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Friday June 5, 2020, 11:00 (PDT)
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Session Format
Let’s hear it for GEICO!!!
Hooray! New advertisement pointing out HOA nonsense.New homeowners are happy living in their new neighborhood. If only their HOA wasn’t so involved… Subscribe to GEICO: http://on.gei.co/2kvNnOw COMMERCIAL CA…
HOA Lost Constitution Webinar #2
Veritas para justitia
(truth for justice)
The overall intent and purpose of this FREE StarMan Group webinar series is the education and reorientation of HOA members, especially the board of directors, to long ignored issues of constitutional validity; issues that the public will not find in the propaganda from the Evil Empire.
The next webinar is planned for Friday, June 5, at 11:00 AM PDT.
Professor McKenzie:
“CIDS [HOAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments. . . . Thus these ‘private governments’ may violate the equal protection clause of the Fourteenth Amendment.”
“[T]he balance of power between the individual and the private government is reversed in HOAs. . . . [T]he property rights of the developer, and later the board of directors, swallow up the rights of the people, and public government is left as a bystander. [Consequently,] this often leads to people becoming angry at board meetings claiming that their ‘rights’ have been violated – rights that they wrongly believe they have in a [HOA].” (p. 148)
CAI in contrast:
“Contrary to conventional wisdom, Americans do not waive their constitutional rights when they move into a community association.”
“Community associations are not governments — many years of legislation and court rulings have established that fact beyond a reasonable doubt. Yet they are clearly democratic in their operations, electing their leadership from among the homeowners on a periodic basis.” (Tom Skiba, Ungated, April 2, 2008).
This session is a continuation of part 1 and will cover introductory materials needed to understand the reasons for BOD reorientation. If you missed Part 1, I urge you to view the video and script prior to attending Part 2. The Part 1 video is available at https://vimeo.com/421950279 and the script is here.
To receive an invitation please respond to gks256@NYU.edu with “webinar” as the subject and the email address that you will use to participate. Invite email will be sent with info needed to attend.
Session Format
On May 21st, after a long interruption due to the COVID-19 lockdown, the Arizona House passed SB 1412 by a unanimous vote of 11 – 0 in favor. GREAT! It joins California’s SB 323 passed into law last year.
See Authorities for protected HOA political speech — SB 1412 poll and AZ SB 1412 reflects move to HOA constitutional reforms.
Colorado’s HB 1200,[i] brought to my attention by journalist Ruthy Wexler, is an outstanding bill that provides for the long ignored, not my job, state oversight of HOA violations. It is a measure that provides the constitutional protections against depriving “a person of property without due process of law” and against denying “the equal protection of the laws.” These protections have been denied by the HOA “constitution,” its CC&Rs. Although a private contract, these protections cannot be waived.
HB 1200 is a much more protective bill of homeowner rights and freedoms as was introduced in Arizona in 2006 and adopted in the face of stringent opposition by CAI. CAI then proceeded in 3 court cases over 4 years to have the statute declared unconstitutional and have the ruling applied to all Arizona HOAs. It almost won but the Arizona Supreme Court denied it precedent value and in 2011 the statute was amended to handle CAI’s claims of unconstitutionality. It is in operation today under Arizona’s real estate department.
I was actively involved in the creation of this Office of Admin. Hearings adjudication of HOA disputes and in the defense of its constitutionality.[ii]
The role of CAI, as presented above, should not be taken lightly. Strong and active homeowner support will be necessary to carry this bill to law. I commented on former Colorado Senate President Morgan Carroll’s book:
Yes, there have been champions of HOA reform, but advocates fail to realize that these legislators must buck the powers that be at the legislature and win over the votes of a majority of other legislators. And this takes outcries by many people, not with gripes of “I wuz wronged!” but with valid arguments as to why HOAs are wrong for the state and the general public well-being. And how to fix these wrongs.[iii]
Take heed Coloradans and get behind the sponsors today!
Notes
[ii] See AZ Supreme Court accepts advocate’s amicus brief in challenge to HOA statute.
[iii] See Why HOA reform advocates fail at legislative reforms (2011).
HOA Constitutional Government 