HOA vs public government

Ever wonder what would happen if your town/city council did not have enough public minded citizens to run for office?  You know, like what we see in many HOAs?

While I’m not sure, several scenarios are possible.  A small clique would soon dominate the council and the shortage of councilmen ignored.  Or, the state would be asked to get involved either by citizens unhappy with the ruling click, or vendors concerned about the legitimacy of contracts would seek protection.

In HOA-Land who would be able to step in and restore order and a just government?  Not the state since the HOA is not a state subdivision.   Could be the vendors who are mainly the lawyers and managers.  Not likely. After all, it is they who control the HOAS “council.” They like it just this way, because, as we see in the governing documents and state laws, they are a privileged class. Not the board composed of the clique and perhaps “conscripted” directors – those bodies urged to become a director to satisfy the CC&R and who remain silent and acquiesce to the president’s wishes.

I hope readers begin to realize that the dogmatic cry of “no government interference” got just what they asked for – complete independence and on their own. HOA-Land private government requires a higher degree of public involvement than found in the nation as a whole – an insurmountable barrier.

However, some disgruntled member can file a request to the court to appoint a receiver who will manage the HOA – and get paid for it — as it is quite evident that the members are incapable of governing their HOA. Now, he would have his orders from the court and that would not include the irrational lament promoted by the CAI lawyers and managers that it ain’t fair to the “good” members.  Well, it is fair in terms of the fact that it is the failure of the members to participate that makes them guilty of the failure to manage their HOA.  Oh, you thought you were just buying a home and management of the HOA was someone else’s problem.  SURPRISE!

In my opinion, HOAs as a state entity bring more protection than the private and adhesive CC&Rs “contract.”  Understand that turning to the 42 year-old national educational entity, as several states and towns have, that has failed all these years to fix HOA problems is irresponsible and lunacy pure and simple.  As a state entity you have bodies of statutes and common law, and traditions and precedent that serve to protect citizens as opposed to the Johnny come lately, make new law on the fly by courts. New laws that interpret your “contract” in many unexpected ways that do not serve individual rights and interests because the HOA is a private entity.

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"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

4 thoughts on “HOA vs public government”

  1. The Legislator needs to regulate the Management Companies! They have regulated Insurance agents, but not Community Managements?? I would rather be lied by an Insurance agent then by Community Manager. The later can cost me my Home!

  2. I agree. We need state to regulate the rogue Boards and their cliques. We need to have sanctions against those Board members that completely ignore the statutes and do as they wish.
    If anyone had to go through what I have gone through for the past year they would agree. First, we have a Board President who is an attorney and thinks he can say and do as he wishes. Then he does not follow the fiduciary rules and keeps sending out e-mails to the entire community about me disclosing private issues and false statements. Then he gets angry when corrected and escalates the issues. One miserable man with personal issues so he takes out his frustration on me. The list is long. If I described everything he has done and if the state was involved this man would be sanctioned. We do need government to step in otherwise it will be like having HOA Mafias all over the USA. Bullies need to be placed aside for the good of the communities. We should have a log where each bully gets exposed but then as the cowards bullies are they will hide behind the HOA Board because they think they will be covered by HOA insurance. The insurance companies need to get smart and tell each HOA Board that if they do not follow HOA state statutes the will not be covered. Insurance companies can help enforce the laws while simultaneously avoiding costly lawsuits by rogue Board members and their cliques. If they understood that they would not have coverage when they do not follow the laws, do not act ethically and infringe on owner’s rights we many have the rogue Board members behaving decently. I never thought it could happen in our community but it did thus I am not surprised to hear that it is common in many other HOAs. Disclosure of each incident and naming each person with examples might be the perfect solution. If you read the garbage that our Board President has placed out you would wonder how anyone can behave so atrociously.

  3. Just Curious,

    I pay HOA dues… The LCAM (Community Manager is paied with my HOA dues) and pays a lawyer with my HOA dues to go after me for dead grass… can I sue the Lawyer for malpractice since he was paid with my money and the LCAM was also paid with my money? LOL this stuff can make your head spin… http://www.ccfj.net/ not much into country but this site just got my juices pumping…

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