tag:blogger.com,1999:blog-85646282011-04-21T18:23:06.770-07:00INACTIVE BLOG. Please see <a href=http://pvtgov.wordpress.com > HOA GOV </a> for latest postings.<br>Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comBlogger1371100tag:blogger.com,1999:blog-8564628.post-1171651987781801842007-02-16T11:52:00.000-07:002007-02-16T11:53:08.303-07:00

Quite unexpectedly, as of this morning, the Arizona Dept. of Building, Fire and Safety increased the non-refundable filing fee from $550 to $2,000, effective until April when it will once again be reviewed. This is outrageous, and an attempt to stifle homeowner justice as revealed by my case summaries. It reminds me of the 1950s Poll Tax in the South to prevent blacks from registering to vote

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1171588458671587802007-02-15T18:10:00.000-07:002007-02-15T18:14:18.876-07:00

The new Arizona experiment in HOA justice by means of the administrative judge resolution of disputes has been hailed as a leveling of the playing field. Homeowners now have a relatively inexpensive and less formal procedure to obtain justice against an HOA board's disregard of the laws and governing documents. ALJ decisions can now have a financial impact on HOAs if they lose cases that

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1170958024768899892007-02-08T11:02:00.000-07:002007-02-08T11:07:05.626-07:00

I've written many times about the mass merchandising -- the large-scale promotion and selling -- of HOAs to the public. I've commented on the bible for this program, the Urban Land Institute's Technical Bulletin #50, The Homes Association Handbook of 1964, funded by the special interests and your federal government. (See Part I in, Handbook).It is clear that the creators of this housing model,1)

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1170196280011526642007-01-30T15:22:00.000-07:002007-01-30T15:36:37.890-07:00

One of the first complaints, OAH # 07F-H067007-BFS (2007), heard before an administrative law judge in Arizona’s new experiment in bringing justice to HOA disputes involved a homeowner who filed a complaint about the taking of his sidewalk property of some 20 years - among other things. The HOA amended the CC&Rs and appropriated homeowner sidewalks since, it was argued by the HOA, the HOA was

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1169228157805418292007-01-19T10:29:00.000-07:002007-01-19T10:35:58.030-07:00

Should the business judgment rule (herein “BJR”) rather than the alternative, reasonableness test for decision-making be the standard for HOA board actions? The courts grant HOA boards broad rights over homeowners by currently holding that the board is the best decider of what's good for the HOA, not the courts, regardless of any test of the reasonableness of actions. We believe that the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1169134103746889292007-01-18T08:26:00.000-07:002007-01-18T08:30:10.243-07:00

CAI's lament about "10 Things They Hate About You" (Jan-Feb 2007 Common Ground) in reference to the poor performance of HOA boards. This follows CAI's 12 part, year-long effort on Skiba's blog, "Pearls of Wisdom". These communications are in direct conflict with CAI's propaganda surveys on how happy homeowners are in HOAs. What are these 10 complaints? Read and judge for yourself on the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1168789078481786972007-01-14T08:13:00.000-07:002007-01-14T08:40:31.473-07:00

In September 2006, a new Arizona statute gave homeowners the right to file a complaint against their HOA through the Office of Administrative Hearings, a state entity under the Administrative Procedures Act (APA). The rules of civil procedure do not apply, and the conduct of the hearings are less formal than required in the courts giving the homeowner a more level playing field in order to obtain

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1168485430720569512007-01-10T20:09:00.000-07:002007-01-11T07:35:24.966-07:00

WHEN EXERCISING DOMINION OVER PERSONS RESIDING WITHIN ITS BORDERS, THE TWIN RIVERS HOMEOWNERS ASSOCIATION/COMMUNITY TRUST MUST RESPECT FUNDAMENTAL RIGHTS GUARANTEED BY THE NEW JERSEY CONSTITUTIONTwin Rivers Homeowners Do Not Waive Their Constitutional Rights by Signing Contracts Containing Non-Negotiable Deed RestrictionsThe complete Plaintiff brief is available here (82 pages, 4.1 MB, PDF).An

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1168106873636976852007-01-06T10:54:00.000-07:002007-01-07T06:50:30.206-07:00

In 2000, nine complaints were filed against the Twin Rivers HOA (Complaints):1. Political signs2. Access to HOA community room3. Access to HOA newsletter4. Taping of HOA meetings5. Access to financial information6. Unconstitutionality challenge to HOA ruling (discipling of members)7. Access voting lists8. ADR9. Denial of equal voting (not property based).In 2004, the trial court ruled in

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1167751511884153052007-01-02T08:19:00.000-07:002007-01-02T08:25:12.343-07:00

Do state laws coerce homeowners and support HOAs? Are UCIOA and other HOA statutes establishing state actors? The New Jersey Supreme Court appears to headed for a decision soon on constitutional issues for homeowner rights -- the Twin Rivers case. Steven Siegel, whose very important paper on constitutionality and private governments is referenced in Note 1, has also co-authored the Twin Rivers

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1166218346885596602006-12-15T14:27:00.000-07:002006-12-15T14:32:27.276-07:00

In contrast to the Community Associations Institute Rights and Responsibilities statement, I offer the guidelines taken from a communitarian point of view¹. Please note that the communitarian philosophy, unlike CAI's, addresses the broader social and political environment and not just planned communities. An environment under the laws and protection of the US Constitution, and not under

