Are HOAs subject to the jursidiction of the state?

Through out the country we continue to have the increased creation of authoritarian, privately chartered principalities called homeowners associations. All under the careless or non existent oversight of state legislatures that delegate their sovereign powers to these private entities.

Can a state legislature delegate its sovereign powers to private governments that are not subject to the application of the 14th Amendment? Can the legislature create and sanction private governments unaccountable to civil government, and thus unaccountable to the people of the state? Is this not an act providing for the unequal protection of the laws?

Questions are arising concerning the wording of the 14th Amendment, Section 1:

All persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the state wherein they reside. . . . No state shall make or enforce an law which shall abridge the privileges or immunities of citizens of the United States; . . . nor deny to any person within its jurisdiction the equal protection of the laws.”

Are these fictitious persons, HOAs, subject to the jurisdiction of the state? Yes, they are. Are the people living under the control and regulation of these quasi, de facto territorial governments subject to the jurisdiction of the state? If so, then according the Amendment they must be protected by the application of this same Amendment. HOA governments must be subject to the same accountability and restrictions as any other civil government entity. If not, then there is a new social order severely altering the American system of government, and the US Constitution no longer has any meaning.

By virtue of not holding private HOAs subject to the application of the 14th Amendment and the Bill of Rights, and since the 14th Amendment has been found applicable to state agencies, then state legislatures have granted HOAs broader powers and functions, with less oversight, than required of any state agency . This is unacceptable and must not be allowed to continue.

Published in: on November 21, 2006 at 2:14 pm  Comments (2)  

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2 CommentsLeave a comment

  1. In regard to DBPR above, which I believe is the Florida regulatory agency, I fought for the Arizona OAH dispute resolution via an independent tribunal, without having need to know the complex Rules of Civil Procedure.

    As with Dr. Rizzo’s firing by the Florida Governor, Arizonans attempting to get a fair deal have been subjected to political influence on the OAH agency when a filing fee of $2,000 was set last week. I do not blieve the increase is vaild under the rulemaking procedures of APA, or that the legislature granted the DFBLS agency (the offical agency to submit a complaint to be resolved by OAH judges)authority for such a hike.
    See other entries here.

  2. It is about time HOAs were accountable to some one? I have tried for over a year to find accountability but to no avail. They are DBPR and left to do anything they want!

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