Tag: government

HOAs operate under a cloak of secrecy

My excerpts from the Abstract of an excellent Memphis Law Review article.

Homeowner associations (“HOAs”) operate under a cloak of secrecy where innocent and unwitting owners have money extracted from their wallets, and then are subjugated to the dominion of potentially wasteful and extravagant expenditures authorized by condescending HOA board members.

In the modern era, HOAs are marketed as establishing desirable communities through the imposition of covenants, conditions, and restrictions (“CC&Rs”) and rules in a neighborhood, with the purported outcome of enhancing quality of life and property values. To help accomplish this unsubstantiated and unproven utopian vision, buildings or neighborhoods controlled by HOAs are subject to the imposition of HOA dominion via CC&Rs upon the underlying property as well as ad hoc rules and regulations.

This exercise of dominion and control, administered by a Board of Directors or Executive Board (“Board of Directors”) is purportedly undertaken in the interest of fulfilling the goals of the HOA. With the powers vested in the HOA Board of Directors to regulate behavior, impose sanctions, and assess fees, the HOA is tantamount to an omniscient, omnipresent, and omnipotent deity.

Source: “The Homeowner Association: A Descent Into Dante’s Inferno Palliated By A Summons To Improve The Hate-Hate Relationship Through Transparent Disclosures,” The University of Memphis Law Review Vol. 54, p.43, Bradford P. Anderson.

Continuity of Government (COG) and HOA-Land

Continuity of government (COG) is the principle of establishing defined procedures that allow a government to continue its essential operations in case of a catastrophic event.

It was intended to preserve the American form of representative government, continuity of federal authority aided law enforcement, ensured general safety, and protected the government from the illegal assumption of power by rival foreign powers or anti-government organizations. 

The COG Plan was only activated in the 9/11 crisis until Jan. 6th. According to George Stephanopoulos (The Situation Room), the White House Situation Room put the COG Plan into action on January 6, 2021.  President Trump watched TV and in Congress the Secret Service protected VP Pense from the crowd.

Undoubtedly because it was never anticipated, COG did not address the slow erosion of the Constitution and democratic values from within the country, as we see with the HOA-Land Nation within America.  HOA-Land describes the collection of HOAs throughout America as “HOA-Land.” It identifies HOA-Land as a nation within America based on its culture, beliefs commonality of contractual CC&Rs acting as their constitution.

The Lone Ranger still fights for HOA constitutionality

“(Common Ground, May/June 2006, Christopher Durso, Editor).

“CCLG’s [Citizens for Constitutional Local Government] founder and president, George Staropoli, for example, originally agreed to an interview but later changed his mind. In a brief phone call during which he’s quiet and almost courtly, he explains that Common Ground is CAI’s ‘house organ,’ and that he’d be more comfortable with a debate or similar format where he could express himself at length, without the risk of being quoted out of context. He asks that his prolific writings on the CCLG website speak for him, although a week or two later he sends an ‘open e-mail questionnaire to CAI’ containing four questions that sprout from CCLG’s mission.”

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 As of this writing, the four questions, also sent to the Arizona Legislature, have not been answered by any party.  Why not?

“1. Is it proper for the state to create, permit, encourage, support or defend a form of local government of a community of people, whether that form of government is established as a municipal corporation or as a private organization that is not compatible with our American system of government?

“2. Is it proper for the state to permit the existence of private quasi-governments with contractual ‘constitutions’ that regulate and control the behavior of citizens without the same due process and equal protection clauses of the 14th Amendment; that do not conform to the state’s municipal charter or incorporation requirements; or do not provide for the same compliance with the state’s Constitution, statutes or administrative code as required by public local government entities?

“3. When did ‘whatever the people privately contract’ dominate the protections of the US Constitution? The New Jersey Appeals Court didn’t think so. Does “constructive notice”, the ‘nailing to the wall,’ the medieval method of notice, measure to the requisite level of notice and informed consent to permit the loss of Constitutional protections?

