“Can private parties enter into contractual arrangements, using adhesion contracts and a constructive notice consent, that serve to regulate and control the people within a territory (an HOA), to circumvent the application of the Constitution?”
In August I commented that I was working with 2 institutions on a Member Bill of Rights.
“Currently, I am working with two leading institutions concerned with state laws and the constitutionality of the HOA legal structure. Addressing the Bill of Rights issue is relevant to conducting necessary research and studies. A Homeowners Bill of Rights would be a major step toward the equal protection of the laws for members of HOAs.
“As a result of my proposed research by independent, objective researchers, the law will be clarified and all parties set straight as to their rights, and on the legitimacy and validity of independent private governments in America.”
The Uniform Law Commission (ULC) will decide on the 29th whether or not to undertake a study of my proposal for meaningful revision to its UCIOBORA (2008). It’s composed of only attorneys appointed by state legislators and are pro bono. I must call to your attention the long established presence of CAI at ULC and with respect to UCIOA.
I believe that ULC will move ahead and make the Constitution and state laws living documents reflecting the overwhelming evidence for the need to admit that HOAs are invalid ab initio — from the very start — agreements and are unconstitutional.
 The “end of denial” of unconstitutional HOAs, August 5, 2020.
 HOA Bill of Rights redux, August 29, 2020. Updated, HOA bill of rights history updated Sept. 13, 2020
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.
I have quite often made reference to the 424 page Homes Association Handbook of 1964 as the HOA “bible.” It provided the fundamental basis for the mass marketing of HOAs and as the legal basis for the common place boilerplate CC&Rs. It has everything for everyone except the HOA lot owners, the mandatory members.
The following is an excerpt from its Foreword by the ULI president says it all.
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.
See the cover pages here.
As can be noted from the above, the CAI brief equates the HOA interests with the members’ interests and that it is acting in the best interests of the members subject to “the needs and obligations of the community.” Sort of confusing doubletalk me thinks. Once again I’m touching upon a defect in the HOA legal scheme. Under corporation law the BOD is responsible to the HOA association, but we have a PRIVATE contract agreed to by the members that the BOD functions on the best interest of the members.