Author: gks256

HOA ethics: the end justifies the means

Depending on what side of the fence you’re sitting on in a controversial issue, you may be arguing that the end justifies the means, Yes or NO. It is a moral and ethical decision and raises the question as to when and how.  In a culture where its values have been deteriorating over the years to, what’s in it for me, greed is good, and I want it now, a valid and acceptable “means” has consequently also deteriorated.

In general, this end-means assertion is introduced as a defensive justification for some course of action being challenged by others. It usually involves a discretionary decision by some authority entity, like a town council, board of directors, management, etc.  Not surprisingly, we find this defensive reaction in many HOA-Land situations; I discuss one such incident based on real events.

Read the full paper

HOA “bible” ignores members’ property rights

An excerpt from the HOA “bible” that was the source of the HOA legal scheme and structure, and included appendices on model CC&Rs and bylaws (Appendices F, G, and H, pages 384 – 402). While over time minor changes have appeared in governing documents, they are for the most part, and in particular on fundamental issues, boilerplate covenants contained in the Handbook.

Note that no mention is made of the homeowner, the HOA member, whose property interests are at stake and the subject of the legal scheme. “Association officers,” as we have discovered, represent the association and not the personal property interests of the members. The members are there, it seems, to fund the HOA. It is a top-down governmental structure with little concern for protecting principles of democratic government.

Restructure HOAs supplement released; join new website

To the concerned public and HOA members:

I am extending an invitation for the public at large, and in particular to members of HOAs across America, to join this FB group and keep abreast of critical developments and information regarding your membership and property rights in your castle, your home. Information not covered by the establishment, the self-proclaimed HOA educators.

In 2020 I released my 68-page A Plan Toward Restructuring the HOA Model of Governance, after 20 years of HOA reform activism. I also published a FAQ to answer questions regarding concern that a restructuring would damage the highly desirable HOA real estate package. “HOA” can also refer to the de facto local government of the real estate package, the condo or subdivision PUD. I believe that my plan would return HOAs to constitutional government with its protections for the rights and freedoms of citizens, severely lacking under your declaration of CC&Rs.

A detailed 27-page supplement, supporting the positions contained in the Plan and documenting the events and developments of a $22 million HOA in Arizona is now available. 

Just visit the site Restructure HOAs Plan and click on the JOIN button. It’s that easy.

Hope to see you there!

A history of the institutionalization of HOAs

After 58 years, the public, the legislators, the media, and the HOA boards of directors and vast majority of members have remained quietly accepting HOAs as a private form of local government.

“People could care less about the truth. People buy promises and dreams. They’ll do anything to avoid reality” (anonymous)

The above quote, reflecting human nature,  gets to the very heart of the HOA-Land problem. It applies to all HOA members throughout America.  In a sarcastic Nextdoor  post, the writer expressed his feelings that my posts presenting justifications for restructuring HOA-Land were, in my words too cute. He didn’t want “to be in an association that George had anything to do with . . . and take his trouble making rhetoric to other lucky people.”

I responded:

“My HOA right or wrong! So what if it has violated state laws and the governing documents, and refuses to defend itself. So what! As long as the amenities keep coming and assessments stay low, I guess all is OK.”

I have high hopes that all HOA members will follow their conscience and do what is right for their community, their state, and for America.  The alternative is a rejection of our democratic institutions, our constitutional government,  and the principles and values that we, as Americans, stand for.  The alternative is an acceptance of the HOA-Land Nation Within America.

Restructuring HOAs case study supplement

The SCG case study is in preparation as a supplement to A Plan Toward Restructuring HOAs. This paper will be released soon. Here’s a peek:

Preface

For this case study, my objective was to advise the BOD of a $22 million revenues, 9,500 unit, active-adult community in Arizona as to its conduct in deciding difficult and controversial  issues.  I put my management/BOD skills to work and began the study. It is very important in the learning process to share recommendations with others, and to accept their constructive criticism. Readers can reject, modify, or remove recommendations. This approach sharpens one’s thinking and helps to make a more solid case for HOA reforms.

In regard to the SCG members at large, apathy — evidenced by silence or perhaps fear — prevailed as commonly found in HOA-Land. The vast majority of comments  to my posts on social media and elsewhere were irrelevant and without merit. They failed to address my messages concerning  violations of the laws and governing documents by boards of directors.   Rather, they focused on my HOA right or wrong, take it or leave it, and move out. 

 The necessary first step for democratic reforms, as proposed in A Plan Toward Restructuring the HOA Model of Governance, is the reorientation and reeducation of the pubic and especially boards of directors. Based on my experience I presumed that  they are uninformed and many prefer to remain uninformed; wrongly believing, and being led to believe,  that their HOA is  a wonderful country club instead of a legally binding contract between them and their HOA. 

The findings from this research reaffirmed this view of HOA directors and members regardless of income or education levels — they are highly uninformed about the legal and governmental issues of an HOA association. It seems that the  boards of directors over the years were and are heavily influenced by the Community Associations Institute’s teachings and programs.

Collectively referenced as the CAI School of HOA Governance  stemming from its focus on “large-scale associations,” such as SCG. Some 13 SCG members served as CAI members, including CAI presidents or directors, while serving as SCG’s presidents, directors, and committee chairs.  Its impact is devastating and cannot be underestimated.

This finding was very disappointing!  The behavior and conduct by the leadership displayed false and misleading information, an illusion of “no problems here,” and for the most part, silence. It supported the position of authoritarian and cult followers as maintained in the Plan’s view of the HOA Culture, and its description of the social and political dynamics at work in HOA-Land.

This Supplement is organized in time squence based on posts made to the HOA Contitutional Government website, including comments,  referencing or alluding to emails, to  the official Sun City Grand website’s News of the Day posts; and to posts and comments to social media websites: NextDoor (Desert Sage); Facebook’s Sun City Grand Members (AZ), closed by Administrator’ opposition; and Members of Sun City Grand AZ.

These exchanges are all reproduced as is, unedited except for  omissions of non-relevant sections.  In this manner, lacking audio-video materials, one can get a feeling of the message tones.

George K. Staropoli

February 14, 2022