Is it clear to all that when these associations of associations, and the national lobbying trade group, CAI, contact the government that they are not speaking for the homeowners, but a distinct class of HOA membership and as a vendor, a hired-hand? Is it clear that no membership meeting was conducted electing representative and platforms to take before the various governmental commissions and agencies? As we would expect in a truly democratic process that takes place with our public elections? Is it clear that association board members are not the representatives of the homeowners, especially when those CC&Rs do not grant the boards any such powers? To presume that these powers are “implied powers” stretches the imagination; after all, the homeowner still thinks he bought a private home, period.
Is it clear that there is a movement to adopt the undemocratic, authoritarian private constitutions as state imposed constitutions or charters, not subject to the states’ municipality laws, and being promoted as uniform association laws under the model Uniform Common Interest Ownership Act (UCIOA)? UCIOA does not require constitutional protections for these de facto territorial governments! The legislatures in the states of New Jersey, Texas, Colorado, Maryland and Nevada, just to name a few, are considering imposing what is not just a real estate issue, as the promoters would have you believe, but constitutional government and the application of the US Bill of Rights issues. Not one promoter of planned communities or homeowners associations is an authority on political science or government, but just have land planning and real estate backgrounds. And this is not just an accidental oversight, but the deliberate and planned marketing of a defective concept under the American system of government.
What is happening to America? The states must stop protecting homeowners associations and hold their boards and agents, accountable as any other form of government within the United States.
HOA Constitutional Government 