Justice, integrity and the truth are missing from HOA Community Matters

Looking at the latest release of CAI’s Community Matters,” the 2018 version is substantially the same as the 2005 version.  In this propaganda brochure you will not find the following words:

  • Government
  • Bill of Rights
  • Constitution
  • Just
  • Justice
  • Waiver or surrender of rights

You will find the word “fair,” but only in reference to paying your fair share of the assessments.

The reader is told that “it is essential . . . that buyers . . . agree to comply with CC&Rs” when they buy into an HOA controlled property.  But don’t explain how this agreement took place. A buyer would reasonably say he didn’t sign any CC&Rs so there’s no agreement under contract law 101.  What took place was the acceptance of a deed that said the property was subject to CC&RS, and by the very fact that the buyer took hold of the deed he was implicitly having agreed to be bound.  How about that?

The defense argues that it is binding under the real estate law of equitable servitudes – was the buyer ever told this – and he was given fair notice to read and object to the CC&Rs.  Objecting to the CC&Rs was tantamount to NO DEAL!  Is this buying under pressure? Take it or leave it, making the CC&RS an adhesion contract?

But no need to let the buyer know these things; he’s in love with the property as his new home.

This document goes on to channel the reader’s mindset about the CC&Rs into physical things as “landscaping, maintenance, satellite dishes, clothes lines” etc. and away from serious matters of governmental powers that make him a second-class citizen without constitutional protections.

This document does warn the potential buyer that ”Some people bristle when faced with rules that must be enforced to maintain established community standards.”  Well, most people know and live with rules called state laws and ordinances.  However,  their reasonable expectations of enforcement never entertain just how draconian the HOA enforcement can be, rivaling the most authoritarian of governments.  The adhesion contract CC&Rs, and state laws, do not protect them under the equal application of the law requirement of the 14th Amendment, because the HOA is a private contract.

There is no separation of powers doctrine that would include a judiciary to protect citizens as in the public domain.

Their laughable solution is to blame the homeowner for not getting involved and make sure things run right.  The adhesion CC&Rs and the flawed legal structure of the HOA are never the culprit, nor is the Board that functions without any oversight body to protect the homeowners.  Issues often arise because of unrealistic expectations, misinformation and misunderstanding,” CAI acknowledges.   Guess who is the primary cause for all this misunderstanding?  You got it!  The one and only HOA expert on HOAs, CAI.

And yet, state legislators hear no evil, see no evil and speak no evil of HOAs.

Published in: on July 11, 2018 at 4:08 pm  Comments (10)  

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10 CommentsLeave a comment

  1. Good point SCA. But, I submit the important thing is to avoid dead-end tactics and identify strategic solutions with a much better chance of solving the problems.

    For example, the standard excuse for abuse of HOA unit owners is that they signed a binding contract, so they should have been smarter and not done so.

    But, as George has argued many ways, how can a “binding contract” exist if the association can change the terms and conditions without legal notice to each member?

    And, how can there be a binding contract if deceptive words are used to hide unacceptable terms and conditions and buyers are not given the exact words of the current and pending terms and conditions including the state statutes used against them when they violate them?

    How can states be legally allowed to grant non-judicial foreclosure powers to board of directors instead of mandating the judicial branch to approve the “taking” of such private properties?

    And, why do we citizens tolerate the federal government (all three branches) to ignore the flagrantly illegal HOA/Condo violations of Constitutional Republic rights of unit owners while guaranteeing such inalienable rights to non-HOA homeowners?

    Are we ignorant, lazy or gutless?

  2. It is gratifying to see so many patriots posting on such an important topic concerning equal justice under the law! But, EXACTLY what should we/could we do about it? Just openly complaining for decades about the injustice and state-tolerated corruption has accomplished very little!

    Sustained, decisive and massive actions are required by a significant percentage of the over 60 million HOA/Condo owners. Normally, that might seem impossible; but in today’s world, there is a growing movement among regular Americans that they have “had enough” of government abuse, and many have new faith because of what has already been started and/or done to correct so many Constitutional defects under the new Administration.

    So, exactly HOW to we get the Trump Administration (and which department secretary would be best to contact?) to issue a federal Regulation or sponsor a POTUS Executive Order that makes denial of HOA/Condo property owners Constitutional Rights by any law, statute or contract provision to be immediately illegal, unenforceable, null, and void without having to settle the issue at homeowner expense through the civil courts?

    The burden of proving state statutes and implementing regulations and contracts are fully Constitutionally-compliant would be on the government and community associations at each each level–not on the property owners. The E.O. should specifically point out that no exemption to Constitutional provisions and implementing laws were granted to HOA/Condo Associations, and none is/was intended. In addition, the E.O. should order that standard contracting laws and statutes would fully apply to community associations as well.

    If any HOA/Condo owner’s group could get to the President with a well-prepared, concise executive order that forces all previous and future HOA laws, statutes and contract provisions to be U.S. Constitutionally compliant, there is a chance to turn around the situation. Maybe such an important document could be submitted during one of President Trump’s rallies before the November election by a trusted state political director who is not corrupted by the industry?

    Would this have to eventually be a DOJ-sponsored action, or could HUD, some other Cabinet Secretary or just a POTUS E.O. action could solve this unacceptable national problem? With all that is on the DOJ plate, I hate to add another major issue. But, if that is the only way, so be it.

    Regardless, today’s system requires that someone with personal contacts with the President, White House, his family or HUD will need to create an opportunity to give a briefing by a national task force of expert volunteers (perhaps including such as George Staropoli, Chicago Attorney Evan McKenzie, Attorney Mark Levin, Radio Host Shu Bartholomew, Pundit Wayne Allyn Root, Shawn Hannity, Judge Jeanine, etc.

