers Association, International (BOMA) Cable Telecommunications Association CableVision Communications, Inc.; Comcast Cable & Tele-Media Corporation of Delaware Community Associations Institute (CAI) Cox Communications DIRECTV GTE Service Corporation Independent Cable and Telecommunications Association (ICTA, now known as the Independent Multi-Family Communications ...

***Astrovision Technologies Broadband Service Providers Association Building Owners and Managers Association International (BOMA) Carolina Broadband Charter Communications Choice Media Group Community Associations Institute (CAI) Direct Digital Communications Fore Property Company Grande Communications Independent Cable & Telecommunications Association (ICTA) Independent Multi-Family Communications Alliance (IMCC) Institute ...

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12. In re Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, 2002 WL 31890210, 17 F.C.C.R. 26,901, 17 FCC Rcd. 26,901, F.C.C., Dec 31, 2002, (NO. FCC 02-338, MB 02-145)

***only a particular MVPD, and no other, may provide video programming and related services to residents of an MDU. FN268. Community Associations Institute(CAI) Comments in CS Docket No. 95-184, at 2; Wireless Cable Association Comments in CS Docket No. 95-184, at 1-8; Real ...

***at 20. FN407. NCTA Reply Comments at 15; See also KCCP Reply Comments at 2. FN408. See Comments of the Community Associations Institute (CAI) (December 23, 1997) and the Building and Managers Association International (December 23, 1997) filed in Telecommunications Services, Inside Wiring, Customer

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13. In the Matter of Victor Frankfurt, 2001 WL 1651386, 16 F.C.C.R. 2875, 16 FCC Rcd. 2875, F.C.C., Feb 07, 2001, (NO. DA 01-153)

***Rule, Petitioner filed his Petition with the Commission and served a copy on New Century. 5. New Century and the Community Associations Institute ("CAI") filed responses opposing the Petition, and the Satellite Broadcasting and Communications Association ("SBCA") filed a response supporting the Petition.

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14. In re Promotion of Competitive Networks, 2000 WL 1593327, 15 F.C.C.R. 22,983, 16 F.C.C.R. 7064, 15 FCC Rcd. 22,983, 16 FCC Rcd. 7064, F.C.C., Oct 25, 2000, (NO. WT 99-217, CC 96-98, CC 88-57, FCC 00-366, DA 01-750)

***07/26/99 Community Associations Institute (CAI) et al. ...

***09/27/99 Community Associations Institute (CAI) et al. ...

***Comments in response to the Competitive Networks NPRM IRFA were filed by the Community Associations Institute, et al. (CAI), the National Association of Counties, et al. (NACO), the Real Access Alliance (RAA), and ...

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15. In the Matter Of: Petitions for Reconsideration of the Second Report and Order Implementation of Section 207 of the Telecommunications Act of 1996, 1999 WL 1065186, 14 F.C.C.R. 19,924, 14 FCC Rcd. 19,924, 18 Communications Reg. (P&F) 1201, F.C.C., Nov 24, 1999, (NO. CS 96-83, FCC 99-360)

***Devices ["OTARD"]: Television Broadcast, Direct Broadcast Satellite and Multichannel Multipoint Distribution Services ("Second Report and Order") filed by the Community Associations Institute ("CAI") (the "CAI Petition"); the Personal Communications Industry Association (PCIA), Teligent, Inc., Association for Local Telecommunications Services, WinStar Communications, Inc. ...

***by the Commission in the above-captioned matter. 8. Accordingly, IT IS ORDERED, that the petitions for reconsideration filed by the Community Associations Institute (CAI) ; by the Personal Communications Industry Association, Teligent, Inc., the Association for Local Telecommunications Services, Winstar Communications, Inc., and Nextlink

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16. FCC FILINGS, 1999 WL 777473, F.C.C., Oct 01, 1999

***No. 96-98). Reply Comments - GTE Service Corporation, RCN Corporation, Ameritech, Shared Communications Services, Inc., BlueStar Communications, Inc., Bell Atlantic, Community Associations Institute (CAI), Qwest Communications Corporation, The Personal Communications Industry Association, The United States Telephone Association, CAIS, Inc., Concerned Communities and Organizations, WinStar

