My purpose for the Education Series, taken from a collection of my Commentaries (WordPress blog), is to present the other side of the HOA legal concept that has been intentional kept hidden from the public, the media, and the legislators. Homeowners associations (HOAs) — generic for POAs, CIDs, planned communities, and condominiums — have become an institution and are unquestionably accepted as “that’s the way it is.”
Over the years, the general public has heard only the benefits of HOA regimes, but has heard nothing about the means to achieve these benefits. The rationale, I suppose, is that the end justifies the means. This quiet acceptance of the HOA private government regime came to be as a result of aggressive lobbying by the HOA special interests, also known as HOA stakeholders (homeowners not included). The media, that was granted 1st Amendment freedom of speech rights in order to ensure a properly informed electorate, failed its obligations by remaining silent. Nothing bad, seriously bad, about HOAs is publicized by the media. As you can read in my post on George Orwell’s 1984, the Ministry of Truth (a 1984 agency) parallels Goebbels’ Ministry of Public Enlightenment and Propaganda:
The Ministry of Truth uses control over the education system and the communications media to keep the masses in a state of ignorance and incapable of perceiving the facts of their manipulation. By controlling all sources of information, and playing one ignorant group off against the other, they ensure that effective opposition does not arise. While the masses attempt to make sense of the false reality fed to them in the schools and on the telescreens, the elite manipulators that write the scripts laugh at their confusion. (Freedom is Slavery, The Modern History Project, April 24, 2015).
The Commentaries listed below present a broad picture of the current conditions, culture and environment relating to living in an HOA controlled home. Violations of the Constitution’s equal protection of the laws and inadequate due process protections, pro-HOA state laws, legislative support for HOAs, the national business lobbying organization misleading the public that it is an unbiased educational organization, and the HOA attorneys and managers are all presented and discussed in these posts.
For readers who are interested in the history of how HOAs came to be can read my 121 page analysis, with references and legal authorities: The Foundations of Homeowners Associations and the New America.
Become informed. Please read on.
READING MATERIALS (click on links to access posts)
A. Constitutional issues
- HOA Member Declaration of US and State Citizenship
- HOA Common Sense: rejecting private government (complete series as PDF)
- CC&Rs are a devise for de facto HOA governments to escape constitutional government
- HOAs violate local home rule doctrine and are outlaw governments
- The unconstitutional delegation of implied rulemaking powers to HOAs
- Unconstitutional delegation of power to HOAs
- HOA reforms needed to guarantee U.S. Constitutional protections
- model HOA regulatory agency bill
B. HOA oppression
C. Community Associations Institute (CAI)
- Misrepresentation: CAI comes with unclean hands
- Will the real CAI standup: its contradictory beliefs, pronouncements and goals
- CAI: the HOA form of government is independent of the US Constitution
- HOA constitutionality will cause the collapse of CAI