Tag: legislature

Constitutional intents and purposes: HOAs vs. America

The Preamble to the US Constitution contains the intentions, purposes, and guiding principles of the Constitution.

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence [sic], promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The constitutions, commonly known as the CC&Rs or Declaration, of the HOA private government regimes, while not standardized, contain the following intents and purposes:

 

  • All contain: To maintain property values
  • Most contain: to enforce the provisions of the CC&Rs (more commonly found in the powers of the HOA or Board of Directors)
  • Some contain: to promote the general welfare and well-being of the community
  • A few even contain: subject to the US Constitution, which is meaningless, as is currently held, the Constitution does not apply to privately contracted governments

 

Since the CC&Rs, the HOA constitution, is held to be contractually binding, sight unseen, we must apply the common meaning of the explicit, written words and avoid applying meanings and intents not explicitly set forth. If there are some vagueness to the meanings of the explicit wordings, then the intent of the drafters of the CC&Rs are investigated in order to obtain some guidance in the intended meanings of these vague wordings. This is the standard judicial procedure for interpreting contracts.

 

It is plainly obvious from the above that the HOA constitutions are lacking in several relevant objectives of substance: establish justice, insure domestic tranquility, and secure the blessings of liberty. Legally, one cannot apply political and governmental intentions that are no where implied in any manner whatsoever, such as these silent objectives.

In other words, there is no legal obligation on HOA boards to be just, to insure domestic tranquility, or to allow for the exercise of your liberties. To demand these non-HOA rights and freedoms carries no weight in the courts, unless, as a result of specific legislation or a court holding, a specific right is restored to homeowners in HOAs. This is the intent of substantive reform legislation — removing second-class citizenship.

 

It is also plainly obvious from the nature of reform legislation, lawsuits, and the public statements and positions of the pro-HOA supporters that the HOA board is not concerned “to insure domestic tranquility,” or “to promote the general welfare,” or to “secure the blessings of liberty.” They are not legally bound to do so, nor can constitutional governments demand such concerns without declaring the HOA regime a state entity subject to the 14th Amendment as required for all government entities.

 

And, as long as the courts and state legislatures stand behind the myth of a valid waiver or surrender of your rights, especially those not implied, or a reasonably expected waiver, or those not even remotely found in the HOA constitutions, good people in HOAs are governed by the independent HOA principality.

 

This is the current state of affairs in America today.  Only the voice of the people, your voice, can bring about change.

HOA Kindle books

I have compressed and summarized my research on HOA constitutional  issues over ten years and have produced several Kindle books for a comprehensive understanding of the issues.  The historical basis for the current version of utopian societies begins with a review of The Homes Association Handbook of 1964, and the history of Community Associations Institute.

I’ve tried to bridge the gap between the writings of the academic,  political scientists and the people, and present and clarify the constitutional issues facing the curent HOA hegal scheme.

The following Kindle ebooks are available for downloading

2.

The Foundations of Homeonwers Associations and the New
America REVISED by George K. Staropoli (Kindle Edition – Oct 14,
2009) – Kindle eBook

Buy: $5.95
Auto-delivered wirelessly

3.

Establishing the New America: independent HOA
principalities by George K. Staropoli (Kindle Edition – Jul 17,
2008) – Kindle eBook

Buy: $15.95
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4.

Understanding the New America of HOA-Lands by George Staropoli (Kindle Edition – Sep 24, 2010) – Kindle eBook

Buy: $8.95
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The hostile face of Arizona’s DFBLS to HOA dispute resolution

So I now ask, as the DFBLS website still informs viewers that there may be a fee increase, placed there soon after SB 1148 became law, “Why is there this heightened concern for HOA filing fees and not other fees? Have the pro-HOA special interests been at work making suggestions to, or whispering in the ears of, DFBLS Director Palma to increase the fees as part of their effort to stop justice for homeowners in HOAs? The same group that lost 42% of their cases before OAH, who had finally brought down the 2006 law as unconstitutional, and now threatens to do so again with SB 1148.

 

Please note that DFBLS is not listed inder ARS 41-1092(7), definitions by name of agency, as a “self-supporting regulatory agency”  . . . In fact, according to its minutes, the arguments for a fee increase were rejected by the JLBC on November 15, 2006.

Under the DFBLS web page, Homeowners Associations, why is there no information being provided to homeowners who may seek to file a complaint, except to have them read the law? Why is there no email contact provided for the public? For a $50 fee, DFBLS provides plenty of information under its mobile home obligations. And much, much more under its Fire Marshall and Manufacturing obligations.

Why is DFBLS presenting this hostile face to homeowners in HOAs seeking justice under the law?

Read the complete Commentary at DFBLS Hostility

the Truth in HOAs poll message is quite clear

In the Introduction to the Gutenberg Press ebook publication of Aristotle’s Politics, A. D. Lindsay wrote, “The existence of force is for Plato and Aristotle a sign not of the state but of the state’s failure. . . . the state represents their common agreement, force their failure to make agreement complete.”

The champion of the people, Thomas Jefferson in his 1801 inaugural address, stated, “That though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possesses their equal rights, which equal law is to protect, and to violate would be oppression.”

Evan McKenzie, in Beyond Privatopia, warns that, “Shifting political authority to relatively invisible boards of directors who are basically beyond democratic accountability but who control enormous amounts of money may be a dangerous practice.”

