This Commentary is the first in a series on the topic of HOA Common Sense. The political and social changes in our society brought about by the adoption and acceptance of the HOA legal scheme has created a new America of authoritarian, private governments known as HOAs. They function as independent principalities. The values, beliefs, principles, ethics, and morality of today’s America would shock the Founding Fathers.
In 2008 I wrote, “Historians have referred to the American Revolution as the ‘American Experiment’” and
The birth of the Second American Experiment went largely unnoticed. Under an unspoken alliance, the public was not informed of this experiment in the privatization of government. . . . This second experiment was not a strengthening of democracy, but one that promoted and established – with the support and cooperation of the state legislatures – private, contractual, authoritarian, government regimes. (Homeowners Associations: the Second American Experiment.)
Earlier, in the 2007 paper, The Fall of the American Experiment:* Homeowner preference for HOA regimes, it was argued that,
As with the Articles of Confederation, the HOA Declaration must be scraped and replaced with a new “constitution,” a municipal charter that allows for local individual ordinances and access to community amenities based on a community taxing district model, but subject to the same obligations, restrictions and laws as are our municipal entities. This approach would indeed retain the subdivision planned community real estate “package”, and would be a much-improved model of local autonomy, of local home-rule, still within the framework of the Constitution and laws of the land.
The people of America must escape the dogmas of today that have brought about a dysfunctional federal government and dysfunctional state legislatures that have renounced the Constitution. State governments have permitted the HOA principalities to function and govern the people independent of the Constitution. What purpose, then, does our Constitution serve?
These HOA governments are also dysfunctional and reflect our society. The people must replace these irrational dogmas with a sensible analysis of the current social and politic climate of America. A common sense approach by the people is needed to take a fresh look and what’s wrong with America and what’s wrong with the HOA legal scheme – for their children and their grandchildren.