guest blog by Bob Frank (firstname.lastname@example.org)
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.