Tag: democracy

Call for HOA action: “Occupy Wall Street” vs. Occupy the Legislature

“Occupy Wall Street”! What a way to get attention! How about an “Occupy the Legislature” demonstration against unjust and unfair HOA foreclosures with their intimidation, threats, and cruel and unusual punishment? In every state — especially Florida, Nevada, Arizona, Texas and California.

The pro-HOA supporters’ reason for the need for foreclosure rights can be found in the defective HOA legal scheme that is similar to a partnership. In partnerships there are a limited number of financial supporters, the owners, who are jointly and severally responsible for all the HOA debts — those with the money pay for those without the money. A legality. And like a privately held small business, the financial base is relatively small and limited to the homeowners who have very little practical means to escape their obligations by leaving the HOA.

Those who feel that foreclosure is needed need to ask themselves, Does the means justify the end? An “I don’t care” response is unacceptable, and legitimizes the authoritarian HOA government. Foreclosure is a special law for a special group that violates state constitutions — the equal protection of the laws, special laws for private organizations, and “color of law” constitutional violations. No state has declared its intent or purpose for the statutes – they wouldn’t dare – that justifies a legitimate government interest that can withstand judicial review of the statute. And that review is a strict review that looks to a necessary and compelling reason to deprive citizens of their rights.

And remember, there is that huge cloud hanging over the genuine and freely given, after full knowledge of all the material facts, consent to the CC&Rs. CC&Rs, a real estate doctrine based on equitable servitudes and not constitutional law, do not legally require an explicit signature or explicit surrender or waiver of constitutional rights, or for a bona fide consent to be governed by the de facto HOA political government.

Homeowners must let go of their irrational fears that the HOA would be shut down. They must stop their blind adherence to the CAI chant of “no government intervention” that really is a belief that HOA governments, unaccountable to the Constitution and state governments, are far better than public government with its police powers to protect citizens from abuse by other citizens.

An Occupy the Legislature movement is a grass roots, ground level action. It must come from local homeowners organized under local leadership, behind a fixed purpose. And right now, “Stop HOA foreclosures” is a very appropriate mission.

See HOA foreclosures:  will the real CAI stand up

You can vote in China, and in your HOA

In addition to my oft repeated “you can vote in China, and in your HOA” to illustrate that  democracy is not measured solely by the right to vote, here’s another similarity:

“In China, we hold the welfare of the state above the rights of
the individual”   (from the movie, Red Corner, 1997),

which is another of my favorite observations about the New America of HOA-Land.

But most people don’t care about democracy.  Until they fall from power or face the anger of the political machines that run their beloved HOA.

Truth In HOAs Poll update: 9% would surrender their rights to HOA

Aug. 15, 2011 results

The initial response after 1 day to my Truth In HOAs Poll of July 12th was a 98% vote of NO, they could not agree to the Disclosure Agreement. Only 1 YES vote was recorded. Understanding that this may reflect an anti-HOA audience, I allowed the Poll to remain open this past month (and will remain open) to record any change in attitude by the respondents, noting that pro-HOA polls sponsored by CAI and RIM have recorded a 70% “satisfied with their HOA” response.

The Truth In HOAs internet poll is freely available to all on the internet by simply visiting my Commentaries blog, and as notified by my numerous email list posts, my responses to homeowner inquiries, and links provided in my comments to many online media articles. It s not a telephone calling from a pre-selected list.

Within 2 weeks the YES votes for both categories dropped somewhat to 95% with a split between “YES, I would sign” regardless and “YES, I would sign, but I want property value protections.” Today, a month later with a small increment in respondents, the YES responses come to 9% and the NO response to 91%. The split in YES votes shows an small widening with the unconditional YES dominating.

It’s hard to believe that there are some people who have no concern for their rights. This 9% represents “hard-liners or “true believers.” The results are unmistakably clear as homeowner rights advocates have been shouting for years – the support for a valid consent to be governed by the courts and state legislatures is based on a false and misguided view of the authoritarian, private government HOA regimes that are unaccountable to the legitimate and legal constitutional public government.

