A Texas legislator bemoaned to the media the other day, “a decade and a half of lawmaker discussions with little progress.” Another called HOAs “at least quasigovernmental,” and that “the scales are still tilted to HOA protections.”
The Texas HOA Reform Coalition group wrote on March 19, 2011,
But remember what legislators say in public and how they vote can be different when push comes to shove. While legislators may feel more HOA reform is needed and say so publicly, in the end many legislators have other priorities they are unwilling to sacrifice in order to take a stand against the well-financed HOA lobbyists, lawyers, and more importantly the Texas builders who impose HOAs on subdivisions as a funding source. (Texas House Committee Lashes Out Against HOAs).
This is just one recent example of the reasons that HOA problems have continued for over 47 years, since the introduction of the “game plan” by the Urban land Institute in 1964 (See TB#50: The Mass Merchandising of HOAs by ULI). For over ten years homeowner rights advocates have appeared before the state legislatures and presented their just and legitimate grievances in the states with heavy concentrations of HOAs — Florida, Texas, Arizona, California — for naught. For over ten years advocates have “petitioned for redress in the most humble terms, our repeated petitions have been answered only by repeated injury.” (Decl. of Independ.). Now this social and political cancer has spread to such states as Montana, Washington, Alabama, North Carolina, Nevada, Colorado, and Pennsylvania to name a few.
The cause of the continued protection of these private, authoritarian governments that deny constitutional protections for homeowners, and are allowed to operate unaccountable to the state, can be laid before each and every state legislature. They and the individual legislators — excepting those too few individuals who had attempted to bring about much needed reforms, but who have attained very limited results against the strength of “the system” — cannot say in all honesty, “not me, him or them.” It is each of them who are accountable for the repudiation of our democratic system of government, much in the same manner that the German people succumbed to the National Socialist Party with its strident corporate supporters and were led astray. (See section 5 of, HOAs in America: the illusion of democracy in a dysfunctional republic).
It is well beyond the time for state legislators to see the reality before them and to make amends to the good people of their state. Information abounds in these various reform groups and on their internet web sites, available to those who truly seek a just and legitimate state government, and a local government answerable as all state entities are answerable to the Constitution. No more shall private contracts be used as a devise to subvert the Constitution and our democratic form of government for their own persona agendas.