Democracy Is Not Guaranteed in HOA-Land

For the past 58 years, the HOA model of local community government has been “an extremism that threatens the very foundations of our republic.” This model of government rejects democratic principles and constitutional protections, depriving members of their fundamental rights.[1]

HOAs have been permitted to operate and function as such by the support, cooperation, and promotion of state legislatures. HOAs are based on intentional misrepresentations of authoritarian private contracts to unsuspecting buyers. Even today the self-proclaimed leading educator on the  HOA model and operation will not address questions of constitutionality that have authoritative legal support.

In my earlier commentaries I wrote about the similarities between the social and political  culture on the national level and that of the HOA declaration of covenants, conditions, and restrictions (CC&Rs). I wrote that CC&Rs rejected democratic principles in the pursuit of enforcement in order to coerce compliance.[2]

President Biden, in his Thursday speech to the nation, reminds Americans that,[3]

“Democracy Is Not Guaranteed. “We have to defend it. Protect it. Stand up for it. Each and every one of us. . . . regardless of your ideology.”

“We just need to remember who we are. “There’s nothing more important, nothing more sacred, nothing more American”  than preserving democracy. “That’s who we truly are. And that’s who we must always be.

There is an old truism: “there cannot be change without change.” If we are to preserve democratic institutions in HOA-Land, then the members must unite across the country and organize  to preserve democracy; there’s nothing more American. Members of HOAs are citizens of America, and that’s who we truly are and that’s who we must always be.

Learn more about unconstitutional CC&Rs and the rights and freedoms as Americans unknowingly taken from you when you entered HOA-Land. Take time to read the articles provided under Notes below.

Notes:


[1] See The intent of the HOA “bible”, the Homes Association Handbook (March 2020).

 [2] See in general, George K. Staropoli, StarMan Publishing (making references to Donald Trump).

[3] Read the Full Transcript of Biden’s Speech in Philadelphia – The New York Times (nytimes.com)

Did HOA-Land contribute to the national disregard for democratic America?

“For they have sown the wind, and they shall reap the whirlwind”  (Hosea 8:7)

In my 2020 Rogue Presidents post [1] I warned:

“I’ve come to the conclusion that the HOA social and political dynamics are identical as we have witnessed on the broad national scale. I am not sure as to what came first, the chicken or the egg? To what extend has the HOA independent principality mentality and legal scheme contributed to the national scene? Or are the HOA dynamics just a reflection of the broader culture in America today?”

I am not a psychologist or sociologist but a student all my life of leadership in government, corporate, and military. Based on the events over the past 2 years —and showing no signs of abating  for the next 2 years — regarding the staunch, cult follower support of Donald Trump by Republicans at the federal and state levels, I must lean toward a national, cultural change in America. It has led to a rejection of the Constitution and all its principles and values that truly made America great.

America today is no better that the banana republics and totalitarian governments that hypocritical politicians  openly criticize. The guiding rule for politicians that was “to avoid the appearance of impropriety” has become outright lying to the face of the public, redefining the traditional meaning of words, as George Orwell portrayed in his book 1984, to advance the political views of the cultists as necessary for America’s survival.

To a lessor extent, but functioning in parallel with  the national malaise, are the private government HOAs. With the members exhibiting the same cultist conduct that the HOA president and board can do no wrong.

Further reading:

  1. Rogue presidents: Trump and HOAs  (Nov. 2020).
  2. Countrywide political culture cause of HOA reform failures (Feb. 2021).

The roles of the Supreme Court vs the Legislature

At today’s Senate confirmation hearings of Judge Jackson, an intriguing dialogue took place between Jackson and Senator Lee (Utah).  The topic raised by Lee focused on the role that the Supreme Court is to say what the law is, and the role of Congress (or state legislature) is to say what the law should be creating public policy. The Court deals with the policies set by Congress.

The role of homeowner rights advocates is to say  to the legislatures what the law should be with respect to HOA-Land.  It is not to say that this happened to me and it’s wrong, or my HOA does so and so, which does not rise to the level of setting policy for all HOAs/condos  — no special laws for special entities.

And that’s another area where reform legislation often fails — too local.  Reforms must be broad as to have general concern for the state; as the courts have held from time to time, “This case Involves legal issues of statewide importance.”   And it must be explicitly stated or  implied.

Public policy today is harmful to the private property rights of HOA owners, and to a denial of due process protections and violations of the equal protection of the laws, treating HOAs as if they were independent principalities.  These policies and attitudes have created unjust, bad laws enforced by the courts, and used as precedent for more bad laws.

The cycle ends by advocates addressing the root cause of pro-HOA laws that treat HOA members as second-class citizens, which they are not!

HOA ethics: the end justifies the means

Depending on what side of the fence you’re sitting on in a controversial issue, you may be arguing that the end justifies the means, Yes or NO. It is a moral and ethical decision and raises the question as to when and how.  In a culture where its values have been deteriorating over the years to, what’s in it for me, greed is good, and I want it now, a valid and acceptable “means” has consequently also deteriorated.

In general, this end-means assertion is introduced as a defensive justification for some course of action being challenged by others. It usually involves a discretionary decision by some authority entity, like a town council, board of directors, management, etc.  Not surprisingly, we find this defensive reaction in many HOA-Land situations; I discuss one such incident based on real events.

Read the full paper

HOA “bible” ignores members’ property rights

An excerpt from the HOA “bible” that was the source of the HOA legal scheme and structure, and included appendices on model CC&Rs and bylaws (Appendices F, G, and H, pages 384 – 402). While over time minor changes have appeared in governing documents, they are for the most part, and in particular on fundamental issues, boilerplate covenants contained in the Handbook.

Note that no mention is made of the homeowner, the HOA member, whose property interests are at stake and the subject of the legal scheme. “Association officers,” as we have discovered, represent the association and not the personal property interests of the members. The members are there, it seems, to fund the HOA. It is a top-down governmental structure with little concern for protecting principles of democratic government.