guest blog by Bob Frank (safe_mail@cox.net)I recently quoted one of the most prolific trade association bloggers as saying: “I know this has been said before but purchasing in an association is a contractual agreement between you and the association, the association is not the government and you have every right not to buy or to sell but communities need rules and they need the ability to enforce those rules.” Perhaps this is true, but the often-made statement disregards the FACT that CC&Rs COULD protect the constitutional rights and privileges of unit owners and other residents! But, they do not. Why developers and trade association members and state legislatures REFUSE to protect American citizen Constitutional rights and protections owning property and living in HOAs and Condos is the mystery. No statute forces such denial of American citizen rights. So, why do managers like Mr. xxxx and so many other property management people refuse to agree that such COULD be granted if only the industry was not so selfish? Why do business managers seem so uncompassionate and disinterested in the welfare of their true customers? After all, their customers are the ones who pay the salaries and produce the revenues enjoyed by trade association members. Do they not deserve far better representation by the business interests and their trade association leaders? Is this not a moral imperative? I am still seeking an answer to “What HARM will it cause to grant American Constitutional Rights and Protections to HOA unit owners and other residents?” No one in the industry has been willing to answer that question after many months of asking. Those that do comment change the subject or endlessly repeat the claim that a private contract does not mandate such basic rights to unit owners. So what? Developers could VOLUNTARILY include such Constitutional rights and protections to their future customers. Why do the industry leaders want/prefer to deny such basic property and citizen rights to HOA/Condo owners? I don’t understand or accept the silence and deception, and I will continue to consider it my duty to encourage others to help me ask the question until someone has the courage to fairly and accurately answer it. |
The answer is simple. Rights to homeowners would level the playing field. HOAs could not operate the way they do with homeowners having rights or options to be in the HOA or not.
Property managers do not consider HOA or condo members as customers. They are immediately prey and their money is the pay off. Customers coincide with earning and working to keep the business. If that were the case property managers would fall flat on their faces because so few of them know how to run a business. They are excellent at intimidation, threats, encouraging the boards to file lawsuits, misrepresentation of what they are capable of doing, often times corrupt and full of thieves, and operating with unskilled and incompetent employees.
Giving homeowners rights and treating them like customers would require knowledge and skills they don’t have. They can’t justify their answers so they avoid your questions. These property managers are not highly intelligent people, they are just bullies from the experiences I’ve had with them. I’ve found they are good snake oil salesmen and such a high percentage of board members are incapable of detecting that so they interpret their sales pitches as true talent.
I support you 100% in your pursuit of the truth and rights for the homeowners/victims! Never give up!
The only answer I have seen is that having no rules would lead to “anarchy” according to Mr. Manager Xxxxx.
How wrong he is. The Constitution was specifically written to provide protection of rights and balance of power, in order to avoid anarchy and abuse of power! Anarchy follows when people overthrow dictatorships, oligarchies, and pure democratic “tyranny of the majority. ”
The Constitution created our Republic under deomcratic principles that still respect the rights of the minority, and that has been stregthened in the last century with the addition of Civil Rights, rights for women, rights for the disabled.
As long as HOAs remain classified as legal “businesses” not subject to Constitutional requirements or scrutiny, the financial stakeholders retain control and the legal rights to abuse power! The stakeholders will never relinquish such power unless they are forced to do so.
The question is why our State and Federal governments allow HOAs to assume powers reserved for governments, but without Constitutional Constraints?