Ideological principles, not Constitutional principles, dominate HOA legislation

The problem I’ve found across state legislatures, and with the advocates, is that the advocates are either being too reasonable, thinking that the legislators are indeed on their side, or too fanatic, moaning and groaning that  “we wuz robbed!”  With all due respect to the advocacy leaders in Texas, unless the issue of , say foreclosure, is shown to be a gross injustice rather than a just bad choice of already granted to HOAs. Simply on the fact of a failure to fairly and properly disclose, as brought out by the woman at the Houston conference, there is gross injustice.  And, when state governments say nothing to warn buyers after hearing of these complaints, then it’s obvious that the legislators don’t care about homeowner rights, and there is gross injustice.


“In order to succeed, you must accept the world as it is and rise above it”


For years I believed that the legislators would standup and defend the Constitution and protect the fundamental values, beliefs and principles of our Founding Fathers.  And when they repeatedly failed to do so, preferring to defend HOAs under the flimsy arguments of a constructive notice and “continuing to live” as a consent to be governed, I realized other factors were at work.  Over the past few years my thoughts turned to the influence of political parties and the control they have over the individual legislators, the powerful committee assignments that can kill bills without a hearing, and party positions. The majority party has control over chairmanships and submitting bills for final vote, among other powers.


For example, in Arizona the Rules Committee Chairman killed several HOA reform bills on his own prerogative, or so it seemed.  But, his acts were not possible if he were to continue as an important person within the party if he did not follow his party’s wishes. One bill, back in 2004, did get past the chairmen but only as a result of the strong combined efforts of the bill’s sponsor, the active involvement of the media, an outspoken advocacy support.


If successful legislation is to be obtained, advocates must understand the political forces at work here in America, as demonstrated by the recent national political campaigns.  They also operate at the state level, too.  In short, the political parties have become identified with specific ideologies, and hold the obedience to their ideology before their allegiance to the country.  That is, party first, our party must win, defeat the other party’s ideas, do not defect or deviate from the party ideology.


The political system has evolved to a point where the vast majority of elected officials in each party feel comfortable only in advancing ideas acceptable to their core supporters — their ‘base”.  (The Second Civil War: How Extreme Partisanship Has Paralyzed Washington and Polarized America, Ronald Brownstein, Penguin Books, 2007).



As related to HOA issues, the parties, under the influence of the special interests and misguided public interest organizations on both sides, do very little to help the homeowner. (Recall the conservative Goldwater Institute flimsy, but ideological, position that homeowners have entered into a bona fide contract which must not be interfered with by the government). Party interests dominate over American democratic principles and values. Yes, advocates may find a sympathetic legislator, or fortunate to find a champion like Rep. Farnsworth in Arizona and Rep. Robaina in Florida, but they are far and few in between.  And they, too, must deal with their party leadership.


Advocates must meet the challenge to our American foundations and address their grievances to that level.  You cannot get anywhere with arguments that its “not nice” to require homeowners to do such and such, but must show that it is fundamentally wrong to permit such CC&Rs and restrictions.  The party leadership must be shown that their positions are not what the people want, and that they are not good for America.  The party leadership must be asked if it stands for authoritarian regimes that deny individual rights under CC&R constitutions that lack protections of individual rights and freedoms. Do these party leaders believe that the repression of fundamental freedoms to achieve their vision of a landscaped American is good public policy, or is it serving to establish a New America.  Surely, establishing a landscaped American can be achieved in a fair and democratic manner without suppressing individual rights and freedoms. (See Establishing the New America of independent HOA principalities,


These onerous provisions only serve to unjustly punish homeowners who are without adequate due process protections.  If legislators want these oppressive statutes, then give the homeowners sufficient laws to protect their individual rights.




A second issue with getting substantive legislation is the focus on personal problems.  Why is so much discussion taking place at this level? Because it reflects the extent to which homeowners do not understand what they have supposedly, freely and with full understanding, agreed to when buying into an HOA.  (Sadly, there have been no legislative arguments protesting this freely consented contractual  view homeowner agreement). 


Much of the personal problems brought out at this meeting, at similarly at the Florida homeowners conference, fail to focus on the broader picture that emphasizes the adhesion contact nature of the CC&Rs.  Again, with all due respect to these advocate leaders, the answer lies in 1) proper and complete disclosure and 2) the protection of individual rights that both political parties claim to favor, but somehow avoid or distort when it comes to homeowners living in HOAs.


As described in The Second Civil War, even the party’s “true believer’s”, the ideologues, are answerable to the public, the voters, if they people rally together and make their voices heard loud a clear.  The Houston conference, and those in other states serve a valid purpose. However, will lose any impact unless homeowners make their voices heard loud and clear.  Internet campaigns to the legislators are required, along with strong presence before the hearing committees.  


It’s up to you, the individual homeowner, to protect your fundamental rights and freedoms.

Published in: on November 10, 2008 at 4:22 pm  Comments (4)  

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4 CommentsLeave a comment

  1. […] [2] Ideological principles, not Constitutional principles, dominate HOA legislation. […]

  2. […] [Comments for HOA Constitutional Government] Comment on Ideological principles, not Constitutional p… […]

  3. Mandatory non-negotiable contracts created by the states for all new housing = enforced socialism, not freely entered into negotiable contracts…..even bank loans as “boilerplate” and adhesive as they have become have more play in them….at least the payment rate is negotiable initially….land as a nonhuman can’t hold a contract to begin with. Servitudes (slavery) is borrowed British law, not U.S.

    Government….socialism. No “jury” trials. No procedures for appeals to higher authority, such as the city who signed off on these with developers without checking the charters for “constitutionality.”

    In essence, “big brother” next door with lien and seizure rights to your property, and what person in their right mind would agree to “socialized” land ownership, thus why no adequate or sufficient disclosure, no realtor could “sell” a home in this manner as home “ownership” rather than simply a very, very restrictive “use” right with absolutely no protection for the user… American I know.

    Land fraud, actually.

  4. The HOA legal scheme has generated a New America in which the people have no concern, no compassion, for the status and fate of others, in particular, the less fortunate. This follows from an ideology that treasures self-interests, especially monetary self-interests, over building a vibrant and harmonious society, a responsible community.

    HOA boards, and legislators who see no evil, caste off the unfortunate members of its society, its community, as primitive societies have done in the past. However, such disregard for those in these primitive societies focused on the survival of the society. Those who could not contribute and were a “drag” on society, were caste off to die alone.

    Today, the HOA boards are now facing their own ideology facing them square in their face — nobody really cares about their survival in this recession where HOA assessments have fallen off drastically. Not even those who have, as it has been argued by the pro-HOA partisans, who openly and freely choose the HOA form of government — the members themselves. In strict conformity to their principles of self-interest first, however, HOA members apparently do not care about the survival of their HOA, and have refused to pony-up the necessary money for its survival.

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