As Americans, we like to think of ourselves as being the freest people in the world. And we are – or perhaps we were. Gradually over the years American homeowners have been conned into believing they have given up some of those rights if that house is in a homeowner association. Other times they have been misled into believing they never had any rights in the first place. Bundled up in all of our rights we have what are often referred to as “natural rights” also inalienable rights. These are rights that Belong to us and cannot be taken away. Some of these rights are enshrined in the Bill of Rights. The first of those rights is included in the 1st Amendment. It guarantees the right of free expression, including freedom of assembly, freedom of the press, religion and speech. Nowhere in the Constitution did I find an exception for Homeowner associations. What a shocker!
Deborah Goonan joins us On The Commons. Deborah writes a blog called Independent American Communities and has become a walking encyclopedia of all the problems in HOAs across the country. She has recently been following a troubling trend of HOAs stripping owners of their right to free speech part of the protections of the First Amendment. We talk about Val Vista Lakes HOA in Gilbert Arizona whereThe association was threatening the residents with $250/day fines for exercising their right to free speech. Find out why. Check out Independent American Communities and do tune in to the show.
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While it’s good to see some movement in this area, I think the whole idea of “let’s subject HOAs to the constitution” is ultimately misguided and counter-productive.
Instead of legitimizing these private entities as another layer of government – and therefor legitimizing their exercise of governmental powers – I believe efforts should instead be made toward neutering the power of HOA corporations.
For example, here – https://drive.google.com/file/d/1kAHLcEfDRzMmh0-m0zizyNmzlTwqyg9y/ – is a bullet-point list of policy proposals.
See also the list of policy proposals published in the “Rutgers Journal of Law & Public Policy” 12 years ago at https://rutgerspolicyjournal.org/sites/jlpp/files/5-4_Hannaman.pdf on pp. 718 – 728.
I am just trying to find a relief from lien’s that they imposed on me for talking back after they harass me I was here less than 10 days and now I have fines over $6,000