It is time to shut down homeowners association that violate our constitution and state laws

April 21, 2006

By Willowdean Vance (View author info)
Copyright Willowdean Vance

I congratulate the State of Arizona and the efforts of Arizona Governor Napolitano and Senator Jim Waring etc to save property rights.

I also want to remind all officials our constitution was designed to grant all citizens due process and equal protection and homeowner associations violate these rights as quasi-governments acting on unathorized authority that destroys property rights and in complete violation of state chartered non-profit corporations which require all directors to honor their fiduciary duty to treat ALL members as FAIR AND REASONABLE AND TO AVOID ALL ARBITRARY DECISIONS AND ARBITRARY ACTIONS.

A decision to sue or evict etc is an arbitrary action or decision so why have state attorney's failed to prosecute said board members or their law firms for this violation?

Also State Bar Code of Ethics require all lawyers to make sure a clients request for action is valid and to avoid any action to harass a client and we know dozens of actions are designed to intimidate and harass so why are the state bars failing to enforce their code of ethics. In short, we have laws on the books being ignored in all homeowner associations which add to the problem and make citizens lose faith in state laws and Bar Associations.

It is not fair or reasonable for a Homeowners Association to spend thousands to sue someone for a token late charge...the fair and reasonable action is to contact them for a face to face meeting over a cup of coffee to learn what problem caused the delay etc...on any first late charge. It is nver fair to file a nonjudicial foreclosure because it denies an owner due process or equal protection and the Constitution is the highest law of the land, so these quasi governments have no authority to act above the law.

Also any director or board guilty of being unfair or unreasonable should be removed from action and any board violating a cosntitutional right should lose it's non-profit status but the truth is the state fees are such amoney tree the laws are not enforced because officials value money more than honor or ethics...please remember the warning of Thomas Jefferson, Founding Father, "if at any time the Republic we have given you no longer works it is your DUTY to change it. "Our Republic no longer works because it violates the Bill of Rights and it's time for reform so get busy and notify the House of Reps we want a hearing for reform.

The American Dream cannot survive without property rights and the abuse of common interest developments has almost destroyed them, with so many unreasonable laws, fines, fees and liens...it's time to say, "Don't lien on me, " and restore our rights.

It is time to close down any Homeowners Association that violates the constitution and state statues to treat all members fair and reasonable or any HOA that makes an arbitrary decision or takes an arbitary action because none of them are above the law, and it's time for the State Bar Associations to bar any lawyer from practice who fails to make sure each HOA client has a valid action and is not spending legal funds to intimidate or harass someone at the expense of members maintenance funds.

In short these quasi governments need total reform or action to abolish them to save the American Dream.

The House Committee chair should conduct a national hearing on the loss of property rights in Homeowner Associations and take federal action to restore all rights.

The IRS is guilty of selective law enforcement to allow CAI to continue to make great profits with professional members when they received grant money from congress to educate and protect homeowners, not licensed professionals like law firms and management groups with deep pockets.

Congress granted CAI some $75,000 in grant start up fees for a program to help homeowners to live in harmony...and what America got from CAI is a foreclosure tsumani, the largest increase in homelessness since the great depression, and record industry profits using racketeering.