Publications on HOA constitutionality and legal structure

Peter F. Drucker was an internationally renowned management consultant in the 50s and author of the management “bible,” The Practice of Management. “A classic since its publication in 1954, The Practice of Management was the first book to look at management as a whole and being a manager as a separate responsibility.” Bob Woodward you should know. 

View publications here: Amazon.com: George K Staropoli: Books, Biography, Blog, Audiobooks, Kindle

The people at CAI working against member interests

CAI Advocacy Blog for 11/23/2021, email (Click on this link to see state members).

Thank you to these incredible volunteer leaders and CAI members. Wishing you, your family, and friends a Happy Thanksgiving. We’re so thankful for you!

Government and Public Affairs Committee
Mr. T. Peter Kristian, CMCA, LSM, PCAM

Ms. Sally L. Balson
Mrs. Marilyn E. Brainard
Mrs. Wendy Bucknum, CMCA, AMS, PCAM
Ms. M. Katherine Bushey, Esq.
Mr. Joseph Carleton, Esq., CCAL fellow
Mr. Joseph Crawford, CMCA, AMS, PCAM
Ms. Sandra K. Denton, CMCA, LSM, PCAM
Ms. Jennifer Eilert, CIRMS
Mr. Michael Johnson, CMCA, AMS, PCAM
Mr. John Krueger
Ms. Lisa A. Magill, Esq., CCAL fellow
Mr. Nathan R. McGuire, Esq.
Ms. Janet L. Newcomb
Mr. Matt D. Ober, Esq.
Mr. Scott J. Sandler, Esq., CCAL fellow
Mr. Todd A. Sinkins, Esq., CCAL fellow
Ms. Wendy W. Taylor, CMCA, AMS, LSM, PCAM
Mr. Michael Laurence Traidman
Mr. Craig F. Wilson Jr., CMCA, AMS, PCAM
Mr. Ronald L. Perl, Esq. CCAL fellow
Mr. J. David Ramsey, Esq., CCAL fellow
 

Federal Legislative Action Committee
Mr. Ronald L. Perl, Esq., CCAL fellow
Mrs. Pamela D. Bailey, CMCA, AMS, PCAM
Mr. Jeffrey A. Beaumont, Esq., CCAL fellow
Mrs. Marilyn E Brainard
Mrs. Wendy Bucknum, CMCA, AMS, PCAM
Mr. Robert M. Diamond, Esq., CCAL fellow
Mr. Andrew S. Fortin, Esq.
Mr. T. Peter Kristian, CMCA, LSM, PCAM
Ms. Lisa A. Magill, Esq., CCAL fellow
Mr. Stephen M. Marcus, Esq., CCAL fellow
Mr. George E. Nowack Jr., Esq., CCAL fellow
Mr. J. David Ramsey, Esq., CCAL fellow
Mr. Stefan Richter, Esq., CCAL fellow
Mr. Clifford J. Treese, CIRMS

Champlain Tower South Task Force Leadership and Committee Contributors
Ms. Lisa Magill, Esq., CCAL fellow
Mr. Bob Browning, PCAM, RS
Mr. Mitchell Frumkin, RS
Mr. Robert Diamond, Esq., CCAL fellow
Mr. Stephen Marcus, Esq., CCAL fellow
Ms. Jennifer Eilert, CIRMS
Ms. AJ Scott, CIRMS
Mr. Phil Masi, CIRMS
Mr. Cliff Treese, CIRMS

(The following underlined are NOT links. See above link.)

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The post Happy Thanksgiving: Feeling Grateful for CAI Volunteer Advocacy Leaders appeared first on CAI Advocacy Blog.

HOA boards are not required to uphold member fundamental rights

Folks, time for a reality check. You know I’ve repeatedly argued for constitutional protections and getting only slip-service.  As Prof. Evan McKenzie wrote in 1994 (Privatopia: Homeowner Associations and the Rise of Residential Private Government,

“CIDS [HOAs] currently engage in many activities that would be prohibited  if they were viewed  by the courts as the equivalent of local governments.” 

Many of your complaints, here and on other websites, reflect this reality of an authoritarian government that coerces consent.  HOA boards are not required to uphold member fundamental rights; neither are they obligated to be fair, just, understanding, or compassionate. HOAs are NOT public governments with these implied obligations.  It does not have to be that way! 

See HOA Common Sense and The HOA-Land Nation Within America.

Common Sense

An HOA is the governing body of a condominium or planned unit development (PUD) functioning for all intents and purposes as a de facto local political community government, but not recognized as such by state governments.

“Without fair elections procedures that contain enforcement against HOA board wrongful acts, including retaliatory acts and intimidation by the board, voting in an HOA is a mockery of democracy.  Is this HOA government better than public government?  Common sense tells us no!”

HOA-Land Nation

“Your HOA board (BOD) is unaccountable under state laws with trivial, if any, penalties or punishments for violations of state laws or the governing documents?  Without meaningful enforcement to hold BODs accountable and to serve as a detriment to continued violations, you are forced to sue just to get compliance.

 “The much touted HOAs are democratic because members can vote is utterly without merit?  Fair elections protections, as compared with those in the public arena, do not exist under a corporation law.  Members do not have equal access to HOA newsletters, website, member lists, and use of common amenity meetings rooms, among other denials.” 

DEMAND CONSTITUTIONAL AND FUNDAMENTAL PROTECTIONS!  Demand your legislators support such a bill as proposed HOA constitutionality bill.

proposed HOA constitutionality bill

“Now is the time for all good homeowner advocate leaders to come to the aid of member-owners”

 living in HOAs and suffering abuse, financial and emotional distress as a result of BODs being  protected by Arizona laws. These abuses are easy to understand and support! (See HOA Common Sense: rejecting private government and The HOA-Land Nation Within America).

