Authoritarianism in the HOA-Land Nation

“There are a lot of Americans who do not care for democracy. They do not mind [failing] to follow the Constitution, or that [it] poses a danger to democracy.[1]

The HOA legal structure and scheme is basically authoritarian in nature: strong central power, limited political freedoms, no accountability, and under the rule of man, not law. 

There are some people [authoritarian followers] for whom the system of checks and balances are bothersome and annoying, and dislike the noise and chaos of democracy”.[2]  

“People who score high in authoritarianism, when they feel threatened, look for strong leaders who promise to take whatever action necessary to protect them from outsiders and prevent the changes they fear.”[3]

The HOA is truly a totalitarian democracy.

“A totalitarian democracy . . . retains full power of . . .  the right of control over everything and everyone. Maintenance of such power, in the absence of full support of the citizenry, requires the forceful suppression of any dissenting element except what the government purposely permits or organizes.”[4]

The authoritarianism of HOA-Land [5] is masked by a thorough indoctrination[6] that the real estate subdivision is a democratic community because the members are allowed to vote, as meaningless as it is. It seems that the more predisposed to authoritarian control the more the member acts as a diehard, dogmatic, true-believer in the BOD.

In 2019  I conducted a limited study on authoritarian followers in HOAs following the stablished research procedures[7] to determine the extent of authoritarianism in the HOA  setting.[8]  I found that,

“High RWA followers can be found in HOA members. My concern focused on the blind, to me, acquiescence to whatever the BOD told the members what it wanted approved, especially when it involved amendments to the governing documents. When presented with hard, concrete evidence of violations of the law or governing documents, the majority of the members just gave the BOD a blank check.”

The above chart (responses to 30 questions)  shows the degree of authoritarianism based on percentages: the higher, the stronger the authoritarian presence. “3Q” reflects HOA responses to 3 strict “control” preference questions in the survey, as a BOD member or not. The middle 2 bars reflect all the results from all HOA respondents and the lower 2 reflect HOA members or not – the public. 

The prevalence of authoritarian followers is clearly indicated with respect to the HOA’s “enforcement” attitude. The authoritarian culture of HOA-Land contributes to the decline in American democracy. “[Authoritarians] seek to . . . rewrite social contracts, and, sometimes, to alter the rule of democracy so they never lose power. Alexander Hamilton warned against them.”[9]

This study on HOA-Land authoritarianism is consistent with research findings with respect to the general public and political leanings.[10]  “[Authoritarians] understand their role, which is to defend the leaders, however dishonest their statement, however great their corruption, and however disastrous their impact on ordinary people and institutions.”[11]

References


[1] Verdict” email from Justia.

[2] Anne Applebaum, Twilight of Democracy: The Seductive Lure of Authoritarianism, Doubleday (2020).

[3] Amanda Taub, “The rise of American authoritarianism,” Vox (March 1, 2016).

[4] George K. Staropoli, “HOA political dynamics: totalitarian democracy,” The HOA-Land Nation Within America, StarMan Publishing (2019). J. L. Talmon quote.

[5] Authoritarianism: favoring complete obedience or subjection to authority as opposed to individual freedom..

[6] CAI’s effect on the BOD, the members — especially the loyal “followers” — and the public in general stems from 45 years of indoctrination by means of the CAI School of HOA Governance. See in general, Restructuring HOAs: “CAI School and member benefits” pt. 2 (2020).

[7] Bob Altemeyer, The Authoritarians, 2007.

[8] George K. Staropoli, “Preliminary HOA – public survey report,” HOA Constitutional Government (2019). Links to detailed report.

[9] Supra, n.2, p. 20.

[10] Supra, n. 3.

[11] Supra, n. 2., p. 25.

Lost HOA Constitution webinar complete videos

This post allows access to 3 webinar videos on Restoring the Constitution to HOA-Land. The quality improves as I go on — it’s the content, the material, that’s important to learn and understand.

For best viewing press the ‘expand’ icon (lower right) for full screen viewing. Place cursor over video to select menu.

HOA constitutionality Plan supplement – BOD education

The Plan Toward Restoring the HOA Model of Governance[1] called for both a systemic restructuring of the HOA legal scheme and the need to reorient the BODs and legislators. The long ignored and inexcusable questions of constitutionality that continue to harm members and the greater communities across this country must be exposed, understood and accepted.

hoa-const.jpg

The above picture reflects the rewrite of the Preamble to the Constitution as applied to the HOA-Land nation. It reads,

“We the people of a private HOA, in order to protect property values, insure domestic tranquility, promote the general welfare, and secure the blessings of increased property values to ourselves and our posterity, do ordain and establish this Declaration for the United HOAs of America.”

