Did HOA-Land contribute to the national disregard for democratic America?

“For they have sown the wind, and they shall reap the whirlwind” (Hosea 8:7)

In my 2020 Rogue Presidents post [1] I warned:

“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?”

I am not a psychologist or sociologist but a student all my life of leadership in government, corporate, and military. Based on the events over the past 2 years —and showing no signs of abating for the next 2 years — regarding the staunch, cult follower support of Donald Trump by Republicans at the federal and state levels, I must lean toward a national, cultural change in America. It has led to a rejection of the Constitution and all its principles and values that truly made America great.

America today is no better that the banana republics and totalitarian governments that hypocritical politicians openly criticize. The guiding rule for politicians that was “to avoid the appearance of impropriety” has become outright lying to the face of the public, redefining the traditional meaning of words, as George Orwell portrayed in his book 1984, to advance the political views of the cultists as necessary for America’s survival.

To a lessor extent, but functioning in parallel with the national malaise, are the private government HOAs. With the members exhibiting the same cultist conduct that the HOA president and board can do no wrong.

Further reading:

Rogue presidents: Trump and HOAs (Nov. 2020).
Countrywide political culture cause of HOA reform failures (Feb. 2021).

The HOA-Land Nation Within America – Part 1, The Cultural Dynamics of HOAs-Land (2019).
Plan to Restructure HOA model. (March 2020. The full Plan (PDF) can be found here: https://tinyurl.com/sr27yq3).

America’s homeland: HOA law vs. Home rule law

Why are there private HOA governments when there are home rule, charter governments?

Getting down to the issues of state laws relating to local governments, let’s examine the doctrine of home rule. Under the home rule doctrine local communities are permitted a large degree of independence even to the extent that state legislative action is not necessary. What is home rule? In simple terms, it is a grant of authority and power — of independence — from the legislature to local communities. (See HOAs violate local home rule doctrine and are outlaw governments; AZ Supreme Court, Tucson v. Arizona, CV-11-0150-PR (2011).)

All the states have a version of home rule that varies in the degree of independence granted to a local governments and under what terms. Check your state laws under home rule or charter government. Strict states treat the home rule powers strictly as set forth in the statutes, like agency enabling acts. Most states have allowed for wider freedoms to local home rule governments, with some allowing for local government charters functioning as a local constitutions. In all cases it’s a grant of independent governance from the legislature on local matters.

As an example, Arizona’s Constitution allows for home rule charter governments.

“The purpose of the home rule charter provision of the Constitution was to render the cities adopting such charter provisions as nearly independent of state legislation as was possible. . . . ‘[A] home rule city deriving its powers from the Constitution is independent of the state Legislature as to all subjects of strictly local municipal Concern.’”

The masquerade

Given this existing legal mechanism for strong, independent local control, why was there a need for the creation and approval of, and the support for, private government HOAs? Could it be as Prof. McKenzie stated in his 1994 book, Privatopia? “CIDs [HOAs/POAs/RCAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent to local governments.”

It’s obvious that it was not to create healthy, productive communities. Was it a business venture from the start to make profits for the originators masquerading as a public serve and benefit?? Was it for the real estate agents and the home builders, and to cut state government costs?

HOA associations are political bodies

The effective management of a political community, as are HOAs, and remain part of the greater political communities of their state and federal government, necessitates a rejection of the HOA legal scheme and its protectives laws. There are no legitimate reasons why HOA governed communities cannot exercise effective and productive self-government while being subject to constitutional law under home rule statutes.

Home rule doctrine existed long before the advent of the HOA legal structure in 1964. That is not to say that it would have solved all problems and be a perfect government, but it would be a government under the Constitution, part of the Union, like all other forms of local government.

If the initial 1964 HOA concept had included home rule provisions, then there would be no need for a restructuring.

Preface to Restructure HOA Supplement

Preface

“People could care less about the truth. People buy promises and dreams. They’ll do anything to avoid reality” (anonymous)

The above quote, reflecting human nature, gets to the very heart of the HOA-Land problem. It applies not only to SCG but to all HOA members throughout America. In a sarcastic Nextdoor post, the writer expressed his feelings that my posts were, in my words too cute, and that he didn’t want “to be in an association that George had anything to do with . . . and take his trouble making rhetoric to other lucky people.” I responded:

“My HOA right or wrong! So what if it has violated state laws and the governing documents, and refuses to defend itself. So what! As long as the amenities keep coming and assessments stay low, I guess all is OK.”

I have high hopes that all HOA members will follow their conscience and do what is right for their community, their state, and for America. The alternative is a rejection of our democratic institutions, our constitutional government, and the principles and values that we, as Americans, stand for. The alternative is an acceptance of the HOA-Land Nation Within America.

* * * *

For this case study, my objective was to unveil the truth and advise the BOD of a $22 million revenues, 9,500 unit, active-adult community in Arizona as to its conduct in deciding difficult and controversial issues. I put my management/BOD skills to work and began the study. It is very important in the learning process to share recommendations with others, and to accept their constructive criticism. Readers can reject, modify, or remove recommendations. This approach sharpens one’s thinking and helps to make a more solid case for HOA reforms.

