Why is there no Bill of Rights to protect homeowners living in HOAs?

Over the years, several homeowners “bill of rights” have been proposed, the latest being proposed by David A. Kahne and published by the AARP Policy Institute. Homeowner rights advocates debate the provisions of these homeowner’s bill of rights, and the industry supporters — the lawyers, CAI trade group, and HOA management groups — have proposed their own version of a bill of rights. In the midst of all these proposals, one advocate wrote, “There is only one Bill of Rights, the US Bill of Rights”. I ask, “What is the real bill of rights?”

The US Bill of Rights only pertains to that document called the US Constitution. These Rights are AMENDMENTS to the Constitution, period. The Constitution applies to the federal government, and to state entities only by virtue of the 14th Amendment to the US Constitution. They do not apply to private organizations, such as HOAs, unless the US Supreme Court has declared them so.

Read more . . .

Published in: on October 8, 2006 at 6:36 pm  Comments (1)  

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  1. Hi George,

    We are running your AHRC recent article on TUPCA on our MCC site. We are currently being sued by an CAI/ULI affiliate developer who runs our community. They are trying to get us to shut down our last of 4 websites and mute our local involvement in land use issues. Ck us out at http://missouricitychatter.blogspot.com

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