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1166208275684896842006-12-15T11:37:00.000-07:002006-12-15T11:44:37.000-07:00

The CAI Rights & Responsibilities statement, offered as a guide to build better communities, reads in part,Homeowners Have the Right To:1. A responsive and competent community association.2. Honest, fair and respectful treatment by community leaders andmanagers.6. Live in a community where the property is maintained accordingto established standards.7. Fair treatment . . . .8. Receive all

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1165889129133046172006-12-11T18:56:00.000-07:002006-12-11T19:05:29.496-07:00

Amitai Etzioni writes about ideals for a better community¹.WE hold that law and order can be restored without turning this country into a police state, as long as we grant public authorities some carefully crafted and circumscribed new powers.WE hold that people can live in communities without turning into vigilantes or becoming hostile to one another.WE hold that our call for increased social

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1164118699266219512006-11-21T07:14:00.000-07:002006-11-21T07:18:25.036-07:00

Through out the country we continue to have the increased creation of authoritarian, privately chartered principalities called homeowners associations. All under the careless or non existent oversight of state legislatures that delegate their sovereign powers to these private entities. Can a state legislature delegate its sovereign powers to private governments that are not subject to the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1163522885110533452006-11-14T09:47:00.000-07:002006-11-14T09:58:08.376-07:00

As I far as I could determine, from my non-lawyer research, the issue that constructive notice meets the US Supreme Court judicial review tests for the surrender of constitutional rights has never been specifically challenged. The complex issues relate to the taking of one's rights and property under the 5th and 14th Amendments without "due process", or a violation of the "equal application of

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1163522142541523542006-11-14T09:35:00.000-07:002006-11-14T09:35:42.956-07:00

I was quite disturbed reading the Introduction,written by Robert W. McChesney, to Chomsky's book, Profit Over People (1989). I will let his words speak for themselves:"Neoliberalism is the defining political economic paradigm [model or philosophy] of our time -- it refers to the policies and processes whereby a relative handful of private interests are permitted to control as much as possible

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1162942123549095292006-11-07T16:18:00.000-07:002006-11-07T16:30:35.000-07:00

The CAI Nov/Dec 2006 Common Ground magazine has a reply to AARP Bill of Rights. (See AARP). It speaks of honor, demanding that the CC&Rs be honored by homeowners. As to seniors paying their fair share, CG says, "But it's also true that collections are fundamental and necessary. . . . Accordingly it's reasonable to expect all homeowners to honor their promise." For CAI is an honorable man, So are

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1162568279835422092006-11-03T08:37:00.000-07:002006-11-03T08:38:00.190-07:00

This brief is a must read, and should be brought to the attention of your legislators. A few excerpts:"The Hannaman Report [NJ agency report, 10 years ago]is notable for its candor and its breadth.For example, Mr. Hannaman states: “It is obvious from the complaints [to DCA (Dept of Consumer Affairs)] that that [home]owners did not realize the extent association rules could govern their lives.”

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1162049892914898022006-10-28T08:33:00.000-07:002006-10-28T15:10:58.916-07:00

Not many people knew Sabina Anna Prioletta, a single, 37 year-old female on government disability, weighing some 100 pounds at 5-2. She was trying to survive at the poverty level on the disability payments. In 2001 she inherited enough money to buy a 924 square foot, 2 story attached home in Phoenix at Camelback and west 41st avenue, built in 1972 (one of the Hallcraft Villas subdivisions). Not

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1161796597886992052006-10-25T10:09:00.000-07:002006-10-25T10:16:38.113-07:00

In "Are Your best Interests Served . . . " (1) entry of Oct. 18th I wrote,"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." I chose 'national socialism' to reflect the position of CAI and planned community proponents that UCIOAs (2) are needed to combat the balkanization of

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1161653924866113222006-10-23T18:35:00.000-07:002006-10-23T18:38:46.866-07:00

California lawyer and L.A. columnist, Donie Vanitzian, reminds us that: "It is the titleholder's personal asset that functions as a kind of perverse collateral, requiring the owner to pay assessments to the association-entity or lose his asset. . . . On purchase of that home and without anything more, the titleholder's asset became a personal risk and personal liability for the owner. Instantly,

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1161186070974462762006-10-18T08:36:00.001-07:002006-10-18T15:31:47.176-07:00

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

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1161185787445081472006-10-18T08:36:00.000-07:002006-10-18T08:36:27.780-07:00

A serious problem that homeowner rights advocates and activists have failed to correct over the years is the failure to realize that HOA reforms are not a local problem affecting only them or their HOA, but affect society in general. Homeowner rights advocates are in the business of social change on a national level, whether or not they want to be. Just look at how public policy regarding

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1160360175672943542006-10-08T19:06:00.000-07:002006-10-08T19:16:19.863-07:00

The last speaker before the Texas hearing on TUPCA, Oct 2, told the committee, "I will kill myself", reflecting the pain and anguish of not finding anyone to help her fight the abuse from her HOA board. She had sent emails to Texas legislators to no avail, and now she was before the committee in person.This homeowner, Arshia, was interviewed by Shu Bartholomew host and producer of On The

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1160332715476177232006-10-08T11:36:00.000-07:002006-10-08T11:38:36.386-07:00

