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.
It has dawned on me several times over the past few years that HOA outrages are most often reversed when a rogue HOA gets a ton of phone calls and email from angry people across the country. If you know that you, as a board officer or manager, are being watched by the whole country, you might be a little less rotten to your neighbor. In a well publicized case where an HOA official’s viciousness is widely publicized, would that official be more willing to step back and mull over the action he or she is planning to take? Certainly, when you lift up a big rock the vermin tend to scatter in the light of day.
The knives are out for homeowners in California after the historic Wittenberg v. Beachwalk court decision. The Court of Appeals ruled that Homeowners Associations MUST PROVIDE equal access to all means of communication if an HOA takes any kind of advocacy position for a board candidate or change in HOA rules. After 24 of California’s top HOA law firms pleaded with the courts, they were set back on their heels. The Court of Appeals essentially told the law firms to ‘get lost.’
Those Southern Mississippi boys shore know how to screw up a state!
The new community of Diamondhead is holding its first city election. The law allows political signs to be placed anywhere except city property. But the Diamondhead Property Owners Association doesn’t allow any political signs either. Unless you’re a Republican. Mayoral candidate Carl Necaise put his political signs out in the yards of people who weren’t actually in the POA. And he’s ordered his opponent’s signs removed because they happened to be in the front yards of people who actually are POA members.
Wow! Jan Bergemann, you are somethin’ else! I didn’t think your proposed legislation had a ghost of a chance of even getting out of committee. But Jan, my brother, you have accomplished a miracle. Just remember it’s only a small step, and you’re up against a massive HOA tort industry that will do anything in its power to ruin you, your reputation, your health, your bank account. Remember, you’re threatening the income stream of a very powerful and unscrupulous monster.
This is a preview of
“One Small Step For A Man, One Giant Leap (still to come)”
. Read the full post (150 words, estimated 36 secs reading time)