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17. FCC FILINGS, 1999 WL 688444, F.C.C., Sep 03, 1999

***Adelphia Business Solutions, General Communication, Inc., Level 3 Communications, LLC, Equity Office, RCN Corporation, The Association for Local Telecommunications Services, Community Associations Institute,(CAI) Apex Site Management, Inc., Nottingham Apartments, Avista Corporation, The Fixed Wireless Communications Coalition, BellSouth Corporation, CAIS, Inc., Metromedia Fiber Network,

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18. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1,4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Cellular Telecommunications Industry Association Petition for Rule Making and Amendment of the Commission's Rules To, 1999 WL 459319, F.C.C., Jul 07, 1999, (NO. WT 99-217, CC 96-98, FCC 99-141)

***and is not dominant in its field." This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute (CAI) estimates that there were 150,000 such associations in 1993. f. Municipalities 29. Our inquiry in this Notice of Proposed

***Community Associations Institute (CAI) Comments in Implementation of Section 207 of the Telecommunications Act of 1996, CS Docket No. 96-83, Report and Order, Memorandum

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19. In the Matter of Promotion of Competitive Networks in Local Telecommunications Markets Wireless Communications Association International, Inc. Petition for Rulemaking to Amend Section 1.4000 of the Commission's Rules to Preempt Restrictions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services Cellular Telecommunications Industry Association Petition for Rule Making and Amendment of the Commission's Rules To, 1999 WL 1289529, 14 F.C.C.R. 12,673, 14 FCC Rcd. 12,673, F.C.C., Jul 07, 1999, (NO. WT 99-217, CC 96-98, FCC 99-141)

***and is not dominant in its field." This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute (CAI) estimates that there were 150,000 such associations in 1993. f. Municipalities 29. Our inquiry in this Notice of Proposed

***Community Associations Institute (CAI) Comments in Implementation of Section 207 of the Telecommunications Act of 1996, CS Docket No. 96-83, Report and Order, Memorandum ...

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20. In the Matter of Otto and Ida M. Trabue, 1999 WL 311410, 14 F.C.C.R. 8602, 14 FCC Rcd. 8602, F.C.C., May 19, 1999, (NO. DA 99-942)

*** Pacific Bell Video Services (Pacific Bell), and David W. Bullington (Bullington) filed comments in support of the petition. The Community Associations Institute (CAI) filed in support of the Association. BellSouth contends that the Commission should hold the Petition in abeyance until the

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21. FCC FILINGS, 1999 WL 133230, F.C.C., Mar 12, 1999

***Petitions for Reconsideration - The Building Owners and Managers Association International, the National Apartment Association, and National Multi-Housing Council, The Community Association Institute (CAI) .

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22. FCC FILINGS, 1999 WL 111467, F.C.C., Mar 05, 1999

*** Over-the-Air Reception Devices: Television Broadcast, Multichannel Multipoint Distribution and Direct Broadcast Satellite Services (CS Docket No. 96-83). Motion to Dismiss Community Associations Institute's (CAI’S) Petition for Reconsideration - The Consumer Electronics Manufacturers Association.

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23. FCC FILINGS, 1999 WL 76923, F.C.C., Feb 19, 1999

*** Restrictions on Over-the-Air Reception Devices: Television Broadcast and Multichannel Multipoint Distribution Services (CS Docket No. 96-83). Reply to Opposition - Community Associations Institute (CAI) . In the Matter of Idaho Public Utilities Commission Petition for Declaratory Ruling concerning Section 251(h)(2) of the Communications Act (CC ...

***Over-the-Air Reception Devices: Television Broadcast and Multichannel Multipoint Distribution Services (CS Docket No. 96-83). Support for Petition for Reconsideration - Community Associations Institute (CAI) . In the Matter of The Global Venture of AT&T Corp. and British Telecommunications plc (IB Docket No. 98-212). Reply Comments ...

