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.
Why
there is Trouble with HOAs
The HOA is a
private, nonprofit corporation and not a community or municipal government.
It
is governed according to and subject to corporation law and not municipality or
city/town laws.
Broad
powers are given to the corporation board of directors with respect to the
enforcement of the CC&Rs and other architectural compliance rules and
regulations.
While
members may vote for board members as if they were electing councilmen or
legislators, the HOA is not a real democratic institution.
The HOA lacks a separation of powers doctrine as found in every level of American government.
The HOA is allowed
to bypass these fundamental governmental protections, including due process
against arbitrary actions and the equal protection of the law for homeowners who
have grievances against their board of directors.
Because
the courts have found that the HOA is empowered as a result of an adhesion
contract between the HOA and homeowner, it cannot interfere with any private
contract.
Consequently,
for the above reasons, homeowners with a legitimate grievance or question
against the HOA find that they are considered second class citizens.
Furthermore, they are resentful of the court ruling that they entered into a private contract whereby they surrendered their civil rights without any information that this was indeed what they had agreed to. They feel that they were mislead and not fully informed as to these important and legal aspects regarding the purchase of their homes.
George Staropoli