In contrast to those CAI, industry sponsored “satisfaction with HOA” surveys, a very direct and simple poll is being conducted on the internet. It addresses the issues of the legitimacy of HOA governance in regard to the validity of a genuine consent to be governed, and a surrender or waiver of an individual’s rights, freedoms, privileges and immunities. It asks the readers directly, ”Would you sign, or would have signed, the Truth in HOAs Disclosure Agreement?” (See Truth in HOAs disclosure poll — please vote your conscience<.

After just 4 days, the results have shown a steady outcome, with at this writing,

  • 83% responding to, “NO — Would anyone in their right mind knowingly sign such an agreement?”

  • 16% responding to, “NO — I won’t agree to accept such conditions although I want to protect my property values.

  • And one lonely vote for, “YES — I readily accept the conditions, and I want to protect my property values.”

  • and no responses to, “YES — I had no choice for comparable housing, so I accept the conditions.”

The absence of any support for choosing an HOA for its alleged property value protection must be noted. This absence allows for some important conclusions. Nobody has gone on record, even anonymously, to support what many have expressed as the outrageous propaganda by the pro-HOA factions in our society. This propaganda, in its fullest argument, declares that the people openly embrace the HOA concept and fully and knowingly consent to be governed by the HOA regime in every way. The lack of any supporting response, however, seems to indicate some embarrassment of having to admit to a falsehood. To indicate some feeling of guilt. A realization that if they respond YES that they will be rejecting our democratic system of government for empty promises of a few pieces of gold So, they cannot admit to it by voting YES.

It is also interesting to note the 16% response to rejecting the Agreement, but affirming the desire for protecting property values. Not presented here, but there are other means of providing for the HOA benefits that do not violate our principles of democratic government. One such proposed mechanism exists today, but the people have been conditioned to accept repressive private government over no public government with all its protections. (See my 2004, A proposal for the “Muni-zation” of HOAs; Stop developers from granting private government charters<.

It appears, in spite of outcrys and laments of defending the Constitution, that state legislators have adopted the attitude of the Emperor’s council of advisers in The Emperor’s New Clothes, and allowed themselves to be swayed by fast talking self-anointed pundits. They have allowed this state of affairs to exist, and to continue to grow. Example: in Beyond Privatopia McKenzie tells of a Madison, MS ordinance (10-406.14, 2006) that makes it unlawful to violate the CC&Rs and allows the HOA to file a civil court complaint.

And he presents the first steps in an explicit symbiotic relationship between cities and HOAs with the creation of a “Congress of Neighborhoods<"in Gilbert and Chandler, AZ that “formally links cities with associations” in a number or areas, including HOA educational seminars. How about constitutional law and government 101 seminars? None. The “Congress” sounds like the beginnings of The United HOAs of Arizona

The message of this Truth in HOAs Disclosure Agreement poll is quite clear. And again I ask, “Who will protect the people from powerful factions?”

CAI firmly supports the New America of HOA-Land

This issue of the Community Association Institute’s house organ, Common Ground, has the strongest language for the triumph of private agreements to supersede the US Constitution, making the Constitution a meaningless piece of paper, a meaningless document, and an empty compact between the people and the state. “The right to regulate activities within a community association is an embodiment of our constitutional rights to enter into agreements with our neighbors” so proclaims CAI. It implies that the community association is just another corporate entity, and not the governing body that regulates and controls the people within its borders, which is the essential ingredient that distinguishes a corporation from a political government, a state.

CAI is falsely arguing that anybody can write an agreement to circumvent the Constitutional protections that forms the basis of our political system of government. In essence, CAI is advocating the rejection of the Constitution as the supreme law of the land and you and your neighbor can draft a new constitution as you see fit, ignoring the original Founding Fathers document. And so can another group, and another, and another, and so on. Why Is CAI arguning so? Perhaps because as private organizations, HOAs are not bound by the Constitution and can do as they please – the Constitution be damned!

CAI bitterly complains in this piece about one “disgruntled resident “[who] used the power of government to limit the freedoms of association residents” and caused Arizona to use its legitimate police powers to regulate people and organizations, and to protect the constitutional free speech rights to fly the Gadsden Flag in HOAs

And, seemingly desperate, CAI lets its readers know where it stands: The one constant is that your colleagues at CAI, working through 33 state legislative action committees, are fighting to protect associations and ensure a healthy business environment for the companies that support our communities” (Emphasis added). CAI does not stand for the people, but for the undemocratic governing body of subdivision territories known as homeowners associations. And, CAI says it loud and clear, making it quite explicit: CAI is “fighting to . . . ensure a healthy business environment for the companies that support our communities.”That is, for their members, the lawyers and their self-proclaimed professional management firms. Let the Legislators hear well!

CAI is firmly behind the New America of HOA-Land of independent principalities unaccountable to any state in the Union. A balkanized hodge-podge of independent “city-states, under a parallel constitution known as the Uniform Common-Interest Ownership Model Act (UCIOA) and its variants across this country. Brought to you by the legal-academic aristocrats who have avoided any discussion of secession or repudiation of the principles of our American system of government. But, running to the state for protection as any principality must do. And the civil government of the state abdicates its duties under the US and state Constitutions, and protects these regimes against its own citizens.

“Fees, Finances and Flags,” Common Ground July-Aug 2011, CAI.