Posts by GKS
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).
I have written extensively on the mindset, points of views and beliefs of the vast majority of homeowners in HOAs and of those of the media and legislators across this country.[1]
As part of my Plan[2] I made reference to Plato’s cave allegory[3] on educating persons to a new view of life. In short, his dialogue speaks of people seeing only shadows within the cave where they dwell who attempt to come into the light to see reality. Here is a shorter, more understandable argument from John Adams.
“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.”
Unfortunately, the difficulty in any reeducation or reorientation program lies in the reality that most people “can’t handle the truth.”
Notes
[1] See Part 1, social and political dynamics, in The HOA-Land Nation Within America at Amazon.com).
[2] See Plan Toward the Restructuring of the HOA Model of Governance.
[3] See “The Allegory Of The Cave”, Plato, Republic, VII 514 a, 2 to 517 a, 7 (trans. Thomas Sheehan).
The Plan Toward Restoring the HOA Model of Governance[1] called for both a systemic restructuring of the HOA legal scheme and the need to reorient the BODs and legislators. 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 above picture reflects the rewrite of the Preamble to the Constitution as applied to the HOA-Land nation. It reads,
“We the people of a private HOA, in order to protect property values, insure domestic tranquility, promote the general welfare, and secure the blessings of increased property values to ourselves and our posterity, do ordain and establish this Declaration for the United HOAs of America.”
Why is there a need for board of directors education on HOA constitutionality? Why? Because:
“A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home.”[2]
while opposing the application of the Constitution in its numerous amicus curiae briefs to the courts, for example,
“In light of these statutory, contractual and common law standards protecting the interests of community association members, they need not claim constitutional protection from the conduct of governing boards to exercise their rights with respect to the associations.”[3]
“In order to provide accurate and readily available resources to educate homeowners, board members, and interested persons about the duties and responsibilities of property ownership in an HOA community, the General Assembly . . . to seek reliable and unbiased information available from private entities . . . and provide for published and online documents and programs offering HOA education . . . .”[4]
“CIDS [HOAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.
“In a variety of ways, these private governments are illiberal and undemocratic. Most significantly boards of directors operate outside constitutional restrictions because the law views them as business entities rather than governments. . . . [They] are inconsistent not only with political theories of legitimacy but with the normal process by which governments are created. . . . Thus these ‘private governments’ may violate the equal protection clause of the Fourteenth Amendment.” (Chapter 6).
CAI Common Ground Editor Durso mentioned my 2006 “‘open e-mail questionnaire to CAI’ containing four questions.” Below is a copy of those questions initially addressed to the AZ Legislature a year earlier. I never had any answer, either from the Legislature or CAI, nor any debate on the issues.
In a 2011 email to the North Carolina Legislature House HOA Committee I asked, “the legislators, the public interest organizations and policy makers to consider the following questions.” And I concluded with, “I await your reply, or a reply from any of the legal-academic aristocrats.”[6] Still no answer.
A webinar is in the plans that summarizes and follows the materials – the text — comprising the HOA educational series to reorient HOA boards and the public in general. The text is available online under the collection, “Restoring the Lost Constitution to HOA-Land.” Will be coming soon.
Notes
[1] See https://tinyurl.com/sr27yq3.
[2] About Community Associations Institute, April 4, 2020). https://finance.yahoo.com/news/community-associations-institute-cai-provides-181931116.html. April 4, 2020).
[3] CAI amicus brief, Jan. 3, 2013, Dublirer v. 2000 Linwood Avenue Owners Assn, N.J. Docket 069154 (2014).
[4] “Study On Homeowners Associations”, Luke A. Rankin, Chair, South Carolina General Assembly (December 18, 2015). (http://www.scstatehouse.gov/CommitteeInfo/HomeownersAssociationStudyCommittee/HOAStudyCommitteeFinalReport12182015.pdf). April 27, 2020).
[5] http://starman.com/m…/restructureHOA/restructure-reading.pdf.
[6] See Too hot for NC HOA committee – withdraws legal-academic “experts, George K. Staropoli, HOA Constitutional Government (Nov. 17, 2011). https://pvtgov.wordpress.com/2011/11/17/too-hot-for-nc-hoa-committee-withdraws-legal-academic-experts/
I was invited to participate in the drafting of revisions to the Uniform Law Commission’s (ULC) Uniform Common Interest Ownership Act (UCIOA) and Uniform Condominium Act (UCA). As an invited Observer with full participation rights I bring “in the trenches” in-depth experience and extensive research to restore the lost Constitution to HOA-Land.
With the advocates’ failure to nationally unite and collaborate to attain substantive HOA reforms, going forward with ULC’s statewide collaborative approach will benefit all interested parties, including HOA members. The drafting committee is comprised of conscientious and dedicated unpaid volunteer attorneys appointed by their state. Uniform Acts (UCC for example) adopted by ULC are presented to state legislators to adopt and to ease the disorder brought about by different rules in different states that affect a person’s home in an HOA.
My late 12 hour introduction into the amend and revise procedure allowed me to orient myself to the functioning of the UCIOA committee as well as presenting a few points of view. The proposed UCIOA changes are in the review process and need to be approved by the ULC commissioners at their annual meeting, yet to be determined as a result of the coronavirus restrictions.
When and if future revisions to UCIOA are in order I hope to participate more fully.
HOA Constitutional Government 