Community Association Facts

These are the facts your realtor won't tell you about the quality of life and property in Community Associations, Homeowner Associations (HOAs), Property Owners Associations(POAs), and all community interest developments.

Saturday, October 29, 2005

You Must Read These Articles Before You Buy into or Form a Community Association!!!!

Why You Should Just Say “No” to HOAs
" . . .The fact is that HOAs are not there to control your neighbor’s behavior but yours. They do NOT protect and enhance your property values. That is just a myth. In some cases they depreciate your values because the commons are unkempt and the financials are a disaster, not to mention having to cover the costs of outlandishly expensive litigation that neighbors have no business entering into. The amenities they tout as allowing you to live the life of Riley are in fact a burden on private property, YOURS.
Full Article Source: Concerned Homeowners at http://members.cox.net/concernedhomeowners/msg4mnca.htm

Buying a Home in the USA: The Big Secret
“ . . . You don’t know that HOAs are a form of government. If the agent were to mention that to you, you might ask about what kind of governments they are.”
Full Article Source: Concerned Homeowners at
http://members.cox.net/concernedhomeowners/BeneathTheSurface.htm

Why are homeowners unhappy with their home owner association governance?
“Over the past year more and more Americans who are residents of homeowner and condo associations have become upset with their associations. Homeowners are fined for apparently arbitrary and capricious reasons; the boards of directors don't return phone calls from irate homeowners. The American flag cannot be flown unless approved by the HOA. New homebuyers are not being told that the state will not intercede in complaints nor accept complaints resulting in a lack of constitutional due process and equal protection under the law.”. . .
Full Article Source: Source: Citizens for Constitutional Local Government at http://pvtgov.org/pvtgov/

Are You Willing to Give Up Your Civil Rights to Live in an HOA?

Individual Rights & HOA contractual government
“What individual rights, as are recognized by the law and our government, exist in the HOA contractual government? None. Read your CC&Rs, which do not specify any rights except the right to the use of amenities under restrictive conditions. And, if you are behind in your monetary obligations to the HOA, like a common criminal in our society, the homeowner is disenfranchised and that right is lost. The HOA contractual government is a blot, a hugh stain, on the American system of government. . .”
Full Article Source: Citizens for Constitutional Local Government at http://pvtgov.org/pvtgov/

Comparison of Governments
“The HOA is, in effect, a private government placed above the laws of the land since its “citizen” members are denied their civil liberties and protection under the laws of their city, their state and the US government.” . . .
Full Article Source: Citizens for Constitutional Local Government at http://pvtgov.org/pvtgov/

HOA Secession from Local Government: The future of Planned Communities?
"In the future, more complete forms of private secession may become possible. For example, if neighborhood associations become more numerous, the political pressures for substantial rebates from property taxes - for relief from the current system of 'double taxation' - are bound to grow." . . .
Full Article Source: Citizens for Constitutional Local Government at http://pvtgov.org/pvtgov/

Planned Communities and a New Social Order in America
"Over the past forty years there has been an ever-increasing dispersion of a new social order in America. Its roots are founded in the spread of planned communities and its model of community governance that is an undemocratic, police state insistence on conformity to rules set through the façade of democratic institutions, much like those we are familiar with in regard to those "Peoples Republics" throughout the world. Each day, more and more children are living under and learning about this form a private government that does not respect the beliefs, rights and freedoms underlying the US Constitution or US Bill of Rights. . .”
Full Article Source: Citizens for Constitutional Local Government at http://pvtgov.org/pvtgov/

A BILL OF RIGHTS FOR HOMEOWNERS
IN RESIDENTIAL COMMUNITY ASSOCIATIONS
“In community associations, it falls ultimately to homeowners themselves to define and affirm the rights, protect them, and see that they are enforced. Other groups with interests that may diverge from those of unit owners, such as managing agents and professionals in the housing industry, are actively pursuing their particular interests in the operation of RCAs through their professional associations, through lobbying legislators, and through the courts.” . . .
Full Article Source: Concerned Homeowners at http://members.cox.net/concernedhomeowners/PrattBoR.htm

Sample Full Disclosure Document for HOA Home Buyers
“CICP’s model marketing disclosures – information housing consumers should (but likely don’t) receive from builders or real estate agents or read in their ads and/or sales literature.” . . .
Full Article Source: Citizens for Constitutional Local Government at http://pvtgov.org/pvtgov/
Note: Click on the Disclosure Button at the bottom of the Home Page.

Community Associations and Binding Mandatory Arbitration

Learn more about how you will give up your civil rights in Communtiy Associations . . .

Mandatory Arbitration Clauses:
Undermining the Rights of Consumers, Employees, and Small Businesses
“Today most Americans are bound by at least one mandatory, pre-dispute arbitration clause. Buried in the fine print of a billing insert, employee handbook, health insurance plan, or dealership or franchise agreement, these clauses waive one’s right to access the courts, diverting cases to a costly private legal system that favors defendants. Arbitration clauses are achieving their intended purpose—undermining consumer protection, civil rights, and other laws that level the playing field between big businesses and individuals. The individual is left with no choice but to waive these rights, because arbitration clauses are presented on a take-it-or-leave-it basis. . .”
Home Mortgages:
Do not deal with home lenders who require BMA clauses!
One tip: Freddie Mac and Fannie Mae do not allow BMA clauses. Many credit unions also do not permit them.”
Full Article Source: Public Citizen at http://www.citizen.org/congress/civjus/arbitration/articles.cfm?ID=7332

CA Facts Tip: You may not be able to negotiate the BMA’s out of contracts when buying into HOA/POA and other community associations.

The Big Problem (More about BMAs)
“Binding Mandatory Arbitration Clauses (called BMA clauses) aren’t designed to help you or save you money—they are designed to hurt you.”
Full Article Source: GiveMeBackMyRights at http://www.givemebackmyrights.com/bma-problem.htm

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