In regard to the SCG members at large — apathy evidenced by silence or perhaps fear — prevailed as commonly found in HOA-Land. The vast majority of comments to my posts on social media and elsewhere were irrelevant and without merit. They failed to address my messages concerning violations of the laws and governing documents by boards of directors. Rather, they focused on my HOA right or wrong, take it or leave it, and move out.

The necessary first step for democratic reforms, as proposed in A Plan Toward Restructuring the HOA Model of Governance, is the reorientation and reeducation of the pubic and especially boards of directors. Based on my experience I presumed that they are uninformed and many prefer to remain uninformed; wrongly believing, and being led to believe, that their HOA is a wonderful country club instead of a legally binding contract between them and their HOA.

The findings from this research reaffirmed this view of HOA directors and members regardless of income or education levels — they are highly uninformed about the legal and governmental issues of an HOA association. It seems that the boards of directors over the years were and are heavily influenced by the Community Associations Institute’s teachings and programs.

Collectively referenced as the CAI School of HOA Governance stemming from its focus on “large-scale associations,” such as SCG. Some 13 SCG members served as CAI members, including CAI presidents or directors, while serving as SCG’s presidents, directors, and committee chairs. Its impact is devastating and cannot be underestimated.

This finding was very disappointing! The behavior and conduct by the leadership displayed false and misleading information, an illusion of “no problems here,” and for the most part, silence. It supported the position of authoritarian and cult followers as maintained in the Plan’s view of the HOA Culture, and its description of the social and political dynamics at work in HOA-Land.

This Supplement is organized in time sequence based on posts made to the HOA Constitutional Government website, including comments, referencing or alluding to emails, to the official Sun City Grand website’s News of the Day posts; and to posts and comments to social media websites: NextDoor (Desert Sage); Facebook’s Sun City Grand Members (AZ), closed by Administrator’ opposition; and Members of Sun City Grand AZ.

These exchanges are all reproduced as is, unedited except for omissions of non-relevant sections. In this manner, lacking audio-video materials, one can get a feeling of the posters’/commentators’ message tone.

George K. Staropoli

February 14, 2022

Restructuring HOAs case study supplement

The SCG case study is in preparation as a supplement to A Plan Toward Restructuring HOAs. This paper will be released soon. Here’s a peek:

Preface

For this case study, my objective was to advise the BOD of a $22 million revenues, 9,500 unit, active-adult community in Arizona as to its conduct in deciding difficult and controversial issues. I put my management/BOD skills to work and began the study. It is very important in the learning process to share recommendations with others, and to accept their constructive criticism. Readers can reject, modify, or remove recommendations. This approach sharpens one’s thinking and helps to make a more solid case for HOA reforms.

In regard to the SCG members at large, apathy — evidenced by silence or perhaps fear — prevailed as commonly found in HOA-Land. The vast majority of comments to my posts on social media and elsewhere were irrelevant and without merit. They failed to address my messages concerning violations of the laws and governing documents by boards of directors. Rather, they focused on my HOA right or wrong, take it or leave it, and move out.

This Supplement is organized in time squence based on posts made to the HOA Contitutional Government website, including comments, referencing or alluding to emails, to the official Sun City Grand website’s News of the Day posts; and to posts and comments to social media websites: NextDoor (Desert Sage); Facebook’s Sun City Grand Members (AZ), closed by Administrator’ opposition; and Members of Sun City Grand AZ.

These exchanges are all reproduced as is, unedited except for omissions of non-relevant sections. In this manner, lacking audio-video materials, one can get a feeling of the message tones.

George K. Staropoli

February 14, 2022

Social Engineers needed in HOA-Land and all America. Are you one?

The following material is primarily based on the Charles Koch (billionaire and philanthropist) book, Believe In People [note 1]. Quotation marks and italics have generally been omitted but are used within sentences to distinguish quoted material.

The theme of Believe is developing ‘Social Engineers.’ It’s a term used by Koch by which he means a person

‘finding new ways to break the barriers and overcome the injustices that prevent others from realizing their potential.’ He continues, ‘These individuals disrupt the status quo to help others, especially the less fortunate rise’ (p. 7).

They’re concerned citizens, mobilizing neighbors to support good policies and oppose bad ones. They’re elected officials — of any party — enacting laws that secure for everyone the opportunity to realize their potential and contribute to society’s progress (p. 7).

You are a social engineer when ‘fighting a harmful public policy that’s affecting your family, friends, or neighbors’ (p. 7). Homeowners in HOA-Land are ‘less fortunate’ and are subject to top-down authoritarian governments. Read on!

. . . .

With this preface material, what is the social and legal task before homeowner rights advocates and other concerned citizens?

A properly functioning government is a precondition for individual success and a thriving society (p. 13). You’ll see the widespread assumption that those at the ‘top’ know best and that the people they consider beneath them can’t be trusted. This can be summed up as a top-down or one-size-fits-all approach (p. 5).

If we are to go beyond fighting injustice one person at a time, then the core institutions of community, education, business, and government must be transformed (p. 243). Transforming these institutions so they consistently empower people to succeed is the job of Social Engineers (p. 10).

With respect to HOA-Land, see on Amazon [note 2], my Commentary [note 3].

Notes

Believe In People, Charles Koch & Brian Hooks, St. Martin’s Press, 2020.
A Plan Toward Restructuring the HOA Model of Governance.
Plan to Restructure HOA model.