Col. Barfoot HOA justice moves to US Congress Wednesday, Dec 9 2009 

Uncategorized pvtgov 8:00 pm

WTVR.COM in Richmond, VA announced that two Congressmen have introduced a resolution (H. Res. 952) in the US House to permit the flag to be flown anywhere by Medal of Honor winners.  I congratulate these Congressmen, but the bill falls short of granting free speech rights to all Americans living in HOAs.

What is necessary is to educate Congress about the hidden aspects of the HOA legal scheme that denies citizens their rights under state and federal laws.  I commented on this article as follows:

Congress should look into the entire HOA legal scheme that creates a private, political government that controls and regulates the people within a territory, the subdivision subject to CC&Rs. Under unconscionable adhesion contracts, unsuspecting homebuyers are deprived of their constitutional rights to due process and the equal application of the laws.

State legislatures have not delegated any such governing powers to these private organizations! As a private organization, the HOA government is not subject to the 14th Amendment that all other forms of government are subject.

State laws are biased in favor of the HOA and against the homeonwers under a gross refusal to recognize the failures of a genuine, explicit consent to the loss of their rights and freedoms that are enjoyed by all others not living in an HOA.

Much more can be said!

Please visit http://pvtgov.org and my Commentaries at http://pvtgov.wordpress.com .

Please write and educate Congress, and especially Rep. Cantor, Minority Whip, (CA) and Representative McKeon (VA).  We know that CAI will!

From Rep. McKeon’s webpage:

“I was appalled to learn that one of our decorated Congressional Medal of Honor veterans was being prevented from proudly displaying the Flag of the United States of America in an honorable way,” said Rep. McKeon.  “This reminds me of that famous quote by George Washington: ‘The willingness with which our young people are likely to serve in any war, no matter how justified, shall be directly proportional as to how they perceive the Veterans of earlier wars were treated and appreciated by their country.’  Our service men and women – especially those living with honors and distinction- should be allowed to fly the flag that represents the very freedoms they fought so hard to protect.”
 
 
“It’s a sad day when a veteran of three wars is told he cannot fly the American flag on a poll outside of his home,” said Republican Whip Cantor.  “Col. Barfoot made countless sacrifices, wore our country’s uniform with honor, and has earned the right to proudly display the American flag.  I thank Col. Barfoot for his service and support his patriotism and efforts, as well as those here in the House, to allow him to fly his flag.” 

 

White House supports HOA flag flying! Tuesday, Dec 8 2009 

Uncategorized pvtgov 7:23 am

Yes we can!   
 
The White House has joined in to support Col. Barfoot.  We are being heard!  The Richmond-Times Dispatch wrote,
 
 
 
 

The story has drawn national attention, and today during the White House press briefing, President Barack Obama’s chief spokesman Robert Gibbs was asked if the president supported Col. Barfoot.

“I think its silly to think that somebody that’s done that couldn’t have a flagpole,” said Gibbs, the White House press secretary, referring to Barfoot’s service in three wars.

 

 
Politicians respond to the voice of the people.  We need to get our voice heard today and at this important time.  We need to get the President’s personal attention.  Write to him!  Write your Congressman. DO IT NOW!  Do not let the opportunity escape.  It is very important to speak of constitutional issues and the need to address the issues I raised in my Richmond-Times comments yesterday: Pres. Obama and flying the flag in HOAs.  Let’s make sure the President is made personally aware of this problem!
 
You can comment on this article now that it is being watched, or write the White House. Read the article.
 
Use this link to a form to contact the President:  http://www.whitehouse.gov/contact
 
For more in the need for the President’s intervention, see:


 

Pres. Obama and flying the flag in HOAs Monday, Dec 7 2009 

Uncategorized pvtgov 8:27 am

The following is My Dec. 7 comment to Kaine backs Barfoot in flagpole dispute as appeared in the Richmond-Times Dispatch.
 
“Gov. Timothy M. Kaine said today it is “ridiculous” for the Sussex Square community association not to let a Medal of Honor winner fly the American flag from a flagpole in his yard. “
 
 
I’m wondering how President Obama feels about this very important issue. I understand he likes to deal in substantive issues. After all, he IS the President of these United States, isn’t he?
 
Who reigns supreme over this country.  Private agreement HOAs that only require posting to the clerk’s office in order to bind citizens to a surrender of their rights? Or the Constitution?  Since when can private parties contract to circumvent the Constitution?  If allowed to stand, why do we need a Constitution?
 
Why are there special laws for these private governments that can operate outside the constitutional protections that apply to all other forms of political government?  Where the immunities and privileges of citizens are denied, and where citizens must fight to restore lost rights.
 
Which law is supreme in the US and Virginia?  Constitutional law or the real estate laws of equitable servitudes, which apply to HOA covenants?
 
I also wonder if the HOA is being advised by a Community Associations Institute (CAI) member attorney?  CAI, selected by the Virginia government to train HOA managers, stands opposed to the extension of constitutional protections for members of HOAs (See its amicus curiae brief in the NJ Twin Rivers freedoms of speech case.

