HOA Enlightenment Movement is forcing legislatures to protect property values

More and more homeowner rights advocates are realizing that bad media coverage is hurting property values.  They are demanding their legislature to stop the abusive, rogue boards that are giving HOAs a bad image.  The HOA Enlightenment Movement, the surging awareness that HOA regimes have serious legal problems, is the long delayed confrontation with reality that is a “wakeup call” for the legislatures. 

This “no negatives about HOAs” unspoken alliance that has served the industry’s special interests by keeping things under wrap, and not letting the sunlight expose these legal issues that include violations of constitutional law, is collapsing.  The legislatures can no longer stand by with impunity and support the HOA industry through their cooperation, coercion, close nexus in HOA operations, and denials of the equal applications of the laws of the land.  Only just and fair laws will stop the negative exposure of HOA regime un-American conduct.

In Florida, Cyber Citizens for Justice, Jan Bergemann, President, calls the legislature’s attention the following issues:

1. Florida’s economy hinges on a healthy real estate market. Many new retirees, snowbirds and investors are needed to create a healthy real estate market.

2. The nightmare of living in an HOA is hurting our state’s image of retirees moving to Florida to live a hassle free life style.

3. Reforms should create more consumer protection, making Florida again attractive for potential buyers of homes and condos.

In North Carolina, the National Coalition for Homeowner Association Reform group, Jim Lane, Founder, wrote to the legislature,

“Our homes and neighborhoods are at stake — as of now 50% of Homeowners who don’t want an HOA begin to ‘bail out’ of their HOA homes and Buyers go elsewhere, while Property Values go down.”

And in Nevada, newly appointed member of the HOA Ombudsman commission, Bob Frank, is asking the legislature for constitutional protections:

Attached is a BDR intended to help improve HOA property values in Nevada by solving HOA management problems. . . . It is proposed to be labeled the ‘HOA Property Values Enhancement Bill.’ . . . The future speed and depth of recovery of our HOA property markets may depend on this initiative. I believe that most people in this state will be very grateful if you can get HOA contracts bound to our US and NV Constitutions.

Investigative reporter Ward Lucas also echoes this concern for subjecting HOAs to the constitution as is required of all government entities.  In his new book, Neighbors At War!, which is not a book to laugh at but a serious expose of HOA life and what can happen to naive homeowners, he writes,

Your constitutional rights are being secretly shredded . . . A tiny but growing band . . . is at last beginning to say, ‘Enough!.  They can no longer stomach the kind of meaness that can destroy the reputation of an entire neighborhood.  The World Wide Web is giving them a forum they didn’t have before.

It’s only through the challenging, confrontation, and exposure by The Enlightenment Movement followed with the demand for just and fair laws can change be achieved.  Advocates must continue to enlighten state legislators and demand change.

Additional reading on why homeowners are apathetic, aside from the fear of affecting property values, and allow the oppression and injustice to control their lives, see Hign Noon in HOA-Land: members who permit lawless boards to function.

High Noon in HOA-Land: members who permit lawless boards to function

Marshall Will Kane

Marshall Will Kane (left) throws his badge to the ground with disdain after defending Hadleyville, where the good people of Hadleyville stood by and did nothing.  (The 1952 movie, High Noon).

Some 60 years after the events in Hadleyville, thousands of HOAs follow in the footsteps of the Hadleyville townspeople and do nothing to rid their HOA of lawless rogue boards of directors.

How did this come to be?  Could it be like the townspeople, they FEAR reprisals from a lawless, vindictive and punitive board?  Could it be the indoctrination into obeying authority figures and the acceptance of imposed roles to conform to the group’s rules, right or wrong (See, “Why do people harm others in HOAs?”)?

