In HOA-Land, Halloween is verboten!

Texas Neighborhood Tells Family to Remove Halloween Sign From Yard.

This is one very serious aspect of how HOAs have redefined the American community, not only its landscaping aesthetics, but America’s social and political customs, traditions, and system of government. And all made possible by cooperative and biased state legislatures and courts that uphold the CC&Rs as if they were a contract, yet fail to apply “Contract Law 101” to these supposedly valid contracts.

The application of contract law, and constitutional law, would immediately invalidate the CC&Rs and the legal HOA scheme based on the seminal Homes Association Handbook of 1964.

Welcome to the New America of HOA-Land.

Published in: on October 26, 2011 at 2:50 pm  Comments (4)  
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4 CommentsLeave a comment

  1. Anyone interested in ‘HOA Spring’? I’d march…

  2. Sue, It sounds like maybe you have one of the few nice HOAs. Unfortunately, my family and thousands of others have only had contact with the batsh*t crazy and $$$ abusive ones, absolutely miserable to live in and not worth having the huge risk to your finances, mental health and in some cases, your physical health. But thanks to the Internet especially, many of us ‘burnt’ people are committed to spreading the word, and making sure as few people as possible fall down the HOA rabbit hole! Unless and Until they are strictly regulated or at least have some legislative limits and sanctions to reign
    in the worst of the perpetrators

  3. It is HOA’s like this that give us a bad name. I am president of my HOA. Not only do we allow holiday decorations, we have contests for the best decorations. We give out three prizes (1st, 2nd, and 3rd place) along with a monetary gift. Our neighborhood looks awesome at Christmas! We had three homeowners show up at our annual meeting last night. No complaints, just wanted to tell us how good the neighborhood looks and to thank us for doing such a good job and working with the homeowners to resolve any issues. Those gestapo HOA’s and management compaines are going to ruin it for all of us!

    • Well said.

      First, it’s the failure of the national lobbying organization, CAI, to step up and truly educate the boards and management companies about community government. Rather, they have adopted an adversarial approach — generates more income What happy, contented HOA needs an attorney?

      Second, the very nature of the HOA legal scheme — concept — is an adhesion contract sold with misrepresentations and false advertisements. The courts have adopted the holding that CC&Rs are contracts, but fail to apply Contract Law 101 to the CC&Rs to protect the homeowners. SImply put, in reply to Sue, the homeowners live at the suffrage of the board, because they have very little real power to make changes. It would be like a recall of the US President. In your HOA, the board is a “beneficent king,” while many others have dictatorships. The beneficial king condition can change at any time, especially, as my experience clearly shows from homeowner complaints, it’s when a new board or attorney moves in and takes control of the HOA.

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