Inequitable public policy supports HOA survival: pay assessments regardless, or else!

I have written about the inequities of adhesion contracts, of the surrender of rights and privileges by virtue of the “no need to see” constructive notice doctrine[i], of HOA foreclosure rights, of transfer fee demands on sellers, not new owners,  and of the mockery of due process with the empty requirements of only “an opportunity to be heard” by the HOA accusers.  In this writing, I call your attention to the “pay until you die” public policy in support of HOA survival.  No breaks for old age, retirement, medical bills and illness, or the common law right of offset arising out of a difference with the HOA regime.


[i] There are numerous instances, like these two cases, whereby the court makes new laws not reflected in the declaration “contract.”  The public has not been made aware of these interpretations and clarifications of additional contractual obligations, many of which are well beyond any reasonable expectations of contractual obligations at the time of purchase. This is a gross miscarriage of justice!

For the complete commentary see Pay or die.


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Published in: on February 21, 2010 at 8:42 am  Comments (2)  

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2 CommentsLeave a comment

  1. […] to provide the public with full and material disclosure of the factors that can have profound…Inequitable public policy supports HOA survival: pay …HOA Private Government (HOAGOV) is affiliated with Citizens for Constitutional Local Government. […]

  2. I have played a significant role in passing legislation giving Florida’s HOA’s the right to fly ‘The American Flag.’ I feel strongly there needs to be a citzen’s revolt to thwart these mindless zealots in other cases. A Marine had a lien and foreclosure placed on his home for his ‘violation;’ (Flying the American Flag) The Florida House of Representatives has awarded me a long over due invitation to write a “Homeowmer’s Bill of Rights.” Please send me detailed descriptions of unreasonable restrictions you experienced. I will submit them to the House for consideration.

    Herb Moody, Director: Glen Abbey Community Association, Inc.


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