Are we united or are there two forms of political government within this great country? If America is to remain a united people, it is time that the US prohibits the writing of private contracts, Declarations of CC&Rs, subject to common law servitudes in order to subvert the application of the US Constitution. It is time that these private local governments be made subject to the US Constitution and stop being treated as independent principalities.
By virtue of an unconscionable adhesion private contract favoring the subdivision developer and HOA board of directors, homeowners associations are allowed to deny constitutional protections and the application of the laws of the land. Over 20% of Americans, who are homeowners living in these private governments, live at the “suffrage of the board,” with state laws that do not punish board violations of the laws or of the governing HOA documents.
George Staropoli of Arizona-based Citizens for Constitutional Local Government has for more than a decade argued that Privatopia is an extra-constitutional form of local government that's prone to abuse of power and thus a danger to civil and property rights. Now he's drafted a petition to the White House urging that Privatopia be deprivatized and subject to constitutional restraints.
It's not clear from the petition how this is to be accomplished. For example, by preempting state enabling statutes that allow the formation of mandatory membership HOAs? The aim of this petition could also be achieved at the state level by repealing HOA authorizing statutes and subjecting existing and future HOAs to state government codes as special districts or taxing authorities.