Why are homeowners unhappy with their homeowner association governance?
Over the past year more and more Americans who are residents of homeowner and condo associations have become upset with their associations. Homeowners are fined for apparently arbitrary and capricious reasons; the boards of directors don't return phone calls from irate homeowners. The American flag cannot be flown unless approved by the HOA. New homebuyers are not being told that the state will not intercede in complaints nor accept complaints resulting in a lack of constitutional due process and equal protection under the law.
Why is this happening?
The HOA is a private, nonprofit corporation and not a community or municipal government.
It is governed according to and subject to corporation law and not municipality or city/town laws.
Broad powers are given to the corporation board of directors with respect to the enforcement of the CC&Rs and other architectural compliance rules and regulations.
While members may vote for board members as if they were electing councilmen or legislators, the HOA is not a real democratic institution.
The HOA lacks a separation of powers doctrine as found in every level of American government. The HOA is allowed to bypass these fundamental governmental protections, including due process against arbitrary actions and the equal protection of the law for homeowners who have grievances against their board of directors.
Because the courts have found that the HOA is empowered as a result of an adhesion contract between the HOA and homeowner, it cannot interfere with any private contract. Consequently, for the above reasons, homeowners with a legitimate grievance or question against the HOA find that they are second class citizens with less state protection than minorities, women, the handicapped, and even gay people.
Furthermore, they are resentful of the court ruling that they entered into a private contract whereby they surrendered their civil rights without any information that this was indeed what they had agreed to. They feel that they were mislead and not fully informed as to these important and legal aspects regarding the purchase of their homes.
Citizens Against Private Government HOAs (CAPGH) believes that HOAs are independent, undemocratic, private governments operating outside the American system of government. If we are to make progress, we must distinguish the concept of a planned community, which is a real estate ''package'' of homes, landscaping, amenities, and rules, from that of the HOA, which is the governing body of the planned community. Only when the HOA is a truly democratic government and no longer an independent, private government will there be equality for all citizens.
Contact us at PVTGOV
http://pvtgov.org/pvtgov/
Over the past year more and more Americans who are residents of homeowner and condo associations have become upset with their associations. Homeowners are fined for apparently arbitrary and capricious reasons; the boards of directors don't return phone calls from irate homeowners. The American flag cannot be flown unless approved by the HOA. New homebuyers are not being told that the state will not intercede in complaints nor accept complaints resulting in a lack of constitutional due process and equal protection under the law.
Why is this happening?
The HOA is a private, nonprofit corporation and not a community or municipal government.
It is governed according to and subject to corporation law and not municipality or city/town laws.
Broad powers are given to the corporation board of directors with respect to the enforcement of the CC&Rs and other architectural compliance rules and regulations.
While members may vote for board members as if they were electing councilmen or legislators, the HOA is not a real democratic institution.
The HOA lacks a separation of powers doctrine as found in every level of American government. The HOA is allowed to bypass these fundamental governmental protections, including due process against arbitrary actions and the equal protection of the law for homeowners who have grievances against their board of directors.
Because the courts have found that the HOA is empowered as a result of an adhesion contract between the HOA and homeowner, it cannot interfere with any private contract. Consequently, for the above reasons, homeowners with a legitimate grievance or question against the HOA find that they are second class citizens with less state protection than minorities, women, the handicapped, and even gay people.
Furthermore, they are resentful of the court ruling that they entered into a private contract whereby they surrendered their civil rights without any information that this was indeed what they had agreed to. They feel that they were mislead and not fully informed as to these important and legal aspects regarding the purchase of their homes.
Citizens Against Private Government HOAs (CAPGH) believes that HOAs are independent, undemocratic, private governments operating outside the American system of government. If we are to make progress, we must distinguish the concept of a planned community, which is a real estate ''package'' of homes, landscaping, amenities, and rules, from that of the HOA, which is the governing body of the planned community. Only when the HOA is a truly democratic government and no longer an independent, private government will there be equality for all citizens.
Contact us at PVTGOV
http://pvtgov.org/pvtgov/
