Comments for HOA Constitutional Government http://pvtgov.wordpress.com Supporting Principles of Democratic Government for HOAs Sat, 17 Oct 2009 22:14:44 +0000 http://wordpress.com/ hourly 1 Comment on Part 1 – Is there an ideal HOA constitution? by HOA property lawyers do not reognize constitutional law « HOA Constitutional Government http://pvtgov.wordpress.com/2009/09/26/part-1-is-there-an-ideal-hoa-constitution/#comment-379 HOA property lawyers do not reognize constitutional law « HOA Constitutional Government Sat, 17 Oct 2009 22:14:44 +0000 http://pvtgov.wordpress.com/?p=879#comment-379 [...] Have these legislators ever thought about whether there exists an ideal HOA  constitution that is compatible with the Constitution?  Well, there can be, as I have explored in Part 1 – Is there an ideal HOA constitution?. [...] [...] Have these legislators ever thought about whether there exists an ideal HOA  constitution that is compatible with the Constitution?  Well, there can be, as I have explored in Part 1 – Is there an ideal HOA constitution?. [...]

]]> Comment on The Pursuit of Happiness Under Authoritarian HOA Regimes by Donald Deem http://pvtgov.wordpress.com/2009/09/18/the-pursuit-of-happiness-under-authoritarian-hoa-regimes/#comment-378 Donald Deem Tue, 13 Oct 2009 17:26:51 +0000 http://pvtgov.wordpress.com/?p=864#comment-378 The last paragraph statement is disturbing. I sadly am a member of a Property Owners Association (POA). I am a Vietnam Veteran. This past Sept. 11 a friend and I were communicating and reminiscing. He stated that 41 years ago he had just graduated from high school and had started a new job at GM. He stated he thought he had it made for life. Good pay and insurance, plus a good retirement until he died. Now he was very concerned with the last. He then asked me what I was doing. I responded with “I was in a picturesque countryside in South East Asia, more commonly known as Vietnam. I had been sent there to fight the spread of the dreaded communist doctrine and to help the citizens of that country have the right to vote and chose how they wished to live. Several close friends gave their lives believing this as had ten of thousands before had done. Not to mention the soldiers that was scared and destined for life to live with things they so and did. For the most part I thought we had done the right thing, until recently. When I retired I purchased lots in a resort camp ground that was a POA. At first this seemed OK. But as I spent more time there I found a large number of people actually lived there. Then the educating of how corrupt this POA was and how they were violating rights began. I disagreed with many things that were being done by this board, but the denying voting rights without following the process set forth in our bylaws really upset me. Several people joined with me to address the board to no avail. Example: Our bylaws detail a step by step process required to suspend a member which would then prevent attending meetings, voting, etc. This process was and never has been followed. This year I decided to try and bring issue to a head. Our dues were due on April 1 and invoice states that a $10 late fee, plus a 7% penalty would be imposed after that date. I did not pay my dues until July 3. I did not pay the late fee or the penalty since I did not know if that was per lot, nor how to calculate the 7%. I expected to receive an invoice stating these amounts due. Instead a board member informed me early September that I would not get a ballot to vote. I attended the next board meeting on Sept 12 and questioned the board about this. I asked how much I owed and why had I not been notified of the amount. They replied that they use Peach Tree Accounting program and had not calculated it yet, so they did not know. This was 2 ½ months after I had paid the dues. I was informed since they considered me not in Good Standing I would not be allowed to vote. I latter was informed by a sitting board member that at lest 50% of members were denied voting rights this election. No member has ever been before the board for a hearing, which is required to suspend a member. I have contacted two attorney firms concerning this and both have stated, just pay your dues from now on. The fact that the board is using this and other schemes to deny voting rights did not concern them. They were not interested in this case. I do not know where to turn. I guess previous Americans that gave their lives to protect Americans rights to vote were a travesty and waste of life. If this practice continues it will only be a short time before local, state and federal governments also take the vote away. The last paragraph statement is disturbing. I sadly am a member of a Property Owners Association (POA). I am a Vietnam Veteran.
This past Sept. 11 a friend and I were communicating and reminiscing. He stated that 41 years ago he had just graduated from high school and had started a new job at GM. He stated he thought he had it made for life. Good pay and insurance, plus a good retirement until he died. Now he was very concerned with the last. He then asked me what I was doing.
I responded with “I was in a picturesque countryside in South East Asia, more commonly known as Vietnam. I had been sent there to fight the spread of the dreaded communist doctrine and to help the citizens of that country have the right to vote and chose how they wished to live. Several close friends gave their lives believing this as had ten of thousands before had done. Not to mention the soldiers that was scared and destined for life to live with things they so and did. For the most part I thought we had done the right thing, until recently.
When I retired I purchased lots in a resort camp ground that was a POA. At first this seemed OK. But as I spent more time there I found a large number of people actually lived there. Then the educating of how corrupt this POA was and how they were violating rights began. I disagreed with many things that were being done by this board, but the denying voting rights without following the process set forth in our bylaws really upset me. Several people joined with me to address the board to no avail. Example: Our bylaws detail a step by step process required to suspend a member which would then prevent attending meetings, voting, etc. This process was and never has been followed.
This year I decided to try and bring issue to a head. Our dues were due on April 1 and invoice states that a $10 late fee, plus a 7% penalty would be imposed after that date. I did not pay my dues until July 3. I did not pay the late fee or the penalty since I did not know if that was per lot, nor how to calculate the 7%. I expected to receive an invoice stating these amounts due. Instead a board member informed me early September that I would not get a ballot to vote. I attended the next board meeting on Sept 12 and questioned the board about this. I asked how much I owed and why had I not been notified of the amount. They replied that they use Peach Tree Accounting program and had not calculated it yet, so they did not know. This was 2 ½ months after I had paid the dues. I was informed since they considered me not in Good Standing I would not be allowed to vote. I latter was informed by a sitting board member that at lest 50% of members were denied voting rights this election. No member has ever been before the board for a hearing, which is required to suspend a member.
I have contacted two attorney firms concerning this and both have stated, just pay your dues from now on. The fact that the board is using this and other schemes to deny voting rights did not concern them. They were not interested in this case.
I do not know where to turn.
I guess previous Americans that gave their lives to protect Americans rights to vote were a travesty and waste of life. If this practice continues it will only be a short time before local, state and federal governments also take the vote away.

