While I can understand why CAI wishes to keep  the current focus that HOAS are contractual  and therefore not a government, I do not understand why some advocates insist HOAs are not governments.    How do we correct the problems that exist within the very structure and concept of the HOA form of governance? (Please see my post on legitmacy of HOA governance).

I believe that any attempt to  get equality and justice, as they proclaim they are for, and CAI says exists in HOAs, cannot be accomplished by a private adhesion contract in favor  of moneymaking developers, without a bill of right and without the protection of the US Constitution.

What's their point? How can it do that?  They, themselves, even have argued that its an adhesion contract. CAI even admits that CC&RS can be judged as adhesion contracts by the courts.  Why? Because they don't want government interference?  Because they  want to  set their own rules and choose who will live in their neighborhood?  Well, that's acceptable, if as they argue, home buyers had full access to all information and made an informed choice?  Maybe that's why there's little support for a full written disclosure about living in an HOA.

Yes, courts have ruled that HOAs are contractual and in some cases did not contain elements it thought constituted a government. Yes, there have ben cases denying state actor stauts to  HOAs, but there has been many cases declaring cetain actions as state actions, and even a clear avenue to a favorable ruling that HOAs are state actors (agents of the government).

But guess what folks, the USSC or state courts haven't defined what a government is , other than a procedural one -- an organization formed under the state municipality/city laws  that governs a territory or subdivision.  Why not?   CAI and the courts take the argument that, well, many  nonprofits have some of these functions too, so the HOA is not a government. 

I can argue the reverse, that a government under the laws of the land do have the same functions as any organization that must have a GOVERNING body.  Whether called a Council, a Legislature, a board of supervisors,  board of trustees, a board of directors, etc. And, guess what, some of these governments have certain powers and others don't, but they are still a government.

Let's go  beyond the arguments of what the laws are and the laws say and look for just and legitimate laws and you begin to see the motives behind CAI to keep HOAs as private and not public.  (Obviously, it's to their advantage to keep  everybody focused on the current unjust laws). Could it be as I have argued that they need repressive CC&Rs with mandatory membership and compulsory dues in order to survive?  Read the history of planned communities and you will find the answer a definite YES.

And that's why they do  not want it public that living in an HOA makes you a second class citizen. As Professor McKenzie said long ago in Privatopia, "CIDS [HOAS] currently engage in many activities that would be viewed by the courts as the equivalent of local governments".

We are here to change the laws and make them just and fair!  And if that's truly one's objective, then you cannot get more fair and more just than as others are subject to under our system of government. Anything else is a private government for a select few, an attempt at utopian ideals which history has shown to have all failed except for a smattering of small groups.  What's wrong with our system of government?  Are there any viable and practicing government alternatives? What are they like? Are they democratic?

Again I ask, what are the reasons for advocates to say they are not governments in every sense except for being formed under the state municipality laws. 


Well, as posted earlier, what is a government? Here are some answers.

Note: The term "political unit" means the same as a territory or area with boundaries; such as, country, state, province, county, city, town, village, district, etc. "politics", the decison-making process of a group of people.

NOLO.com -- nothing

Columbia Encyclopedia -- system of social control under which the right to make laws, and the right to enforce them, is vested in a particular group in society.
local - political administration of the smallest subdivisions of a country’s territory and population.

Law.com -- nothing

Roget's -- Authoritative control over the affairs of others

American Heritage -- Exercise of authority in a political unit; rule

OneLookDictionary -- A government is an organization that has the power to make and enforce laws for a certain territory. There are several definitions on what exactly constitutes a government.

Merriam-Webster -- the continuous exercise of authority over and the performance of functions for a political unit;

Cambridge -- he system used for controlling a country, city, or group of people:

Wikipedia -- A government is an organization that has the power to make and enforce laws for a certain territory.

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Citizens Against Private Government HOAs
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