Tag: democracy

HOAs and the media: The media has failed as watchdogs of democracy

 

Tom Brokaw defines “the greatest generation” as “American citizens who came of age during the Great Depression and the Second World War and went on to build modern America.”  Among them were journalists Edward R. Murrow and Walter Cronkite. “Fellow journalists considered Murrow one of journalism’s greatest figures, noting his honesty and integrity in delivering the news.” He stood up to defend American values during the 1950s McCarthy era quest to uncover Communists in America. Murrow “criticized McCarthyism and the ‘Red Scare’, contributing if not leading to the political downfall of Senator Joseph McCarthy.”

And there was Walter Cronkite, “the most trusted man in America,” and of whom the Dean of ASU’s Cronkite School of Journalism had said, “The values that Mr. Cronkite embodies – excellence, integrity, accuracy, fairness, objectivity – we try to instill in our students each and every day.” (Walter Cronkite and ASU).

Both would be appalled by what has happened to journalism and the news media today, with their quest for profits and entertainment over reporting the facts.   The media is failing their role in a democratic society and to America. Their silence on important issues is a constraint on free speech.

The crux of our democracy is the ability of citizens to obtain honest, truthful and balanced information, and the credibility and integrity of the individual journalist and communications professional are crucial in that effort.  (Arizona State University, Cronkite School Academic Integrity Policy).

 

And no where has the media’s complicity in withholding the truth from the American people been so obvious than with respect to the homeowner associations. Its has failed to “tell it like it is.” Some 20% of Americans, and growing each year, live under a homeowner association private government regime.  Whenever some event occurs reflecting a problem with HOA governance and living, the media has treated it as a local neighborhood issue. The media has selectively ignored the messages about the substantive issues pertaining to the lack of democratic institutions and the loss of constitutional protections. And it has repeatedly ignored the sources of authoritative advocate information available on the internet, such as The Truth in HOAs disclosure.

There are parallels between the acceptance of Hitler and Nazism by the common German with the quiet acceptance of the new world order of HOAs. In regard to the “good” German people and those who could understand what was happening, they went along

In the usual sincerity that required them only to abandon one principle after another, to throw away, little by little, all that was good [and]when men who understand what is happening — the motion of history not the single events or developments — when such men do not object or protest, men who do not understand cannot be expected to.  

(They Thought They Were Free, Milton Mayer, 1955).

The media is guilty of not trying to understand and report what is happening.  And there is no excuse for its policy of “No Negatives About HOAs.” One would think that the watchdogs of democracy fell under the same spell, the same con, as the advisers to the Emperor in Hans Christian Andersen’s The Emperor’s New Clothes. “‘Stupid I certainly am not,’ thought the official. ‘Then I must be unfit for my post. But nobody shall know that I could not see the material.'” That to speak out would make them unfit for their place in the new world order, The New America of HOA-Lands.

And after a little child had spoken out while on parade, “The Emperor himself had the uncomfortable feeling that what they were whispering was only too true. ‘But I will have to go through with the procession,’ he said to himself.” It appears that the journalists and the media as a whole have decided to go through with the procession.

CAI soundly thrashed by Arizona Senate

The Arizona Central CAI Chapter was dealt a sound thrashing today by the Arizona Senate. HB 2441, written line-by-line by CAI, and submitted to a way too friendly legislator, was overwhelmingly defeated in a 3 – 27 vote.

In a desperate attempt to remain influential in the legislature and before HOA boards, CAI proposed a bill that contradicted its years and years of opposition to HOA reform legislation. Among its hollowed arguments that were solidly and repeatedly reversed were: local democratic control of the HOA and unwanted government interference with HOA contracts. With respect to amending the CC&Rs — those documents handed down by developer attorneys and amended by CAI HOA attorneys for over 40 years — CAI proposed a 2/3 vote of the votes cast under a 50% quorum to amend the CC&Rs. (Read carefully: That’s 1/3 of all the members!)

And, to insure that local control remained in the hands of a minority — also known as an oligarchy — that the members could not have recourse to the courts to appeal any amendment to the CC&Rs. In an arrogant display of misguided power, at the same time that CAI proposed this bill, CAI was opposing the right of homeowners to take their HOA problems to an independent tribunal, the Office of Administrative Hearings.

Scott Carpenter, the CAI attorney who submitted the bill, proudly boasted in his Jan 10, 2011 enewsletter, “2011 Legislative Preview”,

 

I have always and will advocate for legislation that keeps control of community associations local – with the members and their elected board of directors.  I will disfavor legislation that usurps or trumps local control in favor of a one-size-fits-all approach that the legislature has used in recent years to address political signs, solar panels, real estate signs, parking and other issues.

 

Apparently, he meant “local control” even if by means a minority of the members. Apparently, he meant with the imposition of state law, a fiat, stripping homeowner contractual rights away from them. With HB 2441, he gave meaning to the above statement and was seeking the aid of the legislature to interfere in the CC&Rs contract. In the most despicable and un-American provisions of the bill, CAI sought to impose these minority rights on homeowners who would lose their private property rights under the CC&RS – without their consent. A contract that CIA always told them that they had agreed to, and was binding upon them.

 

Now, to serve CAI’s self-interests, majority rule was out, and contract interference by the legislature was OK! See the CAI lobbyist’s feeble attempt to justify the bill HB 2441. Read the criticism of the March version, susequent changes did not materially affect the essential problems with the bill. Go to

AZ bill to allow 1/3 vote to change CC&Rs violates your private property rights.

The CAI ‘Philosopher-kings’ are best to rule HOAs?

 Behold! 

