"...to preserve, protect, and defend the Constitution of the
United States against all enemies, foreign and domestic, so help me God."
If you have any questions about what a Mandatory Association is, you've come to the right place. Please review "The HOA PRIMER", which is an unbiased, educational perspective on what has happened to our American neighborhoods:
HOAS GONE WILD -
http://www.ccfj.net/HOATXHOAGONEWILD.html
Here's a link to a two-part TV news report from AustinThis is a "must see"!! This Texas Senator turns on the peti-fog machine when confronted about his conflicts of interest and his questionable activities in the Texas State Senate. His litigation factories generate revenue for him in over 30 states. With or without fines, he's bilking billions out of American neighborhoods under the color of authority...a pretty, fascist authority that is! Let us review what the law says about a conflict of interest, shall we? § 572.053[0]. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR BILLS; CRIMINAL OFFENSE. Also, the constitution says Senators should ABSTAIN FROM VOTING on any bill that could be a conflict of interest (in spirit). I've seen evidence that suggests Senator Carona ignored the constitution and the law. He votes on all the HOA bills that come up - so you be the judge! Read the law for yourself. Then look at the evidence in the journals of the Senate - Carona voted on HOA legislation for the past umpteen years. This is an undisputed fact. What is in dispute is if he has violated this law - and this is something a JURY should decide:
§ 572.053[0]. VOTING BY LEGISLATORS ON CERTAIN MEASURES OR BILLS; CRIMINAL OFFENSE. In my opinion, Senator Carona is GUILTY of high crimes and misdemeanors. That makes him a criminal - and he is very well organized. Organized crime kingpins like this make a lot of money colluding with the big developers writing "contracts" that are loaded with rules that make just about any activity in your yard a violation. Plant a shrubbery, get a fine from the MAFIA. KB Home, Pulte, and most other development companies promulgate these Adhesion contracts on all of thier housing for the American sheeple. Who will enforce the LAW and see that they follow the established process for creating these "up close and personal democracies"? There has never been a petition signed or a vote taken to establish or renew the dual-HOA prison contract that affects my home.
WHAT DEMOCRACY?
Put it to a vote (via petition), and show me the signatures of the super-majority required to properly found a mandatory HOA in Texas. According to property code 201 you need a majority. So how did we get so many mandatory HOAs in Texas when not a single petition was ever signed the buyers of the lots in your neighborhood when the developer sold them? Click here to read "Pretty Fascist communism" by Nancy Levant.
Now that you've read the HOA Primer and a few stories, let me say this about Homeowner's Associations:
VOLUNTARY membership non-profit corporate associations are a blessing to the people of Texas and all who join them.
But MANDATORY membership non-profit corporate associations are something different - there is something very wrong with this Mandate, and it is un-American in spirit. The principles of DEMOCRACY is the cure for this unwashed Color of Authority. Should the HOAs learn how to create and circulate a petition? The law says this is how to do it...so why don't they follow the law?
It's time to hold Mandatory HOAs accountable to the people they govern. We know the cure for this disease - right here, right now, take your shot. Follow the process found in property code 201 and if the people choose not to sign, then don't dare ask twice or you won't like the second answer you get. These un-documented authorities must be dissolved and demoted into VOLUNTARY money donations - never use extortion threats of foreclosure against any homeowner again. EVER. You've blown your chances of keeping this power, unless you can get 51% to renew the charter.
Did you ever sign a petition to form your MANDATORY association? I'd like to know of anyone in Texas who lives in a mandatory association formed in accordance with the LAW that was written in 1984. In order to establish Mandatory Associations in Texas, there is supposed to be a petition circulated amongst all the owners. Look at the law and see for yourself - then please tell me the answer out loud!!Property Code 201 alludes to a process that follows some basic, Democratic principles. The petition process is supposed to be used to create, renew or modify the "contract" know as a mandatory Association Covenant, Condition and Restriction (CC&R). Who could deny that we all enjoy the right to form a contract in a proper manner?. I do believe that the automatic renewal clauses in all of these unwashed MAFIA organizations are a fraud and should be shut down until a properly ordained petition is established...with a 10 year expiration date that requires another petition at that time to renew the charter again. While I'd recommend a yearly renewal for any HOA I want to belong to, I'd like to see the state legislature put a cap on these corporate contracts at 10 years. Automatic renewals establish a thing called a perpetuity, also known as an "everlasting contract". These are patently unconstitutional. Perpetuities are expressly forbidden in our Constitution. Are we a constitutionaly Governed Society? Not when the MAFIA is allowed to maintain the Status Quo.
Was your mandatory association formed by the democratic process in the LAW created for that purpose? I can say that everyone who reads this probably answers NO to this question. The CAI lobby wrote this law. These authorities HAVE NEVER USED THIS PROCESS to establish the "contract" agreements found in all CC&Rs today!!! WHY NOT???? It's called "manufactured consent", thru adhesion contracts placed on all new housing. Consumers are cast into Feudal Wars as a consequence of these "agreements". Welcome to Mideval Estates...must we repeat history and return to the Fuedal ways of Moats with Poison Snakes, traps and snares to keep the vermin from invading our homes? I think so.
Above is a video showing my way of spreading the word every day in my neighborhood. Below is a blog about where you can find these bumper stickers. Bumper stickers $1. Freedom of Speech - Priceless!
Domestic Enemy of our Constitution
Most Americans wouldn't know a domestic enemy if it banned peace wreaths at Christmas (Robert Kearns, President of the now infamous HOA wreath incident) and dictated the color of one's shingles (of the new roof that the homeowner pays for out of his own pocket).
The stupidity of mankind has sucked 70 million Americans into these vats of Fascism. Ayn Rand's most despicable light on government shines brightly from these Mandatory Association "contracts" in this country. Detatched family homesteads should NEVER be subjected to such authorities after developer control ends, unless the authority is democratically renewed on a yearly basis in a secret ballot vote where 100% of the owners are counted, and at least 51% must agree to renew the authority vested in the CONTRACT.
Wise men wrote our Constitution. There are many Kearnses in our country - blindly obeying authority while ignoring the deliberate circumvention of our most sacred Constitutional rights.
This is not an isolated incident, nor is this color of authority worthy of being allowed to rule any detached-family-homestead-owners unless it passes muster in a democratic renewal process.
Mandatory Associations in America were not formed in a Democratic or voluntary manner. Wake up and smell the Corporate Fascism of the worst kind - trading our constitutional rights for the almighty dollar. These contracts demand that we pay into the coffers of enforcement authorities (the HOA lawyers and Management company/HOA officer indemnification insurance policies) all under the facade of "protecting property values". This land isn't worth a dime if it isn't in the land of the FREE and protected from tyranny that comes with the abuse of these unholy powers granted in HOUSING VENDOR CONSUMER CONTRACTS.
Enforcement of any rules via a HOA PRESIDENT or ARCHETECTURAL CONTROL COMITTEE is an act of Fascism when the regime is never required to pass muster by democratic renewal process. This should happen at least once - when the developer leaves the development and "turns the neighborhood over to the new owners".
Free Choice should come at that moment in time...do we really want this monkey on our backs? You are only one election away from having a zealot take control of your association. Election fraud in these "up close and personal democracies" is more rampant than any bananna republic.
70 Million of us live in Ayn Rand-styled government prisons. These Gulags were created by organized crime rackets, who profit from such stupidity. They operate under the guise of benevolent non-profit corporations - but we are beginning to clearly see the scam - these maggots are taking our constitution with them to the bank.
What more can I say than "PUT IT TO A VOTE" ?
