Tag: organic law

HOA-Land Organic Laws

Organic Law is “the set of foundational laws or regulations, like those in a constitution or charter, which establish the essential framework of a government.” It is the fundamental basis of a government.

The U.S. Code defines the organic laws of the United States to include the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the U.S. Constitution. (See US Statutes At Large, 1789 –1875, Vol. 18, Part I, Revised Statutes (43rd Congress, 1st session), p. v and vi).

In contrast, The Homes Association Handbook and UCIOA constitute, in my view, the organic law for HOA-Land. Together with their derivatives, as applied to HOA Declarations, they set the HOA’s  political tone and governing policies, which clearly rejects the US Constitution as the law of the land.

National defender of HOA-Land legal structure, Community Associations Institute, CAI, had this to say in its amicus curiae to the NJ appellate court in Twin Rivers (2006).

“In the context of community associations, the unwise extension of constitutional rights to the use of private property by members (as opposed to the public) raises the likelihood that judicial intervention will become the norm, and serve as the preferred mechanism for decision-making, rather than members effectuating change through the democratic process. [p. 19].”

Preface to HOA Common Sense

PREFACE

The title of this pamphlet, “Common Sense,” was chosen to identify and relate to the aims and purposes of the original 1776 pamphlet by Thomas Paine, Common Sense. Prior to the American Revolution it was Paine who provided the reasons and justifications for overthrowing the oppression government of King George III. He raised the consciousness of the colonists as to their second-class citizenship with respect to the British Empire, and something had to be done about. It was widely read by the Founding Fathers who did do something about it.

With a similar object in regard to oppressive, authoritarian HOA regimes, I present a summary of the essential issues that must be similarly remedied to bring about substantive changes to planned community/condo private governance.

Clarifications of meanings and concepts

A nation consists of a distinct population of people that are bound together by a common culture, history, and tradition who are typically concentrated within a specific geographic region. The common, binding element of HOAs is its organic law foundation, from which flow all state laws and the declarations of CC&Rs boilerplate, is based on The Homes Association Handbook of 1964.


An HOA is the governing body of a condominium or planned unit development (PUD) functioning for all intents and purposes as a de facto local political community government, but not recognized as such by state governments.

An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization’s body of rules. A constitution is a particular form of organic law for a sovereign state. The US has indeed a set of documents constituting its organic law.

Definition of HOA-LAND: HOA-Land is a collection of fragmented independent principalities within America, known in general as “HOAs,” that are separate local private governments not subject to the constitution, and that collectively constitute a nation within the United States.

Read the book: HOA Common Sense: rejecting private government, a summary of 6 constitutional defects.

Lost Constitution webinar #3 available

Veritas para justitia

(truth for justice)

The Restoring the Lost Constitution to HOA-Land webinar introductory series has concluded with #3.  The accompanying # 3 script here: here.

The three introduction to the Plan videos can be found here:

#1, https://vimeo.com/421950279
#2, https://vimeo.com/426813340
#3, https://vimeo.com/427795232   

It can be viewed here:  https://vimeo.com/427795232 and

The overall intent and purpose of this webinar series is the education and reorientation of HOA members, especially the board of directors,  to long ignored issues of constitutional validity; issues that the public will not find in the propaganda from the Evil Empire. It is an introductory presentation and  required reading to better understand my proposed action plan set forth in A Plan Toward the Restructuring of the HOA Model of Governance, now on Amazon.com[1]

I continue to read that more and more homeowners are surprised why they lose in court, and before their legislature and before their board of directors.  I believe that a good part of these failures is because the issues at hand run very deep and are not the superficial day-to-day operational issues facing homeowners, not that they are not important.  The successful resolution can only come from standing behind the broadest levels of authority and exposing the many violations by our elected officials at all levels: the US Constitution, the Bill of Rights and the Declaration of Independence which constitute the organic laws of America.[2] 

Every argument not raising these democratic principles is a tacit recognition that serves to accept the validity and constitutionality of the HOA legal scheme and governing model, and of the laws in support of HOA-Land.  You lose from the start!

Notes

[1] Visit Amazon. (June 11, 2020).

[2] Organic law is the fundamental basis of a government. The Homes Association Handbook and UCIOA constitute, in my view, the organic law for HOA governed planned communities. In contrast, the U.S. Code defines the organic laws of the United States to include the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the U.S. Constitution. (US Statutes At Large, 1789 –1875, Vol. 18, Part I, Revised Statutes (43rd Congress, 1st session), p. v and vi). The organic laws of HOA-Land are replacing the organic laws of the US as applied to local government.

What is this “association law” thing all about?

In the TimesDispatch internet column, “Housing”, two attorneys talk about “association law” (Mercer, Trigiani are guiding voices in homeowner association law). They are real estate attorneys. 

He [Mercer] and his business partner, Lucia Anna “Pia” Trigiani, with offices in Alexandria and Richmond, are considered the top Virginia lawyers in their field, their peers say. . . . “They are a major force in what goes on with association law, and they are equally good at what they do,” [a real estate attorney] said.

But the featured spokesperson, Trigiani, is not identified as a CAI member who received an outstanding person award this past April from CAI, the national lobbying organization for HOAs, the Community Associations Institute.

Lucia Anna “Pia” Trigiani, Esq., a principal with the Virginia-based law firm MercerTrigiani, received one of CAI’s most prestigious honors April 19 at the organization’s 2013 Annual Conference and Exposition. (Trigiani, Dyekman Among Members Honored by CAI).

What is not made clear is just what association law is?   It is not a recognized classification of law, but one promoted by the legal-academic aristocrats and CAI.  (“Community Association Law Seminar, Jan. 23–25, 2014 | Las Vegas, NV.”)  The massive Restatement of Law series consists of some 96 volumes covering 26 categories of law, but no “association law” category.  In fact, laws pertaining to HOAs and covenants/servitudes, the legal basis for HOA authority, can be found in the Property: Servitudes series.

From my research into HOAs reading law encyclopedias, treatises, journals, court cases, legislation, articles and books — I’m not claiming to be an expert, but well read — association law appears to be a conglomeration of constitutional, property, contract, corporation and tort law.  These laws are cherry-picked to support the legitimacy and validity of the Declaration of Covenants, Conditions and Restrictions (CC&Rs) that is the fundamental basis of HOA legal authority.  Whatever aspect of each of these laws that serves to support HOAs is incorporated into association law. Where there are conflicts with laws or contrary laws they are ignored, or association law is declared superior, or first modified and then incorporated into association law. 

Attorneys like to promote association law as sui generis, or a unique thing in a class of its own not subject to other laws.  This new thing, this association law, is an attempt to establish as legitimate and binding a new set of laws that conflict with and repudiate the Constitution.  Laws that distinguish and repudiate the fundamental principles of our system of government and principles of justice, derived from the organic law of this country – the US Constitution, its Bill of Rights, and the Declaration of Independence.  And for obvious reasons — for domination, power and control.

In his seminal book, Privatopia: Homeowners Associations and the Rise of Residential Private Government, Even McKenzie wrote in 1994,

HOAs currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments. . . . The balance of power between the individual and the private government is reversed in HOAs. … The property rights of the developer, and later the board of directors, swallow up the rights of the people, and public government is left as a bystander.

And this is the purpose in establishing “association law” — to avoid constitutional protections, to deprive people of their life, liberty, or property  without due process of law, and  to deny homeowners of the equal protection of  the laws that apply to all public bodies.

 

See  The questionable role of HOA attorneys