Will ULC pursue HOA Member Bill of Rights?

“Can private parties enter into contractual arrangements, using adhesion contracts and a constructive notice consent, that serve to regulate and control the people within a territory (an HOA), to circumvent the application of the Constitution?”[1]

In August I commented that I was working with 2 institutions on a Member Bill of Rights.[2]

“Currently, I am working with two leading institutions concerned with state laws and the constitutionality of the HOA legal  structure. Addressing the Bill of Rights issue is relevant to conducting necessary research and studies. A Homeowners Bill of Rights would be a major step toward the equal protection of the laws for members of HOAs.

“As a result of my proposed research by  independent, objective researchers,  the law will be clarified and all parties set straight as to their rights, and on the legitimacy and validity of independent private governments in America.”

The Uniform Law Commission  (ULC) will decide on the 29th whether or not to undertake a study of my proposal for  meaningful revision to its UCIOBORA (2008).  It’s composed of only attorneys appointed by state legislators and are pro bono.  I must call to your attention the long established presence of CAI at ULC and with respect to UCIOA.

I believe that ULC will move ahead and make the Constitution and state laws living documents reflecting the overwhelming evidence for the need to admit that HOAs are invalid ab initio — from the very start — agreements and are unconstitutional.  

Notes

[1] The “end of denial” of unconstitutional HOAs, August 5, 2020.

[1] HOA Bill of Rights redux, August 29, 2020. Updated, HOA bill of rights history updated Sept. 13, 2020

Author: HOAGOV

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.

One thought on “Will ULC pursue HOA Member Bill of Rights?”

  1. The quick answer is that such a relationship derived form an adhesion contract is glaringly unconstitutional.

    I filed a lawsuit in 2017 in the Superior Court of Pinal Count, Arizona against an HOA ( Bella Vista South Home Owners Association ) in Queen Creek Arizona on the ground the ” adhesion contract ” with its bogus and illegal CC&R components was unconstitutional. The attorney representing the HOA [ Mr. Shaw III ] advised his HOA client to settle out of court on the ground the evidence of the plaintiff ( Roena L. Cole ) was incontrovertible proving the HOA scheme to entice home buyers to join the HOA and become subject to the terms and provisions of an ” adhesion contract ” would prevail at trial.

    You have warned that filing a suit against the HOA and its higher up attorneys was risky and that many have tried and lost in court.

    I have encouraged you to file a class action against the HOA criminal organization for obvious violations of ” contract law ” and ” constitutional law ” for years. I suggest you take the risk and file a lawsuit predicated upon the fact the HOA sales contract is an adhesion contract and is a violation of the state and federal laws and the U.S. Constitution.

    If your lawsuit attacks the criminal lawyers who work for the HOA as I did…you may find they will not want to go to court.

    To be sure, the HOA ” adhesion contract ” requires the home-buyer to surrender his/her civil rights guaranteed inalienable…thus the HOA position is unlawful and violates a plethora of state and federal laws.

    Good luck. ________________________________

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