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TerriS6 (California)
Posts: 3,284
Posted:
CAI petition for preliminary junction was denied.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By TerriS6 on 10/24/2024 2:07 PM
CAI petition for preliminary junction was denied.

Translation - File by December 31, 2024 (I know, January 1, 2025 but who is going to remember that after a new years eve party).
CathyA3 (Ohio)
Posts: 6,299
Posted:
Disappointing but not a surprise.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Should have added a common saying in the legal biz: justice delayed is justice denied. If the court decides in February 2025 that community associations should be exempt, that won't help the current crop of board members whose information is now in the government's database, along with that of all of the other alleged money launderers, tax evaders, and financers of terrorism. I'm so proud.

(I have an idea of a comic crime novel in which a board member gets his knickers in a knot and decides that if he's been lumped in with the crooks, then by gum he's gonna be the best danged crook he can be and he models himself after some notorious bad guys. Look out, world. Dave Barry or Carl Hiassen will probably beat me to it...)
TerriS6 (California)
Posts: 3,284
Posted:
Attorney at webinar today said once info is submitted to federal government it can’t be deleted. Also maybe change your election rules do candidates acknowledge they could be subject yo this law.
MarshallT (New York)
Posts: 414
Posted:
Agreed, disappointing, but not surprising.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TerriS6 on 10/24/2024 7:34 PM
Attorney at webinar today said once info is submitted to federal government it can’t be deleted. Also maybe change your election rules do candidates acknowledge they could be subject yo this law.

We probably should do this. But our current board may have to die in office since we've had trouble finding new volunteers from the beginning.

I joined CAI since I figured (correctly) that they would file a lawsuit, and you need to be a member in order to be covered by the suit. Even if it goes nowhere, I'm still getting my money's worth of useful information.

(FWIW, I firmly disagree that the information "can't be deleted". It can indeed if the government chooses to do this and designs their systems accordingly. It isn't "can't" - it's "won't".)
BillD16 (Texas)
Posts: 971
Posted:
Quote:
Posted By TerriS6 on 10/24/2024 2:07 PM
CAI petition for preliminary junction was denied.

*sigh*

Not that it affects me directly, but - this is like feeding milkshakes to that guy whose boot is stamping on a human face— forever.

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
CathyA3 (Ohio)
Posts: 6,299
Posted:
But it can affect owners who aren't on the boards, particularly in condo associations that often have a hard time filling all of the board positions. The last thing we need is another reason - and a compelling one - not to volunteer. In fact, the text of the lawsuit included statements from a number of owners who said that they either will not volunteer and/or they feared that their association would be going into receivership as a result.

Unfortunately the courts that would have to deal with all of the petitions for receivership are not the ones hearing this lawsuit, so the federal court lacks this added incentive to get on with this.

It's unfortunate this is an election year, because I think lawmakers' attention has been elsewhere. Perhaps they would have moved legislative solutions to the front burner otherwise.
TerriS6 (California)
Posts: 3,284
Posted:
Whoever we are, wherever we are, the government can know everything about us. Privacy does not exist. Protection of personal information does not exist. All we can do is try to protect ourselves from thieves. CTA shouldn't stop anyone from volunteering when a person can be pulled over any time they're driving and have to divulge the same information.
CathyA3 (Ohio)
Posts: 6,299
Posted:
The issue for some isn't the fact that our government already knows everything. It's the fact that information gathered under the CTA will be shared with global law enforcement bodies (ie. "whomever we want to share with"). And these foreign bodies will have different ideas about civil rights and constitutional protections.

We're at least in theory protected by our constitution from US law enforcement overstepping (in practice, maybe not so much). But all bets are off if another country believes you've committed a crime in their country. In such a case their laws prevail. Given the global nature of telecommunications, that's worrisome. (Oddly enough I'm less worried about the European Union than I am about the US, since the EU is more likely than the US to put the rights of their citizens ahead of corporate interests.)

Just because you're not paranoid doesn't mean they're not out to get you.

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