supporting principles of democratic government


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.

10  Myths About  HOAs

George K. Staropoli

Citizens for Constitutional Local Government

5419 E. Piping Rock Rd

Scottsdale, AZ  85254




May 2007