Tag: linkedin

For AZ Speaker Pro Tem is an honorable man

 Dear Arizona Speaker Pro Tem Montenegro,

 

Rep. Montenegro, you seem to have adopted the same approach as the special interest CAI lobbyists who are against constitutional protections for the people.  I cannot understand your continued support for this bill, and making false statements about all the stakeholders, holding an “ex parte” meeting with the only the special interests attending and no advocates, and alleging agreement by all “stakeholders” to the trivial amendment to a horrendous bill —  the Home Builders Assn., CAI, and its its property managers spring-off, AACM.   America is a country of the people, by the people, for the people,  not for the special interest business groups.

 

Emails in opposition to the bill were sent to you from a few homeowners prior to your ex parte meeting, any one or all of whom you could have invited to the meeting, if you were indeed a neutral party as you alleged in your false statement to COW. (Ariz. COW # 2 session of Feb. 23, 2011, HB 2441. For an anlaysis of this bill, see Analysis of AZ HB 2441, the HOA minority control bill).

 

You erroneously assert by your actions, following CAI’s propaganda, that vendor groups are equal in private property rights with the  homeowner.  No, I’m sorry, you obviously believe that these so-called “stakeholder” vendors hold more rights than the homeowner, since you neglected to include any outspoken and known opposition homeowners in your alleged “stakeholder” meeting.  This is disgraceful conduct for one who holds the position of Speaker Pro Tempore. This is the attitude expected from a fascist government where  the business of government is in supporting businesses, and the people’s rights are secondary.

 

How do you justify this bill as good public policy? You bring disgrace and dishonor on all those good and honorable Arizona legislators.  I find your position quite surprising and disturbing, and I have difficulty in reconciling it with your deep religious beliefs and involvement with the National and Arizona Messengers of Peace (not related to the UN Messengers of Peace).   “The desire of his heart is to be a vessel of honor in God’s hands.”

 

Your floor amendment is dishonorable and still allows the declarant or a minority of members to control the board and therefore the HOA, as anyone who has really looked into the real-life conditions of HOA living would easily discover.  You’ve added additional “wiggle room” wording that still permits the CAI lawyers to run to the courts and soak up those fees.  Why were you afraid to include homeowner advocates at your meeting?  Was it because we don’t count?  

 

Interestingly, Rep Burges, Chair of the GOV Committee, responded to my email on HB 2441 by noting that I had not appeared before the GOV committee to speak.  I answered her with,

 

Generally, after 10 years before the Legislature, I’ve found such in-depth exchanges do not occur at any committee hearing.  I do not understand why any legislator or committee chair does not pick up the phone and say, “Come on down and explain your email to us.”  Yet, paid lobbyists walk the halls and legislators seem always to have time for them.  

 

Your disingenuous statement is living proof of my statement to Rep. Burges.   

Anticipating such a continued bias toward HOAs by a good number of legislators, I had included the following plea to the Justices in my Feb. 1, 2011 amicus brief to the AZ Supreme Court  in Gelb, “It is quite evident that an Arizona homeowner living within an HOA governed subdivision cannot look to the Attorney General, the Legislature, DFBLS, or ADRE for due process protections and the equal application of the laws.” (See Advocate submits amicus brief in AZ supreme court appeal of HOA due process).

 

You have not served your Party or the people of Arizona well with your misguided belief that better landscaping makes a better Arizona. I will be requesting that you be removed as Speaker Pro Tempore for your unethical conduct on behalf of the special interests, and against the good people of Arizona.

 

George K. Staropoli, Pres.
Citizens for Constitutional Local Government

 

New HOA billboard warning — health hazard

HOA  Syndrome

Billboard sign Dr. Gary Solomon has put up on Boulder Highway, NV

 

Dr. Solomon has diagnosed symptoms of stress from living in an HOA.  See Psychologist defines the HOA Syndrome caused by oppressive HOAs,

Hear discussion of HOA Syndrome on OnTheCommons talk radio

To the valiant advocates fighting for HOA reforms:

Some words of encouragement on this President’s Day.

The task of educating the legislators, the courts, the media and the public as to all the factors inherent in the HOA legal scheme is a dauntless task.  Advocates have been doing battle against a fortified adversary with funds that has indoctrinated the many into accepting certain benefits, and instilling fear into the many of dire consequences.

The national lobbying trade group alleges that, if the HOA legal scheme is made to conform and adhere to our American system of government, where individual rights and freedoms come first before the objectives of the “state”, the HOA, all would be lost.  This same trade group claims to have  an educational mission, yet only instructs the people on how to live and accept the authoritarian HOA regime under its adhesion contract and under pro-HOA special laws.  Yet, it maintains legislative action committees in all 50 state legislatures to insure that its teachings and view of the new American political and social systems continues to prevail.

Do not falter, do not dishearten, as you continue to battle before the legislature for your rights as an American.  Take heart from the words of President Theodore Roosevelt in a speech made in 1910: 

 The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; who spends himself in a worthy cause; who at the best knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls who neither know victory nor defeat.

Courage, and remember:  Illegitimati non Carborundum.  Don’t let the bastards wear you down!  Gen. Joseph Stillwell, WW II.

