Homeowner rights in HOAs: decided on a one-by-one basis

Today’s public policy does indeed allow for the secession from local governments by HOAs.  As private contractual organizations acting as de facto governments, the restrictions and prohibitions, and the permissions, freedoms and rights contained in the US Constitution and Bill of Rights do not apply to these HOA private government regimes.  Nor are there any state laws to generally apply state constitutions and laws to HOAs.


What applies to HOAs are only specific laws and court decisions, such as those granting some homeowner protections, and those restricting their rights to less than what is provided under state laws and municipal ordinances.  Examples are: to fly the American flag, to park cars on public streets, or to place signs on their private property.


Further lack of important democratic protections include the lack of an independent tribunal, for example, to issue “search warrants” or to sign/approve “criminal charges” – issue fines under reasonable cause. There is no legal justification or authority for the HOA board of directors, or some vaguely worded ACC committee, to consider the rights and freedoms of the homeowner. This is simply because they have no such rights under their “constitutions, the CC&Rs, and state governments have failed to insure that these private constitutions protect their rights and freedoms under the laws of the land.  Any other alleged homeowner rights would require, in the absence of specific statutes, the courts to determine whether or not they are entitled to such rights.


Yet, the special interests, including the national lobbyist Community Associations Institute, the assocaiations of HOA boards, and the associations of management firms or HOA attorneys, all favor the status quo.  The only exception is the CAI promotion of the national adoption of the onerous and repressive Uniform Common Interest Ownership Act (UCIOA) model for state laws, which serves to strengthen these independent principalities.  UCIOA does not contain a homeowners’ bill of rights either.


The application of specific laws to protect and support private organizations that govern the people within a subdivision territory, in pursuit of maintaining property values, only serve to establish a New America of independent HOA principalities. They must be found to be a wrongful application and violation of the US Constitution and Bill of Rights.


Read more about The New America of Independent HOA Principailities.




Published in: on August 1, 2008 at 10:45 am  Leave a Comment  

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