The HOA supporters, including CAI, do not have clean hands! It’s well beyond time to stop this mockery of the Constitution and mockery that HOAs represent the true voice of the people. And, the state legislatures well know that there are existing statutes that permit “private communities” to exist yet be accountable to Constitutional public government as a state entity, and retain the perceived benefits of restricted amenities, “ordinances,” community “taxes,” etc. (See a Proposal for the Muni-zation of HOAs).

I invite any and all online media, and those public interest organizations who fight for individual rights, to duplicate this poll for their viewers. Let’s get to the whole truth by publishing this poll, or stop telling your viewers that you tell the truth!!!

It should be noted that another marked rebuttal to these “satisfied” polls was a recent Phoenix CBS affiliate, KPHO, poll on whether or not an HOA Syndrome – a PTSD resulting from living in an HOA, diagnosed by Dr. Gary Solomon – was real. The KPHO internet poll results showed a 69% response that the HOA Syndrome was alive in HOAs. (See HOA Syndrome survey: YES, it exists!).

Please freely distribute this commentary/email to interested parties and your local media.

Constitutional intents and purposes: HOAs vs. America

The Preamble to the US Constitution contains the intentions, purposes, and guiding principles of the Constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence [sic], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The constitutions, commonly known as the CC&Rs or Declaration, of the HOA private government regimes, while not standardized, contain the following intents and purposes:

 

  • All contain: To maintain property values
  • Most contain: to enforce the provisions of the CC&Rs (more commonly found in the powers of the HOA or Board of Directors)
  • Some contain: to promote the general welfare and well-being of the community
  • A few even contain: subject to the US Constitution, which is meaningless, as is currently held, the Constitution does not apply to privately contracted governments

 

Since the CC&Rs, the HOA constitution, is held to be contractually binding, sight unseen, we must apply the common meaning of the explicit, written words and avoid applying meanings and intents not explicitly set forth. If there are some vagueness to the meanings of the explicit wordings, then the intent of the drafters of the CC&Rs are investigated in order to obtain some guidance in the intended meanings of these vague wordings. This is the standard judicial procedure for interpreting contracts.

 

It is plainly obvious from the above that the HOA constitutions are lacking in several relevant objectives of substance: establish justice, insure domestic tranquility, and secure the blessings of liberty. Legally, one cannot apply political and governmental intentions that are no where implied in any manner whatsoever, such as these silent objectives.

In other words, there is no legal obligation on HOA boards to be just, to insure domestic tranquility, or to allow for the exercise of your liberties. To demand these non-HOA rights and freedoms carries no weight in the courts, unless, as a result of specific legislation or a court holding, a specific right is restored to homeowners in HOAs. This is the intent of substantive reform legislation — removing second-class citizenship.

 

It is also plainly obvious from the nature of reform legislation, lawsuits, and the public statements and positions of the pro-HOA supporters that the HOA board is not concerned “to insure domestic tranquility,” or “to promote the general welfare,” or to “secure the blessings of liberty.” They are not legally bound to do so, nor can constitutional governments demand such concerns without declaring the HOA regime a state entity subject to the 14th Amendment as required for all government entities.

 

And, as long as the courts and state legislatures stand behind the myth of a valid waiver or surrender of your rights, especially those not implied, or a reasonably expected waiver, or those not even remotely found in the HOA constitutions, good people in HOAs are governed by the independent HOA principality.

 

This is the current state of affairs in America today.  Only the voice of the people, your voice, can bring about change.

HOA Kindle books

I have compressed and summarized my research on HOA constitutional  issues over ten years and have produced several Kindle books for a comprehensive understanding of the issues.  The historical basis for the current version of utopian societies begins with a review of The Homes Association Handbook of 1964, and the history of Community Associations Institute.

I’ve tried to bridge the gap between the writings of the academic,  political scientists and the people, and present and clarify the constitutional issues facing the curent HOA hegal scheme.

The following Kindle ebooks are available for downloading

2.

The Foundations of Homeonwers Associations and the New
America REVISED by George K. Staropoli (Kindle Edition – Oct 14,
2009) – Kindle eBook

Buy: $5.95
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3.

Establishing the New America: independent HOA
principalities by George K. Staropoli (Kindle Edition – Jul 17,
2008) – Kindle eBook

Buy: $15.95
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4.

Understanding the New America of HOA-Lands by George Staropoli (Kindle Edition – Sep 24, 2010) – Kindle eBook

Buy: $8.95
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