FOR IMMEDIATE RELEASE Contact: George K. Staropoli, 602-228-2891
The battle for HOA Constitutional Government
Surprise, AZ – February 1, 2024 — For over 60 years, since 1964, the controversial issue as to the validity and constitutionality of Homeowners associations (HOAs, PUDs, POAs, condos) has been ignored by state legislatures, attorney generals, the judiciary, and the media.
In order to set the record straight and to educate and reorient the policy makers, the constitutionality of HOAs is raised in the collective writings of long time HOA reform activist and nonlawyer, George K. Staropoli. In his January 9, 2024 published HOA Constitutional Government: the continuing battle, he has presented 56 of his 1,300 social media posts over his 24 years as a reform activist.
These posts – as originally written and not as legal advice or opinion — contain his views based on documented legislation, case histories, statements and various releases by the parties including the lobbyist entity, in their own words.
The case is made that 1) the HOA declaration of CC&Rs is ab initio unconstitutional and invalid; 2) the CC&Rs are a devise to escape the application of constitutional protections; 3) HOAs are permitted to do things municipal governments are not allowed; 4) there is no genuine, valid support for “agreed to be bound” under the application of equitable servitudes constructive notice doctrine; and 5) the judiciary has failed to educate judges and law students on laws and principles affecting the HOA legal scheme.
It is argued that this irresponsible state of affairs is primarily the result of the dominance and influence on the policy makers by the national HOA lobbying trade group. All the state HOA “Acts” and laws constitute “new law,” and the HOA legal scheme has been treated as sui generis; mixing laws of the land with new meanings and definitions to sell the HOA legal scheme to all Americans.
These Acts are nothing more than parallel laws to the Constitution, and superseding the Constitution in many court decisions. In a selected entry Staropoli quotes CAI’s brief to the NJ court in 2006:
“In the context of community associations, the unwise extension of constitutional rights to the use of private property by members . . . raises the likelihood that judicial intervention will become the norm.”
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Get HOA Constitutional Government – amazon.com
HOA Constitutional website: http://pvtgov.info. Staropoli has had his per se AZ Supreme Court amicus briefs challenging HOA constitutionality accepted by the court.
HOA Constitutional Government 