Tag: Congress

CAI response to HOA COVID-19 payments

The following is the form letter CAI HQ is urging everyone to send to Congress to oppose a federal bill granting exclusions for HOA assessments.  HOAs “uber alles.”
“I am writing to strongly oppose legislation like H.R. 6423 and S. 3565 that impose a national moratorium on debt collection during the COVID-19 national emergency.
This legislation is too broad and will harm the financial interests of households in homeowners associations, condominium associations, and housing cooperatives (collectively, community associations).
. . . .
“When one homeowner is unable to pay assessments, these costs are passed to other homeowners in the community. This increases housing costs, spreading financial distress to other community households. [Part of the HOA contract is the implication of a joint and severable liability by the homeonwers. Didn’t you know this???]
“Community associations are working with homeowners suffering from the economic impact of the COVID-19 national emergency. A recent survey by Community Associations Institute indicated a 20 percent increase in requests for forbearance or payment plans by homeowners who are unable to pay assessments. Beyond this goodwill, community associations are subject to state laws that require payment plans for delinquent assessments.  [Not clear whether or not HOA honored them].
CAI logo
“I ask that you oppose extreme legislation like H.R. 6423 and S. 3563. Thank you for considering my views and I look forward to your reply.”

PA congressional candidate Andy Ostrowski stands behind need for HOA reforms

Andy Ostrowski wrote on Facebook, Homeowner’s Associations – The Perfect Storm of Corporate Cronyism and Legislative and Judicial Abuse of Constitutional Rights evincing a strong concern for HOA reforms.

Please support Andy’s campaign so he can speak loud and clear in Congress and in Pennsylvania for others to hear.

He will be interviewed tomorrow on Shu Bartholomew’s OnTheCommons.us talk radio at 2:00 PM EDT.

Here’s glimpse of Andy’s Facebook article:

This property ownership and management system, under the guise of “freedom of contract” takes all government accountability out of the equation, and leaves millions of Americans subjected to the whims of appointed boards with sweeping powers to fine and sanction homeowners, and foreclose on homes for violations of HOA rules without adequate judicial oversight, and in accordance with full due process protections  – it is, in essence, a form of corporate autocracy, and that has no place at all in a country that was formed as a constitutional republic.

If it is an honest system, and the CAI and HOA organizations truly have the best interest of the homeowners at heart, and are not just trade groups serving the big corporate and banking interests, the simple assurance, through full and complete disclosure, and arms-length negotiation, that people are not giving away their constitutional rights for nothing is something that we should, as a society, expect at a minimum.

Read more at PA congressional candidate rejects HOA-Land

PA congressional candidate rejects HOA-Land

Congressional candidate Andy Ostrowski posts on his blog,[1]

During my run for Congress, I have met many people with many unique needs for assistance, and government action. None has been as compelling as those Americans who are involved in property ownership in Homeowners’ Associations (HOAs).

HOAs, and their Boards, serve public purposes traditionally reserved for governments, and elected officials, and this reveals one of the true hearts of the problem – there is no accountability to oaths of office to uphold and defend the constitution. People who try to sue these HOAs are told that they are not government entities, and do not have the same responsibilities and duties as do their governments. They are creatures of corporate law, and planned development acts.

This is a true civil rights issue as it involves legislatures across the country enacting laws that cut off constitutional rights, and access to courts for millions of Americans, and I will fight to give government back to the people by fighting for the rights of these individuals.

Is Andy for real? Here’s what he says on his web page[2],

The justice system is broken. Government is not operating according to the founding principle of the Consent of the Governed. It is running according to the will of the one percent – those who can pay for access.

As a lawyer . . . . My life has been devoted to defending the constitutional rights of hard working American citizens. . . . I believe in the equal treatment and equal protection of all. I believe that corporatism [polite word for fascism], cronyism, Wall Street influence, lawyers, and courts are the root causes of our political ills.

Mr. Ostrowski, after elected, should investigate the independent principalities legal scheme of HOA-Land and how it tears asunder the fundamental fabric of our democratic system of constitutional government. (See HOAs violate local home rule doctrine and are outlaw governments).

Mr. Ostrowski should demand an investigation into a widespread pattern of fraudulent conduct and misrepresentation in the selling process and its impact on the alleged, bona fide homeowner consent to be government.[3]

Mr. Ostrowski should require HUD to only support loans to HOAs and homes in HOAs provided that there are state laws that mandate the following to be included as part of the HOA declaration,

The association hereby waivers and surrenders any rights or claims it may have, and herewith unconditionally and irrevocably agrees to be bound by the US and State Constitutions, the 14th Amendment,  and laws of the State as if it were a local public government entity.[4]

Support Andy Ostrowski whether or not you live in his district (11th).  Tell him about the extent of the problems in HOAs not found in the media. Tell him!

