1. MYTH: The HOA attorney represents you, and will assist you in your claims of wrongdoing against the board.
REALITY: The attorney represents the HOA as reflected by the board. He defends the board.
2. MYTH: In spite of your contractual CC&Rs, your civil and fundamental rights are still protected by the Constitution.
REALITY: As a private contract, your CC&Rs have priority over the Bill of Rights, unless those particular rights are so enumerated by the US Supreme Court, such as the Fair Housing Act. People have the freedom to contract and can surrender their rights as happens, many times unexpectedly, as stated by the CC&Rs.
Read all the Myths
May 23, 2007 at 6:23 am |
[...] “how to be happy in a mandated and repressive HOA and like it”? You can read my “10 Myths About HOAs” as a starter for a balanced [...]
May 28, 2007 at 8:56 am |
[...] Furthermore, there are no government web pages in any state informing buyers of all the consequences of HOA living and their loss of their “guaranteed” rights. An example of the failure to warn and advise homebuyers – much as is required when people seek to buy IPO stocks, those RED Herring prospectuses with capitalized, bold, red lettering — can be found on the Constitutional Local Government website under “10 myths About HOAs“. [...]
March 20, 2008 at 4:53 pm |
[...] (NYS has the most comprehensive document, but an after the fact document, ”What To Do About Problems With Your Homeowners Association”, availabe online from the Attorney general’s consumer protection link. However, it does not address most of the issues raised in “10 Myths About HOAs”). [...]