Tag: HOA

Where is the “community” in a community association?

On the HOA Reform (FB) page a woman in medical distress and need of support wrote, in part, “Home health couldn’t get in, friends couldn’t get in, I live alone, no family here. I tried every local government and legal aid, no help. I wrote the BOD many times, and said at August meeting that I had stroke and need gate open.”

Her situation has occurred countless times — single or elderly woman, not on good health, low-income status, and living alone is the object of HOA board abuse. And she cannot get any support from her neighbors. I responded with:

This is the biggest hypocrisy of the use of the name, community association. There is no healthy, productive community of people and calling it so doesn’t make it so. Where is the good neighbor, help thy neighbor policy, and the compassion and the charity toward your neighbor by those who allegedly sought these values. No, none at all! Trying to call it an investment or a business is laughable when we all signed a real estate contract and not a commercial business (UCC) contract! The public has been conned. And your government believes its none of their business. It supports and encourages a successionist private government allowed to function outside the Constitution.

Welcome to The New America of Independent HOA Principalities.

WSJ poll on decaying American values shared by HOA-Land

As early as 2019 I began examining the relationship between the decaying national culture and that of the political and social culture of HOAs in HOA-Land. I came to the conclusion that the HOA social and political dynamics are identical as we have witnessed on the broad national scale. I am not sure as to what came first, the chicken or the egg? To what extend has the HOA independent principality mentality and legal scheme contributed to the national scene? Or are the HOA dynamics just a reflection of the broader culture in America today functioning in parallel with  the national malaise, are the private government HOAs?[i]

In “Part 1, The Cultural Dynamics of HOA-Land” of my HOA-Land Nation, I present my analysis of  the forces at work dominating the politics within the HOA private government.

“Basically, the HOA legal structure and scheme is authoritarian in nature: strong central power, limited political freedoms, no accountability, and under the rule of man, not law. The authoritarian nature of HOA-Land is masked by a thorough indoctrination that presents a false picture of the real estate subdivision as democratic, inappropriately named a community, simply because the members are allowed to vote, as meaningless as it is“.[ii]

Last month The Wall Street Journal (WSJ) conducted a poll on the decline in American values since 1998, just 25 years ago.[iii]  The University of Chicago interviewed 1,019 adults and revealed a decline that is reflected in   the HOA culture as well. In other words, Americans have changed their values to disregard the democratic values of our Founding Fathers.  And the private government CC&Rs constitution played a big part in this reshaping of America.

The WSJ findings reveal the interplay between the two cultures in several important aspects.

  • Community involvement … Dropped from 47% to 27%.  This finding supports HOA lack of involvement, non-volunteering members, the apathy, and failure to support substantive, well documented complaints by other members that is rampant throughout HOA-Land. HOA details can be read here HOA defect: volunteers & boards of directors.

·         Patriotism . . . Dropped from 70% to 38%.  How can it be explained? The prevalent conduct by the vast majority of HOA members who unquestionably accept the acts of the board of directors. When these actions are outright black and white violations of the Constitution, state laws and obligations of the HOA governing documents.  In short the HOA operates with impunity in regard to American values and beliefs, reflecting a lack of US patriotism and a preference for the HOA “constitution.”  HOA details can be read here:HOA Common Sense, No. 1: The New America of HOA-Land.

  • Money . . . rose from 31% to 43%.   The cultural messages over the last several decades have clearly been: greed is good; it’s all about me; and I want it all, and I want it now.  Paraphrasing the Reverend Wallis,

Do we want [property] values to prevail everywhere and in all things?  Are there some areas of life where [property] values should not determine what is most important — personal and family relationships, ethics and religion, community and public service and social justice?  Are there certain things degraded when [property values] are allowed to be the ultimate measure?  Are there certain social values and practices that are higher than market values?[iv] 

·         Religion . . . Dropped from 62% to 39%.  Each of the above drops in the conduct of Americans, also found in HOA-Land,  portrays a decline in the ethical and moral values and guidelines that were previously provided by institutional religions. “God id dead” is the watchword of federal government that has not provided a substitute code of conduct.     In America today, Rev. Jim Wallis wrote in 2010 (Rediscovering Values), “What has been deliberately and carefully made ‘socially acceptable’ was, not too long ago, thought to be irresponsible – both financially and morally.” See also,  God is dead, and so, too, are our unalienable rights.

NOTES:

[i] See Did HOA-Land contribute to the national disregard for democratic America?

[ii] George K. Staropoli,  The HOA-Land Nation Within America, StarMan Press, 2019.

[iii] WSJ/NORC Poll March 2023.

[iv] Jim Wallis, Rediscovering Values: On Wall Street, Main Street, and Your Street, p. 27, Howard Books, 2010;

What does “HOA” really mean?

What are we talking about when we hear “I live in an HOA” or “what are my HOA fees?” Allow me to clarify some important concepts and definitions that I have employed to help in understanding what we are really talking about.