 

HOA true believers and “truly hopefuls”: both accept un-American governments Sunday, Dec 6 2009 

Uncategorized pvtgov 8:34 am

For those who have read my classification of HOA true believers as neo-Americans, that is, those who truly believe in the legal, economic and social values and benefits of HOA-land — the New America — allow me to clarify my reference to neo-Americans with those whom I classify as “truly hopefuls.”

In contrast to the neo-Americans, there are many people, and allow be to generalize here, who simply like the perceived benefits of HOA living –  the amenities, the gardening  maintenance, and the “other guys’, the HOA, enforcement of rules that you personally don’t have to put up with.  Just complain to the board and let them do the enforcement. Yet, these homeowners also realize that life in an HOA is just not exactly the way they would like it to be, and on purely personal grounds, want some changes to the way the HOA does its business.  Change this rule, impose this new rule, etc.  In short, they agree to the basic design of the HOA government, and see no reason to make substantive changes to it.  Like make it accountable to the state via enforcement of HOA violations of the governing documents and state laws.  These people seem to be confused with the reality that the HOA is a form of government that regulates and controls the people within the planned community subdivision with the real estate “package”.

I classify these persons as “truly hopefuls”, because they truly hope that these non-fundamental changes will make the HOA a better place to live.  Truly hopeful that still, after some 45 years of problems and resistance by the legislatures and national lobbying group, CAI, these changes will indeed come about.

With respect to the above classifications, homeowners in both classifications need to understand that their support of the HOA legal scheme is an approval of an un-American form of government.  In contrast, my view has always been that the legal HOA scheme must be made subject to the US Constitution and Bill of Rights, as required of all other forms of political government in this country.  The real estate “package” of the planned community with its amenities can remain, and still be workable with respect to local voice of the community, but under the American system of democratic government.  In order for this to happen,

the HOA form of government must be abolished!

 

With this understanding that the HOA is a legal form of governance, our elected officials must accept the de facto reality that HOAs are indeed an un-American political government that control and regulate the people within  planned community subdivisions.  Our elected officials must refute the neo-American false arguments that HOAs are not governments, a self-serving argument to permit the special interest lobbyists to formulate, and to establish control over, the legal structure of this authoritarian government.  The HOA, not being subject to the Constitution and the 14th Amendment, denies citizens their privileges and immunities otherwise protected from all public government denials.  Our elected officials need to realize that the pro-HOA lobbyist position is an affront to and a rejection of our system of  government. 

Our elected officials need to understand that, in a rejection of individual rights and freedoms, the so-called HOA “contract” is actually imposed on the homeowner.   And that the argument “to remain living in the HOA is implied consent” is an inappropriate legal doctrine, applicable to the realm of non-contractual public government.  This “consent” lies outside the “contractual” conditions and covenants of the CC&RS!

the HOA form of government must be abolished!

 


 

CAI attorney: restrict taping HOA meetings Friday, Dec 4 2009 

Uncategorized pvtgov 8:55 am

In sum, a homeowner or board member could make audio or video recordings because there is nothing in the law that legally prohibits the recording. However, an association board has the power and authority to institute a policy or pass a resolution to restrict or prohibit such recording at its own meetings. The law would then uphold the board’s business decision. 
[The advice applies to Arizona statutes where one person can record another without any permissions. Other states may have specific "taping" laws.]
 
Once again CAI shows its colors and opposes rights and privileges enjoyed under public governments –  recording public meetings is permitted. (Most notable is its warning to the NJ appellate court in Twin Rivers in its amicus curiae filing : “the unwise extension of constitutional rights to the use of private property by members”).
  
When the CAI lawyers outright say that our courts will uphold private agreements, they acknowledge how the covenants, the CC&Rs of equitable servitude law, can be used to circumvent constitutional protections.  Yet, the courts refuse to recognize the “unclean hands” of the promoters and supporters of HOAs: violations of “contract law 101″, failure to meet judicial scrutiny standards for the denial of constitutional rights, misrepresentation and intentional withholding of material facts; and the cooperation of state governments not to defend the Constitution and not to properly warn consumers of the dangers inherent in buying an HOA controlled home.
 
This second form of political government, the HOA, supported and defended by neo-Americans seeking to establish a New America, is in conflict with the US Constitution with its paramount concern for protecting individual liberties and freedoms — the individual comes first .  Not an objective in the corporate, authoritarian, undemocratic HOA form of governance where the interests of the state, the HOA, comes before the interests of the people.
 
 
And CAI, displaying its neo-American status (true believers that the political, economic and social structure and nature of HOA government control of residential subdivisions makes for a better America), has no problem with encouraging these anti-democratic HOA “laws”.
 
 
The complete Dec. 4, 2009 eNewlsetter can be found at http://www.carpenterhazlewood.com/newsletter.html (ask why it has not been posted yet).

 

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