Heads Up Blog
Federal and state legislation and regulation can sometimes be introduced overnight and, during a hectic legislative session, bills can move swiftly. Legal issues can arise almost as quickly. This page provides general government affairs insight (updates, overviews and trends), regulatory items affecting CAI's members, and legislative information of note or news. For specifics on industry federal and state legislation, log in to the Advocacy Center.
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"Heads-Up Articles" Archives
Thu, 24 Jul 2014
Last month, U.S. Rep. Adam Kinzinger (R-IL) introduced H.R. 4969, legislation that may invalidate community association rules and architectural standards that govern the installation and use of amateur radio towers and antennas.
If H.R. 4969 becomes law, homeowners who want to install a radio tower or antenna for amateur radio use would not have to go through the architectural review process or follow existing community guidelines.
We need your help to stop this legislation.
Please contact your member of the U.S. House of Representatives today to ask them:
- Not to co-sponsor H.R. 4969
- Oppose H.R. 4969 if it comes up for a vote
H.R. 4969 is a highly controversial federal government intervention into the basic private contracts that establish and govern community associations without any demonstration of a clear and compelling national interest.
H.R. 4969 requires the Federal Communications Commission (FCC) to amend its Code of Federal Regulations to invalidate sections of community association covenants that apply to installation of radio towers and/or antennas for amateur radio use.
With limited exception, all community associations will be prevented from governing installation of HAM radio towers and antennas if H.R. 4969 becomes federal law.
CAI recognizes the importance of amateur radio users' assistance during a disaster or emergency. Importantly, CAI notes that amateur radio users' success in assisting with communications during a disaster or emergency has not been inhibited by covenants created by neighbors in the community associations in which they have chosen to make their home. A 2012 study by the FCC reached this conclusion, too.
The FCC has rejected five official requests by amateur radio operators to relieve them of their contractual obligation to follow community procedures concerning the installation of radio towers and antennas. The FCC has determined there is no compelling national interest to warrant invalidating contractual agreements between private citizens.
On behalf of the 65 million Americans who choose to live in their community associations, CAI must oppose H.R. 4969 to preserve the model of community allowing neighbors elected by neighbors to create and enforce covenants for the betterment of the community as a whole.
Please act today! Contact your member of the U.S. House of Representatives and use the template we've provided or draft your own message to urge your member of Congress to oppose H.R. 4969. Click here to use the template.
With your support, CAI members will continue creating communities in America that are preferred places to call home.
For further information and history on this issue, please click here.
CAI Government Affairs represents the interests of the 65 million people living and working in America's community associations on legislative and regulatory issues at the local, state, and federal level of government.
Tue, 22 Jul 2014
Announced to the Illinois Community Association Manager Licensing and Disciplinary Board at its July 15, 2014, meeting, the Board and the profession will now be administered by a new division. It was determined that due to the size of the real estate industry, related professions and the administration of the Real Estate License Administration Fund, that substantial efficiencies to the benefit of consumers and the real estate professions could be achieved by the reorganization of all functions of the Bureau of Real Estate Professions, Division of Professional Regulation. On March 31, Governor Pat Quinn signed the executive order
creating the Division of Real Estate. Officially established on May 30, the Division received the functions and all associated powers, duties, rights and responsibilities of the Bureau of Real Estate Profession. It was determined that the transfer of functions would not impede, disrupt or impair in any fashion any council, commission, board or other entity previously established. Community association managers continue to be recognized as a distinct profession. It appears as though government efficiencies will be created under the newly established Bureau of Real Estate Profession which will preserve resources for the Illinois government and, as a result, Illinois residents. CAI does not oppose the creation of the Bureau of Real Estate Professions.
It was also reported at the July 15 meeting that the Governor’s office continues to review the draft regulations proposed by IDFPR to address the 2013 legislation that amended the Community Association Manager Licensing and Disciplinary Act. A time frame for the consideration of the draft regulations was not available. Once the Governor’s office approves the regulations, they will be under review by the Joint Committee on Administrative Rules and open to public comment. These regulations are to account for the addition of new licenses, including supervising community association managers and community association management firms, and amendments regarding association accounts and technical clean up.
Fri, 23 May 2014
2014 CAI Law Seminar
Best Manuscript Award Winner
Community Association Voting: Evolving Trends in Membership
Elections of Directors and the Authorization of Corporate Action
David J. Graf, Moeller Graf, P.C. & Steven S. Weil, Berding & Weil LLP
The CAI Law Seminar presented by the College of Community Associations Lawyers is the premiere continuing legal education conference exploring trends and practices in community association law. There are more than 20 seminars offered over two days to community association lawyers from around the United States. Each seminar is required to have a manuscript to accompany the presentation.
In 2014, for the first time, the CAI College of Community Association Lawyers established the Best Manuscript Award.