What follows was sent to me by Fred Fischer, and I present it without any editing. At the end, I have added some passages from the First Virginia Charter that seemed pertinent to his argument. You can go read the whole Charter by following the link at the end of the post. It is an interesting perspective, and entirely Fred's opinion, except for the first paragraph, that he cut and pasted from a page called From Revolution to Reconstruction. So, Fred's thoughts begin with "Sound familiar," and end with "Gilbert, AZ"
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The First Charter of Virginia: April 10, 1606
...From the outset the Virginia Company was granted the authority to govern its own colony. A ruling council in England, composed of members of the joint-stock company (today's corporation) who were usually merchants of great distinction, was formed immediately after King James I granted the charter of 1606. The councilors (Board members) were appointed ostensibly by the king, but in reality were nominated by the membership, or more often, by the inner executive group of the company. The council in England issued instructions to the first settlers appointing a colonial council to make daily decisions. This group proved ineffective, and a governor, Lord Delaware, was eventually appointed. Acting under the council in England, the governor had absolute power. The authority to establish or alter a government in Virginia was based upon the charter granted by the king; in this sense, the king (today's municipalities) delegated some of his power to others (today's HOAs). From First Landing, CBN /Regent University.
Sound familiar, in the early 1960's municipalities started mandating HOAs to privatize many services to eliminate maintenance and infrastructure costs and to generate new revenue (State of CA). Then to accomplish this municipalities mandated the creation of and delegated governmental powers onto a corporate entity like the 1606 Charter of Virginia Company (a corporate colony) effectively eliminating members Constitutional inalienable private property rights in the process. Consequently HOAs have evolved since into a fourth level of private government essentially acting as governmental corporations created exclusively by developers in collaboration with HOA industry attorneys and service providers. Except HOAs "have no public concern towards the welfare of its members" since they are created without the participation or support of their ultimate shareholders or the community even though members will be bound in perpetuity to its authority.
Let their be no misunderstandings, when people loose their private property rights they automatically loose all other civil liberties as Americas founders well understood. Consequently HOAs have little to do with protecting property values or making better neighborhoods but instead are primarily about control over private property for profit. By those who economically benefit, exclusively create and support the HOAs in part or in whole and depend on them for their livelihood. Unfortunately when people buy into an HOA what is not disclosed by realtors, the local municipality or in the HOA declaration. Is the indisputable fact that buyers are only buying the right to live there. Because buyers have unknowingly forfeited through the HOA contract their Constitutional private property rights and other rights and protections. Effectively making HOA members once again second class citizens as the colonists once were and subject to the same injustices and tyranny.
Government by contract eliminates citizens Constitutional private property rights and is a Pandora's Box that is a breading ground for endless conflict as Americas founders clearly understood & tried to end !
Thanks, Fred Fischer
Gilbert, AZ.
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From the First Virginia Charter:
And wee doe alsoe ordaine, establishe and agree for [us], our heires and successors, that eache of the saide Colonies shall have a Counsell which shall governe and order all matters and causes which shall arise, growe, or happen to or within the same severall Colonies, according to such lawes, ordinannces and instructions as shalbe in that behalfe, given and signed with our hande or signe manuell and passe under the Privie Seale of our realme of Englande; eache of which Counsells shall consist of thirteene parsons and to be ordained, made and removed from time to time according as shalbe directed and comprised in the same instructions… And that alsoe ther shalbe a Counsell established here in Englande which shall in like manner consist of thirteen parsons to be, for that purpose, appointed by us, our heires and successors, which shalbe called our Counsell of Virginia; and shall from time to time have the superior managing and direction onelie of and for all matters that shall or may concerne the govermente, as well of the said severall Colonies as of and for anie other parte or place within the aforesaide precinctes of fower and thirtie and five and fortie degrees abovementioned;
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