Could it be a malaise, a general apathy as described in The HOA apathy affliction: a political dynamic and The role of the HOA apathy affliction in circumventing public policy on how the HOA lawyers work apathy in their favor?   While these acts describe a particular aspect of HOA oppression, in total, it must be understood that the pro-HOA laws (no punishment for board violations) and the unconscionable adhesion CC&Rs contract favoring the HOA contribute to the failure to develop a bona fide community spirit and a community centered civic virtue.

The development of a healthy community spirit and civic virtue are essential to eradicating apathy. Virtue can be defined simple as “conformity to a standard of right,” civic virtue as “a commitment to democratic principles and values,” and community spirit as “an involvement in and concern for one’s local community.”

CAI defines community spirit as having “pride in a community” and offers steps to produce this emotional identification: getting involved in activities outside the HOA, holding entertainment party and events, and becoming active in the community (Best Practices, “Harmony and Spirit”). No mention at all about civic virtue as a necessary part of creating a healthy community, and that a concern for the community must address issues of civic virtue. 

How can civic virtue and a healthy community spirit develop when the homeowner is placed in an environment and culture that opposes any such proactive activities?  As investigative reporter Ward Lucas points out in his new book, Neighbors At War!

Welcome to the weird world of HOAs . . . where life, liberty and property are in the hands of your neighbors, neighbors who are unconstrained by law . . . . That’s right!  These boards for the most part are not obligated to protect or respect any human or civil rights. . . . The very structure of Homeowners Associations gives them the ability to exert bully power on a completely arbitrary basis.

The apathy, the lack of HOA civic virtue, and the lack of a genuine, healthy community spirit that allow lawless rogue boards to violate the law and governing documents is the result of the above mentioned HOA legal structure and dynamic forces.  The legal structure of the HOA is secessionist, rejecting the principles and values of the US Constitution and Declaration of Independence for a fascist contractual government focused on maintaining property values. Where, as in fascism, individual rights, freedoms, and privileges and immunities guaranteed to all citizens do not matter. 

 

HOAs undermine our constitutional democracy!

new HOA book — Neighbors At War! by Ward Lucas

Amazon review By George K. Staropoli

This review is from: Neighbors At War! The Creepy Case Against Your Homeowners Association (Paperback)

Neighbors at War! is a refreshing description of what living in an HOA (homeowners association, property owners association, common-interest community or condo association) that the average person can understand. It is not another legal treatise, or academic journal or book, but the writing of an experienced and award winning investigative reporter.

It is a long needed book for prospective buyers of HOA controlled homes or those already living in an HOA. All those state mandated documents do not tell it all, as state legislators are pro-HOA and accept the denials of homeowner rights contained in HOA adhesion contracts.

Ward Lucas ranges far and wide, from questions of constitutionality and denials of bill of rights protections to more down-to-earth issues of HOA procedures and operations. Foreclosure, no fair elections, and kangaroo hearings on violations are examples of the cases and issues that are discussed in easy to understand terms.

I’ve been repeatedly told by legislators that complaining homeowners are trying to get out of a contract, should have read the CC&Rs, and should have gotten a lawyer. And not a word about misrepresentation and fraud.

Do not fall into the trap of Buyer Beware! Read this excellent book and discover what you are not being told by the special interest national lobbying organization formed to protect, not your rights, but the HOA status quo. Neighbors at War! is a must read for informed homeowners and state legislators

Exchange with Ward Luca on HOA legitimacy and legislative reforms

New comment on Ward Lucas & The HOA Hell Blog

See complete exchange at Homeowners Claim HOA President Abuses Power

pvtgov:

What homeowners don’t realize is that they are at the mercy of total strangers who are their neighbors in an HOA. In order to make the HOA concept work, and to make them appealable to the masses, HOA officers and boards were given a free pass. No checks and balances and no state imposed meaningful […]

Ward Lucas:

Nobody in the world crystallizes the problem better than you do, George. With Las Vegas totally collapsing, what plan would you submit to the Governor or Legislature there, and what plan would work with every state? And do you believe, as I do, that the entire national HOA structure is corrupt?