Constitutional Local Governments

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I am a nationmally recognized homeowner rights advocate, and author of "Establishing the New America of independent HOA principalities."

Saturday, March 04, 2006

AZ Speaker Pro Tempore views on protecting HOAs

Greg Mocker of local Phoenix CBS TV asked those hard questions of Arizona Speaker Pro Tempore and Rules Committee Chair Bob Robson. And Robson answered that he will protect these private contractual governments because he doesn't trust the average homeowner who will turn into a deadbeat as soon as we restore the equal application of the laws to HOAs -- the homestead exemption and due process protections guaranteed by the Constitution, except in private government HOAs. What Rules Chair Robson had also said is that he will protect these private organizations and deny homeowners the protections of the 14th amendment.

Why is he supporting HOA principalities allowed to operate outside the American system of government? Why isn't our American system of democracy good enough for HOAs? Why is the House promoting authoritarian governments that do not protect those cherished rights and freedoms guaranteed for all Americans?

Is the Speaker Pro Tempore making policy statements for the House leadership? These are precisely the statements and attitudes that make HOAs state actors.

We are witnessing the Tyranny of the Legislature, where one person is allowed by the leadership to control the fate of millions of good people in Arizona. House Rule 37(3) allows the representatives to submit removal requests to place these bills on the active calendar. Where is the vote? Why this highly unusual tactic of not allowing a floor vote by all the Representatives? Because the votes are there to pass these bills on the floor, that's why!

Here are excepts from Robson’s interview:

“Rules should not be changed”. (To pass these new bills. Greg's retort: What about in 1996 when you took away these rights?)

”I don't feel comfortable with certain aspects of this . . .” (the homestead exemption bill.) Well, it's a single sentence change and his responsibilities lie in the area of questions of constitutionality and nothing else as governed by the House Rules. It is not his call -- it’s an abuse of discretion and authority!! Placing everyone under the same laws cannot be seen as being unconstitutional. But removing them as in 1996 is unconstitutional.

"Without the homestead exemption you have a situation where people can let there dues lapse ... "(this is outright protection of private organizations without any governmental interest to offset the unequal application of the laws. Further, it looks down with disdain and distrust upon the good people of Arizona who are living in HOAs.

"The quality of life will definitely be distorted ..." Is he now the Guardian and Official Protector of the Quality of Life? What audacity by the Speaker Pro Tempore. Shame on him!


Homeowner rights advocates must not allow these statements to go unanswered and be accepted as, “That’s the way it is. Get used to it!”