Actually, it’s a shame that we homeowners have to ask for a “Homeowners’ Bill of Rights” in “The Land of the Free” – the United States of America. Even our Supreme Court recognized (quote):

“Special respect for individual liberty in the home has long been part of our culture and our law.”

But it seems that quite a few of our citizens (and especially “special interests”) have forgotten that this country was founded upon the principles of FREEDOM, as established in the United States Constitution. Otherwise, I can’t find a reasonable explanation that New Jersey’s Supreme Court will hear a lawsuit to decide whether or not homeowners living in an association have lost their constitutional rights, when they signed a contract and agreed to become members of a homeowners’ association. That’s what the Community Associations Institute (CAI) – the trade organization for lawyers and managers — claims in their Amicus Brief! When I first read that an attorney had stated that we owners signed our constitutional rights away at the gate, I wasn’t sure if he was joking or not. But it seems these attorneys – out for profit at the expense of the homeowners – are really serious!

Numerous complaints from AARP members – meaning mostly homeowners over age 50 – finally caused this large organization to get involved by publishing:

The BILL of RIGHTS for HOMEOWNERS in ASSOCIATIONS

(Subtitled: Basic Principles of Consumer Protection)

which can be read here.

David Kahne, the bill’s author, spoke on September 9 on the talk show “On The Commons”. Kahne is a well-known attorney from Houston, Texas who fights for homeowners’ rights and against frivolous foreclosures in associations. He explained the reason for writing this bill and what this bill will achieve, if enacted by the state legislatures. He emphasized just how important for homeowners this bill and its ten main sections will be when it is enacted.

These are the main RIGHTS this model statute is asking for:

  • The Right to Security against Foreclosure
  • The Right to Resolve Disputes without Litigation
  • The Right to Fairness in Litigation
  • The Right to Be Told of All Rules and Charges
  • The Right to Stability in Rules and Charges
  • The Right to Individual Autonomy
  • The Right to Oversight of Associations and Directors
  • The Right to Vote and Run for Office
  • The Right to Reasonable Associations and Directors
  • The Right to an Ombudsperson for Homeowners
Is this too much to ask for, as we live in the “Land of the Free”?

I don’t think so, but obviously some specialized attorneys, managers and a few board members think so! Maybe they would be better off living in Cuba – or some other dictatorship?