Updated Dec. 7, 2011
The website the industry and state governments don't want the public to read.
"Blaming the wolf will not help the sheep much. The sheep
must learn
not to fall into the clutches of the wolf."
Gandhi.
If you seek HOA reforms, take this small step and send a
petition to the President to help the 20% Americans living under these private
governments. Go to:
http://www.change.org/petitions/require-homeowners-associations-hoas-to-be-subject-to-the-constitution
Read 10 Myths About HOAs. If you are planning to buy a residential property under a private government HOA, then you must read "Truth in HOAs" disclosure.
ON JULY 20, 2011 OAH WILL BEGIN TO HEAR HOAS DISPUTES AGAIN. The filing fees remain $550 and $2,000. See DFBLS webpage for forms and procedures. See OAH webpage to get important info on the hearing process.
On January 28, 2009, OAH adjudication of HOA complaints was declared unconstitutional by a superior court appeal, and reaffirmed on February 24, 2009. On Oct. 28, 2010 the appellate court in Gelb v. DFBLS declared the statute unconstitutional. However, an appeal to the AZ Supreme Court was filed on Nov. 30, 2010 - Gelb v. DFBLS, CV 10-0371-PR. On Jan. 10, 2011 George K. Staropoli, as a Pro Se, filed an amicus curiae brief in support of Gelb, which was accepted by the court. In May 2011 the Arizona Supreme Court decided not to hear the case, but did not accept the Gleb decision as precedent.
Read how this pro-HOA public policy has accepted HOA servitude laws to be superior to constitutional law: Legitimate Governments. Read the proposed Truth in HOAs statute. Take this important Poll on consent to be governed and surrender of your rights. AGREEMENT POLL. 92% of respondents voted NO (8/1/11).

I assembled several of my publications into this eBook format (5.5 x 8.5 PDF) to present a comprehensive view of the substantive issues relating to the HOA - planned community legal scheme. See Understanding the New America of HOA-Land
Do you prefer videos? Visit the HOAGOV Video Channel. Not
TV "news" entertainment! No nonsense reporting!
"If there is no penalty [for] disobedience,
the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation."
(Alexander Hamilton, Federalist #15)
"Who will fight for the
people?" George K. Staropoli, Arizona Republic, Jan. 5, 2009.
A newly released law review article severely
criticizes the legal structure and operations of homeowners associations,
contradicting the "highly satisfied" polls by the national lobbying
organization, Community Associations Institute (CAI). The authors write:
(1) Buyers are
left to contend with a draconian package of restrictions that, unfortunately,
is remarkably resistant to change; (2)
the pervasive privatization policies of local governments and the
self-interested motives of CIC developers, that are at variance with the best
interests of CIC homeowners; (3) CICs must be afforded the opportunity to shed
their command-and-control rule regimes in favor of templates aimed at
reinforcing norms of basic neighborliness. For more . . .(PDF).
Learn more about the downside of
HOAs: The Foundations of
Homeowners Associations and the New America.
See also, the "Hannaman
Report" prepared in 2002 by a NJ official in the Department of
Community Affairs for the State of New Jersey. This paper was presented for a
Rutgers Panel on Homeowner Association Problems.
Furthermore, in its Twin Rivers opinion,
the NJ Supreme Court reaffirmed the communal nature of HOA living.
The Court stated: "The mutual benefit and reciprocal nature of the rules
and regulations and their enforcement is essential to the fundamental nature of
the communal living arrangement that the residents enjoy." Hear how your
fundamental rights are lost as a result of your private contractual HOA
"constitution" that supersedes the US
Constitution and select "NJ Supreme Court" videos.
ALERT!! PVTGOV News Video: A powerful message for advocates across the country -- put Rules
of Engagement to use and get results. View the FL HOA committee adopt this
tough position with HOA director and HOA attorney. Go to Select
Committee. View the Arizona legislator who observed that "this
legislation tries to solve the ills of society" as substantive amendments affecting
the legal scheme of HOAs are presented by pro-homeowner attorneys --
go to Society.
For important
information regard current Florida advocacy developments, see
new video at StarPub and click on FL Advocacy For a transcipt of the video and
referenced materials, see Transcript.
