Tag: plan to restore constitution

Biden must order law colleges to uphold HOA content-neutral free speech

“We must make the injustice visible” Mahatma Gandhi

Can Americans look forward to any improvement in the application of the 14th Amendment equal protection of the laws and due process protection of their constitutional rights as a citizen?   I do not think so when college law students, especially those wishing to be competent and knowledgeable constitutional lawyers, are not educated in the unconstitutional aspects of the presumptively invalid declaration of covenants, conditions, and restrictions (CC&Rs). The CC&Rs are in reality the HOA subdivision/condo “constitution.”

Justice Ginsburg stated in her equal pay for women dissent that,

“Title VII [Employment equal pay for women discrimination act] was meant to govern real world employment practices and that world is what the court [US Supreme Court] ignores today.”

This is very same attitude by the courts with respect to what is really happening in the real world of HOA-Land; the courts do not have any understanding of homeowner constitutional issues.  Otherwise how could it deny constitutional protections?  What are the factors that blinds them to the ab initio unconstitutional CC&Rs?

I keep waiting for an illustrious constitutional lawyer or political scientist to rise to the level of Ginsburg and uphold the original intents and purposes of the US Constitution as stated in its Preamble.

Could it be that the law colleges are also intentionally blind to the constitutional issues plaguing HOAs since 1964 when the “bible,” The Homes Association Handbook, was published?  For example, ASU’s Sandra Day O’Connor School of Law does not provide library references to these issues and insists on only listing the materials based on the CAI School of HOA Governance; by the national lobbying arm supporting the HOA legal scheme of today.

Have the law schools been indoctrinated into accepting CAI’s self-interest perspective and treat HOA-Land as an institution, accepting that is the way it has always been?  The judicial system, the law colleges, the legislatures, the Uniform Law Commission (UCIOA), the media, and the public in general all need to be deprogrammed!

I do not believe other prestigious law colleges include HOA unconstitutionality as an item in their degree programs. Unconscionable!

For more information on deprograming and reorienting HOA-Land indoctrination, see my publications and web page Commentaries:

HOA bill of rights history updated
ASU Law ignores content-neutral free speech for HOAs
Uniform Law Commission rejects subjecting HOAs to Constitution
The HOA-Land Nation Within America (publication, 2019)
A Plan Toward Restoring the HOA Model of Governance (publication, 2020)
See restoring HOA Constitution Plan FAQ

Uniform Law Commission rejects subjecting HOAs to Constitution

Today I received a telephone rejection from ULC on my proposal for an HOA Members Bill of Rights.  It comes a day after my Commentary on ASU Law silence containing a statement that there has not been a ULC response, some 3 weeks after ULC’s Oct. 29 meeting.

“I am waiting for a response from The Uniform Law Commission (ULC) that is drafting updates to UCIOA. Its Scope Committee is reviewing my request for ULC study of my proposal for an HOA Member Bill of Rights; it will meet again in January.”

Nothing in writing, nothing formal, just a phone call. The essentials of the call, after a short debate where we could not reach an eye-to-eye understanding of what my point was, is very disappointing.

“I appreciate your call and our discussion on my rejected proposal.  I think we are too far apart at this time: ‘not functionally useful for lawyers,’ and ‘not workable.’”   The Scope Committee and editorial board “had difficulty in seeing HOAs as a government.”

In this call I stressed my proposed statute that would mandate HOAs to be subject to the Constitution like any other local government; the response was, “they didn’t see how that would help.”

Long ago The Founding Fathers rejected the patchwork approach to modifying the Articles of Confederation and replaced it with a complete rewrite — The US Constitution and the Bill of Rights. It’s well beyond time that the HOA “constitution,” the CC&Rs, be replaced in its entirety as proposed in A Plan Toward Restructuring the HOA Model of Governance.

ULC apparently doesn’t believe so!

Rogue presidents: Trump and HOAs

What do I mean by “rogue president”?  I mean  a president who does not know the law and doesn’t care to know it, or who knows the law and just ignores it.  In either case that president is plain and simple an outlaw by functioning outside the law.  Trump and rogue HOA presidents fit my description and are outlaws.

I have often wondered why communities, or at least the strong voice of a faction, government officials and legislatures have supported and collaborated with HOA presidents; just like we have witnessed on the national scene.   And with their attorneys in full support! Obviously in pursuit of personal, self-serving agendas. 

I’ve come to the conclusion that the HOA social and political dynamics are identical as we have witnessed on the broad national scale. I am not sure as to what came first, the chicken or the egg?  To what extend has the HOA independent principality mentality and legal scheme contributed to the national scene? Or are the HOA dynamics just a reflection of the broader culture in America today?

To get a better understanding of the HOA dynamics at play, read:

A Plan Toward Restructuring the HOA Model of Governance

The HOA-Land Nation Within America

Laws without enforcement are just recommendations

In response to a post by Maria Winlet on the FB page, “HOA Reform – stop the abuse”,  reporting an article by Jessica Boehm of The Arizona Republic, I posted the following on the FB page:

“Want to stop this flagrant abuse and lack of homeowner protection by pro-HOA biased legislation, here in az or in any other state? Let’s hope that the uniform law commission — creator of UCIOA and its failed 2008 bill of rights version — agrees to pursue a legitimate bill of rights focused on limiting HOA government and protecting member rights, as is the intent of the constitution’s bill of rights. Set to decide this Oct. 29th. * * * * the ULC scope committee is handling the review. Timothy Berg is the committee chair. You can send an email to info@uniformlaws.org attn T Berg with a reference to member bill of rights. They have my history of HOA member bill of rights as posted here and on my website. We must offset CAI’s influence.”

All advocates and homeowners need to do their part if substantive reforms are to become real.

Will ULC pursue HOA Member Bill of Rights?

“Can private parties enter into contractual arrangements, using adhesion contracts and a constructive notice consent, that serve to regulate and control the people within a territory (an HOA), to circumvent the application of the Constitution?”[1]

In August I commented that I was working with 2 institutions on a Member Bill of Rights.[2]

“Currently, I am working with two leading institutions concerned with state laws and the constitutionality of the HOA legal  structure. Addressing the Bill of Rights issue is relevant to conducting necessary research and studies. A Homeowners Bill of Rights would be a major step toward the equal protection of the laws for members of HOAs.

“As a result of my proposed research by  independent, objective researchers,  the law will be clarified and all parties set straight as to their rights, and on the legitimacy and validity of independent private governments in America.”

The Uniform Law Commission  (ULC) will decide on the 29th whether or not to undertake a study of my proposal for  meaningful revision to its UCIOBORA (2008).  It’s composed of only attorneys appointed by state legislators and are pro bono.  I must call to your attention the long established presence of CAI at ULC and with respect to UCIOA.

I believe that ULC will move ahead and make the Constitution and state laws living documents reflecting the overwhelming evidence for the need to admit that HOAs are invalid ab initio — from the very start — agreements and are unconstitutional.  

Notes

[1] The “end of denial” of unconstitutional HOAs, August 5, 2020.

[1] HOA Bill of Rights redux, August 29, 2020. Updated, HOA bill of rights history updated Sept. 13, 2020