A history of the institutionalization of HOAs

After 58 years, the public, the legislators, the media, and the HOA boards of directors and vast majority of members have remained quietly accepting HOAs as a private form of local government.

People could care less about the truth. People buy promises and dreams. They’ll do anything to avoid reality” (anonymous)

The above quote, reflecting human nature,  gets to the very heart of the HOA-Land problem. It applies to all HOA members throughout America.  In a sarcastic Nextdoor  post, the writer expressed his feelings that my posts presenting justifications for restructuring HOA-Land were, in my words too cute. He didn’t want “to be in an association that George had anything to do with . . . and take his trouble making rhetoric to other lucky people.”

I responded:

My HOA right or wrong! So what if it has violated state laws and the governing documents, and refuses to defend itself. So what! As long as the amenities keep coming and assessments stay low, I guess all is OK.”

I have high hopes that all HOA members will follow their conscience and do what is right for their community, their state, and for America.  The alternative is a rejection of our democratic institutions, our constitutional government,  and the principles and values that we, as Americans, stand for.  The alternative is an acceptance of the HOA-Land Nation Within America.

THE  ALLEGORY  OF  THE  WIZARDS OF HOA-LAND

“Pay no attention to that man behind the curtain!”

The quote comes the classic film The Wizard of Oz. The Wizard of Oz tells the story of Dorothy (and her dog Toto) who is magically transported to the Land of Oz. Now, stuck in the Land of Oz she  is advised to see the Wizard of Oz as he may know of a way to send her home.  Speaking to the Wizard, who looks like a giant floating head, the floating head is exposed as just an illusion created by a middle-aged man hiding behind the curtain, who is the “real” Wizard. He attempts to distract them by asking them to ignore the man, saying “Pay no attention to that man behind the curtain.”  (View https://youtu.be/YWyCCJ6B2WE).

The ”Wizards of HOA-Land” are none other than the HOA boards of directors (BOD) who provide illusions of happiness, approval, and support by the majority of their members.  The BODs use propaganda statements — disinformation consisting of false, misleading, and half-truths —  videos, photos, testimonials, and coercion applied to non-believers in their message.

Speaking specifically in regard to my “Mgmt Case Study #1” subject, Arizona’s SCG, as a result of the BOD’s arrogance, its defensive posture using propaganda to create illusions of proper and righteous conduct, its silence on the crucial issues, and its continued violations of black-letter statutes and the governing documents, I’ve managed to pull away the “curtain” and expose the Wizards in action. The BOD’s response has been, in effect: Pay no attention to these criticisms and just believe in how we’ve made you all content with  SCG

The SCG BOD election  mockery

(In general, the legislators, the media, the HOA BODs and members need to step back and see the ugly forest through the trees — the claimed “isolated” incidents.)

And so the BOD, with some 30% of the votes already cast, continues to urge the members to vote.  Why?  Under SCG’s election procedure the winners are from the top 4 vote counts, and with more than 10% voting to avoid any quorum issues, why bother?  Would it really make a difference among 7 shades of gray candidates who, as I’ve pointed out elsewhere, have been carefully selected and controlled by the BOD with the result, no matter who won, of more of the same policies, attitudes, decisions, culture as before.  The independent voices of  the members have been denied.

A Committee for the Betterment of Sun City Grand  (CBSCG) is becoming a necessity for any hope of restoring member fundamental rights and freedoms.  The members must act!

What does “HOA” really mean?

What are we talking about when we hear “I live in an HOA” or “what are my HOA fees?” Allow me to clarify some important concepts and definitions that I have employed to help in understanding what we are really talking about.

