HOA “bible” ignores members’ property rights

An excerpt from the HOA “bible” that was the source of the HOA legal scheme and structure, and included appendices on model CC&Rs and bylaws (Appendices F, G, and H, pages 384 – 402). While over time minor changes have appeared in governing documents, they are for the most part, and in particular on fundamental issues, boilerplate covenants contained in the Handbook.

Note that no mention is made of the homeowner, the HOA member, whose property interests are at stake and the subject of the legal scheme. “Association officers,” as we have discovered, represent the association and not the personal property interests of the members. The members are there, it seems, to fund the HOA. It is a top-down governmental structure with little concern for protecting principles of democratic government.

Preface to HOA Common Sense

PREFACE

The title of this pamphlet, “Common Sense,” was chosen to identify and relate to the aims and purposes of the original 1776 pamphlet by Thomas Paine, Common Sense. Prior to the American Revolution it was Paine who provided the reasons and justifications for overthrowing the oppression government of King George III. He raised the consciousness of the colonists as to their second-class citizenship with respect to the British Empire, and something had to be done about. It was widely read by the Founding Fathers who did do something about it.

With a similar object in regard to oppressive, authoritarian HOA regimes, I present a summary of the essential issues that must be similarly remedied to bring about substantive changes to planned community/condo private governance.

Clarifications of meanings and concepts

A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region. The common, binding element of HOAs is its organic law foundation, from which flow all state laws and the declarations of CC&Rs boilerplate, is based on The Homes Association Handbook of 1964.


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.

An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization’s body of rules. A constitution is a particular form of organic law for a sovereign state. The US has indeed a set of documents constituting its organic law.

Definition of HOA-LAND: HOA-Land is a 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.

Read the book: HOA Common Sense: rejecting private government, a summary of 6 constitutional defects.

Biden must order law colleges to uphold HOA content-neutral free speech

We must make the injustice visible” Mahatma Gandhi

Can Americans look forward to any improvement in the application of the 14th Amendment equal protection of the laws and due process protection of their constitutional rights as a citizen?   I do not think so when college law students, especially those wishing to be competent and knowledgeable constitutional lawyers, are not educated in the unconstitutional aspects of the presumptively invalid declaration of covenants, conditions, and restrictions (CC&Rs). The CC&Rs are in reality the HOA subdivision/condo “constitution.”

Justice Ginsburg stated in her equal pay for women dissent that,

Title VII [Employment equal pay for women discrimination act] was meant to govern real world employment practices and that world is what the court [US Supreme Court] ignores today.”

This is very same attitude by the courts with respect to what is really happening in the real world of HOA-Land; the courts do not have any understanding of homeowner constitutional issues.  Otherwise how could it deny constitutional protections?  What are the factors that blinds them to the ab initio unconstitutional CC&Rs?

I keep waiting for an illustrious constitutional lawyer or political scientist to rise to the level of Ginsburg and uphold the original intents and purposes of the US Constitution as stated in its Preamble.

Could it be that the law colleges are also intentionally blind to the constitutional issues plaguing HOAs since 1964 when the “bible,” The Homes Association Handbook, was published?  For example, ASU’s Sandra Day O’Connor School of Law does not provide library references to these issues and insists on only listing the materials based on the CAI School of HOA Governance; by the national lobbying arm supporting the HOA legal scheme of today.

Have the law schools been indoctrinated into accepting CAI’s self-interest perspective and treat HOA-Land as an institution, accepting that is the way it has always been?  The judicial system, the law colleges, the legislatures, the Uniform Law Commission (UCIOA), the media, and the public in general all need to be deprogrammed!

I do not believe other prestigious law colleges include HOA unconstitutionality as an item in their degree programs. Unconscionable!

For more information on deprograming and reorienting HOA-Land indoctrination, see my publications and web page Commentaries:

HOA bill of rights history updated
ASU Law ignores content-neutral free speech for HOAs
Uniform Law Commission rejects subjecting HOAs to Constitution
The HOA-Land Nation Within America (publication, 2019)
A Plan Toward Restoring the HOA Model of Governance (publication, 2020)
See restoring HOA Constitution Plan FAQ

What the Lost HOA Constitution webinar will reveal

Veritas para Justitia  (Truth for Justice)

May 22, 2020 11:00 AM PDT

To receive an invitation please respond to gks256@NYU.edu with “webinar” as the subject and the email address that you will use to participate

The 1964 Homes Association Handbook is the HOA “bible.” Here’s an example of the objectives of the origins of HOA-Land:

The last paragraph of the Foreword by the then ULI (Urban Land Institute) President reads:

“It is our firm belief that the information and recommendations contained in the handbook will be of major value to land developers, planners, home builders, appraisers, mortgage lenders, realtors, attorneys, association officers, and public officials concerned with the planning, development, and operation of stable and attractive residential areas for the home owner and the community.”

Reads like a money-making venture with a social value attached. Like selling a business product for the backers. The Handbook has no references to questions of local government or constitutional validity. But over the course of years HOAs have been sold as protecting property values, the greatest form of democracy, and “care-free living” among other “community” connotations. All purchased under a real estate contract and not under a commercial business or stock contract. Is this misrepresentation?

More can be found in the webinar.

 

Restoring the lost Constitution to HOA-Land

Some 23% of Americans live in HOA-Land, that collection of fragmented independent principalities known, in general, as HOAs. Overwhelmingly their members swear by the HOA as the next best thing to Mom’s apple pie. It is hard to accept this undying loyalty to the HOA and its board of directors in view of the fact that their acceptance of HOAs is the result of an intentional indoctrination by national lobbying, business trade group that, in my mind, does not know how to spell “constitution.. Obviously then, those CAI surveys are suspect.

HOAs are separate, local private governments not subject to the constitution, and collectively constitute a nation within a defined geographical region known as the United States. “A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region.”

“Public policy today rejects constitutional government for HOAs allowing them to operate outside the law of the land. The policy makers have failed to understand that the HOA CC&Rs have crossed over the line between purely property restrictions to establishing unregulated and authoritarian private governments.”

To provide the ignored but important and substantial aspects of the HOA legal scheme I have designated three books by StarMan Group under the collection, “Restoring the Lost Constitution to HOA-Land.” They are 1) HOA Common Sense: rejecting private government, a summary of 6 constitutional defects, 2) The HOA-Land Nation Within America, presenting the scope of outlaw private governments that deny constitutional protections to HOA members, and 3) The Plan to Restructure the Model of HOA Governance that advances a plan to restore the Constitution to HOAs while keeping the desired benefits of the “real estate package.” (All the above can be found on Amazon.com).

For a historical perspective of HOA-Land, see:

  • The Homes Associations Handbook (ULI, 1964). Not publicly available but I have a copy of the 434 page document).
  • Privatopia: Homeowner Associations and the Rise of Residential Private Government (1994), Evan McKenzie.
  • Community Associations: The Emergence and Acceptance of a Quiet Innovation in Housing (2000), Donald R. Stable. (ULI and CAI production).

(All the above, except for the Handbook,  can be found on Amazon.com).