Over the years, several homeowners “bill of rights” have been proposed, the latest being proposed by David A. Kahne and published by the AARP Policy Institute. Homeowner rights advocates debate the provisions of these homeowner's bill of rights, and the industry supporters -- the lawyers, CAI trade group, and HOA management groups -- have proposed their own version of a bill of rights. In the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1159712083552496442006-10-01T07:14:00.000-07:002006-10-18T08:54:42.020-07:00

Donie Vanitzian's new book is what Hyatt's book is to HOA attorneys, except it tells what the laws are and how to use them for the benefit of the homeowner, not the association. No longer will the legal field be flooded with the views of those who wish to perpetuate the status quo while offering "handout" legislation to placate HOA reformers. No longer will the media be forced to carry just the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1159452634490439192006-09-28T07:07:00.000-07:002006-09-28T07:10:34.776-07:00

1. Who cannot support, in principle at least, the David A. Kahne proposed Bill of Rights published by the AARP Public Policy Institute?2. A clear statement of the purpose of the AARP proposal is contained in its forward written by the Institute:The purpose of this publication is to outline a key set of ten principles . . . that states can follow when developing laws and regulatory procedures for

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1159032892611855312006-09-23T10:26:00.000-07:002006-09-23T10:34:52.763-07:00

If you had the opportunity to read the 1964 ULI 'bible", TB#50, The Homes Association Handbook, (see eEditorial post of August 31, 2006) on how to mass market HOAs, it becomes quite plain that the HOA model was subject to failure if certain requirements were not specifically stated in the CC&Rs.The survivability of HOAs required mandatory membership and compulsory dues, plus the need for the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1158948090574355762006-09-22T10:58:00.000-07:002006-09-24T11:13:51.130-07:00

Exciting news!!!!! HOA law book written by an advocate and not by an industry supporter!!! Acknowledging Shu Bartholomew, AHRC (Elizabeth McMahon) and yours truly, George K. Staropoli.New Book:Title: California Common Interest Development -- Homeowner's GuidePublisher: Thomson-West Legal Publishers (leading publisher of legal materials)Author: D. VanitzianSeries: The Expert SeriesCost:

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1157414666258506882006-09-04T17:00:00.000-07:002006-09-04T17:04:26.616-07:00

Please visit the Collected Papers web site for several writings on planned communities, homeowners associations, local community governance and constitutional rights and freedoms.See Collected Papers.

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1157065149764008652006-08-31T15:47:00.000-07:002006-08-31T16:06:36.340-07:00

SUMMARYThe Urban Land Institute Technical Bulletin #50, The Homes Association Handbook, was the vehicle for this mass merchandising of planned communities with influence today on events and attitudes. The model and concept of planned communities with their mandated homeowners associations has been presented and sold to the legislatures, government agencies, commissions and officials, and to the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1156179360602817132006-08-21T09:51:00.000-07:002006-08-21T10:05:56.860-07:00

Urban Land Institute Technical Bulletin #50 (1964)OVERVIEWThe reader of this publication cannot but come away with the distinct realization that the authors promoted certain aspects of planned communities while deliberately avoiding a solid presentation of a number of serious concerns. It is a comprehensive manual, except for any discussion of the form of democratic governance of the community,

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1155999980447574622006-08-19T08:04:00.000-07:002006-08-19T08:06:20.656-07:00

Without enforcement, just more Smoke & MirrorsWhat is the purpose of the CID Ombudsman proposed in AB770? From the wording of the bill, it would be another clerical, paper-shuffling bureaucratic function. CLRC is supposed to be doing research on shortcomings of existing laws. After 40 years of homeowner oppression and abuse, AB770 wants the Ombudsman to now determine just what are the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1155597737218865542006-08-14T16:21:00.000-07:002006-08-14T16:22:17.376-07:00

What You Should Know Before You Buy is the last entry in July for the CEO of CAI. It's a response to severe criticism of HOAs and the lack of full disclosure and allegations of misrepresentations in the promotion and selling process. Here's how CAI responds -- it puts the blame on the Realtor organizations."But regardless of where you live or what type of home you are considering - you need to

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1155594833243786902006-08-14T15:33:00.000-07:002006-08-14T15:33:53.733-07:00

David Kahne, a Houston ACLU attorney, who won the notable Brooks v. Northglen HOA case, has written on a HOA Bill of Rights for homeowners. Such a document has been absent from all CC&Rs going back to the Homes Association Handbook, TB #50, for the mass merchandising of planned communities, published in 1964 by ULI with the help of federal agencies.David Kahne's 69 page report can be found here

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1154271302315955052006-07-30T07:50:00.000-07:002006-07-30T08:58:03.626-07:00

MSN.COM has recently featured on its web page, if viewed with MS Internet Explorer browser, Debora Vrana's article, The Runaway Power of Homeowners Associations (see note 1 for viewing information). This article contains a link to the Citizens for Constitutional Local Government web site and quotes its president, George K. Staropoli, as saying, "No one tells buyers what deep doo-doo they can get

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1153328025114040302006-07-19T09:49:00.000-07:002006-07-19T09:53:46.006-07:00

In further reaction to bona fide criticism, CAI continues its machinations of using front organizations in a futile attempt to legitimize it, those associations of hired hands, like COCA in Florida and CACM in California, and those illegitimate associations of the management-class HOA boards, like ECHO (Exec. council of Homeowners, which, in reality, is a misnomer and should be ECHOA, the Exec.

