HOA-Land Nation publication to aid constitutionality

The important question of HOA constitutionality has generally been avoided and given token lip serve by all interested parties: homeowners, homeowner rights advocates, state legislators, real estate departments, attorney generals, nonprofit private entities proclaiming a defense of the Constitution, and the media at large.

Even the renowned Wayne Hyatt’s[1] statement in 1976 went ignored.

“One clearly sees the association as a quasi-government entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government.   All of these functions are financed through assessments or taxes levied upon the members of the community, with powers vested in the board of directors, council of co-owners, board of managers, or other similar body clearly analogous to the governing body of a municipality.”[2]

Clearly challenging the constitutionality of the HOA model of local government and legal scheme is well beyond past due. To correct this horrific and inexcusable oversight I have published, The HOA-Land Nation Within America,[3] a white paper, an exposé of the HOA legal scheme violations of the Constitution. The eBook and paperback editions can be found on Amazon.

This task of constitutional HOA reforms may appear overwhelming and almost impossible to achieve, but constitutional HOA reforms can happen. It will take tremendous effort and perseverance, and a “never give up” mentality. David Cole passionately makes this point[4]

“If Americans now and in the coming years insist that . . . our most fundamental values, including equality, human dignity, fair process, privacy, and the rule of law, and if we organize and advocate in defense of those principles,” we will succeed in bringing about the necessary fundamental and constitutional reforms to the HOA legal scheme in existence since the HOA “bible” was released in 1964. In order to accomplish this important task, “it will take a persistent civil society, a vigilant media, brave insiders, and judges and other government officials who take seriously their responsibility to uphold the Constitution. But first and foremost, it will take an engaged citizenry.”

The defense of liberty depends . . . on citizens engaging collectively to fight for the values they believe in. . . . The preservation of liberty through a written constitution . . . has survived . . . because ‘we the people’ have consistently taken up the charge to define, defend, and develop liberty in our own image, so that it reflects our deepest commitment , not just those of a privileged elite who do not represent us.”

It falls upon the homeowners in HOAs, as has always, to advance constitutional arguments that are valid and credible.    And that takes knowledge and understanding of the issues.  The HOA-Land Nation, and other of my publications and Commentaries, as well as those of others, provide the “ammunition” that will pass the valid and credible challenges to be expected from CAI and other lawyers, provided the arguments do not get bogged down in irrelevant arguments from the opposition.

CAI cannot handle a broad Bill of Rights challenge. Period!  I have never been challenged  by CAI because they well know that they are defending the defenseless.

Read the book, paperback or eBook, and spread the word.  Use it in those many HOA violations where state statutes support the HOA.  Work to hold seminars and conferences to openly discuss the issues raised in The HOA-Land Nation.  Expose their defense of HOAs, now!

 Notes

[1] Wayne Hyatt was a prominent figure in the promotion of HOA-Land as well as an important person in creating CAI in 1973, serving as its second president.

[2] I have extensively quoted Wayne Hyatt’s 1976 statement on HOAs as mini-governments, as cited in the 1983 California case, Cohen v. Kite Hill.

[3] I have concluded that there exists an HOA-Land Nation within America that is comprised of fragmented and local HOA governments across the country and have designated them collectively as “HOA-Land.”  The commonality of their declarations of CC&Rs, flowing from the 1964 Homes Association Handbook (ULI publication), their shared beliefs, values, traditions, and institutions qualify HOA-Land as a nation.

[4] David Cole, National Legal Director of the ACLU, Engines of Liberty, Basic Books (2016).

5 thoughts on “HOA-Land Nation publication to aid constitutionality”

  1. Thank you for this, your continuing work and the book which i will download. You wrote, “This task of constitutional HOA reforms may appear overwhelming and almost impossible to achieve…” I was saying this just the other day–about how overwhelmed I am sometimes—especially when I see the fake HOA Help sites..that are sponsored by the CAI and subtle attempts at grooming boards and members to just submit to the industry and let them rule you, “tax” you, take your money and your rights to enrich themselves.

  2. Thanks for this refreshing article reminding all American citizens of the necessity to take a stand to understand and defend the cherished principles of the US Constitution and Bill of Rights.

    This information to be affective must be reiterated again and again to convince the American public of their rights but evermore their duty to raise their voices with courage against the encroachment of anti-American privileges inherent in the founding papers of Thomas Jefferson.

    You, sir, are of the same character as the signers of our sacred documents of freedom which all who fought and died to preserve believed in.

    You are the good teacher!

    Sent from my iPhone

  3. I have been living in constant fear for 20 years and am now 83 yo female. I went to fair Houseing absolutely 5 years wasted. It been one long nightmare. I thought of ending my misery but can’t but my health has been destroyed. They stole my golden years even the sheriffs never write up a report. The manager is a puppet for the Bof Directors. Ever professor Gary Solomon of Las Vegas and Henderson Nv. gave up

    1. I am sorry to hear about your plight with rogue boards that is a fairly frequent issue across the nation. Your post reflects the sad fact that the HOA holds all the aces and the only recourse available to a homeowner is to sue or move out. It also reflects the fact that to overcome the pro-HOA statutes and adhesion CC&Rs contract, in the face of government officials abdicating their responsibilities to uphold the Constitution, is to bring valid and credible challenges to HOA constitutionality.

      Failing to take up this effective strategy will only result in more of the same — token, limited application of amendments to existing laws, without meaningful enforcement and HOA accountability.

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