Tag: linkedin

HOA Enlightenment Movement is forcing legislatures to protect property values

More and more homeowner rights advocates are realizing that bad media coverage is hurting property values.  They are demanding their legislature to stop the abusive, rogue boards that are giving HOAs a bad image.  The HOA Enlightenment Movement, the surging awareness that HOA regimes have serious legal problems, is the long delayed confrontation with reality that is a “wakeup call” for the legislatures. 

This “no negatives about HOAs” unspoken alliance that has served the industry’s special interests by keeping things under wrap, and not letting the sunlight expose these legal issues that include violations of constitutional law, is collapsing.  The legislatures can no longer stand by with impunity and support the HOA industry through their cooperation, coercion, close nexus in HOA operations, and denials of the equal applications of the laws of the land.  Only just and fair laws will stop the negative exposure of HOA regime un-American conduct.

In Florida, Cyber Citizens for Justice, Jan Bergemann, President, calls the legislature’s attention the following issues:

1. Florida’s economy hinges on a healthy real estate market. Many new retirees, snowbirds and investors are needed to create a healthy real estate market.

2. The nightmare of living in an HOA is hurting our state’s image of retirees moving to Florida to live a hassle free life style.

3. Reforms should create more consumer protection, making Florida again attractive for potential buyers of homes and condos.

In North Carolina, the National Coalition for Homeowner Association Reform group, Jim Lane, Founder, wrote to the legislature,

“Our homes and neighborhoods are at stake — as of now 50% of Homeowners who don’t want an HOA begin to ‘bail out’ of their HOA homes and Buyers go elsewhere, while Property Values go down.”

And in Nevada, newly appointed member of the HOA Ombudsman commission, Bob Frank, is asking the legislature for constitutional protections:

Attached is a BDR intended to help improve HOA property values in Nevada by solving HOA management problems. . . . It is proposed to be labeled the ‘HOA Property Values Enhancement Bill.’ . . . The future speed and depth of recovery of our HOA property markets may depend on this initiative. I believe that most people in this state will be very grateful if you can get HOA contracts bound to our US and NV Constitutions.

Investigative reporter Ward Lucas also echoes this concern for subjecting HOAs to the constitution as is required of all government entities.  In his new book, Neighbors At War!, which is not a book to laugh at but a serious expose of HOA life and what can happen to naive homeowners, he writes,

Your constitutional rights are being secretly shredded . . . A tiny but growing band . . . is at last beginning to say, ‘Enough!.  They can no longer stomach the kind of meaness that can destroy the reputation of an entire neighborhood.  The World Wide Web is giving them a forum they didn’t have before.

It’s only through the challenging, confrontation, and exposure by The Enlightenment Movement followed with the demand for just and fair laws can change be achieved.  Advocates must continue to enlighten state legislators and demand change.

Additional reading on why homeowners are apathetic, aside from the fear of affecting property values, and allow the oppression and injustice to control their lives, see Hign Noon in HOA-Land: members who permit lawless boards to function.

CAI attorney appeals to HOAs to challenge AZ ALJ due process statutes

Arizona CAI member, and president (as of Jan. 1, 2013) of its College of Community Association Lawyers, Scott Carpenter, makes several misleading statements about the constitutionality of Arizona’s Office of Administrative Hearings adjudication of HOA disputes.  (Top 10 Legal Issues for 2013 video seminar).

Speaking of the constitutionality of the statute, Carpenters states, “We took it up to the court of appeals and the supreme court of Arizona and they said this whole process is unconstitutional.”  He appears to be speaking about the 2008 Gelb v. Casa Contenta HOA in OAH, the only one that was eventually appealed to the Arizona Supreme Court. The case was won by the HOA, but Gelb appealed to the superior court. In superior court the HOA attorney, the winner, challenged the constitutionality of the law in a case that its client had already won! What was the real purpose of the appeal? For the HOA or for CAI and Carpenter.

Allow me to clarify the events relating to Carpenter’s obsession with OAH due process for homeowners. It was the third OAH challenge by Carpenter in his attempts to shutdown OAH adjudication. The first was held to only apply to the HOA in the decision in question. The second was held to apply by a superior court default decision to all HOAs, but Carpenter needed an appellate decision in order for the unconstitutionality ruling to become precedent, binding, on all Arizona HOAs.