  • The term “HOA” is commonly used in 2 different aspects.
    • While commonly used to refer to the alleged community, in reality the “community” is a real estate “package” of homes, landscaping, amenities, and rules.
    • “HOA” more aptly applies to the association itself, which is the de facto – in fact – political governing body of the subdivision or real estate “package.”
  • “Government,” meaning political government, is defined in its general sense as “the person or group that controls and regulates the people within a territory.” Since your subdivision is a territory, that makes the HOA a truly political government.
  • “Private government” is a de facto government as defined above not incorporated under municipal statutes but under nonprofit corporation statutes. As such, it is a functioning government unrecognized by the state as Cuba had been for years.
  • “Quasi-government” simply means for all intents and purposes having all the attributes of a municipal government, except the names have been changed to mislead the innocent public.
  • “HOA-Land” is my descriptive term for “the collection of fragmented independent principalities within America, known in general as “HOAs,” that are separate local private governments not subject to the constitution, and that collectively constitute a nation within the United States.”
  • “Structured tribalism.” Tribalism is a term currently in vogue to describe divisiveness in America. “Structured tribalism” extends that view to describe the intentionally planned policy for the acceptance and control of HOA-Land.[1] It views the fragmented HOA-Land as distinct villages and clans.

When I speak of restructuring the HOA, I am referring to the authoritarian, undemocratic body functioning outside of constitutional protections, and making it a democratic government subject to homeowner constitutional protections.

Glassel HOA Murders Redux

The State of Arizona not only brought the people the Orme School District and the Miranda decisions, but the State also brought the little known Glassel HOA board murders. This April will be the 21st anniversary of sentencing Glassel to death for the shooting murders of two directors, Nila R. Lynn, 69, and Esther LaPlante, 57,  at a Ventana Lakes HOA board meeting in April 2000.

I followed this case from the very beginning during my first year as an HOA reform advocate.  I had met and talked with Richard Glassel, his wife Susan, his Public Defender, Dr. Jack Potts the psychiatrist who evaluated Glassel as not competent to stand trial, and several reporters; I also attended and observed the 5 day murder trial in 2003. 

A few years later about 2010, I don’t recall exactly when, I was approached by the Office of the State Capital Post-Conviction seeking  my involvement with the  Glassel trial.  The Office reviews death penalty cases on behalf of the condemned. They asked if I would talk with Glassel, seemingly they were having a problem, and I responded by saying it would not help because I had tried to talk to him on the only day he appeared in court, but he was non-communicative, “living in his own world.” Its pending petition for case review was denied as a result of Glassel’s death in 2013.

For more detailed coverage, you can follow this 20/20, Dateline, 48 Hours style murder case at Glassel HOA Murders Redux.

Restructuring HOAs: “CAI School and member benefits” pt. 2

Mentoring: “CAI School of HOA Governance”

Part 2 addresses the heavy influence of the CAI and its affiliated, shill, organizations functioning as supporters of HOAs and the questionable claim of also supporting homeowners.

CAI heavy influence

Several HOA attorneys have maintained that the expression of the common interest of all the members is found 1) in the Declaration that they all agreed to be bound by and 2) because the members still remain a resident and a member of the HOA. It is through the Declaration itself that provides their benefits and the BOD is not derelict in its duties and obligations to the members. And that’s all there is to it!

However, herein and in my intents and purposes paper[1] I argued that the BOD’s mission statement, vision and values are one-sided and heavily influenced by the mindset created by the CAI School of HOA Governance[2] that neglects constitutional protections for the members. The alleged benefits for the members as contained in the CC&Rs do very little to provide the benefits of a democratic government. In fact, they restrict or deny the application of constitutional rights and freedoms, and the privileges and immunities of citizens of this country and their state.[3]

“The policy makers have failed to understand that the HOA CC&Rs have crossed over the line between purely property restrictions to establishing unregulated and authoritarian private governments.”

In order to correct these serious defects in the HOA legal model the HOA must be restructured to conform to and be subject to the Constitution and laws of the land. It must begin with a declaration of citizenship to be made a covenant in all declarations, charters, bylaws and other governing HOA documents. State laws and CC&Rs must be amended according as proposed in my HOA Member Declaration shown in part below:

Therefore, the members of the association, having not waived or surrendered their rights, freedoms, privileges and immunities as citizens of the United States under Section 1 of the Fourteenth Amendment, and as citizens of the state within which they reside, the CC&Rs or Declaration for any planned community, condominium or homeowners association shall state that, or be amended to comply . . . .”[4]

In order for this revision to become a reality the BOD and HOA members must be reoriented away from the teachings of the CAI School and toward the forgotten and neglected principles and values of democratic America. The CAI School needs to be replaced with a qualified program of education and training on municipal government: its structure, objectives and mission, functions and operations.

CAI support of HOAs

Why does CAI oppose holding HOAs subject to the Constitution? How can CAI take this stance and still assert that it’s supportive of the homeowners? It seems by adopting the WW II Fascist philosophy of Italy’s Il Duce, Benito Mussolini, who proclaimed, “All within the state, nothing outside the state, nothing against the state.”[5] And who described Fascism a being “for the State; and it is for the individual in so far as he coincides with the State ”[6] Just substitute “HOA” for “state” and it all makes sense. Essentially, this is CAI’s true position on HOA governments.

