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.