]]> Comment on Part 1 – Is there an ideal HOA constitution? by JT http://pvtgov.wordpress.com/2009/09/26/part-1-is-there-an-ideal-hoa-constitution/#comment-377 JT Sun, 11 Oct 2009 22:11:57 +0000 http://pvtgov.wordpress.com/?p=879#comment-377 You've hit the nail on the head. There IS no one to help us. Even the lawyers we pay exorbitantly are not really on our side. They all play the lucrative HOA game, and homeowners lose. You’ve hit the nail on the head. There IS no one to help us. Even the lawyers we pay exorbitantly are not really on our side. They all play the lucrative HOA game, and homeowners lose.

]]> Comment on CAI lobbyist firm espouses HOA secessionist, un-American views by pvtgov http://pvtgov.wordpress.com/2009/09/08/cai-lobbyist-firm-espouses-hoa-secessionist-un-american-views/#comment-374 pvtgov Thu, 24 Sep 2009 03:06:39 +0000 http://pvtgov.wordpress.com/?p=846#comment-374 I will reply to Walt's questions in a new Commentary, shortly. I will reply to Walt’s questions in a new Commentary, shortly.

]]> Comment on CAI lobbyist firm espouses HOA secessionist, un-American views by Walt Kearns http://pvtgov.wordpress.com/2009/09/08/cai-lobbyist-firm-espouses-hoa-secessionist-un-american-views/#comment-373 Walt Kearns Wed, 23 Sep 2009 21:29:10 +0000 http://pvtgov.wordpress.com/?p=846#comment-373 In your opinion, what constitutes a reasonable set ofcovenants that protects the rights of homeowners while enabling a HOA to manage and maintain the common areas, facilities and character of community? Another way of asking the same question: if you had the opportunity to write the Declaration and Bylaws for a new community, what would be in it; what would not? In your opinion, what constitutes a reasonable set ofcovenants that protects the rights of homeowners while enabling a HOA to manage and maintain the common areas, facilities and character of community?

Another way of asking the same question: if you had the opportunity to write the Declaration and Bylaws for a new community, what would be in it; what would not?

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