Call for HOA action: “Occupy Wall Street” vs. Occupy the Legislature

“Occupy Wall Street”! What a way to get attention! How about an “Occupy the Legislature” demonstration against unjust and unfair HOA foreclosures with their intimidation, threats, and cruel and unusual punishment? In every state — especially Florida, Nevada, Arizona, Texas and California.

The pro-HOA supporters’ reason for the need for foreclosure rights can be found in the defective HOA legal scheme that is similar to a partnership. In partnerships there are a limited number of financial supporters, the owners, who are jointly and severally responsible for all the HOA debts — those with the money pay for those without the money. A legality. And like a privately held small business, the financial base is relatively small and limited to the homeowners who have very little practical means to escape their obligations by leaving the HOA.

Those who feel that foreclosure is needed need to ask themselves, Does the means justify the end? An “I don’t care” response is unacceptable, and legitimizes the authoritarian HOA government. Foreclosure is a special law for a special group that violates state constitutions — the equal protection of the laws, special laws for private organizations, and “color of law” constitutional violations. No state has declared its intent or purpose for the statutes – they wouldn’t dare – that justifies a legitimate government interest that can withstand judicial review of the statute. And that review is a strict review that looks to a necessary and compelling reason to deprive citizens of their rights.

And remember, there is that huge cloud hanging over the genuine and freely given, after full knowledge of all the material facts, consent to the CC&Rs. CC&Rs, a real estate doctrine based on equitable servitudes and not constitutional law, do not legally require an explicit signature or explicit surrender or waiver of constitutional rights, or for a bona fide consent to be governed by the de facto HOA political government.

Homeowners must let go of their irrational fears that the HOA would be shut down. They must stop their blind adherence to the CAI chant of “no government intervention” that really is a belief that HOA governments, unaccountable to the Constitution and state governments, are far better than public government with its police powers to protect citizens from abuse by other citizens.

An Occupy the Legislature movement is a grass roots, ground level action. It must come from local homeowners organized under local leadership, behind a fixed purpose. And right now, “Stop HOA foreclosures” is a very appropriate mission.

See HOA foreclosures:  will the real CAI stand up

Advertisements

The URI to TrackBack this entry is: https://pvtgov.wordpress.com/2011/10/30/call-for-hoa-action-occupy-wall-street-vs-occupy-the-legislature/trackback/

RSS feed for comments on this post.

6 CommentsLeave a comment

  1. […] The pro-HOA supporters’ reason for the need for foreclosure rights can be found in the defective HOA legal scheme that is similar to a partnership. In partnerships there are a limited number of financial supporters, the owners, who are jointly and severally responsible for all the HOA debts — those with the money pay for those without the money. A legality. And like a privately held small business, the financial base is relatively small and limited to the homeowners who have very little practical means to escape their obligations by leaving the HOA. (Call for HOA action: “Occupy Wall Street” vs. Occupy the Legislature). […]

  2. Occupy Wall Street vs. Occupy the Legislature, A movememt like this is needed ASAP, for SC & NC the corruption is big. We need protest marches until HOAs reforms become a reality..

    THIS REGIME COULD NOT EXIST IN THE 21st Century. We need help in organizing the groups. Anni

  3. Just a bad play of words on ‘Arab Spring’…With the power of the Internet I’m amazed strong HOA Reforms have not yet become commonplace. I believe it will require protest marches to get the necessary measures passed.

  4. Unregulated HOA Board’s are simply the new white sheet of anonymity that bigots/racists seek to hide behind to achieve their goals. They are totally unregulated. When you are singled out by an HOA, you have no where to turn, not even the Court system. However, HOA’s cannot violate Federal Fair Housing laws without having to take responsibility for their choices.

  5. Wonderful Idea! How about HOA Winter? Enough of the unfair advantages the CAI has bought thru lobbyists while abusing the private homeowner.

    • I must have missed it. What is HOA Winter?


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s