Are Your Best Interests Served by an HOA?

A planned community is simply a real estate package defining a subdivision consisting of landscaping, open areas, curved streets, private amenities and common areas, and a private governing body, called the homeowners association, that regulates and controls the people within the subdivision territory. The goal of the HOA is to maintain property values for the betterment of the community-at-large.

The US Bill of Rights only pertains to that document called the US Constitution. These Rights are AMENDMENTS to the Constitution, that contract between the federal government, the states and the people. The Bill of Rights applies to the federal government, and to state entities only by virtue of the 14th Amendment to the US Constitution. They do not apply to private organizations, such as HOAs, unless the US Supreme Court has declared them so. Any statement saying that the HOA is subject to the US Constitution is an empty statement.

If you believe that planned communities can function and must function under the American system of government in order to best protect your interests, then the same laws and the same American system of government that apply to public government, must apply to HOAs.

If you believe that planned community can only survive and best protect your interests by curtailing the US Constitutional protections that all public governments must obey, then the planned community is an anathema to the American system of government, and planned communities are a defective product forced upon home buyers by the state. They must be abolished.

Or, the American system of government must be redefined to include a new form of National Socialism that is not a guarantor or protector of your rights and freedoms.

In an HOA, you are not protected from the loss of such basic rights as: due process protections against arbitrary and capricious whims of the HOA, and compensation for the loss of property rights that your neigbors took from you without your consent; fair and clean elections; the illegality of ex post facto laws to stop HOAs from holding you liable for your actions taken while under then valid HOA governing documents; and enforceable checkings and balances on HOA actions that penalize and hold the HOA accountable under the law.