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1153084399904043502006-07-16T14:07:00.000-07:002006-07-16T14:13:20.553-07:00

Commentary regarding the CAI Common Ground article on advocates, part 2, "Call & Response" in its July-August issue.I believe that “the business of HOAs is business” is an accurate paraphrase of the statement made by the CEO of CAI, Mr. Skiba, in CAI’s Welcome to Ungated forum. I must also assume that the business must be directly related to maintaining property values, the prime objective of

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1152026821388159182006-07-04T08:16:00.000-07:002006-07-09T07:09:52.563-07:00

The formation of private HOA governments raises the same concerns of 250 years regarding the legitimacy of the social contract between the members and the community, the bona fide existence of mutual consent, and the protection of individual rights within the community.. . . .In spite of the above, supporters and proponents of HOA governance repeatedly use the simplistic argument: If you don’t

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1151938017806172492006-07-03T07:38:00.000-07:002006-07-03T07:46:59.420-07:00

Expose the illusions of justice and the myths of the equal protection of the laws"The legislature is the sovereign of a republican form of government, and that it's the only game in town. Homeowners must attain the power to influence and change the views and attitudes of the legislators.To accomplish this we must make it clear to the legislators and government officials that they must choose

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1151763415721285062006-07-01T07:08:00.000-07:002006-07-01T07:16:56.063-07:00

Dear California Legislators, While civ: 1352 of the Davis-Stirling Act (please note that this Act has been placed under the Civil Code and not the Business and Profession Code) declares how a CID is created, "This title applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association ....", 1363(a)

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1151285048414434442006-06-25T18:18:00.000-07:002006-06-25T18:24:08.850-07:00

Excerpt from letter to California's Law Review Commission.In Memorandum 2006-25, Dispute Resolution has been introduced as a new area of concern, still without first establishing those rights belonging to the homeowners, and those prohibitions on the restriction and denial of those rights by the association board or state laws. In other words, the Homeowners Bill of Rights is still placed on “

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1150740924658307742006-06-19T11:07:00.000-07:002006-06-19T11:15:25.443-07:00

The report referred to in the eEditorial of April 20, 2006, National Lobbyist for HOA Principalities, has been substantially expanded and revised.Read the Report.

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1150408469633165972006-06-15T14:51:00.000-07:002006-06-15T14:54:30.026-07:00

This has been a ground breaking session for homeowner advocates with the Legislature passing three substantive HOA reform bills, all signed by Governor Napolitano. Senate bills SB1007 and SB1008, sponsored by Senator Waring, and House bill, HB2824, sponsored by Representatives Farnsworth and Gorman provide important due process protections for homeowners. Among other things, SB1007/1008 would

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1150393499246693232006-06-15T10:40:00.000-07:002006-06-15T10:44:59.800-07:00

Is it clear to all that when these associations of associations, and the national lobbying trade group, CAI, contact the government that they are not speaking for the homeowners, but a distinct class of HOA membership and as a vendor, a hired-hand? Is it clear that no membership meeting was conducted electing representative and platforms to take before the various governmental commissions and

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1150244003205979442006-06-13T17:07:00.000-07:002006-06-13T17:13:23.536-07:00

Comments to Gene Mullin, Chair, California Assembly Committee on Housing and Community Development regarding California bill, SB551The June 11, 2006 issue of The Arizona Republic surfaced this important aspect of association living in its subtitle, “HOA warriors make some progress in defending owners from associations”, which leads to the question in the title to this paper. Aren’t HOAs/CIDs

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1150038760993109002006-06-11T08:06:00.000-07:002006-06-12T07:08:00.300-07:00

Several Homeowner Rights Advocates are being interviewed by a leading European communications/entertainment firm, with over 3 hours of telephone interviews already conducted. In addition to the interviews, the reporter has been given references to books, articles and research studies, as well as news - TV coverage of HOA abuse and legislation.The reporter wrote:George, Thank you very much for

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1149519613920663592006-06-05T07:57:00.000-07:002006-06-05T08:00:14.346-07:00

While President Bush extols the virtues of American democracy and does a “sell-job” to the world, his brother, the Governor of Florida, Jeb Bush, has just fired a state official seeking to maintain the principles of government that made America a great nation. Dr. Virgil Rizzo, Condominium Ombudsman, was hired only a year and a-half ago to protect the rights and freedoms of Americans living in

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1149264160697032132006-06-02T08:57:00.000-07:002006-06-02T09:02:41.143-07:00

In order for an exchange of ideas to occur, I posted a comment to the CAI Ungated Blog of May 22nd in response to Mr. Skiba's experiment with nonmember posts.The full text of my comments can be found at Reply.

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1149083542033138852006-05-31T06:51:00.000-07:002006-05-31T06:52:22.886-07:00

The latest response to advocates' criticism of the Common Ground article, Critical Mass, and of CAI and HOAs in general, comes in another Tom Skiba, CEO of CAI, BLOG entry of May 22nd. So, allow this humble advocate who, in Mr. Skiba's words, "revolt[s] at democracy at its most local form" to shed some light on these "word games" -- you know, It depends on what the meaning of “Is”, is. The CEO

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1148826390994220412006-05-28T07:20:00.000-07:002006-05-28T07:26:31.140-07:00

In the beginningThere was the land,And the land was goodAnd the people were happy.Soon upon the landCame the moneychangersIn the guise of buildersOf the community.And the moneychangers said Behold, the covenants, conditions and restrictionsWere sacred and holy works, And the people shall flourish and prosper.Read the complete poem here.

