AZ GOV committee hears the voice of HOA members

The Arizona GOV committee meeting on HB 2158 yesterday heard the voice ot the HOA homeowners  — the HOA citizens — on the need for HOA regulation and control of rogue boards. The members heard the horror stories, and were made awareof lack of free political speech as enjoyed by non-HOA members.

The bill passed 7 – 0 with 131 owners submitting their support for the bill, using the RTS (Request to Speak) procedure, while just 3 RTS submissions were against the bill.  This procedure allows the public to submit a short statement for or against a bill, with the option of speaking at the meeting.  All submissions become part of the public record and are accessible by the public.

Here is a sample of the FOR submissions at both  the earlier House (195 FOR; 31 Against) and Senate hearings, by the owners themselves and not just board members:

  • This bill is necessary to prevent the abuse of fundamental rights or free speech and assembly. Please support it.(WD)
  • Homeowners should be able to use all the facilities of the HOA to express their concerns and ideas abou8t HOA business.  Please support this bill. (PF)
  • Please protect homeowners rights to voice their opinions without fear of retribution (KHW)
  • This bill seeks to protect homeowner’s ability to participate in the governance of their communities and to express their support or opposition for board candidates or community ballot measures in an attempt to influence the outcome. (D Legere)
  • It is criminal how HOA Boards are allowed to infringe upon one’s right to assemble/speak and impose their beliefs. (LN)
  • HB2158 will allow homeowners to engage each other over concerns for the betterment of their communities. (SP)
  • Please vote to protect the homeowners right to show support or opposition to HOA Board candidates.  The suppressive measures that our board takes is board line criminal.   (RW)
  • This bill will help empower homeowners to fight against overbearing board of directors. (KC)
  • We need to pass this legislation to protect the right of assembly and to redress the government for those who live in HOAs.  Vote yes for this bill.  (JR)
  • HOA’s should not be allowed to restrict a home owner’s freedom to assembly or free speech. Regardless of which side of the ballot the home owner votes on. (LS)
  • Homeowners are handicapped from effective political participation in HOA governance and fair elections will make a difference. (yours truly)
  • It prohibits HOAs from infringing on Constitutional rights of owners during HOA elections.  Two thumbs up!  (CS)

Yes, ’n’ how many times can a man turn his head Pretending he just doesn’t see?

The answer, my friend, is blowin’ in the wind The answer is blowin’ in the wind

Effective HOA board governance

This commentary follows up on my plan to restructure HOA governance[1] that first requires addressing the attitudes and views of BODs, the members, and the public in general.  The conditioning and indoctrination by the biased views of the national pro-HOA special interest entity must be de-conditioned by a program of reorientation.

  Once again I provide valuable information on the proper functioning of HOA boards in serving their “constituents,” their members.

The management[2] of a country, a state, or a local government, including the private HOA association, is commonly known as politics.  Politics is:[3]

“the practice and theory of influencing other people on a civic or individual level. More narrowly, it refers to achieving and exercising positions of governance — organized control over a human community, particularly a state.

“exercised on a wide range of social levels, from clans and tribes of traditional societies, through modern local governments, companies and institutions up to sovereign states.

“A political system is a framework which defines acceptable political methods within a given society.”

Managing a government disguised as a nonprofit association has its unique requirements and demands that, for the most part, have been ignored.  The commonly found guidelines from the national pro-HOA lobbying entity speak to an authoritarian government with member interests and concerns being secondary to the survival of the association. It’s an unacceptable deviation from the intents and purposes of our constitutional government.[4]

First, let me address the requirements for the sound management of a nonprofit association. Drucker[5] focuses on the overall, broad purposes and responsibilities of the board of directors (BOD) or board of trustees. 

The general term “nonprofit” does not apply to HOAs because it is not a business nor a public government, but “government controls.” The reality of the HOA association is that it controls as does a public government.

Drucker asks, what is the mission of the nonprofit?  A mission statement has to focus on “what the nonprofit really tries to do.”  It cannot be “a kind of hero sandwich of good intentions.” Strategies “convert intentions into action.”

