Exchanging individual property rights for property values

The implicit exchange of individual property rights for not even promises or guarantees of maintaining property values has been accepted by most homeowners in HOAs. 

Many people accept the terms and conditions of the HOA governing documents, as many accept the rigors of military life.  They do not mind being told what to do, when to do it, and how to do it.  Others adhere to the belief, even after 44 years of contrary evidence, that true democratic reforms will still take place. They are faced with the harsh reality that their strong beliefs are not real, and that, in fact, their government doesn’t intend to make them a reality.  And that is indeed a very harsh pill to swallow.

 

Others do not accept this privatization of government — this delegation of government powers.  A privatization defended by those sworn to uphold the Constitution.  A privatization by virtue of a questionable private contractual agreement that is a devise by real estate special interests to bypass constitutional government with its protections of the rights and freedoms of the people.

 

Learn about the history of HOAs, and the motivations of the orginal promoters of HOAs and of the national lobbying group currently promoting this privatization. Learn about the events, incidents and pro-HOA legislation over the past 44 years that continue to have an impact on the legal  and social fabric of America, and on the everyday lives of every American.

 

 

 New Book Announcement — Establishing the New America of independent HOA principalities

 For more information see Flyer

 


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Published in: on July 11, 2008 at 9:09 am  Comments (2)  

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  1. […] Homeowners exchanging property rights for HOA property values “When we first moved here this was like the wow factor,” said […] of his neighborhood in rural Denton County. “You see this beautiful community up in the middle of the country.”  (WFFA.com, Dallas/Ft worth, “Vanishing amenities create resident backlash at HOA“, June 2, 2009 ).    The attitudes by the homeowners in this story reflects that of the vast majority of those who bought into HOAs — to maintain property values.  It is the underlying fundamental principle as to why legislators will not undertake HOA reforms.  “You got what you asked for” seems to be the view of most state legislators.  So, even in the face of pervasive and open abuse and the flaunting of state laws, the legislators have succumbed to the industry lobbyist propaganda of “It’s just a handful of malcontents. Why change the laws?”    Most homeowners and advocates will find the following comments offensive.  But, based on my 10 years as an advocate and endless research into the issues, my comments are well founded in fact.   Until HOA reform advocates can focus on this strong argument for not changing the laws and attack the bogus contractual nature of CC&Rs, the unconscionable adhesion aspect of these CC&Rs, the state protection of HOAs that deny constitutional protections for homeowners, and the independent principality nature of these HOAs then nothing will be accomplished!  The ends – maintaining property values – does not justify the means – independent principalities where the people are not subject to constitutional protections.    Most advocates fear that HOAs, as a private form of contractual government, will disappear from the face of the earth even if subject to constitutional protections.  This will not happen –  see General Motors, the banks, etc.  However, to accept HOAs as is, and for state governments not to issue bona fide and effective warning advisories, is not to accept the Constitution and the American system of government for all peoples.  The Constitution is not all about contractual obligations, but to “establish justice, insure domestic tranquility, promote the general welfare. . . and to secure the blessings of liberty.”      Accepting authoritarian, private HOA regimes is to secede from the United States, and is a repudiation of American democracy and our cherished values of individual freedoms and liberties.    And all for the unsupported statements within the HOA constitution,  as the homeowners in this story have discovered, that do not even provide a promise to maintain property values (they contain a simple statement of an objective), or provide any guaranty regarding HOA performance, as would be expected in any legitimately negotiated contract.   For more info, see Exchanging individual property rights for property values. […]

  2. “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.” . . . . Benjamin Franklin


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