“When we first moved here this was like the wow factor,” said […] of his neighborhood in rural Denton County. “You see this beautiful community up in the middle of the country.” (WFFA.com, Dallas/Ft worth, “Vanishing amenities create resident backlash at HOA“, June 2, 2009 ).
The attitudes by the homeowners in this story reflects that of the vast majority of those who bought into HOAs — to maintain property values. It is the underlying fundamental principle as to why legislators will not undertake HOA reforms. “You got what you asked for” seems to be the view of most state legislators. So, even in the face of pervasive and open abuse and the flaunting of state laws, the legislators have succumbed to the industry lobbyist propaganda of “It’s just a handful of malcontents. Why change the laws?”
Most homeowners and advocates will find the following comments offensive. But, based on my 10 years as an advocate and endless research into the issues, my comments are well founded in fact.
Until HOA reform advocates can focus on this strong argument for not changing the laws and attack the bogus contractual nature of CC&Rs, the unconscionable adhesion aspect of these CC&Rs, the state protection of HOAs that deny constitutional protections for homeowners, and the independent principality nature of these HOAs then nothing will be accomplished! The ends — maintaining property values — does not justify the means — independent principalities where the people are not subject to constitutional protections.
Most advocates fear that HOAs, as a private form of contractual government, will disappear from the face of the earth even if subject to constitutional protections. This will not happen — see General Motors, the banks, etc. However, to accept HOAs as is, and for state governments not to issue bona fide and effective warning advisories, is not to accept the Constitution and the American system of government for all peoples. The Constitution is not all about contractual obligations, but to “establish justice, insure domestic tranquility, promote the general welfare. . . and to secure the blessings of liberty.”
Accepting authoritarian, private HOA regimes is to secede from the United States, and is a repudiation of American democracy and our cherished values of individual freedoms and liberties. And all for the unsupported statements within the HOA constitution, as the homeowners in this story have discovered, that do not even provide a promise to maintain property values (they contain a simple statement of an objective), or provide any guaranty regarding HOA performance, as would be expected in any legitimately negotiated contract.
For more info, see Exchanging individual property rights for property values.
HOA Constitutional Government 