| |
I think Fred partially has hit the nail on the head. Taffy has come to the conclusion, as have I, that HOAs are in actuality a federal issue.
It is Constitutional private property ownershp rights that are at stake here, and what is, in essence, an abuse at the local level in order to establish 'enforced communism' throughout the major metropolitan cities of this country in order to bypass Constitutional eminent domain provisions (since assessments are actually 'taxes' and the restrictions to prevent blight - they do, in essence, allow private property to be 'taken' for homeowners 'without just compensation' in the event of any 'dispute' with the 'governmental' authority (Board, management, HOA attorneys) or in not keeping to the 'standards' that fluctuate from each change in 'governmental' authority.
The definition of these 'created' governments are, without a doubt' communistic. It took an Act of Congress in order to 'allow' a private property owner to fly the American flag on his own property - and if that isn't enforced communism, I don't know what is.
There is, and will never be, an adequate 'redress' for these communities, since they were 'government' created at the local levels, and are being almost unilaterally supported by the 'other' branch of 'government' - America's state and local judiciaries, the only solution is to address them not at the state, but at the federal levels, as an abuse of private property ownership rights under our Constitution.
These are no longer 'contracts' and even if they were, they are 'adhesion' contracts and the cities and states are on a one way path in mandating these communities for all future private property land/residential ownership in the future. It is, really at this point our children we are fighting for so that they, too, may be entitled to own unencumbered land rights in this country.
This all started when citizens initiatives, in order to limit every increasing property taxes, said 'no' to their state governments and limited their power to raise taxes. What the cities and states then did, in essence, was negate the people's 'no' with mandating these additional tax revenue schemes - the HOA, also forcing private property owners living in them to carrying a heavier burden of the tax load.
At this point, since the CAI has been successful lobbying for these laws in more than 37 states already taking away even more rights than the cities did initially, these are federal, not state, issues as I see it in direct violation of the U.S. Constitution and its intent in 'limiting' government - it has has allowed local governments now to even create another one so that now the progression, in direct violation of the intent of the founding fathers, imposes 'government, not only at the state and federal levels, but county, municipal and mini-muncipal (HOAs) in order to actually institute not 'democracy' but 'communism' eventually on all people at the local level.
It is the federal government that is needed to make any changes to this progressive erosion of American's constitutional rights, the states are protecting their source of revenue.
Posted Apr 14 2007 5:41PM CEST
|