51% or you must acquit!
These are not democratically founded authorities, so how have they managed to over-run the housing market? (FRAUD! "MANUFACTURED CONSENT" to unconscionable contract terms) It's to the point that you cannot find a house in a new neighborhood that doesn't have a mandatory HOA, enter monopoly.
It is time to put this to a VOTE, and only IF at least 51% of the owners living in them say "we like it, we love it, we want more of it" should they have any authority or right to exist as a mandatorily funded non-profit corporation. I will gladly live with the "Mandatory" terms of this extortion racket contract if 51% say yes. The contract should expire if the majority decide we do not want some Robert Kearns on our back for putting solar panels on our garage. These associations should be converted to VOLUNTARY memberships where they run on DONATIONS to fund any ammenities. You say your HOA has no ammenities? WHY HAVE A HOA THEN? DUMBASSES. The powers of extortion and all developer authority vested in these contracts should be extinguished when 50% say NO MORE.
They don't have any problem getting checks for dues payments, so they shouldnt have any problem getting notarized signatures on postcards each year when they send the HOA bill/package-of-hate to each and every one of us. SHOW ME THE VOTES and I'll SHUT THE HELL UP!! I feel like I am in prison now, and here's the appeal - 51% or you must acquit!!
"Unconscionable Contract terms" were slipped into the purchase agreements of almost every new house built in the United States by the big housing industry over the past 20 years. I beleive these are deceptive trade practices, and the terms of these contracts have changed what WAS a benevolent, voluntary, NON-PROFIT corporation concept into a cash-cow business based on litigation and oppression. Deliberatly circumventing our constitutional rights leaves us all vulnerable to oppression such as free speech infringement and forced sale of homesteads for petty "debts". Virtually every rule written into these "contracts" in intended to subvert a constitutional right retained for personal homestead property ownership. Painting ones' house trim is a "CIVIL CRIME" unless you obtain permission from the ARC. Every minutia of basic maintenance has become a source of litigation. How sad is this? Read Ayn Rand's ATLAS SHRUGGED - Dejavu.
Once upon a time, the Non-Profit corporation fostered a sense of community. Voluntary membership had a benevolent purpose and a sense of pride in one's community. It is the opinion of this writer that all HOAs should be funded thru voluntary donations. Once a developer leaves the community, the ARC should be dissolved, never again to be the authoritarian menace and a tool of oppression that the developer used during his reign as supreme ruler. Do not confuse this opinion with city code enforcement for general residential code enforcement, which is a very substantially complete property protection mechanism in San Antonio. http://www.sanantonio.gov/codecomp/EnforcementCodes.asp There is no need for the mandatory HOA authorities when the city satisfies all the requirements of safety and general aesthetic needs for our neighborhoods. This opinion does not apply to condominiums, townhomes or country club "all inclusive" housing. This site and the opinions contained herein are about housing built by the largest housing mills ever seen in the history of the world. This site is about the extortion racketeering and deceptive trade practices of KB Home, PULTE, CENTEX, and all other developers who work in collusion with the Community Associations Institute (CAI) to conscript millions of housing consumers into lifetime membership contracts that MANDATE protection payments to the MAFIA. This site is about the consumers of basic shelter who are forced beg permission from the Architectural Control Authorities to do routine maintenance on thier homestead properties - or risk the pains of getting nailed to the wall in that emotional gas chamber of "Civil Litigation" for breaking the rules of the Godfathers (the developers) and excersizing freedoms enjoyed by generations of homeowners in this country as a basic human right. EXTORTION CHAPTER 1
The first sting of extortion racketeering came about three years into life in a Mandatory HOA. At the very first mandatory HOA meeting I ever attended, I asked "what does this association do with that money?". The manager said "it goes to pay for the streetlights and the trash collection". Okay, fast forward a couple years later, the city of San Antonio annexed Stone Oak and took over the streetlights and the garbage issues for over 1000 homeowners in this development with tax assessments about 7 times the HOA dues payment. My wife and I decided that since the HOA is no longer providing any services, we would "unjoin" and stop paying the little HOA bill of $60 dues twice a year. Three months later, we got a letter from the HOA management company's lawer with a bill for ~$250 and a threat that they would start foreclosure in 30 days if we didn't pay up in full. This threat was over the $60 dues payment (allegedly to pay for lights and garbage, remember?), plus $30 late fees, plus a $150 "collections fee". I paid the extortion after consulting with a lawyer about it and was told I could not "unjoin" the Non-Profit corporation, which contradicted every belief I knew about the Non-profit corporation concept. That's when my suspicion that this was an organized crime activity began, and has since been confirmed.
The rest of this webpage has an assortment of information, including a few strong opinions about Mandatory HOAs. Brace yourself, the gloves are coming off!
This distress symbol takes you to a website called HOA News Network. Here you can see videos, news and documentaries about Mandatory HOAs and acts of "Official Oppression" from all across the United States. Nauseating but necessary - some of these stories are so horrifying you have to see them to believe them, words are not enough.
The Texas House of Representatives recently held a hearing about a proposed law called "TUPCA" - the
Texas Uniform Planned Community Act. I opened my testimony by advertising this website you are reading, and by declaring the swarm of CAI lobbyists present to be "Domestic Enemies of the Constitutuion". After reading from a prepared speech for a minute or so, I shared my opinion about what kind of "FAMILY" we join when we buy a house in a "Mandatory" Homeowner's Association. I pointed out how this color of authority fosters a new meaning for the word "MAFIA" - and offered everyone in the room one of these bumper stickers to clarify my point. Click this picture to see a recent foreclosure story by this MAFIA, and join in the comments posted online about this story at WOAI:
That's right, I made it clear to every legislator in the room what my opinion is: every mandatory association that extorts their funding via the threat of foreclosing on homesteads is an organized crime FAMILY. They have deliberately undermined our constitution by using this threat. An alleged debt to a NON-PROFIT corporation for dues is not listed as one of the debts allowed the right to foreclose on a homestead in the Texas Constitution. They won't tell you about this lifetime membership in the MAFIA when you close on your homestead. No sir, they hide it in a 200-page thick fine-print "declaration" that can be found down at the courthouse if you go look for it. They didn't give me a copy of this alleged "contract", and it took several requests and some cash to get a copy after I learned about this alleged contract that they say I "agreed to". How can this be a valid contract if you don't even get a copy and time to read it? Deception is what this is called - deceptive trade practice by Pulte Homes. Back to my testimony, or should I say the diversion from my planned testimony where I failed to point out the most nauseating passage of the entire TUPCA proposal. This is what motivated me to travel to Austin and speak out against this proposal. Labeling the swarm of CAI lobbyists "Domestic Enemies of the Constitution" is not a light charge. Here is proof that they intend to deliberately nullify inviolatable constitutional protections - thus earning the drafters of this proposed legislation that label - The constitution says that "perpetuities are contrary to the genius of free government and shall never be allowed".
Never in the history of mandatory HOA legislation proposals have I seen such a direct and unmitigated assault on our constitution as I see here in this proposal. There will be more hearings, and this point is going to provide some serious firepower for citizens who read and write thier legislators about this assault on our constitutuion -
From TUPCA: Sec. 83.004. APPLICABILITY OF CERTAIN OTHER LAW. (a) The rule against perpetuities does not apply to a declaration, to the interests created in a declaration, or to other governing documents.
(a) A declaration is perpetual unless the declaration states that the declaration endures for a shorter period.