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24. Petitions for Reconsideration and Clarification of Action in Rulemaking Proceedings, 1999 WL 10027, 14 F.C.C.R. 10,816, 14 FCC Rcd. 10,816, F.C.C., Jan 12, 1999, (NO. REPORT 2311)

***Filed By: -Rodney D. Clark and Lara E. Howley, Esq. for Community Association Institute (CAI) on 12-18-98 ...

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25. In the Matter of Implementation of Section 207 of the Telecommunications Act of 1996, 1998 WL 801763, 13 F.C.C.R. 23,874, 13 FCC Rcd. 23,874, 14 Communications Reg. (P&F) 192, F.C.C., Nov 20, 1998, (NO. CS 96-83, FCC 98-273)

***is not dominant in its field." This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute(CAI) estimates that there were 150,000 associations in 1993. Given the nature of a neighborhood association, we assume for the ...

***and Office Building Association of Metropolitan Washington ("AOBA") CellularVision USA, Inc. ("CellularVision") Chadwick, Washington, Olters, Moriarty & Lynn, P.C. ("Chadwick") Community Associations Institute (CAI) , with American Resort Development & National Association of Housing Cooperatives ("CAI") Consumer Electronics Manufacturers Association ("CEMA") Consumer Federation of America, ...

***Community Associations Institute (CAI) , American Resort Development Association and National Association of Housing Cooperatives ("CAI") Consumer Electronics Manufacturers Association ("CEMA") Consumer Federation of America, ...

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26. In the Matter of Implementation of Section 207 of the Telecommunications Act of 1996, 1998 WL 655066, 13 F.C.C.R. 18,962, 13 FCC Rcd. 18,962, 13 Communications Reg. (P&F) 732, F.C.C., Sep 25, 1998, (NO. CS 96-83, FCC 98-214)

***is not dominant in its field." This definition includes homeowner and condominium associations that operate as not-to-profit organizations. The Community Associations Institute estimates that there were 150,000 associations in 1993. Given the nature of a neighborhood association, we assume for the ...

***Reply Comments at 3 (under the current definition a non-safety issue could be disguised as a safety objective). But see Community Associations Institute ("CAI") Reply Comments at 5 (asserting that many community association rules are adopted precisely to protect the safety, health, and ...

***Holdings, Inc., Pacific Telesis Group, Bell Atlantic Corporation, CS Wireless Systems, Inc., NYNEX Corporation, People's Choice TV Corporation Reply Comments Community Associations Institute (CAI) Instructional Television Fixed Service ("ITFS") Parties (jointly) National Association of Broadcasters National Rural Telecommunications Cooperative ...

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27. FCC FILINGS,1998 WL 94705, F.C.C., Mar 06, 1998

***the Cable Television Consumer Protection and Competition Act of 1992 Cable Home Wiring (MM Docket No. 92-260). Reply Comments - Community Associations Institute, (CAI) Adelphia Communications Corporation, Pennsylvania Cable TV Association and Suburban Cable TV Company, Inc., Directv, Inc., Media Access Project and Consumer ...

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28. FCC FILINGS, 1998 WL 1004, F.C.C., Jan 02, 1998

***Services Inside Wiring; Customer Premises Equipment (CS Docket 95-184). Comments - Bell Atlantic, Cox Communications, Inc., Swindler & Berlin, Ameritech, Community Associations Institute (CAI) , Media Access Project and Consumer Federation of America, U S West, Inc., Joint Comments on Building Owners and Managers Association ...

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29. In re Wireless Broadcasting Systems of Sacremento, Inc., 1997 WL 735769, 12 F.C.C.R. 19,746, 12 FCC Rcd. 19,746, F.C.C., Nov 28, 1997, (NO. DA 97-2506)

***the burden of defending the restrictions at issue, failed to justify its restrictions. V. Comments 8. BellSouth Corporation ("BellSouth"), Community Associations Institute ("CAI"), Consumer Electronics Manufacturers Association ("CEMA"), Pacific Bell Video Services ("Pacific Bell"), and Satellite Broadcasting and Communications Association ("SBCA") filed ...

