Exchanging individual property rights for property values

The implicit exchange of individual property rights for not even promises or guarantees of maintaining property values has been accepted by most homeowners in HOAs. 

Many people accept the terms and conditions of the HOA governing documents, as many accept the rigors of military life.  They do not mind being told what to do, when to do it, and how to do it.  Others adhere to the belief, even after 44 years of contrary evidence, that true democratic reforms will still take place. They are faced with the harsh reality that their strong beliefs are not real, and that, in fact, their government doesn’t intend to make them a reality.  And that is indeed a very harsh pill to swallow.

 

Others do not accept this privatization of government — this delegation of government powers.  A privatization defended by those sworn to uphold the Constitution.  A privatization by virtue of a questionable private contractual agreement that is a devise by real estate special interests to bypass constitutional government with its protections of the rights and freedoms of the people.

 

Learn about the history of HOAs, and the motivations of the orginal promoters of HOAs and of the national lobbying group currently promoting this privatization. Learn about the events, incidents and pro-HOA legislation over the past 44 years that continue to have an impact on the legal  and social fabric of America, and on the everyday lives of every American.

 

 

 New Book Announcement — Establishing the New America of independent HOA principalities

 For more information see Flyer

 


The future of HOAs: Secession from or absorbtion into municipalities?

Over the past 44 years, the mass merchandisers of homeowners associations (see TB#50: The Mass Merchandising of HOAs by ULI) were successful in creating a mindset that HOAs are nothing more than contractual corporations, having nothing to do with governing the people within the community.  The policy makers have accepted that argument, because they have their own “personal” agenda — less work for municipalities.  The justification was easily acceptable given the current trend on the views of big government:  “the voice of the people”, “voluntary consent”, “direct democracy in action”, interference with [unconscionable adhesion] contracts, etc. (See Homeowner Associations: ex post facto amendments, consent to be governed, contracts to avoid the Constitution).
 
But, there must be some form of governance on the existing subdivisions and their “common areas” and amenities.  That form must be within our Constitution.  The direction to be taken would be the “merging” of these hundreds of HOAs within a county into a handful of municipal entities, as there are townships in states back east, to form  towns and villages. They, of course, would  be subject to the municipality laws of the state.  That is the only way out. It allows a degree of “home rule”, but home rule that, like in other areas of the application of home rule, is subject to state laws on the delegation of county responsibilities and obligations. (See A proposal for the ‘Muni-zation’ of HOAs; Stop developers from granting private government charters).
 
Or, if we as advocates  fail, the secession of the HOA from the county as Robert Nelson wrote in Private Neighborhoods and the Transformation of Local Government . (See HOA Secession from Local Government: The future of Planned Communities?)   
  
There are no simple answers — it’s too late for that.  Your choice. 
 
It’s up to you!
 

What Happened at the Arizona Senate

DVDA 63-minute DVD, with case, is available for viewers to witness, for themselves, the interests of partisan politics dominating good public policy. We are all aware of how the interests of the party, and of the lobbyists that have a strong influence over the legislators, have a profound effect on governing and on public policy. These influences burst out into the open at this session, and can be heard directly from statements made by the Senators.

A 7-minute “trailer” can be viewed at Senate by selecting “What Happened”..

Send an email to StarPub to order the $10 video.

Partisan politics dominate AZ Senate final session: HOA reform bill SB1162 not heard

Understanding that with the BIG Media control over our news media you will not be told about the serious failings of the Senators in their final 2008 session. So much for the media’s role in a healthy democracy. So much for homeowner association reforms!

ALIS has posted the divisive and contentious session on its site. Click on the link below and select the 3 hour and 40 minute entry shown below.

Instead of watching a movie or the news this evening, watch this real life unfolding of politics and the legislature, and understand why HOA reform bills are having difficulty getting passed into law. See and listen to the Senators speaking themselves about the loss of integrity, and “a sad day for the state, and for this body, too”.

    And all the while keep in mind that there is not even a whisper of passing SB1162 with its attempt to remove ex post facto amendments and to level the litigation playing field for millions living in HOAs.
    synopsis:

The relevant material begins about 38:40 minutes into the video with an exchange with Sen. Cheuvront on HB2723, special tax districts. Sen. Cheuvront is interrupted by a motion to adopt the COw report, and thereby end the COW session. Sen. Harper is the chair. (COW ends with a motion to report the results to the Senate, where it must be accepted by a vote).

This action by the Republicans serves as the catalyst for charges and counter-charges of rules violation that then permeates the next 2 hours. You will hear cries of “point of order” to the interruption that are ignored, with the session resuming with Pres. Bee now as the Chair. You will hear the call for the Rules attorney to attend the session.

You will hear charges of undue influence of the lobbyists, of partisan politics — from the Senators themselves.

    The sequence is:

discussion of the Cheuvront amendment
discussion of the of the retention of certain bills accepted in COW (not to be voted on)
discussion of SCR 1042, the constitutional amendment against gay marriages

The frequent speakers that you will see are:

    Republicans

Pres. Bee
Pres. pro Tempore, Blendu
Majority Leader, Vershoor
Majority Whip, Huppenthal
Senators Harper, Tibshraeny

    Democrats

Ass’t Minority Leader, Garcia
Senators Cheuvront, Aboud, Burton Cahill, McCune Davis

http://azleg.granicus.com/ViewPublisher.php?view_id=7
06/27/2008 – Senate Committee of the Whole #1 and Final Reading Part 2

Establishing the New America: a new book

PRE-ANNOUNCEMENT BOOK RELEASE.

 

This 275 page paperback is expected to be available in August 2008.

book cover

Preface

 

Bill Moyers wrote about history and journalism (Moyers  On Democracy, Bill Moyers, Doubleday, 2008), saying that “Bad history can have consequences as devastating as bad journalism. . . . history is also what people think, and wish and imagine. ” He asked, “What happens if the vivid representation of particular characters and people impress on the mind not ‘general truths’ but persistent lies”?

First, let me say that I’m not a lawyer, and this is not a book on the law although it draws heavily on the political and legal systems. This little volume consists of a selection of my writings, mainly my Commentaries on my HOA Local Government web page, and from my

numerous emails over the past eight years. During that time I was actively involved as an advocate for homeowners living in planned communities – HOAs or condos – in an attempt to clarify history and to inform the public, the media, the various state legislatures, and anyone who would listen.

My involvement has been primarily in two areas: constitutional reforms, and justice for homeowners living in these authoritarian regimes “sanctioned” by their state legislatures. Materials and incidents reflecting the fact that homebuyers are not told the whole truth about the loss of their rights and protections are provided in support of my arguments. When homeowners took possession of their restricted deeds, believing that the HOA was just like a social club, or part of this country under the laws of the land, the courts held them bound to the HOA-land constitution, the CC&Rs. Any onerous provisions where not given too much thought, because the buyers

believed that the laws would protect them or would not allow such onerous provisions. After all, the HOA takes care of everything, and this is America, the land of the free and of individual rights.

Without the protections of a bill of rights, homeowners live under the suffrage of their board. All usually goes fairly well until the homeowner disagrees with the board, or offends the “powers that be”, whereupon he quickly discovers that he has very, very little legal protections. And those that he still retains, requires digging into his own pocketbook to get the HOA to obey the laws, because the state doesn’t care. This could be within months, within a year or after 5 – 10 years. Your government considers it to be a private contractual matter – just between the parties without any affect on the interests of the public in  general, or on public policy.

Read the promo . . .