Tag Archives: George Staropoli

George’s Take on the Amateur Radio Parity Act

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We have some really great minds in our movement. But when you ask the experts who’s in the top three… George Staropoli’s name inevitably comes up. That’s why I’m asking all of you to check out the link below, in which George discusses the Community Association Institute’s fight against the right of ham radio operators to operate in Homeowners Associations. When trying to explain to your attorney or your legislator how insidious and deceptive the CAI really is, include a printout of George’s analysis. It’s short, but it’s amazing insight.

(CAI flexes its muscle in Congress arguing Constitutional law and judicial review)

 

Why Does The HOA Establishment Reject Constitutional Government?

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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.

Community Associations Institute (The Disinformation Institute)

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guest blog by George Staropoli

Think in terms of the Third Reich and the Ministry for Public Enlightenment and Propaganda, Josef Goebbels in charge.

CAI is the modern incarnation of the Ministry. If, as has happened, CAI goes unopposed with its ongoing propaganda campaign about the grand and glorious benefits of HOAs without even whispering “constitutional violations” or “de facto private governments” who will believe anything is amiss?

What? Those malcontent, troublesome homeowners who don’t know how to live in a community with rules? That handful of trouble makers? They can’t even write decent legislation! Let the CAI lawyer/lobbyists explain the issues to your legislators so you can make better decisions.

Who would you believe?

Over the years CAI in Arizona has been basically silenced in the public media, because I would confront, challenge, and expose their lunacies and false statements whenever I could.

In the 2000 – 2005 time period the CAI repeatedly slandered homeowner advocates. We often heard statements from legislators like, “You’re just trying to get out of a contract.” “You agreed and you should have read your contract.” “Anyone who didn’t read or understand their CC&Rs and signed anyway was really stupid. I wouldn’t do anything like that.” Or even worse, “If you don’t like your HOA, just move out. That’s all!”

This year the Arizona Legislature approved SB 1482 without any questions being raised in committee. The bill was simply voted on and passed. Why? An almost identical bill was passed last year but failed in the courts. Also last year I repeatedly confronted and exposed CAI simply by quoting erroneous statements their lobbyists had made in public. Many legislators began to realize CAI was feeding them bad information. Of course, the previous law was eventually thrown out by the courts because it was fundamentally illegal.

However, CAI lobbyists still walk the halls of the legislatures whispering in each lawmaker’s ear, spreading the same old disinformation. This will never change unless voters contact their legislators and truly educate them on the issues.

On Stopping Bullies

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guest blog by George Staropoli

And how does one stop a bully?

Here’s a short, direct answer, not from me but from Alexander Hamilton:

“If there is no penalty [for] disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation.” (Alexander Hamilton, Federalist #15)

Proposed HOA reforms must include necessary and sufficient detriments to put an end to HOA bullying and abuse. People do not become angels when they become a board member, like our astute, politically savvy legislatures would like you to believe.

“If angels were to govern men, neither external nor internal controls on government would be necessary.” James Madison, The Federalist papers, # 51.

“CIDS [HOAs] currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments.” … Privatopia, Evan McKenzie(1964).

Much of HOA legislation does not contain external enforcement provisions, such as an outright “null and void” statement, but rely on the goodwill of upstanding citizens and officers of the court to do what is right as intended by the reform legislation. Well, we know that that is a vast delusion. We see HOA attorneys seeking loopholes in statutes, bring up vague and unsupportable questions of law, etc. to intimidate homeowners into not taking action or else pay through the nose. All those words and clauses that the attorneys seem to find vague and unclear and seek civil action to clarify their meanings.

No, stop the bullying by imposing civil penalties on those who do not serve good public policy to make better communities, rather than to stuff their pockets. Like special taxing districts, civil penalties abound in the laws of all states. I prefer misdemeanor charges to make the message clear.

AZ GOV Committee Burns While Chairperson Ugenti Fiddles For Campaign Funds

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guest blog by George Staropoli
 
The Arizona House Government Committee is chaired by Rep. Michelle Ugenti.  Why hasn’t she held her House GOV committee meetings for the past 3 weeks, 4 in total (just under 50% not meeting)?  
 
Here’s a copy of the latest Ugenti flyer to raise funds for her campaign   Does her personal agenda –  campaigning for re-election – come before the work of the Legislature and her committee?  Before the people?  Is she so indispensible to the Arizona Legislature that she must be re-elected?  Or is she so desperate to get re-elected in the face of past acts and actions?
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Please Join Congressman David Schweikert and Host Jim O’Connor

For A Meet and Greet In Support Of:

Representative Michelle Ugenti

 
Contributions to Michelle Ugenti’s Reelection Campaign Are Encouraged and Accepted

Registered lobbyists cannot contribute at this time

 
The maximum donation is $2000 dollars per individual and $4000 for couples with joint bank accounts. PACs can contribute up to $4000. Corporate contributions are prohibited
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Last session she attached her twice defeated HOA omnibus bill, HB 2371, in the waning hours of the last meeting of the session causing Senator Griffin’s SB 1454 to violate the Arizona Constitution and House Rules. A law suit was filed and the attached Ugenti amendments were declared invalid.  However, ARS as posted on the Legislative website, ALIS, still shows the invalid laws without any annotation as to their unconstitutionality.
 
See:  HOA SB 1454 progeny: passing SB 1482/HB 2695 would be an act of tyranny by the AZ Legislature and view the important reference links to other posts.