Tag: bill of rights

Constitutional weakness as applied to HOA-Land

Yes, I admit the Constitution based on democratic principles and values  is not perfect. It is not an end-state but a practice. Democracy requires an active and informed electorate especially when applied to HOAs.  And so, the will of the people —  the voice of the people — in practicality is measured and expressed by majority vote. A “majority”  implies the existence of factions, of people with differing views and attitudes.

The Founding Fathers had to address the issue of the will of the majority trampling on the rights of the minority.  Since democratic principles require all the people to be  treated equally, how do you deal with factions within the  community?  John Adams, in The Federalist Papers #10 and #51, attempts to resolve this weakness.

Madison defines a faction as “a number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens.” Like we see in HOA-Land, most predominately it’s a small minority in control because of member apathy; or the acquiescence of a majority of  members who believe the BOD can do no wrong.

Madison’s best answer is for democracy to function in a larger group or society where we can expect to have several factions vying and contending with each other for dominance, making it more difficult, but not eliminating, for a majority clique to dominate. (I am sure the Fathers  are rolling over in their graves due to the Trump Era politics). As reality has revealed over the years, it’s wishful thinking in HOA-Land.

The existence of a well-informed, knowledgeable, and involved citizenry is necessary for a healthy democratic society or community. That’s why free speech and the freedom of the press was made the first amendment to the Bill of Rights.  That is why public education is mandated by having states provide public schooling within the state. It doesn’t exist in fat, dumb, and stupid HOA-Land, unless provided by CAI’s “political correctness” education.

Amazon Reviews of Collected Writings

One small step for CK, one giant leap for Americans in HOAs

by supporting HOA reforms with an   AMAZON Customer Review

CK — 5.0 out of 5 stars For every American, the essential book on understanding homeownership in private communities.  Reviewed in the United States on February 15, 2024

“I’ve known of and been a follower of Mr. Staropoli’s writings for many many years. What a gift this book is to Americans who seek knowledge, truth, transparency and clarity!”

Back cover HOA Constitutional Government

Please consider submitting a review on Amazon as  short as the above, or more detailed as you would like to say. In your own words. If you read the book, great! If not, please read the Description on Amazon and view the Preface sample selection to help your thoughts.

If you decide to submit, include your credentials – social media group or webpage — to promote your  advocacy nationwide on Amazon along with others.

Landmark FL HOA law imposes criminal conduct

FL Session Law, Ch. 229 (2023), “Homeowners’ Associations  Bill of Rights,” adds the following section imposing misdemeanor charges against certain violations for fraudulent elections.

FL § 720.3065. “Fraudulent voting activities relating to association elections; penalties.—Each of the following acts is a fraudulent voting activity relating to association elections and constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083”

This is a landmark bill that imposes criminal penalties on the conduct of the HOA and all persons involved in fraudulent HOA elections.  Recent court decisions have held the private government HOAs are public entities with respect issues concerning the governance of the HOA.

Criticism of the board’s conduct is subject to the constitutional protections of free speech. The Nevada Supreme Court opinion in Kosor ((Kosor v. Olympia Companies, NV No, 75669 (Dec. 31, 2020))  held that HOAs are public forums and referenced several California opinions serving as legal precedent.

 “[A] unit owner’s association or a planned community association (association) may not prohibit a unit owner or member (member) from peacefully assembling and using private or common elements of the community . . . legitimate and valid criticisms of your HOA and its president and board are protected from HOA lawsuits of defamation and libel.”

I find it incredible that there are homeowner rights advocates who find it difficult to see how challenges of constitutionality apply to private government HOAs. The 14th Amendment, Section 1, in part, “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”

HOA Advocates must bring the people out of the cave into the light

My Plato’s cave analogy:

“The policy makers, the public and the homeowners must understand that they have been living in a “cave” created by the promotion and mass merchandising of the HOA legal scheme,[1] eagerly accepted in exchange for empty promises of maintaining property values.  As prisoners within the cave, HOA members can only see the shadows of reality cast by the false light of the special interest propaganda.  Those who have escaped the cave and who have gone into “the light” of reality become enlightened.”[2] 

 It’s appropriate to restate a few of my views from my 2021 Commentary, “HOA Reformers needed to educate.”

“HOA Reformers are needed as educators to spread the facts about HOA-Land to the public in general; especially to the legislators, the media, the HOA boards, and to the universities and high schools. . . . The Plan[3] first requires addressing the attitudes and views of BODs, the members, and the public in general.  The conditioning and indoctrination by the biased views of the national pro-HOA special interest entity must be de-conditioned by a program of reorientation.”  

This past Monday I contacted The Federalist Society[4] seeking its assistance to spread the word by opening up debates and discourse through its member attorneys, and  law schools and their student chapters across the country.  It also publishes a law journal that is distributed to all members, The Harvard Journal of Law and Public Policy. I asked,

“Whereas,  I humbly ask The Federalist Society to abide by its mission and purpose and enact programs to address this representative sample of first impression questions, and arrive at the truth of the matter. As of today, to paraphrase Don Quixote’s reply (in Man of La Mancha) when presented with the Inquisition’s facts, ‘CAI facts are the enemy of truth.‘”

Today I was contacted by the Bill of Rights Institute[5]whose “mission is to equip students and teachers to live the ideals of a free and just society, and we have been engaged in this important work since 1999.”  BRI extends the re-educational process to secondary school students and teachers. It, too, is silent on HOA injustices. You can help them see the light.

Once again, in a show of unity, I ask for support in pursuing this invaluable vehicle for getting our  message out.  It must be understood that these groups are interested in substantive constitutional issues that apply across the states, which may require federal regulation to replace the private CAI control of the industry. 

Only our proactive involvement will stop the See no evil, hear no evil, speak no evil about HOA-Land.

Figure 1 See no evil, hear no evil, speak no evil about HOA-Land

NOTES

[1] See TB#50: The Mass Merchandising of HOAs by ULI and Mass Selling of HOAs Required Authoritarian Governance.  

[2] Excerpt from HOA Common Sense, No. 2: The new Enlightenment Age. See Plato’s allegory of the cave in Book VII, The Republic.  For a summary and a simplification of the allegory, see the YouTube video at http://youtu.be/sAu-CNSh9F0.

[3] See A Plan Toward Restructuring the HOA Model of Governance.

[4] The Federalist Society.

[5] BRI is a non-profit organization that designs and delivers unbiased, fact-based civics and history curricula, classroom-ready resources, and educational programs for teachers and students across America. See Bill of Rights Institute.

HB 919, the FL Bill of Rights for homeowners

On Friday, Miami-Dade State Attorney Katherine Fernandez Rundle joined Miami-Dade County Mayor Daniella Levine Cava and State Representative Juan Carlos Porras to announce a measure that would protect condo owners of abusive HOA board members.   (See Proposed new bill would protect HOA homeowners – CBS Miami (cbsnews.com)

The bill, HB919, will be The Community Associations Bill of  Rights for Florida.  It is a necessary 60 page omnibus bill since over the years so much has been denied homeowners far too long.  The numerous protections being added include:

  1. Restrictions on use of reserve funds;
  2. The appointment and duties of the association recordkeeper;
  3. The types of records to be maintained;
  4. Director conflict of interests;
  5. Provisions against SLAPP suits and forwarding by the FL Division of Condos of suspected criminal activity the law enforcement agencies;
  6. Director obligations to act in good faith and act as a prudent person would in the best interests of the association;
  7. Officer –  Director qualifications.

And much more.

Floridians have no choice if they truly seek reforms but to actively support this bill, HB 919,  and its sponsors: State Attorney Rundle, Mayor Cava, and Representative Porras.