That’s What You Get When Living in an HOA

The last speaker before the Texas hearing on TUPCA, Oct 2, told the committee, “I will kill myself”, reflecting the pain and anguish of not finding anyone to help her fight the abuse from her HOA board. She had sent emails to Texas legislators to no avail, and now she was before the committee in person.

This homeowner, Arshia, was interviewed by Shu Bartholomew host and producer of On The Commons this past Saturday. Towards the end of the interview, Shu asked what did the legislators say to her after the hearing, in person.

Arhisa said, “That’s what you get when living in an HOA.”

Shu, a bit surprised, asked, “The legislators?”

Arshia replied, “Everybody tells me that.”

Now, this attitude that pervades our society and halls of government reflects a malaise, as one former president referred to the problems with American society. It says that hardworking, decent people seeking to do what is right and follow the rules are allowed to be abused by a government that has taken a hands-off view of homeownership with, for example, a “Not my problem” attitude and “No one forced you to agree to the CC&Rs.” This is disgraceful and reflects a society turned upside-down to benefit the powerful special interests, and an unethical government abuse of discretion with respect to protecting the people.

The average homeowner is being held to be the expert of all experts in equitable servitudes, contract and real estate law and even constitutional law, while the developers, builders HOA trade groups like CAI with the impressive list of notable attorneys draft documents and laws with the specific intent to benefit the fictitious person, the HOA. And in order to accomplish this, the US Constitutional protections must be disregarded, otherwise voluntary and knowledgeable acceptance with the unconscionable adhesion contract CC&Rs would not happen with any reasonable home buyer with free market forces at work.

Would the municipalities and state legislatures be so willing to protect HOAs if the US Supreme Court ruled that property taxes for homes in HOAs must be offset by the amount of services provided by the HOA that would ordinarily be provided by the government? We all know the answer to that question: NO!

What the bottom-line issue is is simple:

If the HOA can only survive by curtailing the US Constitutional protections that all public governments must obey, then the real estate package called the planned community is an anathema to the American system of government, and planned communities are a defective product forced upon home buyers by the state. They must be abolished.

If you believe that planned communities can function and must function under the American system of government, then the same laws and the same American system of government that apply to public government, must apply to HOAs.

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Published in: on October 9, 2006 at 2:06 am  Leave a Comment  

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