    And, it would be best if a specific bill draft was prepared and a member of Congress was found to be willing to sponsor the bill or help the proposed Executive Order, as needed.

    Does that seem too hard or too complex to consider? Just remember, that a single person such as you CAN change the world! Just look at what B. Obama and other socialists did in 20 years, and what Donald Trump has undone in less than 2 years! And, remember, if we HOA owners are unwilling to act to save our liberties and property rights for ourselves and our families, who else could we expect to do it?

  3. This whole HOA situation is absurd. The rules of any HOA are unconstitutional. You cannot just insert a government level right over other people. In our case a home builder has given a management company the right to govern over other people. What and where in Gods green earth allows that. I can’t believe that anyone really believes this let alone that some state level official won’t take up the fight for the people….the whole idea of owning a home is to have the freedom to be yourself inside your property. This is ridiculous. I wish I was younger and had the energy to fight them. I am ashamed of this country. Anyone who takes this job or is a lawyer for an HOA should be ashamed of themselves, knowing that they are addicted to power and just infringing on the rights of others……Garbage people.

  4. The biggest problem I see with HOA is the volunteer board members who become kings and queens. Many do not know the law or have a clue but love the glory of being a board member. The power that they gain over their subjects is unreasonable. I live in an HOA with two board members who have been on the board for 16 years each. Total idiots who love to negotiate with the vendors. One is the treasurer and also handy man. He pays himself. My previous HOA was run by a treasurer who took over our $1 million in reserves and had never disclosed he had recently gone bankrupt. He proceeded to steel thousands of dollars and then staged a theft in club house and all financials were stolen. New board never did anything about it because they did not want to impact their property values with the announcement of the theft. HOA boards are a license to steal, commit fraud and abuse homeowners.

    • Yes, it’s always those members who complain that hurts property values, so the pressure is on to keep mum. But, what about the real culprits many a times? The Board? Oh no. They never hurt property values.

  5. You might now the answer to this … do prisoners have more rights than Members of HOAs?

  6. My good friend, George Staropoli is right!

    Sorry for the lengthy comment; but, I feel the need to add some detailed elaborations to George’s brilliant analysis. If you have seen the 2-tier justice system in Washington D.C., you may recognize it is already installed in the HOA system. And, citizen ignorance/deceptive statutes allow the corruption. Only we citizens can stop the crimes.

    For example, HOA Statutes violate our “U.S. Constitutional Republic” that guarantees rights/property protections to citizens. Ask any Legislator, attorney, or elected Executive Branch person who knows anything about the details of HOA practices, and if honest, they are likely to agree that some HOA statutes violate the Constitution.

    The problem is that state and local HOA statutes have deceptively established HOAs as “Simple Democracies” designed to restrict and deny our “Constitutional Republic” protections and provide windfall profits to the industry members and generous campaign contributions to public candidate elections.

    Here is some basic web info summarizing the differences: “The key difference between a democracy and a republic lies in the limits placed on government by the law, which has implications for minority rights. Both forms of government tend to use a representational system — i.e., citizens vote to elect politicians to represent their interests and form the government. In a republic, a constitution or charter of rights protects certain inalienable rights that cannot be taken away by the government, even if it has been elected by a majority of voters. In a “pure democracy,” the majority is not restrained in this way and can impose its will on the minority.”

    So, as George has already inferred/indicated, such “simple democracies” are exempted by state legislatures from the property and contracting laws guaranteed to non-HOA property owners. They are incompatible with the normal “American Constitutional Republic” principles required at all levels of our official government systems, and should be considered fundamentally illegal. But, perhaps only a truly wealthy coalition of patriots could afford to challenge and defeat such an illegal, socialistic system buried deep in our civilization and take it all the way to the U.S. Supreme Court.

    The entire “Administrative Law” system (a toxic 3rd rail!) for HOAs has been invented during the past century based on such as historic, walled-castle villages ruled by kings and dukes, and East Coast wealthy, golf-course communities intending to restrict “undesirables including other races” from buying and living there. But, developers, city planning commissions, county commissions, and other political rulers discovered that creating the HOA concepts as contractually-based simple democracies OUTSIDE of the Constitution allowed them to get windfall profits, collect extra property and development taxes, reduce government services/save operating budget obligations by assigning them to be paid by HOA assessments, and collect campaign donations not otherwise possible. What a brilliant, corrupt game!

    The industry claims to be working for the “common good” of other members, developers, attorneys and businesses. And, it is often the case that the quality of home construction and community amenities are superior to what might be available from individual private home developments. But, it is really a bait and switch con game.

    People fall in love with a property, and are ignorant of the secret, deceptive, normally illegal contracting terms and conditions. Under normal contracting laws, similar corrupt contracting practices would be grounds for criminal prosecution. As a buyer, could you be required to legally sign away your rights to fair and legal contracting terms and conditions? Of course, you could. But, as George points out, that is not what happens. And, most buyers would certainly refuse to do so.

    • Excellent presentation, Bob!

      • Would you believe that renters have more protection that homeowners in HOAs? Almost states have land-lord tenent protections, like don’t pay rent until . . ., or fix landlord failure to fix and deduct from rent.

  7. George you are right on point! Also, when Board members and their CAI management companies and CAI attorneys target, harass and try to intimidate homeowners with fines and sanctions and threatening letters, how can they expect homeowners should get involved? Who wants to stand in a thunderstorm with a metal pole in their hand?

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