Creating dysfunctional communities through HOAs

The current (Feb. 18, 2013) slogan on the Arizona CAI chapter website reads, “Creating Better Communities Through HOA’s”I find this statement to be entirely incredulous!  It dismisses the reality of an authoritarian regime that denies due process and the equal protection of the laws to homeowners. It asserts that kangaroo courts; the absence of fair elections processes; and a consent to the waiver and surrender of rights by the by simple filing of CC&Rs with the county without explicit, written agreement by homeowners all create better communities.

Such an attitude by pro-HOA lobbyist organizations is the primary cause that creates not better communities, but dysfunctional communities.  And from attorneys who proclaim to be experts on HOAs, but who clearly are ignorant of constitutional law.  (A leader of the AZ chapter is now president of CAI’s “best and brightest” lawyers group, CCAL). With the rapid growth of HOAs across the country, supported and encouraged by the state legislatures in all states, the HOA legal structure reflects values of the greater dysfunctional society that is becoming The New America of HOA-Land

The values, philosophies and standards of democracy set forth in America’s organic law — the Constitution, the Bill of Rights, the Articles of Confederation and The Northwest Ordinance of 1787 — are rapidly becoming a myth, but are still being taught in our public schools and misleading the people of America. 

Our elected representatives must restore our communities and society to those fundamental principles supporting our democratic system.  And that can be now with those HOA reforms bills now before your state legislature.

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2 CommentsLeave a comment

  1. A prima facie example of a dysfunctional society, by CAI affiliated attorneys and state laws supporting the New America of independent HOA principalities.

    ————————————

    DOGS OFF LEASH

    QUESTION: Some in our association want to change the rules and allow dogs off leash. Can we eliminate our leash rule if it violates the rules of Santa Cruz county?

    ANSWER: Unless your governing documents state otherwise, your association is not obligated to adopt and enforce the county’s pet ordinance. Because homeowner associations and local governments each have their own jurisdictions and enforcement powers, they operate independently and the ordinances of one do not void the rules of the other.

    That means your association can eliminate its leash rule. Doing so, however, does not mean residents can turn their dogs into free range pets. Owners still fall under county ordinances, which means the county can fine them for not keeping their dogs on a leash. The reverse is also true. If the county drops its leash ordinance, your association is not obligated to follow suit–your HOA can continue to enforce its own leash rules.

    Dogs Off Leash, Adams Kessler, Davis-Stirling.com newsletter, Feb. 17, 2013.

  2. amen!


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