Obstacles to substantive HOA reform legislation

What comes out loud and clear, from the Arizona senatorial debate (Arizona Senators debate HOA legal status), as obstacles to substantive HOA reform legislation is the dogmatic belief by many in the righteousness of the HOA legal scheme. That the will of the people shall be allowed to prevail, without restraint of any kind, over the supreme law of the land.

Until advocates can reconcile their belief in the benefits of their HOA with the need for substantive HOA reform legislation, what can they expect of others? And that requires not surrendering to the irrational fear of losing their HOA, as pro-HOA supporters find useful to prevent necessary reforms.

Until advocates are able to get the policy makers, the legislators, to reconcile their belief in the benefits of HOAs with the need to rewrite the HOA legal concept, there will be no substantive reforms. And advocates will return year after year with their “petitions for redress” only to have their petitions “answered only by repeated injury.”

But first, they must look inward, toward themselves.

Published in: on February 2, 2012 at 1:04 pm  Comments (3)  
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  1. Any HOA reform that continues to recognize the legitimacy of an HOA that can foreclose upon a homeowner for assessments is doomed to failure. Americans should not be required to prostrate themselves before an HOA’s board of directors in the hopes that they are thrown a scrap of dignity.

    “Those who wished to end slavery, for example, worked for many years collecting information, refining their analysis, and debating among themselves. They came to understand the issue as one of human rights and that the whole institution of slavery was fundamentally wrong. They didn’t come up with a Slavery Regulatory Agency or voluntary codes of conduct for slave owners. They called themselves Abolitionists — the whole thing had to go.”
    – Molly Morgan and Jan Edwards. “Abolish Corporate Personhood

    Even though he knows that HOAs are an unsustainable and unworkable system, Evan McKenzie has stated that HOAs should retain the right to foreclose, and that abolition is a “totally irresponsible position that would cause millions of current owners to suffer great financial hardship.

    It’s as though Martin Luther King Jr. stood on the steps of the Lincoln Memorial and proclaimed that he had a dream that the “equal” provision of Plessy v Ferguson (“separate but equal”) would one day be enforced. Or Ronald Reagan went to Berlin and demanded “Mr. Gorbachev, lower this wall by five feet!”

    In the end, of course, slavery was abolished by violence. Let’s hope that it doesn’t come to that to protect the rights of homeowners.

  2. “Union power, gained by legislation, even without physical violence, is still violence. The laborer gains legal force over the employer.”
    -Ron Paul on labor unions
    quoted in The Fiscal Times (December 16, 2011)

    The same can be said about HOA corporate power over homeowners.

    Read Ron Paul’s position on labor unions at


    but change “labor union ” to “HOA corporation”, “worker” to “homeowner”, and “$8 billion every year” to “$50 billion every year”, and you have an accurate description of the plight that homeowners in HOAs are dealing with on a daily basis.

    Labor unions can “only” hold a worker’s job hostage, whereas the endless obligations of a homeowner to an HOA corporation are secured with the homeowner’s personal assets, up to and including the homeowner’s home. An individual’s home is forever collateral to whatever debts and liabilities the HOA corporation creates. At the core, this is the legal concept of HOAs.

    While Democrats and Republicans make an issue of the 15 million American workers belonging to labor unions, both parties have ignored the plight of the 60 million Americans governed by 300,000 defective corporations.

  3. Yes, first they must look inward toward themselves.

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