(b) If a declaration states a term of limited years and does not provide for renewal or extension of the declaration term, the term of the declaration may be extended or made perpetual, if:
(1) the board adopts a resolution recommending that the term be extended or made perpetual;
(2) the resolution to extend the term of the declaration or make the term of the
declaration perpetual is submitted to the lot owners, as members of the association; and
(3) the resolution to extend the term of the declaration or make the term of the
declaration perpetual is approved by vote or agreement of owners of lots to which at least a majority of the votes in the association are allocated.
Thru my testimony to the legislature, I hope that I've succeeded in shining a light on what is wrong here in Mandatory HOA land, and that 2009 will bring a radical change in the way these authorities are renewed, extended and created in Texas. The boots of Democracy will prevail - either by peaceful implementation of sensible consumer protections - such as mandating the process in property code 201 be followed to renew these authorities, or suburbanites will stomp out this tyranny in ways we've yet to invent. We're mad as hell, and we ain't gonna take it any more! Freedom of speech shall not be infringed - and should this be attempted I'll reach for that second amendment.
I pray that 2009 legislature brings democracy home to our land. But I promise that if you ask them, the CAI will tell you that we Americans cannot govern ourselves and we need them to write the rules and enforce them upon us.
They fear democracy, why?
BECAUSE THEY ARE DICTATORSHIPS!!!!!
Our legislators need to put 'em under the boots of Democracy - that's where all governments belong.
Deed Restrictions vs. "Covenants"
One critical distinction that needs to be understood is the difference between deed restrictions and COVENANTS. Deed restrictions are non-money demanding parameters that specify land use - setbacks, minimum square footage, building composition, fencing types allowed, etc.
COVENANTS, on the other hand, are just a fancy word for CONTRACT. This is where confusion sets in, and this is where consumers are getting conscripted into unconscionable terms. These contracts must be brought into the world of consumer protections from unconscionability - such as perpetual self-renewing money contracts that allow unconstitutional foreclosures on homesteads. Covenants are also the source of authority of "architectural review" whereby owners must obtain written permission from a self-appointed control freak in order to make any improvements to their home - it's a condition of the adhesion contract, there is no choice if you want to buy a house these days.
The Texas Homeowner Advocate Group has set up a website to facilitate an open discussion about "TUPCA" - Texas Uniform Planned Community Act. If this proposed legislation is passed, you can kiss your constitutuional way of life goodbye forever - because "Non-Governmental Organizations" do not have to restrain thier abuse of power like a government organization, and you won't get any response from the District Attorney's office when they pull any crap that smells like "official oppression". That's already a known behavior by the D.A. when a HOA spins out of control - it's a private contract matter and they won't get involved.
Comments above this line were last edited December 2, 2007. The rest of this page was written over the past seven years, and remains largely unchanged since October 2002. I repair the occasional dead links from time to time...PEACE
To Insure Domestic Tranquility, the U. S. Constitution
restricts government to certain forms, where sovereign power comes from the
people; Government designed in this manner prevents the seeds of tyranny from growing
in this country. "Private Governments" created by developers are not
required to abide by the constitutional requirements of traditional American
Free Government. The existence of these non-Democratically-founded local
government regimes compromise the constitution.
How do you ABOLISH Your HOA? Change the DEED RESTRICTIONS with a Petition like this one.
"By
the sovereign power ... is meant the making of laws; for wherever that power
resides, all others must conform to, and be directed by it, whatever appearance
the outward form and administration of the government may put on."
--- Sir William Blackstone
On
The Commons
is a weekly radio show dedicated to discussing the many issues
surrounding mandatory homeowner associations, the fastest growing form of
residential housing in the nation. On The Commons is broadcast every Saturday
from 2-3 PM ET on WEBR 94.5 cable FM Fairfax, Virginia. In the Northern
Virginia area, On The Commons can be heard on Cox Cable, Channel 37 and
nationally on the internet at
VOLUNTARY membership non-profit corporate associations are a blessing to the people of Texas and all who join them.
But MANDATORY membership non-profit corporate associations are something different - there is something very wrong with this Mandate, and it is un-American in spirit. The principles of DEMOCRACY is the cure for this unwashed Color of Authority. Should the HOAs learn how to create and circulate a petition? The law says this is how to do it...so why don't they follow the law?
It's time to hold Mandatory HOAs accountable to the people they govern. We know the cure for this disease - right here, right now, take your shot. Follow the process found in property code 201 and if the people choose not to sign, then don't dare ask twice or you won't like the second answer you get. These un-documented authorities must be dissolved and demoted into VOLUNTARY money donations - never use extortion threats of foreclosure against any homeowner again. EVER. You've blown your chances of keeping this power, unless you can get 51% to renew the charter.
Did you ever sign a petition to form your MANDATORY association? I'd like to know of anyone in Texas who lives in a mandatory association formed in accordance with the LAW that was written in 1984. In order to establish Mandatory Associations in Texas, there is supposed to be a petition circulated amongst all the owners. Look at the law and see for yourself - then please tell me the answer out loud!!Property Code 201 alludes to a process that follows some basic, Democratic principles. The petition process is supposed to be used to create, renew or modify the "contract" know as a mandatory Association Covenant, Condition and Restriction (CC&R). Who could deny that we all enjoy the right to form a contract in a proper manner?. I do believe that the automatic renewal clauses in all of these unwashed MAFIA organizations are a fraud and should be shut down until a properly ordained petition is established...with a 10 year expiration date that requires another petition at that time to renew the charter again. While I'd recommend a yearly renewal for any HOA I want to belong to, I'd like to see the state legislature put a cap on these corporate contracts at 10 years. Automatic renewals establish a thing called a perpetuity, also known as an "everlasting contract". These are patently unconstitutional. Perpetuities are expressly forbidden in our Constitution. Are we a constitutionaly Governed Society? Not when the MAFIA is allowed to maintain the Status Quo.
Was your mandatory association formed by the democratic process in the LAW created for that purpose? I can say that everyone who reads this probably answers NO to this question. The CAI lobby wrote this law. These authorities HAVE NEVER USED THIS PROCESS to establish the "contract" agreements found in all CC&Rs today!!! WHY NOT???? It's called "manufactured consent", thru adhesion contracts placed on all new housing. Consumers are cast into Feudal Wars as a consequence of these "agreements". Welcome to Mideval Estates...must we repeat history and return to the Fuedal ways of Moats with Poison Snakes, traps and snares to keep the vermin from invading our homes? I think so.
Above is a video showing my way of spreading the word every day in my neighborhood. Below is a blog about where you can find these bumper stickers. Bumper stickers $1. Freedom of Speech - Priceless!
Domestic Enemy of our Constitution
Most Americans wouldn't know a domestic enemy if it banned peace wreaths at Christmas (Robert Kearns, President of the now infamous HOA wreath incident) and dictated the color of one's shingles (of the new roof that the homeowner pays for out of his own pocket).
The stupidity of mankind has sucked 70 million Americans into these vats of Fascism. Ayn Rand's most despicable light on government shines brightly from these Mandatory Association "contracts" in this country. Detatched family homesteads should NEVER be subjected to such authorities after developer control ends, unless the authority is democratically renewed on a yearly basis in a secret ballot vote where 100% of the owners are counted, and at least 51% must agree to renew the authority vested in the CONTRACT.
Wise men wrote our Constitution. There are many Kearnses in our country - blindly obeying authority while ignoring the deliberate circumvention of our most sacred Constitutional rights.
This is not an isolated incident, nor is this color of authority worthy of being allowed to rule any detached-family-homestead-owners unless it passes muster in a democratic renewal process.
Mandatory Associations in America were not formed in a Democratic or voluntary manner. Wake up and smell the Corporate Fascism of the worst kind - trading our constitutional rights for the almighty dollar. These contracts demand that we pay into the coffers of enforcement authorities (the HOA lawyers and Management company/HOA officer indemnification insurance policies) all under the facade of "protecting property values". This land isn't worth a dime if it isn't in the land of the FREE and protected from tyranny that comes with the abuse of these unholy powers granted in HOUSING VENDOR CONSUMER CONTRACTS.
Enforcement of any rules via a HOA PRESIDENT or ARCHETECTURAL CONTROL COMITTEE is an act of Fascism when the regime is never required to pass muster by democratic renewal process. This should happen at least once - when the developer leaves the development and "turns the neighborhood over to the new owners".
Free Choice should come at that moment in time...do we really want this monkey on our backs? You are only one election away from having a zealot take control of your association. Election fraud in these "up close and personal democracies" is more rampant than any bananna republic.
70 Million of us live in Ayn Rand-styled government prisons. These Gulags were created by organized crime rackets, who profit from such stupidity. They operate under the guise of benevolent non-profit corporations - but we are beginning to clearly see the scam - these maggots are taking our constitution with them to the bank.
What more can I say than "PUT IT TO A VOTE" ?
51% or you must acquit!
These are not democratically founded authorities, so how have they managed to over-run the housing market? (FRAUD! "MANUFACTURED CONSENT" to unconscionable contract terms) It's to the point that you cannot find a house in a new neighborhood that doesn't have a mandatory HOA, enter monopoly.
It is time to put this to a VOTE, and only IF at least 51% of the owners living in them say "we like it, we love it, we want more of it" should they have any authority or right to exist as a mandatorily funded non-profit corporation. I will gladly live with the "Mandatory" terms of this extortion racket contract if 51% say yes. The contract should expire if the majority decide we do not want some Robert Kearns on our back for putting solar panels on our garage. These associations should be converted to VOLUNTARY memberships where they run on DONATIONS to fund any ammenities. You say your HOA has no ammenities? WHY HAVE A HOA THEN? DUMBASSES. The powers of extortion and all developer authority vested in these contracts should be extinguished when 50% say NO MORE.
They don't have any problem getting checks for dues payments, so they shouldnt have any problem getting notarized signatures on postcards each year when they send the HOA bill/package-of-hate to each and every one of us. SHOW ME THE VOTES and I'll SHUT THE HELL UP!! I feel like I am in prison now, and here's the appeal - 51% or you must acquit!!
"Unconscionable Contract terms" were slipped into the purchase agreements of almost every new house built in the United States by the big housing industry over the past 20 years. I beleive these are deceptive trade practices, and the terms of these contracts have changed what WAS a benevolent, voluntary, NON-PROFIT corporation concept into a cash-cow business based on litigation and oppression. Deliberatly circumventing our constitutional rights leaves us all vulnerable to oppression such as free speech infringement and forced sale of homesteads for petty "debts". Virtually every rule written into these "contracts" in intended to subvert a constitutional right retained for personal homestead property ownership. Painting ones' house trim is a "CIVIL CRIME" unless you obtain permission from the ARC. Every minutia of basic maintenance has become a source of litigation. How sad is this? Read Ayn Rand's ATLAS SHRUGGED - Dejavu.
Once upon a time, the Non-Profit corporation fostered a sense of community. Voluntary membership had a benevolent purpose and a sense of pride in one's community. It is the opinion of this writer that all HOAs should be funded thru voluntary donations. Once a developer leaves the community, the ARC should be dissolved, never again to be the authoritarian menace and a tool of oppression that the developer used during his reign as supreme ruler. Do not confuse this opinion with city code enforcement for general residential code enforcement, which is a very substantially complete property protection mechanism in San Antonio. http://www.sanantonio.gov/codecomp/EnforcementCodes.asp There is no need for the mandatory HOA authorities when the city satisfies all the requirements of safety and general aesthetic needs for our neighborhoods. This opinion does not apply to condominiums, townhomes or country club "all inclusive" housing. This site and the opinions contained herein are about housing built by the largest housing mills ever seen in the history of the world. This site is about the extortion racketeering and deceptive trade practices of KB Home, PULTE, CENTEX, and all other developers who work in collusion with the Community Associations Institute (CAI) to conscript millions of housing consumers into lifetime membership contracts that MANDATE protection payments to the MAFIA. This site is about the consumers of basic shelter who are forced beg permission from the Architectural Control Authorities to do routine maintenance on thier homestead properties - or risk the pains of getting nailed to the wall in that emotional gas chamber of "Civil Litigation" for breaking the rules of the Godfathers (the developers) and excersizing freedoms enjoyed by generations of homeowners in this country as a basic human right.
EXTORTION CHAPTER 1
This distress symbol takes you to a website called HOA News Network. Here you can see videos, news and documentaries about Mandatory HOAs and acts of "Official Oppression" from all across the United States. Nauseating but necessary - some of these stories are so horrifying you have to see them to believe them, words are not enough.
The Texas House of Representatives recently held a hearing about a proposed law called "TUPCA" - the Texas Uniform Planned Community Act. I opened my testimony by advertising this website you are reading, and by declaring the swarm of CAI lobbyists present to be "Domestic Enemies of the Constitutuion". After reading from a prepared speech for a minute or so, I shared my opinion about what kind of "FAMILY" we join when we buy a house in a "Mandatory" Homeowner's Association. I pointed out how this color of authority fosters a new meaning for the word "MAFIA" - and offered everyone in the room one of these bumper stickers to clarify my point. Click this picture to see a recent foreclosure story by this MAFIA, and join in the comments posted online about this story at WOAI:
That's right, I made it clear to every legislator in the room what my opinion is: every mandatory association that extorts their funding via the threat of foreclosing on homesteads is an organized crime FAMILY. They have deliberately undermined our constitution by using this threat. An alleged debt to a NON-PROFIT corporation for dues is not listed as one of the debts allowed the right to foreclose on a homestead in the Texas Constitution. They won't tell you about this lifetime membership in the MAFIA when you close on your homestead. No sir, they hide it in a 200-page thick fine-print "declaration" that can be found down at the courthouse if you go look for it. They didn't give me a copy of this alleged "contract", and it took several requests and some cash to get a copy after I learned about this alleged contract that they say I "agreed to". How can this be a valid contract if you don't even get a copy and time to read it? Deception is what this is called - deceptive trade practice by Pulte Homes. Back to my testimony, or should I say the diversion from my planned testimony where I failed to point out the most nauseating passage of the entire TUPCA proposal. This is what motivated me to travel to Austin and speak out against this proposal. Labeling the swarm of CAI lobbyists "Domestic Enemies of the Constitution" is not a light charge. Here is proof that they intend to deliberately nullify inviolatable constitutional protections - thus earning the drafters of this proposed legislation that label - The constitution says that "perpetuities are contrary to the genius of free government and shall never be allowed".
Never in the history of mandatory HOA legislation proposals have I seen such a direct and unmitigated assault on our constitution as I see here in this proposal. There will be more hearings, and this point is going to provide some serious firepower for citizens who read and write thier legislators about this assault on our constitutuion -
From TUPCA: Sec. 83.004. APPLICABILITY OF CERTAIN OTHER LAW. (a) The rule against perpetuities does not apply to a declaration, to the interests created in a declaration, or to other governing documents.
(a) A declaration is perpetual unless the declaration states that the declaration endures for a shorter period.
(b) If a declaration states a term of limited years and does not provide for renewal or extension of the declaration term, the term of the declaration may be extended or made perpetual, if:
(1) the board adopts a resolution recommending that the term be extended or made perpetual;
(2) the resolution to extend the term of the declaration or make the term of the declaration perpetual is submitted to the lot owners, as members of the association; and
(3) the resolution to extend the term of the declaration or make the term of the declaration perpetual is approved by vote or agreement of owners of lots to which at least a majority of the votes in the association are allocated.
Thru my testimony to the legislature, I hope that I've succeeded in shining a light on what is wrong here in Mandatory HOA land, and that 2009 will bring a radical change in the way these authorities are renewed, extended and created in Texas. The boots of Democracy will prevail - either by peaceful implementation of sensible consumer protections - such as mandating the process in property code 201 be followed to renew these authorities, or suburbanites will stomp out this tyranny in ways we've yet to invent. We're mad as hell, and we ain't gonna take it any more! Freedom of speech shall not be infringed - and should this be attempted I'll reach for that second amendment.
I pray that 2009 legislature brings democracy home to our land. But I promise that if you ask them, the CAI will tell you that we Americans cannot govern ourselves and we need them to write the rules and enforce them upon us.
They fear democracy, why?
BECAUSE THEY ARE DICTATORSHIPS!!!!!
Our legislators need to put 'em under the boots of Democracy - that's where all governments belong.
Deed Restrictions vs. "Covenants"
One critical distinction that needs to be understood is the difference between deed restrictions and COVENANTS. Deed restrictions are non-money demanding parameters that specify land use - setbacks, minimum square footage, building composition, fencing types allowed, etc.
COVENANTS, on the other hand, are just a fancy word for CONTRACT. This is where confusion sets in, and this is where consumers are getting conscripted into unconscionable terms. These contracts must be brought into the world of consumer protections from unconscionability - such as perpetual self-renewing money contracts that allow unconstitutional foreclosures on homesteads. Covenants are also the source of authority of "architectural review" whereby owners must obtain written permission from a self-appointed control freak in order to make any improvements to their home - it's a condition of the adhesion contract, there is no choice if you want to buy a house these days.
The Texas Homeowner Advocate Group has set up a website to facilitate an open discussion about "TUPCA" - Texas Uniform Planned Community Act. If this proposed legislation is passed, you can kiss your constitutuional way of life goodbye forever - because "Non-Governmental Organizations" do not have to restrain thier abuse of power like a government organization, and you won't get any response from the District Attorney's office when they pull any crap that smells like "official oppression". That's already a known behavior by the D.A. when a HOA spins out of control - it's a private contract matter and they won't get involved.
Comments above this line were last edited December 2, 2007. The rest of this page was written over the past seven years, and remains largely unchanged since October 2002. I repair the occasional dead links from time to time...PEACE
To Insure Domestic Tranquility, the U. S. Constitution restricts government to certain forms, where sovereign power comes from the people; Government designed in this manner prevents the seeds of tyranny from growing in this country. "Private Governments" created by developers are not required to abide by the constitutional requirements of traditional American Free Government. The existence of these non-Democratically-founded local government regimes compromise the constitution.
How do you ABOLISH Your HOA? Change the DEED RESTRICTIONS with a Petition like this one.
"By
the sovereign power ... is meant the making of laws; for wherever that power
resides, all others must conform to, and be directed by it, whatever appearance
the outward form and administration of the government may put on."
--- Sir William Blackstone
On The Commons
is a weekly radio show dedicated to discussing the many issues surrounding mandatory homeowner associations, the fastest growing form of residential housing in the nation. On The Commons is broadcast every Saturday from 2-3 PM ET on WEBR 94.5 cable FM Fairfax, Virginia. In the Northern Virginia area, On The Commons can be heard on Cox Cable, Channel 37 and nationally on the internet atLISTEN NOW to the latest weekly ON THE COMMONS program!! by downloading this mp3 file (Warning - it is about 10 megabytes so it may take a while to download it on a dialup!)
"I do not question, that in an age of instruction and equality like our
own, sovereigns might more easily succeed in collecting all political power
into their own hands, and might interfere more habitually and decidedly within
the circle of private interests, than any sovereign of an antiquity ever could
do."
...
"After having thus successively taken each member of the community in its
powerful grasp, and fashioned them at will, the supreme power then extends its
arm over the whole community. IT covers the surface of society with a network
of small complicated rules, minute and uniform, through which the most original
minds and the most energetic characters cannot penetrate, to rise above the
crowd. The will of man is not shattered, but softened, bent and guided: men are
seldom forced by it to act, but they are constantly restrained from acting:
such a power does not destroy, but it prevents existence; it does not
tyrannize, but it compresses, enervates, extinguishes, and stupefies a people,
till each (neighborhood) is reduced to be nothing better than a flock of timid
and industrious animals, of which the government is the shepherd.
I have always thought that servitude of the regular, quiet and gentle kind
which I have just described, might be combined more easily than is commonly
believed with some of the outward forms of freedom; and it might even establish
itself under the wing of the sovereignty of the people."...
"Chapter VI -- What sort of DESPOTISM
Democratic Nations Have to FEAR."
- Alexis De Tocqueville
"Democracy in America"
Forced Association as a consequence of purchasing
basic housing, violates
The UNIVERSAL
DECLARATION OF HUMAN RIGHTS
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
CC&R "contracts" that compel homeowners to belong to an
association are UNCONSCIONABLE adhesion contracts that violate this basic Human
Right.
"The Association Management industry has declared that we “Voluntarily agreed” to the terms and conditions found in these Mandatory Homeowners Association (contracts).
Since we allegedly agreed and moved into them voluntarily - knowing what we were getting into – and the vast majority of us “Love our Associations” (I heard CAI Lawyer William Gammon Say “95%” in Testimony at this hearing), then we will surely flock to the polls to save them from extinction!
" - my testimony presented to
the Texas Senate Committee on Homeowners Associations in
Austin, May 28, 2002.
Did you know that HOA's can
foreclose on your homestead?
Please see this website about Houston Area HOA Foreclosure-related Filings
http://pages.prodigy.net/hoadata/
Government
"The
political writers of antiquity will not allow more than three regular forms of
government; the first, when the sovereign power is lodged in an aggregate
assembly consisting of all the free members of a community, which is called a
democracy; the second, when it is lodged in a council, composed of select members,
and then it is stiled an aristocracy; the last when it is entrusted in the
hands of a single person, and then it takes the name of a monarchy. All other
species of government, they say, are either corruptions of, or reducible to,
these three."
--- Sir William Blackstone
In the vast majority of homeowner’s associations, the builder wrote the “laws”
or “covenants” in a Monarchial setting. Making "rules" by Monarchy means
that the source of power does not come from the people, it comes from the
builder. An Oligarchy that acts under the "color of authority"
enforcing these rules as law constitutes a form of government that violates the
constitution (it is not a "republican form of government").
Enforcing "LAWS" that have never been ratified by the governed or
their duly elected representatives is a DICTATORSHIP.
dictatorship - n : a
form of government in which the ruler is an absolute dictator (not
restricted by a constitution or laws or opposition etc.)
Not restricted by a Constitution? For EXAMPLE:
Developers are allowed to create BILLS
OF ATTAINDER - "empty liens" on our property to be used in the
future in the expectation that we will violate his "LAWS", and gives
the association he created leverage to foreclose on our houses as punishment
for violation of his laws, such as failure to pay assessments (these
"assessments" cannot be claimed as taxes!). Bills of attainder are
PROHIBITED by the U.S. Constitution, but DEVELOPERS create them, and promolgate
them as "The law of the Land" in a mini-government known as a
Mandatory Homeowners Association. The contracts that form these governing
regimes are written by the HOA industry Lawyers and Management firms, in
collusion with the Housing industry. The terms of these contracts make it
nearly impossible for the Property Owners to change the rules, and automatic
renewals of these contracts create virtual perpetuities,
which are also unconstitutional!
That just went over many people's head...so let me try to make it this little
less complicated...
CC&R's (covenants, conditions and restrictions made up by developers) are
interpreted as "The Law of the Land".
Developers dictate the rules prior to selling a single house, and we follow
them - or else.
There is never ratification of these "LAWS" and THAT, my friends, is
the root of all HOA evil. My recommended solution to this problem is to
legislate that ALL MANDATORY HOA's will RATIFY the rules by a vote of at least
51% of the HOMEOWNERS (51% of the total non-developer votes), within 5 years of
establishing any mandated HOA. IF the property owners will not ratify the
rules, then the un-ratified rules must become null and void. "LAW"
that is Dictated by developers and enforced by litigation terrorism shall
perish. Developers will be forced to rectify this issue, by creating regimes
that comply with the principles of
Democracy and Freedom. Developers must
get out of the Mandatory Association creation business – restore the business
of Government to Constitutionally legitimate creation of law that is “OF the
PEOPLE, BY the people, and FOR the people”.
Hitler would be PROUD of the national organizations that promulgate these
dictatorships in America. We must Return the Rulemaking Authority to the
Property Owners. Restore legitimacy to the rule of Law, or suffer the
consequences of an outraged and armed citizenry.
Governments
long established should not be altered for trivial reasons. Homeowners
associations are new. The laws permitting them must pass the tests of
constitutionality or perish. The laws related to the enforcement of Covenants that were DICTATED by Developers are found under the Property Codes of Texas, Title 11 chapters 201-209. There is a Federal involvement with the housing markets that the creation of these laws related to enforcement of Restrictive covenants in mandatory membership homeowner associations is undertaken by entities operating on an interstate basis. The State of Texas Legislators must restrict the influence that these Organized Industrial Corporations have on the legislation that affects "privatized government" that controls our lives by controlling our homes
Not restricted by a Constitution? For EXAMPLE:
Developers are allowed to create BILLS OF ATTAINDER - "empty liens" on our property to be used in the future in the expectation that we will violate his "LAWS", and gives the association he created leverage to foreclose on our houses as punishment for violation of his laws, such as failure to pay assessments (these "assessments" cannot be claimed as taxes!). Bills of attainder are PROHIBITED by the U.S. Constitution, but DEVELOPERS create them, and promolgate them as "The law of the Land" in a mini-government known as a Mandatory Homeowners Association. The contracts that form these governing regimes are written by the HOA industry Lawyers and Management firms, in collusion with the Housing industry. The terms of these contracts make it nearly impossible for the Property Owners to change the rules, and automatic renewals of these contracts create virtual perpetuities, which are also unconstitutional!
That just went over many people's head...so let me try to make it this little less complicated...
CC&R's (covenants, conditions and restrictions made up by developers) are interpreted as "The Law of the Land".
Developers dictate the rules prior to selling a single house, and we follow them - or else.
There is never ratification of these "LAWS" and THAT, my friends, is the root of all HOA evil. My recommended solution to this problem is to legislate that ALL MANDATORY HOA's will RATIFY the rules by a vote of at least 51% of the HOMEOWNERS (51% of the total non-developer votes), within 5 years of establishing any mandated HOA. IF the property owners will not ratify the rules, then the un-ratified rules must become null and void. "LAW" that is Dictated by developers and enforced by litigation terrorism shall perish. Developers will be forced to rectify this issue, by creating regimes that comply with the principles of Democracy and Freedom. Developers must get out of the Mandatory Association creation business – restore the business of Government to Constitutionally legitimate creation of law that is “OF the PEOPLE, BY the people, and FOR the people”.
Hitler would be PROUD of the national organizations that promulgate these dictatorships in America. We must Return the Rulemaking Authority to the Property Owners. Restore legitimacy to the rule of Law, or suffer the consequences of an outraged and armed citizenry.
Governments
long established should not be altered for trivial reasons. Homeowners
associations are new. The laws permitting them must pass the tests of
constitutionality or perish. The laws related to the enforcement of Covenants that were DICTATED by Developers are found under the Property Codes of Texas, Title 11 chapters 201-209. There is a Federal involvement with the housing markets that the creation of these laws related to enforcement of Restrictive covenants in mandatory membership homeowner associations is undertaken by entities operating on an interstate basis. The State of Texas Legislators must restrict the influence that these Organized Industrial Corporations have on the legislation that affects "privatized government" that controls our lives by controlling our homes
"I lit a fuse
And blew up them rules
And that was the very last meeting, you see!"
"It's
my Land" by Angela Woodhull is a new song about HOA's, and echos what many
of us Americans think about this form of GOVERNMENT. The words and music can be
found at this link:
http://www.ccfj.net/itsmyland.htm
Direct download the MP3 file at this link:
It's My land.MP3
This form of government
must perish in accordance with the Constitutions of the State of Texas and the
United States.
This
violates the Texas Constitution
(AND Article IV, section IV of the US Constitution):
The Texas
Constitution
Article 1 - BILL OF RIGHTS
Section 2 - INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT
All political power is inherent in the people, and all free governments are
founded on their authority, and instituted for their benefit. The faith of
the people of Texas stands pledged to the preservation of a republican form
of government, and, subject to this limitation only, they have at all times
the inalienable right to alter, reform or abolish their government in such
manner as they may think expedient.
Are
HOA's Governments?
This
distinction is often argued: "HOA's are not governments, they are
corporations". The Corporation’s business is to "enforce covenants
and restrictions of the governing documents under the color of authority".
"Common Sense", eloquently states this distinction:
"SOME
writers have so confounded society with government, as to leave little or no distinction
between them; whereas they are not only different, but have different origins.
Society is produced by our wants, and government by wickedness; the former
promotes our happiness positively by uniting our affections, the latter
negatively by restraining our vices. The one encourages intercourse, the other
creates distinctions. The first is a patron, the last a punisher."
HOA's
are definitely a form of government. Countless cases of punishment brought against
the people living under them are evidence of this truth. The fact that they are
totalitarian and monarchial by definition makes them unconstitutional in the
United States.
The Legislation that permits Un-affirmed homeowners
associations, the builders who create them, the Industry that supports them and
judiciary judgments that defend them are hereby classified as
Domestic enemies of the
Constitution.
WHY DO DEVELOPERS HAVE LEGISLATIVE POWERS?
This species of government demands that we get written permission to plant a
shrubbery or a flagpole to fly the American Flag. Ratify these rules, by 51% of
the owners after 5 years of developer control, or render them unenforceable,
NULL AND VOID. These are not HOMEOWNERS associations, they are DEVELOPERS
associations, his contract CC&R's establish eternal servitude to HIS laws.
Dictatorships shall not reign sovereign in AMERICA! ("Get a Big tall tree
and a short piece of rope!!" - Charlie Daniels Band)
To Live In Peace
Texas
Legislature scrambles to save face and pretends to care about Property
Rights,
But they passed a bill that permits Homeowners associations to foreclose
WITHOUT NOTICE (S.B. 507). This bill was introduced by the Registered Agent of
the largest HOA management company in Texas…Senator John Carona of “Procomm”
and Principal Management Group. This would be illegal in the State of
California…but these snakes in the Texas Legislature wouldn’t pass a law
preventing this kind of conflict of interest from happening…The time has come
to defend our constitution and un-seat these worms from our State house!!