 While he got his appellate decision, Gelb appealed the decision to the Arizona Supreme Court.  I filed an amicus curiae brief to inform the Court of certain facts relating to the conduct of the HOA attorneys and lower court decisions.  (See Advocate submits amicus brief in AZ supreme court appeal of HOA due process).  In spite of Carpenter’s misleading statement,the SC did not hear the appeal, but issued an order that the Gelb appellate decision of unconstitutionality was not to serve as ANY precedent, and thus not binding on future cases. Carpenter didn’t get what he wanted

                                                                                           

MINUTES No. 3161 (May 24, 2011) Arizona Supreme Court   CV-10-0371-PR

 GELB v DEPT OF FIRE BUILDING AND LIFE/SEDONA CASA

Court of Appeals Division One 1 CA-CV 09-0744

 

ORDERED: Appellant’s Petition for Review = DENIED.

FURTHER ORDERED: The Court of Appeals’ Opinion shall not be published,

pursuant to Rule 111(g), Arizona Rules of the Supreme Court.

 

(The appellate decision shows as a MEMORANDUM).

 In regard to the OAH bill becoming law, Carpenter brazenly declares a conspiracy to pass this law saying “When the executive and legislative branch conspired together to deprive the judicial branch of their essential role . . .” Talk about a loaded statement that the sponsor, and now Senate President, Andy Biggs and Governor Brewer would love to hear, especially when Carpenter adds, “It is still unconstitutional.” This is pure one-sided opinion, an ipse dixit – no supporting arguments.

 Carpenter finally makes his real motives plain, in this video, when he encourages people to file suits to raise a constitutionality challenge to the new 2011 law. He also laments that “the whole process is contrary to HOA law” in regard to the payment of attorney fees, implying some sort of superiority of restrictive covenants over constitutional law. He fails to fully inform his audience and viewers of the fact that attorneys are not required at OAH, and that it’s the HOA’s decision to spend and pay for these unnecessary fees.

 

Learn to accept and love your HOA — It’s here to stay.

In the one week since seeking support for a White House petition to declare people living in HOAs still citizens of this country, only 50 have submitted a petition. I would like to thank those special 50 persons who took a simple step to fight for their rights. And your rights, too.

Homeowners living in HOAs and the people at large have spoken, or more correctly, have spoken with their silence. Homeowner rights advocacy is a myth, as is the America being taught to your children or grandchildren in public schools. At the local government level, government by business driven, profit-seeking organizations with their adhesion Declaration of CC&Rs contracts are becoming the norm for local government in America.

Political scientists like Robert H. Nelson, and none other than The Goldwater Institute in Arizona, have supported  local government by restrictive covenant contracts that are not subject to the US Constitution.

Over the years I’ve tried to present, discuss and explain the fundamental issues of our constitutional democratic government with respect to homeowners associations.  There is nothing more I can say or do.  You have spoken.

Welcome to the New America of HOA-Land.
Learn to accept and love your HOA. It’s here to stay.

You were given a Thanksgiving gift — the White House HOA petition

Earlier this month the people voted and chose the direction that this country should take. Today, YOU can choose the direction that you want HOA private governments to take by signing the We the People petition.

We are asking Washington to declare that the people in HOAs are still US citizens with all the rights, freedoms, privileges and immunities of citizens. Or, by not signing this petition you are choosing a continuance of another 48 years of “same ol’ same ol.’”

It is a well documented fact that state legislatures have not and do not support your rights and freedoms once you buy into an HOA. It is a well documented fact that state legislatures permit HOA de facto governments to deny and strip you of your rights. Their justifications fail to meet accepted US Supreme Court tests of the surrender of your rights and freedoms.

Only the Federal government can act to put things right. Our petition is a simple request that HOAs be subject to the US and state constitutions like all other governing bodies – towns, villages, cities, special districts, etc. This is not a democrat/republican or conservative/liberal issue, but a legitimate argument to uphold the people’s rights and freedoms as set forth in the US Constitution, the Declaration of Independence, and the Bill of Rights.

Only your voice can make things happen! Speak up today! Your submitted petition is needed to help set things back on course as the Founding Fathers intended. Your submitted petition is needed to create a dialog between the people and their elected representatives in Washington.

Submit your petition at http://wh.gov/IlTM   (Expired Dec. 21, 2012 with a pitiful 76 petitions).

Have a Happy Thanksgiving!

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