Category: Opinion

Posts by GKS

HOA Reformers needed to educate

 [Selected commentaries are available as audio podcasts on SPOTIFY and GOOGLE PODCASTS. ]

HOA Reformers are needed as educators to spread the facts about HOA-Land to the public in general; especially to the legislators, the media, the HOA boards, and to the universities and high schools.

As HOA Reformers we must look past our mindset that placates our wants, needs, and fears. Wrongs must be righted; one nation undivided under the Constitution must be upheld. We must step out of the cave with its shadow reality and into the light {Plato allegory) to discover the realities of the HOA-Land culture. It is not an easy task to reject longtime beliefs but one that must be taken.

My Plan Toward Restoring the HOA Model of Governance  called for both a systemic restructuring of the HOA legal scheme and the need to reorient the BODs and legislators. (View at https://tinyurl.com/sr27yq3). The long ignored and inexcusable questions of constitutionality that continue to harm members and the greater communities across this country must be exposed, understood, and accepted.

The Plan first requires addressing the attitudes and views of BODs, the members, and the public in general.  The conditioning and indoctrination by the biased views of the national pro-HOA special interest entity must be de-conditioned by a program of reorientation.  The commonly found guidelines of the  special-interest, pro-HOA lobbyist speak to an authoritarian government with member interests and concerns being secondary to the survival of the association. It’s an unacceptable deviation from the intents and purposes of our constitutional government.

Listen to Commentaries on Spotify audio

Announcing selective commentaries are now available as audio podcasts of Spotify – must signup for free account.  You can also listen on other podcasters – see below. Files range from 3 minutes to 15 minutes.

Just click on the Spotify button on the commentary page or add the RSS feed to your email browser under RSS Feeds. On the the commentary page, click on “Podcasts” in the left column or enter Podcasts under Search in the right column.

Here’s the link to use: https://anchor.fm/s/4e14861c/podcast/rss

Other Podcasters are available if you have an account. Go to Anchor website and choose Podcaster. You will probably need an account.

ANCHOR main — HOA Constitutional Government • A podcast on Anchor  — ALL episodes and podcasters. Select under “Where to Listen.”

Spotify is available on your cell or tablet. Download the app and skip all the advertising and promotions nonsense, and click on “search” bottom at the bottom. In the Search box enter HOA constitutional government.

AZ free speech bill HB 2052 on track

The substantive Arizona homeowner reform bill, HB 2052, has been assigned to the Senate GOV committee. No hearing date has yet been assigned.  In short,

“Overview Stipulates that a unit owner’s association or a planned community association (association) may not prohibit a unit owner or member (member) from peacefully assembling and using private or common elements of the community.”

See Arizona HB 2052 restores homeowner constitutional speech protections

Effective presence in support of legislation requires immediate support to the assigned committee to let the members know before the public hearing. It is this private committee time where decisions are made. This advice can be found in Colorado’s Morgan Carroll’ book and discussed in Colorado senator’s guide to effective HOA legislation.   

Many may not remember Ugenti’s conduct in 2013 but I have the hope that justice will prevail for homeowner with 2052.

“The loss of these perceived benefits lies not in this victory, but in the acts of Rep. Ugenti who is responsible for attaching, at the last legislative session, her defeated HB 2371 to SB 1454.  SB 1454 now became a bill with two subjects in violation of the constitution.”

Here are the committee’s email addresses.  AZ Senate GOV committee 2021

Sonny Borrelli  sborrelli@azleg.gov 
Juan Mendez  jmendez@azleg.gov 
J.D. Mesnard  jmensnard@azleg.gov 
Jamescita Peshlakai  jpeshlakai@azleg.gov 
Warren Petersen  wpetersen@azleg.gov 
Martin Quezada   mquezada@azleg.gov 
Kelly Townsend, Vice-Chairman,  ktownsend@azleg.gov 
Michelle Ugenti-Rita, Chairman   mugenti-rita@azleg.gov 

Countrywide political culture cause of HOA reform failures

On this morning’s talk show, political discussion addressed the questions of the  Republican Party policy of applying strong power in order to stay in office, and what is the percent of Trump supporters who are hard core followers – cultists.  Will these dogmatic people remain loyal to Trump and to the Republican Party after the events at the Impeachment Trial?

