Finally! The cracks in the great CAI defensive wall denying the reality that HOAs are governments are beginning to show. I welcome this enlightenment by pro-HOA proponents who are beginning to admit and to accept the reality that HOAs are private governments. The latest in enlightenment comes from none other than a Florida attorney, Ryan Poliakoff. Ryan finally comes clean and explains the legal meaning of “HOA” (emphasis added).
A homeowners’ association normally governs communities made of single-family homes. Despite the common phrasing, it is inaccurate to say that a person lives in an “HOA.” Instead, you would say that you live in a community governed by an HOA.
Congratulations Ryan! For years on my website viewers were presented with a more explicit definition of the distinction between a government and a community.
If we are to make progress, we must distinguish the concept of a planned community, which is a real estate “package” of homes, landscaping, amenities, and rules, from that of the HOA, which is the undemocratic governing body of the planned community.
This is a first! An admission from a nationally recognized pro-HOA special interest lobbyist that the HOA is really a government that regulates and controls the people within its territory – the fundamental definition of a political government. Black’s Law Dictionary defines a state as,
“A state or political society is an association of human beings established for the attainment of certain ends by certain means ….What then is the difference between this and other forms of government? The difference is clearly one of function. The state must be defined by reference to such of its activities and purposes as are essential and characteristic”.
“Modern states are territorial; their governments exercise control over persons and things within their frontiers.”
And the HOA is not a democratic form of government, as all businesses are not democratic governments, and could and must be rejected and made to conform to our democratic system of government. HOA-Land must be made part of the Union, and not a separatist state.
For those of you concerned about losing the real estate package as defined above, there are existing alternative forms of governance that are subject to the Constitution as all other forms of government. And the package can still retain its privacy status, except it is answerable and accountable to the state.
If this is unacceptable, then you are essentially un-American, rejecting the laws of the land and our democratic system of government, plain and simple. Sorry, the free ride must go!
- First step in solving problems begins with defining community, Ryan Poliakoff, MyPalmBeachPost, June 12, 2016.
- Citizens For Constitutional Local Government. See also, Are Your Best Interests Served by an HOA? (October 18, 2006).
- Definition of ‘state’, Black’s Law Dictionary, 7th Ed.