Author: gks256

Authoritarian HOAs and AZ SOS Fontes on American authoritarianism

In January 2022 I summarized my earlier works on authoritarianism in HOAs as a natural consequence of authoritarianism in America.[1]

I came to the conclusion in 2019 that there was a rise in authoritarianism throughout the world including America. And with HOA-land[2] constituting of some 23% plus of Americans, authoritarianism was also well rooted in the HOA form of governance. 

“The HOA legal structure and scheme is basically authoritarian in nature: strong central power, limited political freedoms, no accountability, and under the rule of man, not law. ‘There are a lot of Americans who do not care for democracy. They do not mind [failing] to follow the Constitution, or that [it] poses a danger to democracy.’” (Authoritarianism in the HOA-Land Nation (2019)).

There is a mass psychology present in HOA-Land. Mass psychology is a study of how your behavior is influenced by large groups of people — “birds of the same feather flock together.” It is the result of the longtime conditioning and indoctrination into identifying with the principles and beliefs promoted by the CAI School of HOA Governance. ( Mass Psychology and Cult Behavior Within HOA-Land (2020)).

Arizona Secretary of State-Elect, Adrian Fontes

In MSNBC interview on Nov.17, 2022, the Arizona Secretary of State-Elect had the following to say about Americans .[3]

“Election deniers . . . we need to call them authoritarians because they don’t believe in the democratic process.  They don’t believe in the consent of the governed. This is  so soundly an authoritarian movement when you look at the people who care about democracy, who care about the function of our government.”

“The people have spoken. There is an authoritarian movement in America, it may be loud . . . but it is dangerous, and we must continue to push back against it with vigor. . . . We have to become better citizens across the nation . . . we have to understand the fundamental structure [of government] better.”

Asked by the interviewer what can you do as secretary of state,  

“I have begun to work with . . . members of the Arizona Legislature . . . we got to be bigger than the problem, we got to be working together, to help people understand that we are all in this together.  You have to set your partisanship aside and work together toward common ends.”

“That’s the kind of leadership that folks like me have to set.   We got to reach out and show the American public that . . . cooperation will open up more avenues of conversation and that’s how we as leaders can set the example.”

Restructure the HOA model of governance

I have stepped outside the box to offer the boards of directors (BOD) a fresh view of the nature and legalities of the HOA legal scheme. StarMan Group HOA Management Consulting believes that the HOA legal model of government must be restructured to establish the climate and culture of the HOA enabling the restoration of the lost constitutional principles of democratic government — individual rights, justice, and fair play — for its members within the confines of a private contractual government.

The HOA model of local government is a fourth type of local government in addition to the public domains of commission, council-manager, and council-mayor forms. I ask: Is there a legitimate, bona fide reason and justification for the HOA to function outside public government?   No, there is none!

It goes without saying that private HOA governments must be restructured to return to the Union and restore member rights, freedom, privileges, and immunities.[4]

The task before the new Arizona administration

In 2006, HB 2824 (Ch.324), sponsored by Rep. Eddie Farnsworth, established OAH hearings of HOA disputes, followed in 2011 by SB 1148 (Ch. 185), sponsored by Senator Andy Biggs to revise HB 2824 to deal with constitutionality challenges by the trade group, CAI, and 11 years later Arizona now has HB 2158 (Ch. 125), sponsored by Rep. John Kavanagh, allowing for a more meaningful, democratic voice of the members in HOA government.

Hopefully, Fontes will apply his concerns about authoritarian America to that 23% of the population directly subject to authoritarian, contractual, private local government known as HOAs. Hopefully, the to-be-elected Attorney General will identify with Fontes, and they will exert strong influence on the new administration to correct the past legislative ills of supporting, co-operating, encouraging, and protecting the HOA legal structure.

Hopefully, the newly constituted Arizona Legislature will  restore fundamental and constitutional protections, especially due process and the equal protection of the law, to citizens living in homeowner associations.

Notes

[1] Authoritarianism in America; authoritarianism in HOA-Land (2022).

[2] Some 23% of Americans live in HOA-Land, that collection of fragmented independent principalities known, in general, as HOAs. HOAs are separate, local private governments not subject to the constitution, and collectively constitute a nation within a defined geographical region known as the United States.   “A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region.”

[3] We Must Push Back Against Authoritarians, Says Arizona’s Secretary Of State-Elect – Bing video.

[4] Restructuring the HOA model, George K. Staropoli, StarMan Publishing  (2020).

The unspoken Alliance: no HOA negatives

In 2010 I raised the question: Are the media and local supporting governments part of “an unspoken alliance of  no negatives about HOAs?”  I avoided using the word “conspiracy” because all it takes is a nod or wink that everybody understands. No written or verbal statement was necessary.

In 2012 I wrote,

It is interesting that the media always fails to mention this affiliation with CAI, as many of these attorneys lecture on how to live happily in an HOA. And they are supported by your local town government through seminars and conferences like the HOA Academy and Leadership Centre programs. 

How about your Attorney General? Your consumer protection agencies? Your real estate department? The Realtors? Heard or read anything of substance  from them against HOAs? Gee, maybe I’m delusional and there are no serious issues of substance after all.

In 2013 when a homeowner filed suit against the AZ legislature challenging the constitutionality of  an HOA bill (HB 1454), not a word or peep from the media or those self-promoting think tanks like The Goldwater Institute, Institute for Justice, and ACLU. And today, not a word or peep from the media or the think tank constitutionalists, about the landmark protected free speech law (HB 2158; AZ law Ch 125 (2022)) concerning HOA governing issues.