Materials describing the growing trend toward authoritarianism[1] in America is well documented and reliable information can be found on the Internet.[2]

“There are some people [authoritarian followers] for whom the system of checks and balances are bothersome and annoying, and dislike the noise and chaos of democracy. . . . [Authoritarians] understand their role, which is to defend the leaders, however dishonest their statement, however great their corruption, and however disastrous their impact on ordinary people and institutions.”[[3]

Talmon hits the nail on the head when he writes that “Citizens of a totalitarian democratic state, even when aware of their true powerlessness, may support their government.”[4] 

 In “Part 1, The Cultural Dynamics of HOA-Land” of my HOA-Land Nation,[5] I present my analysis of  the forces at work dominating the politics within the HOA private government. 

Basically, the HOA legal structure and scheme is authoritarian in nature: strong central power, limited political freedoms, no accountability, and under the rule of man, not law. The authoritarian nature of HOA-Land is masked by a thorough indoctrination that presents a false picture of the real estate subdivision as democratic, inappropriately named a community, simply because the members are allowed to vote, as meaningless as it is.

Getting back to HOA-Land, it becomes disturbing that the application of authoritarianism and totalitarian democracy philosophy seems to fit quite well. Too well at that! [6]

HOA Consultant

* * * *

The same dynamics at work in HOA-Land[7] are well evident in Impeachment Trial II of Donald J. Trump[8] and reveal the new political forces at work in all of America. The trial brief stated, among other things,

The only honorable path at that point was for President Trump to accept the results and concede his electoral defeat. Instead, he summoned a mob to Washington, exhorted them into a frenzy, and aimed them like a loaded cannon down Pennsylvania Avenue. (p. 75).

By the day of the rally, President Trump had spent months using his bully pulpit to insist that the Joint Session of Congress was the final act of a vast plot to destroy America. As a result— and as had been widely reported—the crowd was armed, angry, and dangerous.  (p.2).

President Trump has demonstrated beyond doubt that he will resort to any method to maintain or reassert his grip on power. A President who violently attacks the democratic process has no right to participate in it. Only after President Trump is held to account for his actions can the Nation move forward with unity of purpose and commitment to the Constitution. (p. 5).

* * * *

Today’s politicos are talking about a third party with Trump as its leader, mainly from Republicans.  A Gallup survey[9] shows that there is no majority party in the US, counting Independents as a party: Republicans and Democrats are about 25% each and Independents now 50%.  (In Nov.  2016 it was 27% Republicans, 30% Democrats and, 40% Independents). 

It will be an interesting new US political scenery; what will happen who knows.

How many Republicans, government officials,  and the general public supporters of Trump remain loyal after the events of the Day of Infamy, January 6, 2021?  With Trump out of office, but able to run again, how much power will this authoritarian leader retain?  It seems the Congress, the WH, and Americans in general need to examine their moral positions and ask themselves, Did I do right? Did I do the honorable thing for America?

Notes

[1] Authoritarianism: favoring complete obedience or subjection to authority as opposed to individual freedom..

[2] See in general: Anne Applebaum, Twilight of Democracy: The Seductive Lure of Authoritarianism, Doubleday (2020); Amanda Taub, “The rise of American authoritarianism,” Vox (March 1, 2016); Bob Altemeyer, The Authoritarians, 2007.

[3] Id., Applebaum.

[4] J. L. Talmon, The Origins of Totalitarian Democracy, Penguin Books (1986, first published 1952).

[5] George K. Staropoli,  The HOA-Land Nation Within America, StarMan Press, 2019.

[6] George K. Staropoli,  HOA political dynamics: totalitarian democracy (2019).

[7] HOA-Land is a collection of fragmented independent principalities within America, known in general as “HOAs,” that are separate local private governments not subject to the constitution, and that collectively constitute a nation within the United States.  Latest estimate at this writing is that some 23% of Americans live in HOA-Land.

