Legislators must take responsibility for the HOA problem

Too frequently we hear our politicians utter the phrase, “I take responsibility for . . .” after some event has occurred for which they were directly the cause, or for which someone under their authority fouled up.  However, they are empty statements and the politicians proceed as if they have been absolved from any wrong-doing by making such empty statements.

So we have state legislatures, as a whole, and individual legislators failing to acknowledge their role in supporting and in cooperating with HOA special interests, while sacrificing the protections of individual rights and freedoms found in the US Constitution.  There is no justifiable excuse for this conduct whatsoever!

The time has come for state legislatures to say,

The Legislature takes responsibility for its role in protecting and supporting the HOA legal scheme.”

The Legislature takes responsibility for its role for violating and not defending the US and state constitutions, and in doing so, bringing harm to good Americans.”

The legislatures must own-up to their failures and take responsibility for their failures to act, but not by making empty statements. They must act in an honorable manner. To paraphrase Shakespeare, “For the Legislator is an honorable person.  So are they all, all honorable people.”   And honorable people will do the right thing.

No, they need not resign or quit as is the customary act of honorable people who erred and caused others harm, but to atone for their sins, correcting the errors of their way and restoring unity to this nation.

“I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

This country must function under one set of laws for everyone, and not one for those in HOA-Land and another for historic, constitutional America.  Only state legislators can set it right by making HOAs subject to constitutional local government requirements, and still retain the privacy of the subdivision community.

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Published in: on August 6, 2016 at 3:34 pm  Comments (6)  

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6 CommentsLeave a comment

  1. What actions can be taken to get people too busy or apathetic to get involved with resolving HOA issues in any given community?

  2. Judy L. Thomas, Reporter for The Kansas City Star has been writing a series of articles sharing home owner experiences with HOAs and welcomes stories from everyone, no matter where they’re from.

    Judy L. Thomas | Reporter
    The Kansas City Star | KansasCity.com | More than 1 MILLION READERS a week
    1729 Grand Blvd. | Kansas City, MO | 64108
    816-234-4334 | jthomas@kcstar.com

  3. If you are wondering why HOA legislation is allowed to exist if its unconstitutional, which the legislature would know and act on, here’s the reason.

    Most people are not aware that it is well established legal doctrine that all statutes are presumed to be constitutional. They may be challenged in court by the people and will only be overturned based on clear and convincing evidence.

    In other words, the people have the burden to enforce the Constitution and state legislatures get a free walk. Those Legislative Rules Committees are simply ‘window dressing’ and do not actively object to the constitutionality of legislation.

    The rationale is that the legislature is the sovereign of the people and operates with the blessings of the people. Therefore, it can do no wrong.

    • A perfect example of your point is the godawful legislation passed in Nevada in 2013 that describes itself as revising provisions governing bullying (https://www.leg.state.nv.us/Session/77th2013/Reports/AllBillsThatBecameLaw.cfm — SB 427). My HOA passed a “resolution” of this law in June 2016 and mailed copies to all of us sitting ducks. They also did the exact same thing with a “disrupting meetings” law, but I digress.

      Now, if I am accused of causing anyone related to my HOA “serious emotional distress,” I can be arrested and charged with a misdemeanor for bullying. And that’s just one of the law’s grotesque provisions. This law makes “1984” seem kind of quaint. Even Orwell failed to imagine the homeowners association and its cohorts at every level of government. The great irony, of course, is that “my” HOA has caused me SERIOUS emotional distress, and I can’t do jack squat about it.

      To your point about which I am commenting, I don’t see how this law could possibly pass Constitutional muster, yet they all passed the law anyway. And now it is the devil’s playground for the lawless (ironically, enough) and the malevolent. And, which sitting duck, if any, is going to challenge it? Which lawyer is going to champion the challenge? Which Court is going to hear it? Quack, quack.

      I am working on getting the hell out of here; meantime, I’m keeping my head down and my bill zipped, especially since they have officially decided to dictate acceptable speech and behavior. (I think the Board Members should have to wear body cameras!)

      Mr. Straropoli, thank you for your website, your writings, your great thought. Your contributions are invaluable to me as I proceed through my awakening (and my escape) regarding all things HOA.

      BTW, here’s what CAI has to say about this unfortunate Nevada legislation: http://webcache.googleusercontent.com/search?q=cache:Kqn2ZqWIx38J:www.cai-nevada.org/document_view.asp%3Fid%3D90+&cd=7&hl=en&ct=clnk&gl=us

  4. The SENATOR in this article is not the only one who was legislating while working for an HOA

    http://lasvegassun.com/news/2011/apr/03/senator-wrote-hoa-bills-while-working-hoa/

  5. I am in the process of fighting for COA rights in WA state. The ATG, Governor, Senators, Mayor and the WSEB for Attorneys has heard from me in the last 3 weeks for violating my Due Process Rights. I turned the COA attorney into the ethics board for not following an attorneys ethics. All attorneys should always report miscarriages of justice and they are knowingly violating homeowners constitutional rights. I can not stand back and watch any more. The Mayor and Senator agree and are helping me, but everyone else is trying to ignore that they are responsible for giving away homeowners rights. Any help you can give me to fight this battle, would be greatly appreciated. Raelene Schifano 206-571-1221

    Sent from my iPhone

    >


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