Why is there a need for a Homeowners Bill of Rights?

As James Madison wrote in The Federalist No. 51, “If men were angels, no government would be necessary. If angels were to govern men, no internal or external controls on government would be necessary. “

Preamble to the US Bill of Rights

“THE Conventions of a number of States, having at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added:  And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institution:”

PVTGOV Proposed Homeowners Bill of Rights

1.      The HOA is subject to the Fourteenth Amendment to the US Constitution as are all over government entities subject.

2.      The HOA, and HOA directors, officers and committee chairs are subject to the municipality and state laws wherein the HOA resides.

3.      No “ex post facto” amendments to the governing documents shall be permitted without the consent of all homeowners.

4.      The taking of a homeowner’s property rights by the HOA as a result of an amendment to the governing documents or rules and regulations, if any, without a judicial order and without fair compensation is prohibited.

5.      The HOA right to foreclose on a homeowner as a result of failure to pay any fines, penalties, costs or other charges not a bona fide assessment is prohibited.

6.      Recognizing that the HOA does not stand in the same position as a mortgagor that has a substantial monetary investment in the home, or in the case of a mechanic’s lien where the homeowner possesses greater powers over the mechanic, foreclosure shall not be permitted for amounts less than 80% of the fair market value of the home, with the balance of the sale proceeds belonging to the homeowner.

7.      The directors, officers and committee chairs shall be residents and members of the HOA community.

8.       . . .

9.       . . .

10.   . . .

Read Sen. McCain’s comments on limited govrnment and more on the purpose of a homeowner bill of rights

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"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

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