tag:blogger.com,1999:blog-5060417.post3382773108345213661..comments2023-11-05T06:18:25.377-06:00Comments on The Privatopia Papers: Clipper Estates lawsuit dismissed by federal judge - Louisiana Politics | State Legislature News - NOLA.comEvan McKenziehttp://www.blogger.com/profile/04479661304143631524noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5060417.post-15831786689239496892009-09-15T10:07:36.824-05:002009-09-15T10:07:36.824-05:00The bottom line is that HOAs NEVER represent the h...The bottom line is that HOAs NEVER represent the homeowners. The HOA represents at best only the interests of the majority controlling interest of the board, period. As indicated in the article, the "homeowners" association is controlled by the developer, not the homeowners. <br /><br />The question is why is the HOA being equated to the homeowners? At best the HOA is a private person and is a separate legal entity from the homeowners. Any remedy that the homeowners have goes to the homeowners. Any remedy that the HOA has goes only to the HOA - NOT the homeowners.<br /><br />The judge has it wrong and it is pretty apparent that all the developer has to do is stay in control in perpetuity to ensure immunity from wrongdoing. So much for the alleged "democracy" in HOAs. The judge has made TWO mistakes: one is failing to distinguish the homeowners from the HOA; two is presuming that the "decision of the HOA" to not pursue a claim should trump any homeowner's right to seek relief. Gee, the board decided not to consider using the HOA to pursue the board members for RICO violations.Anonymousnoreply@blogger.com