HOA reform advocates: the enemy is us

Let me start by saying that I have the utmost respect to the handful of persons, advocates, who have actively supported HOA reforms of substance over the years, and have had some success.  To all others I say, the enemy is us.

I well understand the reasons and justifications of people refusing to get actively involved. Personally, talking over the phone and through emails, that most do not have the temperament, want someone to solve their own personal issue with an attempt to expand it nationally, fear retaliation, fear legal issues and the government, and just don’t care about government issues in general.

The numerous social media reform groups, some old but most are new less than 3 years, have not only failed but have  resisted the establishment of a unified,  bona fide and legitimate, national entity; argued as far back by Evan McKenzie when interviewed by Shu Bartholomew, to the best of my recall, sometime before 2004. Today, I must regrettably say some groups make this claim, but they are in name only.

And so, the many Davids believe that they can defeat the mighty Goliath of CAI. The newbie leaders who rise from time to time and disappear a few years later, start by believing that CAI acts in good faith and they can work things out for the protection of homeowner rights. They quickly discover that they have been had, been played with, and realize they are helpless to withstand the entrenched CAI. Today, many who are beginning to be actively involved realize the dominance of CAI over their legislature.

Watch AZ CAI lobbyist at work, 2010, before committee dodge questions, make false statements, and avoid hard questions. Who Controls public streets? HOA or municipality? Part 2 of 3 (youtube.com). (Early quality video).

As the adage goes, as a figural demonstration of one’s commitment to reforms, “put your money where your mouth is.” However, in reality, I have asked people to buy my book, HOA Constitutional Government, as a demonstration of national commitment on a national website, Amazon, but have received token response.

In my announcement I  clearly stated, and still abide by it, that if there were such a legitimate national reform group I would assign all my royalties to that organization.  $15.00 is a trivial show of commitment but will be effective for recognition of national support. BUY NOW! Amazon books.

Taking a positive perspective, I noticed over the past few years a growing trend toward legislation and court decisions in several states affirming constitutional and fundamental rights of HOA members. That’s a good sign that advocate messages and communications are having an effect. 

Now is the time to strike while the iron is hot! Get unified, get organized, get focused, and stop the HOA social media reform groups’ fragmentation of me first, NIMBY policy.

Collected Writings — holding the judiciary accountable

In my BJR Con Job paper I end with  the failure of judges to be fully educated with respect to HOA-Land, but also the failure of  law schools to fully educate graduating students in regard to the HOA legal scheme.  Homeowners in court quickly find out how ignorant are the courts and lawyers with regard to HOAs. The chief reason is the dominance of the “CAI School of HOA Governance”[1] —  the CAI Ministry of Public Enlightenment and Propaganda.

It is important then that we address this state of affairs by educating the judges, the law school administrators, and the graduating law students. One way is to present a consolidated picture of the failures of the courts to uphold the Constitution as I have attempted with my HOA Constitutional Government: the continuing battle. (See ACT NOW below).

What has this to do with legislative reforms, you may ask.  There is an interplay between the legislature and the judicial system — separation of powers — whereby it is up to the courts to uphold and defend the Constitution from violations. As we know,  unfortunately, the courts have accepted and supported unjust HOA legislation!

 I can only recall one comprehensive attempt to accomplish this task by reporter Judy Thomas of the KC Star (August 2016, not currently available to the public without signup) with her extensive coverage of HOA board of directors conduct.[2]

* * * *

CALL TO ACTION

The protection of the rights of free citizens depends upon the existence of an independent and competent judiciary.” 

First read the book, if only the Amazon description, book Preface, and selected issues of your choosing. Then send a Kindle or paperback copy to your state legislative leaders, the clerk of your state supreme court and any related education of judges division.

(Example from the AZ Supreme Court Education Div.)

Also include the deans of the law schools and persons in charge of programs (like a course in HOA related laws), and The Federalist Society whose mission is to educate law students by exposure to real cases, laws, and issues.

