HOA Bill of Rights

Over the past thirty years there has been an attack on Americans that has gone mainly unnoticed. But this time it is not an attack from a foreign nation or entity. The attack comes from within. The attacks are from homeowner associations on their members. In the nineteen eighties homeowner associations are created to “maintain property values” or “maintain a level of aesthetics”. However, as the present is profoundly shaped by the past, we need to look at it to help us better see the present. In the midst of a historical situation, the participants may not always see their present with the clarity. Self-denial, self-delusion, the tyranny of the present, all may shield a participant from the full reality of what they are doing. What will Americans think years from now about the explosive growth of homeowner associations in the latter part of 20th Century? History may provide us some clues.

United States

United States

English: A notice that is posted in all California...

Thomas Jefferson, 3rd President of the United States. Nobody spoke with the same passion about human rights as he did. He wrote about the universal rights of man, that we are all endowed with the inalienable rights of life, liberty and the pursuit of happiness. But he possessed over 100 slaves when he wrote those words. He wrote about the inherent right to private property - that nobody has a right to take another's property, yet he simultaneously advocated and engineered that the lands of the Native Americans west of the Appalachians be taken from them.

Homeowner associations represent one of the newer manifestations of this quest. The essence of them is control in order to take money - and in certain circumstances - the property itself. They do this by taking away many of the traditional rights of homeowners - and property is defined legally as a bundle of rights. Once upon a time, a homeowner could plant his own flowers in his garden. Now he cannot. Once upon a time, a homeowner could leave his garage door open for as long as he wanted. Now, the aesthetics police will give him a ticket. From a narrow perspective, these examples may seem small. But if one looks at the overall picture it become very evident. They come as the result of forces whose common denominator is money - or at some point, your property. Developers realized that you could make more money by mass producing housing on empty land in suburbs. Cities and counties realized that they could raise taxes from these by not raising taxes - but by calling them fees. Developers were required to put in the roads and lighting and schools, and the homeowners had to pay the fees for these - aka assessments. Of course, they still had to pay the same taxes as those homeowners who did not live in homeowner associations. Developers now realized that they had to set up each homeowner association as a mini-government, and lo and behold - the lawyers appeared on the scene to lend a helping - and often - grasping hand. They now saw a steady stream of income. Lawyers helped create a complexity of laws to make them money. Property management companies then jumped in and managed these large associations, for a fee of course. The homeowner now finds themselves in the middle of this. Most people are unable to buy elsewhere because most cities and counties have now mandated that most new housing be in homeowner associations, he feels very unfree in the land of the free.

I would like to see a Homeowner’s Bill of Rights. Most States laws are created in favor of the homeowner associations. To balance the scale a Homeowner Bill of Rights would secure the homeowner from foreclosure from homeowner associations. Also a way to resolve disputes between the association and homeowners without litigation (The lawyers will never go for that!). An oversight committee to regulate the associations actions. Laws that regulate board members tenure. Reasonable guidelines pertaining to association rules and regulations.

Below is an example of such bill of rights.

Bill of Rights for Homeowners (Kochera, 2006)I.The Right to Security against ForeclosureAn association shall not foreclose against a homeowner except for significant unpaid assessments, and any such foreclosure shall require judicial review to ensure fairness.

II.The Right to Resolve Disputes without LitigationHomeowners and associations will have available alternative dispute resolution (ADR), although both parties preserve the right to litigate.

III.The Right to Fairness in LitigationWhere there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay attorney fees to a reasonable level.

IV.The Right to Be Told of All Rules and ChargesHomeowners shall be told—before buying—of the association’s broad powers, and the association may not exercise any power not clearly disclosed to the homeowner if the power unreasonably interferes with homeownership.

V.The Right to Stability in Rules and ChargesHomeowners shall have rights to vote to create, amend, or terminate deed restrictions and other important documents. Where an association’s directors have power to change operating rules, the homeowners shall have notice and an opportunity, by majority vote, to override new rules and charges.

VI.The Right to Individual AutonomyHomeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of common areas.

VII.The Right to Oversight of Associations and DirectorsHomeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to obtain oversight of elections and other votes, and to recall directors.

VIII.The Right to Vote and Run for OfficeHomeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.

IX.The Right to Reasonable Associations and DirectorsAssociations, their directors and other agents, shall act reasonably in exercising their power over homeowners.

X.The Right to an Ombudsperson for HomeownersHomeowners shall have fair interpretation of their rights through the state Office of Ombudsperson for Homeowners. The ombudsperson will enable state oversight where needed, and increases available information for all concerned.

A Homeowner’s Bill of Rights will protect the property of law abiding citizen from dictator like homeowner associations who can take money and property from homeowners for any reason. Some disturbing reasons may be that they just do not like you, or you are not their type of homeowner.

Citations:Kochera, Andrew (2006, July). In Brief: A Bill of Rights for Homeowners inAssociations: Basic Principles of Consumer Protection and Sample Model Statute. Retrieved FEB 27, 2008, from In Brief: A Bill of Rights for Homeowners in Associations: Basic Principles of Consumer Protection Web site: http://www.aarp.org/research/legal/legalrights/inb128_homeowner.html

Half million dollar house in Salinas, California u...

Homeowners Association Nightmare

At board meeting, Kenswick Homeowners Association ...