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.

HOA advocate to advise committee on UCIOA revision

I was invited to participate in the drafting of revisions to the Uniform Law Commission’s (ULC) Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (UCA). As an invited Observer with full participation rights I bring “in the trenches” in-depth experience and extensive research to restore the lost Constitution to HOA-Land.

With the advocates’ failure to nationally unite and collaborate to attain substantive HOA reforms, going forward with ULC’s statewide collaborative approach will benefit all interested parties, including HOA members. The drafting committee is comprised of conscientious and dedicated unpaid volunteer attorneys appointed by their state. Uniform Acts (UCC for example) adopted by ULC are presented to state legislators to adopt and to ease the disorder brought about by different rules in different states that affect a person’s home in an HOA.

My late 12 hour introduction into the amend and revise procedure allowed me to orient myself to the functioning of the UCIOA committee as well as presenting a few points of view. The proposed UCIOA changes are in the review process and need to be approved by the ULC commissioners at their annual meeting, yet to be determined as a result of the coronavirus restrictions.

When and if future revisions to UCIOA are in order I hope to participate more fully.

UCIOA (HOA) revisions in the works

The Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (UCA) are currently in draft mode. (Essentially, they are being treated as one). As a model for states to adopt as their HOA laws, UCIOA was first introduced in 1982 and currently has 9 states adopting some version of UCIOA and some 14 states adopting UCA, the uniform condo act.

Among the changes being considered are amendments to governing documents (§1-206), owners and duties of the association (§3-102), executive board members and officers (§3-103), voting and ballots (§3-110), and assessments (§3-115).

A meeting of the drafting committee will be held this Friday and Saturday, April 3 & 4. The committee consists of lawyers generally appointed by their state Governor. Invited to attend are persons who have indicated an interest in the workings of the committee, designated as Observers. Observers are expected to contribute to the discussion of the issues and can submit amendments for consideration. Sort of like a citizen submitting a proposed bill to his legislator.

Not to be surprised, former CAI president and active NJ CAI member David Ramsey is an Observer.

In 2008, in response to David Kahne’s AARP paper on HOA member rights and the works of others including political scientists, a Member Bill of Rights was adopted as a separate add-on to UCIOA. It never took off. And still the ULC (Uniform Law Commission) has not revisited constitutional protections for members in spite of several bills advancing those rights in 3 states.

Read more about the objectives and purpose of ULC.

CAI attorney stalwart defends HOA Land private constitutions and so-called bill of rights

The CAI stalwarts once again responding to my challenge to defend the constitutionality and legal status of the HOA legal scheme, including the highly questionable assertion of a “consent to agree” under the constructive notice doctrine.  This time, dedicated CAI stalwart Beth Grimm enters the arena with her August 2012 e-newsletter, What’s new in HOA Land . . .  The topic is, “Homeowners Bill of Rights.”

From the very start she informs her readers, in a round-about way, that there are no federal or state constitutions applicable to HOA private agreements.  I’ve been saying that for years!  And she points out that, “Without A Constitution What Is a Bill of Rights Worth?”  Grimm continues in what must be taken as a joke, in full agreement with the comment by Bill Davis, with a quote from Thomas Jefferson about the need for a bill of rights after admitting there is no HOA constitution.  

It appears that the reader is entering the realm of the attorney “word-game,”  where long established concepts and meanings are distorted to suit the attorney’s private agenda.  It’s an indoctrination and propaganda tactic. Welcome to Newspeak.

In strict legal terms, the assertion by Grimm that the governing documents are the HOA’s constitution is not correct.   But the courts have upheld the CC&RS as if they were just like a political constitution and interpreted them as a de facto constitution.  And as I have tried to explain, state laws like the California Davis-Stirling Act, the UCIOA acts, and other state HOA “Acts” serve as a parallel code of public laws applicable at the local government level to the class of nonprofit private governments called HOAs. 

The courts have also applied public government attributes, conditions and rights to these private contracts that are not contained in the explicit CC&RS covenants, and have applied overly broad interpretations as to what the members have agreed to without their signature – just by simply taking their deed in hand.  In other words, the activist courts are imputing a “consent to agree” that does not exist in the CC&RS. And nobody warns the unsuspecting homeowner of the consequences of reaching out for that deed. Nobody!

