Tag: HOA Reformers

Trump Era lessons for HOA Reformers

Before you turnoff not wanting to hear anything involving Donald Trump, that would be  big mistake. A BIG mistake!  Trump is a model of successful power politics at work that have not been adopted by advocates.

There are two important lessons that should be employed if substantial reforms are the object.  First, Trump is noted for attacking his accusers raising the argument of unclean hands.

“The legal term clean hands refers to a defense in a civil lawsuit regarding a contract, which allows a defendant (the person being sued) to claim that the plaintiff (the person suing) has engaged in wrongdoing. If the defendant is successful in proving the plaintiff had unclean hands through bad or illegal behavior, the plaintiff would not be able to obtain a remedy from the court.”

This tactic is so ripe for application against rogue HOA boards and officers, including CAI and the HOA managers.  Easily demonstrated if time is taken in the course of claims to collect this evidence for the court.  And also, when advancing proposed reform bills to your legislature – CAI will be whispering in the halls of the legislature.  Let the legislators know!

Second, and very effective, is to use CAI’s words and documents against it — there is plenty of fodder. Very difficult to explain after exposing a litany of common attitudes and hypocrisy.  Look at what Trump is facing in his numerous indictments.

What are reformers afraid of?  When getting very little anyway there is very little to lose.

A united, national front to HOA reform legislation

A private Facebook group has undertaken a gallant and tedious effort to inform advocates across the country proposing reform legislation. Its Admin, Patrick, provides a list of numerous bills that are applicable to all states with modifications. Thus, I proposed a broad sweeping “intent section” by the homeowner rights advocates to be included in all proposed legislation under the Homeowner Reform Leaders National Group (HRLING). It should be added as the last section to all bills, e.g., “Section2. Intention of . . . HRLNG.”

As for specific legislation I proposed, I make reference to the “Homeowner Association Consent to be Governed Agreement An Act (to be known as the ‘Truth in HOAs’ Act,” paragraphs 1 and 4, March 2011).

  1. “No provision of any contract or any declaration of covenants, conditions, and restrictions affecting lawful property uses of residences in a subdivision or condominium is enforceable in this state unless the party seeking to enforce the provision proves by clear and convincing evidence that 1) the provision being enforced was knowingly and voluntarily agreed to by all parties against whom it is being enforced; or 2) all parties against whom the provision is being enforced knowingly and voluntarily agreed to be bound by the provision without reading or understanding it.
  2. “Therefore, the CC&Rs or Declaration for any planned community, condominium association or homeowners association shall state that, ‘The association hereby waivers and surrenders any rights or claims it may have, and herewith unconditionally and irrevocably agrees to be bound by the US and State Constitutions and laws of the State as if it were a local public government entity.’”

HOA Reformers needed to educate

 [Selected commentaries are available as audio podcasts on SPOTIFY and GOOGLE PODCASTS. ]

HOA Reformers are needed as educators to spread the facts about HOA-Land to the public in general; especially to the legislators, the media, the HOA boards, and to the universities and high schools.

As HOA Reformers we must look past our mindset that placates our wants, needs, and fears. Wrongs must be righted; one nation undivided under the Constitution must be upheld. We must step out of the cave with its shadow reality and into the light {Plato allegory) to discover the realities of the HOA-Land culture. It is not an easy task to reject longtime beliefs but one that must be taken.

My Plan Toward Restoring the HOA Model of Governance  called for both a systemic restructuring of the HOA legal scheme and the need to reorient the BODs and legislators. (View at https://tinyurl.com/sr27yq3). The long ignored and inexcusable questions of constitutionality that continue to harm members and the greater communities across this country must be exposed, understood, and accepted.

The Plan first requires addressing the attitudes and views of BODs, the members, and the public in general.  The conditioning and indoctrination by the biased views of the national pro-HOA special interest entity must be de-conditioned by a program of reorientation.  The commonly found guidelines of the  special-interest, pro-HOA lobbyist speak to an authoritarian government with member interests and concerns being secondary to the survival of the association. It’s an unacceptable deviation from the intents and purposes of our constitutional government.