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30. In the Matter of Telecommunications Services Inside Wiring in the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992:, 1997 WL 644031, 13 F.C.C.R. 3659, 13 FCC Rcd. 3659, 10 Communications Reg. (P&F) 193, F.C.C., Oct 17, 1997, (NO. CS 95-184, MM 92-260, FCC 97-376)

***provider be required to include its asking price at the time of its written election for a safe. 26. Community Associations Institute,(CAI) on the other hand, suggests that a longer notice period might be appropriate for deciding the sale of wiring and ...

***suggests that a longer notice period might be appropriate for deciding the sale of wiring and negotiating a price. Community Associations Institute (CAI) suggests that community association boards be allowed to make an initial election regarding the desire to purchase wiring on day ...

***of (1) 30 days following the end of the negotiation period, or (2) the date of actual service termination. Community Associations Institute (CAI) also believes that, under the unit-by-unit procedure for the disposition of home run wiring, MDU owners should be allowed to ...

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31. In re Jay Lubliner and Deborah Galvin, Potomac, Maryland, 1997 WL 631405, 13 F.C.C.R. 4834, 13 FCC Rcd. 4834, 10 Communications Reg. (P&F) 310, F.C.C., Oct 14, 1997, (NO. DA 97-2188)

***be able to deliver acceptable signal quality." 12. Two parties filed comments in support of Potomac Ridge's position. Community Associations Institute ("CAI") contends that no delay is involved in installing an internally mounted television broadcast reception antenna because Potomac Ridge does ...

***in installing an internally mounted television broadcast reception antenna because Potomac Ridge does not involve itself in that process. Community Associations Institute (CAI) also asserts that cost is not an issue because internally mounted television broadcast reception antennas do not need to be ...

***to install antennas indoors prevents reception of "one or more signals at five of the six tested sites." 16. Community Associations Institute (CAI) and H.A. Lapa, Jr. ("Lapa") filed reply comments in support of Potomac Ridge's Response. Community Associations Institute (CAI) asserts that ...

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32. FCC Filings, 1997 WL 622656, F.C.C., Oct 10, 1997

***Intercable; Marcus Cable, Century Communications Corp, Charter Communications, Inc., New Jersey Cable, OPTEL, Bell Atlantic, National Cable Television Association, Inc., Community Associations Institute (CAI) , Time Warner Cable, Philips Electronics North America Corporation and Thomson Consumer Electronics, Inc., Competitive Service Providers, The Wireless Cable Association ...

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33. In the Matter of Telecommunications Services Inside Wiring in the Matter of Implementation of the Cable Television Consumer Protection and Competition Act of 1992:, 1997 WL 527918, 12 F.C.C.R. 13,592, 12 FCC Rcd. 13,592, 10 Communications Reg. (P&F) 2075, F.C.C., Aug 28, 1997, (NO. CS 95-184, MM 92-260, FCC 97-304)

***should be outside the building or outside of the premises of each resident." See, e.g., 1st Lake Comments at 1; Community Associations Institute (CAI) Comments at 1; Real Estate Board of New York, Inc. Comments at 2. FN33. DIRECTV Comments at 7-8; Liberty Petition ...

***Community Associations Institute, (CAI) "[i]n a cooperative association, the association owns the common areas. In a condominium, the unit owners own common areas as ...

***own common areas as tenants-in-common, but the association manages these areas." See Ex Parte Letter from Robert M. Diamond, President, Community Associations Institute, (CAI) to Rick C. Chessen, Assistant Chief, Policy and Rules Division, Cable Services Bureau, Federal Communications Commission (October 31, 1996) at ...

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34. FCC FILINGS, 1996 WL 633286, F.C.C., Nov 01, 1996

***Telecommunications Council, and Office of Communication of the United Church of Christ, Primestar Partners, L.P., Independent Cable & Telecommunications Association, Community Associations Institute, (CAI) The National Rural Telecommunications Cooperative, The National Association of Home Builders, Oak Hills Country Club, OPTEL, Inc., Philips Electronics North ...

