HOA property lawyers do not reognize constitutional law

How  long will legislators continue to close their eyes to this betrayal of American values?  How long will they accept the personal agenda propaganda that HOA regimes are good for America, and that the people, of their own free will with explicit consent, agreed to be so governed and to have openly surrendered their individual rights and freedoms?  How long will they follow the path of these self-proclaimed property lawyer philosopher-kings, these legal-academic aristocrats, who believe that that have found the utopian society for land use?   And, in doing so, have subverted the US Constitution! 


I have written about the national lobbying group,  Community Associations Institute (CAI), a business trade group, that actively and vehemently opposes constitutional protections of homeowners’ rights.  I have also written about the comments of the property lawyer “legal-academic aristocrats”, the would-like-to-be philosopher-kings in the Restatement Third, Property: Servitudes, recommending that servitudes law should dominate constitutional law.


The California Law Review Commission (CLRC), in its planned rewrite of the Davis-Stirling Act that governs HOAs/condos, added Chapter 2, Member Bill of Rights, but it was a blank entry marked “reserved.”  Around that same time, 2006, Texas real estate lawyers sought to have Texas adopt a modified version of the national model of the Uniform Common Interest Ownership Act (UCIOA), called TUPCA in Texas.   


This writer, in 2007, called this proposed UCIOA bill of rights a mockery (UCIOA amendments: a pretend homeowners bill of rights).  With the above approach taken by these real estate-property philosopher-kings, it is not too surprising not to find any section in the 2008 UCIOA or UCIOBORA acts devoted to the unalienable Rights of the Homeowner, rights that no government, nor private contract, can remove; and which would  hold the association subject to the 14th Amendment as any other government entity is held.  Or a section on HOA prohibitions.  


Have these legislators ever thought about whether there exists an ideal HOA  constitution that is compatible with the Constitution?  Well, there can be, as I have explored in Part 1 – Is there an ideal HOA constitution?.


Read the complete Commentary, No Bill of Rights.

Published in: on October 17, 2009 at 3:14 pm  Leave a Comment  

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