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.

The future of HOAs: Secession from or absorbtion into municipalities?

Over the past 44 years, the mass merchandisers of homeowners associations (see TB#50: The Mass Merchandising of HOAs by ULI) were successful in creating a mindset that HOAs are nothing more than contractual corporations, having nothing to do with governing the people within the community.  The policy makers have accepted that argument, because they have their own “personal” agenda — less work for municipalities.  The justification was easily acceptable given the current trend on the views of big government:  “the voice of the people”, “voluntary consent”, “direct democracy in action”, interference with [unconscionable adhesion] contracts, etc. (See Homeowner Associations: ex post facto amendments, consent to be governed, contracts to avoid the Constitution).
 
But, there must be some form of governance on the existing subdivisions and their “common areas” and amenities.  That form must be within our Constitution.  The direction to be taken would be the “merging” of these hundreds of HOAs within a county into a handful of municipal entities, as there are townships in states back east, to form  towns and villages. They, of course, would  be subject to the municipality laws of the state.  That is the only way out. It allows a degree of “home rule”, but home rule that, like in other areas of the application of home rule, is subject to state laws on the delegation of county responsibilities and obligations. (See A proposal for the ‘Muni-zation’ of HOAs; Stop developers from granting private government charters).
 
Or, if we as advocates  fail, the secession of the HOA from the county as Robert Nelson wrote in Private Neighborhoods and the Transformation of Local Government . (See HOA Secession from Local Government: The future of Planned Communities?)   
  
There are no simple answers — it’s too late for that.  Your choice. 
 
It’s up to you!
 

What Happened at the Arizona Senate

DVDA 63-minute DVD, with case, is available for viewers to witness, for themselves, the interests of partisan politics dominating good public policy. We are all aware of how the interests of the party, and of the lobbyists that have a strong influence over the legislators, have a profound effect on governing and on public policy. These influences burst out into the open at this session, and can be heard directly from statements made by the Senators.

A 7-minute “trailer” can be viewed at Senate by selecting “What Happened”..

Send an email to StarPub to order the $10 video.

Partisan politics dominate AZ Senate final session: HOA reform bill SB1162 not heard

Understanding that with the BIG Media control over our news media you will not be told about the serious failings of the Senators in their final 2008 session. So much for the media’s role in a healthy democracy. So much for homeowner association reforms!

ALIS has posted the divisive and contentious session on its site. Click on the link below and select the 3 hour and 40 minute entry shown below.

Instead of watching a movie or the news this evening, watch this real life unfolding of politics and the legislature, and understand why HOA reform bills are having difficulty getting passed into law. See and listen to the Senators speaking themselves about the loss of integrity, and “a sad day for the state, and for this body, too”.

    And all the while keep in mind that there is not even a whisper of passing SB1162 with its attempt to remove ex post facto amendments and to level the litigation playing field for millions living in HOAs.
    synopsis:

The relevant material begins about 38:40 minutes into the video with an exchange with Sen. Cheuvront on HB2723, special tax districts. Sen. Cheuvront is interrupted by a motion to adopt the COw report, and thereby end the COW session. Sen. Harper is the chair. (COW ends with a motion to report the results to the Senate, where it must be accepted by a vote).

This action by the Republicans serves as the catalyst for charges and counter-charges of rules violation that then permeates the next 2 hours. You will hear cries of “point of order” to the interruption that are ignored, with the session resuming with Pres. Bee now as the Chair. You will hear the call for the Rules attorney to attend the session.

You will hear charges of undue influence of the lobbyists, of partisan politics — from the Senators themselves.

    The sequence is:

discussion of the Cheuvront amendment
discussion of the of the retention of certain bills accepted in COW (not to be voted on)
discussion of SCR 1042, the constitutional amendment against gay marriages

The frequent speakers that you will see are:

    Republicans

Pres. Bee
Pres. pro Tempore, Blendu
Majority Leader, Vershoor
Majority Whip, Huppenthal
Senators Harper, Tibshraeny

    Democrats

Ass’t Minority Leader, Garcia
Senators Cheuvront, Aboud, Burton Cahill, McCune Davis

http://azleg.granicus.com/ViewPublisher.php?view_id=7
06/27/2008 – Senate Committee of the Whole #1 and Final Reading Part 2

Establishing the New America: a new book

PRE-ANNOUNCEMENT BOOK RELEASE.

 

This 275 page paperback is expected to be available in August 2008.

book cover

Preface

 

Bill Moyers wrote about history and journalism (Moyers  On Democracy, Bill Moyers, Doubleday, 2008), saying that “Bad history can have consequences as devastating as bad journalism. . . . history is also what people think, and wish and imagine. ” He asked, “What happens if the vivid representation of particular characters and people impress on the mind not ‘general truths’ but persistent lies”?