A quick and simple — but highly effective — bill that was proposed in March 2011 and will bring relief to homeowners being treated a second-class citizens by state laws in support of the HOA legal scheme. It was ignored by Arizona advocates and dismissed by the Legislature.

“No provision of any contract or any declaration of covenants, conditions, and restrictions . . . is enforceable in this state unless the party seeking to enforce the provision proves by clear and convincing evidence that 1) the provision being enforced was knowingly and voluntarily agreed to by all parties . . . . Any representation or statement offered as clear and convincing evidence . . . shall include a signed statement containing the following, beginning with “I understand that I can ask that the following be read and explained to my satisfaction.”

So reads an excerpt from my proposed “Truth in HOAs” statute that should be made law in each and every state. That is, if indeed the legislature stands by the Declaration of Independence and the US Constitution, which we are hearing so much about in the media nowadays.”

The “The Truth in HOAs Act,” as I called  it,  allows each state to modify the proposal in accordance with its state HOA/condo acts — shown in square brackets [].  Also, subsection (3) contains a list of acknowledgements  that can be tailored to each state’s advocate lobbying efforts.  See Arizona Truth in HOAs statute (pvtgov.org).  The essential bill section is contained in subparagraph (4).

Therefore, in reference to subsection 3(d) above, the CC&Rs or Declaration for any planned community, condominium association or homeowners association shall state that, “The association hereby waivers and surrenders any rights or claims it may have, and herewith unconditionally and irrevocably agrees to be bound by the US and State Constitutions and laws of the State as if it were a local public government entity.

 The real estate subdivision or condominium will not be affected by requiring HOAs to join with other forms of local government and be subject to the Constitution as a home rule entity.  See HOAs violate local home rule doctrine and are outlaw governments.

This 2022 legislative session offers a unique, one-time opportunity to get the message across and to educate the legislators. Remaining silent on the issues only plays into the pro-HOA hands of CAI and offers excuses by the media not to cover HOA abuse.  Not only will you find “ammunition” in support of your arguments as contained in the 2 above publications, but also in my Arizona Supreme Court  amicus brief filed and accepted in Tarter v. Bendt (see note (vi) in Can HOA members expect justice in Arizona courts?).

My arguments are summarized in the Commentary.  As is my approach, my arguments are supported by legal authority and hard evidence documents, which CAI ignores and YOU lose!  They must be exposed if the legislators are to be fully informed on the reality of HOA-Land.  As leaders who are internet publishers,  actions speak louder than words!

 

Media’s inexcusable silence on  reporting HOA legal issues

This writing  addresses the failure of the Arizona media, and in general all news media across this country,  to report in-depth on HOA legal developments. In particular, as an example, its failure to cover the Arizona Supreme Court Petition for Review, Tarter v. Bendt (denied).

It was a defamation case brought  by an HOA president dealing with matters of HOA governance. It resulted in a shocking $1,500,000 in damages against a homeowner who criticized the President.  The homeowner raised the issue of the HOA president as a “limited-purpose public figure.” An amicus brief informed the Justices on the larger picture of protected speech in the recognized HOA public forum on matters of HOA governance.

If it were not an HOA case, it surely would have made widespread news.

Most of you probably ever heard of Edward R. Murrow (1940s-60s) newscaster that, the Radio Television Digital News Association has annually awarded the Edward R. Murrow Award to individuals who make outstanding achievements in electronic journalism. Award recipients have included Peter Jennings, Ted Koppel,  Bryant Gumbel, Brian Williams, Katie Couric, Dan Rather and Tom Brokaw.

Here are memorable quotes quite meaningful for today’s media who have been silent on reporting HOA reality news.

A nation of sheep will beget a government of wolves.

“We must not confuse dissent with disloyalty. When the loyal opposition dies, I think the soul of America dies with it.

“To be persuasive we must be believable; to be believable we must be credible; credible we must be truthful.”

In 2017 I posted a Commentary that focused on the failure of today’s media to uphold its obligation under the 1st Amendment to inform the people. This protected freedom of speech was granted for the above important purpose, a purpose that the media seemed to have forgotten.

“The media of today, especially the local news media . . . seem to be oblivious to important HOA bills before state legislatures. Bills that would affect some 20% [now estimated to be 24% or more] of the people  across the country.

“There have been no in-depth analyses or debates of the HOA legal concept even at the national level, as the spread of HOA-Land is nationwide. The Sunday news talk shows, or by 20-20 and Dateline, are silent. There have been no discussions on whether HOAs, as de facto governments, should by made a government entity. Or whether state legislatures should continue to allow equitable servitude law to supersede contract and constitutional law. Or the lack of debate on the absence of “truth in HOAs” disclosures, similar to truth in lending and truth in advertising.

“Or what is the legitimate government interest to allow private governments to deny the equal application of the laws. Or to allow constructive notice – just take your deed — to bind unsuspecting home buyers to the CC&Rs sight unseen. Apparently there is no need to inform buyers at closing

But the media, with respect to HOA-Land, was silent and did not acknowledge its justification for its silence.  For more information, see my 2017 Commentary at Good night and very good luck – the unspoken media HOA alliance and Can HOA members expect justice in Arizona courts?

 . . . .

 Relevant to this Commentary, Maria Ressa (Filipino-American) just won the Nobel Peace Prize for 2021. The Nobel Committee announcement spoke to the role of journalism and its affect on democracy.

 “Ms. Ressa and Rappler [her internet news site] have also documented how social media is being used to spread fake news, harass opponents and manipulate public discourse. . . . The Norwegian Nobel Committee is convinced that freedom of expression and freedom of information help to ensure an informed public,”

She is also author of How to Stand Up to a Dictator, a story of “how democracy dies by a thousand cuts” (to be released in July 2022).