The legal authority of HOAs: Does it warrant consent?

A well known political scientist involved in HOA matters commented on a 2004 speech, excerpted in the NY Times, by Mayor Giuliani. (See Freedom).

This person commented that: “Freedom is about authority? This is an issue in HOA and condo living, too. This speech is from 1994, but it is worth thinking about.”

In his speech, Mayor Giulanai talked about legal authority,

“Freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do. “

I say,

Let’s seriously think about the “lawful authority” of HOAs, and the adhesion contract, the biased state laws protecting authoritarian regimes, and the question of free and open consent with full knowledge without explicit agreements to surrender constitutional rights and freedoms. 

The consent of the homeowners, the people, is not freely and openly given to warrant such acceptance and consent, giving ethical, moral and legal justification that the laws must be changed.  The institutions within HOAs are not democratic and are not based on the American model of government, but are based on the corporate form of governance that has no provision for protecting the constitutional rights and freedoms — the unalienable and individual rights — of homeowners.

This should be the mission of every person who considers himself a homeowner rights advocate.

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Published in: on August 17, 2007 at 3:34 pm  Leave a Comment  

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