HOA Bill of Attainder: You are guilty for anyone parking by your house

A bill of attainder, prohibited along with ex post facto laws by the US Constitution, has its counterpart in HOAs, those independent principalities operating outside the Constitution.  A bill of attainder is a special legisaltive act prescribing capital punishment, without a trial, for a guilty person.Here’s an example of the unchecked power and lawlessness within HOAs: 

In Arizona, and I’m sure everywere else, a homeowner is guilty and may be fined on the basis of a car, any car, parked in violation of the HOA restrictions on parking, whether or not the street is public, or the car owned by any member of the family of the “guilty” residence.

The homeowner who is so fined by the HOA for a vehicle not owned by him, or by any family member in residence, should file a complaint with the Arizona OAH to protect his rights.  OOPPPPPS!! Sorry, that’ll cost you $2,000 to defend your fundamental rights under the 4th (unreasonable seizures), 5th (deprived of property without due process), 6th (to be informed of the nature and cause of the accusation), and 8th (nor cruel and unusual punishments inflicted) Amendments — by means of the 14th Amendment. 

OPPPPPS! 14th amendment doesn’t apply. Sorry, you lose!

And this unbridled power is supported and encouraged by your elected representatives in the legislature as being good for the community!

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Published in: on March 19, 2007 at 6:06 pm  Leave a Comment  

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