Wednesday, April 24, 2013

What HOA issues are appropriate for federal intervention? | HOA Constitutional Government

What HOA issues are appropriate for federal intervention? | HOA Constitutional Government
George Staropoli poses this excellent question, and the answer he got from Nevada congressman Joe Heck (R-Henderson and much of Clark County) shows little understanding of the situation:

"I can certainly understand and appreciate your frustrations. Since HOAs are governed by local or state law rather than federal, it would be best to contact your state assemblyman or state senator and local county officials with your comments."

The fact is that the federal government has been heavily involved in promoting common interest housing since the 1960s, as I explained in detail in my first book on this subject way back in 1994.  Hasn't he ever heard of the FHA or Fannie Mae?  It is just another example of how determined public officials at every level of government are to wash their hands of any responsibility for HOAs and condo associations.  The problems are so enormous, and so many people are profiting from those problems, that it becomes almost impossible to get anybody to do anything until there is a complete disaster. The Las Vegas HOA corruption ring is one example of that.


6 comments:

Cynthia Stephens said...

"The fact is that the federal government has been heavily involved in promoting common interest housing since the 1960s, as I explained in detail in my first book on this subject way back in 1994. Hasn't he ever heard of the FHA or Fannie Mae? It is just another example of how determined public officials at every level of government are to wash their hands of any responsibility for HOAs and condo associations. The problems are so enormous, and so many people are profiting from those problems, that it becomes almost impossible to get anybody to do anything until there is a complete disaster. The Las Vegas HOA corruption ring is one example of that."
Thank you, Professor McKenzie for your knowledge and wisdom. Now, far too many know what the HOA, etc., problems entail:(criminality, slapp lawsuits, books, records inaccuracies and no availability, discrimination and fraudulent foreclosures, etc...) and they have known for quite some time, so how come we are still talking about the same horrific HOA abuses for the last decade? How many more need to be made homeless and how many more need to die due to the violence in these "groups"? Too many of these hese communities have become too dangerous and too predatory for people. Unfortunately, most do not find out until they have signed the contract.

robert @ colorado hoa . com said...

I recently hand-delivered two hand-written letters to the office of my congress-critter Jared Polis (Democrat), along with a printed copy of the professor’s blog post above. You can read them here (Nov. 25) and here (Dec. 08).

Earlier today (Dec. 18), I received this reply via e-mail:

I wanted to thank you for dropping off your material about your concern with HOA’s. I apologize it has taken this long to reply. I did share the information with my legislative counterpart in D.C. As you are aware currently HOA’s are regulated by the states not the federal government. House ethic rules prevent our office from getting involved in issues that fall under the jurisdiction of state and local governments. There have been some interest in years past at the state to explore how the state can better regulate HOA’s and I strongly suggest you contact your state senator or state representative to express your interest in the subject.

In the meantime, should anything come before the floor of the house that might impact how HOA’s operate we will keep your thoughts in mind and reach out to you at that time.
Best,

Danielle Henry
District Advocate
Housing/ Labor/ Econmic Development
Congressman Jared Polis (CO-02)
1644 Walnut St Boulder, CO 80302
Office: 303-484-9596
Fax: 303-568-9007

robert @ colorado hoa . com said...

In the 2014 election, Mr. Polis’s Republican opponent was George Leing, a corporate attorney who was also Chairman of the Boulder County Colorado Republican Party. When I contacted Mr. Leing's office with my concerns regarding H.O.A.-burdened housing, I received this response from his campaign manager:

Friday, August 29, 2014 at 9:01 AM

Thank you for reaching out to the campaign. George believes that individual property rights are key component of our individual rights and incredibly important, but as a federal candidate, his ability to intervene in local HOA disputes would be limited.

Gregory Carlson

---
Gregory Carlson, M. Ed.
Campaign Manager
George Leing for Congress
www.georgeleing.com
https://www.facebook.com/georgeleingforcolorado

robert @ colorado hoa . com said...

Two months after my congress-critter's District Advocate for Housing affairs claimed that protecting consumers of housing is not a federal issue, my congress-critter tweeted this:

twitter.com/jaredpolis/status/704718539274452992

Jared Polis
@jaredpolis - 27 Feb 2016 - 9:17 PM

I've been failing at the increasingly complex CAPTCHA tests that many websites have... does that mean that I'm a robot and not a human?

Colorado HOA
@ColoradoHOA - 1 Mar 2016 - 7:36 AM

@jaredpolis The tortoise lays on its back, trying to turn itself over, but it can't. Not without your help. You're not helping. Why is that?

Jared Polis
@jaredpolis - 1 Mar 2016 - 9:22 AM

@ColoradoHOA what would u like my help with? HOAs don't have much to do w federal law except for interactions w IRS, etc

robert @ colorado hoa . com said...

Four years later ....

George Staropoli recently posted on his blog that "AZ Legislature’s Pro-HOA Posture Forces Going To The Feds" (01/16/2017).

"instead of repeated attempts to get state legislatures to 'straighten up and fly right' there is an opportunity going to the FEDS." (emphasis in original)

I replied with (1) a link back to this page, and (2) an explanation that in the current political climate, with (2a) anti-consumer Republicans in charge of the federal government, and (2b) a president who made his fortune by building H.O.A-burdened housing, there was no chance of federal intervention. For some reason, Mr. Staropoli did not allow my comment to be published on his blog.

robert @ colorado hoa . com said...

Jared Polis's office wrote..."As you are aware currently HOA’s are regulated by the states not the federal government. House ethic rules prevent our office from getting involved in issues that fall under the jurisdiction of state and local governments. There have been some interest in years past at the state to explore how the state can better regulate HOA’s and I strongly suggest you contact your state senator or state representative to express your interest in the subject."

Jared Polis is running for governor of Colorado; the current governor is term-limited. I wonder what excuse he will come up with this time to avoid dealing with the issue.

A few weeks ago, Colorado House Majority Leader Rep. KC Becker (Democrat - 13) told me that people "may not have much personal experience" with H.O.A. corporations, "and if they do have personal experience with HOA’s, it may not be negative", and that "It also may not be enough of a priority" for her to concern herself with.

Like congress-critter Polis, Ms. Becker represents Boulder, which has a reputation of being a left-leaning / progressive city. Boulder has been called "the Berkeley of the Rocky Mountains", "the People's Republic of Boulder", and "Twenty-Five Square Miles Surrounded by Reality". If Boulder Democrats aren't interested in protecting the owners and residents of H.O.A.-burdened housing, we might as well give up and accept the eternal corporate governance of our domestic lives.