This time of year when state legislatures are in session and advocates are seeking to restore lost rights and freedoms, across the land we hear the voices of the self-anointed HOA “philosopher-kings”  from CAI. These legal-academic aristocrats fervently believe that their superior knowledge, training and understanding are best suited to govern  HOA-Land.  That All — the people, the HOA boards, the agencies, the courts and the legislatures — should behold and obey their voices of wisdom.  

But the truth is, is that anyone attending a CAI conference, seminar, class, lecture or program, or who reads any of its printed materials, or hears its lobbyist speak beofre the legislature, will not encounter any serious discussion of the constitutional issues as set forth in the “Truth in HOAs” Disclosure Agreement. Rather, he will be treated to one of CAI’s “educational”, “indoctrination” or, as I call them, “recycling” programs, designed to teach attendees what is necessary to live happily under the authoritarian HOA regime. And not subject themselves emotional stress or financial loss.

While CAI maintains that it teaches the law as it is, it fails to educate attendees as to the negative side of HOA living — the loss of rights, privileges and immunities as a citizen of the US and his state. Nor does CAI inform the attendees as to its role in shaping HOA laws as a result of its intense lobbying efforts. CAI, therefore, is guilty of misrepresntation by half-truths. If those who are in the know do not object, what can be expected of those seeking to know, the attendees? And how can they know if they are not so educated and no warning or advisories notices are published by state agencies? (This was a defense by the common German citizens in response to why nothing was done to oppose the Nazis). This is not the conduct of the philosopher-king who believes that the truth was necessary for good government and good rulers.

 

 

Plato introduced the concept of “philosopher-king” in Book VI of his Republic where he discussed what type of government is best, and who is best to rule the people.  This concept placed high value on  learned persons who pursue true knowledge, and therefore those who know best should rule best.  The philosopher-king served as a basis for modern day utopian societies of technocrats running society; such as communism and the Community Associations Institute (CAI) that was initially created with all the “stakeholders” as part of the ruling body.  The stakeholders represented the various industries of interest participating in the governing of this hopefully altruistic organization. CAI was to resolve HOA problems and to lead the people to paradise on earth (my sarcasm).  (See Chapter 5 of Privatopia, , and Community Associations by Donald Stabile (2000), a CAI & ULI funded book).

HOAs in America: the illusion of democracy in a dysfunctional republic

In order to understand the public policy toward homeowner associations with its manufactured appearance of bona fide homeowner consent, we need to examine the political climate and value system within our society.

See short video paralleling the decline of Rome. 

1. The empty value system – anything goes

The Declaration of Independence provided the fundamental basis for the unalienable rights that no government may take away from the people. Unfortunately, contemporary political and judicial leadership has failed to retain and uphold our unalienable rights in a replacement value system of ethics and morality.

2.  The decline in the caliber of elected officials and the rise of political party ideology

 The political system has evolved to a point where the vast majority of elected officials in each party feel comfortable only in advancing ideas acceptable to their core supporters. The political system now rewards ideology over pragmatism. . . . What’s unusual now is that the political system is more polarized than the country. Rather than reducing the level of conflict the ideology increases it.

3.  Legitimate government and the illusion of justice

And speaking of justice, the necessary ingredient for the claim to the legitimacy of government and to be obeyed in conscience, Allen offers Machiavelli’s advice, “Because the [right] to rule is rather the appearance of justice rather than justice itself, the appearance of injustice defeats every [right] to rule.”

4.  The rise of authoritarian private HOA governments

“Therefore this Restatement is enabling toward private governance. The question of whether a servitude unreasonably burdens a fundamental constitutional right is determined as a matter of property law [meaning these servitudes], not constitutional law.” And, “What has been deliberately and carefully made ‘socially acceptable’ was, not too long ago, thought to be irresponsible — both financially and morally.”

5. The transformation of society and the acceptance of the New America of HOA-Lands.

 There are parallels between the acceptance and establishment of the HOA as an institution, and the influence and acceptance of Nazi doctrine in Germany before and during WW II. Both offered benefits and serious drawbacks, but only the pluses were seen and not the negatives. The rationale of the defenders of Nazism follow a similar pattern to that of the defenders of the HOA authoritarian, private government.

Mayer wrote that the “good” Germans went along “in the usual sincerity that required them only to abandon one principle after another, to throw away, little by little, all that was good.”

 

Read the complete article HOAs in America.

AZ bill, HB 2441, is a bill of attainder and an act of tyranny

 

Arizona’s HB 2441 is an unconstitutional Bill of Attainder under the US (Art. I, § 9, cl. 3) and Arizona Constitutions (Art. 2, Section 25).  It is a violation of the “separation of powers” doctrine as the legislature has acted to punish certain members of its citizenry — the taking of private property rights from homeowners living in HOAs — by a “trial of the legislature” and a legislative exercise of a judicial function.  As such, a bill of attainder has been described as an act of tyranny (US v. Brown, 381 US 437 (1965)). 

A careful reading of the Senate amended version of HB 2441 . . . permit and declare it is not illegal to so act by minority vote, the taking of private property rights from Arizona citizens without their consent, and in violation of their contractual rights. This bill, by its “blessings” that it has now been declared legal for a minority to so act and therefore incumbent on the homeowner to be obey, opens the “barn door” to the establishment of the oligarchical control of the community.

In Brown, the Supreme Court held,

“The Bill of Attainder Clause was intended to implement the separation of powers among the three branches of the Government by guarding against the legislative exercise of judicial power.

“A statute which inflicts its deprivation upon named or described persons or groups constitutes a bill of attainder whether its aim is retributive, punishing past acts, or preventive, discouraging future conduct.”

HB 2441 repudiates the fundamental premise of democracy — majority rule. This bill is a special law for a private party and is prohibited under state and federal constitutions.

Read the complete Commentary here.