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1148666024599016522006-05-26T10:46:00.000-07:002006-05-26T11:04:25.966-07:00

Arizona bill HB2824 will provide for due process protections by means of administrative law hearings (OAH). The bill is stalled by recent amendments that remove an exclsuion regarding developers, which has invoked the ire of the builders who feel that they will lose control of their income stream. Paragraph (B) lists exclusions to OAH adjudication that included (3):"3. Any dispute that arises

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1148247783848571732006-05-21T14:36:00.000-07:002006-05-21T14:43:04.193-07:00

Excerpt from L.A. Times column, Associations, May 21, 2006, with permission of the author Donie Vanitzian, relating to the sale of an HOA property. A writer asks:Finally, I supplied an interested buyer with the association's pro forma budget and some other papers the management company gave me. The buyer was unimpressed and refused to sign the offer to purchase without writing contingencies into

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1148232281730898542006-05-21T10:14:00.000-07:002006-05-21T10:24:44.090-07:00

Why can't homeowners withhold assessments until their dispute is resolved?Looking at the larger picture that withholding assessments is attempting to solve, there is no "remedy in event of default by HOA" provision in any CC&Rs that I've seen. Some might have such a contractual CYA provision, but just for the HOA. It's here where the unconscionable adhesion contract once again works against

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1147280844204249752006-05-10T10:02:00.000-07:002006-05-10T10:07:25.240-07:00

"Community Associations", a term still in use by CAI, originated in the first half of the 20th century and reflected a land use/planning policy of a managed community, a planned community, above and beyond simply laying out streets, utilities and homes. The term of choice was the concept of "community" since,The innovators of CAs were entrepreneurs . . . . The dilemma [as far back as the 1930s]

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1146265734447384702006-04-28T16:02:00.000-07:002006-04-28T16:08:54.986-07:00

Dear Arizona Republic Editor,I'm amazed at the rose colored look at the hopeful benefits claimed by planned community supporters that HOAs help shape better communities. In "Neighborhood groups fight apathy", there's the failure to understand that, in spite of the special interest group's promotion, HOAs have not been about better communities, but about better property values. And to attain that

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1145722494176014312006-04-22T09:02:00.000-07:002006-04-23T07:21:35.200-07:00

After a heated discussion at my annual HOA meeting relating to the board's failure to setup CC&R mandated reserves, a board member said to me, "George, lighten up. This is a small social gathering of friendly neighbors seeking to maintain property values."I replied,"So long as the HOA has a right to take my house, or to impose financial difficulties for me and my family, supported by state laws

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1145574707036312892006-04-20T16:06:00.000-07:002006-04-21T07:13:38.646-07:00

Excerpts from:Community Associations Institute: Dominating the Emergence and Acceptance in America of a Quiet Political Revolution in Authoritarian, Contractual Private Local Government.What has happened to America? How did this sad state of affairs come to be, here in America? The answer can be found in the words of a Texas real estate attorney proposing a new HOA act, TUPCA, before the Texas

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1144892672501071462006-04-12T18:38:00.000-07:002006-04-14T07:21:08.750-07:00

"Mandatory disclosure" required before HOA can act on allegations Arizona Governor Napolitano signed 3 Homeonwer Association bills in one day!SB1055: Allows homeowners to also fly military flags, like the USMC flag. Ariz. Sess. L. Ch 75 (2006).SB1007: Closed loopholes in HOA excuses for not providing access to records. It also placed a minimum debt to the HOA of $1,200 before a foreclosure can be

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1144157923137482622006-04-04T06:29:00.000-07:002006-04-04T06:38:43.543-07:00

During the week of March 27, 2006, Arizona legislators heard three HOA bills that would bring substantive changes to the treatment of homeowners in HOAs. Two of the three bills passed and were placed on the active calendar for a floor vote. SB1560, mandatory disclosure, passed and HB2352, the restoration of the homestead exemption, failed. The other bill that passed related to providing due

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1144157244014296212006-04-04T06:25:00.000-07:002006-04-04T06:27:24.423-07:00

Middletown (Ohio) Journal letterLetters to the Editor for March 31, 2006I’d like to congratulate the Middletown Journal for its series on homeowner associations, because it tells the public about life in an HOA.However, let me give you some observations concerning the content of the series. Basically, you are revealing that buyers choose HOAs for aesthetic reasons (“looks nice”) and for a

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1143395543629274792006-03-26T10:49:00.000-07:002006-03-27T07:31:20.916-07:00

March 26, 2006HOA: About homeowners associationsMeghan Crosby, Cox News Service, middletownjournal.com (Ohio)Community Associations InstituteOne of the greatest advantages of living in a HOA is the maintenance of a neighborhood’s appearance, and, thus, its property values, according to Frank Rathbun, vice president of communications for Community Associations Institute in Alexandria, Va. “The

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1143217168778852542006-03-24T09:13:00.000-07:002006-04-15T07:45:13.130-07:00

The following is an excerpt from Beanie Adolph's testimony before the Texas House of Representatives Business and Industry committee hearing of March 21 that was considering a Texas version of UCIOA.Is it proper for the state to create a form of local government that is not compatible with our American system of democracy?Is it proper for the state to permit the existence of private

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1142609923203731472006-03-17T08:38:00.000-07:002006-03-17T08:38:43.796-07:00

