Failure in the courts

Why do we see so many court decisions that support the actions of association boards that borders on the absurd and highly unreasonable? For example, the Desert Crest Case in California where retired people in a mobile home association were made to pay for a golf club not owned by the association, that was open to the public and operated as a for-profit club.

My readings of numerous cases at all levels across the country is very depressing. I’ve concluded that it is indeed public policy to encourage, promote and create homeowner associations without any oversight protections of our civil liberties. All this 1) in the name of benefiting the community as a whole through a privatization of government, the HOA itself and not the planned community package; 2) to maintain property “standards” without constitutional protections; 3) the reduction of services to be provided by the municipality ,and 4) the double-taxation benefits to the municipality. All accomplished at the disregard of our constitutional rights and freedoms.

I believe we are failing in the courts because those who are filing these law suits still possess an underlying belief in planned communities and they support the oppressive HOA form of government. The law suits are filed with respect to some particular action by the board and not against the basic principles and legal foundations of the HOA. It should be obvious that the “deck” is stacked against us with these onerous Declarations of CC&Rs.

Filing such law suits is much like a “reform” approach rather than a redo effort, and it should be clear to everyone by now that reforms will not work. The establishment has strongly resisted any infringement on the rights and privileges granted HOAs by our government’s lack of oversight and it will continue to do so.

It’s time homeowners become realistic and face the obstacles before us as the Founding Fathers did at the Constitutional Convention in 1776. Convened to make reforms to the Articles of Confederation, then governing the 13 colonies, they choose to scrap it as unworkable and created the US Constitution in its place. We must do likewise with the planned community concept with its mandatory, private organization government that contains no protections for our civil liberties.

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Published in: on December 18, 2004 at 4:09 pm  Leave a Comment  

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