States Rights: the transfer of power from Washington to private government HOAs

I am pleased to hear the whispers of substantive issues regarding the institution of HOAs that undermine our democratic principles of government as found in this Washington Post article. Among the Christmas cards to one homeowner, a warning, Several state courts have ruled that by agreeing to abide by homeowners association rules, home buyers relinquish some constitutional rights,and who points out there are some limits on HOAs. But, I would like to clarify that these few rights had to be fought for in each state legislature on a piecemeal basis – restoring those rights taken away by the HOA declaration “agreement.”


The media must follow in this reporter’s footsteps and stop being an active participant in the Unspoken Alliance of “No Negatives About HOAs!” The media must understand that “States Rights” is nothing more than the transfer of political power from Washington to the state legislatures. State legislatures who, in turn, openly and eagerly support the transfer of political power to local private governments — homeowners associations — unanswerable to the US Constitution as required of all public forms of civil government.


These unrecognized, de facto governments hold power by the mere filing of a subdivision declaration of covenants, conditions and restrictions (CC&Rs), which is necessary and sufficient to bind unsuspecting home buyers. Declarations that bind without the need for the buyer to have read or to have explicitly signed-off on these relinquishments of constitutional rights, privileges and immunities, absent of any equal protection of the laws, and absent of any due process protections loss of life, liberty and property.


Perhaps we shall see a second effort by a number of states to amend and rewrite the Fourteenth Amendment to the Constitution, one that attempts to justify and defend this disgraceful state of affairs by a country once held in high esteem as the ideal democracy. This second amendment would sanction “chartered” private governments with their imposed, unconscionable adhesion agreements that provide for the carte blanche surrender of constitutional rights, and with their powers that include the loss of private property rights by the votes of others without the need for the consent of the affected homeowners. This amendment would legitimize these declarations of CC&Rs that do not recognize any “inalienable rights” at the time of purchase, and that permit ex post facto amendments to render the so-called sacrosanct declaration a meaningless pieces of paper. A travesty of our American democracy.


Who will stand up and fight for Lady Justice? Qui Pro Domina Justitia Sequitur (“who prosecutes on behalf of Lady Justice?“, DOJ seal). Who will defend and preserve our principles of democratic government?

Published in: on December 29, 2010 at 8:29 am  Comments (2)  
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2 CommentsLeave a comment

  1. And also fly in the face of the intent of our founders for “free use of land” barring any tort or other claim of direct damages from an ajacent property owner outside mere aesthetics.

    The law of servitudes is British law, not U.S. No man was meant in this country to be servant to his land, or for any outside interest to gain a “share” of his ownership without his express, not implied, consent. And land itself cannot be a party to any such “binding” agreement which passes on to subsequent owners without mutually agreeable negotiation as part of the terms of that original contract.

    There are so many abridgements of U.S. law and our Constitution included within almost all of those CC&Rs it is astounding!

  2. Well, what is lost is that the federal government and state governments have no Constitutional authority to transfer governmental functions to private “corporate” entities such as HOAs. None whatsoever. So any and all laws to the contrary, HOAs have been illegally given powers of government for which they have no legal right under our Constitution. Not without the “consent” of the governed in our founding documents so providing.

    End of story.

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