  • The term “HOA” is commonly used in 2 different aspects.
    • While commonly used to refer to the alleged community, in reality the “community” is a real estate “package” of homes, landscaping, amenities, and rules.
    • “HOA” more aptly applies to the association itself, which is the de facto – in fact – political governing body of the subdivision or real estate “package.”
  • “Government,” meaning political government, is defined in its general sense as “the person or group that controls and regulates the people within a territory.” Since your subdivision is a territory, that makes the HOA a truly political government.
  • “Private government” is a de facto government as defined above not incorporated under municipal statutes but under nonprofit corporation statutes. As such, it is a functioning government unrecognized by the state as Cuba had been for years.
  • “Quasi-government” simply means for all intents and purposes having all the attributes of a municipal government, except the names have been changed to mislead the innocent public.
  • “HOA-Land” is my descriptive term for “the collection of fragmented independent principalities within America, known in general as “HOAs,” that are separate local private governments not subject to the constitution, and that collectively constitute a nation within the United States.”
  • “Structured tribalism.” Tribalism is a term currently in vogue to describe divisiveness in America. “Structured tribalism” extends that view to describe the intentionally planned policy for the acceptance and control of HOA-Land.[1] It views the fragmented HOA-Land as distinct villages and clans.

When I speak of restructuring the HOA, I am referring to the authoritarian, undemocratic body functioning outside of constitutional protections, and making it a democratic government subject to homeowner constitutional protections.

proposed HOA constitutionality bill

“Now is the time for all good homeowner advocate leaders to come to the aid of member-owners”

 living in HOAs and suffering abuse, financial and emotional distress as a result of BODs being  protected by Arizona laws. These abuses are easy to understand and support! (See HOA Common Sense: rejecting private government and The HOA-Land Nation Within America).

A quick and simple — but highly effective — bill that was proposed in March 2011 and will bring relief to homeowners being treated a second-class citizens by state laws in support of the HOA legal scheme. It was ignored by Arizona advocates and dismissed by the Legislature.

“No provision of any contract or any declaration of covenants, conditions, and restrictions . . . is enforceable in this state unless the party seeking to enforce the provision proves by clear and convincing evidence that 1) the provision being enforced was knowingly and voluntarily agreed to by all parties . . . . Any representation or statement offered as clear and convincing evidence . . . shall include a signed statement containing the following, beginning with “I understand that I can ask that the following be read and explained to my satisfaction.”

So reads an excerpt from my proposed “Truth in HOAs” statute that should be made law in each and every state. That is, if indeed the legislature stands by the Declaration of Independence and the US Constitution, which we are hearing so much about in the media nowadays.”

The “The Truth in HOAs Act,” as I called  it,  allows each state to modify the proposal in accordance with its state HOA/condo acts — shown in square brackets [].  Also, subsection (3) contains a list of acknowledgements  that can be tailored to each state’s advocate lobbying efforts.  See Arizona Truth in HOAs statute (pvtgov.org).  The essential bill section is contained in subparagraph (4).

Therefore, in reference to subsection 3(d) above, the CC&Rs or Declaration for any planned community, condominium association or homeowners association shall state that, “The association hereby waivers and surrenders any rights or claims it may have, and herewith unconditionally and irrevocably agrees to be bound by the US and State Constitutions and laws of the State as if it were a local public government entity.

 The real estate subdivision or condominium will not be affected by requiring HOAs to join with other forms of local government and be subject to the Constitution as a home rule entity.  See HOAs violate local home rule doctrine and are outlaw governments.

This 2022 legislative session offers a unique, one-time opportunity to get the message across and to educate the legislators. Remaining silent on the issues only plays into the pro-HOA hands of CAI and offers excuses by the media not to cover HOA abuse.  Not only will you find “ammunition” in support of your arguments as contained in the 2 above publications, but also in my Arizona Supreme Court  amicus brief filed and accepted in Tarter v. Bendt (see note (vi) in Can HOA members expect justice in Arizona courts?).

My arguments are summarized in the Commentary.  As is my approach, my arguments are supported by legal authority and hard evidence documents, which CAI ignores and YOU lose!  They must be exposed if the legislators are to be fully informed on the reality of HOA-Land.  As leaders who are internet publishers,  actions speak louder than words!

