The North Carolina Select House HOA Committee scheduled a meeting for Nov. 16, as stated by a NC Legislative Assistant,
The meeting notice indicates that the House Committee will “hear from legal and academic experts on matters pertaining to Homeowners Associations. Commentary from the public is also welcome.”
In response, I sent the committee co-chairs, among other issues, my frequently asked, but unanswered, questions:
I ask the legislators, the public interest organizations and policy makers to consider the following questions:
1. Is it proper for the state to create, permit, encourage, support or defend a form of local government of a community of people, whether that form of government is established as a municipal corporation or as a private organization that is not compatible with our American system of government?
2. Is it proper for the state to permit the existence of private quasi-governments with contractual “constitutions” that regulate and control the behavior of citizens without the same due process and equal protection clauses of the 14th Amendment; that do not conform to the state’s municipal charter or incorporation requirements; or do not provide for the same compliance with the state’s Constitution, statutes or administrative code as required by public local government entities?
3. When did “whatever the people privately contract” dominate the protections of the US Constitution? The New Jersey Appeals Court didn’t think so. Does “constructive notice”, the “nailing to the wall”, the medieval method of notice, measure up to the requisite level of notice and informed consent to permit the loss of Constitutional protections?
4. Please state what, if any, are the government’s interests in supporting HOAs that deny the people their constitutional rights?
I await your reply, or a reply from any of the legal-academic aristocrats.
The response from the committee later that day was,
The agenda for tomorrow’s meeting has changed, and instead of the legal and academic experts, it will be Research Staff from the General Assembly who are presenting information on past actions dealing with homeowner’s associations. There is NO public comment tomorrow.
There you go again! No one, including all those so called public interest nonprofits who claim that they are fighting for individual rights, has dared answered these questions. Welcome to the New America of HOA-Land.