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COERCION BY HOMEOWNER ASSOCIATIONS (HOAs)
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by Koreen | March 3, 2008 at 07:32 pm
1359 views | 10 Recommendations | 4 comments
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One of the definitions of coercion "is an act by a human or humans" (including corporations because they are also 'persons') "against the will or without the permission of another human being with respect to that which is his own (person or property). It means for someone to take, use, meddle with or otherwise do something to the body or property of another human being without the permission or against the will of that other human being. This includes fraud and embezzlement and other indirect uses of force as well as direct physical violence."
Using this definition as a guideline, it is easy to understand that HOAs (Homeowners Associations) may exert coercion over any homeowner "owning" a home in a mandatory HOA. In this social context, the homeowner does not retain exclusive right of control over that which "belongs" to him - his legitimately acquired property.
Many, if not most HOA Boards of Directors and Officers, under the guidance of HOA lawyers, (many of whom are members of the CAI - Community Association Institute), and CAMs (Community Association Managers) with HOA Property Management Companies maintain that anyone who buys a house in a HOA voluntarily gives up their "rights," constitutional or otherwise by signing an "adhesion contract" with CC&Rs "running with the land" at the real estate closing.
If a HOA lawyer tells a homeowner that his home will be liened and foreclosed unless he pays the arbitrary HOA assessments demanded of him regardless of whether the homeowner agrees with the amounts demanded or not, is this coercion? We believe it is. If an organized group, or a corporation called "the government" confiscate a man's bank account because, they say, he "owes" back taxes, is this coercion? Yes, we think so. If the HOA, their HOA managers and HOA lawyers demand payments in the form of "dues/assessments," regulate and dictate to him concerning how he may use his own property, and if he does not comply with all their demands they will lien and foreclose his home! Does this constitute coercion and economic violence? I think so.
How does one know whether or not his/her rights have been violated? Has violence, economic or otherwise, been initiated or not? Is there the possiblilty of fraud, embezzlement, and other indirect uses of force such as threats and harassment? Harassment being perpetrated in person such as a BoD member pounding on your door, demands that you sign petitions, waivers, etc.. tapping you on the shoulder at HOA meetings, attempts to provoke physical violence, harassment via phone, and by "letters of violations" in the mail on a regularly occurring basis.
According to Ayn Rand, one of the three basic principles of ideological warfare are: "When opposite basic principles are clearly and openly defined, it works to the advantage of the rational side; when they are not clearly defined, but are hidden or evaded, it works to the advantage of the irrational side."
It is in the interests of "homeowners" living in mandatory HOAs to clarify these issues and to make the clear distinctions between what is truly coercive of their human rights and what is not.
For more information and to comment, please email me.
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Koreen
Tampa, Florida, United States
Most RecentMost Recommended Comments (4)
at 18:34 on March 4th, 2008
The idea that these mafia organizations hold a valid "contract" cannot withstand the test of mutal agreement. My HOA has "restated" and ammended this contract (the Master Plan and its CC&Rs) over a dozen times. How can one party make alterations to a contract without the consent of the other party? It is a fraudulent claim. (MAFIA = Mandatory Association Foreclosing in America)
Fraud is a crime, and the "turning over the HOA to the homeowners" and renewing the terms of the original agreement for perpetual automatic renewals is a fraud because the homeowners didn't agree to this, or even know it was happening. The original "contract" term included in the original Master plan was 5 year renewals until the community was fully developed >90%. The HOA and all its authorities was supposed to expire when this happened, but now we see them forming again and renewing these out-dated rules and regulations for perpetuity. It's wrong, and the people living here should have a vote in this matter - at least 51% of us should have to sign an agreement to extend this or it should be dissolved and reformed as a VOLUNTARY organization, with no power to extort money/foreclose/act as a person before the law in matters of ARC enforcement, etc. etc. It is a Fascist organization without a signed consent form from at least the majority of the homeowners. There's about 20,000 homeowners here, and not a single one of us "agreed" to extend this reign of tyranny in writing. NOT ONE.
