HOA principalities: To bee or not to bee one government under the Constitution � HOA Constitutional Government
George Staropoli focuses on this intriguing sentence from the original article on the bee situation:
"Representative Glen Casada, who represents the Spring Hill neighborhood, has asked Tennessee Attorney General Robert Cooper for an opinion on whether or not the HOA is considered a political subdivision of the state."
And George says:"I hope Attorney General Cooper will uphold the US and Tennessee constitutions, knowing full well that even homeowners living in HOAs are US citizens and citizens of the State of Tennessee, with full rights, privileges and immunities."
5 comments:
HOAs are established under state corporations codes as nonprofit corporations and not governments under state government codes. The chances of the AG finding the HOA a political subdivision of the state are slim to none.
Fred, I researched a number of court cases on the issue of quasi or mini-governments. They are listed in <a href="http://pvtgov.org/pvtgov/downloads/mini-quasi-cases.pdf>CASES.</a> It's about 50-50.
Plese see http://pvtgov.org/pvtgov/downloads/mini-quasi-cases.pdf for a 50-50 split.
Please see http://pvtgov.org/pvtgov/downloads/mini-quasi-cases.pdf for a 50-50 split on cases.
The reporter paraphrased. The legislator is seeking to determine whether the new law applies only to political subdivisions of the state.
Of course much of the confusion is created by the HOA industry players who often "educate" the gullible homeowners into believing that the HOA corporation is a government.
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