HOA true believers and “truly hopefuls”: both accept un-American governments

For those who have read my classification of HOA true believers as neo-Americans, that is, those who truly believe in the legal, economic and social values and benefits of HOA-land — the New America — allow me to clarify my reference to neo-Americans with those whom I classify as “truly hopefuls.”

In contrast to the neo-Americans, there are many people, and allow be to generalize here, who simply like the perceived benefits of HOA living —  the amenities, the gardening  maintenance, and the “other guys’, the HOA, enforcement of rules that you personally don’t have to put up with.  Just complain to the board and let them do the enforcement. Yet, these homeowners also realize that life in an HOA is just not exactly the way they would like it to be, and on purely personal grounds, want some changes to the way the HOA does its business.  Change this rule, impose this new rule, etc.  In short, they agree to the basic design of the HOA government, and see no reason to make substantive changes to it.  Like make it accountable to the state via enforcement of HOA violations of the governing documents and state laws.  These people seem to be confused with the reality that the HOA is a form of government that regulates and controls the people within the planned community subdivision with the real estate “package”.

I classify these persons as “truly hopefuls”, because they truly hope that these non-fundamental changes will make the HOA a better place to live.  Truly hopeful that still, after some 45 years of problems and resistance by the legislatures and national lobbying group, CAI, these changes will indeed come about.

With respect to the above classifications, homeowners in both classifications need to understand that their support of the HOA legal scheme is an approval of an un-American form of government.  In contrast, my view has always been that the legal HOA scheme must be made subject to the US Constitution and Bill of Rights, as required of all other forms of political government in this country.  The real estate “package” of the planned community with its amenities can remain, and still be workable with respect to local voice of the community, but under the American system of democratic government.  In order for this to happen,

the HOA form of government must be abolished!

 

With this understanding that the HOA is a legal form of governance, our elected officials must accept the de facto reality that HOAs are indeed an un-American political government that control and regulate the people within  planned community subdivisions.  Our elected officials must refute the neo-American false arguments that HOAs are not governments, a self-serving argument to permit the special interest lobbyists to formulate, and to establish control over, the legal structure of this authoritarian government.  The HOA, not being subject to the Constitution and the 14th Amendment, denies citizens their privileges and immunities otherwise protected from all public government denials.  Our elected officials need to realize that the pro-HOA lobbyist position is an affront to and a rejection of our system of  government. 

Our elected officials need to understand that, in a rejection of individual rights and freedoms, the so-called HOA “contract” is actually imposed on the homeowner.   And that the argument “to remain living in the HOA is implied consent” is an inappropriate legal doctrine, applicable to the realm of non-contractual public government.  This “consent” lies outside the “contractual” conditions and covenants of the CC&RS!

the HOA form of government must be abolished!

 


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Published in: on December 6, 2009 at 8:34 am  Leave a Comment  

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