Subj: | [hoanet] Reform versus de-privatization |
Date: | 1/17/02 9:09:20 AM US Mountain Standard Time |
From: starmangroup@cs.com Reply-to: hoanet@yahoogroups.com To: HOAs@yahoogroups.com, hoaa@yahoogroups.com, ahrc@ahrc.com CC: CHORE@yahoogroups.com, hoanet@yahoogroups.com |
In a message dated 1/16/02
6:54:25 PM US Mountain Standard Time, xxx writes:
Then what's the point in trying to seek legislative reforms? If you
don't want privatized local government, then work to eliminate it.
I agree. Now, let the Loner in the Wilderness attempt to explain
his position.
I am well aware that this bill only touches on 2 items that need
addressing and not on the dozens of others that need to be
addressed. Too little, too late and no meaningful change. The
horror stories will continue. Civil liberties are still being
denied. However, as I said, this is a step forward. Again,
except for a few attempts to provide for enforcement, nothing has
changed. The BODs and their cohorts in crime, the HOA attorneys,
still can go and do as they please.
I view this legislation as a sub-goal, serving to help explore
the issues. Can we even accomplish the passing of this bill? Well,
look who sponsored it. Representatives with relatively few HOAs
in their districts. (About 50% of the population of Arizona is in
the Metro Phoenix area and Tucson has less than half that). I
applaud their efforts on our behalf, but don't get excited.
We can look forward to maybe bits and pieces from the legislature
over time. The real relief can only come from a de-privatization
of the HOA, while not eliminating planned communities, but by
bringing them back into the American Zone. That's
what I feel will be the end result of all these attempts
to attain reform legislation. It is the realization that
the only real solution to the issues being raised is to subject
the HOAs to the laws of the land, for better or for worse,
without special preferences for these undemocratic
corporations.
And this will require the involvement of the Courts. Of
course, the legislature can pass laws until, when and if the
Supreme Court is brought in to decide the issue under the
separation of powers doctrine, as the legislature is now doing in
favor of HOAs.
Any arguments by advocates, in effect, to retain
special laws to allow the HOAs to hold the maintenance of property
values above the rights of American citizens are arguments
against the American system of government. So, while everyone
argues for the right to fly the flag, the flag is only symbolic
of the our way of life and HOAs are not. It's that simple.
And many advocates are not ready to accept that. They believe
that HOAs can function, as they are, in peaceful
coexistence with true democracy. You must choose: either
the rights of citizens are paramount or some other objective,
whatever it may be, is paramount. And the changes required to
make the restoration of civil liberties happen requires de-privatization
of HOAs. Either homeowner rights come first or bricks and
mortar. This is what all these reform efforts will
amount to in the final analysis. "Reform" legislation
is just a series of step toward de-privatization.
(The fact that many homeowners may still prefer to live in HOAs
presents a real practical problem as I tried to explore in
my Exit Plan. But the practicality of a solution should not
lessen the fact that HOAs are outside the American system and
have gotten that way through deceit and the failure of the
government to protect its citizens -- the full disclosure /
private contract issue).
This process of reform legislation will internalize the
realization that the HOA model of government is defective and
must be replaced. As I have said in my Exit Plan, echoed
somewhat in Texas, homeowners must vote on the status of the HOA
periodically and those on the losing side have a decision to
make. That's about the only fair way to handle the
problem, because our government has allowed the problems to
become unmanageable.
So, here in Arizona and Texas and elsewhere, are we going to
get meaningful enforcement which will bring HOAs back into
America? This is a necessity. It will make all other problems
easily fall into place. Arguing for these reforms without a
restorarion of the Bill of Rights, de-privatization, is putting
the cart before the horse.
___________________________
HOA Network
Citizens Against
Private Government HOAs
"We must
make the injustice visible" ... Gandhi
George K. Staropoli
pvtgov@cs.com
http://pvtgov.org