HOA Bill of Rights

Over the past thirty age there has been an flak catcher on Americans that has gone mainly un noniced. But this time it is non an attack from a foreign nation or entity. The attack comes from within. The attacks atomic number 18 from home receiveer connecters on their members. In the nineteen eighties householder crossties ar created to ? give quality values? or ?maintain a level of aesthetics?. However, as the leave is deep shaped by the past, we need to look at it to divine service us better attend to the present. In the midst of a historical situation, the role players may non always see their present with the clarity. Self-denial, self-delusion, the tyranny of the present, all may shield a participant from the full reality of what they are doing. What get out Americans think years from straight off round the explosive growth of homeowner associations in the latter part of 20th Century? History may provide us some clues. Thomas Jefferson, 3rd death chair of the United States. Nobody spoke with the same passion about human chastises as he did. He wrote about the oecumenical rights of man, that we are all endowed with the inalienable rights of life, liberty and the spare-time activity of happiness. But he possessed oer 100 slaves when he wrote those words. He wrote about the inherent right to private seat - that nobody has a right to take an others post, yet he simultaneously advocated and engineered that the lands of the Native Americans west of the Appalachians be taken from them.

homeowner associations represent one of the refreshinger manifestations of this quest. The essence of them is control in come in to take property - and in certain circumstances - the property itself. They do this by taking away many of the traditionalistic rights of homeowners - and property is defined legally as a tamp of rights. Once upon a time, a homeowner could plant his own flowers in his garden. Now he can non. Once upon a time, a homeowner could leave his garage door open for as long as he wanted. Now, the aesthetics police will give him a ticket. From a narrow perspective, these vitrines may search small. But if one looks at the overall picture it function real evident. They come as the result of forces whose mutual denominator is money - or at some point, your property. Developers realized that you could make much money by mass producing housing on forsake land in suburbs. Cities and counties realized that they could raise taxes from these by not raising taxes - but by calling them fees. Developers were required to edit in the roads and lighting and schools, and the homeowners had to turn over the fees for these - aka assessments. Of course, they still had to pay the same taxes as those homeowners who did not stomach in homeowner associations. Developers now realized that they had to set up each homeowner association as a mini-government, and lo and behold - the lawyers appeared on the outlook to lend a helping - and often - grasping hand. They now saw a steady stream of income. Lawyers helped create a complexity of laws to make them money. Property management companies then jumped in and managed these large associations, for a fee of course. The homeowner now finds themselves in the middle of this. Most people are unable to deal elsewhere because most cities and counties put up now mandated that most new housing be in homeowner associations, he feels very unfree in the land of the free.

I would like to see a Homeowner?s tirade of right fields. Most States laws are created in favor of the homeowner associations. To balance the scale a Homeowner Bill of Rights would secure the homeowner from foreclosure from homeowner associations. to a fault a way to resolve disputes in the midst of the association and homeowners without judicial proceeding (The lawyers will never go for that!). An oversight committee to range the associations actions. Laws that regulate board members tenure. Reasonable guidelines pertaining to association rules and regulations.

Below is an example of such bill of rights.

Bill of Rights for Homeowners (Kochera, 2006)I.The Right to Security against ForeclosureAn association shall not foreclose against a homeowner except for satisfying unpaid assessments, and any such foreclosure shall require judicial freshen to ensure fairness.

II.The Right to Resolve Disputes without LitigationHomeowners and associations will have uncommitted alternative dispute resolution (ADR), although both parties preserve the right to litigate.

III.The Right to Fairness in LitigationWhere there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay lawyer fees to a reasonable level.

IV.



The Right to Be Told of All Rules and ChargesHomeowners shall be told?before buying?of the association?s broad powers, and the association may not exercise any power not clearly disclosed to the homeowner if the power unreasonably interferes with homeownership.

V.The Right to Stability in Rules and ChargesHomeowners shall have rights to vote to create, amend, or can deed restrictions and other important documents. Where an association?s conductors have power to change operating rules, the homeowners shall have notice and an opportunity, by majority vote, to override new rules and charges.

VI.The Right to Individual AutonomyHomeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of common areas.

VII.The Right to Oversight of Associations and DirectorsHomeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to become oversight of elections and other votes, and to recall directors.

VIII.The Right to Vote and top for OfficeHomeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.

IX.The Right to Reasonable Associations and DirectorsAssociations, their directors and other agents, shall act reasonably in exercising their power over homeowners.

X.The Right to an Ombudsperson for HomeownersHomeowners shall have fair interpretation of their rights through the narrate Office of Ombudsperson for Homeowners. The ombudsperson will enable state oversight where needed, and increases accessible information for all concerned.

A Homeowner?s Bill of Rights will protect the property of law abiding citizen from potentate like homeowner associations who can take money and property from homeowners for any reason. Some disturbing reasons may be that they bonnie do not like you, or you are not their type of homeowner.

Citations:Kochera, Andrew (2006, July). In Brief: A Bill of Rights for Homeowners inAssociations: basic Principles of Consumer Protection and Sample Model Statute. Retrieved FEB 27, 2008, from In Brief: A Bill of Rights for Homeowners in Associations: Basic Principles of Consumer Protection Web send: http://www.aarp.org/research/legal/legalrights/inb128_homeowner.html

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