guest blog by George Staropoli
In my earlier guest blog this month, Uncovering The Real Community Associations Institute (CAI), I presented a number of CAI quotes on where it stood regarding constitutional protections for homeowners, and its claim that HOAs are not governments in fact. What does the HOA Establishment find so horrible, so objectionable, so damaging as to give rise to its rejection of our system of constitutional government?
The only arguments of any worth, regardless of how slight, is the false claim that HOAs are businesses and that this new form of government is what all the members signed up for and is the voice of the members. Really? In earlier internet postings on HOA Constitutional Government I presented the alternative of using special tax districts as a vehicle to return HOAs to the Union. This week I presented arguments that HOAs violate local home rule doctrine and are outlaw governments. HOAs violate even the most liberal of home rule statutes; statutes that would give the HOA concept all the local government control of the community, except its creation would now be subject to state approval and to our system of constitutional government.
As an example of how this approach is very do-able, I received info on Florida’s Community Development Districts, a form of taxing districts, but one not quite suitable for HOA governance. However, the MEADOW POINTE COMMUNITY DEVELOPMENT DISTRICT, GENERAL AND PROCEDURAL RULES document provides an example of the benefits and protections of creating HOA taxing districts. The Rules document spells out the procedures for managing the district under the state’s Administrative Procedures Act, Rule-Making statutes. It contains rules for record access, open meeting, board conflict-of-interests, etc. all under the municipality statutes. This is important as district boards and officers, as government employees, are subject to civil penalties of up to $10,000.
What it shows by concrete example is the protections of rights and freedoms for all the people; and a long standing legal doctrine or set of laws written not by profit-seeking lawyers and developers, but by people concerned with good local government under the constitution. It is an extension of the liberal home rule doctrine for local government and good for the people, the community and this country.