Is there a way out? Definitely yes!
It is not by going to state legislatures to be repeatedly rejected, or given token reforms but with no substantive redress of grievances. It is not by repeatedly expecting the courts to do homeowner justice in spite of the strong stare decisis precedent of pro-HOA laws and public policy favoring HOA-Land. It is not by expecting law colleges to provide a balanced educational program in law for students that includes HOA constitutionality.
And it is not by hoping that the media — granted special 1st Amendment protections to inform and educate the citizens on political matters — will measure up and so present the whole HOA truth that has been so long hidden from the public.
As a result of my 21 years of activism and advocacy for HOA constitutionality, and my education and detailed research, I have come to understand the greater social and political forces at work. These forces that have led to the current culture and environment surrounding the HOA legal scheme and structure. They are detailed in my “The HOA-Land Culture.”
Read more at Cult behavior within HOA-Land and Plan to Restructure HOA model.
It is important to understand that the vast majority of the public and government officials are under the mistaken impression of a homogenous, one-size fits all view of HOAs as presented in CAI’s voluminous descriptions and promotions of what are HOAs. Only in its Statistical Reviews are Large-scale associations (LSA) presented in passing with an estimated 6,000 – 9,000 associations over 1,000 units.
However, in June 2016 LSA survey CAI did go into some detail to categorize associations by primary theme or function: Residential, Resort/Residential, Age Restricted, Private and Mixed Use. (I had introduced these categories in my 2005 analysis of CAI’s survey). The survey found that 44.3% were Residential, 26.8% Resort, and 14.1% Age restricted, with Age restricted not further refined. There are very important distinctions between these categories among which the Resort and Age restricted associations had 6 times the number of part-time/seasonal owners than Residential.
This huge disparity in part-timers and primary theme make it quite evident that Resorts/Age Restricted associations can be viewed as 365-day timeshare resorts. The owners’ expectancy of, and agreement to, HOA regulation is significantly more pronounced than those of Residential owners who believe that they were just buying a nice home.
There’s “no one-size fits all” when it comes to HOAs!
I cannot discover the distribution of HOAs by units/lots anywhere including the CAI websites and pages. However, I did uncover a glimpse of this breakdown in the 2011 CAI Nevada LAC’s “Why Legislative Advocacy Matters” where it showed only 1.8 % of Nevada’s associations had over 1,000 units. Units less than 200 amounted to a massive 74.8% and the combined 500 or less amounted to 90.5%.
The bottom line
It is my view that the CAI Central pronouncements and propaganda addressed to the policymakers speak to this pitiful minority of Resort/Age Restricted associations and not to the massive 90% of associations where the members believed that they were buying a home protected by their HOA. The vast majority of HOA abuse and rogue boards, but not all complaints, stem from this 90% ignored by state legislatures.