NATIONAL – CAI flexes its muscle in Congress arguing constitutional law and judicial review
PVTGOV.WORDPRESS.COM: CAI flexes its muscle in Congress arguing constitutional law and judicial review
By George K. Staropoli
February 3, 2016
With respect to the federal Amateur Radio Parity Act of 2015, S 1685/HR 1301 (HAM operators), the national lobbying organization, Community Association Institute (CAI), seeks to assert that the private contractual HOA CC&Rs are constitutionally protected from government contract infringement. CAI CEO Skiba argues that there is no compelling government interest to allow contract infringement and that the province for HOA regulation lies at the state level. This is a first for CAI!
It shows that it understands what I’ve been writing about: that the surrender and waiver of constitutional rights in HOA-Land must pass judicial scrutiny although the courts have gotten around this legal requirement. Here, for the first time that I’m aware, CAI argues that the Amateur Radio Act fails to pass judicial scrutiny because there is no compelling and necessary government interest for the law. Read more: