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An Article
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A choice for Americans: The US Constitution or Authoritarian, Private HOA Government
The impact of the Twin Rivers opinion by New Jersey Supreme Court Justices
July 27, 2007
By
George K. Staropoli
(View author info)
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And since they are a 'corporate' and 'communistic' type ownership, the only individuals that realistically should be interested in them at all would actually be investors, those looking for a 'tax write-off' since these properties are nothing more than 'money pits' and certainly not intended to actually be 'lived' in by people who feel that with home ownership comes the freedom to do with what you wish with a property which you 'own.' They are nothing more really than a 'use right', and per previous acticles similar to the type of property ownership in China......so really, quite 'unconstitutional' in even now 'mandating' this type of residential development.
And until the states and cities challenged on this 'fraud upon the public' and definitely not with 'political correctness' which has occurred, is clear the 'greed' of the state is what is driving this......and it has truly surprised me that owners living in them have not DEMANDED tax credits for these additional taxes long ago.
The money for the infrastructure is already there.....the city demands the developers to put in the roads, street lighting, etc., and they are collecting the additional sales tax revenue, and usual property taxes as soon as the 'deal is closed,' and with a new development, the city 'maintenance' costs low...it is the drain on the schools and other services such as fire and police protection that are the main problem, but again, they are getting those 'school taxes' and also 'community taxes' as soon as the deal closes......and in the high growth states of the West and Southwest over the years....the additional sales tax revenue as also 'winter visitor' states already stratospheric.
This is greed, and nothing more.....with the city than using those extra taxes to file then even 'eminent domain' cases against property owners.....it is time to call a halt to this extortionary tax scheme.
Posted Jul 28 2007 5:19AM CEST
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Username withheld
Phoenix, Arizona |
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The court re-affirmed that private contracts relating to private HOA governance by means of restrictive covenants are off-limits to any government oversight or regulation. This legitimate exercise of police powers for the general welfare is characterized by CAI as government interference with the will of the people.
No, actually, 'regulating commerce' is a function of the government under the Constitution of the U.S. and most states.
It is a change in 'public policy' and 'law' in removing the 'fiction' of 'corporate personhood' that will have the most effect in these communities, and restore the balance of power.
And also Constitutionality.....but until that occurs, feel this piece really is a 'doom and gloom' view, since the case really was over 'equal access' and there was no real 'denial' of 'rights' to begin with...since the homeowners were allowed to post political signs, just restricted to the amount (arbitrary, grant it, and ridiculous as a postive in encouraging participation in 'civic betterment' and federal and local government), the times (with the community rooms - although 'charging' for them or 'requiring' owners to 'insure' the premises ridiculous, since they are 'paying' to maintain them), and access to the community newsletter (which they really did already have).
And it was brought as a 'state' action, and the 'state' has an interest in continuing to 'uphold' these as private contracts, otherwise if they acknowledge them as actual mini-municipal governments, they have been overcollecting taxes in these communities for years.
There is a 'governmental' interest in continuing to ignore the 'truth' of these communities, and it will take continued challenge at the federal levels to change that.
Posted Jul 28 2007 5:08AM CEST
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Username withheld
Phoenix, Arizona |
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