HOAs are outside the US Constitution

Evan McKenzie joins in on clarifying the limitations on our rights and the how a private government can get around and use the US Constitution against unknowing Americans. Now, something seems wrong here, doesn’t it?

From Deborah Rich’s very good article in the SF Chronicle on Sept 25th.

“Homeowners associations, being private organizations, cannot violate the Constitution, no matter what they do. They can tell you to take down your Christmas decorations, your American flag, whatever,” says Evan McKenzie, political science professor at the University of Illinois, Chicago, lawyer and author of “Privatopia: Homeowner Associations and the Rise of Residential Private Government” (Yale University Press, 1995).

“Since it is not state action, the Constitution does not protect you against it. The Bill of Rights only protects us against the actions of government. We do not have a First Amendment right against other individuals. Cities can’t ban political signs, but your employer can.” And so can your association, unless states pass laws prohibiting such a restriction from being included in CC&Rs.

“We’re going to have a presidential election, and there’s going to be plenty of neighborhoods where there won’t be any signs,” says McKenzie.


Other articles on the prohibition of political speech by HOAs were carried by The New York, Times, The Cincinnati Enquirer,The Daily Chronicle (IL), The Post & Courier (Charleston, SC), and the Beaufort Gazette.

Published in: on October 3, 2004 at 6:40 am  Leave a Comment  

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