Understanding your rogue HOA president: look to The Donald

If you want to understand the mindset of a rogue HOA president, then a prime example would be the   mindset of our Donald the Trump.  The parallels are clear: disregard for the law, ignorance of the law or contractual responsibilities, arrogance, falsehoods and lies even when strong evidence to support that the statements are false, parsing sentences and redefining the traditional meaning of words and concepts (Orwell’s Newspeak), personal attacks to slander and discredit opposition speakers, and defending his actions because he is the president.

An excellent demonstration of the above can be found in  George Stephanopoulos’  ABC 20/20 interview. After viewing this 30-minute video you can safely come away with the conclusion that Trump does not see himself as head of our constitutional federal government but just as head of his new, his extended, personal fiefdom – a corporation.

It can be asked, How come this is allowed to continue?  The answer is simple: for the most part Americans are not involved in politics or governance as witnessed by the low turnout even in presidential elections. (Note that the voting percentages are based on registered voters and not on all eligible voters of voting age, which is the truer comparison with “votes of all the members” in HOA-Land). 

We are told that this failure to get involved by HOA members as apathy.  However, it reflects reality and the false assertion by CAI and others that all will be well if the members get involved.  But this is unattainable, especially when the members have been repeatedly told by CAI that the HOA is not a government, or a quasi-government, or a mini-government, but a corporation.

The “game“ is rigged! Once on the board or becoming an HOA president you are fairly immune from assault, unless a significant number of members rally to change things, which I believe only occurs in the smaller HOAs from time to time.  However, by studying what is happening with The Donald will provide  insight as how to deal with your rogue HOA and president.

 Become knowledgeable! Knowledge is power! Read The HOA-Land Nation Within America at Amazon.com.

HOA-Land and the decline in democratic institutions

The hot questions of defending the Constitution in Washington and defending constitutional protections for citizen-members of HOAs demanded a reprint of my January 2018 post: HOA-Land: the product of the decline in democratic institutions in America.

“The authors of How Democracies Die provide the “glue” that ties the American decay and decline in democratic norms and institutions to the quiet emergence and acceptance of private government HOA-Land.“

“As for homeowner advocates and others seeking HOA reform legislation, How Democracies Die makes it clear that reforming the HOA legal scheme and state laws is a social and political movement.“

See more: HOA-Land Nation publication to aid constitutionality.

 

 

HOA-Land Nation publication to aid constitutionality

The important question of HOA constitutionality has generally been avoided and given token lip serve by all interested parties: homeowners, homeowner rights advocates, state legislators, real estate departments, attorney generals, nonprofit private entities proclaiming a defense of the Constitution, and the media at large.

Even the renowned Wayne Hyatt’s[1] statement in 1976 went ignored.

“One clearly sees the association as a quasi-government entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government.   All of these functions are financed through assessments or taxes levied upon the members of the community, with powers vested in the board of directors, council of co-owners, board of managers, or other similar body clearly analogous to the governing body of a municipality.”[2]

Clearly challenging the constitutionality of the HOA model of local government and legal scheme is well beyond past due. To correct this horrific and inexcusable oversight I have published, The HOA-Land Nation Within America,[3] a white paper, an exposé of the HOA legal scheme violations of the Constitution. The eBook and paperback editions can be found on Amazon.

This task of constitutional HOA reforms may appear overwhelming and almost impossible to achieve, but constitutional HOA reforms can happen. It will take tremendous effort and perseverance, and a “never give up” mentality. David Cole passionately makes this point[4]

“If Americans now and in the coming years insist that . . . our most fundamental values, including equality, human dignity, fair process, privacy, and the rule of law, and if we organize and advocate in defense of those principles,” we will succeed in bringing about the necessary fundamental and constitutional reforms to the HOA legal scheme in existence since the HOA “bible” was released in 1964. In order to accomplish this important task, “it will take a persistent civil society, a vigilant media, brave insiders, and judges and other government officials who take seriously their responsibility to uphold the Constitution. But first and foremost, it will take an engaged citizenry.”

“The defense of liberty depends . . . on citizens engaging collectively to fight for the values they believe in. . . . The preservation of liberty through a written constitution . . . has survived . . . because ‘we the people’ have consistently taken up the charge to define, defend, and develop liberty in our own image, so that it reflects our deepest commitment , not just those of a privileged elite who do not represent us.”

It falls upon the homeowners in HOAs, as has always, to advance constitutional arguments that are valid and credible.    And that takes knowledge and understanding of the issues.  The HOA-Land Nation, and other of my publications and Commentaries, as well as those of others, provide the “ammunition” that will pass the valid and credible challenges to be expected from CAI and other lawyers, provided the arguments do not get bogged down in irrelevant arguments from the opposition.

CAI cannot handle a broad Bill of Rights challenge. Period!  I have never been challenged  by CAI because they well know that they are defending the defenseless.

Read the book, paperback or eBook, and spread the word.  Use it in those many HOA violations where state statutes support the HOA.  Work to hold seminars and conferences to openly discuss the issues raised in The HOA-Land Nation.  Expose their defense of HOAs, now!

 Notes

[1] Wayne Hyatt was a prominent figure in the promotion of HOA-Land as well as an important person in creating CAI in 1973, serving as its second president.

[2] I have extensively quoted Wayne Hyatt’s 1976 statement on HOAs as mini-governments, as cited in the 1983 California case, Cohen v. Kite Hill.

[3] I have concluded that there exists an HOA-Land Nation within America that is comprised of fragmented and local HOA governments across the country and have designated them collectively as “HOA-Land.”  The commonality of their declarations of CC&Rs, flowing from the 1964 Homes Association Handbook (ULI publication), their shared beliefs, values, traditions, and institutions qualify HOA-Land as a nation.

[4] David Cole, National Legal Director of the ACLU, Engines of Liberty, Basic Books (2016).

Why is there no Oath of Allegiance for HOAs?

I find it incomprehensible that state legislatures have not required an HOA allegiance to the Constitution.  I can understand CAI’s reluctance to even admit that its picture of a better America, a better community, is outside our constitutional system of government.  That’s plain secessionist!

Consequently, I propose an Oath of Allegiance to America mandated for all HOAs in every state of the Union.  Here’s my proposal:

An Oath of Allegiance to America

We, the Directors of the [ ] HOA, do solemnly affirm allegiance to the United States of America,

One Nation, under God, indivisible,  

 with liberty and justice for all. Continue reading Why is there no Oath of Allegiance for HOAs?