Staying the course to apply the US Constitution to HOA-Land

In my long involvement in HOA reform legislation I’ve suffered defeat after defeat culminating in this week’s AZ Supreme Court denial to hear Tarter v. Bendt and address my amicus curiae brief. The brief raised deep questions arguing that state legislatures and judges demonstrate an unconscious pro-HOA bias as a result of years of an unopposed picture of the HOA legal scheme. And as such, erred in the courts’ decisions against Bendt.

But taking heart from the words of Winston Churchill,

Or even better, from WWII General Joseph “Vinegar Joe” Stillwell,” Illegitimati non carborundum (Don’t Let The Bastards Wear You Down).

But still, I managed to have some successes.

Several of you have received my Don Q Medal of Valor for your repeated efforts to expose and inform the public about the hidden side of HOA-Land, the side the national lobbying entity avoids like the plague. Over the years I’ve come to the conclusion that I’m the real personification of Cervantes’ fictional Don Quixote. I wrote:

 “The reality of the HOA ‘windmills.’ This is my statement on the rejection of my efforts to restore constitutional protections to HOAs by a society suffering from a decay and decline in ethical, moral, and democratic values.

 “For the most part, my analyses and warnings have been ignored by elected officials and politicians at all levels, by the public at large, and by a large majority of homeowners living in HOAs. So, it appears that like Don Quixote,  I am out-of-step with the reality of these times. But it doesn’t make me wrong!  Historians will judge.”

(See HOAs as ‘windmills’, Dec. 2020).

I am also disappointed by the failure of HOA advocates to rally around the injustice perpetrated on a homeowner by an upscale HOA and the courts.

HOAs as ‘windmills’

This is my statement on the rejection of my efforts to restore constitutional protections to HOAs by a society suffering from a decay and decline in ethical, moral, and democratic values.

The reality of the HOA “windmills”

This metallic wall sculpture has been hanging on my wall for some 43 years. Bought at an arts and crafts show in a small town in Westchester County, NY.  I thought about selling it some 7 years ago but decided to hold on to it for some reason or other. Recently, I’ve come to the conclusion that acquiring it was a sign of my destiny, which turned out to be my 20 years of activism for substantive constitutional HOA reform legislation.

Most people will recognize the sculpture as the delusional knight Don Quixote doing battle against ferocious giants –windmills. 

However, Miquel de Cervantes’ Don Quixote de La Mancha (published in 2 volumes in 1605 and 1615)  has  deeper meanings relating to persons of high morals and ideals in a society that has  lost the values of chivalry and honor – of doing the right thing and coming to the aid of others. 

Cervantes portrays Quixote as being out of touch with the reality of his times.  As for my efforts, the windmills are real. They are HOAs. There are numerous reviews of Don Quixote revealing Cervantes’ deeper meanings as quoted in several examples below:

“He had the moral courage in him to go beyond the ordinary in spite of those around him thinking of him as an outlier. He could imagine what others couldn’t — the first step to greatness and leadership.

“After Quixote had imagined what was possible, he had it in him to commit to it and believe in the purity of his goals.

“The novel’s message that individuals can be right while society is wrong was considered radical for its day.”

I have written about the culture within HOA-Land; I have written about the decline and decay in society’s moral, ethical, and democratic values. (See Constitutional Local Government and HOA Constitutional Government). For the most part, my analyses and warnings have been ignored by elected officials and politicians at all levels, by the public at large, and by a large majority of homeowners living in HOAs. So, it appears that like Don Quixote,  I am out-of-step with the reality of these times.

But it doesn’t make me wrong!  Historians will judge.