Evan McKenzie on HOA consent, disclosure and realtors

The typical homeowner has no idea what he is getting into — or what kind of HOA leadership he will be dealing with — when he signs a binding contract to move into an HOA-governed subdivision.”

So spoke internationally recognized and outspoken advocate for HOA reforms, Professor Evan McKenzie (author of Privatopia: Homeowners Associations and the Rise of Residential Private Government (1994) and Beyond Privatopia (2012)) in an interview for the Evansville Courier and Press (“Woman says HOA demanded microchip in her dog”).  And with respect to consent and the inadequacy of state mandated disclosure documents, McKenzie calls them “hopelessly inadequate.”  He is quoted as saying, “If (realtors) cared about this, which they don’t, they would be establishing policies.”

I’ve written on the topic of why people choose to live under HOA regimes and who remain silent. As a sample, there is the  oppressive structure of the HOA (Why do people harm others in HOAs?), the “unspoken alliance of no negatives about HOAs” (Good night and very good luck – the unspoken media HOA alliance, CA court upholds HOA suit against real estate agents), and the failure of state legislatures to uphold constitutional rights (Proposed “consent to be governed” statute, the “Truth in HOAs” bill).  One can conclude that the HOA institution is basically corrupt (as defined: impairment of integrity, virtue, or moral principle; perversion of integrity).

I have repeatedly argued for the education — the enlightenment — of the public, the media and state legislators as to the truth of the matter, understanding that the unspoken alliance is still at work.  Where there is a lack of understanding, actual or pretended, then educate as to the truth. Help others to understand.  And this enlightenment requires that advocates challenge, confront and expose the non-truths being continuously aired by pro-HOA special interests (Path to Victory at the Legislature).

Thank you Evan for your effort to enlighten others as to the reality of the HOA concept and its defects.

 

Read this highly informative article at CourierPress.com.

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4 CommentsLeave a comment

  1. I think it’s time to hold Realtors accountable unless of course there is some statute that prevents this. Licensing and Regulation of MC’s would be a real help. They are the culprits and the fact that they are indemnified from any wrong-doing is unbelievable. I know my MC actively tells the board how to get around the law. Pathetically my board never asks the MC to enforce the CC&Rs per the MC contract. Tyrants rule and do as they wish, rules are used to control those they don’t like. The idea that CC&Rs protect property values is absolute hogwash and new buyers should beware of any HOA. What might seem like a good HOA this year can turn ugly when the wrong people are elected.

  2. CAI is real and has taken everything I own and left me with nothing. 12 yrs ago I owned my own home. Today the attorney Clint Goodman for my HOA is on his way to owning it. I gave the attorney my payments in court and he lied and said he didn’t remember getting any payments from me. I recieved foreclosure papers the next day. The management companies, board members, and the lawyers all work together to steal your home, your equity, your sanity, your life. They will do what ever it takes to do this. Everyone along the way has been paid to do things there way…….landscape, realtor, judges, etc. I know from my own experience that it doesn’t matter if your telling the truth it doesn’t matter if you have receipts and witnesses………..they will win.

  3. Realtors *DON’T WANT* to know of the problems within HOAs. They would be obligated to disclose those problems, in theory anyway, and that would cut into their income stream. They have a *VESTED INTEREST* in NOT establishing policies.

  4. George: Truer words were never spoken! -Pati ( ‘)>

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