Proposed “consent to be governed” statute, the “Truth in HOAs” bill


No provision of any contract or any declaration of covenants, conditions, and restrictions . . . is enforceable in this state unless the party seeking to enforce the provision proves by clear and convincing evidence that 1) the provision being enforced was knowingly and voluntarily agreed to by all parties . . . . Any representation or statement offered as clear and convincing evidence . . . shall include a signed statement containing the following, beginning with “I understand that I can ask that the following be read and explained to my satisfaction.“

So reads an excerpt from my proposed “Truth in HOAs” statute that should be made law in each and every state. That is, if indeed the legislature stands by the Declaration of Independence and the US Constitution, which we are hearing so much about in the media nowadays. We know that CAI is opposed to such constitutional protections for members in HOAs, as the record shows in their NJ Twin Rivers appellate amicus brief. But, it is time for the legislators to “man up” and protect the people from harm inflicted by special interest groups. There is no necessary and compelling need for legislatures to deny the homeowner his rights, freedoms, privileges and immunities as a citizen of his state and of this country.

Read the complete proposed Truth in HOAs statute.

See also Public policy protects HOA principalities,

Calif. opinion: CC&Rs and surrender of constitutional rights

Published in: on March 17, 2011 at 8:06 am  Comments (6)  
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6 CommentsLeave a comment

  1. […] See “Consent to be governed, No. 4,” HOA Common Sense: rejecting private government;  Proposed “consent to be governed” statute, the “Truth in HOAs” bill; and court examines consent and surrender of rights in […]

  2. […] against real estate agents), and the failure of state legislatures to uphold constitutional rights (Proposed “consent to be governed” statute, the “Truth in HOAs” bill).  One can conclude that the HOA institution is basically corrupt (as defined: impairment of […]

  3. […] that serves as a notice and warning of what HOA life is really about. (See, Appendix A, Model Consent to be Governed Disclosure Bill). I am not objecting to that real estate “package” of benefits, but to the form and nature of […]

  4. The legislators must enact such laws to end the rain of financial terrorism wrought by the bad religion called HOA (covenants such as “thou shalt not put solar panels on thy roof tops or anyplace visible”). Plunder has become a way of life for HOA loyalists…we’ve been fooled by these evildoers and it’s time that the legislators stomp out this disease by declaring the fraud of their “manufactured consent” to HOA governance.

    “When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it.” -Frederic Bastiat

  5. Yes, CAI would oppose it vehemently, but not in public. It becomes the task of advocates to publicize any CAI opposition that they come across, from CAI memos, newsletters, emails, etc. CAI must “spread the word” of opposition and that’s where we must be alert to confront their arguments.

    Also, if legislators strongly oppose this bill, it means that CAI has their ear, and they now become objects of advocate confrontation with respect to upholding the Constitution.

  6. Yes, It absolutely SHOULD be adopted as law in each and every state. But good luck sliding it past the rabid CAI watchdogs since it would tend to severly impede the flow of innocent homeowner victims (ie. sheep) into the special ‘pens’ they call ‘Master Planned Communities’ – to await their fleecing at the HOA Board’s leisure and to the HOA Attorney’s grand financial boon.

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