Now comes the new "homeowner run board" that was hand-picked by the HOA managers and lawyers, with the manager (who is paid over $250,000 a year) as the chairman of the board. Smells of conflict of interest to me - what do you think about this?
Thus, with the extortion tactics of old being renewed and regurgetated by the new regime, the act of FRAUD is upon us. I beleive the only defense is invocation of the Castle Maxim. It shall be used as a defense when the perpetrators of extortion racketeering are carried by 6. No, I will not be the one to be judged by 12 - no I am not a killer. But knowing what I know about how they treat people, it is only a matter of time 'till someone opens fire on their condescending asses. I'll then come to the defense of that person and recommend the use of the castle maxim as this relates to the taking of a homestead property thru extortion, deception and fraud.
Taking or threatening to foreclose on one's homestead over an expired contract term is fraud. I will share this perspective with this new board - when the time is right. Those who continue these extortion practices are considered by me to be perpetrators of treason against the constitution. Yes, they will laugh and ridicule me as bullies do not comprehend reason unless given no alternative.
If this contract is to be properly consummated and accepted, 51% of the present day owners shall gladly submit to these terms by signing a contract by way of a petition (follow the law that specifies this proceedure to form/renew/extend a mandatory HOA).
Without proper consummation of the contract via the HOA law that specifies such a petition, the act of threatening foreclosure for non payment of the precious $60 quarterly dues payments is a crime.
The use deadly force to protect one's homestead from such criminal takings is justifiable, in my opinion. Hopefully a jury will soon be seated on such an issue in Texas, and I hope to be there to defend such actions as Justifiable homocide under the Castle Maxim.
The day dawned when free men take up arms to protect their constitution in 1836. Remember the Alamo, 'cause it was fought against all odds and today that constitution still stands: Perpetuities are not allowed in Texas - let this be known by all men that our society is based upon the sound principles of the Constitution, and any man who uses extortion tactics to collect dues for a Mandatory HOA shall be punished severely, swiftly, and irrevocably.
Let God judge thier sorry asses and may free men exonerate those who take the life of despots who seek to defraud by coersion, fraud and bully tactics. $50 gets more bullets than lawyers, managers and board members all tallied together, and you cannot win against this industrial tyranny because the laws are crooked - the laws were written by the Mafia Kingpins themselves! Court is no longer a reasonable venue in HOA matters, your best chance is to stand trial for Murder and pray for me to be on the jury. I'll keep my nose clean and my voter registration current so that I might just be on that Jury when it finally comes to court on a fair playing field.
Sincerely,
Rich
at 12:22 on March 5th, 2008
You make some excellent points and I certainly agree with most of what you wrote. The only problem with confronting them is that they then make serious accusations (since the lawyers represent them not the titleholders/homeowners) against the person standing up for his "rights."
The problem with using "deadly force" is that even if you shoot a "home invader," etc. while he is trying to rob or murder you in your own home, you will most probably be arrested or at the very least, detained for trying to defend yourself. Our front door was pounded on and I mean POUNDED on by a BoD member (there is nothing wrong with our doorbell) trying to force (duress) my husband to sign a recall petition to get rid the of HOA pres. whom they appointed! I did report this to the county sheriff, and they told me there is nothing they can (or will) do about it! We do have a 'No Trespassing" sign posted on the way to our single family home front door, which the controlling psycho has to walk to by on his way to the front door.
Until we are able to change the overall pervasive climate of oppression in this country, and the "leadership" that permits these types of things to go on with the full support of "government" we will continue to be subjugated and oppressed.
at 17:31 on March 5th, 2008
Koreen, thank you for posting this.
at 07:09 on December 5th, 2008
lawyers , judges and arbitrators are often corrupt ...... They have delegated their arbitratary and vendetta prone HOA .