Dear Editor of Common Ground,As I wrote to the legislators, I now address these questions to CAI as a public interest organization that repeatedly lobbies every state legislature, and ask that it respond to these important issues in its upcoming May-June article, "Fear and Loathing Inside the anti-HOA Movement."HOA reforms needed to guarantee U.S. Constitutional protectionsReplacing democratic

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1141750215800617272006-03-07T09:41:00.000-07:002006-03-07T09:55:14.363-07:00

This land is NOT your land! This land was NOT made for you and me!These are the new lyrics to the well known folksong.On PBS this week in Phoenix, you heard a grand old tune as sung by the Minstrels, the successor group to the 1960s The New Christy Minstrels. This Land is Your Land was written in the 1930s by, and sung by, Woody Guthrie, and resurrected in the 1960s by

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1141574428549092382006-03-05T09:00:00.000-07:002006-03-09T15:39:38.666-07:00

See two important news videos demonstrating the homeowners' fight for US Constitutional protections taken away only if they live in an HOA. See Arizona's Speaker Pro Tempore, Bob Robson, continue to deny these rights and defending the undemocratic, authoritarian private contractual governments known as HOAs.In Arizona, there are 5 senior citizen HOA subdivisions sold under the Robson Communities

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1141505013869714772006-03-04T13:38:00.000-07:002006-03-04T13:43:34.130-07:00

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

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1141237947116770452006-03-01T11:28:00.000-07:002006-03-01T11:32:27.390-07:00

With the actions by the Arizona House Leadership to not allow substantive HOA reform bills from being voted on by the entire House, Arizona is moving one step closer to becoming The United HOAs of Arizona¹. This deliberate refusal to hear these bills can only be interpreted as wholehearted support to permit the HOA principality², that authoritarian, private contractual system of government, to

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1141158857848000242006-02-28T13:33:00.000-07:002006-03-01T07:56:01.746-07:00

OPEN EMAIL LETTERFeb. 28, 2006TO: All Arizona House RepresentativesWhat do the House Leaders fear in allowing the HOA bills to be heard by ALL the elected Representatives? Are they afraid that, if passed, that doom and gloom will or a catastrophe upon the State of Arizona will result by granting homeowners the equal protection of the laws and due process protections? These are the same

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1139874498861126912006-02-13T16:47:00.000-07:002006-02-13T16:49:32.796-07:00

Please note that the Twin Rivers Homeowners Assn attorney, Barry S. Goodman, is an attorney at Greenbaum Rowe Smith & Davis LLP, that is a 2006 Platinum PLUS Sponsor for the NJ CAI chapter (http://cainj.com)Please note that Scott Pohl, TR Assn president is a director of the CAI NJ chapter.Please note that CAI filed an amicus curiae brief in favor of the HOA, and warned against the unwise

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1139341653760779022006-02-07T12:37:00.000-07:002006-02-22T17:34:05.940-07:00

The New Jersey Supreme Court heard this appeal that included issues of violations of the NJ constitution by the Twin Rivers HOA. The court held,We reverse the general ruling in respect of the fundamental rights exercises implicated that TRHA was not subject to limitations imposed by the New Jersey Constitution and that the business judgment rule and contractual standards applied. We remand

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1138991450801163482006-02-03T11:22:00.000-07:002006-02-21T17:53:21.906-07:00

More and more homeowners across the country are seeking information on homeowners associations, because in the past the only information that has been available has been from the industry supporters. Even state web pages, in many states, only provide links to the industry supported web pages and not to homeowner rights advocacy pages. The people want more, and along with other advocacy websites,

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1138549552556180002006-01-29T08:40:00.000-07:002006-02-22T14:30:37.016-07:00

HOA SURVIVAL GUIDELINES UNDER ACCOUNTABILITY LAWSAs more and more state legislatures realize that they cannot continue to protect homeowner associations that deny citizens their fundamental rights and freedoms, and that the grievances repeatedly brought before them are legitimate and well grounded in law, the existing un-American form of HOA government and the way of life promulgated under these

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1138121379088309622006-01-24T09:45:00.000-07:002006-01-24T09:49:39.103-07:00

Comments on CAI's Common Ground, Jan-Feb 2006 article, Quality of Life, relating to CAI's 2005 survey of HOA satisfaction. (See http://pvtgov.blogspot.com/2005/12/analysis-of-2005-cai-hoa-survey.html for a detailed analysis of the survey).Common GroundIt's enough to make you wonder about all those screaming headlines regarding abusive, out-of-control HOAs. "Having gone to a lot of [association

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1138115380855958622006-01-24T08:01:00.000-07:002006-01-24T08:14:43.846-07:00

Excerpts from page 8 of the November 17, 2005 Background Paper to the California Joint Commission discussing a CID Ombudsman are well worth repeating:It is extremely hard for a homeowner to challenge the rules under which they live, if they have been approved by the HOA, and the stakes for every homeowner can be very high.CID boards of directors have the ability to limit a freedom which no

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1137714506807667182006-01-19T16:46:00.000-07:002006-02-22T16:11:10.846-07:00

Arizona statutes ARS 33-1803 and 33-1247 state that "after notice and an opportunity to be heard" the HOA/condo board may impose monetary penalties. This wording, in itself, is insufficient to pass the Supreme Court's opinion on due process requirements.In the landmark case, Goldberg v. Kelly, 397 U.S. 254 (1970), the court had to rule on whether or not NYC welfare benefits adjudicated by a NYC