Why is there a need for board of directors education on HOA constitutionality? Why? Because:

  • HOAs are a form of local government not subject to the Constitution, and have created divisiveness and a separation from the greater public community resulting in member confusion regarding the law and their constitutional rights and protections;
  • the national lobbying entity, CAI, has indoctrinated the legislators, the courts, and the public with its CAI School of HOA Governance program that contains just lip service to constitutional questions, for example,

“A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home.”[2]

while opposing the application of the Constitution in its numerous amicus curiae briefs to the courts, for example,

“In light of these statutory, contractual and common law standards protecting the interests of community association members, they need not claim constitutional protection from the conduct of governing boards to exercise their rights with respect to the associations.”[3]

  • The Findings, Section II, Education for Homeowners Associations and Board Members, of the North Carolina HOA study report to the NC General Assembly recommended,

“In order to provide accurate and readily available resources to educate homeowners, board members, and interested persons about the duties and responsibilities of property ownership in an HOA community, the General Assembly . . . to seek reliable and unbiased information available from private entities . . . and provide for published and online documents and programs offering HOA education . . . .”[4]

  • Privatopia: Homeowner Associations and the Rise of Residential Private Government, the 1994 landmark book based on the research of UIC Prof. McKenzie, and highly appropriate today, called the reader’s attention to,

“CIDS [HOAs] currently engage in many activities that would be prohibited  if they were viewed  by the courts as the equivalent of local governments.

“In a variety of ways, these private governments are illiberal and undemocratic. Most significantly boards of directors operate outside constitutional restrictions because the law views them as business entities rather than governments. . . . [They] are inconsistent not only with political theories of legitimacy but with the normal process by which governments are created. . . . Thus these ‘private governments’ may violate the equal protection clause of the Fourteenth Amendment.” (Chapter 6).

  • A Table of Authorities,[5] not all inclusive, supporting the Restoring the Lost Constitution.
  • Unanswered questions on HOA constitutionality:

CAI Common Ground Editor Durso mentioned my 2006 “‘open e-mail questionnaire to CAI’ containing four questions.”  Below is a copy of those questions initially addressed to the AZ Legislature a year earlier.  I never had any answer, either from the Legislature or CAI, nor any debate on the issues.

In a 2011 email to the North Carolina Legislature House HOA Committee I asked, “the legislators, the public interest organizations and policy makers to consider the following questions.” And I concluded with, “I await your reply, or a reply from any of the legal-academic aristocrats.”[6] Still no answer.

    • Can a legislature delegate its functions, not government services but functions, to private entities without oversight or compliance with the Constitution, as required of all government entities?
    • 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?

 A webinar is in the plans that summarizes and follows the materials – the text — comprising the HOA educational series to reorient HOA boards and the public in general. The text is available online under the collection, “Restoring the Lost Constitution to HOA-Land.” Will be coming soon.

Notes

[1] See https://tinyurl.com/sr27yq3.

[2] About Community Associations Institute, April 4, 2020). https://finance.yahoo.com/news/community-associations-institute-cai-provides-181931116.html. April 4, 2020).

[3] CAI amicus brief, Jan. 3, 2013, Dublirer v. 2000 Linwood Avenue Owners Assn, N.J. Docket 069154 (2014).

[4] “Study On Homeowners Associations”, Luke A. Rankin, Chair, South Carolina General Assembly (December 18, 2015). (http://www.scstatehouse.gov/CommitteeInfo/HomeownersAssociationStudyCommittee/HOAStudyCommitteeFinalReport12182015.pdf). April 27, 2020).

[5] http://starman.com/m…/restructureHOA/restructure-reading.pdf.

[6] See Too hot for NC HOA committee – withdraws legal-academic “experts, George K. Staropoli, HOA Constitutional Government (Nov. 17, 2011). https://pvtgov.wordpress.com/2011/11/17/too-hot-for-nc-hoa-committee-withdraws-legal-academic-experts/

UCIOA (HOA) revisions in the works

The Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (UCA) are currently in draft mode. (Essentially, they are being treated as one). As a model for states to adopt as their HOA laws, UCIOA was first introduced in 1982 and currently has 9 states adopting some version of UCIOA and some 14 states adopting UCA, the uniform condo act.

Among the changes being considered are amendments to governing documents (§1-206), owners and duties of the association (§3-102), executive board members and officers (§3-103), voting and ballots (§3-110), and assessments (§3-115).

A meeting of the drafting committee will be held this Friday and Saturday, April 3 & 4. The committee consists of lawyers generally appointed by their state Governor. Invited to attend are persons who have indicated an interest in the workings of the committee, designated as Observers. Observers are expected to contribute to the discussion of the issues and can submit amendments for consideration. Sort of like a citizen submitting a proposed bill to his legislator.

Not to be surprised, former CAI president and active NJ CAI member David Ramsey is an Observer.

In 2008, in response to David Kahne’s AARP paper on HOA member rights and the works of others including political scientists, a Member Bill of Rights was adopted as a separate add-on to UCIOA. It never took off. And still the ULC (Uniform Law Commission) has not revisited constitutional protections for members in spite of several bills advancing those rights in 3 states.

Read more about the objectives and purpose of ULC.

Podcast: AZ omnibus HOA bill demonstrates workings of legislators

In 2013 Arizona Rep. Ugenti attempted twice to get this all or nothing HOA bill made law and having finally to resort to an unconstitutional dark of night successful passage. It violated the AZ Constitution and rules of the AZ legislature resulting in a successful court challenge of unconstitutionality. No ethics complaint was filed against Ugenti.

The video deals with the first attempt presentation by the sponsor, Ugenti, and AACM lobbyist (Arizona Assn of Community Managers). The bill passed the committee but failed in the Senate. In the late night hours with the legislature tired out from an extended budget debate, SB 1454, same bill content, was passed 5 minutes before sine die.

My comments (video and written) are included as the video moves along.

 

 

Get informed and knowledgeable about HOAs in America  — discover what has been hidden from you all this time. Read HOA-Land Nation Within America today!