Most HOAs, especially the smaller HOAs, do not have a sound strategy that addresses their mission, goals, and values. But the HOA has an explicit mission and purpose as set forth in the CC&Rs[6] and need to be revisited and made consisted with Drucker and Batts (see below).

Second, in an excellent book on the need for director orientation,[7] the author feels board orientation is lacking and instituting a guideline will improve the nonprofit’s mission and goals. In his succinct book, as applied to HOAs, Batt’s makes the following important points:

Key areas of board action are “strategy, oversight, and policy.”  In keeping with Drucker, “boards and board members should not micromanage the affairs” of the HOA. 

The BOD has “full and final authority” over the HOA association; they are “not merely advisors” to the manager, other wisely known as the CAM. It’s regrettable that all too often the BOD abdicates to the manager and/or attorney who often are members of the same business trade group advancing their own self-agendas.

There is “no individual authority” of a board member to act and the president can only act based upon the authority set forth in the governing documents. Most presidents act, especially in the small HOAs,  without board approval.

There is  a “duty of obedience” to the laws and governing documents that all too often is ignored by not only rogue BODs, but by BODs who falsely believe to do so is in the best interests of the HOA.

Notes

[1] George K. Staropoli, A Plan Toward Restructuring the HOA Model of Governance, StarMan Press, 2020.

[2] Peter F. Drucker, “Management  is the application of a set of principles relating to the functions of planning, organizing, directing and controlling an organization to effectively achieve organizational goals,” The Practice of Management, Harper Row, 1954.

[3]Politics,” Wikipedia.

[4] See Roger L. Kemp, “Forms of Governance,” Managing America’s Cities: A Handbook for Local Government Productivity, McFarland & Co., (2007).

[5] Supra, n. 1.

[6] See  “Restructuring HOAs – intents and purposes,”  supra n.1.

[7] Michael E. Batts, Board Member Orientation, Accountability Press, 2011. It’s a short, to the point, and  easy to read paperback.  Batts has over 25 years on nonprofit boards and has served on several Washington panels.

Lost Constitution webinar #3 available

Veritas para justitia

(truth for justice)

The Restoring the Lost Constitution to HOA-Land webinar introductory series has concluded with #3.  The accompanying # 3 script here: here.

The three introduction to the Plan videos can be found here:

#1, https://vimeo.com/421950279
#2, https://vimeo.com/426813340
#3, https://vimeo.com/427795232   

It can be viewed here:  https://vimeo.com/427795232 and

The overall intent and purpose of this webinar series is the education and reorientation of HOA members, especially the board of directors,  to long ignored issues of constitutional validity; issues that the public will not find in the propaganda from the Evil Empire. It is an introductory presentation and  required reading to better understand my proposed action plan set forth in A Plan Toward the Restructuring of the HOA Model of Governance, now on Amazon.com[1]

I continue to read that more and more homeowners are surprised why they lose in court, and before their legislature and before their board of directors.  I believe that a good part of these failures is because the issues at hand run very deep and are not the superficial day-to-day operational issues facing homeowners, not that they are not important.  The successful resolution can only come from standing behind the broadest levels of authority and exposing the many violations by our elected officials at all levels: the US Constitution, the Bill of Rights and the Declaration of Independence which constitute the organic laws of America.[2] 

Every argument not raising these democratic principles is a tacit recognition that serves to accept the validity and constitutionality of the HOA legal scheme and governing model, and of the laws in support of HOA-Land.  You lose from the start!

Notes


[1] Visit Amazon. (June 11, 2020).

[2] Organic law is the fundamental basis of a government. The Homes Association Handbook and UCIOA constitute, in my view, the organic law for HOA governed planned communities. In contrast, the U.S. Code defines the organic laws of the United States to include the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the U.S. Constitution. (US Statutes At Large, 1789 –1875, Vol. 18, Part I, Revised Statutes (43rd Congress, 1st session), p. v and vi). The organic laws of HOA-Land are replacing the organic laws of the US as applied to local government.