***Over-the-Air Reception Devices: Television Broadcast Service and Multichannel Multipoint Distribution Service (CS Docket No. 96-83). Reply Comments - DIRECTV, Inc., Community Associations Institute, (CAI) American Resort Devlopment Association, The National Association of Housing Cooperatives, The Promenade. In the Matter of Virgin Islands Telephone Company, ...

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35. FCC Filings, 1996 WL 566621, F.C.C., Oct 04, 1996

***of America, OPTEL, Inc., DIRECTV, Inc., Independent Cable & Telecommunications Association, The National Association of Home Builders, Post Properties, Inc., Community Association Institute, (CAI) National Association of Realtors, Various Apartment Complexes, The Eperson Buildings, CB Commercial, Diamond Spring Gardens, Stonemark Management, VRS Realty Services, ...

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36. In the Matter of Preemption of Local Zoning Regulation of Satellite Earth Stations In the Matter of Implementation of Section 207 of the Telecommunications Act of 1996, 1996 WL 444759, 11 F.C.C.R. 19,276, 11 FCC Rcd. 19,276, 3 Communications Reg. (P&F) 1308, F.C.C., Aug 06, 1996, (NO. IB 95-59, CS 96-83, FCC 96-328)

***is not dominant in its field." This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute (CAI) estimates that there were 150,000 associations in 1993. Given the nature of a neighborhood association, we assume for the ...

***Ralph and Gwen (Christianson) Cities of Texas, Tennessee, National Association of Counties and the United States Conference of Mayors (Mayors) Community Associations Institute, (CAI) American Resort Development Association and National Association of Housing Cooperatives (Community) Community Management Corporation (CMC) ...

***Community Associations Institute (CAI) Consumer Electronic Manufacturers Association (CEMA) DIRECTV, Inc. (DIRECTV) Evermay Community Association (Evermay) Independent Cable & Telecommunications Association (ICTA)

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37. FCC FILINGS, 1996 WL 191775, F.C.C., Apr 19, 1996

***Group, Virginia Run, HNGORIN, New America Asset Management Services, Thompson Place Apartments, Pecan Valley Apartments, Vista del Lago Apartments, KITO-AM, Community Associations Institute, (CAI) Summerhouse Condominium, Wentworth Place, A Condominium, Heritage Woods North Condominium, Concord Mews Condominium, Montgomery Village, Westridge Swim & Racquet Club

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38. May 25, 2007 25 FCC Daily Dig. 101

***05/25/2007 by LETTER. (DA No. 07-2200). IB PHILIP WOJCIKIEWICZ. Denied the Applications for Review filed by Woodmere Townhome Assoc. and Community Associations Institute (CAI) . Action by: the Commission. Adopted: 05/22/2007 by MO&O. (FCC No. 07-98). MB

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39. Time Warner Entertainment Co., L.P. v. Everest Midwest Licensee, L.L.C., 381 F.3d 1039, 10th Cir.(Kan.), Aug 27, 2004 (NO. 03-3005)

***MIDWEST LICENSEE, L.L.C., dba Everest Connections Corp., Defendant-Appellee, Atrium Partners, L.P., a Kansas limited partnership, Defendant-Counter Claimant-Appellee. National Multihousing Council, Community Associations Institute, (CAI) Institute of Real Estate Management, National Apartment Association, National Association of Real Estate Investment Trusts, Real Estate Roundtable, and Real ...

***Roger Platt, Vice President & Counsel, The Real Estate Roundtable, Washington, DC; Molly Foley-Healey, Community Associations Institute, (CAI) Alexandria, VA; Tony Edwards and Robert Cohen, National Association of Real Estate Investment Trusts, Washington, DC, on the brief for

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40. Rules and Regulations Federal Communications Commission 47 CFR Parts 64 Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991. Monday, August 25, 2003 68 FR 50978-01

***was filed by the National Association of Business Political Action Committees. The Chamber of Commerce of the United States, the Community Association Institute, (CAI) the National Association of Manufacturers, the National Association of Wholesaler-Distributors, the National Restaurant Association, and the National Federation of Independent ...

