Homeowner Advocate Research Research

FYI —-

I have collected, and read over the years, several hundred federal and state opinions on HOAs, state actors, mini-governments, foreclosure, due process, equal protection of the laws, constitutionality, etc.  Must be supreme court or appellate court records. It would be helpful to all if you would forward me a link to any important cases that you’ve come across so I could add them to my database.  Email as attachment to info@pvtgov.org, or fax to private fax at 480-907-2196.

Any questions can be sent by text or, preferably, email. No calls please.

Thanks.

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HOAGOV

"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.

9 thoughts on “Homeowner Advocate Research Research”

  1. Rather than ask us to send you case law, perhaps you could post a list of what you have, and we can respond if we think you’re missing anything. After all, we don’t know what you have so you could have 100 people sending you things you’ve already got…that’d be a waste of time for everyone.

    1. Good point. My thinking was that there are events and cases that people become aware of and post some materials that refer to a case but does not include a link to the opinion itself. I then try to hunt down the opinion since I have found many posters are biased, either its a personal issue by homeowner or a post by a CAI attorney not indicating that the attorney is CAI.

      For example, on Poinciana blog, “The Modern Age of Social Media and the Need for Regulation Within Homeowners Associations reads nicely but is written for HOA boards by CAI attorney. It omits any material regarding a web site owned and operated by a homeowner or committee of homeowner reformers. Most media stories coverage do not include a precise reference to the case quoted, if any. The story may say an appeal is being filed and someone more familiar with the case may have access to these court filings. If a reader has the link, please send it to me. Too often a case has already been decided and gets to the appellate level before I can address the complaint. Complaints and briefs are important at the right stage.

      Example, I came across the Gelb AZ supreme court appeal on the constitutionality of an HOA statute. I was able to file a pro se amicus brief that was accepted by the court. Other times a decision has already been made without my ability to add my friend of the court brief to balance CAI’s amicus briefs. This is basically what I’d like to be kept posted on.

      My files are not structures by case name but by a reference of my choosing, so it would be a problem for others to track down the case involved.

      1. Kudos for your willingness to help homeowners! But I think you should simply ask:
        “If you’re a homeowner who is suing your HOA, please send me your case filings, so I can read them, and possibly help you.”

        Isn’t that what you want to ask?
        Just a suggesting.

      2. IMPORTANT! I am not providing legal advice or opinion or preparing legal documents all of which would constitute UPL! I am providing my personal analysis based on my research — a freedom of speech right. I am not a lawyer nor do I work for a lawyer. You may state your views of what you think I am doing, but I seriously object to putting words in my mouth especially by a lawyer!

      3. BTW, the recently posted case Obdusky, allowed me to review this case that I had already on file in preparation for my reply — getting the details=s and facts appropriate to the current comments. This is how I make use of the case info/incidents that I’m alerted to.

      4. Any chance you’d be willing to email me your amici briefs…I’m a California attorney that is interested in protecting the rights of homeowners living in HOA’s.

      5. Here’s my suit against Arizona, using public interest attorney, Tim Hogan of AZ Center for Law in the Public Interest, AZ Attorney General admits SB 1454 HOA to be invalid and without effect” Staropoli v State of Arizona, CV2013-009991 Maricopa Cty Superior Court 2013).

        Mybrief: http://pvtgov.org/pvtgov/downloads/gelb-gks-brief.pdf
        CAI reply: http://pvtgov.org/pvtgov/downloads/gelb-cai-briefresp.pdf

        Send me your email, I have lots of CA cases to counter CAI’s influence. Glad to do research — was AZ certified paralegal but no $$$$.

      6. my email address:  edwardtlp@sbcglobal.net

        What do you think about California SB323?  It is a bill recently signed into law, effective January 1, 2020that, among other things, requires HOA’s to divulge to a member all the email addresses for the other members…. I’m working with a group, Center for California Homeowner Association  Law  (“CCHAL”) that supports the ability of homeowners to communicate freely with each other. 

        The CAI is going to be asking Gov. Newsom to repeal or diminish that part of the bill. 

        -Edward 

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