The impact of ideology on the HOA legal scheme

Excerpts from the complete commentary –

Those who paid close attention to the presidential campaigns bore witness to this strict partisan politics of ideology vs. the good of the country, where the party must win at all costs, and their “the politics is war” mentality.  Arguments and statements were made to advance one’s position that seemed to lack any rational or pragmatic basis — just beat the other side! 

On the national level, again, we see public interest organizations like the Institute for Justice and The Goldwater Institute proclaiming their ideology of no government interference with private property rights.  But, they only see abuse with respect to eminent domain issues and are blind to HOA abuse, where issues of government interference and support of private organizations are not seen as a constitutional issues. 

I could not miss the similarities in position with respect to private government HOA regimes that deny constitutional protections of equal application of the laws and of due process.  Aren’t these constitutional issues under the Fourteenth Amendment?  Isn’t government interference a constitutional issue under Art I, sec. 10? 

Many homeowners had written the AG’s office over the years seeking consumer protection assistance, only to be told that they should get appropriate legislation in order for the AG to act.  With this refusal to appeal, the Attorney General is now helping to establish the New America.  

Qui Pro Domina Justitia Sequitur  (“who prosecutes on behalf of Lady Justice?“, DOJ seal)

This conclusion admits to a New America under the rule of man, and not of law, where the purpose of local government is the adherence to an imposed top-down legal scheme. A legal scheme where concern for urban landscaping is first and foremost and superior to the America values of individual property rights and freedoms. 

Read the complete commentary here . . .

Published in: on November 23, 2008 at 6:02 pm  Comments (1)  

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  1. […] public interest organizations fail to recognize the denial of individual liberties by HOAs. (See The impact of ideology on the HOA legal scheme).   For a discussion of my Second American Experiment Commentary of July 21, 2008, see Homeowners […]

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