Model U-C-I-O-A Petition to State Legislators

“U-C-I-O-A” stands for United Common Interest Owners Alliance.

Whereas, in the 44 years since the publication the Urban Land Institute of the manual, The Holmes Association Handbook, TB#50, for the promotion, advertising, selling and development of planned communities with a mandatory private governing body, the homeowners association or HOA, and with the compulsory payment of assessments, there are some 18.8% of the US population living under these private governments; and whereas this group exceeds the percentages for both the Black and Hispanic minority groups whose rights and freedoms are protected by numerous laws, there are very few, if any, federal or state laws protecting the rights and freedoms of the people subject to the control by these HOAs, and those existing HOA laws and statutes only serve to protect the private organization over the rights and freedoms of the people;

Whereas, the courts and the recognized common law authority, the Restatement of Laws, have usurped the US Constitution as the supreme law of the land by holding the doctrine of equitable servitudes and covenants running with the land superior to the US Constitution; and whereas the legality of constructive notice under equitable servitudes has permitted covenants within the  CC&Rs to bind unsuspecting homebuyers to provisions that clearly create unconscionable adhesion contracts, and that include the surrender of unspecified rights and freedoms without the express consent of  a fully informed and knowledgeable  buyer; and whereas such treatment of the people subjecting them to an authoritarian system of government that holds the maintenance of property values first and foremost above the rights of the individual homeowners is an abomination to our American system of government;

The complete Petition may be found at Petition.

Published in: on June 4, 2007 at 10:11 am  Leave a Comment  

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