Obama acceptance speech as applied to homeowner associations

I have taken excerpts from Senator Obama’s acceptance speech and applied them to the HOA regime.  The intent is not related to any political party position, but the content of the message.

 

 

1.  Obama. speaking about White House policy:

Out of work? Tough luck. No health care? The market will fix it. Born into poverty? Pull yourself up by your own bootstraps – even if you don’t have boots. You’re on your own. . . . It’s time for us to change America.

1.  HOA comment

Yes, homeowners living in HOAs are on their own.  It is an inescapable fact.  HOAs are unaccountable to the state government and are allowed to function in ways that would not be permitted by a de jure state entity.  While homeowners are subject to financial penalties and loss of their home for amounts that are usually less than 10% of their home value, board members are not penalized with substantial fines, jail sentences, or restrictions on holding board positions. 

Such a laissez-faire policy is a statement of public policy, a policy that says HOA violation of the laws and permits the implicit surrender of constitutional rights and freedoms, that is good for the general interests of the public.

And yes, it is time for a change, to remove the failure to protect homeowners and to apply constitutional rights and freedoms.

 

2.  Obama, on “The Promise of America”:

What is that promise? It’s a promise that says each of us has the freedom to make of our own lives what we will, but that we also have the obligation to treat each other with dignity and respect. . . . Ours is a promise that says government cannot solve all our problems, but what it should do is that which we cannot do for ourselves – protect us from harm . . . .  Our government should work for us, not against us. It should help us, not hurt us.

Individual responsibility and mutual responsibility – that’s the essence of America’s promise.

2.  HOA comment

The state acts as a banana republic, seeing no evil, hearing no evil and speaking no evil.  Such behavior reflects a favoritism for HOAs and an unconstitutional disregard for the rights of the people.  While there are laws regulating truth in lending, truth in advertising, equal opportunity employment, fair housing, etc, there are no equivalent laws to protect homeowners in HOAs.    In fact, there are not even any warning or advisory notices from state consumer agencies in order for homeowners to understand not only their obligations, but their loss of rights when living in an HOA.  And, the state disclosure laws are a miserable failure considering the absence of any warnings relating to the loss of one’s rights. 

The de facto approval of one group, the HOA, harming its very own owners and members, reflects a failure of the state legislatures.  The state has failed miserably in its duty to protect one faction against another, to use its appropriate police powers, which is necessary for the proper functioning of a democracy.

Instead of creating harmonious and vibrant communities, HOA regimes create a divisive and hostile community environment where neighbors spy on neighbors, where neighbors distrust and believe that other neighbors will deliberately destroy the community and lower their own property values, where the mantra of “maintaining property values” is the only objective of the HOA.  It is not required, as evidenced by the absence of any such “contractual” provisions in the CC&Rs, and exclusion from constitutional protections, to be fair, just, compassionate, or charitable.

 

 

3.  Obama, speaking of what America has lost

What has also been lost is our sense of common purpose – our sense of higher purpose. And that’s what we have to restore. . . . Now is the time . . . .

 

3.  HOA comment

 

This public policy toward a preference for private HOA government, reflected in unconstitutional special laws for special private organizations,  is a privatization not of some government services, such as trash removal or water electricity, but of the very function of government itself.  This privatization without the protection and application of the US Constitution and Bill of Rights is establishing a New America of independent HOA principalities.

 

Now is the time to stop the spread of private governments protected by legislatures catering to the special interests. Now is the time to restore the America of our Founding Fathers that, under current HOA public policy, is rapidly becoming a myth.

 

 

More information can be found in the new book release, Establishing the New America of independent HOA principalities.  See PVTGOV.

 


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Published in: on August 30, 2008 at 9:02 am  Comments (1)  

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One CommentLeave a comment

  1. Great article, George. I hope the Obama phenomeno gives all of you advocates in AZ the wind (inspiration) to organize a “surge” and do away withe the disgraceful HOA system.
    Carmen
    (Please take note of my new SKYPE number, which will remain the same whereever we go, and it will always be a local call for you: 1 505 908 9291)


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