Purchasing the book alone will demonstrate to the above persons our commitment and concerns regarding the longstanding failure of the judicial system to support “equal justice under the law.” Sending copies will provide the documented framework, the evidence on record, containing the acts and views of judges in their own words.

ACT NOW! 

You can buy the 145-page book on Amazon:

Kindle (eBook) version    $ 9.95;     Paperback version:      $15.95

References


[1] The foundation and principles of the School can be traced back to CAI’s Public Policies, The CAI Manifesto (its 2016 “white paper”), its numerous seminars and conferences, its Factbooks and surveys, its amicus briefs to the courts, and its advisories, letters, emails, newsletters, blogs etc. I have designated these foundations and principles collectively as the CAI School of HOA Governance.

[2] See in general, “KC Star: problem with HOA? Don’t go to CAI”.

standing up for HOA reform legislation

The publication on Amazon of my paperback Collected Writings (for Kindle version) is the latest in my long-term plan and strategy to achieve HOA reforms across the country. An opportunity exists for seriously motivated owners and advocates to come to the aid of the HOA reform movement on a national scale, and call attention to the invalid HOA legal scheme.

It’s simple: put your $$$$ where your mouth is.  By purchasing Collected Writings on a national scale on a leading international website, Amazon, our outcry for reforms can no longer be denied. You can purchase for others, or for a group of others. Amazon will not permit price discounts for these books.

An unworkable alternative at this time would be to set side a percentage of the profits into a nonprofit account to be used to support statewide lobbying of selected reform bills. But this would require substantial purchasers/donators in the order of 10,000 or more.

For those who do purchase these important issues, all presented in one collection, you can write and submit an Amazon review —  no charge.

Of course, there will be a few who will claim  that he’s just looking to make some money. Over my 22+ years  I have received minuscule payments after spending some $10,000 of my own funds.

Is CAI a coercive monopoly? Definitely YES!

Consider the FTC’s lawsuit that Amazon is a coercive monopoly.

The US government and 17 states are suing Amazon in a landmark monopoly case reflecting years of allegations that the e-commerce giant abused its economic dominance and harmed fair competition. Because of Amazon’s dominance in e-commerce, sellers have little option but to accept Amazon’s terms, the FTC alleges.

Amazon is “squarely focused on preventing anyone else from gaining that same critical mass of customers,” FTC Chair Lina Khan told reporters Tuesday. 

In a release, Khan accused Amazon of using “punitive and coercive tactics” to preserve an illegal monopoly. “Amazon is now exploiting its monopoly power to enrich itself . . .  Today’s lawsuit seeks to hold Amazon to account for these monopolistic practices and restore the lost promise of free and fair competition.”

These charges of monopoly and coercive tactics can be applied to the Community Associations Institute’s (CAI) long pattern of conduct with respect to the domination of the homeowners associations industry. In my 40-page complaint to the DOJ in January 2023 I laid out the case that CAI must have its conduct curtailed in the interest of free competition in Housing and in educational services used to maintain its monopoly.

 My recommendations to regulate CAI’s activities to allow for the voice of others to be heard, especially from owners of HOA homes who suffer under the monopoly, as included in my complaint, are listed here:  The need to regulate CAI monopoly.

“A. Regulations on CAI’s monopolistic activities

“B. Regulations on HOA activities in support of CAI monopoly”

What is needed now?  Support my anti-trust complaint against CAI!

Homeowner rights advocate Staropoli: Recommended Author

Amazon books/eBooks has a category “Recommended Authors For You.” While in my Amazon Prime page, it appeared on-and-off when I viewed an author in the constitutional law category (Oct. 30, 2020).  I am proud to say that my years of hard work has paid off this month with Amazon recognizing that I’m an author of note in this category.  Apparently it selectively appears depending on your interest history.

I met Randy E. Barnett, the top-right author, and have an autographed copy of his book, Restoring the Lost Constitution. I also appeared on his Amazon author web page (Amazon randomly selects qualified authors for recommendations).