 

Book review, fiction: HOA Murders

HOA Murders

Leon Robertson

ISBN: 978-1-257-08789-1

paperback, 365 pages

http://www.lulu.com/product/paperback/the-hoa-murders/14694349

Leon Robertson ignores the political correctness of not saying anything bad about anything, or more specifically, the unspoken alliance of “No Negatives About HOAs,” and writes this fictional murder mystery centering on homeowner association living. He reminds us that HOAs are not idealistic perfection of utopian societies warranting the existing special laws that hold them unaccountable to the state; that the subculture within them is subject to the dynamics of a society where the people are frustrated, feel unable to influence their government, and suffer from what has been diagnosed as the HOA Syndrome by psychologist, Dr. Gary Solomon.

 

In 1995, the sinister goings-on portrayed in the TV movie, The Colony was aired., where a family, after discovering “the billionaire owner’s murderous control over his ‘colony’ they try desperately to escape with their lives.”  In 1999, the X-Files TV series ran “The Falls of Arcadia” about mysterious disappearances within an HOA, which aired some of the power issues with the HOA. Now, we have HOA Murders, first and foremost a murder mystery.

 

Cleverly, Robertson begins with two murders in Pima County, Arizona that leads detectives to, at first, look at a possible border smuggling or human trafficking incident, but when subsequent murders occur involving other HOA members they begin to look elsewhere, at the goings-on in the HOA community. The story flows easily with the skills of an accomplished story-teller.

 

The following dialogue is of note, as the Arizona Legislature has been rejecting the enforcement of the law that public streets belong to the public and not to the HOA. The investigating detectives pull up in front of the widow’s house, a unit in Fantasia HOA, and are met by a woman who tells them, “No parking on the streets.” The detective replies, “There’s no yellow marker, so you can’t tell people not to park here.” She replies, “The HOA can,” and the common HOA government dialogue continues.

 

And of course, shortly thereafter, we have the arrival of the HOA president demanding to know what was going on. When asked by the detective if the murdered person had any problems with the neighbors, the garrulous president became very quite. “Well, there was a problem with sun screens and we had get a lawyer involved” was the response from the president.

 

Robertson has accomplished a dual feat: an intriguing murder mystery involving the behavioral and private property restrictions by de facto, but unrecognized HOA governments; and a must for a movie. He has informed the public, through this all too believable story, that HOA living has its perils and there needs to be accountability to the state more so than a typical non-HOA community.

AZ legislature falls for CAI lobbyist ramblings – HB 2441

I just watched the Arizona CAI lobbyist, Kevin DeMenna, spew forth misleading statements and irrelevant  ramblings in support of HB 2441, before the AZ House Government Committee on Feb. 8, 2011, in an excellent example of professional spin.  And the committee members bought it, lock, stock and barrel with its 8 – 0 vote. Based on the few questions asked by the committee members, apparently all that counts is the information provided by paid special interest lobbyists, and the statements by informed and knowledgeable citizens are given scant attention.

  

Were the members sleeping when DeMenna stated at the very start that, “We are are the managers and association boards’ duly elected . . . and what have you.”  (That’s a technique in advertising to avoid fraudulent advertising). Obviously,  no committee member read or understood my plain language that CAI is a business trade organization not permitted to have HOA members, and that all those “volunteers” do not speak for their HOAs. 

 

I had emailed the committee my detailed analysis of the bill (Analysis of AZ HB 2441, the HOA minority control bill), and wrote again in my 2/6/11 email saying,

  

However, for years CAI attorney lobbyists have been misrepresenting that they speak for HOAs and is homeowner members.  HB  2441 continues this misrepresentation and interference into the HOA CC&Rs contract for the interests of attorneys, and not the HOA or its members.  CAI AZ spends more money on lobbyists activities than on its educational programs, which is the stated basis for its tax exemption. (See its 990 EZ).

  

Apparently, the democratic process previously extolled by CAI means little to them in regard to HB 2441 where CAI supports the position that  a minority can take away the private property rights of the homeowners without their consent. DeMenna gave false and evasive replies that the courts will uphold a validly enacted amendment.  Section 3.1, Validity of Servitudes, of the Restatement (third) of Servitudes clearly states that covenants are not valid if they are unconstitutional, contrary to public policy or are unreasonable.   DeMenna easily misleads the committee with his false analogy of legislature’s frequent interference with contracts across the state in Santa Cruz and Cochise counties, which are not private contractual governments!  (More slight of hand).  Of course, the CAI lobbyist first slicked them with an admission that HOAs are “in effect, little tiny, mini-governments.”

  

The DeMenna & Associates Ethics web page proudly states that, “we will consistently uphold the highest standards of personal integrity” and “will always do our best to win.” DeMenna’s conduct before the committee reflects the extent to which he will go to win, and his ethical standards.

 

In my amicus curiae brief in the OAH constitutionality challenge before the AZ Supreme Court (Gelb v. DFBLS, CV 10-0371-PR)  I wrote, justifiably with respect to this astonishing vote,

“It is quite evident that an Arizona homeowner living within an HOA governed subdivision cannot look to the Attorney General, the Legislature, DFBLS, or ADRE for due process protections and the equal application of the laws.”

 

 Source:  House Archives. Click on “video” for House GOV, 2/8.

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