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1135870339835771672005-12-29T08:29:00.000-07:002005-12-29T08:32:19.846-07:00

The following represents a chronology of emails on HOANET (hoanet@yahoogroups.com) in response to an initial post from the editor below, which said, in part:Happiness in an HOA is based upon, as any other authoritarian government, strict acceptance, obedience and conformity to arbitrary, financially oriented rules, not rules designed to foster individual, personal happiness leading to healthy

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1135609679973959892005-12-26T08:04:00.000-07:002005-12-26T08:07:59.983-07:00

Excerpt from closing paragraphs:The consumer home buyer must be protected under the police powers of the state, as we have with Truth in Lending, Truth in Advertising, strict liability, fair housing, etc. In all of these cases the consumer had signed a contract, yet the state felt the necessity to protect the consumer from provisions that were deemed harmful to both the individual and not in the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1135187598601419982005-12-21T10:51:00.000-07:002005-12-21T10:53:18.613-07:00

I just watched the ABC Barbara Walters special, "Heaven, where is it? How do we get there?" Part of this special was a discussion with His Holiness The Dalai Lama, spiritual leader of Tibetan Buddhism. It made me revisit the Dalai Lama's book, Ethics for the New Millennium (1999).In the first chapter, The Dalai Lama speaks of the effect of western materialism and the overriding emphasis on

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1134566531525932012005-12-14T06:08:00.000-07:002006-02-22T20:09:36.753-07:00

While the following Supreme Court decision focused on a Midland County's (TX) apportionment of voting districts, the reasoning applies to any local government.With respect to HOAs, why does state government allow a devise of a questionable "informed consent" private contract to permit developers to circumvent the law as applied to local governments? Could it be that the enforcement of a coercive

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1134327516339190472005-12-11T11:47:00.000-07:002005-12-11T11:58:36.980-07:00

Below are my comments on some important issues, most of which were not directly addressed by the survey. The questionnaire is not numbered, so I am forced to refer to the opening line of the question as a reference.COMMENTS:This was a survey of planned community or condo residents, and non-HOA residents were not included. How the random list was generated is not given. I presume from CAI member

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1132931094849980932005-11-25T08:00:00.000-07:002005-11-25T08:04:54.863-07:00

Letter to the Arizona Capitol Times, Nov. 25, 2005Replacing democratic local governments with authoritarian private governments: Is this good public policy?With another Legislative session soon to start, homeowner rights advocates are again seeking the substantive reforms to correct long-term problems with planned community governance. At the heart of the matter is the continued replacement of

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1132496518159061812005-11-20T07:10:00.000-07:002005-11-20T07:21:58.223-07:00

Below is a copy of an email sent to an inquiring Arizona homeowner:Unfortunately, the "system" and powers that be do not see your problems, and those of other homeowners, as requiring the legislature to step in and protect homeowner rights.Your voice needs to be heard at the legislature that will begin in January. We are again attempting to get enforcement on the agenda, licensing of HOAs and

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1132011034568168522005-11-14T16:14:00.000-07:002005-11-15T10:36:56.973-07:00

In Contracting Communities(1), the author makes a blunt statement of what really has occurred with respect to the alleged preference for planned communities:Those seeking to secure premium ambience [the planned development concept] . . . may be motivated by the belief that this local public good will be capitalized into the resale price of their homes. . . . Residents in private developments

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1130894443762654032005-11-01T18:08:00.000-07:002005-11-01T18:20:43.790-07:00

On p. 102, Part 1, Ch. 4, of Robert Nelson's book, Private Neighborhoods, the author quotes my 2000 address to the Arizona Legislature's Interim HOA Committee, the "jump-off" event for the following 5 years of homeowner rights advocacy in Arizona. The author also refers to HOANET as "a group of dissaffected unit owners", while stating'"George Staropoli called on the state legislature to adopt a

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1130538341730222962005-10-28T15:21:00.000-07:002005-10-29T06:45:40.016-07:00

"What Are Private Governments Worth?", Amanda Agan & Alexander Tabarrok, Regulation, Cato Institute, Vol. 28, No. 3, Fall 2005This is a very insightful question to ask and to answer, raising important public policy issues and providing direction for policy makers. To paraphrase, "Do the property value benefits of HOAs measure up to the protection and support received by state governments?" What

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1128867815845588242005-10-09T07:20:00.000-07:002005-10-09T07:58:47.520-07:00

October 9, 2005, Los Angeles Times Real Estate sectionLETTERS TO THE EDITORTAPES ARE ON THE UP AND UPIf a common interest development were a governmental entity there would be no problem with what can and cannot be done in a public meeting.What's wrong with the one that's been around for over 200 years? The US Constitution. Why must there be special constitutions for these de facto private

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1127251180113607282005-09-20T14:13:00.000-07:002005-10-14T07:36:51.270-07:00

In regard to a move by one HOA to oust its board, Arizona's Representative Chuck Gray told the Arizona Republic that "The homeowner's ability to take control of their association mirrors the function of all government . . . . Prior to Aug. 12 residents needed two-thirds homeowner approval to force a recall election. [Now just a majority.]Any bill that can be used to motivate homeowners into

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1126189804863910072005-09-08T07:16:00.000-07:002005-09-08T07:30:04.893-07:00

