FAQs - Codes, Covenants and Regulations
Fred Fischer sent this link to the city of Gilbert, AZ, web page with helpful hints about how your HOA can do whatever they want to you. Just kidding. But here's an example of the do-what-you're-told mentality. The FAQ reads like it was written by the 8th grade hall monitor:
4. The neighborhood codes do not allow basketball hoops, which seems silly do I really have to comply?
That again is a civil matter, as the Town does not regulate recreation equipment like basketball hoops or swing sets. If your Homeowners regulations prohibit them it would be like any other regulations, you agreed to them so you have to follow the rules.
8 comments:
1. What if the town does in fact impose such "restrictions" as a condition of plat approval?
2. "Agreed" is as incorrect as "consent". There is no consent only manufactured, fictitious consent.
3. These classes are nothing more than brainwashing seminars taught by the HOA vendors seeking business. Note the topics: "Selecting an HOA management company", "Choosing insurance to protect the HOA and board members" (what about the homeowners?), "Reserves", etc. Note the "sponsors" are primarily law firms and management companies.
4. These "rules" may not in fact have been in place at the time you purchased your home. In addition, the mere writing of a "rule" hardly suggests that it must be followed simply because it is written. So this line of "reason" self-evidences the fallacies it relies upon. Existence does not imply consent, validity, or enforceability.
5. If the city only permits HOA-burdened properties to be created to handle an expanding population, how is HOA housing "chosen" by any homeowner? Is that like saying you "chose" to inhale contaminated air because you continued breathing when you were surrounded by toxic fumes? Do people "choose" to die by smoke inhalation? Do people "choose" to drown by inhaling water? "Choice" is wholly illusory.
The Town of Gilbert AZ is an enigma because before they started mandating HOAs like most municipalities do, they had a better way of managing CIDs that did not reduce members to "serfs" and tenants.
See: http://www.gilbertaz.gov/pkid/default.cfm
The “special district” called PKID’s is the same type as a light pole district that is commonly found across America. The monthly cost to the property owners is about half of what an HOA assessment is and best of all their is no HOA entity, insurance or industry professional’s fees with none of associations endless problems and risks. Property owners retain all their constitutional rights, Homestead protections and other local, State and Federal legal rights and protections. With none of the substantial issues and risks that come with privatized governance through exclusive adhesion contracts that are created to first and foremost benefit others.
Local municipalities and State legislators “need to be honest” and stop supporting and mandating the failed concept of corporate contract governance that was judged to be “fundamentally unworkable” and abandoned long ago in America’s early history. Because “governance by contract” can only benefit those who exclusively create the Charter since consumers are not present at the negotiation table and return to constitutional governance by “We the People.”
"the failed concept of corporate contract governance that was judged to be “fundamentally unworkable” and abandoned long ago in America’s early history."
Fred,
Could you post some more information, or links to more information, about the history of corporate contract governance in American history?
I thought it was a late 20th century institution (in both senses of the word "institution"!), and had no idea that history should have taught us better.
But, as the saying goes, those who fail to learn history are condemned to repeat it next semester.
See Privatopia's blog of Sunday, August 10, 2008 for the The First Charter of Virginia.
This is an excellent metaphor:
"If the city only permits HOA-burdened properties to be created to handle an expanding population, how is HOA housing "chosen" by any homeowner? Is that like saying you "chose" to inhale contaminated air because you continued breathing when you were surrounded by toxic fumes?"
Thank you.
-IC deLight
I know you will believe this one!!1
Must be the 11th and 12th Commandments:
Thou shall promise "not to complain to anyone."
Thou shall never "suggest she prevailed in her dispute with her homeowners association."
Wilmington, NC, Star News
http://www.starnewsonline.com/article/20100210/ARTICLES/100219969/1177?Title=Woman-s-battle-with-HOA-extends-to-her-fence
Article by Dave Reynolds
Woman's battle with HOA extends to her fence
"Last month Eva Farkas’ attorney received a letter from an attorney representing Hidden Pointe – the homeowners association with which Farkas has feuded for more than a year was ready to settle.
But first, the letter said, Farkas needed to do the following: fix her fence, get rid of her shed, let the HOA’s board of directors inspect her sun room, pay $1,000, and promise not to complain to anyone or suggest she prevailed in her dispute with her homeowners association...."
Rest of article:
http://www.starnewsonline.com/article/20100210/ARTICLES/100219969/1177?Title=Woman-s-battle-with-HOA-extends-to-her-fence
"Because “governance by contract” can only benefit those who exclusively create the Charter since consumers are not present at the negotiation table and return to constitutional governance by “We the People.”
It's a little known part of the GOP's "Contract on America" that Newter rolled out in 1994.
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