HOAs are not a club. They are legally binding adhesion agreements in favor of the HOA government, the BOD, and seriously detrimental to homeowner property interests and member fundamental rights. Members are at risk because the private “contractual” CC&Rs have been held superior to the US Constitution by the courts. The facts are there in the public records and state HOA statutes known as “Acts.”
It is in the best interest of the members not to obediently agree to all the BOD says they should, but to get educated and discover the truth for themselves. If they can handle the truth. Discover for yourselves.
My seminal book, The HOA-Land Nation Within America describes the collection of HOAs throughout America as “HOA-Land.” It identifies HOA-Land as a nation within America based on its culture, beliefs, values, and commonality of contractual CC&Rs acting as its constitution.
My sequel to HOA-Land Nation, A Plan Toward Restructuring the HOA Model of Governance, another seminal work, presents the case for the restructuring of the HOA model of governance. It seeks to bring the private government HOA into compliance with and subject to the Constitution as required of all local governments.
This morning on CNN Michael Smerconish discussed the question of free speech with respect to disagreeing with a position. In this highly sensitive environment too often a disagreement with a position evokes an angry demand to remove or not publish the statement. That is not free speech but, as Smerconish said, “my-speech.” It is not asking for agreement but free speech – let the other person have his say. Let a dialogue ensue which is a must for a healthy democracy.
In the culture of the HOA-Land Nation, any opposition to, or criticism of, the HOA or its board of directors is too often met with angry condemnation, character assassination, ostracization, and the non-publishing of the opposition voice. Some HOAs give the appearance of concern but only provide token Q & A dialogues with no real exchange of the issues. This open opposition to free speech is endemic to the HOA-Land culture and reflects an undemocratic, authoritarian cult-like environment.
Problems with HOAs, as we are all aware of, cannot be resolved when member criticism and opposition is squelched as a matter of policy. Until the members say, “enough is enough” and demand constitutional reforms the problems will continue unresolved.