 

Explaining HOA member irrationality – the BOD can do no wrong

My concern, since I was a teenager, was how do people make decisions and important choices, and why. It should be generally accepted today that we are facing a lot of harmful irrationality in many aspects of our society. It would seem, addressing the conduct, behavior and choices made by members of HOAs with respect to their HOA, and to the institution of HOAs in general, that the adage “My rationality is your irrationality and vice versa” is at play.  (What you consider rational I consider irrational, and what you consider irrational I consider rational).

My many years of activism in HOA reform legislation and research into this issue led me to the strong belief that the forces and dynamics of cult behavior[1] and authoritarianism[2] were the chief factors in the behavior of HOA members; the majority of whom seem to act in a highly irrational manner that was harmful to their own self-interests – the HOA can do no wrong.

Well, thank goodness Steven Pinker[3] makes some sense of rationality by delving into the functioning of the mind from a cognitive psychologists point of view.[4]  (It’s like trying to explain why the chicken crossed the road). Having a minor in psychology, I describe Pinker’s presentation as rather deep being directed more to  Rationality 201 or even higher, Rationality 301, using college level course structure. The “meat” of his book, for my purposes, comes in Chapter 10, What’s Wrong With People, when he comes down to the level of the average person.

From the very start Pinker makes it clear that the average person does not understand scientific investigation, the mathematics of probability, formal logic analysis, syllogisms, forecasting, etc..  He simply uses his gut feelings, his intuition,  which has always been mankind’s way of thinking.

Summarizing the author’s views, using annotations to simplify his learned arguments,

To be sure, many superstitions originate in overinterpreting coincidences, failing to calibrate evidence against priors, overgeneralizing from anecdotes, and leaping from correlation to causation. [In more common terms, failing to vet the claims or to conduct  due diligence].

Social media may indeed be accelerating their spread, but the [appeal] lies deep in human nature: people . . .  compose these stories, and it’s people they appeal to.

The mustering of [reasons] to drive an argument toward a favorable conclusion is called motivated reasoning. The motive may be to [support] a favorable conclusion, but [also to] flaunt the [other sides] wisdom, knowledge, or virtue.

People seek out arguments that ratify their beliefs and shield themselves from those that might disconfirm them. [Emphasis added].

“A large majority of Americans consider themselves less susceptible to . . .  biases than the average American, and virtually none consider themselves more biased.”

Study the above statements by the author carefully. It should become apparent that they describe the why and how the bulk of HOA members blindly obey their HOA board of directors.  They also explain the cult mentality of and the authoritarian appeal by the members (see Notes below).  It demonstrates that the mindset of the majority of members is believing that their HOA is heaven on earth and the next best thing to Mom’s apple pie; they do not want that belief disturbed and— unconsciously — naturally adopt motivated reasoning to preserve their image of a better community, a better world.

Please understand the difference between a real estate condominium and planned subdivision with its desirable amenities, landscaping, and oversight on contractual violations from the association that is the authoritarian, governing body also commonly referred as the HOA.  The former can be retained under the protection of Constitution now denied to the HOA members.

Applying Pinker’s findings, did the Arizona Supreme Court act irrationally in its denial to review the Tarter v. Bendt Petition[5] filed by the homeowner?

Notes


[1] See Cult behavior within HOA-LandEscaping the HOA cult environmentA Plan Toward Restructuring the HOA Model of Governance.

[2] See HOA political dynamics: totalitarian democracy and  Authoritarianism in the HOA-Land Nation.

[3] Steven Pinker, Rationality: What It Is, Why It Seems Scarce, Why It Matters, Viking (2021).

[4] Cognitive psychology is the scientific study of the mind as an information processor. Information processing in humans resembles that in computers, and is based on based on transforming information, storing information and retrieving information from memory. Cognitive Psychology.

[5] See AZ supreme court denies hearing HOA case raising limited-purpose public figure doctrine.