[8] Articles of Impeachment, H. RES. 24, (2021). See House_trial_brief;  Trump answer; House answer response.

[9] Party Affiliation, Gallup (Feb. 15, 2021.

Arizona HB 2052 restores homeowner constitutional speech protections

The Arizona HB 2052 (2021)  bill (sponsored by Rep. John Kavanagh) is an update to Arizona’s SB 1412[i] which died in Rules last year as a result of postponements due to the COVID-19 virus.  Essentially, its

“Overview Stipulates that a unit owner’s association or a planned community association (association) may not prohibit a unit owner or member (member) from peacefully assembling and using private or common elements of the community.”[ii]

The list of AZ GE committee RTS names against HB 2052 shows only AACM and not CAI, who I believe is hiding from severe criticism of its support for unconstitutional HOA legal scheme.[iii]  However, the long time activist CAI member firm, Carpenter Hazlewood et al.,  with several lawyers also being CAI activists, opposes this bill that seeks to restore political free speech to members in HOAs that was taken away by ab initio  — from the beginning making the agreement null and void from the start — unconstitutional declarations of CC&Rs.

“We encourage our association clients to review HB2052. We encourage all board of directors to contact their representatives to discuss its association’s position on HB2052. If you have any questions for Carpenter Hazlewood about HB2052, please feel free to contact the firm’s Legislative Team.”[iv]

CAI dominates HOA board as a result of its CAI School of HOA Governance[v] indoctrination over the years.  What is your board going to do? Stand by CAI’s opposition or obey its legal duties to do right by the members.[vi]  It can only reject this bill on the grounds that it feels granting its members constitutional rights of free political speech — that all other Americans have —  will harm the HOA government.

WHAT DO YOU SAY?

Do not allow your board to speak for you before government committees without a vote of all the members granting such powers.  I have no doubt, based on my years of dealing with CAI on constitutional issues, that its email has been sent to your president your manager, and directors.

Stand by the Constitution!  Contact your state representative and urge him/her to support HB 2052, which will soon come to a vote in the House.

Looking at the role Washington must play, see America cannot be completely unified with HOAs.

References

[i] See in general, AZ SB 1412 reflects move to HOA constitutional reforms (Jan. 2020); Authorities for protected HOA political speech — SB 1412 poll (Jan. 2020); AZ fair elections reform bill SB 1412 moves on (May 2020).

[ii] HB 2052 summary.

[iii] In the Twin Rivers case, the CAI amicus brief to the NJ appellate court warned about “the unwise extension of constitutional rights to the use of private property by members [in HOAs].”CBTR v. Twin Rivers, 929 A.2d 1060 (2007); In reply to my amicus curiae brief, CAI responded with, “It is clear that the amicus curiae simply wants to impose constitutional protections on members in homeowners associations. The law has never supported that proposition.”(CAI/Smith amicus response.); CAI maintains HOAs are protected by and do not violate the Constitution — not so!

[iv] “CHDB Legislative Alert!!! AZ House Bill 2052,” Carpenter, Hazlewood email, January 21, 2021.

[v] CAI School of HOA Governance: The foundation and principles of the School can be traced back to CAI’s Public Policies, The CAI Manifesto (its 2016 “white paper”), its numerous seminars and conferences, its Factbooks and surveys, its amicus briefs to the courts, and its advisories, letters, emails, newsletters, blogs etc. I have designated these foundations and principles collectively as the CAI School of HOA Governance.

[vi] In my sampling of CC&Rs of both large and small HOAs I found boilerplate wording that focused on “maintaining property values” or “for the overall development, administration, maintenance and preservation of the Properties.” Almost all, but not everyone, contain a statement directed toward the member: “shall inure [take effect] to the benefit of the member” [or “each owner”], and “be mutually beneficial.” I came across this one-sided statement: “intended to benefit the Association.” The most liberal and progressive statement of purpose mimics the Preamble to the Constitution “to promote the health, safety and general welfare of the residents of the Properties” (the general welfare clause). The inclusion of “health and “safety” are redundant in that “general welfare” includes these concerns. See “HOA contractual Mission” in Restructuring HOAs – intents and purposes.