Mr. President: require all HOAs to be subject to the Constitution

By virtue of an unconscionable adhesion private contract favoring the subdivision developer and HOA board of directors, homeowners associations are allowed to deny constitutional protections and the application of the laws of the land. Over 20% of Americans, who are homeowners living in these private governments, live at the “suffrage of the board,” with state laws that do not punish board violations of the laws or of the governing HOA documents.

The alleged “consent to agree” fails all contract law requirements, and does not pass judicial scrutiny for such a waiver or surrender of one’s freedoms, liberties, immunities and privileges as a citizen of his state or as an American citizen. The selling process is ripe with misrepresentation, half-truths, and unspoken material facts about life in an HOA. There are no fair election laws or due process procedures for a fair and just hearing as are provided by public protections.

Foreclosure rights are granted to HOAs as an intimidation and punishment vehicle, and are not found anywhere else where corporations  do not advance hard cash as do banks or mortgage companies.  The HOA does not advance hard cash! A homeowner can lose all his equity for a debt less than 10% of the value of his equity. The foreclosure process is discriminatory against those who have high equity — those who have paid their mortgages and HOA dues for a very long time. It is only from these good people that the HOA can expect to obtain any payment of its debt, provided there is sufficient equity to make a payoff.

Are we united or are there two forms of political government within this great country?  If America is to remain a united people, it is time that the US prohibits the writing of private contracts, Declarations of CC&Rs, subject to common law servitudes in order to subvert the application of the US Constitution.  It is time that these private local governments be made subject to the US Constitution and stop being treated as independent principalities.

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Published in: on December 7, 2011 at 9:28 am  Comments (6)  
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6 CommentsLeave a comment

  1. We bought into our neighborhood almost 8yrs ago. Before the homes were built. We were the first to buy and move in. We had never lived in an HOA and assumed by the contract that it was to take care of the community area. Now almost 8yrs later after having almost nothing taken care of over the years though we paid yrly. The HOA has decided they want to start changing rules, making new rules. Harassing owners and giving the standard statements when asked why they are infringing on our rights “You should have come to meetings. You knew it was an HOA location. If you don’t like it, move. It’s well with in our rights.” I am amazed that this is allowed in the US. When I stated that there are City,State,Fed. laws that cover all their things. Including having to get permits to build. I had a board Bremen tell me that “with out their rules your neighbor could build a giant penis or swastika in his front yard and the city couldn’t do anything about it because it’s freedom of expression.” This is how these people think. They think so little of the community that if they don’t make extra rules then people will be doing offensive stuff. And they obviously have no respect for laws such as freedom of speech or expression. The more I deal with them the more I realize that it is them who must be stopped before they build a giant swastika.

  2. When you are a first time home buyer this is not the case, the information to make a good decision is never disclosed, I have lived in the same association for 6 years and information is still hidden from the residents, they are doing illegal things and who will help? Not the states attorney, it is your job to do her job and investigate, then turn it over to her, how about the attorney general, they have the power to come in and do an investigation and take over, will they, case study proves this has been done in one case in the state of Illinois. We the residents pay for the association lawyers, we the residents pay for the board membership into a trade organization called CAI, that teaches them to have more power over you the homeowner, but yet we can not hold them accountable for not abiding by their own governing documents, passing things illegally, changing rules right under the nose of the residents. Here is one for you, I obtained financial statements from the association under the law, well these statements showed at least $7,000 with no receipts to back it up, the receipts were printed on their letter head, no store receipts, to show proof where the money was being spent. We have the information, but no where to go with it, or at least no where to go that will help the situation. What do you think an IRS audit would do with this? Our association is single family homes that did forcible entry and detainer’s on 62 homes without even adopting the ruling that would allow them to do this, some resident got wind and blew the whistle, well they slipped the ruling in right under the homeowners nose that was not even aware that this was being done. I ask you if they had a lawsuit by those 62 who would pay the judgment? Residents who don’t do the research and this has taken me over 3 years, I probably no more than most boards, the average homeowner will never no this information until its to late. I also spoke to an insurance company regarding their master policies, that they say cover the residents in case of a lawsuit, well on single family homes that is not the case, it doesn’t work the same as a Condo, in the case above regarding the forcible entry & detainers, the association would have to list each individual house on their policy in this case 1800 homes to make sure they were covered to do forcible entry and rent out the property, do you know how much the premium on a policy like that would cost? The association still won’t submit a copy of the insurance policy. Do you think I knew they were not held by constitutional law, do you think any person would sign their rights away? Do you think I would ever live in an association ever again? That answer is no…never. There is to much corruption and miss management of funds. I always say a lawyers is only as smart as the information given by their client, if they are not truthful and submit all the information, then don’t blame them for loosing your case. In the case of associations the person buying is only as smart as the information given at the time of closing, we are never told that we are signing our rights away, we are never told that we have no protections under the constitution, we are never told that we will be harassed and treated like 2nd class citizens when we fit the bills, we are never told that we will be paying for the boards special perks and our assessments will exceed our taxes or our homes will be taken away for mere $100’s of dollars. This is a broken system and it needs to be fixed. Bottom Line!!! And by the way I live in an association a gated community the houses are selling for 20k and 45K and the surrounding areas are holding over the 100K-200k I thought living in a association guaranteed higher resale????? I call BS.

  3. The prevalent group-think out there is that “we don’t want any government interference.” A dogmatic belief in this view can be taken as a firm belief that your next door neighbor in your HOA will come to your aid and fight for truth and justice. I ask, ” Have they?”

    The only assistance that exists out there to help homeowners in HOAs is the enforcement of the Constitution with its protections and prohibitions on state governments, and that enforcement can only come from the federal government. That’s why we have a Constitution.

  4. I believe a solution to denial of access to due process by HOA residents would be a ‘HOA Court” to be set up a la the “Drug courts” in some areas of FL. Where our grievances could be heard and resolved by a judge without the high expense of hiring lawyers to litigate/sue. Since county governments allowed these “privatized” local governments (HOAs) to exist, it is their obligation to create a low-cost venue (court) where owners’ grievances may be heard and the offenders (boards or developers) made to remedy their offenses! Nobody should have the right to collect fees in perpetuity without answering for their failure to provide honest services in return for those fees! What say others? After all, our Constitution guarantees us our day in court to confront those who have harmed us!

  5. You can send this post as a petition to the President to take action. Go here for more info: http://www.change.org/petitions/require-homeowners-associations-hoas-to-be-subject-to-the-constitution

    (copy and paste)

  6. Knowing what the rules are in advance, my only question is: WHY would any intelligent person even consider signing up for a house in a HOA? Look somewhere else.


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