Author: HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

HOA board mentality and unconscionable CC&Rs rewrites

Homeowners living in HOAs must decide what side of the fence they are sitting on!       Whether on the side of management or on the side of the rank and file homeowner?  There is a major difference as the HOA is not a democratic community government, but a corporate form of government.  And never has a corporate form of government been described as democratic.

The business parallel of “management vs. employees” in HOAs is alive and well. Management represents the HOA entity and not the members, just as management represents the stockholders and not the employees.  Legally this fact is found everywhere.  And the HOA attorney who advises the board and rewrites CC&Rs and amendments represents management and not the interests of the members.  How many times have you seen and heard “for a more productive and effective HOA” and “for the benefit of all members collectively”?   Sounds nice, but the two are not equivalent.  The board does not speak for all the members and that’s why there is member voting.

A most egregious and unconscionable act by the board and its attorney can be found in the broad rewrite of the CC&Rs where liberties are taken in favor of the HOA.  Where the homeowner again unknowingly waives and surrenders his rights and freedoms to the HOA, because the homeowner rank and file does not hire their own attorney to explain the impact of the HOA changes.

An example of how far this unconscionable activity can go involves the rewrite of CC&Rs by an Arizona CAI member attorney firm, and member of CAI’s College of Community Association Lawyers (CCAL).   In the rewrite the attorney deleted “reasonable” with regard to attorney fees and added “all”.  The attorney also did not adopt the “prevailing party” widely accepted standard of fairness, but mandated the homeowner to pay its fees regardless if the homeowner wins.  In other words, even if the homeowner had brought suit against HOA wrongful behavior and wins, he must still pay the HOA attorney fees.  Covenants that are unconscionable and against public policy are held to be invalid.

Additionally, a festering issue at the Arizona Legislature has been the awarding of attorney fees by the Office of Administrative Hearings (OAH).   The attorney uses the term “administrative law judge” as most homeowners would know that OAH does not pay attorney fees.  This blatant “squeeze it by and maybe they won’t notice” tactic is disgraceful.  Yet, in 99% of the cases heard at OAH the HOA has decided to hire the unnecessary attorney.  The HOA should pay for this unnecessary decision.

And yet many homeowners would go along with this “stick it to the homeowner” mentality.   Presumably because they see themselves not as the “homeowner” at issue, and therefore it doesn’t affect them.  But, the rewritten covenants apply to them, all of them.  And it also applies to the directors and officers who believe that this unconscionable conduct is good for the HOA in the long-term, and that it also doesn’t apply to them.  But, unjust and unfair covenants that openly serve the interests of their attorney cannot be seen as in the best interests of the HOA.

Homeowners in HOAs must decide where they stand.  For their rights or for unconscionable conduct and acts of bad faith by the HOA board and its attorney who is not your attorney.

HOA board mentality: ‘because we can’ and ‘because we don’t have to’

How many times has a board member come up to you and say, “Hey, see you’re building an addition?  You know, you need to submit a request for approval before you do anything.  Come on down and let’s talk about it?”  Or, “Our landscapers will be coming by on Thursday to reset the sprinkler timers.”

Why not?  Because it’s the board’s mentality: “Because we can” and “Because we don’t have to.”   This mentality develops, based on my long history in seeking justifications for many outrageous acts by HOAs, from long term indoctrination into hair-splitting the laws and covenants, a parsing of the laws, in the best interests of the HOA.  Of course, coming from the HOA attorneys.  And there are no other rational and legitimate reasons for doing so, or not doing so, especially when good faith conduct is required of officers and directors.

What ever happened to “HOAs create pleasant, harmonious, carefree living, and democracy at work?”  What ever happened to social graces?  Good neighbors?  And common friendship?  I think that the problem lies with recourse to the CC&Rs that must be enforced at all costs got in the way. 

HOAs create an unhealthy climate.  See, Why do people harm others in HOAs?,  The HOA apathy affliction: a political dynamic

 

Police ignore HOA complaints with tragic consequences

This news report addresses the repeated erratic behavior of homeowner in HOA that went ignored and a neighbor is forced to defend himself. Many times I’ve been told that the police would reject complaints of assault, harassment, charges of embezzlement and theft among other complaints. They have adopted this “hands-off” HOAs policy that denies citizens the equal protection of the law.  And, county/district attorneys often tell homeowners seeking to file a complaint to first file the complaint with the police.

Given the widespread reporting of oppressive, authoritarian HOAs acting irrationally, arbitrarily, and violating the laws, the failure of the government to provide practical protections for homeowners in HOAs is tantamount to playing Russian Roulette with the lives of people living in HOAs.

 

Clashes precede man’s killing

“Days before the incident, the homeowners association filed an injunction against Gallik, who had moved in the home in May 2007.

“According to the injunction: ‘He makes verbal threats to the association’s agents and members; walks around the community with a whiteboard chained around his neck stating ‘Death to Southshore Falls,’ has strung clothing lines along the front of the property; bathes in the front driveway and in the dwelling’s gutters to compensate for lack of running water, runs a generator from the front driveway to compensate for lack of working electricity, wanders in the common area allowing his dog to defecate in the middle of the road.’”

The injunction filed by the HOA against the problem homeowner included this statement, “The police insist such assaults and threats of violence are an association matter.”

 

 

Supreme Court justices comment on Arizona judicial integrity

Former US Supreme Court Justice O’Connor and former Arizona Supreme Court Chief Justice McGregor speak of the outstanding integrity, impartiality and fairness of Arizona judges and on the oversight entity,  the Commission on Judicial Conduct.

In contrast, this writer presents the two incidents of unquestionable violations of judicial ethics and conduct as set forth in the Arizona Rules of the Supreme Court, Code of Judicial Conduct.

The details of the two incidents can be found at If the watchdogs of the judiciary fail, it follows that the government also fails, and The State of Arizona will not protect buyers of HOA homes!

And HOA Justice for All

Where law ends, tyranny begins[i]

I was just released from jury duty yesterday.  I had submitted a Request for Exclusion due to Issues of Public Interest/Public Welfare, which went unanswered.  During the jury selection process, I so informed the judge of my request, which he had not seen.  I volunteered a copy that I had brought along.

After supplying the judge with a copy I was given a one-on-one with the judge and lawyers.  The short dialogue was as follows:

Judge:  You are saying that you cannot give a fair and impartial opinion on this case?

George:  No, I can’t.  As you have read, I was insulted and disrespectfully treated while attempting to provide for justice.  Now the court is asking for my valid opinions as a juror.  I cannot participate in a judicial system that acts in such a way.

Judge:  So let me clarify.  You are saying that, because of these incidents, that you cannot give a fair and impartial opinion?

George:  Yes, that’s right.  I spent over 10 years fighting for constitutional and legal rights for homeowners and have been treated as such.  I cannot participate.  Your Honor, it was just about a month since the Maxwell ruling that I received a jury summons.  I have not been called for jury duty in over 10 years.  I get the feeling that they are out to get me.

Hidden smiles from the judge and a lawyer.  I was excused.  I thank the judge for making my Request part of the record, not a common occurrence.  The strongly worded and angry Request can be read here.

[i] The motto on the façade of the Arizona Supreme Court building.