Trump, a role model for HOA presidents

El Presidente is a role model, in my view, for rogue HOA presidents who seem to also believe as El Presidente spoke in yesterday’s Cabinet meeting.

“’It’s so illegitimate. This cannot be the way our great founders meant this to be,’ Trump said. ‘It’s a very bad thing what they’re doing, the president of the United States should be allowed to run the country, not have to focus on this kind of crap while, at the same time, doing a great job . . . and all of the other things that we’re doing.’”

[Editor’s note: “crap” as used herein relates to restraints and restrictions on the conduct and activities of the President as set forth in the Constitution and Federal laws. Just as rogue HOA presidents are subject to and intentionally ignore or dismiss the law of the land and the governing documents.]

L A Times, Politics, Oct. 21, 2019

TRump rule

In-your-face Florida HOA reform Champion Julio Robaina.

 

I’m glad to see former Florida Rep. Julio Robaina becoming active again and appearing on OntheCommons.us with Shu Bartholomew on Oct. 12.

Back in February 2008, at the invitation of Julio, I testified at his Tampa, FL HOA hearing and produced several video clips of the all-day hearing. See this true HOA Reform champion’s in-your-face investigation into HOA wrong-doing.  Visit HOAGOV Videos on Youtube.

Robaina 2008

Home rule doctrine vs. HOA governments

I find it disturbing that under our federal form of government — national government and state governments – the states have permitted home rule statutes, which stand in contradiction to our federalism under the Constitution. In essence, home rule statutes give local governments extraordinary powers to regulate and control the people within their territory. In my mind, it creates a condition of who’s in control and what entity governs certain events and conditions.

What is home rule? In simple terms, it is a grant of authority and power from the legislature to local communities. Only 10 states allow ‘pure’ home rule statutes that do not required legislative authority beyond granting home rule status. The prevalent version is guided by Dillon’s Rule: It states, “that local governments get their authority, and no other authority, from the legislature enacting general laws and not special laws, much like an executive branch agency.”  However, home rule allows for restricted freedoms: “Most states grant a portion of their governing power . . . to establish laws, levy taxes, and administer government on a local level . . . without obtaining legislative approval.””[1]

Given this existing legal mechanism for strong local control, why didn’t the HOA “bible”[2] use this legal doctrine and choose authoritarian private governments? Governments that are essentially outlaw governments since they exist outside the US Constitution. It would be meaningless to argue that outlaw governments are permitted by the Constitution,. Why then is there the need for the Constitution? (A controversary today at the national level).

Keep in mind, this acceptance of home rule doctrine offers a justification for the freedom and independence of HOA governments, except that home rule governments are created by grants of the state legislature and are subject to the constraints and restrictions – local rule only. State legislatures have created this shameful and irresponsible violation of the Constitution and must be made to fix it!

This argument must be advanced in no uncertain terms when seeking all and every HOA reform legislation – the legislature must return HOA governments to the Union of states known as the US of A. In doing so, the special laws for special entities, violating the equal protection of the law, and the mockery of due process (HOA hearings covenants) be replaced with a fair and just due process to protect the members of the HOA.

Let’s put an end to what rights have been denied the membership and what rights are enforceable. All Americans would be subject to the same laws unless the state can justify, which it hasn’t, the need for these constraints on the rights of HOA members.

References

[1] See   Anthony C. Nicholas, “A Discussion of Home Rule in Nevada,” February 18, 2010 referenced in HOAs violate local home rule doctrine and are outlaw governments, George K. Staropoli, (2014).

[2] See in general,The Homes Association Handbook (1964): Guide for Creating HOAs (2007) and Analysis of The Homes Association Handbook (2006), George K. Staropoli.

CA SB 323 veto time is over on Oct 13.

In March 2019 I commented, “California’s SB 323 must be made law not only in California, but in all the states as well!” (CA SB323 a model on fair elections for all states). I congratulate Sen. Bob Wieckowski for championing this needed bill, and Marjorie Murray and her pro-active CCHAL organization that I believe played an important role in passing this substantive HOA reform bill, SB 323.

Fair and just HOA elections is one of my 6 substantive reforms for a truly democratic HOA. (See HOA Common Sense, Democratic elections, No. 5.)

For more info on what CAI is not informing the public and homebuyer, read The HOA-Land Nation Within America.  

 

HOA members: learn the US Constitution and your rights

My purpose is expressed in my slogan: “supporting principles of democratic government.” Your strongest weapon is the Constitution but too many do not understand it or how to use it against pro-HOA stalwarts.

An excellent source, and easy to follow, is The Heritage Foundation Guide to the Constitution. It not only contains the Constitution and its amendments, but a section by section explanation of its origination and meaning. FREE download at https://www.heritage.org/constitution/#!/.

 

In addition, The Constitutional Rights Foundation provides instruction and classes on the application and your rights. Its program is aimed at students to better understand the laws of the land, but is highly instructive as a learning tool. The following example, while geared to affirmative action, provides info on due process and the equal protection of the law — both essential for HOA reforms. Check it out: https://tinyurl.com/y55vopte.