Updated    July 5, 2008

The website the industry and state governments don't want the public to read.

Read 10 Myths About HOAs.        Discover books & DVDs supporting homeowner rights: Starman Publishing.

 

             Wish to accomplish reform legislation?  Then you must view "What Happened" and learn about the true workings of legislatures.   Do you prefer videos?   Learn how powerless homeowners are when fighting for fair and just treatment by the HOA   board, and the extent to which state laws protect HOAs and deny homeowners the equal protection of the laws.    Visit the  HOAGOV Video Channel.         Not TV "news" entertainment!  No nonsense reporting!

"An unjust law is no law at all"    (St. Augustine)

Read  about Arizona attorney fee statutes -- remember your CC&RS probably permit attorney fee awards.

The New Supreme Law of the Land: Property Servitudes.  Read "How Servitudes replaced the Constitution in HOA-land".

       Can the people contract to form private governments to bypass the Constitution? Read more . . .

A newly released law review article severely criticizes the legal structure and operations of homeowners associations, contradicting the "highly satisfied" polls by the national lobbying organization, Community Associations Institute (CAI).  The authors write: (1) Buyers are left to contend with a draconian package of restrictions that, unfortunately, is remarkably resistant to change; (2)  the pervasive privatization policies of local governments and the self-interested motives of CIC developers, that are at variance with the best interests of CIC homeowners; (3) CICs must be afforded the opportunity to shed their command-and-control rule regimes in favor of templates aimed at reinforcing norms of basic neighborliness. For more . . .(PDF).

See also, the "Hannaman Report" prepared in 2002 by a NJ official in the Department of Community Affairs for the State of New Jersey. This paper was presented for a Rutgers Panel on Homeowner Association Problems.

Furthermore, in its Twin Rivers opinion, the NJ Supreme Court reaffirmed the communal nature of HOA living.  The Court stated: "The mutual benefit and reciprocal nature of the rules and regulations and their enforcement is essential to the fundamental nature of the communal living arrangement that the residents enjoy." Hear how your fundamental rights are lost as a result of your private contractual HOA "constitution" that supersedes the US Constitution and select "NJ Supreme Court" videos.

ALERT!!  PVTGOV News Video:  A powerful message for advocates across the country -- put Rules of Engagement to use and get results. View the FL HOA committee adopt this tough position with HOA director and HOA attorney. Go to Select Committee.  View the Arizona legislator who observed that "this legislation tries to solve the ills of society" as substantive amendments affecting the legal scheme of HOAs are presented by pro-homeowner attorneys -- go to Society.

For important information regard current Florida advocacy developments, see new video at StarPub and click on FL Advocacy  For a transcipt of the video and referenced materials, see Transcript.


  An index of some 190 of my commentaries on homeowner associations, CAI, legislation and constitutional principles is now available for research.  These "eEditorials" begin in August 2004.  See Index

"If angels were to govern men, neither external nor internal controls on government would be necessary."  James Madison, The Federalist papers, # 51.  And even more so for private HOA governments.

View selected Index to eEditorials.  You can receive syndicated editorials on your My Yahoo page   Add to My Yahoo!   or to AOL Add to My AOL Or, right-click the RSS icon. click on "copy shortcut", and paste to your RSS reader, like NewsGator, Newsis Free, etc.

 View this important presentation on HOA Laws & Issues (Requires MS Internet Explorer browser).  For court opinions on HOAs as a mini-government, see (Mini-government).  

And the Land Shall Be Made Good Again: a poetic retelling of the   New America.     

"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

 

"The HOA Warrior defending homeowners against associations",
wrote The Arizona Republic .
Background info on George K. Staropoli, Pres.

Visitor:

 

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 that do not allow me proper due process if I disagree with the HOA, there can be no social gathering of friendly neighbors. This is a contractual arrangement that is one-sided against me, and all other individual homeowners. If you want a friendly social gathering of neighbors, throw away the threat of financial distress, the state supported CC&Rs, and we can then act like good, friendly neighbors."

 

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