Tag: legislature

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)

Amazon Reviews of Collected Writings

One small step for CK, one giant leap for Americans in HOAs

by supporting HOA reforms with an   AMAZON Customer Review

CK — 5.0 out of 5 stars For every American, the essential book on understanding homeownership in private communities.  Reviewed in the United States on February 15, 2024

“I’ve known of and been a follower of Mr. Staropoli’s writings for many many years. What a gift this book is to Americans who seek knowledge, truth, transparency and clarity!”

Back cover HOA Constitutional Government

Please consider submitting a review on Amazon as  short as the above, or more detailed as you would like to say. In your own words. If you read the book, great! If not, please read the Description on Amazon and view the Preface sample selection to help your thoughts.

If you decide to submit, include your credentials – social media group or webpage — to promote your  advocacy nationwide on Amazon along with others.

Will the AZ Legislature reject the Constitution: does the HOA control public streets?

Thanks to Dennis Legere of AZ Coalition, AZ HB 2470, as far as I can tell form LegiScan, there are no amendments to this bill. Interpretation: caps are new provisions; strikeouts are deleted.

“33-1818. Community authority over public roadways  A. For any planned community for which the declaration is recorded  after December 31, 2014 and Notwithstanding any provision in the community  documents, after the period of declarant control A GOVERNMENTAL ENTITY  ACCEPTS THE TRANSFER OF OWNERSHIP OF COMMUNITY ROADWAYS FROM THE  DECLARANT, an association has no authority over and shall not regulate any  roadway for which the ownership has been dedicated to or is otherwise held  by a THAT governmental entity.”

Sections (B) and (C) of ARS 33-1818 are deleted in their entirety. Note that there is no “IF” qualifier meaning that the bill is a mandate for state action. The bill states the law for all HOAs.

As of this date its sitting in the Rules committee. It must pass Rules in order to go to the floor for a House vote. Then again in the Senate. Therefore, advocate Call To Action is to email the House Rules Committee members and argue to pass on the bill for a floor vote. Let all the Representatives have their democratic say.

Historically, this control of public streets issue  started back in 2014. A comprised solution was found in  2014 (I was then involved with Sen. Barto) that split who controls into 2 time zones. If HOA formed after 2014 the municipality controls, otherwise control status remains as of 2014. The only active and relevant HOA, or pseudo, HOA was Sun City West — Up until 2025. STAY AWAKE, more coming.

The new bill, HB 2470, amends a technical correction amendment of 2023 (HB2298, CH. 84)) relating to ARS 33-1818. It stated that HOAs formed prior to January 2015 must call for a vote of the members to retain the HOA’s control of public streets within the HOA. Only if it already “regulates any roadway,” which I believe is only Sun City West – those  retirees.” (My HOA falls into this category, before 2015 with public streets, but not regulating them).

This bill makes it clear that once the developer/developer turns the streets over to the state, HOAs have no control over public streets within the HOA. A solid stand in support of the AZ Constitution and the laws of the land. Obviously, an HOA with no public streets is still possible, and the HOA bears all costs for the street.

There 98 RTS entries FOR the bill, and 30 opposed, including CAI, the League Of Arizona Cities & Towns, the towns of SURPRISE,  Gilbert and Goodyear.  I recognize some opponents as being individuals who are CAI member attorneys: Lynn Krupnik and Jason Smith.

This bill is really a power struggle between CAI and state enforcement of  the Constitution. Why then is CAI once again vehemently in support of private government HOA control of public streets and not the state when there are existing laws that would meet an HOA’s objective?  Specifically, seeking a variance from their local planning board, and in general creating HOAs under Arizona’s Home Rule statutes, which makes them  a municipality. Why? Because the real import of the bill is CAI’s control of HOA-Land without state oversight. One aspect of a slow death to a democratic America.

collective writings — immediate release

FOR IMMEDIATE RELEASE                 Contact: George K. Staropoli, 602-228-2891

The battle for HOA Constitutional Government

Surprise, AZ – February 1, 2024 — For over 60 years, since 1964, the controversial issue as to the validity and constitutionality of Homeowners associations (HOAs, PUDs, POAs, condos) has been ignored by state legislatures, attorney generals, the judiciary, and the media.

In order to set the record straight and to educate and reorient the policy makers, the constitutionality of HOAs is raised in the collective writings of long time HOA reform activist and nonlawyer, George K. Staropoli. In his  January 9, 2024 published HOA Constitutional Government: the continuing battle,  he has presented 56 of his 1,300 social media posts over his 24 years as a reform activist.

These posts – as originally written and not as legal advice or opinion — contain his views based on documented legislation, case histories,  statements and various releases by the parties including the lobbyist entity, in their  own words.

The case is made that 1) the HOA declaration of CC&Rs is ab initio unconstitutional and invalid; 2) the CC&Rs are a devise to escape the application of constitutional protections; 3)  HOAs are permitted to do things municipal governments are not allowed; 4) there is no genuine, valid support for “agreed to be bound” under the application of equitable servitudes constructive notice doctrine; and 5) the judiciary has failed to educate  judges and law students on laws and principles affecting the HOA legal scheme.

It is argued that this irresponsible state of affairs is primarily the result of the dominance and influence on the policy makers by the national HOA lobbying trade group.  All the state HOA “Acts” and laws constitute “new law,” and the HOA legal scheme has been treated as sui generis; mixing laws of the land with new meanings and definitions to sell the HOA legal scheme to all Americans.

These Acts are nothing more than parallel laws to the Constitution, and superseding the Constitution in many court decisions. In a selected entry Staropoli quotes CAI’s brief to the NJ court in 2006:

“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.”

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Get HOA Constitutional Government – amazon.com

HOA Constitutional website: http://pvtgov.info. Staropoli has had his per se AZ Supreme Court amicus briefs challenging HOA constitutionality accepted by the court.