It is an unexplainable bias in favor of the HOA model of governance by those in a position to understand and to know better. Sort of a mass group think conduct nationwide. Some may call it a cult where opposing thoughts and information are rejected, ignored, and denied, and the “messengers” are attacked. The silence is so contrary to human behavior — the normal curve — to conclude forces are at work.

A major exception did occur in 2016 when the conscientious reporter, Judy Thomas of the KC Star (KC Star: problem with HOA? Don’t go to CAI ), tried to do what’s right, but ran into the corporate bias wall. It was a unique exposure, standing all alone but nothing was accomplished.

Democracy Is Not Guaranteed in HOA-Land

For the past 58 years, the HOA model of local community government has been “an extremism that threatens the very foundations of our republic.” This model of government rejects democratic principles and constitutional protections, depriving members of their fundamental rights.[1]

HOAs have been permitted to operate and function as such by the support, cooperation, and promotion of state legislatures. HOAs are based on intentional misrepresentations of authoritarian private contracts to unsuspecting buyers. Even today the self-proclaimed leading educator on the  HOA model and operation will not address questions of constitutionality that have authoritative legal support.

In my earlier commentaries I wrote about the similarities between the social and political  culture on the national level and that of the HOA declaration of covenants, conditions, and restrictions (CC&Rs). I wrote that CC&Rs rejected democratic principles in the pursuit of enforcement in order to coerce compliance.[2]

President Biden, in his Thursday speech to the nation, reminds Americans that,[3]

“Democracy Is Not Guaranteed. “We have to defend it. Protect it. Stand up for it. Each and every one of us. . . . regardless of your ideology.”

“We just need to remember who we are. “There’s nothing more important, nothing more sacred, nothing more American”  than preserving democracy. “That’s who we truly are. And that’s who we must always be.”

There is an old truism: “there cannot be change without change.” If we are to preserve democratic institutions in HOA-Land, then the members must unite across the country and organize  to preserve democracy; there’s nothing more American. Members of HOAs are citizens of America, and that’s who we truly are and that’s who we must always be.

Learn more about unconstitutional CC&Rs and the rights and freedoms as Americans unknowingly taken from you when you entered HOA-Land. Take time to read the articles provided under Notes below.

Notes:

[1] See The intent of the HOA “bible”, the Homes Association Handbook (March 2020).

 [2] See in general, George K. Staropoli, StarMan Publishing (making references to Donald Trump).

[3] Read the Full Transcript of Biden’s Speech in Philadelphia – The New York Times (nytimes.com)

Did HOA-Land contribute to the national disregard for democratic America?

“For they have sown the wind, and they shall reap the whirlwind”  (Hosea 8:7)

In my 2020 Rogue Presidents post [1] I warned:

“I’ve come to the conclusion that the HOA social and political dynamics are identical as we have witnessed on the broad national scale. I am not sure as to what came first, the chicken or the egg? To what extend has the HOA independent principality mentality and legal scheme contributed to the national scene? Or are the HOA dynamics just a reflection of the broader culture in America today?”

I am not a psychologist or sociologist but a student all my life of leadership in government, corporate, and military. Based on the events over the past 2 years —and showing no signs of abating  for the next 2 years — regarding the staunch, cult follower support of Donald Trump by Republicans at the federal and state levels, I must lean toward a national, cultural change in America. It has led to a rejection of the Constitution and all its principles and values that truly made America great.

America today is no better that the banana republics and totalitarian governments that hypocritical politicians  openly criticize. The guiding rule for politicians that was “to avoid the appearance of impropriety” has become outright lying to the face of the public, redefining the traditional meaning of words, as George Orwell portrayed in his book 1984, to advance the political views of the cultists as necessary for America’s survival.

To a lessor extent, but functioning in parallel with  the national malaise, are the private government HOAs. With the members exhibiting the same cultist conduct that the HOA president and board can do no wrong.

Further reading:

  1. Rogue presidents: Trump and HOAs  (Nov. 2020).
  2. Countrywide political culture cause of HOA reform failures (Feb. 2021).

The roles of the Supreme Court vs the Legislature

At today’s Senate confirmation hearings of Judge Jackson, an intriguing dialogue took place between Jackson and Senator Lee (Utah).  The topic raised by Lee focused on the role that the Supreme Court is to say what the law is, and the role of Congress (or state legislature) is to say what the law should be creating public policy. The Court deals with the policies set by Congress.

The role of homeowner rights advocates is to say  to the legislatures what the law should be with respect to HOA-Land.  It is not to say that this happened to me and it’s wrong, or my HOA does so and so, which does not rise to the level of setting policy for all HOAs/condos  — no special laws for special entities.

And that’s another area where reform legislation often fails — too local.  Reforms must be broad as to have general concern for the state; as the courts have held from time to time, “This case Involves legal issues of statewide importance.”   And it must be explicitly stated or  implied.

Public policy today is harmful to the private property rights of HOA owners, and to a denial of due process protections and violations of the equal protection of the laws, treating HOAs as if they were independent principalities.  These policies and attitudes have created unjust, bad laws enforced by the courts, and used as precedent for more bad laws.

The cycle ends by advocates addressing the root cause of pro-HOA laws that treat HOA members as second-class citizens, which they are not!