Tag: VCL-HOA

Research memorandum examples

I chose 2 document examples, a court analysis and an issue or legislative proposal memo. The case study dates back to 2006 and the AZ Office of Administrative Hearings (OAH) adjudication of HOA disputes. It strictly follows my suggestion on understanding a legal decision. View OAH.

The second document is a presentation of arguments regarding a proposed legislative reform bill, based on a recent court holding. I chose an important but complex Florida case (Woodside Village Condominium Assn v. Jahren, 754 So.2d 831, Fla. 2 Dist. App. 2000) to address ex post facto amendments and eminent domain takings by HOAs. It required a separate examination of 4 constitutional issues. I wrote: “This Florida Supreme Court case, supporting such amendments as valid, touches on important constitutional questions of due process and the equal protection of the laws.” View proposal arguments.

Please feel free to discuss with others and to ask questions for clarifications. A dialogue will go a long way.

Legislative proposals and legal memoranda

The general role of VCL can be found here:  VCL-HOA. However, this document is geared to reform legislation efforts. It addresses a methodology to prepare focused reform arguments before the legislature and the courts.  VCL will play no direct role with respect to the activities of any social media reform group adopting this approach.

  1. Private group legislative proposals

There are several FB private groups that have proposed a number of HOA reform bills along with a lengthy description and arguments in support of the proposed bills. With all due respect to the hard work of these groups, these proposals should be made part of an instructional and educational  podcast program with each session covering one proposed bill. Each proposal must be taken down a level to focus on what reality demands. It must be instructive in an educational setting. The homeowners, and especially the advocates, must also be made aware of the legalities and judicial  process to achieve success.

The Issues Study Committee methodology set forth by VCL-HOA is a means to improve the credibility of advocates going forth before the legislatures and in the courts. The groups can use the materials they already presented and structure the podcast in accordance with the VCL-HOA approach. That’s a pro-con analysis. Con? Yes! It will be needed to address the CAI/HOA attorney responses that, in the past, have left many advocates unprepared to rebut the opposition. 

In my active days before the AZ legislature, I’ve witnessed CAI getting 5 -10 minute times while advocates got just 3 minutes, and they had the sequence of speakers arranged so advocates could not rebut their arguments.  What is necessary is to a planned group of advocates, one group to carry their arguments and the other to come after to rebut  CAI.

  1. Legal memorandum format for committee report

The legal memorandum is the recommended report format for the committee analysis of proposed legislation.  Law clerks and judges use this format – pretty much standard but not always followed – to report the results of their findings on a specific issue or in answer to a specific question to be addressed by the court.

The format is simple:

  1.  Statement of the issue or question being addressed, usually in terms of specific laws or contract covenant.
  • A statement of the relevant facts, both pro and con —  plaintiff and defendant. This could be short or complex. The more questions asked, or facts included, will overcome most homeowners seeking justice. [Keep it short and to the point. Don’t make it a free for all on every little complaint].
  • The judges’ discussion and analysis of the above items. Could be short or involved depending on the above.  Here the decisions on the arguments raised by both parties are answered, in several such conclusions or one decision. Generally, a short paragraph or sentence which could be: “Is distinguished from . . .”, “without merit . . .”, “on point . . .”, etc.
  • The holding or opinion of the court as applied to the issue or question raised above.  Usually the last paragraph: “Therefore, we find . . .”

Your narrative on each issue should be reformatted accordingly in order to make your findings (4) acceptable after a thorough analysis and discussion (3).  That requires statements according to (1) and (2) above. The result will be a more focused argument.

In regard to court case analysis, your approach is to focus on (1) with some understanding of the details from (2), and to find opinions (3) and how the court decided the case after all (4). By following this approach, you can discover the important and relevant opinions based on the law and case histories. With many court opinions the reader can learn and understand just what all the laws in question are about. You may find many surprises.

It is my recommendation that proposed legislative findings adopt the legal memo format; it can be used before the legislature and court cases.

Issues Study Committee Handbook

Advocate Leaders,
The following is a quick look on how this Handbook will be used in today’s VCL-HOA Research
Valley Citizens League (Phoenix, AZ). The policies described in this Handbook are designed to achieve those goals. (See below for private group reform legislation selection.)

GENERAL ISSUE SELECTION PROCESS
PURPOSE: The issue selection process is designed to maximize fairness, openness, and objectivity in determining the League’s agenda for examining public policy matters.

PROCEDURES:

  1. Suggestions for issues to be considered for study by the League can come from any source.
  2. To facilitate communication and understanding, the issue suggestion should be specific and clearly defined.
  3. Issue suggestions must be submitted, in writing, to the Executive Issues Board.
  4. The Executive Issues Board collects, organizes, and presents the suggestion(&) to the appropriate Issue· Committee via the committee chairperson.
  5. The Issue Committee reviews suggestions, conducts meetings necessary to get adequate information regarding proposed issues, eliminates those suggestions determined to be inappropriate, and submits the recommended issue(s) for study to the Board.
  6. Following the approval by the Executive Issues for study, the Issue Committees may begin their work.
  7. Upon completion of each Issue Committee’s work, its recommendations are forwarded to the Executive Issues Board for action.
  8. The Board has final authority over all recommendations coming from each Issue Committee list

Social media private group legislative proposals
There are several FB private groups that have proposed a number of HOA reform bills along with a lengthy description and arguments in support of the proposed bills. With all due respect to the hard work of these groups, these proposals should be made part of an instructional and educational podcast program with each session covering one proposed bill. Each proposal must be taken down a level to focus on what reality demands. It must be instructive in an educational setting. The homeowners, and especially the advocates, must also be made aware of the legalities and judicial process to achieve success.

The Issues Study Committee methodology set forth by VCL-HOA is a means to improve the credibility of advocates going forth before the legislatures and in the courts. The groups can use the materials they already presented and structure the podcast in accordance with the VCL-HOA approach. That’s a pro-con analysis. Con? Yes! It will be needed to address the CAI/HOA attorney responses that, in the past, has left many advocates unprepared to rebut the opposition.

In my active days before the AZ legislature, I’ve witnessed CAI getting 5 -10 minute times while advocates got just 3 minutes, and they had the sequence of speakers arranged so advocates could not rebut their arguments. What is necessary is to a planned group of advocates, one group to carry their arguments and the other to come after to rebut CAI.