HOA Advisory Notice: “You are on your own”

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. James Madison, The Federalist Papers, No. 51.

HOAs currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments. Prof. Evan McKenzie, Privatopia.

In my 9 plus years as a homeowner rights advocate with many appearances before the Arizona legislative committees, and before committees in other states,
 

 

the legislators have repeatedly refused to protect homeowners living in homeowners associations.

  

In general, they feel that the homeowner was fully informed and willingly accepted everything and all actions of the HOA board and officers. They have repeatedly rejected legislation to hold the HOA accountable to the state as a matter of good public policy, justice and the equal treatment of all citizens. They have repeatedly rejected punitive enforcement against HOA board violations of existing state laws, as is the generally accepted practice in the public arena, to serve as deterrents for such future actions by the HOA, or other HOAs; they have rejected bona fide fair trial due process hearings of HOA complaints by an independent tribunal where evidence must be presented and witnessed and accusers available for questioning.
 

 

They continue to believe, in the face of repeated abuse, that homeowners are not disadvantaged in attaining justice, and that the alleged benefits of HOA living outweigh any loss of rights or in equal justice under the law.

  

 

The Attorney General, also, with authority to act on consumer complaints relating to real estate, has repeatedly refused to act to protect homeowners against abusive HOAs.
Your government believes that the overriding objective of the US Constitution is “no contract interference with HOAs” and that all other protections and prohibitions are of secondary concern.
  

Therefore, the homeowner is at the sufferance of the HOA board and of his fellow neighbors who allow such abuse to continue, without any effective means to attain equal justice under the law. 

There is no motivation for an HOA not to violate the laws and governing documents

 

  

because the legislature has allowed the HOA to do so, for all intents and purposes, with impunity.
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Published in: on April 26, 2009 at 11:35 am  Comments (5)  

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  1. What is exposed here is all true. My HOA and its lawyers are abusive and corrupt. My HOA denied repair to the obvious structural damage to my balcony although I paid on time $12k for the repair purpose. They lied blatantly and repeatedly and refused to let me inspect certain HOA financial records to verify their claims of expenses,and refused to give me a written promise for future repair. More than 2 years later, only at the trial, the HOA revealed that my was about to be repaired. But I was not allowed to show the evidence of the condition of my balcony and to expose their lies and bad faith. I was deprived of trial by jury, and the court allowed my attorney to abandon me four days before the trial date origianlly scheduled. I was not able to find any attorney willing to represent me for the trial.For the repair the HOA owed me, the court imposed $108k penalty on me. I am appealing but the attorney once gave me some hope before is now unwilling to help me. The material he submitted for the appeal is even less than what was entered as evidence at the trial. I am afraid that I may not have any chance for retail or rehearing. I feel very helpless.

  2. It would seem that the only way to fight HOAs is to own a home that is not involved with one. I know many people who live in HOAs. Some are pleased with how their organization works, others are not. I would think if you’re in a community that supports an HOA, become active & show an interest with the HOA. If you don’t, then stay at home and become a victim. Personally, I would not knowingly move into a neighborhood that was governed by an HOA. I would imagine that if HOAs were really as bad as some say they are, then people would move out of the HOA neighborhood and no one would take their place. People would walk away from their homes leaving them vacant and lending institutions would get involved forcing HOAs to change their CC&Rs. If neighborhoods became neighborhoods again, where you knew, met & talked with the neighbors, then you wouldn’t have some faceless, heartless entity demanding you keep your visible yard clean. You’d have your neighbor, a friend perhaps, asking if you needed help taking care of ‘things’.

  3. This ALL is exactly what I have been trying to accomplish for the last four years! To provide a way for ALL Americans to “Have A Say In Their HOA”! Even with a corrupt HOA Manager and Board of Directors! Any homeowner within any HOA in the country can do what I am doing….and I hope soon to finish my website showing “Step-By-Step” just how to accomplish this for less than $300 a year…….for ANY size community, from 300 to 300 Thousand Home Owners! A website/message Board is one definite ‘way’ to shed some light on an otherwise non-transparent HOA Mgr and Board Members!

  4. I am so sorry to hear of this loss!!!! i can not believe that legislators can’t see what is going on. No one should have the kind of power over our lives that boards do without due process!

    why is it that we all have to obey state law except board members? I simply do not get this abdication of protecting citizens by government officials when it comes to HOAs. we need an attorney who was in the CAI, recognized that organization for what it really is and does penance by agreeing to represent us to lawmakers around the country–exposure–

    why didn’t the public wake up after the 20/20 presentation? I will continue to support HOA reform and the abolishment of CAI in any way I can.

  5. Here’s a warning I suggest be made part of all Mandatory Association closing documents:

    WARNING: By acceptance of the deed to this property you waive all constitutional rights and protections in exchange for agreeing to accept “the governing documents and all future revisions of the CC&Rs” as your form of government. This is a Mandatory Association Foreclosing in America (acronym MAFIA). You must pay on time every due payment else you shall be foreclosed upon within 30 days. The board is heartless and cold when it comes to dues payments and is non-wavering in this policy. Also, you agree to strict adherence to the governing documents that can be changed without your consent in the future. All checks made payable to the association shall have “MAFIA DUES” written in the memo section as an acknowledgment and agreement to this condition: waiver of all rights, and hereby voluntarily surrender those rights as long as you shall own this property. ____________ (initial here)


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