“4. Please state what, if any, are the government’s interests in supporting HOAs that deny the people their constitutional rights?”

Staropoli lists a selection of unsolicited testimonials over his many years of HOA activism.  

His latest activity in January 2024 was the publication of “Seeking HOA Constitutional Government: the continuing battle, Collected Writings.” It contains in one volume some 56 writings — emails, social media postings, and articles — presenting 24 years of historical events, case histories, legislation and related documents by proponents of the HOA status quo.

Getting your HOA reform bills accepted

I’m pleased to see many of you are using my Commentaries on HOA Constitutional Government as part of your efforts to bring about HOA reform legislation.  Allow me to recommend a procedure that should improve more success in getting your legislators’ attention. Justification for my arguments below can be found in the “Recommend texts” below; homeowners and advocates cannot neglect these works of mine and others.

  • Legislators are immerged in tons of emails by many persons and “robo emails” — the same email sent by many persons —  get slight attention;
  • There is some success that your district representative will sponsor your bill and your reforms;
  • Emails from state residents to bill sponsors and committee chairs and members are generally read, but outsiders receive less attention unless   strong credentials are provided to counter CAI’s credentials;
  • The main focus of your email should be your reforms with the inclusion of works from others being supportive.
  • Have no fear of show the ugly forest through the trees by addressing constitutional violations that support your reform legislation — over my 24 years CAI has ignored any such discussion and will fight like hell to avoid constitutionality issues (I challenged them back in 2006, no response);
  • CAI and the legislators  will not put themselves in a highly vulnerable position of having to defend the indefensible, a rejection of the Constitution; it is their Achilles heel;
  • Have no fear of raising the important issues of intentional misrepresentation in the claimed  “you agreed  to be bound” CAI defense, invalidating the legitimacy of the adhesion CC&Rs contract;
  • Don’t be penny wise and pound foolish – spend some small change and get copies of publications that will serve as textbooks on getting your issues heard before your legislature (see “Recommended texts” below).

Recommended texts

Privatopia, Evan McKenzie (seminal book on private HOA government)

HOA Common Sense: rejecting private government, George K. Staropoli (entry level constitutional violations)

Take Back Your Government, Morgan Carroll (out of stock at Amazon; eBay, Thriftbooks)

HOA Constitutional Government, George K. Staropoli (a one volume collection of 56 events and situations over 24 years)

The battle for HOA Constitutional Government – supplement

It should be well understood that the real purpose for HOA reform legislation is to seek homeowner-member justice and fairness. Either with respect to day-to-day denied under the HOA legal scheme, as set forth in the Declarations of CC&Rs and state laws. 

To be more specific, these rights affect free speech, participation in HOA government, fair elections procedures, due process with respect to fines and punishments including foreclosure abuse, and an effective means to hold the board accountable under the law. In other words, challenging the validity and constitutionality of the HOA legal structure.

Over the past year I have noticed a favorable increase  in legislation and in court decisions as a result of increased claims by homeowners and advocates who, by their actions, are winning with the winners.  What is there to fear? Reforms have moved at a turtle’s pace over the past 30 years. Nothing to lose by taking a strong stand backed by legal authority.

“There can be no change without change”

Encourage others to take a strong stand by providing authoritative support to win with the winners, as can be found in HOA Constitutional Government: the continuing battle. My Collective Writings over 24 years.  Spread the word to others to act without fear.

Publisher’s Cataloging-in-Publication Data

  • HOA Constitutional Government: the continuing battle / George K. Staropoli
  • 145 p. StarMan Publishing, Surprise, AZ | includes index | Published January 9, 2024
  • ISBN: 978-0974448886 (pbk) | ASIN: B0CSC5LCY8 (KDP eBook)
  1. Constitutional law – Constitutional principles – public policy – form and structure of government
  2. Political science – sovereignty – consensus. Consent to be governed –  law making  – local government
  3. Social sciences – community – social influence

K3154 – 3370 LCCN classification