The policy of the pro-HOA forces, including your state legislature, is to hold the homeowner at fault for problems in his HOA. Never the HOA government itself. Owners are apathetic and should be more involved in solving HOA issues, they argue, but when owners join they find that their minority position has no power against the clique. And if they react with anger against repeated outright violations by the board, they are again the problem people who just can’t get along. Never the HOA government itself.
Many of us, who are involved in attempting to make changes in the public arena have encountered failures by our elected officials to provide fair and just HOA laws. And after a number of years begin to walk away with a harsh understanding that you can’t fight city hall. There is nothing any different with the similar behavior of HOA owners facing the same public government failures with their HOA government. They just can’t fight HOA city hall, too.
On the other hand, a number of homeowners react in the other direction by getting angry with the repeated frustrations with the failures of their HOA. With the lack of a viable means to correct these flagrant violations and unjust powers cast in concrete as CC&Rs and pro-HOA laws, what can you expect of good people? So they get angry, shout, and become bitter at their treatment with no avenue for relief. They are charged with abusive behavior, harassment, and bullying by the HOA. But, it’s never the fault of the HOA government itself. Never.
The position of the pro-HOA forces has been, in my view: if the owners would only follow the rules all would be fine. Their position is that the HOA government works in the best interests of the community for everyone. And that the best interests of the community rests in the unquestioned obedience to the HOA government. Or suffer the consequences.
Like any other totalitarian government or banana republic, the HOA has the power to destroy your life by taking your home, by imposing harsh monetary penalties (fines), by curtailing your free use of the common property, by denying your right to vote as if you were a criminal of the HOA, and by ostracizing you and your family before the community. To drive you out of your home. But, it’s never the fault of the HOA government itself. No, never.
Of course, as with all dictatorships and banana republics where there are loyalists — those who support and defend their government — so, too, do HOA governments have their loyal supporters. They have bought into the system and refuse to accept anything to the contrary. But what kind of community are they defending? Surely not a democratic system that surpasses that of the US Constitution. It’s only common sense.