Progressive Reformers needed to clean up HOA Abuse

Over 100 years ago, at the turn of the 20th century, the unregulated abuses of corporate America became the focus of the Progressive Movement.  Essentially, government intervention was found to be necessary to protect Americans from corporate excesses – sweat shops, health concerns in meat processing plants, child labor laws, etc.  Without regulation, corporate America was acting as Adam Smith said it would: in their own self- interests. 

Today, with respect to planned community and homeowner association abuse, including the loss of constitutional protections, the cry of the special interest corporate America of “no government interference” is a misplaced ideological argument to avoid the same necessary reforms that created the Progressive Movement.  Current public policy and state laws are biased to protect the legal structure of HOAs that deprive Americans of their constitutional protections against such abuse.  The most glaring being the refusal to subject HOAs to the same restrictions as are all other municipalities, including subjecting HOA directors and officers to the same laws that govern our public officials.  None of these private constitutions, the CC&Rs, have ever included a provision that the HOA was subject to the 14th Amendment of the US Constitution, or included a Bill of Rights. 

Some examples:  the current state of affairs permit substantial financial penalties against homeowners who violate the CC&Rs, yet are silent when it comes to violations by HOA directors and officers, and their agents, the management firms.  The punishment with respect to foreclosure is equivalent to excessive punishment in violation of the US Constitution.  And, the acceptance of ex post facto HOA “laws”, amendments to CC&Rs, that render the initial CC&Rs a meaningless protection for homeowners.

Where are the reformers today?  Sen. McCain, in an address before The Federalist Society, said:  “that government should do only those things individuals cannot do for themselves, and do them efficiently.  Since political correctness is in vogue lately, is it not politically correct to seek government intervention where it is necessary and warranted?   Or, is it morally and ethically correct for our government to protect those who are abused by the powerful corporate special interests?

Where are the progressive reformers?

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Published in: on February 27, 2007 at 9:56 am  Leave a Comment  

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