"[I]n the future, more complete forms of private secession may become possible. For example, if neighborhood associations become more numerous, the political pressures for substantial rebates from property taxes - for relief from the current system of 'double taxation' - are bound to grow."Private Neighborhoods and the Transformation of Local Government, Robert H. Nelson, (Urban Institute Press

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1125759917622946822005-09-03T07:56:00.000-07:002005-09-03T08:05:17.673-07:00

In the newly released book by Nelson, Private Neighborhoods, Nelson quotes Citizens Against Private Government HOAs (former name of this organization), pp. 342-3, Ch. 16, "The Executive Office". The material used (dated from 2003) reads, in part:"According to this group, the lack of rights protection reflects in part the fact that 'the HOA lacks a separation of powers doctrine as found in every

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1125596689319190322005-09-01T10:32:00.000-07:002005-09-01T10:44:49.336-07:00

Private Neighborhoods and the Transformation of Local Government, Robert H. Nelson, (Urban Institute Press 2005) [Not affiliated with the Urban Land Institute, ULI. See http://www.urban.org/].In reading Part V, "Creating HOA Constitutions", of Bob Nelson's new book, Private Neighborhoods, its 3 chapters are called: The Neighborhood Legislature, The Neighborhood Executive Office and The

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1125266974118756252005-08-28T15:05:00.000-07:002005-08-28T15:09:34.123-07:00

August 17, 2005Dear SacBee Editor,Curtis Sproul's letter called for the protection of CIDs as if they were a threat to the national security of California. Save the CID from government legislation and interference with a private association, he seemed to be arguing. This "hands-off" treatment of CIDs, as if they were principalities with their own private constitutions and laws, ignores the fact

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1125081031174903492005-08-26T11:28:00.000-07:002005-08-26T11:30:31.183-07:00

What individual rights, as are recognized by the law and our government, exist in the HOA contractual government? None. Read your CC&Rs, which do not specify any rights except the right to the use of amenities under restrictive conditions. And, if you are behind in your monetary obligations to the HOA, like a common criminal in our society, the homeowner is disenfranchised and that right is

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1124131889081883992005-08-15T11:48:00.000-07:002005-08-15T11:51:29.083-07:00

Letter to Arizona Capitol Times, August 5, 2005In the Arizona Capitol Times article on the homeowner association proxy bill or “ominous bill” if you prefer, about to become law, Rep. Chuck Gray, R-19, responds to my advice that HOAs should come under the municipality laws of the state. In this way, there would be accountability by the HOA boards. [New HOA Law Bans Proxy Votes, Makes It Easier To

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1123171509825850122005-08-04T08:57:00.000-07:002005-08-15T11:48:49.773-07:00

I am happy to see a new crop of political scientists take on the battle against private HOA governments as has Mr. Peirce in his Commentary, “Privatized Neighborhoods – The Future We Want?” (Arizona Capitol Times, July 29, 2005). Having read other exchanges on this topic between Mr. Peirce and Mr. Nelson elsewhere, I feel my comments are in order.First, as referenced in the Commentary, HOAs are a

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1122056576958265292005-07-22T11:17:00.000-07:002005-07-22T11:22:56.990-07:00

Former CAI president Wayne Hyatt, and co-author Susan French, devote chapter 4 of their book, Community Association Law (1998), to the topic of mini-governments."The third theory, 'symbiotic relationship' or the ' sufficiently close nexus', are less relevant to the common interest community setting of today [1998] but may have more relevance in the future. State action is found . . . ."The 1998

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1121964203362003852005-07-21T09:25:00.000-07:002005-07-21T09:43:23.406-07:00

I've commented several times on the astuteness of the Constitutional Convention representatives who met in Philadelphia in 1787 to rewrite and revise the current federal charter, The Articles of Confederation. It only took these wise men some 11 years to realize that the structure of the Articles was severely defective and a new charter was necessary. The result was the Constitution of the

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1121705493614390572005-07-18T09:41:00.000-07:002005-07-18T09:51:33.623-07:00

Let's take a look at this topic from the average home buyer's perspective, and not a legal one. This is a valid approach pertaining to the buyer's lack of legal expertise and understanding.The legal myth that you own your home in fee simple absolute is false, since the law now talks of property interests separately from ownership or title. That is, you may own the property but have very little

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1121353870434103152005-07-14T08:03:00.000-07:002005-07-14T08:13:57.916-07:00

First Supplement to Memorandum 2005-25Statutory Clarification and Simplification of CID Law (Public Comment)HOMEOWNER ASSOCIATION AS LOCAL GOVERNMENTMr. Staropoli asserts that a homeowner association has much more in common with a local government entity than it does with the typical nonprofit corporation. See Exhibit p. 6. Accordingly, he feels that a homeowner association should be subject to

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.comtag:blogger.com,1999:blog-8564628.post-1120672114807214872005-07-06T10:30:00.000-07:002005-07-06T10:48:34.823-07:00

Excerpts from my July 6, 2005 email letter to the California Law Review Commission relating to Memorandum 2005-25.--------------------------------Should public policy uphold the current doctrine that equitable servitudes are binding contracts that are agreed to by a purchaser when title to his home is accepted? Shouldn’t there be legislation to protect average citizens, home buyers and not

Citizens for Constitutional Local Governmenthttp://www.blogger.com/profile/03170321862538401695noreply@blogger.com