Tag: law

White House petition to defend US citizenship of people in HOAs

To My Fellow Americans,

As a long-time advocate for constitutional local government I am greatly disturbed by the existence of local governments that exist and function every day throughout America, but are not subject to the US Constitution.  They are known as homeowners associations.  Special interests have effectively campaigned not to have HOAs viewed as a second form of political government, but this effort is misleading and self-serving.

HOAs do provide a beneficial service to the community, but at the cost on an unknowing surrender and waiver of basic homeowner rights and protections – the misleading aspect of the statements made by pro-HOA special interests.  However, the benefits of HOAs can be obtained within our constitutional system of government, which provides protections that are absent in the imposed profit-seeking developer CC&Rs contracts.

I ask each of you to consider the following question:

Is it proper for the state to create, permit, encourage, support or defend a form of local government of a community of people that is not compatible with our American system of government?

The answer to this question by state legislatures has been, Yes, thereby permitting HOA secession and establishing the HOA as an independent principality.   

As stated in the We the People petition to the White House, state legislatures have failed to uphold the Constitution and protect homeowner private property rights, and their privileges and immunities under the Constitution.  In view of this default, only the Federal government can provide this protection. It is a necessary and legitimate function of the Federal government to protect your rights and freedoms without overburdening contractual rights.

Let Washington know that we are still citizens of this country; we are still Americans!! 

Please read and sign our We the People petition that can be found at: Petition.   Because of the limitations on the We the People website, you can read rhe complete petition at: FULL PETITION

(Expired Dec. 21, 2012 with a pitiful 76 petitions).

Respectfully requested,

George K. Staropoli

new HOA book — Neighbors At War! by Ward Lucas

Amazon review By George K. Staropoli

This review is from: Neighbors At War! The Creepy Case Against Your Homeowners Association (Paperback)

Neighbors at War! is a refreshing description of what living in an HOA (homeowners association, property owners association, common-interest community or condo association) that the average person can understand. It is not another legal treatise, or academic journal or book, but the writing of an experienced and award winning investigative reporter.

It is a long needed book for prospective buyers of HOA controlled homes or those already living in an HOA. All those state mandated documents do not tell it all, as state legislators are pro-HOA and accept the denials of homeowner rights contained in HOA adhesion contracts.


Ward Lucas ranges far and wide, from questions of constitutionality and denials of bill of rights protections to more down-to-earth issues of HOA procedures and operations. Foreclosure, no fair elections, and kangaroo hearings on violations are examples of the cases and issues that are discussed in easy to understand terms.

I’ve been repeatedly told by legislators that complaining homeowners are trying to get out of a contract, should have read the CC&Rs, and should have gotten a lawyer. And not a word about misrepresentation and fraud.


Do not fall into the trap of Buyer Beware! Read this excellent book and discover what you are not being told by the special interest national lobbying organization formed to protect, not your rights, but the HOA status quo. Neighbors at War! is a must read for informed homeowners and state legislators

Indiana AG given authority to pursue HOAs for criminal acts

My to my surprise I had discovered that a state Attorney General must have specific legislation granting the AG to act against wrongful acts by an HOA.  Homeowners contacting their AG, like myself and many others, have been told that such legislation is needed.  Fortunately one state, Indiana, stepped up to the plate and enacted a law granting the AG to so act (PL 49-2011, HE1058).

Here’s the simply and succinct wording of this groundbreaking law, the first that I am aware of.

 

(b) IC 32-25.5-3-8 applies to all homeowners associations.

Sec. 8.

(a) The attorney general may bring an action against a board or an individual member of a board of a homeowners association if the attorney general finds that:

(1) the association’s funds have been knowingly or intentionally misappropriated or diverted by a board member; or

(2) a board member has knowingly or intentionally used the board member’s position on the board to commit fraud or a criminal act against the association or the association’s members.

(b) A court in which an action is brought under this section may do the following:

(1) Issue an injunction.

(2) Order the board member to make restitution to the homeowners association or to a member.

(3) Order a board member to be removed from the board.