While there is much to support and justify the need to remove the heavy influence by CAI over HOA-Land, a few instances are provided.

“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.”[7] (NJ).

In other words, CAI doesn’t want our constitutional judicial system to be applied to HOAs. They can rule themselves without judicial oversight. All other forms of local government, including the most liberal of self-government charters under the home rule doctrine are subject to the Constitution.

AGAINST

[CAI] Kathe Barnes, Self(02/10/2020); Jason Barraza, AZ ASSN OF COMMUNITY MANAGERS (AACM)(02/10/2020); Terry Carstens, Self(02/23/2020); Quinten Cupps, Self(02/06/2020); [CAI, AACM] Mary Jo Edel, Self(02/06/2020); Alexis Glascock, COMMUNITY ASSOCIATIONS INSTITUTE(02/09/2020); [CAI attorney] Lynn Krupnik, Self(02/06/2020); [AACM] Linda Lang, Self(02/10/2020); Mark Logan, Self(02/10/2020); Dave Norton, Self(02/06/2020); Jeff Sandquist, AZ ASSN OF COMMUNITY MANAGERS (AACM)(02/10/2020); Vicki Sears, Self(02/06/2020); [AACM] Mark Wade, Self(02/06/2020); Donna Wood, Self(02/06/2020); [AZ]

The above quote represents the persons and/or organizations against Arizona Senate bill SB 1412 (2020). The bill would bring homeowner protections for HOA political activity and free speech rights. Note the absence of any identification of several persons who are members of one or the other mentioned organizations, CAI and AACM (AACM is a spin-off from CAI in 2003). That’s 8 out of 14 persons in opposition. Please also note that none of these persons have identified themselves with any HOA. Where are the HOA directors or presidents?

California’s SB 323 (2019) introduced fair elections procedures for HOAs that protect homeowner voting rights. It addressed one of my 6 substantive defects in the HOA legal scheme.[8]   It has become California law. Long time California lawyer Adrian Adams is heavily involved in CAI policy and management at the HQ and chapter levels. He writes:

Last year, the Center for California Homeowner Association Law (CCHAL), an organization hostile to community associations . . . The train wreck legislation . . . The bill also forces members . . . In another hostile move against associations . . . The California Legislative Action Committee (CLAC) is a volunteer organization consisting of homeowners and professionals serving homeowner associations by monitoring legislation, educating lawmakers, and protecting the interests of those living in community associations.[9]

CAI’s California LAC:[10]

The California Legislative Action Committee (CLAC) is a committee of Community Associations Institute (CAI), a national not-for-profit educational and resource organization dedicated to fostering vibrant, competent, harmonious community associations. CLAC consists of homeowners and professionals serving community associations.

We worked hard to defeat SB 323 and we came very close, especially on the Assembly Floor where the bill passed and was sent to the Governor. . . . Let’s work closely together to make sure legislators understand the negative consequences SB 323 potentially will have on community associations.

It should be obvious by now that CAI is not a friend of the homeowner in spite of its lofty, high sounding pronouncements, policies and Best Practices. The acts of its members both in CAI HQ and in the numerous state chapters speak an entirely contradictory message. CAI is there to support the HOA and the BOD that is the real person representative of the HOA association. It is obvious that granting and admitting individual rights and freedoms to the homeowners presents an obstacle to its personal agenda; CAI is a business trade tax-exempt nonprofit entity to make money for its members, the attorneys and managers for the most part, the

After consideration of the above and earlier posts under Restructuring HOAs, I ask and answer: Does the Declaration provide covenants that implement and accomplish the intents and purposes of the HOA that serve the interests of the members? My answer is NO. It raises the question of why BODs accept the HOA model of local government and resist revisions in order to bring the HOA within the Constitution for the protection of its members?

Notes

[1] See “Restructuring HOAs – intents and purposes,” George K. Staropoli, HOA Constitutional Government (Feb 2020).

[2] The basis for a definition can be found in “CAI claims Factbook 2018 at home with Democracy in America.”, in HOA Constitutional Government, footnote 9.

[3] See “Would the HOA legal scheme collapse under a democratic form of government?” in HOA Constitutional Government (2014); “HOA-Land and the decline in democratic institutions” in HOA Constitutional Government (2019).

[4] See “HOA member Declaration of US and State citizenship” in HOA Constitutional Government (2012).

[5] See Benito Mussolini: What is Fascism, 1932.

[6] “Fundamental Ideas of Fascism,” Benito Mussolini, Souciant, Inc. (2016).

[7] CAI amicus curiae brief in CBTR v. Twin Rivers, 890 A.2d 947 (NJ Super. App. Div. 2006).

[8] See HOA Common Sense: rejecting private government, Democratic elections, No. 5. (2019).

[9] Adams Stirling Newsletter, Adrian Adams, Esq. (Feb. 24, 2019). Adams is a member of CAI’s Community Association Research Foundation, CAI chapter director and CLAC delegate.

[10] CAI-CLAC Feb. (2020).