THE TEXAS LEGISLATURE IS RESPONSIBLE
FOR PERMITTING THESE CRIMES THAT ARE WORSE THAN HORSE THIEVERY; THEY HAVE MADE
IT LEGAL FOR THIS TO HAPPEN.
MY GOVERNMENT has failed
to uphold the constitution.
The LEGISLATURE HAS IGNORED ITS
CONSTITUENTS.
"American
the beautiful is now the ugly American thanks to the lawyers preying like
hungry wolves on helpless homeowners who thought they were buying security and
ended up homeless because in gulag prisons guarded by law firms and a judicial
system that throws away the key when the price is right. Every citizen should
clip these stories of grand theft and send them to your state and federal
representatives with a warning, "If you don't honor your oath to uphold
our constitution we will impeach you."
>
What OFFENDS YOU?
Many
men died defending the world from Hitler’s form of government. Our legislature
has refused to alter the charter on HOA's, allowing the seeds of tyranny to
grow. We are not far from anarchy when the constitution fails to be the basis
for legislation and interpretation of LAW.
Homeowners Declaration of Independence
by
George K. Staropoli
Admission of
Despotism
by Stone Oak Property Owners Association. Lenin would be proud of this
regime. It has never had an open election by the people governed for a board of
Directors. The builders and lawyers control this board, appointing whomever
they want to rule over the people who bought shelter in this development. There
are no sidewalks, parks, common areas or other amenities supported by this
Property Owners Association. The only park in Stone Oak is floodplain recently
sold to the City of San Antonio for a new city park, in exchange for
"runoff rights" to the developer so that he can pave over more of the
Edwards Aquifer recharge zone for his benefit. This body of government has
never offered a ballot vote on any issues regarding how our money is spent, or
had any kind of referendums when raising assessments(taxation without
representation?). This is Totalitarian Government inflicting Despotism and
Tyranny on United States soil. This Association qualifies as a domestic enemy
of the constitutions that specify FREE "REPUBLICAN" GOVERNMENT.
Malicious Intent to cause Hardship by
Omission
by Estates at Arrowhead Homeowners Association.
I
could go into cases of selective enforcement and capricious behavior...but you probably
have a similar tale of Despotism to share. Click here to join in the forum and
toss in your two cents to alter or eradicate this "species of
oppression" known as homeowners associations.
For
Texas Residents:
Please contact your
Legislators and let them know about this Domestic Enemy. Support changes
and additions to the bills below that help insure that we can someday be safe
in our houses from this out of control industry. Our state and local government
will abide by the constitution of the United States, or perish. Our first line
of defense is to notify our legislature and EXPECT RESULTS. If there is no
progress made in this session, I will campaign for whoever runs against my
current legislators because they did not respond to their constituents.
CHAPTER 209. TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION ACT
(formerly Senate Bill 507)
is called "The Texas Residential Property Owners Protection Act", but
it is, in effect, the “Property Owners Association Protection Act”. This drafted by Senator John Carona, the
registered agent for the largest property owners association management company
in Texas (Procomm). This is a conflict
of interest if ever there was one. The
snakes are guarding the henhouse…our rights have been sold to the foreclosure
racketeers that are the HOA management industry; the profiteers have infested
our legislature. These snakes made it
legal for litigation ambush and non-judicial foreclosure to occur.
While reviewing S.B. No. 507, sec. 209.007 (d), I find a loophole that negates
209.006 (the requirement of a Homeowners Association to notify a homeowner of a
violation prior to suing them for it). The intent of 209.006 is to protect
homeowners from being ambushed with lawsuits when they innocently
"violate" a restrictive covenant. These rules (CC&R’s) are NOT to
be mistaken for LAWS, remember--the legislature did not enact these rules, the
builder did. Requiring notice to the property owner in a "perceived
violation" prior to any court action (including restraining orders) is the
intent of Sec. 209.006. By allowing section Sec. 209.007 (d), section 209.006
is voided and the occurrence of "litigation ambush" remains a threat
to homeowners.
Unconstitutional law is the source of power for
non-judicial foreclosures and other tyrannical actions of this Domestic Enemy
of the Constitution, and letting the Owner/Registered Agent of the largest HOA
Industry firm in Texas write the laws sounds like a separation of powers
violation to me!!!
My Homeowners Associations caused my house to look like this for over 100 days
while they refused to approve legal and correct architectural plans to complete
this project. They finally approved this only after I wrote a letter to all the
homeowners and a mob showed up at the “yearly meeting” and coerced them into
compromising their Hitler-like stance on home improvement:
Can you see any improvement on the sides of
the house in these pictures?
My house looks like the bottom picture on April 22, 2001. The resolution of
this picture does not show uneven stucco walls, the patched holes and the
stains that show thru the paint less than a year after my HOA ambushed me in a
legal tirade and forced me to abandon hope of a maintenance free exterior. Upon
closer inspection you can see the disgraceful workmanship of Pulte, Master
Bilker.
Stone Oak Property Association Management took time to come to my house and
take 27 eight-by-ten color glossy photographs with circles and arrows, wrote a
paragraph on the back of each one explaining what each one was...to be used as
evidence against me.
But he could not find time to pick up the phone and tell me of a perceived
violation or even knock on my door to ask if this work had been approved by a
HOA (which it had been, but not the right one!!). Litigation ambush was their
method to "notify of a perceived violation". This action is in
violation of the "Master Plan" which defines a process where the
property owner is notified and if he fails to remedy the problem, THEN he may
be sued. They were in the process of having me arrested when I contacted them
to discuss this for the first time. The horror.
The
original intent of these associations was primarily to provide services such as
streetlights and trash collection, and protect property values. These
subdivisions have since been annexed by the city, and the city provides these
services (in return for higher taxes on the homes). I am forced to continue
paying dues to TWO of these associations in addition to the city taxes. I
really get nothing in return. There are no parks, clubhouses or swimming pools
supported or provided with these dues. There isn’t so much as a park bench in
my subdivision.
When the City of San Antonio annexed the Stone Oak development, the city
government did not do anything about this dilemma. It probably never crossed
anyone's mind at the time. Near
the bottom of these minutes, note that there were concerns about our civil
rights being violated during a city Council Meeting on the annexation, note
comments about this action being "premature". (see the comments
at the end of that document).
Well, now we need to nurse this "premature" land-grab back to health
and abolish at least one of the previously "established" layers of
government, in favor of the City Government.
I ask
you for your help to abolish this unnecessary LAYER of government.
City
Zoning laws might be applicable, but where do they come in?? These zoning laws
are designed to protect our property values:
http://www.sanantonio.gov/codecomp/EnforcementCodes.asp
We can and should abolish BOTH of these HOA's. The covenants and restrictions
would be adopted into the city's zoning regulations, but these pettifogging
rules would be found un-constitutional in a real legislative session. The city
can enforce LAWS and protect our property values rather than allow unqualified
volunteers to enforce restrictions placed on our homes by builders. If the city
does not want this responsibility, then they need to UN-INCORPORATE us NOW (and
refund my tax money for the last 3 years!!). The city is a responsible part our
government, and needs to step up to the plate.
This is a great flyer to print and pass out door to door in your HOA
neighborhood!
Purchasing
property that includes a MANDATORY Homeowners association forces participation
in and submission to a government-like regime whose sovereign power violates
the constitutions of Texas and the United States. This constitutes a Fraudulent
"Contract of Adhesion" due to the infringement of people's right to a
Republican Form of Government.
