This is another HOA Enlightenment Movement article on speaking frankly and openly about HOA abuse, about common sense and reasonableness, about the rejection of the HOA attorney insistence on CC&Rs enforcement uber alles, and about legal decisions concerning the rights, freedoms, privileges and immunities of those living in HOAs who have not surrendered their US citizenship. The fact that the media are publishing more and more about “the Truth in HOAs” signals the twilight of the unspoken alliance of “No Negatives About HOAs.” It’s about time!
I congratulate the author, Eve Samples, for spreading the word about this event where it cost an HOA $250,000 in legal fees over a homeowner’s screen doors. I congratulate Martin County, FL Judge Roberts for her perspective that returns America to the people and not defend these usurper HOA private governments. I congratulate TCPalm for publishing this return to sanity incident.
Judge Roberts held that the HOA was
championing the letter over the spirit, evasion over the truth and quibbling over common sense. . . . The truth, despite evasive answers to the contrary, is that he [the homeowner] was never going to get approval, and rather than deal with that issue directly, the petitioner [HOA] chose subterfuge to create the impossibility.
The HOA president, a True Believer, said she would not change her attitude. “[I would change] Nothing, to be honest with you, because the violation was there.” The new president, a Reformer, believes that,
it might be reasonable to ask residents to vote on legal action that exceeds a certain dollar amount. . . . to have litigation reviewed by experts other than the association’s attorneys, to ‘see if the association’s position really is well founded.’
(This is a direct reference to the rules of civil court, generally R 11(a) requiring the attorney to make a reasonable inquiry into the facts.)
Those seeking justice and fair play in their HOA should spread this Commentary to all other interested parties to help them see the light. We all are Americans living under the US Constitution, and must be subject to the equal application of the laws, not to special real estate laws.