Updated                Sept. 2, 2017

"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."

Why do state legislatures support, promote and defend HOAs?  Americans want to know why! But, state legislatures remain silent as to why!  (See General Interest).

See Regulatory agency enforcement of HOA violations. "The enforcement of civil law can be found in such state (and federal) regulatory agencies."


“His knowledge is sophisticated . . . [Staropoli] has been able to articulate the deficiencies and the pending bombshells contained in the Legislature’s denial of the obvious: that the HOA system is badly broken and in desperate need of an overhaul.”   Neighbors At War!, Ward Lucas (2012). 

HOAGOV Education Series: understand the real lives of HOA members.  Visit Education. "When men who understand what is happening . . . when such men do not object or protest, men who do not understand cannot be expected to."  Milton Mayer, They Thought They Were Free, 1955.

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 SEE 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.
  
 



Table Table of Contents

The New America of HOA-Land, No. 1
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.









The authoritarian, private HOA government was not created to and has no legal obligation to protect and maintain individual rights and freedoms as does public government under our Constitution with its Bill of Rights. pan class="style8">

HOA member Declaration of US and State citizenship  -- Therefore, the members of the association, having not waived or surrendered their rights, freedoms, privileges and immunities as citizens of the United States under Section 1 of the Fourteenth Amendment, and as citizens of the state within which they reside, the CC&Rs or Declaration for any planned community, condominium association or homeowners association shall state, or be amended to comply, that,

The association hereby waives and surrenders any rights or claims it may have under law and herewith unconditionally and irrevocably agrees 1) to be bound by the US and State Constitutions, and laws of the State within which it is located, as if it were a subdivision of the state and a local public government entity, and 2) that constitutional law shall prevail as the supreme law of the land including over conflicting laws and legal doctrines of equitable servitudes.

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

 "CIDS [HOAs] currently engage in many activities that would be prohibited  if they were viewed  by the courts as the equivalent of local governments."  ... Privatopia, Evan McKenzie 

  "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 against associations",  wrote The Arizona Republic .

Background info on George K. Staropoli, Pres.


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         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:

               

          




ARTICLES, NEWS

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 Phoenix Job
--  -- 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