(4) Order a board member to reimburse the state for the reasonable costs of the attorney general’s investigation and prosecution of the violation.

Please note that this authority is restricted to criminal acts and does not permit the AG to get involved in the multitude of civil matters such as, breach of contract, rules enforcement, assessment collections or maintenance.  Basically, it’s about theft, embezzlement, misuse of funds, etc.  However, it is an important move in the right direction of the equal application of the laws and due process protections under the 14th Amendment.

This past August the Indiana AG filed suit against The Harbours Condominiums Association and against board members Kevin Zipperle, Mary Lou Trautwein-Lamkin and Sharon Chandler for allegedly breaching their fiduciary duty and committing fraud.

HOA board mentality and unconscionable CC&Rs rewrites

Homeowners living in HOAs must decide what side of the fence they are sitting on!       Whether on the side of management or on the side of the rank and file homeowner?  There is a major difference as the HOA is not a democratic community government, but a corporate form of government.  And never has a corporate form of government been described as democratic.

The business parallel of “management vs. employees” in HOAs is alive and well. Management represents the HOA entity and not the members, just as management represents the stockholders and not the employees.  Legally this fact is found everywhere.  And the HOA attorney who advises the board and rewrites CC&Rs and amendments represents management and not the interests of the members.  How many times have you seen and heard “for a more productive and effective HOA” and “for the benefit of all members collectively”?   Sounds nice, but the two are not equivalent.  The board does not speak for all the members and that’s why there is member voting.

A most egregious and unconscionable act by the board and its attorney can be found in the broad rewrite of the CC&Rs where liberties are taken in favor of the HOA.  Where the homeowner again unknowingly waives and surrenders his rights and freedoms to the HOA, because the homeowner rank and file does not hire their own attorney to explain the impact of the HOA changes.

An example of how far this unconscionable activity can go involves the rewrite of CC&Rs by an Arizona CAI member attorney firm, and member of CAI’s College of Community Association Lawyers (CCAL).   In the rewrite the attorney deleted “reasonable” with regard to attorney fees and added “all”.  The attorney also did not adopt the “prevailing party” widely accepted standard of fairness, but mandated the homeowner to pay its fees regardless if the homeowner wins.  In other words, even if the homeowner had brought suit against HOA wrongful behavior and wins, he must still pay the HOA attorney fees.  Covenants that are unconscionable and against public policy are held to be invalid.

Additionally, a festering issue at the Arizona Legislature has been the awarding of attorney fees by the Office of Administrative Hearings (OAH).   The attorney uses the term “administrative law judge” as most homeowners would know that OAH does not pay attorney fees.  This blatant “squeeze it by and maybe they won’t notice” tactic is disgraceful.  Yet, in 99% of the cases heard at OAH the HOA has decided to hire the unnecessary attorney.  The HOA should pay for this unnecessary decision.

And yet many homeowners would go along with this “stick it to the homeowner” mentality.   Presumably because they see themselves not as the “homeowner” at issue, and therefore it doesn’t affect them.  But, the rewritten covenants apply to them, all of them.  And it also applies to the directors and officers who believe that this unconscionable conduct is good for the HOA in the long-term, and that it also doesn’t apply to them.  But, unjust and unfair covenants that openly serve the interests of their attorney cannot be seen as in the best interests of the HOA.

Homeowners in HOAs must decide where they stand.  For their rights or for unconscionable conduct and acts of bad faith by the HOA board and its attorney who is not your attorney.

Supreme Court justices comment on Arizona judicial integrity

Former US Supreme Court Justice O’Connor and former Arizona Supreme Court Chief Justice McGregor speak of the outstanding integrity, impartiality and fairness of Arizona judges and on the oversight entity,  the Commission on Judicial Conduct.

In contrast, this writer presents the two incidents of unquestionable violations of judicial ethics and conduct as set forth in the Arizona Rules of the Supreme Court, Code of Judicial Conduct.

The details of the two incidents can be found at If the watchdogs of the judiciary fail, it follows that the government also fails, and The State of Arizona will not protect buyers of HOA homes!