Two distinct levels for HOA legislation

I have classified two levels of HOA reform legislation that are needed to bring justice to homeowners: systemic and operational.

By “systemic” I mean inherent in the structure and legal model of HOA governance, which involves constitutional issues concerning the validity of the declarations and the pro-HOA state laws.  The controversy focuses on the defenses of the HOA legal scheme, such as, private contract interference and “agreement to be bound.”  The contractual defense denies the application of the Constitution and the surrender and waiver of any rights that members claim to be denied.  The agreement defense says the private contract was validity and legally agreed to by the home buyer, even though contract law 101 is usurped by the equitable servitudes doctrine.

By “operational” I am referring to the management and operation of the day-to-day HOA that is regulated by existing pro-HOA laws and the adhesion CC&Rs.  Reforms at this level are, for the most part, attempts to restore rights and privileges denied by the constitutional defenses mention in the above paragraph. This defense focuses on the law is the law and any concerns for fair, just and equitable treatment are not addressed in any of the states or governing documents, and therefor are irrelevant.

The purposes and aims in the Declaration have no bearing on the purposes and aims found in the Preamble to the Constitution.

It should be obvious that the operational reforms are limited by the existing failure to achieve constitutional reforms.  Addressing the broader constitutional issues will greatly help the operational problems that concern most homeowners.

last day for HOA-Land Nation promo.

Absolutely every person even thinking about moving into a Homeowners Association should read the latest work by homeowners rights activist and author George Staropoli. . . . With a quarter of American homeowners now living under HOA governance, more and more stories of HOA abuse surface each day. Five stars for this one. Protect yourself by reading it before you make the ‘HOA decision!’ 

(Excerpt of  review by Ward Lucas on Amazon).

Excerpt from Nation Preface:

 There is a puzzling attitude or view regarding HOAs that has existed for  over 20 years.  It can only be explained as an unspoken alliance that has reached the level of a religious fervor. Even if a person has a limited understanding of the law, this silence defies common sense. This alliance seems to bind all participants to:  Thou shalt not speak evil of the HOA.  

“This white paper puts an end to the silence!”

Get your Kindle version today at https://www.amazon.com/dp/B07R6XC1YT

the “ends justify the means” for HOA-Land

It comes as no surprise that the vast majority of persons living in an HOA approve and love their HOA, finding only minor problems with the board of directors or HOA managers. The annual “satisfaction” surveys produced by the pro-HOA trade group, CAI, reflect this positive attitude. There is no denying that the HOA subdivision appeals to the desires and wants of home buyers and bring many benefits.

However, as this whitepaper addresses, the means to this end are highly suspect and harmful to our democratic system of government.

Find out how HOAs are detrimental to democratic institutions and why there is no genuine justification for permitting private government HOAs to exist as outlaw governments.  Except, to support the money interests of the promotors — all addressed in the Nation.

Get the Kindle version of The HOA-Land Nation Within America now during this promo.

HOA-Land Nation Kindle version now available

For those of us who are aware of the defects in the HOA legal scheme, the goings-on  with AG Barr is nothing new. He’s acting as if he were an HOA attorney defending the “boss” and to hell with law and order and constitutional safeguards.  America is on the slippery-slope to the rule of man, like with HOAs, and disorder.

I’ve released today a Kindle version of my white paper, “The HOA-Land Nation Within America.”  You will need to download the free Kindle app for PC, tablets or cell phones if  you don’t have access to Kindle eBooks. Available as a special promotion thru Saturday, May 4.  It’s an eye-opener.

A paperback version is planned for June and will be available from Amazon like any other book.

Amazon reports that

#1 New Release in Housing & Urban Development Law

 

Price New from Used from

 

Kindle, April 30, 2019 $0.00 — —

Check it out at https://www.amazon.com/dp/B07R6XC1YT

Below is the map from the Nation showing the distribution of HOAs across America. The “percent” applies to the same color representations.

US HOA map

“HOA-Land Nation” book announcement

A very important publication, “The HOA-Land Nation Within America” is on its way.  It will be a white paper addressing HOAs from a constitutionality point of view. You know, those arguments that nobody wants to hear, especially CAI and its stalwarts, but are a very valid reflection of reality. Moving along rather rapidly, the ebook version on Amazon should be available next week.  A paperback version will follow by the end of May.

It will be a somewhat legalese publication discussing the law, court cases, and legislative developments that attempts to explain the legalities of HOA-Land.  It provides a comprehensive picture of HOAs in America and breaks the silence of

“Thou shalt not speak evil of an HOA.”

See pre-release here.