A host of reputed rights are then examined by Grimm, but they read more like the documents of the Rights and Responsibilities of members (a document first used to explain what a democracy is all about and how citizens are to act;[i] and a publication of CAI Central). It is in stark contrast to the preamble to the US Bill of Rights, emphasis added,

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

This long time CAI stalwart attorney does not address the constitutional concerns raised in my The Truth in HOAs Disclosure Agreement, nor does she call for CAI to conduct such a poll. There is no support for my Declaration of US and State Citizenship. Grimm’s presentation misses this important point.

Nor does she mention that back in the 2008 – 2009 the California Law Review Commission’s attempt to rewrite the Davis-Stirling Act contained a proposed Chapter 2, Member Bill of Rights.  It was quickly removed and has not been adopted in the new law to become effective in 2014.  Nor does she present the homeowner advocates proposed homeowners bill of Rights published in the now defunct AHRC website and the AARP version written by David Kahne in 2006, among others.

It should be noted that in 2008 the Uniform State Laws Commission adopted a bill of right for UCIOA (UCIOBORA), but did not incorporate it was a part of UCIOA.  Rather, they created a separate version so that states can choose to adopt its so-called bill of rights or leave them out.  To date, no state has adopted this bill of rights.  It reads like your CC&Rs and pro-HOA state laws.  Nothing at all like the US Bill of Rights or the state Declarations of rights.

If HOA Land is to join the union and lose its independent principality status, thereby providing constitutional protections to the homeowners,  then Beth Grimm and all other CAI legal-academic aristocrats should be demanding the amendments to the Declaration  and state laws as proposed in my Declaration above,

The association hereby waivers and surrenders any rights or claims it may have under law and herewith unconditionally and irrevocably agrees 1) to be bound by the US and State Constitutions, and laws of the State within which it is located, as if it were a subdivision of the state and a local public government entity, and 2) that constitutional law shall prevail as the supreme law of the land including over conflicting laws and legal doctrines of equitable servitudes.

Why aren’t they?  The above state law and mandatory Declaration amendments will put an end to the jokes and word games that attempt to hide the fact that HOAs are de facto but unrecognized governments operating outside the Constitution. And there will be a bona fide Bill of rights!

 


[i] The Rights of Man, Thomas Paine, 1791; The Declaration of the Rights of Man and of the Citizen, 1793, French revolution origins)

HOA board education or indoctrination?

Donna DiMaggio Berger of Florida’s CAN HOA advocacy group wrote about the increasing numbers of board members seeking to be educated in HOA matters and in the affairs of HOA-Land (Do most Condo & HOA Directors want to be educated?).  I agree with Donna that these private government officials need to be educated, because unlike pubic government officials there is no long term infrastructure or institutional culture to guide them. 

Neither are there the penalties against wrong-doing as we have with laws holding public officials accountable.  Yes, not only must these private officials be properly educated, but be held accountable, too.  But, accountability is not discussed.

Sadly, in regard to the educational materials, the pro-HOA believers and groups ignore the fact that the “teachings” are really indoctrination courses into how to behave in HOA-Land under its unconscionable and oppressive adhesion contract, supported by pro-HOA laws and top-down UCIOA covenants. The materials flow from the pseudo-educator, the national lobbying trade group, which seeks to maintain the inequities of the HOA legal scheme.  They teach “how to behave as a good HOA member and avoid financial and emotional stress, and the good chance of losing your home if disobedient.”  And that is, is to follow the rules and to participate under procedures that thwart participation by “outsiders.”

There is no presentation of constitutional issues, of 14th Amendment violations, of the fallacies in the “consent to agree” argument, of no clean elections laws or of unacceptable due process procedures as a few examples.  Not even a discussion of the validity of my Truth in HOAs Disclosure Agreement argument.  Not even an invitation for attendees to proclaim their US citizenship status by signing the Declaration of US and State Citizenship form.

And why not?  Why aren’t these issue made public and taught by the great HOA educators?  Maybe, just maybe, as Col. Jessup shouted out in the movie, A Few Good Men, “You can’t handle the truth!”   Why are they afraid of the truth?