Author: HOAGOV

I read with disbelief the following quotes from the KOMOnews.com (Seattle, WA) report about a homeowners association objection to posting ‘missing persons’ flyers.

Now the president of the Country Hollow Homeowners’ Association has made them take down the rest of the fliers, which are designed to raise awareness about Susan’s disappearance.

The regulations of the community do not allow any posting of signs on community property,” he told the volunteers. “As the president of the association, I have to tell you.

My comment:

Do we want [property] values to prevail everywhere and in all things? Are there some areas of life where [property] values should not determine what is most important — personal and family relationships, ethics and religion, community and public service and social justice? Are there certain things degraded when [property values] are allowed to be the ultimate measure? Are there certain social values and practices that are higher than market values?

In my continuing historical research to uncover any pattern of activity by pro-HOA supporters that would help to explain today’s HOA environment and culture, I now came across a 1989 U.S. Advisory Commission[i] report for public officials.[ii]  It uses a question and answer format, raising some of the very same constitutional and legal issues still being raised today.  The reader must wonder why the answers have been ignored all these years, and who was responsible.

I’ve excerpted a few of the 54 questions, and answers contained in this report.  But first, an introductory statement is worth highlighting: “These private organizations, created through covenants on residential real estate, are exercising some functions similar to local governments and are a significant factor in the privatization of local public services.”

 10. Why have RCAs been called “shadow governments” and “invisible kingdoms”?

19. How have special districts been formed in place of RCAs?

Read the full commentary at Public officials.

[ii] Residential Community Associations Questions and Answers for Public Officials, ACIR, M-166, July 1989, (http://www.library.unt.edu/gpo/acir/Reports/information/M-166.pdf).

The link below tells the HOA law firm of Carpenter Hazelewood – CAI members – twice fought to stop fair and just due process, because 1) they were losing control over the HOA board members whom they considered “dumb” (see note 1 below), and 2) they lost 42% of the time to Pro Per homeowners, signifying the awful state of injustice going on in HOAs today!

The members of the Arizona Terravita CA voted about 1000 to 100 to accept the extensive amendments to their CC&Rs. (See   HOA ethics: vigorous performance or collusion?)  In response to a member’s concern about any affects of this vote, I answered as follows.

I am sure that you are aware of the expression: “You are identified by the people you associate with.”  That expression holds true for the community in which you live, the Terravita community, whose actions and failures to act set the character of the community, and of the people who live in Terravita.  The Terravita mindset is: In the name of “maintaining property values”, the HOA is beyond reproach and can do no wrong. 

From my years working to bring the American democratic system of government to HOAs, I have encountered HOA “true believers” who adhere to the ideology that “my HOA can do no wrong”, and who refuse to look at the facts. They are primarily concerned with a narrow self-interest: how will it affect my finances and my property value? The 1000 to 100 vote in favor of the extensive amendments clearly demonstrates that Terravita is infected with this malady.

HOA members do not want to hear that they live under an undemocratic government whose legal objective is to maintain property values, and not concerned with protecting the individual’s rights and freedoms. It’s a commune environment where your property rights are not under your control, but under the control of a board and your neighbors — now under the control of a minority of your neighbors — in a corporate form of government where a member has less rights than those not living in an HOA. Do you really want your home to be collateral to a regime that is authoritarian, and not having your best interest in mind? Under law, the HOA board has it allegiance to the HOA corporation, which is NOT the same as to the membership.

The one-sided vote reflects a mindset in Terravita that the board can do no wrong, and the attorneys advising the board have the best interests of the members in mind, and not a personal agenda to protect and defend the un-American HOA government that serves to feed their revenues. Attorneys who play loose with the laws and judicial system, ignoring irregularities in order to get their way.

HOA members need to reevaluate their value systems and to understand the character of their community. Do the members stand up for ethical and moral values, for the equal application of the laws and adherence to the Constitution? Or does only property value have any meaning, any importance?

Here’s my review of Rediscovering Values, Jim Wallis, Simon & Schuster, 2010. Mr. Wallis a preacher who has appeared on numerous TV discussion panels. And many people see no wrongs. Wallis wrote:

There are some things that we all should get angry about. First, we were told a lie. Second, the rules of the game failed. Third, our good was supposed to trickle down.

Do we want [property] values to prevail everywhere and in all things? Are there some areas of life where [property] values should not determine what is most important — personal and family relationships, ethics and religion, community and public service and social justice? Are there certain things degraded when [property values] are allowed to be the ultimate measure? Are there certain social values and practices that are higher than market values?

I have written about the inequities of adhesion contracts, of the surrender of rights and privileges by virtue of the “no need to see” constructive notice doctrine[i], of HOA foreclosure rights, of transfer fee demands on sellers, not new owners,  and of the mockery of due process with the empty requirements of only “an opportunity to be heard” by the HOA accusers.  In this writing, I call your attention to the “pay until you die” public policy in support of HOA survival.  No breaks for old age, retirement, medical bills and illness, or the common law right of offset arising out of a difference with the HOA regime.

For the complete commentary see Pay or die.