Support the
"Property Rights Foundation of Texas". Check out this site for more
information on Home Owners Associations.
Learn
about and share your experiences on property rights!!
HOMEOWNER ASSOCIATIONS: A Nightmare or a Dream Come True? In this book Joni Greenwalt extends her
tips to help start a movement to produce pleasurable neighborhoods with an
enduring sense of community.
HOMEOWNERS
ASSOCIATIONS ARE NOT FOR EVERYONE Visit the "Consumers For Housing
Choice". In many regions of the United States, consumers are finding it
increasingly difficult to locate housing located outside of common interest
developments governed by mandatory membership homeowners associations.
There are those that believe that
homeowner associations boards, managers and developers should be heavily
regulated by government. Regenesis believes that the solution lies in education
and self regulation. This information is posted because there are lessons to be
learned from other viewpoints.
Follow this link to see cases that may be of
use to homeowners seeking to defend themselves from unfair practices used in
connection with the collection of HOA dues. This is a preliminary summary of
cases provided to me by a third party. I have not attempted to conduct
independent research to determine what other cases have been decided on this
subject, nor have I yet checked to see whether any of these cases has been
reversed, questioned, or modified. Please consider this a beginning point of
research.
The Colony
is a 1995 drama about a wealthy and controlling housing developer who resorts
to murder to protect his perfect community.
This type of thing REALLY happens in America. When will YOU do something to
make it stop? Write your congressmen today.
http://home.att.net/~pulte/
The Pulte Home experience...You cant afford IT!!
Feel free to drop me a line.
Any questions or comments are encouraged!!
Last updated October 26, 2002
© Copyright Craig Richards (copyrights stolen will self-destruct in 100 years)
Permission to Publish or Transmit Freely Granted
Many
thanks to The Jolly Roger
"Oak planks of reason, riveted with rhyme, designed to voyage across
all of time."
I believe that our forefathers are watching
us...from a distance.
Do
your duty as an American:
BE
FREE!
Version
1.0 Created October 28, 2000 , my son's Third birthday. His summer as a two-year-old
was interrupted repeatedly by Homeowners Association treachery. What they have
done is worse than robbery, our priceless summer was taken by HOA. A simple
home improvement project went very wrong because of the negligence and simply
the very existence of multiple HOA Dictatorships, allowed by the State of Texas
with No Oversight. To secure the blessings of Liberty upon my Posterior and
Insure Domestic Tranquility in our Houses and Homes and Neighborhoods for our
children, this "New Gestapo" must be altered or abolished so that my
children never need to do battle with this Species of Oppression.
This link takes you to My
"civilized page", formerly known as my Dumpster.
Homeowners Declaration of Independence
by Stone Oak Property Owners Association. Lenin would be proud of this regime. It has never had an open election by the people governed for a board of Directors. The builders and lawyers control this board, appointing whomever they want to rule over the people who bought shelter in this development. There are no sidewalks, parks, common areas or other amenities supported by this Property Owners Association. The only park in Stone Oak is floodplain recently sold to the City of San Antonio for a new city park, in exchange for "runoff rights" to the developer so that he can pave over more of the Edwards Aquifer recharge zone for his benefit. This body of government has never offered a ballot vote on any issues regarding how our money is spent, or had any kind of referendums when raising assessments(taxation without representation?). This is Totalitarian Government inflicting Despotism and Tyranny on United States soil. This Association qualifies as a domestic enemy of the constitutions that specify FREE "REPUBLICAN" GOVERNMENT.
by Estates at Arrowhead Homeowners Association.
While reviewing S.B. No. 507, sec. 209.007 (d), I find a loophole that negates 209.006 (the requirement of a Homeowners Association to notify a homeowner of a violation prior to suing them for it). The intent of 209.006 is to protect homeowners from being ambushed with lawsuits when they innocently "violate" a restrictive covenant. These rules (CC&R’s) are NOT to be mistaken for LAWS, remember--the legislature did not enact these rules, the builder did. Requiring notice to the property owner in a "perceived violation" prior to any court action (including restraining orders) is the intent of Sec. 209.006. By allowing section Sec. 209.007 (d), section 209.006 is voided and the occurrence of "litigation ambush" remains a threat to homeowners.
My Homeowners Associations caused my house to look like this for over 100 days while they refused to approve legal and correct architectural plans to complete this project. They finally approved this only after I wrote a letter to all the homeowners and a mob showed up at the “yearly meeting” and coerced them into compromising their Hitler-like stance on home improvement:
Can you see any improvement on the sides of the house in these pictures?
My house looks like the bottom picture on April 22, 2001. The resolution of this picture does not show uneven stucco walls, the patched holes and the stains that show thru the paint less than a year after my HOA ambushed me in a legal tirade and forced me to abandon hope of a maintenance free exterior. Upon closer inspection you can see the disgraceful workmanship of Pulte, Master Bilker.
Stone Oak Property Association Management took time to come to my house and take 27 eight-by-ten color glossy photographs with circles and arrows, wrote a paragraph on the back of each one explaining what each one was...to be used as evidence against me.
But he could not find time to pick up the phone and tell me of a perceived violation or even knock on my door to ask if this work had been approved by a HOA (which it had been, but not the right one!!). Litigation ambush was their method to "notify of a perceived violation". This action is in violation of the "Master Plan" which defines a process where the property owner is notified and if he fails to remedy the problem, THEN he may be sued. They were in the process of having me arrested when I contacted them to discuss this for the first time. The horror.
When the City of San Antonio annexed the Stone Oak development, the city government did not do anything about this dilemma. It probably never crossed anyone's mind at the time. Near the bottom of these minutes, note that there were concerns about our civil rights being violated during a city Council Meeting on the annexation, note comments about this action being "premature". (see the comments at the end of that document).
Well, now we need to nurse this "premature" land-grab back to health and abolish at least one of the previously "established" layers of government, in favor of the City Government.
http://www.sanantonio.gov/codecomp/EnforcementCodes.asp
We can and should abolish BOTH of these HOA's. The covenants and restrictions would be adopted into the city's zoning regulations, but these pettifogging rules would be found un-constitutional in a real legislative session. The city can enforce LAWS and protect our property values rather than allow unqualified volunteers to enforce restrictions placed on our homes by builders. If the city does not want this responsibility, then they need to UN-INCORPORATE us NOW (and refund my tax money for the last 3 years!!). The city is a responsible part our government, and needs to step up to the plate.
This is a great flyer to print and pass out door to door in your HOA neighborhood!
Follow this link to see cases that may be of
use to homeowners seeking to defend themselves from unfair practices used in
connection with the collection of HOA dues. This is a preliminary summary of
cases provided to me by a third party. I have not attempted to conduct
independent research to determine what other cases have been decided on this
subject, nor have I yet checked to see whether any of these cases has been
reversed, questioned, or modified. Please consider this a beginning point of
research.
The Colony
is a 1995 drama about a wealthy and controlling housing developer who resorts
to murder to protect his perfect community.
This type of thing REALLY happens in America. When will YOU do something to
make it stop? Write your congressmen today.
http://home.att.net/~pulte/
The Pulte Home experience...You cant afford IT!!
Feel free to drop me a line.
Any questions or comments are encouraged!!
Last updated October 26, 2002
© Copyright Craig Richards (copyrights stolen will self-destruct in 100 years)
Permission to Publish or Transmit Freely Granted
Last updated October 26, 2002
© Copyright Craig Richards (copyrights stolen will self-destruct in 100 years)
Permission to Publish or Transmit Freely Granted