The HOA-Land Nation Within America

The assault on the Constitution did not start in 2016 but in 1964 with the publication of the Homes Association Handbook that formulated the current legal model of local authoritarian, private governments commonly known today as homeowners associations (HOAs). George K. Staropoli is a nationaly recognized, long-term homeowner rights activist with some 18 years of involvement. His diligent legal research and prolific commentaries and editorials have been published to his online HOA website, HOA Constitutional Government.Mr. Staropoli has concluded that there exists an HOA-Land Nation within America that is comprised of fragmened and local HOA governments across the country, and has designated them collectively as HOA-Land. The commonality of their declarations of CC&Rs, flowing from the Handbook, their shared beliefs, values, traditions, and instiutions qualify HOA-Land as a nation. The private contractual legality of the HOA allows it to function outside the US and state Constitutions and laws of the land as if it were a principality. States have granted the HOA more freedoms and rights than possed by local governments. HOAs have more freedoms than allowed to communities electing to be held subject to home rule statutes that are held subject to the Constitution and the laws of the land. The consequence of this treatment as a principality has been a loss of constitutional rights and freedoms for the members of the HOA, relegating them to a second-class citzen status. Mr. Staropoli asks whether the subdivisions now known as HOAs could exist within the constituional structure of our 232-year democratic institutions, or was it necessary to adopt authoritarian methods to overcome the defects of the HOA model of governance?This white paper examines, discusses, and challenges the heretofore hidden and ignored issues of constitutionality of the HOA model of local governance, with its the abdication of America’s social contract – the US Contitution -- for the HOA social contract, the Declarations of CC&Rs.