"If angels were to govern men, neither
external nor internal controls on government would be necessary." James Madison, The Federalist papers, # 51. And even more so for
private HOA governments.
View selected Commentaries.
An index of some 500 plus commentaries, from August 2004 to today, on homeowner associations, CAI,
legislation and constitutional principles is now available for research.
Search my Commentaries here (do not use "HOA" alone).
And the Land Shall Be Made Good Again: a poetic retelling of the New America. 
"If we are to make progress, we must distinguish the
concept of a planned community, which is a real estate "package" of homes,
landscaping, amenities, and rules, from that of the HOA, which is the
undemocratic governing body of the planned community". ... George K. Staropoli
"CIDS [HOAs]
currently engage in many activities that would be prohibited if they were
viewed by the courts as the equivalent of local governments." ... Privatopia, Evan McKenzie

"The HOA Warrior defending homeowners
against associations",
wrote The Arizona
Republic .
Background info on George K. Staropoli, Pres.
·
Citizens for Constitutional Local Government (CCLG) believes that HOAs are independent, undemocratic, private
governments operating outside the American system of government. If we are to
make progress, we must distinguish the concept of a planned community, which is
a real estate "package" of homes, landscaping, amenities, and rules,
from that of the HOA, which is the governing body of the planned community.
Only when the HOA is a truly democratic government and no longer an
independent, private government will there be equality for all citizens.
Contact us at
PVTGOV
·
"I get one email a week from homeowners", he
said, "I have to tell them that under current law and statute, nonprofit
corporations and HOAs have their own powers and there is no bill of rights to
protect us as citizens."
. . . George K.
Staropoli, Arizona Capitol Times, 3/15/02
For
more information on Arizona, click on the button.
For all buyers:
For
help with a problem, or for information that you should be aware of or to
request from the prospective HOA, view these important pages:
·
While Arizona advocates won a victory,
see a video on how homeowner rights advocates had to fight for this
success. See news
video.
Collected Papers: Constitutionality & Legitimacy of HOAs. See
Phoenix ABC15 TV expose on Controlling
HOAs (click
on Controlling HOAs under Investigative Reporters).
For more: opinion (pdf)
appeals brief (pdf) CAI amicus brief (pdf) Response to CAI (pdf). Twin Rivers Amicus
brief filed by AARP. View homeowners' NJ Supreme
Court brief (82 pages, 4.1 MB, PDF). The NJ Supreme Court heard oral
arguments in the Twin Rivers appeal on Jan. 4, 2007. View history of
decisions here .
Read about the
hidden history of planned communities, and the role of the national HOA
lobbyist, Community Associations Institute (CAI), in opposing constitutional
protections for homeowners.
Collected Papers:
Constitutionality & Legitimacy of HOAs
Recommended reading for advocates
and concerned Americans
HOA Reforms to
Guarantee Constitutional Protections
-- HOAs as a local government
-- To prevent the
blessings of liberty
-- Why not local government?
-- Why a local government entity
-- HOAs
as an unincorporated town?
-- The Other
Phoenix Job
-- -- The presumption of constitutionality
-- Reform
Legislation versus De-privatization
of HOAs
-- Constitutional Protections Subverted by Nebulous Court Opinions
-- Democracy in America
-- CAI Funded Book Admits HOAs are Private Governments
-- Historical parallel on HOA conspiracy of silence
-- Private Government HOAs are Defective.
-- Arizona HOA Study Committee fails to meet its Purposes
-- You can be held to anything, including additional financial obligations
not related to the purpose of the HOA, without your vote. Read more about
California Appeals Court decision.
-- Democracy on the Brink: HOAs
allowed to violate US Constitution
-- HOA vs Civil Governments Govt.
-- Open Letter to Arizona Legislators file.
-- HOAs are Big Business AZ Capitol Times Commentary
-- The American Dream of owning a
home. You shouldn't have to live under a private government
-- Listen to ACLU attorney and Rutgers Law professor Frank Askin speak
about HOAs (10 min) -- constitutionality, adhesion contracts and effectiveness
of legislative reform
Buyer's
Guide to Living in a Community Association brings the latest developments with homeowner
rights and in community associations across the country. guide