HOA Constitutional Government

1. Who cannot support, in principle at least, the David A. Kahne proposed Bill of Rights published by the AARP Public Policy Institute?

2. A clear statement of the purpose of the AARP proposal is contained in its forward written by the Institute:

The purpose of this publication is to outline a key set of ten principles . . . that states can follow when developing laws and regulatory procedures for common interest communities.

The guiding philosophy behind this publication is to promote healthy interaction between residents and their associations ….

3. If you cannot support all the ten points in principle, to what do you object? What principles would you like to add? Delete?

4. The introductory pages leading to these principles cannot really be argued against. While they could be stronger, they are a good statement of policy to guide the legislators. Offer your improvements.

See the complete commentary at AARP

If you had the opportunity to read the 1964 ULI ‘bible”, TB#50, The Homes Association Handbook, (see eEditorial post of August 31, 2006) on how to mass market HOAs, it becomes quite plain that the HOA model was subject to failure if certain requirements were not specifically stated in the CC&Rs.

The survivability of HOAs required mandatory membership and compulsory dues, plus the need for the draconian coercive measure of foreclosure, backed by statutes agreeing to this excessive punishment of homeowners. The survivability also required the loss of fundamental rights and freedoms, and this required the insistence that HOAs were not governments but private organizations allowed to operate outside the 14th Amendment protections, to which all other governmental entites are subject.

And finally, there was the need to conceal the loss of rights and authoritarian nature of HOA government when promoting HOAs to legislators, the media and the public.

See my comments: http://pvtgov.org/pvtgov/downloads/hoa_truth.pdf

Note: The term “disciplined democracy” was used to describe the government of the prior Cuban dictator, Fulginio Baptista, in a History Channel program. His government was notorious for rigged “democratic” elections and compliance by goon squads.

Exciting news!!!!! HOA law book written by an advocate and not by an industry supporter!!! Acknowledging Shu Bartholomew, AHRC (Elizabeth McMahon) and yours truly, George K. Staropoli.

New Book:
Title: California Common Interest Development — Homeowner’s Guide
Publisher: Thomson-West Legal Publishers (leading publisher of legal materials)
Author: D. Vanitzian
Series: The Expert Series
Cost: $120

Call Mike Belz at Thomson West Inside Sales
800-328-9352 X76432
*Price subject to change without notice or check its web site.

Forward in the book is written by: Justice Armand Arabian, (Ret. California Supreme Court)

Congratulations Donie !!!!

Please visit the Collected Papers web site for several writings on planned communities, homeowners associations, local community governance and constitutional rights and freedoms.

See Collected Papers.

SUMMARY

The Urban Land Institute Technical Bulletin #50, The Homes Association Handbook, was the vehicle for this mass merchandising of planned communities with influence today on events and attitudes.

The model and concept of planned communities with their mandated homeowners associations has been presented and sold to the legislatures, government agencies, commissions and officials, and to the media and public in general as the unquestionable means to better, healthier, vibrant and desirable communities. And the means to this noble end was the HOA governing body supported by unconscionable adhesion contracts in the form of covenants, conditions, and restrictions, including the HOA bylaws, that would maintain property values for the benefit of all — the local municipalities, the homeowners, and the real estate special interests.

Sadly, in their effort to sell this concept to Americans, the promoters found it necessary to cast a scant eye on the constitutional protections of homeowner rights. This intentional disregard in the presentation, explanation, selling and mass merchandising of this new order of society — communal living under authoritarian HOA regimes — amounts to a con on Americans. The emergence and quiet acceptance of this innovation in housing — as ULI and Community Associations Institute proudly announced in the subtitle of Community Associations, a book that they partially funded in 2000 — was accomplished with subterfuge and a disregard for the values and beliefs in the democratic institutions upon which this country was founded.

Read the complete report paper on TB#50.