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supporting
principles of democratic government |
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1. MYTH: The HOA attorney represents you, and will assist you in your claims of wrongdoing against the
board. REALITY: The
attorney represents the HOA as reflected by the board. He defends the
fictitious person, the HOA, that is the attorney’s client. 2. MYTH: In spite of your contractual CC&Rs, your civil and
fundamental rights are still protected
by the Constitution. REALITY: As a private contract, your CC&Rs have priority over the
Bill of Rights, unless those particular rights are so enumerated by the US
Supreme Court, such as the Fair Housing Act.
People have the reedom to contract and can surrender their rights as
happens, many times unexpectedly, as stated by the CC&Rs. 3. MYTH: Disputes are resolved by an independent tribunal with an
opportunity to examine witnesses and
the charges. REALITY: Generally,
the board issues complaints and decides the issue. 4. MYTH: You can file a complaint with the local government for
enforcement of state law violations by the board. REALITY: HOA
disputes are treated as private disputes, and local police / attorneys do not
get involved. Filing a civil suit is
generally required, even in the case of a state law violation. 5. MYTH: If unhappy with the board, homeowners can vote the board out
in any election as elected public officials can be voted out. REALITY: There are no
protections against violations of the election process, nor oversight of fair
elections since the incumbent board, like a corrupt political machine,
controls the elections and hears any claims of voting irregularities. Unlike a public government, the board does
not represent the homeowner, but the HOA and must defend its purpose, first
and foremost, without concern for individual liberties. |
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10 Myths
About HOAs |
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George K. Staropoli Citizens for Constitutional Local
Government 5419 E. Piping Rock Rd Scottsdale, AZ 85254 |
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Phone:602-228-2891 Email: george@pvtgov.org |
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May 2007 |