Can HOA boards effectively be removed?

One of those CAI educated, certified HOA property managers wrote in the Desert Sun this Nov. 15th urging homeowners to get involved. He wrote,

The general membership of the HOA is not asked to vote on most issues that the board of directors makes decisions on because the board was elected by the members within the community to act on their behalf.

That says it all.  A grant of broad powers as if the board were inded an elected public representative.  This is a generalized surrender of one’s private property rights, carte blanche.  And this failure to understand what was given away to the board, and the court’s broad interpretations of HOA powers, verging on communalism and “state” control of private assets, lies at the root of homeowner discontent.

 I just love these appeals to democratic processes in an authoritarian regime. First, the HOA board is a corporate form of government, and whoever heard that businesses were democratic. Just because there are some opportunities to vote doesn’t make HOAs democratic — see China or Cuba.

Second, other processes set into place in the public arena do not apply under the HOA constitution , the CC&Rs and bylaws. For example, fair election protections — board uses HOAs funds for “campaigning” while homeowners must use their own funds; equal access to the HOA newletter/website and community hall for meetings; access to the membership list in order to contact others.

Now, ask yourself why these democratic processes are not found in the HOA authoritarian regimes?

Published in: on November 15, 2008 at 7:23 am  Leave a Comment  

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