Republican McCain and Democrat Obama preach democracy to the world, while 20% of Americans live under authoritarian HOA regimes
Both parties and presidential candidates are oblivious to the changing landscape of America that extends beyond the physical to cultural, social and political landscapes. Homeowners associations are protected, encouraged and supported by the state legislatures who are active participants in establishing the New America of privatized local governments.
“Governments are instituted among men deriving their just powers from the consent of the governed.” — Dec. of Independence.
The only defense offered by the special interest promoters and legislators has been one specious argument based on “a consent to be governed” based on an unsigned contract, and by ascribing de jure government attributes to the HOA. Attempts at reform legislation are met with the outcry of “contract interference”. More specifically, on Art 1, Sec 10, of the Constitution, the disjointed clause 1, which states: “No state shall . . . pass any . . . law impairing the obligations of contracts.” Now there are certain implicit assumptions underlying this restriction to make this provision a fair and just restriction. The equivalent statement in the Northwest Treaty Ordinance of 1787, adopted just months before the creation of the Constitution, makes an explicit statement of these fair and just understandings,