The Invisible, yet binding, HOA "agreements"

Why are good people living in HOAs being treated as if they were criminals without rights?  Why are HOAs allowed rights not allowed to municipal governments under the US and state Constitutions?  Why?

Because the homeowner openly and with full knowledge surrendered his rights and agreed to these provisions?  Let’s see what the homebuyer is being held subject to that is NOT included in any document signed or referenced in any HOA purchase contract.

Did you know that the following information with serious consequences is not contained in any agreement, nor is ever mentioned in any promotional advertising or in any state agency warning notices or advisories?  Here are some examples of covenants or court rulings making the agreement a meaningless piece of paper, which under contract law would never stand the light of day.

 1.      That the documents in effect at the time of purchase can be superseded without the homeowner’s consent and without compensation and still be binding on the homeowner? 

2.      That the HOA and board can pass rules or amendments that are equivalent to ex post facto laws and bills of attainder, making what was ‘legal” and proper no longer “legal” or proper, and any affected homeowner may be required to conform to the new HOA “laws of the community”?  

3.      That the homeowner is not entitled to “a right of offset” as he would be under a bona fide contract; that is, the right to withhold payments in the event the other party fails to perform as agreed.  Instead, the homeowner must continue to make payments and is not allowed to post payments to some trust or escrow account, while he fights for his rights under the kangaroo / HOA board court, or is forced to bring legal action.   

Obviously, why should the board seek a just resolution of any dispute when 1) the law doesn’t punish HOA board violators, 2) it will continue to receive the payments along with any penalties, interest, late charges and huge attorney fees, and 3) the homeowner is faced with the lose of his home without any real hope of receiving any of his home equity? Why?

And, in addition to these harsh measures against the homeowner, the homeowner is still subject to a discriminatory law that punishes him excessively with foreclosure on his home without concern for his equity, and without the homestead exemption protection available to all other homeowners.  Do the ends justify the means, or is this an injustice and a poor public policy?

  In a democracy the people come first, not the inefficient and inept government of subdivisions propped up by state laws that serve to intimidate and punish what is really a private agreement.

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Published in: on May 7, 2007 at 7:38 am  Leave a Comment  

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