“We must make the injustice visible” Mahatma Gandhi
Can Americans look forward to any improvement in the application of the 14th Amendment equal protection of the laws and due process protection of their constitutional rights as a citizen? I do not think so when college law students, especially those wishing to be competent and knowledgeable constitutional lawyers, are not educated in the unconstitutional aspects of the presumptively invalid declaration of covenants, conditions, and restrictions (CC&Rs). The CC&Rs are in reality the HOA subdivision/condo “constitution.”
Justice Ginsburg stated in her equal pay for women dissent that,
“Title VII [Employment equal pay for women discrimination act] was meant to govern real world employment practices and that world is what the court [US Supreme Court] ignores today.”
This is very same attitude by the courts with respect to what is really happening in the real world of HOA-Land; the courts do not have any understanding of homeowner constitutional issues. Otherwise how could it deny constitutional protections? What are the factors that blinds them to the ab initio unconstitutional CC&Rs?
I keep waiting for an illustrious constitutional lawyer or political scientist to rise to the level of Ginsburg and uphold the original intents and purposes of the US Constitution as stated in its Preamble.
Could it be that the law colleges are also intentionally blind to the constitutional issues plaguing HOAs since 1964 when the “bible,” The Homes Association Handbook, was published? For example, ASU’s Sandra Day O’Connor School of Law does not provide library references to these issues and insists on only listing the materials based on the CAI School of HOA Governance; by the national lobbying arm supporting the HOA legal scheme of today.
Have the law schools been indoctrinated into accepting CAI’s self-interest perspective and treat HOA-Land as an institution, accepting that is the way it has always been? The judicial system, the law colleges, the legislatures, the Uniform Law Commission (UCIOA), the media, and the public in general all need to be deprogrammed!
I do not believe other prestigious law colleges include HOA unconstitutionality as an item in their degree programs. Unconscionable!
For more information on deprograming and reorienting HOA-Land indoctrination, see my publications and web page Commentaries:
One thought on “Biden must order law colleges to uphold HOA content-neutral free speech”
My HOA is a co-op they state they are different then a condo as we own stock in a Corporation and the Board Of Directors write the rules and we do it own the land or our apartments. We pay a lease for our HOA dues which has been not been run fairly and the smallest apt 657 SF pays more hoa fees then the largest unit that is more then 2200 SF and requires almost 4 times the maintenance and water any many more people occupants in the units and more people and guests using all the amenities and 3 + times larger Plus all the amenities including water, larger yards and foot print, gym, pool, trash, painting, roofing maintenance, gardening, consumption of fruit. extra outside lighting, private enclosed garages for 2 cars or 3 and sometimes up to 4 car garages instead of the single open carports. They have taken over common land and common roads to build some of their private enclosed garages instead of the single open carports that 80% of the units have. Yet the 657 SF unit pays more then the 2200 + units. All the larger units have been board members since it’s inception in the mid fifties.