HOA Boards can do no wrong, No. 7
In shocking contrast to our common sense and all that has been said about the need to protect the people from government, state legislators see no need for effective and meaningful enforcement that average people are transformed into angels when they become board members. James Madison must be in a rage, wherever he may be, at this slap at his advice that, “If men were angels there would be no need for government.”
State legislators have said that the complaining HOA member signed a contract and is now trying to get out of it because he now thinks it’s a bad contract, and that he will not support any such legislation. Furthermore, anyone who didn’t read the contract or get a lawyer is not too smart and that he, the legislator, would have never done that. What do you think of that attitude in light of the above papers 3 – 6? And don’t forget that you are being held to have agreed to be treated in such a demeaning way by your elected officials.
Where are the fair and just laws argued for in paper No. 4? They are not there! Instead, we have special laws for special entities, the HOA, without a necessary and compelling government interest to deprive citizens of the rights and freedoms.[i] What a travesty of our American way of life!
You may ask, What for? The answer is obvious: for the survival and acceptance of a defective legal scheme that seeks to impose authoritarian governments on unsuspecting people. If boards and offers are to be held accountable, who would volunteer? Well, why not pay them a salary so accountability can be demanded? WHAT!!! If they are going to be held be paid and held accountable, then members have a right to demand qualified board members and not any ole body who would like to be on the board.
Wait! Wait! I can see readers recoiling in horror. The horror . . . the horror . . . (from the movie Apocalypse Now!). Consequently we are told that we must accept the lunacy that all volunteers can do no wrong and if they do, well, that’s your fault for electing them! And let’s not forget that the board has hired hands to protect them – the attorney and manager. At your expense. The homeowners pay for the board’s wrongful acts.
So, why aren’t the members more involved in watching over the acts of the board? Well, maybe it would help if the laws backed the members up with effective and practical means to enforce HOA wrongful acts; otherwise it’s just an exercise in futility. The game is rigged in favor of these independent principalities!
But those living in HOAs must share the blame for this state of affairs. They have repeatedly failed to unite in an organized common cause to produce intelligent legislation that addresses these fundamental HOA defects.[ii] CAI in Arizona made that clear when it told the legislature that only the stakeholders produce meaningful bills; the homeowners just raise a multitude of personal issue bills.[iii]
And so, in all practicality considering this state of affairs, the board can do no wrong. Get used to it!
“If there is no penalty [for] disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.” (Alexander Hamilton, Federalist #15)
[i] Supra n. 9, in No. 4.
[ii] See a nationwide proposal at Organize, organize, organize, but organize your local HOA.