Updated March 13, 2019
"Public policy today rejects constitutional government for HOAs allowing them to operate outside the law of the land. The policy makers have failed to understand that the HOA CC&Rs have crossed over the line between purely property restrictions to establishing unregulated and authoritarian private governments."
"The HOA legal scheme as set forth in the governing documents and pro-HOA state laws, does not contain a fundamental principle of our constitutional system of government: checks and balances. The HOA board basically has, for all practical purposes, a free hand to function as an authoritarian government. The choice then falls onto each member to choose to follow his conscience either as a public citizen or as a HOA member citizen." See Rigged HOA elections create a false democracy; and see Civic responsibility vs. HOA member responsibility.
This work is licensed by George K. Staropoli under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Attribution must be made to George K. Staropoli as author.
AZ Attorney General admits SB 1454 HOA to be invalid and without effect
and court holds HOA provisions unconstitutional in 2013 lawsuit,
Staropoli v State of Arizona, CV2013-009991.
Want the truth? Read:
1. Will the real CAI standup: its contradictory beliefs, pronouncements and goals.
2. CC&Rs are a devise for de facto HOA governments to escape constitutional government
3. Unconstitutional delegation of power to HOAs
4. HOAs violate local home rule doctrine and are outlaw governments
5. CAI manifesto: CAI?s plan for HOA-Land in America
For a down-to-earth look at the HOA legal scheme, read HOA Common Sense: rejecting private government. Download from Amazon for KINDLE. Also serialized on HOA Constitutional Government. The HOA Vortex, above, shows the substantive defects in the HOA legal scheme and structure.
Table Table of Contents
The New America of HOA-Land, No. 1/a>
The new Enlightenment Age, No. 2
The Path to HOA Enlightenment, No. 3
Consent to be governed, No. 4
Democratic elections, No. 5
Fair and just hearings, No. 6
HOA Boards can do no wrong, No. 7
Draconian punishment and intimidation, No. 8
HOA Governments in fact, No. 9
Definition of HOA-LAND: HOA-Land is a collection of fragmented independent principalities within America, known in general as “HOAs,” that are separate local private governments not subject to the constitution, and that collectively constitute a nation within the United States. For more see, Defining HOA-LAND: what it is.
An excellent guide for citizens seeking to effectively lobby their legislature to bring about desired change by Colorado Senate Majority Leader Morgan Carroll. See review of Take Back Your Government.
Another "must read" is The Social Dynamics of HOAs: Why do people harm others in HOAs.
Read how this pro-HOA public policy has accepted HOA servitude laws to be superior to constitutional law: Legitimate Governments. See the proposed Truth in HOAs model act for use in every state. Take this important Poll on consent to be governed and surrender of your rights. AGREEMENT POLL. 92% of respondents voted NO (8/1/11). Learn more about the downside of HOAs: The Foundations of Homeowners Associations and the New America
"If there is no penalty [for] disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation." (Alexander Hamilton, Federalist #15)
"If angels were to govern men, neither external nor internal controls on government would be necessary." James Madison, The FederaliThe Federalist papers, # 51. And even more so for private HOA governments.
"If we are to make progress, we must distinguish the concept of a planned community, which is a real estate "package" of homes, landscaping, amenities, and rules, from that of the HOA, which is the undemocratic governing body of the planned community". ... George K. Staropoli
"While members may vote for board members as if they were electing councilmen or legislators, the HOA is not a real democratic institution ". ... George K. Staropoli, cited in Private Neighborhoods and the Transformation of Local Government, 2005
And the Land Shall Be Made Good Again a poetic retelling of the New America.
The HOA Warrior defending homeowners
wrote The Arizona
Background info on George K. Staropoli, Pres.
· Citizens for Constitutional Local Government (CCLG) believes that HOAs are independent, undemocratic, private governments operating outside the American system of government. If we are to make progress, we must distinguish the concept of a planned community, which is a real estate "package" of homes, landscaping, amenities, and rules, from that of the HOA, which is the governing body of the planned community. Only when the HOA is a truly democratic government and no longer an independent, private government will there be equality for all citizens.
Contact us at PVTGOV
"I get one email a week from homeowners", he said, "I have to tell them that under current law and statute, nonprofit corporations and HOAs have their own powers and there is no bill of rights to protect us as citizens." . . . George K. Staropoli, Arizona Capitol Times, 3/15/02
For more information on Arizona, click on the button.
For all buyers:
For help with a problem, or for information that you should be aware of or to request from the prospective HOA, view these important pages:
While Arizona advocates won a victory, see a video on how homeowner rights advocates had to fight for this success. See news video. Collected Papers: Constitutionality & Legitimacy of HOAs. See Phoenix ABC15 TV expose on Controlling HOAs (click on Controlling HOAs under Investigative Reporters).
For more: opinion (pdf) appeals brief (pdf) CAI amicus brief (pdf) Response to CAI (pdf). Twin Rivers Amicus brief filed by AARP. View homeowners' NJ Supreme Court brief (82 pages, 4.1 MB, PDF). The NJ Supreme Court heard oral arguments in the Twin Rivers appeal on Jan. 4, 2007. View history of decisions here .
Read about the hidden history of planned communities, and the role of the national HOA lobbyist, Community Associations Institute (CAI), in opposing constitutional protections for homeowners.
Collected Papers: Constitutionality & Legitimacy of HOAs
Recommended reading for advocates and concerned Americans
HOA Reforms to Guarantee Constitutional Protections
-- HOAs as a local government
-- To prevent the blessings of liberty
-- Why not local government?
-- Why a local government entity
-- HOAs as an unincorporated town?
-- The Other
-- -- The presumption of constitutionality
-- Reform Legislation versus De-privatization of HOAs
-- Constitutional Protections Subverted by Nebulous Court Opinions
-- Democracy in America
-- CAI Funded Book Admits HOAs are Private Governments
-- Historical parallel on HOA conspiracy of silence
-- Private Government HOAs are Defective.
-- Arizona HOA Study Committee fails to meet its Purposes
-- You can be held to anything, including additional financial obligations not related to the purpose of the HOA, without your vote. Read more about California Appeals Court decision.
-- Democracy on the Brink: HOAs allowed to violate US Constitution
-- HOA vs Civil Governments Govt.
-- Open Letter to Arizona Legislators file.
-- HOAs are Big Business AZ Capitol Times Commentary
-- The American Dream of owning a home. You shouldn't have to live under a private government
-- Listen to ACLU attorney and Rutgers Law professor Frank Askin speak about HOAs (10 min) -- constitutionality, adhesion contracts and effectiveness of legislative reform
Buyer's Guide to Living in a Community Association brings the latest developments with homeowner rights and in community associations across the country. guide