HOAs: The Trojan Horse

Today, I want to introduce you to Deboarh Goonan, of Independent American Communities. No one says it better than she and this is from her latest posting on IAC blog.

Beginning of quote:

It’s sad to say that America’s association-governed communities operate under the same dysfunctional and divisive politics — with the exception of occurring at the local level rather than the national level.
As previously addressed here on IAC, let’s take a closer look at due process in the context of your homeowners, condominium, or housing cooperative association.

For all practical purposes, is due process adequate in your association-governed community?

One of the biggest myths promoted by the association-governed housing industry is that homeowners have access to due process when faced with violation notices, assessment collections, or disputes over the validity of alleged breaches of contract.
Community Associations Institute (CAI) claims that due process is satisfied by giving a homeowner the opportunity to be heard by the HOA board, or a board-selected (hand-picked) violations committee. In their publication outlining Best Practices, Report #2, Governance, CAI provides a list of minimum standards to ensure quality governance of associations. With regard to due process, here is their recommendation: (see page 5)

The board provides for due process (the opportunity to be heard) for owners in association-related matters and the board encourages the use of alternative dispute resolution in appropriate matters.

Did you catch that? According to CAI, due process is merely an "opportunity to be heard," and "encourages alternative dispute resolution" (ADR).
But due process, as understood in the context of the U.S. Constitution and centuries of law going back to 16th Century England, is intended to offer greater protections for the accused, ensuring a fair hearing of the issues before a disinterested third party, and, preferably, a jury of one's peers.

End of Quote

You cannot get a fair hearing in an HOA when the tribunal is headed by those very people (the Board) who have caused the problem and made the decision in secret before or after you're heard. A community does not need a tribunal. HOA's are war zones. HOA Academies are being set up in several cities but are run by the HOA Industry where they tell you what you want to hear, not what you need to know. The HOA Industry is a Trojan Horse. Whether you're livestock or people once inside the walls you are trapped.

I urge you to add your e-address to Deborah Goonan's Independent American Communities and George Staropoli's HOA Private Government whether you live in an HOA or are considering a move to one.

If you have suffered HOA abuse, contact HOATruth.com. Dennis Legere is the principal advocate. Or you can reach me at EarsUp@iCloud.com. Full disclosure, neither are attorneys. We do this bc we don't like bullies. FREE.