I would like to thank Cynthia Stephens for bringing this important event to my attention.

References

[1] “Homeowners’ Associations – A Need for Congressional Action,” Andy Ostrowski for Congress.

[2] “Why I Am Running,” Andy Ostrowski for Congress 2014.

[3] See “HOA Common Sense, No. 4: Consent to be governed.”

[4] “Homeowner Association Consent to be Governed Agreement: An Act,” (model statute).

NC CAI attorney joins Enlightenment Movement

North Carolina CAI attorney Michael Hunter joins the Enlightenment Movement in his Aug. 8 column on CharlotteObserver.com, The buck stops with HOA boards, not management companies.

It is necessary to obtain the affiliations of attorneys writing media columns as we know that CAI attorneys are biased toward the objectives of the national business lobbying organization, CAI. Just as people want to know if a person is a Republican or Democrat, or a liberal or conservative, it’s important to know the affiliation of HOA columnists so the message can be properly interpreted.

That is why this article is so surprising. A CAI member attorney dealing with reality rather than in promoting the CAI “party line”! If those homeowners would only follow the rules all would be OK. In his column, Michael Hunter says it’s the boards stupid, not the management companies and not the members, who have the responsibilities, duties and liabilities. He has become part of the Enlightenment Movement, along with several California CAI member attorneys if you read their websites and newsletters.

Advocates like Jim Lane in NC are the causes of this conversion, this acceptance of reality by CAI members. He has provoked, challenged, and confronted the opposition forcing a response or continued silence. The silence tactic is not working any longer, because there are too many outlets siding with Homeowner Rights Advocates for the advocate to be portrayed as a troublemaker or a malcontent as in the past.  The public and the media are realizing that advocates have legitimate grievances that have not been adequately addressed by state legislatures.

But, stand watch advocates, CAI Central is still spewing forth it propaganda, this time to Congress, CAI now seeks to lobby Congress on HOAs. CAI Central realizes it no longer controls the playing field and must extend its propaganda in defense of the growing Enlightenment Movement in the media.

CAI now seeks to lobby Congress on HOAs

Last month  in CAI Reacts[i] I warned about CAI’s long lobbying reach to sway the opinions of state legislators, but now CAI is seeking to sway Congressmen.  CAI is now in a campaign[ii] to influence Congress with its propaganda that HOAs provide an overwhelming public service, are highly supported by HOA members, and are preferred by the public. “Community associations are governed by neighbors and are often misunderstood.”[iii]  If there are no opposing voices, so will Congress be swayed and with join state legislatures in supporting pro-HOA legislation.

In CAI Reacts I wrote about the effects on state legislatures, which is applicable to Congress:

This tactic by CAI has ominous consequences for HOA reforms in every state! It becomes extremely important that advocates and homeowners in every state seeking redress of HOA problems form an advocacy group to inform the public, the media and their legislators of their views. As I have long argued, advocates must, even more so now, confront, challenge and expose CAI propaganda. They must also advance quality reform legislation.

The latest attempt to influence elected officials comes in the form of urging its members to write their Congressmen to support CAI’s FEMA position, which contains a wealth of pro-HOA propaganda from its biased surveys.[iv]  Here are some of the points provided to guide members in their meeting with a Congressman:

Associations ensure that the collective rights and interests of homeowners are respected and preserved. Association leaders seek an effective balance between the preferences of individual residents and the collective rights of all homeowners.  [Do you think that your Congressman would catch the distinction between “collective rights” as in socialism and “individual rights” as in a true democracy?]

 Association homeowners choose where to live and accept a contractual and ethical responsibility to abide by established policies and to meet their financial obligations to the association. [Nothing is said about “free choice” or an adhesion contract with implied and absent waivers of constitutional protections].

Association homeowners have the right to elect their community leaders and to use the democratic process to determine the policies that will protect their investments. [Nothing is said about the appearance and illusion of democratic election procedures and the absence of clean elections protections.]

 Without an organized and strident national voice in opposition, be prepared for a rewrite of “This is America: The New America of HOA-Land.”  Many of my Commentaries can be used to refute CAI’s propaganda. Use them!  For example, earlier this year I wrote here and as a comment on Privatopia Papers,[v]

 

It’s time to bring unity to this country and end subdivision governance by HOAs that create independent principalities. The planned community development can remain under a democratic form of government subject to the Constitution. And that must come from Washington. It can start with hearings to air those constitutional issues that have been avoided by every state and court for far too many years.[vi]

 

References