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41. Rules and Regulations Federal Communications Commission 47 CFR Parts 1, 64 and 68 Promotion of Competitive Networks in Local Telecommunications Markets Thursday, January 11, 2001 66 FR 2322-01

***Comments in Response to the IRFA 5. Comments in response to the Competitive Networks NPRM IRFA were filed by the Community Associations Institute, (CAI) the National Association of Counties, et al. (NACO), the Real Access Alliance (RAA), and ...

***not dominant in its field." This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute estimates that there are 205,000 such associations.See 5 U.S.C. 601(4). CAI IRFA Response

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42. Proposed Rules Federal Communications Commission 47 CFR Parts 1 and 64 Promotion of Competitive Networks in Local Telecommunications Markets Tuesday, January 9, 2001 66 FR 1622-01

***condominium associations that operate as not-for-profit organizations. We note that these groups would be indirectly affected by our proposals. The Community Associations Institute (CAI) estimates that there are 205,000 such associations. CAI Response to Competitive Networks NPRM IRFA at 5 (filed Aug. ...

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43. NOTICES DEPARTMENT OF COMMERCE National Telecommunications and Information Administration Technology Opportunities Program (TOP) Wednesday, May 17, 2000 65 FR 31416-01

***Chesterfield County ................................... Chesterfield ... 000497 City of Staunton ...................................... Staunton ....... 000066 Colonial Williamsburg Foundation ...................... Williamsburg ... 000149 Community Associations Institute(CAI) Research Foundation .. Alexandria ..... 000665 Computer Redistribution Team (CRT), Inc ............... Waynesboro ..... 000124 Fairfax County Public Library Foundation ...

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44. Rules and Regulations Federal Communications Commission 47 CFR Part 1 Preemption of Local Zoning Regulation of Satellite Earth Stations and Restrictions on Over-the-Air Reception Devices: Television Broadcast Service, Direct Broadcast Satellite and Multichannel Multipoint Distribution Service Wednesday, December 15, 1999 64 FR 69926-01

***at http://www.fcc.gov/csb/ Synopsis of Order on Reconsideration of the Second Report and Order 1. Three petitions were filed by: (1) Community Associations Institute ("CAI Petition"); (2) Personal Communications Industry Association, Teligent, Inc., Association for Local Telecommunications Services, WinStar Communications, Inc., and Nextlink ...

***Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 155(c) and 405, the petitions for reconsideration filed by the Community Associations Institute (CAI) ; by the Personal Communications Industry Association, Teligent, Inc., the Association for Local Telecommunications Services, WinStar Communications, Inc., and Nextlink Communications, ...

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45. Proposed Rules Federal Communications Commission 47 CFR Parts 1, 51, 68, 76 Promotion of Competitive Networks in Local Telecommunications Markets Monday, August 2, 1999 64 FR 41887-01

***and is not dominant in its field." This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute (CAI) estimates that there were 150,000 such associations in 1993. e. Municipalities 24. Our inquiry in this Notice of Proposed Rulemaking ...

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46. Proposed Rules Federal Communications Commission 47 CFR Part 1 Telecommunications Act of 1996; Preemption of Restrictions on Over-the-Air Reception Devices Wednesday, September 4, 1996 61 FR 46603-01

***dominant in its field." 5 U.S.C. §601(4). This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute (CAI) estimates that there were 150,000 associations in 1993. 13. The U.S. Small Business Administration classifies a small entity as a ...

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47. Rules and Regulations Federal Communications Commission 47 CFR Parts 1 and 25 Telecommunications Act of 1996; Preemption of Restrictions on Over-the-Air Reception Devices Wednesday, September 4, 1996 61 FR 46557-01

***dominant in its field." 5 U.S.C. 601(4). This definition includes homeowner and condominium associations that operate as not-for-profit organizations. The Community Associations Institute (CAI) estimates that there were 150,000 associations in 1993. Given the nature of a neighborhood association, we assume for the purposes ...

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[FN6] See Vanitzian, "Homeowner Associations: Dynasties of Dysfunction."

[FN7] Vanitzian & Glassman, Villa Appalling! Destroying the Myth of Affordable Community Living (2002).

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