guest blog by Robert E. Frank, Colonel, USAF (Ret.)
Founder, HomeOwnersCoalition.org & Veterans Advocate
On American Independence Day 2014, is it time to implement “Equal Justice Under The Laws” For HOA & Condo Owners?” Are legislatures willfully violating our citizen rights? If so, why?
– Federal Laws require all states to comply with the US Constitution as the Supreme Law of the Land.
– States are required to support and defend the US Constitution when passing statutes and implementing regulations.
– States, counties and cities are required to support and defend the US Constitution in their statutes, regulations, rules, codes, etc. that bind all citizens.
– Local government rules, regulations, codes, etc. establish the controlling concepts and limitations in CC&Rs for when, how and by whom Homeowner and Condo Associations are established, maintained and how the property owners are governed in addition to standard government restrictions.
– So, why can the state and local government authorities legally allow developers to implement CC&Rs that violate the Constitutional rights and protections of HOA and Condo property owners? Is this not morally deficient, if not exactly illegal?
– Is this not a clear case where the government is violating its own agreements and mandates to “EQUALLY” support and defend the Supreme Law of this Land for all citizens?
– Does claiming that because HOAs and Condos are created as special, quasi-governmental corporations there is no moral or legal obligation to protect all citizens equally under our Supreme Laws stand up to even plain old common sense arguments?
– How can state government authorities, on one hand, rigidly control the creation of property and the associated governance regulations and rules of HOAs and Condos; but, on the other hand, (much like the Pontius Pilate of the Bible) ignore the fact that they are directly aiding and abetting the conscious denial of equal justice under the laws for HOA and Condo owners?
On American Independence Day, please explain why such crass injustice can be tolerated and ignored by so many in this industry?
Why won’t every single one of you Americans reading this topic stand up and demand “equal justice under our laws” for HOA and Condo owners?