White House petition to defend US citizenship of people in HOAs

To My Fellow Americans,

As a long-time advocate for constitutional local government I am greatly disturbed by the existence of local governments that exist and function every day throughout America, but are not subject to the US Constitution.  They are known as homeowners associations.  Special interests have effectively campaigned not to have HOAs viewed as a second form of political government, but this effort is misleading and self-serving.

HOAs do provide a beneficial service to the community, but at the cost on an unknowing surrender and waiver of basic homeowner rights and protections – the misleading aspect of the statements made by pro-HOA special interests.  However, the benefits of HOAs can be obtained within our constitutional system of government, which provides protections that are absent in the imposed profit-seeking developer CC&Rs contracts.

I ask each of you to consider the following question:

Is it proper for the state to create, permit, encourage, support or defend a form of local government of a community of people that is not compatible with our American system of government?

The answer to this question by state legislatures has been, Yes, thereby permitting HOA secession and establishing the HOA as an independent principality.   

As stated in the We the People petition to the White House, state legislatures have failed to uphold the Constitution and protect homeowner private property rights, and their privileges and immunities under the Constitution.  In view of this default, only the Federal government can provide this protection. It is a necessary and legitimate function of the Federal government to protect your rights and freedoms without overburdening contractual rights.

Let Washington know that we are still citizens of this country; we are still Americans!! 

Please read and sign our We the People petition that can be found at: Petition.   Because of the limitations on the We the People website, you can read rhe complete petition at: FULL PETITION

(Expired Dec. 21, 2012 with a pitiful 76 petitions).

Respectfully requested,

George K. Staropoli

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11 CommentsLeave a comment

  1. Why for the last 20 years 80% of all new construction are mostly — condo and HOA communities.
    More units per acre for builders, more taxes from more payees.

    And that is why no one in any type of Government will ever help solve all those endless problems you guys discuss on the air, in court and in your seminars.
    That is the real little dirty secret no one ever talks about.
    The R E A L conflict of interests

    All local governments look at common-interest communities as a way to transfer responsibility for the upkeep of roads, trash pick-up, snow removal, landscaping, trees trimmings, water and sewer pipes, etc. (the homeowners pay for these services through their own assessments), while reaping the benefit of property taxes for which the homeowner is rarely reimbursed. Thus, it is to the advantage of local governments to require that developers build homeowner and condominium associations. If a homeowner finds conditions unfavorable, there are ways normally through the bylaws, to remedy the situation.(this mostly doesn’t happen because of FEAR, APATHY, and IGNORANCE — all governments knows it.)
    The most important of these is the election of the board of directors. Both the covenants and bylaws (and perhaps articles of incorporation) spell out the requirements for a board of directors, the number of board members, eligibility requirements, term, and duties. One way to stop or slow down board actions is to become a board member. Most communities find board positions hard to fill, so chances of being elected to the board are good. The bottom line: “caveat emptor”.
    Not all HOA’s are always reasonable in the EXERCISE of covenant-granted powers. But the basic premise is absolutely false and depicts a flawed concept. The “if you don’t like it don’t buy or move” is absurd justification for violating a person’s natural property rights. Extend that argument and a Politburo could just as easily say: “if you don’t like it leave.” Covenants are contracts, and contract law does not trump basic constitutional, statutory and natural law rights. But again, it is HOW the powers are exercised that is usually the problem.

  2. […] that the people living in HOAs are still citizens of this country and of their respective state (White House petition to defend US citizenship of people in HOAs) failed to receive the necessary submissions for a WH response.  That petition failed miserably, […]

  3. “However, the benefits of HOAs can be obtained within our constitutional system of government,”

    What are the benefits of HOAs?

    • HOAs have no benefits–NONE; and don’t give me that “protect property values” bullshit! if i want to live in a hovel, i have that right!

      • Did you submit a petition?????

  4. Section 5.05 Owners Failure to Maintain. If an Owner fails to perform any maintenance and repair required under the terms of this Article V, then, upon the vote of the majority of the Board of Directors and after not less than 30 days prior written notice to that Owner, the Residential Association will have the right to enter upon or into that Living Unit and to provide the required maintenance or make the required repairs…
    The question is who really owns your home???

  5. Shocking CC&R’s Section 5.05 of Sundance Residential Homeowners Association Inc., Section 5.05 Owners Failure to Maintain. If an Owner fails to perform any maintenance and repair required under the terms of this Article V, then, upon the vote of the majority of the Board of Directors and after not less than 30 days prior written notice to that Owner, the Residential Association will have the right to enter upon or into that Living Unit and to provide the required maintenance or make the required repairs… The question is who really owns your home??? for more unconstitutiona CC&R’s please see http://removethehoa.com/shocking Date: Wed, 21 Nov 2012 17:55:36 +0000 To: jjarvis7@live.com

  6. HOAs are the biggest threat around to private property rights!

  7. Clearly, HOA governance can be written to protect HOA concepts WITHOUT negating any of the US and State Constitutional provisions. Every State should have something inserted into the beginning of its HOA statutes that guarantees nothing can be written or implemented in any HOA-related statute, rule, regulation, contract or policy statement by any body that conflicts with any provision of the US and State Constitutions.

    It is a mystery why the ethical attorneys of this nation living in HOAs do not work together to require HOA laws and CC&Rs to fully protect all US and State Constitutional rights and provisions. How doe we challenge them to comply with their legal professional training to do what their duty calls them to do in this case?

    • The Attorneys that stand up for unconstitutional clauses in the CC&R’s, profit from the Homeowners who attempt to stand up for their rights by exercising their right to withhold payments under the state contract laws for non-performance found in A.R.S. Title 44 and 47 …

      AAM LLC and other management companies actually make more money on Homeowners who withhold their assessments than they do on the Homeowners who actually pay their assessments.

      AAM LLC and Carpenter Hazelwood Bolen and Delgado charge a minimum of $1,500.00 just to file cases in the Justice Courts and if a Homeowner contests their unjustified action they can charge more than $10,000.00 for fighting the case and the Justice Courts give them Default and Summary Judgments on each and every case at least that is the regular practice is in the Estrella Mountain Justice Court.

      One of the Problems with having elected Justice of the Piece Judges who are not required to have a law degree, who automatically side with the lawyers even though they twist the laws in their favor of them so the Justice of the Pieces are corrupt in the sense that they are broken and do not function according to the law.
      A.R.S. 33-1802.4 clearly states that the purpose of an Association is to manage, maintain or improve property of which the members of the Association are required to pay assessments for these purposes…
      Meaning that if they are not required to obey their own Contract then they are in violation of said statute, however Arizona has failed to uphold the laws as they are written and allow the Associations to disobey the law.


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