Last night at the DNC Kamela Harris warned Americans that their “fundamental freedoms were at stake.” At she will be president for all of us. However, there was no mention that our fundamental freedoms were already lost to some 30% of the people living in authoritarian homeowners associations known as HOAs.
“The truth is out there!” See “The HOA-Land Nation Within America.”
Some 23% of Americans live in HOA-Land, that collection of fragmented independent principalities known, in general, as HOAs. HOAs are separate, local private governments not subject to the constitution, and collectively constitute a nation within a defined geographical region known as the United States.
“A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region.”
Jonathan Chait (Nymag.com, Jan. 3, 2022), wrote last week, “You can’t stop authoritarianism unless you understand it.” Consequently, my continued effort to reorient and reeducate HOA BODS and its followers.
The HOA is truly a totalitarian democracy. In 2019 I wrote, “Authoritarianism in the HOA-Land Nation”
“A totalitarian democracy . . . retains full power of . . . the right of control over everything and everyone. Maintenance of such power, in the absence of full support of the citizenry, requires the forceful suppression of any dissenting element except what the government purposely permits or organizes.”
The authoritarianism of HOA-Land is masked by a thorough indoctrination that the real estate subdivision is a democratic community because the members are allowed to vote, as meaningless as it is. It seems that the more predisposed to authoritarian control the more the member acts as a diehard, dogmatic, true-believer in the BOD.
Read more Cult behavior within HOA-Land.
HOAs are not a club. They are legally binding adhesion agreements in favor of the HOA government, the BOD, and seriously detrimental to homeowner property interests and member fundamental rights. Members are at risk because the private “contractual” CC&Rs have been held superior to the US Constitution by the courts. The facts are there in the public records and state HOA statutes known as “Acts.”
It is in the best interest of the members not to obediently agree to all the BOD says they should, but to get educated and discover the truth for themselves. If they can handle the truth. Discover for yourselves.
My seminal book, The HOA-Land Nation Within America describes the collection of HOAs throughout America as “HOA-Land.” It identifies HOA-Land as a nation within America based on its culture, beliefs, values, and commonality of contractual CC&Rs acting as its constitution.
My sequel to HOA-Land Nation, A Plan Toward Restructuring the HOA Model of Governance, another seminal work, presents the case for the restructuring of the HOA model of governance. It seeks to bring the private government HOA into compliance with and subject to the Constitution as required of all local governments.
For important information, please see HOA board education in constitutionality
Some 23% of Americans live in HOA-Land, that collection of fragmented independent principalities known, in general, as HOAs. Overwhelmingly their members swear by the HOA as the next best thing to Mom’s apple pie. It is hard to accept this undying loyalty to the HOA and its board of directors in view of the fact that their acceptance of HOAs is the result of an intentional indoctrination by national lobbying, business trade group that, in my mind, does not know how to spell “constitution.. Obviously then, those CAI surveys are suspect.
HOAs are separate, local private governments not subject to the constitution, and collectively constitute a nation within a defined geographical region known as the United States. “A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region.”
“Public policy today rejects constitutional government for HOAs allowing them to operate outside the law of the land. 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.”
To provide the ignored but important and substantial aspects of the HOA legal scheme I have designated three books by StarMan Group under the collection, “Restoring the Lost Constitution to HOA-Land.” They are 1) HOA Common Sense: rejecting private government, a summary of 6 constitutional defects, 2) The HOA-Land Nation Within America, presenting the scope of outlaw private governments that deny constitutional protections to HOA members, and 3) The Plan to Restructure the Model of HOA Governance that advances a plan to restore the Constitution to HOAs while keeping the desired benefits of the “real estate package.” (All the above can be found on Amazon.com).
For a historical perspective of HOA-Land, see:
(All the above, except for the Handbook, can be found on Amazon.com).
A little earlier I had commented that HOAs are here to stay, but face strong reforms. It was an appeal for all to get their voices heard and take the HOA-Public Attitude Survey. Allow me to clarify my position.
“HOA” has 2 common connotations: as a model of authoritarian private local government or as the real estate “package” of amenities, landscaping, and certain infrastructure. I have long maintained that the real estate package represents the end but the HOA government model is not the best means to achieve that end. And that state legislators have treated HOAs as independent principalities with their pro-HOA laws and support of de facto governments devoid of constitutional protections for HOA members.
The overwhelming reform legislation across the country presumes and accepts the validity of the governing documents and state laws. This is a loser position!
It implies the acceptance of the legitimacy of legal arguments supporting the governing documents and pro-HOA statutes. Advocates should be denying their validity and constitutionality; by failing to oppose these defensive arguments homeowners have put themselves in the weaker position of, Please sir, can I have some more justice? An example of reform legislation that challenges fundamental wrongs has been summarized in HOA Common Sense and the HOA-Land culture is presented in The HOA-Land Nation Within America .
Example: not only demanding the licensing HOA managers but holding them to the same statutes and rules – not CAI’s standards — as required of city/town manager; holding the BOD to the same standards as city/town councilmen. The constitutional arguments to use include: a violation of the equal protection of the law, holding the HOA as a state actor, or an unconstitutional special “franchise” of the state relating to these real estate “packages.” (“franchise: an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities, e.g., providing a broadcasting service or acting as an agent for a company’s products.”
Advocates must not ignore these broad, constitutional arguments but educate themselves to understand them. I am urging advocates and homeowners to follow the path of the Founding Fathers who stopped toying with the Articles of Confederation as unworkable. Rather than continue to make the Articles work, they did away with them and created the Constitution of the United States.
HOA-Land will still be here but which form will it take? Spend another 30 years as before or go for fundamental reforms?
HOA Constitutional Government 