Dear Prospective Buyer,
If you are planning to buy a residential property under a private government HOA, then you must read the following disclosure and “consent to be governed” agreement. It contains information that will affect your rights and your expectations of rights that are lost when residing in an HOA. You will not find this information from the attorney general’s office, the real estate department or any consumer protection agency. Nor will you be supplied with these facts that are material to the purchase of an HOA controlled property.
Read it carefully! Take it to an attorney, and not the developer or real estate agent.
Show it to the developer/builder, and the HOA president. Will he agree to signing this document? If he doesn’t agree or wish to sign-off, these are warning signs. Ask him to explain why not and to what doesn’t he agree to.
Record these statements, or have a witness present. It is for your protection, for the safekeeping of your finances and your home.
Yours truly,
George K. Staropoli
Click here to read the Disclosure Agreement
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.
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.
The Arizona Supreme Court will decide on April 19th whether or not it will hear the appeal on the unconstitutionality of the adjudication of HOA disputes by an administrative agency.
For more information, see
HOA Constitutional Government 