First, let me say that I’m not a lawyer, and this is not a book on the law although it draws heavily on the political and legal systems. This little volume consists of a selection of my writings, mainly my Commentaries on my HOA Local Government web page, and from my

numerous emails over the past eight years. During that time I was actively involved as an advocate for homeowners living in planned communities – HOAs or condos – in an attempt to clarify history and to inform the public, the media, the various state legislatures, and anyone who would listen.

My involvement has been primarily in two areas: constitutional reforms, and justice for homeowners living in these authoritarian regimes “sanctioned” by their state legislatures. Materials and incidents reflecting the fact that homebuyers are not told the whole truth about the loss of their rights and protections are provided in support of my arguments. When homeowners took possession of their restricted deeds, believing that the HOA was just like a social club, or part of this country under the laws of the land, the courts held them bound to the HOA-land constitution, the CC&Rs. Any onerous provisions where not given too much thought, because the buyers

believed that the laws would protect them or would not allow such onerous provisions. After all, the HOA takes care of everything, and this is America, the land of the free and of individual rights.

Without the protections of a bill of rights, homeowners live under the suffrage of their board. All usually goes fairly well until the homeowner disagrees with the board, or offends the “powers that be”, whereupon he quickly discovers that he has very, very little legal protections. And those that he still retains, requires digging into his own pocketbook to get the HOA to obey the laws, because the state doesn’t care. This could be within months, within a year or after 5 – 10 years. Your government considers it to be a private contractual matter – just between the parties without any affect on the interests of the public in  general, or on public policy.

Read the promo . . .

 

 

 

 

CAI opposition to Arizona's SB1162 attacks the supremacy of the Constitution

The AP reports today on US Supreme Court ruling of unconstitutional imprisonment in violation of habeas corpus*.  Justice Anthony Kennedy, writing for the court, said, “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.”
 
CAI Central, on the record in its amicus curiae brief in the Twin Rivers appeal, objects to the application of the Constitution to homeowners associations.  In fact, today in Arizona, HOAs and their CAI member attorneys fiercely oppose access to the courts or administrative hearings for homeowners seeking justice as the Supreme Court tells all, “Equal justice under the law”. CAI believes that ex post facto CC&R amendments are proper in spite of the fact that these amendments are prohibited in the public sector by the Constitution.
 
CAI Arizona writes in its recent Call to Action on SB1162,
 
However, it is in reality a well-disguised “litigation machine” that restricts an association’s ability to solve problems with their CC&Rs, avoid additional costs and litigation, and may actually increase the number of frivolous lawsuits filed against Associations.  SB1162 would do two things: (1) prevent the awarding of attorney’s fees to the winning party in Superior Court, and (2) restrict certain types of amendments to the CC&Rs when a lawsuit against an Association is pending in court.

 

 

 

“Certain types of amendments” are ex post facto amendments used to cause the court to say the case is now moot, but will award attorney fees to the HOA.  Grossly unjust!  The homeowner is penalized for forcing the HOA act in a just manner by going to court.
 
“Restricts the association’s ability to solve problems with their CC&Rs” is an outrageously disgraceful statement reflecting a serious lack of good faith negotiating and candor to the legislators, and to the public.  The HOA attorneys, lead by the CAI national lobbying group’s attorney members, do not act to create harmonious, vibrant communities as proclaimed in the CAI propaganda, but take an adversarial, confrontational, divisive, and hostile attitude to all those who dare challenge the supremacy of the HOA board to act as it freely decides.
The many reasons homeowners are bringing the HOA to court is the fact that the HOA has not only disregarded their obligations under the CC&Rs, but  under state laws as well.  If the legislators were to insist on penalties against such intentional acts by the HOA, we would not be seeing all these problems.
 
Once again we see clear and convincing evidence that the CAI mission is the establishment of a New America of independent HOA principalities and their authoritarian form of government.  I ask the Arizona legislators to heed Justice Kennedy’s statement regarding the survival of the US Constitution and laws of the land. 
 
Put SB1162 into law!
 
 
* Habeas corpus, Art. I, section 9, clause 2 reads, “The writ of habeas corpus shall not be suspended, unless when in the cases of rebellion or invasion the public safety may require it.”. It prevents authorities from imprisoning anyone without a judicial hearing.  That’s why there’s a 24 hour “initial appearance”  requirement before a judge if a person is charged with a crime.