The HOA climate is based on fears and distrust giving rise to strict enforcement as necessary for compliance

 

In the real world of HOA governments, the climate of the community is based on a fear and a distrust of one’s neighbors. This fundamental basis for HOAs is supported by the following commonly expressed objectives of HOAs. We’ve been told, as well as having been set down in the declaration, that the purpose of the HOA is 1) to maintain property values first and foremost, which requires the enforcement of the governing documents, and 2) to provide for the general welfare of the members in terms of rules and regulations for an orderly community.   It implies that the survival of the HOA depends on an authoritarian government to coerce compliance with the objectives of the HOA state.

The climate of the HOA is formed by the attitudes, beliefs and values of its members who distrust their neighbors because their neighbors will,

1.      paint their house pink, or polka-dotted,

2.      repair and maintain their vehicles on their front lawns in front of their $200,000 homes,

3.      not properly maintain their homes and lots as determined by the HOA,

4.      refuse to obey the rules and regulations, which requires the application of penalties, as severe as may be required, to obtain compliance with the rules and regulation, and

5.      refuse to make timely payments of their assessments, for which there are no justifiable exceptions or excuses.

 

What is noticeably absent from the purposes of the HOA government are any references to the establishment of healthy, desirable, and vibrant communities based on the US Constitution with its protection of individual liberties.  Also noticeably absent from the above are any statements to the effect that HOA members are not protected by the application of the 14th Amendment, as they would be protected if the HOA were a public entity.  However, statements to the contrary have been made giving the appearance and illusion that the HOA provides the same democratic protections as found in the public domain, simply because members can vote for the board of directors.  This is decidedly false!

 Considering the above, the climate of the HOA is one of hostility, distrust, coercion to comply, and the fear of a decline in property values that necessitates an undemocratic, authoritarian government for its survival.   But, it doesn’t have to be this way.  The subdivision real estate package can exist without the HOA form of governance that is based on the distrust of its members.  But, the HOA cannot exist without the covenants running with the land as found in the declarations of covenants, conditions, and restrictions.

See also, Proposed HOA Study Committee issues of substance, and A further explanation of HOA Organizational Development

Advertisements
Published in: on June 16, 2013 at 5:04 pm  Comments (8)  
Tags: , , , , , ,

The URI to TrackBack this entry is: https://pvtgov.wordpress.com/2013/06/16/the-hoa-climate-is-based-on-fears-and-distrust-giving-rise-to-strict-enforcement-as-necessary-for-compliance/trackback/

RSS feed for comments on this post.

8 CommentsLeave a comment

  1. Instead of creating harmonious and vibrant communities, HOA regimes create a divisive and hostile community environment where neighbors spy on neighbors, where neighbors distrust and believe that other neighbors will deliberately destroy the community and lower their own property values, where the mantra of “maintaining property values” is the only objective of the HOA. It is not required, as evidenced by the absence of any such “contractual” provisions in the CC&Rs, and exclusion from constitutional protections, to be fair, just, compassionate, or charitable.

  2. I can relate to Raymen. HOA boards who are exposed for ANYTHING will immediately take the “shoot the messenger” attitude. By shooting the messager it “might” shut that person up. And they are hoping to scare anyone else from EVER exposing any wrongdoing again by using the first whistleblower as an example. Board members have called me a liar more times than I can count. Even though I have documented proof and have offered to take a polygraph at their expense. No, they want no part of anything that would clear me and confirm their wrongdoing. They have mailed letters to all the homeowners (numerous times) using the dues to pay the expense of mailing over 500 letters. Additionally, they have published my name in the newsletter claiming they had to raise dues because I filed a lawsuit. No mention that the lawsuit had to be filed in an effort to see the financial records! And the president lied to the judge and said there were no records but was caught a year later shredding records. None of that is ever told, of course. Add to all this, they threaten lawsuits and THAT will shut 99.9% of the homeowners up. They will silence everyone that fears their threats. They have never sued because they know the TRUTH will come out but they do have the advantage of using the dues to pay for an attorney. The corruption is rampant and the deck is always stacked 100% against the homeowner. One way or the other the wrongdoers always win…especially when there are very few states with any laws to give the homeowner any rights! And even then, the homeowner must have really deep pockets to defend themselves. It’s a vicious circle.

    • Of course, it’s never the board that helps create a negative affect on property values, right? Just those damn malcontents who should just shut up!

      I wonder, how about a BHB, Better HOA Bureau, to receive complaints and to ask for answers from boards, just like BBB. Oh, don’t bother with BBB. They are part of the unspoken alliance of no negatives about HOAs.

      • In my six years of studying HOA’s and living in one of the biggest nightmares in the country, it has become clear that boards self destruct and take the community down with them. There always seems to be one member that decides to use the HOA for a revenue source for their personal benefit and that person is also the overpowering “leader” that runs the show and bullies those who expose them.

        I agree there needs to be a place where HOA members have a voice and a place to make others aware. At this time, the only source I can think of is, Yelp.

        It goes without saying that without you George, Ward, Jan, Evan, Eric, and Shu we would never have hope of better days in HOAs. So, I will close with a great big sincere THANK YOU!

      • Thanks for the encouragement!

    • All so, so true……… This is why I decided to fight them! I have ALL the facts (records-documents-video-pictures etc.) to prove my case. Lacking only in support to bring this to the court room! This case of mine won in court and yes it can be won, will set president (Case Law) and will give strength to future cases against HOA abuse as well as deter rogue HOA behavior! Please support me as this will support all of us abused in HOA’S. http://www.hoaabuse.corruption.com Spread this message! Please donate at any U S Bank to the HOA Abuse-Corruption Fund. Then watch the results on my web-site. Thank you!

  3. Follow the rules and regulations (R&R’S) set forth by the membership! This is fine! My situation; the HOA board did not follow the R&R’S resulting in the laws of the Minnesota Health Department being violated. When I insisted this stop and it did not stop I, contacted the MN Health folks and they came down hard on the HOA resulting in the HOA retaliating against me with unbelievable harassment. Please visit http://www.hoaabuse-corruption.com and read “current Activities”. Also read the “Blog” of voter fraud etc. of dishonest HOA members and board members. Bad human nature rampant! Needed are good laws protecting homeowners living in HOA’S. This is what this organization (HOA Abuse-Corruption is all about. Join our cause for good laws! Strength numbers! Thanks, George Staropoli for your good reporting.
    Raymen A. Starkka (HOA Abuse-Corruption Organization (USA)

  4. My father was a custom homebuilder and developer who despised HOAs with a passion. I made the mistake of not following his advice and purchased in an HOA after he had been deceased for 18 years. The truth is: He believed in restrictions requiring plans to be approved before construction started and required a minimum square footage to keep the community with a “likeness” but not looking like a “cookie cutter” was the designer. Every home had a different design and character. He did not believe in pitting neighbor against neighbor, charging dues to live in the community or having CC&Rs with a board of directors that may or may not be capable of making educated decisions. Therefore, once the plans were approved the homeowner was free to build their home. To this day, those homes have appreciated immensely and look beautiful because the owners took pride in ownership. I’m sure they have also appreciated not having some “lawn Nazi” on patrol 24/7 trying to make their lives miserable, too!

    He would say the concept of an HOA looked good on paper but the reality was they would never work. How right he was and we are all suffering from the failed concept.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: