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.
The creators and developers of the homeowner association concept and legal structure (1964) immediately ran into problems and by 1973 had to form the Community Associations Institute (CAI) to resolve them. In 2000, CAI and ULI boasted of their long-term success in institutionalizing homeowners associations into the American fabric – HOA-Land. The subtitle of their self-congratulatory book reads: “The Emergence and Acceptance of a Quiet Innovation in Housing”.
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.
The more familiar focus group methodology stands in sharp contrast to the Case Study approach, which is a top-down, managerial process, while focus groups are a bottoms-up approach to provide guidance to decision-makers. The key aspect here is how does the researcher use the data gathered, which is dependent on the depth and quality of its subsequent analysis.
An important caveat: focus groups can be used to advance personal agendas by shaping the content of the issue or conditions to be studied and/or the phrasing and wording of the questions asked. There is generally no debate between the respondents questions or criticizing their views.
HOA Case Study Overview
Simply put, the case method is a discussion of real-life situations that business facing executives. IT IS AN EDUCATIONAL PROCESS FOR ALL HOA MEMBERS and will help in becoming a more meaningful, relevant, and productive participant in the governance of your HOA. It is members only and independent of any HOA approval or regulations.
If properly conducted, the outcome should provide your BOD with solutions that have much more merit than listening to the views gathered at focus groups or Q & A sessions (workshops, fireside chats, meet the board, etc.).
The method consists of being presented with a real event or issue or a case facing an executive – president, BOD, committee chair — and asking a question or two regarding what you would decide. As you review each case, you’ll put yourself in the shoes of the key decision maker, analyze the situation, and decide what you would do to address the challenges.
Importantly, there is the requirement to present your views or opinions before the study group (online participants), and after a discussion with other group participants you will be asked to volunteer your decision and reasons why. If you feel that your decision[s] have merit you can present them to the president or BOD as you feel comfortable. It would be appropriate to indicate the basis for your recommendations, the HOA Case Study Group that you participated in.
How to participate in a meaningful and instructive manner. YOU are the decision maker! What to do? (Harvard Business School, Executive Education).
Here’s your chance to deal effectively with HOA issues and resolve the problems in a practical manner. No unsupported opinions, feelings, likes/hates, etc.
What are the most important issues being raised?
Each case begins with a text description followed by exhibits. Ask yourself: What is the case generally about, and what information do I need to analyze?
Put yourself in the shoes of the case protagonist, and own that person’s problems. Ask yourself: What basic problem is this executive trying to resolve?
What recommendations should I make based on my case data analysis?
“Focus Groups are generally used to gather people’s opinions, ideas, and beliefs on a certain topic or product. While surveys or questionnaires can be useful, they can not capture what a person is thinking or feeling. This is where a focus group will come into play. . . . The main purpose of focus group research is to draw upon respondents’ attitudes, feelings, beliefs, experiences and reactions in a way where other methods are not applicable.
“Focus Groups are generally used when there is little or no knowledge about the target market. Most commonly Focus Groups are used when a new . . . service is being developed and the company is not sure how the public will react. In this instance, a Focus Group is conducted to get opinions, ideas, suggestions, and reactions before the product or service is available to the public. Once the information is gathered, changes may be applied to the service or product to make sure that it will be received well by the target audience.”
Stare decisis is the long-held doctrine underlying precedent or following and upholding existing laws. And if the laws are bad, well then, so are any new laws based on the bad precedent. Those of us as homeowner rights advocates are well aware of the harmful impact of stare decisis on homeowners. See Rejecting unjust HOA legal precedent(2010).
Stare decisis was a very big issue in today’s SCOTUS hearing on Roe v. Wade. Should this long held precedent be supported or not followed for reasons of “bad law” as argued by some. The principles governing stare decisis are, as should be expected, very complicated, so here’s the short of it as best I can determine.
Alexander Hamilton explained that “[t]o avoid arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents.” But it is not a “mechanical formula” or “not set in stone.” The issues dealt with “strong grounds” because “the Court’s willingness to overrule its past decisions is the only way to correct an erroneous constitutional interpretation.” Was the precedent wrong in the first place (as now being argued with Roe)? Whether “less harm will result from overruling the decision than from allowing it to stand?
Advocates must make the courts realize that most of the HOA statutes in every state must be overruled on constitutional grounds. Otherwise, homeowners will never be able to rise out of the muck and recapture true US citizenship.
Peter F. Drucker was an internationally re-nowned management consultant in the 50s and author of the management “bible,” The Practice of Management. “A classic since its publication in 1954, The Practice of Management was the first book to look at management as a whole and being a manager as a separate responsibility.” Bob Woodward you should know. View my publications (none more than $6.00) here:
HOA Constitutional Government 