HOA Constitutional Government

For those who have read my classification of HOA true believers as neo-Americans, that is, those who truly believe in the legal, economic and social values and benefits of HOA-land — the New America — allow me to clarify my reference to neo-Americans with those whom I classify as “truly hopefuls.”

In contrast to the neo-Americans, there are many people, and allow be to generalize here, who simply like the perceived benefits of HOA living —  the amenities, the gardening  maintenance, and the “other guys’, the HOA, enforcement of rules that you personally don’t have to put up with.  Just complain to the board and let them do the enforcement. Yet, these homeowners also realize that life in an HOA is just not exactly the way they would like it to be, and on purely personal grounds, want some changes to the way the HOA does its business.  Change this rule, impose this new rule, etc.  In short, they agree to the basic design of the HOA government, and see no reason to make substantive changes to it.  Like make it accountable to the state via enforcement of HOA violations of the governing documents and state laws.  These people seem to be confused with the reality that the HOA is a form of government that regulates and controls the people within the planned community subdivision with the real estate “package”.

I classify these persons as “truly hopefuls”, because they truly hope that these non-fundamental changes will make the HOA a better place to live.  Truly hopeful that still, after some 45 years of problems and resistance by the legislatures and national lobbying group, CAI, these changes will indeed come about.

With respect to the above classifications, homeowners in both classifications need to understand that their support of the HOA legal scheme is an approval of an un-American form of government.  In contrast, my view has always been that the legal HOA scheme must be made subject to the US Constitution and Bill of Rights, as required of all other forms of political government in this country.  The real estate “package” of the planned community with its amenities can remain, and still be workable with respect to local voice of the community, but under the American system of democratic government.  In order for this to happen,

the HOA form of government must be abolished!

With this understanding that the HOA is a legal form of governance, our elected officials must accept the de facto reality that HOAs are indeed an un-American political government that control and regulate the people within  planned community subdivisions.  Our elected officials must refute the neo-American false arguments that HOAs are not governments, a self-serving argument to permit the special interest lobbyists to formulate, and to establish control over, the legal structure of this authoritarian government.  The HOA, not being subject to the Constitution and the 14th Amendment, denies citizens their privileges and immunities otherwise protected from all public government denials.  Our elected officials need to realize that the pro-HOA lobbyist position is an affront to and a rejection of our system of  government. 

Our elected officials need to understand that, in a rejection of individual rights and freedoms, the so-called HOA “contract” is actually imposed on the homeowner.   And that the argument “to remain living in the HOA is implied consent” is an inappropriate legal doctrine, applicable to the realm of non-contractual public government.  This “consent” lies outside the “contractual” conditions and covenants of the CC&RS!

the HOA form of government must be abolished!

For those who have read my classification of HOA true believers as neo-Americans, that is, those who truly believe in the legal, economic and social values and benefits of HOA-land — the New America — allow me to clarify my reference to neo-Americans with those whom I classify as “truly hopefuls.”

In contrast to the neo-Americans, there are many people, and allow be to generalize here, who simply like the perceived benefits of HOA living —  the amenities, the gardening  maintenance, and the “other guys’, the HOA, enforcement of rules that you personally don’t have to put up with.  Just complain to the board and let them do the enforcement. Yet, these homeowners also realize that life in an HOA is just not exactly the way they would like it to be, and on purely personal grounds, want some changes to the way the HOA does its business.  Change this rule, impose this new rule, etc.  In short, they agree to the basic design of the HOA government, and see no reason to make substantive changes to it.  Like make it accountable to the state via enforcement of HOA violations of the governing documents and state laws.  These people seem to be confused with the reality that the HOA is a form of government that regulates and controls the people within the planned community subdivision with the real estate “package”.

I classify these persons as “truly hopefuls”, because they truly hope that these non-fundamental changes will make the HOA a better place to live.  Truly hopeful that still, after some 45 years of problems and resistance by the legislatures and national lobbying group, CAI, these changes will indeed come about.

With respect to the above classifications, homeowners in both classifications need to understand that their support of the HOA legal scheme is an approval of an un-American form of government.  In contrast, my view has always been that the legal HOA scheme must be made subject to the US Constitution and Bill of Rights, as required of all other forms of political government in this country.  The real estate “package” of the planned community with its amenities can remain, and still be workable with respect to local voice of the community, but under the American system of democratic government.  In order for this to happen,

the HOA form of government must be abolished!

With this understanding that the HOA is a legal form of governance, our elected officials must accept the de facto reality that HOAs are indeed an un-American political government that control and regulate the people within  planned community subdivisions.  Our elected officials must refute the neo-American false arguments that HOAs are not governments, a self-serving argument to permit the special interest lobbyists to formulate, and to establish control over, the legal structure of this authoritarian government.  The HOA, not being subject to the Constitution and the 14th Amendment, denies citizens their privileges and immunities otherwise protected from all public government denials.  Our elected officials need to realize that the pro-HOA lobbyist position is an affront to and a rejection of our system of  government. 

Our elected officials need to understand that, in a rejection of individual rights and freedoms, the so-called HOA “contract” is actually imposed on the homeowner.   And that the argument “to remain living in the HOA is implied consent” is an inappropriate legal doctrine, applicable to the realm of non-contractual public government.  This “consent” lies outside the “contractual” conditions and covenants of the CC&RS!

the HOA form of government must be abolished!

In sum, a homeowner or board member could make audio or video recordings because there is nothing in the law that legally prohibits the recording. However, an association board has the power and authority to institute a policy or pass a resolution to restrict or prohibit such recording at its own meetings. The law would then uphold the board’s business decision. 

I’d like to share part of this 16 year-old high senior’s Univ. of AZ college application. The student, Michael Woodburn of Phoenix, had to write a short essay on the topic of how a university education would help his generation better deal with the problems that he feels  confronts  the country today.  He wrote:

The gravest problem facing my generation in years to come is the lack of moral responsibility expressed by the politicians who work for the people, which a university education can remedy by helping my generation to reasonably elect the leaders of our country.

Politicians today ignore the fact that the people elect them; their duty is to work for the people’s benefit and the benefit of our country. Many forget this duty and replace it with party strife and selfish reward. When deciding upon a resolution, politicians often forego the most utilitarian option solely to restrain the influence of a rival political party when passing such a resolution. Politicians will also at times worry more about their public appearance instead of about the problems affecting the citizens they represent just for the sake of being reelected. These actions are a violation of their duties toward us.

A university education will enable my generation to think clearly for themselves. By thinking in such a manner, my generation will elect officials based on their merit and what they can offer the people, not just blindly following what they hear. This generation of representatives will pass on and my generation will follow; with a university education we will better know how to benefit our country and its citizens. With a university education, my generation can elect trustworthy and responsible leaders.

To correct the imperfections of current politicians, my generation would benefit from a university education designed to develop the minds of the people.

I hope that his generation will better understand the affront to the American system of democracy created by the neo-Americans who accept, promote, and defend the authoritarian, private, political governance of subdivisions by the HOA form of government.  These private regimes place, like the fascist governments of long ago, the state — the HOA — before the people.  I hope his generation will better able to correct the direction that this country is heading, and restore the values, principles and beliefs of a democratic government that was, at one time, the envy of the world.