Homeowner Associations: ex post facto amendments, consent to be governed, contracts to avoid the Constitution

 Excerpts . . .

Can individuals contract to establish a governing body that controls and regulates the people within a territory, and avoid adherence to the US Constitution, by means of a contract that is contrary to and ignores the state municipality laws?

 

How has this state of affairs come to be?  The HOA legal basis for the exclusion from the application of the 14th Amendment is the use of CC&Rs, the interpretation of CC&Rs as binding contracts — but not contracts of adhesion — and the equitable servitudes doctrine of “constructive notice”.  This legal basis to sidestep the Constitution raises serious questions regarding the unconstitutional surrender of fundamental rights.

 

Supporters of HOAs point to the general consent doctrine as applied to public governments:  if a person lives in the political jurisdiction, then he is assumed to have consented to be governed.  (Pro-HOA supporters apply this same rationale with regard to adhesion contract criticism: no one forced him to buy in HOA-land). If people buy into HOA-land, then, it is argued, they consent to be governed as if the HOA were indeed a public entity and not subject to the restrictions of contract laws.  Yet, HOA governance is not public governance, but contractual private governance.

From Villa de las Palmas opinion, “We conclude that under the plain and unambiguous language of [the California Davis-StirlingAct], use restrictions in amended declarations recorded subsequent to a challenging homeowner’s purchase of a condominium unit are binding on that homeowner . . .  Subjecting owners to use restrictions in amended declarations promotes stability within common interest developments.

And what about enforceable binding contracts?

read the complete paper . . .

Published by

HOAGOV

"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.

3 thoughts on “Homeowner Associations: ex post facto amendments, consent to be governed, contracts to avoid the Constitution”

  1. George, way to freakin go!!!! I was just about to buy into a planned rip off the home owners unit, but you and the HOA’s Covenants saved me from taking that retarded leap. What can we do to stop this terrible fleecing of American’s rights not to mention their money!!! I really admire you and all that you are doing. Please tell me how I can help.

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