Below is a copy of my response to a post by Maria in the CHAPS Paladins FB group,
Maria, your call to action seeking a mission or objective for a national association is a good, first step.
With all due respect to advocates and homeowners, I strongly believe that we first need to clarify what we mean by HOA. Are we talking about the real estate “package” of a regulated subdivision with landscaping, amenities, and social activities? Or are we talking about the model of private, contractual government of the subdivision?
I have not seen any, to my recollection, reform bills dealing with the subdivision assets per se, except some complaints about having to join a golf club. The reform bills are all about how the “laws” that regulate or coerce the members to comply on the pain of losing their home. This is a very important distinction that must be made known to the public, the media, and legislators in order to obtain reforms of the governing body.
It would need to take the form of a rejection of the old and the creation of a new model, similar to what the Founding Fathers did in rejecting the Articles of Confederation and establishing the US Constitution.
Doing away with the package is not practical; it would be like closing General Motors or the large banks — won’t happen. Reforming the governing model subdivision is the true objective of HOA reform legislation and is possible only when the advocates can force the public, the media and the legislators to uphold the US Constitution and have it apply to these de facto, but not recognized local governments.
You are right on Maria to seek the establishment of a national voice for HOA reforms. Clarifying the meaning of HOA would go a long way to achieving this goal. It would steal the thunder from CAI’s fear mongering of no more private amenities, etc.
HOA Constitutional Government 