Folks, time for a reality check. You know I’ve repeatedly argued for constitutional protections and getting only slip-service. As Prof. Evan McKenzie wrote in 1994 (Privatopia: Homeowner Associations and the Rise of Residential Private Government,
“CIDS [HOAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.”
Many of your complaints, here and on other websites, reflect this reality of an authoritarian government that coerces consent. HOA boards are not required to uphold member fundamental rights; neither are they obligated to be fair, just, understanding, or compassionate. HOAs are NOT public governments with these implied obligations. It does not have to be that way!
“An HOA is the governing body of a condominium or planned unit development (PUD) functioning for all intents and purposes as a de facto local political community government, but not recognized as such by state governments.
“Without fair elections procedures that contain enforcement against HOA board wrongful acts, including retaliatory acts and intimidation by the board, voting in an HOA is a mockery of democracy. Is this HOA government better than public government? Common sense tells us no!”
“Your HOA board (BOD) is unaccountable under state laws with trivial, if any, penalties or punishments for violations of state laws or the governing documents? Without meaningful enforcement to hold BODs accountable and to serve as a detriment to continued violations, you are forced to sue just to get compliance.
“The much touted HOAs are democratic because members can vote is utterly without merit? Fair elections protections, as compared with those in the public arena, do not exist under a corporation law. Members do not have equal access to HOA newsletters, website, member lists, and use of common amenity meetings rooms, among other denials.”
DEMAND CONSTITUTIONAL AND FUNDAMENTAL PROTECTIONS! Demand your legislators support such a bill as proposed HOA constitutionality bill.