HOA uses ‘lost your rights’ to obtain compliance

In this time of a presidential campaign with pronouncements of democracy and socialism, of centralized government and individual rights, and of support for corporations and a failure to help homeowners, I’d like to congratulate the L.A. Times and the Associations columnists, Vanitzian and Glassman, for their timely article concerning the rights of homeowners in HOAs/CIDs — “Obeying rules doesn’t mean yielding rights.”


In response to the writer’s statement about the board’s “nebulous lectures about ‘rights'”, the columnists’ reply is right on target: “Owners don’t give up any of their individual rights or liberties . . . when they purchase . . . ” a home in an HOA.  The surrender of one’s rights has always required an explicit consent to a specific right, and any generalized assertion of a loss of rights by the “central government”, the HOA board, is an arrogant assumption of wrongful powers. 


We are still in America, aren’t we?  Are we not talking about a government under contract, the HOA, and not a public government?  How dare the board ascribe attributes of public government to the HOA when there is a contract that specifies the duties, responsibilities and rights of all parties.  Does an absence of the surrender of a right mean that the board can usurp that right?  Contracts cannot  be modified without the consent of the other party.  The contract is meaningless when a socialistic “greater benefit” is allowed to deny the written contract.


Are we still a country under the rule of law, or under the rule of man?  Are HOAs free to do as they please in total disregard of the rights, privileges and immunities as stated by the supreme law of the land.  Has the Constitution been replaced by the property laws governing HOAs?


Apparently the California Law Review Commission (CLRC), a state agency, believes so when it recommended a rewrite of the CID statutes, the Davis-Stirling Act,  this year –  see SB1921.  CLRC didn’t feel it necessary under its duty to support the Constitution, and submitted a blank Chapter 2, “Member Bill of Rights”. (It was defeated for other reasons not related to protecting homeowner rights under the US and California constitutions).  My criticism can be found at CLRC.



Published in: on October 12, 2008 at 8:27 am  Leave a Comment  

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