It's your own fault, you signed... right?

I often hear the argument that if you don't want to follow those stupid rules... don't move there. If you don't like it afterward just move away.
First of all as I have stated in another post, here in southern middle Tennessee, the place is swamped with new housing development and new housing has been going on in this area for 15 years. Franklin TN was a small town south of Nashville and in between there was open land. Now, they run together and every house built, with rare one-off exceptions, is an HOA controlled development. Not an option to buy a home not controlled by a private government.
So move... to where? Fifty miles from your work? Not an option and really not practical.
Now to the real point. When things go awry in government, when something is just plain wrong, Americans stand up and fight for change. That is the basis of our entire form of government. That is why there is a legislative branch of local, state and federal government. That is why people run for office... to change the wrongs. When there was slavery in this country did anyone that didn't like it just leave? When women didn't have the right to vote did they just move elsewhere? Of course not. They stood up and fought for change and made as many people as possible aware of the wrongs and made change happen. That is the American way.
The problem is, that process works when there is true democracy. It is sometimes impossible to effect change, or at best, extremely difficult when dealing with a non-democratic private government that doesn't recognize the law of the land and does not have to abide by that law.
Remember, these private governments have no system of checks and balances. They have only one branch of government... they are judge, jury and executioner. How do you think Hitler's Germany happened or Sadam's Iraq.
When the dictators of the HOA conduct secret meetings, hold illegal elections, threaten property owners with lawsuits and when most of the property owners just sit back, remain quiet and go along out of either complacency or fear of the dictators... change is impossible or unlikely. When non-judicial foreclosure on a home without proper notification can and does occur... it tends to keep everyone else in line. When the dictators can suddenly decide you can no longer have that basketball goal on your house and begin to fine you for it... your neighbors generally try to keep a low profile and just go along.
As long as Americans and HOA ruled property owners keep quiet, wrongs will continue. Until the silent majority screams enough is enough... we will be ruled.
Until the peasants pick up the torches and pitchforks and storm the castle of the king... nothing will change.

The CAI (not CIA)

So who is the CAI? It is the Community Associations Institute.. a very powerful but behind the scenes, quiet organization that we all pay for. If you live in an HOA controlled community there is a great chance that part of your HOA tax (dues) goes to this organization. The published purpose of the CAI is to teach HOAs how to function and to teach the HOA board members how to conduct HOA business.
The real purpose of the CAI (besides collect a lot of money to pay its directors) is to lobby local, state and federal governments for or against legislation that might effect HOA power over property owners (which really means spread around our HOA tax money to those politicians that will help the HOA agenda the most). Another purpose is to teach the HOA officers how to maintain control of the property owners. It's really not much different than a dictator training camp. Read about it for yourself at www.CAIonline.org
According to CAI statistics, the number of private governments, or what they call community organizations, has increased from 500 in 1965 to over 205,000 today. There are 42 million Americans living in community association controlled developments. 50% of all new development in metropolitan areas is controlled by community associations. There are 6000 to 8000 new associations created each year... I'll repeat that one... 6000 to 8000 new private governments every year.
So, what does this all mean? Private governments with no system of checks and balances, small bands of renegade dictators control more and more American lives. They make the law, enforce the law, interpret the law and decide the punishment. They answer to no one.
If you have been house hunting any time in the recent past and were looking for a home less than 10 years old, the chances of finding one not controlled by a private government is slim, particularly in southern Middle Tennessee. To live anywhere near the area you wish, you don't have much of a choice whether or not to choose one of these dictatorial neighborhoods and you certainly don't have a choice whether or not to comply with their law. Most often you don't know what your getting in to until it's too late. The guy selling you the house certainly isn't going to tell you that he was fined 5 times in the last year for leaving his trash can out 2 hours too long or had to tear down his new deck because he didn't to ask permission to build it.
More and more of us are giving up our constitutional rights every day. Sure... maybe your HOA is run by reasonable people but you have no way of knowing who will be in power next year or the year after. If it is that guy on the next block that has a Hitler complex (you know the person I mean)... your life could be turned into a living hell and then there is nothing you can do about it.

Checks and Balances?

One of the most important differences between a representative form of government and a dictatorship is a system of checks and balances. In the United States, there are three branches of government... executive, legislative and judicial. I think we all know what each does but the idea is that each one keeps the others from total power.
In the case of the HOA private government, there is no such system. The same small group of people make the law, interpret the law, enforce the law and decide the punishment.
If, for example, you get on the bad side of one of the board members he might decide that the angel staue in your front garden is outside the HOA law. He decides that you must remove the statue, pay a fine, sue you, place a lein against your property or all of the above. You appeal his decision and guess who you are appealling to... him or his buddies that decided to go after you in the first place.
In these cases, the only way to fight the issue is to take them to court. There again, the HOA has you under their thumb. The directors and officers of the HOA cannot be sued. Read your CC&Rs. They are safe from any personal liability. Also, should you end up in court against the HOA and lose the case, you are responsible for not only your legal fees and attorney fees but their's as well. Quite a gamble for most people that work hard to meet their financial obligations. You could easily be out $20 or $30 thousand very quickly and is that angel statue really worth it? Most people would decide, what the hell... just remove it... and the power of the HOA dictators goes on.... and on.
Besides, they are fighting you with an unlimited supply of money... your money by the way. Should the litigation go on into appeals and big lawyer fees accumulate, the board simply asesses the all the homeowners for more money and you are being battled in court with your own money.
There are reasons, important reasons, that our federal, state and local governments have a system of checks and balances. It prevents total power and control and as we all know... total power corrupts totally.

Private Government - be very afraid

In the coming days, weeks and months... I intend to publish true horror stories about living under a private government more commonly known as a Homeowners Association. These governments are an increasingly dangerous infringement of the rights of every citizen living inside the walls controlled by an HOA.
Why do I describe them as a private government? They make the law, known as covenants, conditons and restrictions or CC&R's. Just by living within its boundries you are subject to their law. They tax which is known as fees, dues or assessments. They provide services such as mowing common areas, maintaining fences etc. This is the definition of a government.
The danger is there is no system of checks and balances. There is no appeal to a decision of a fine or dissaproval of your home improvements. If there is an appeal process, you will find yourself in front of the same people that turned you down or fined you in the first place. The most scary thing here is that they do not even have to comply with federal, state or local laws. Your constitutional rights even come into question.
With the massive growth of these HOA controlled developments, it is extremely difficult in some parts of the country, particularly here in Williamson County Tennessee, to find a home not controlled by an HOA.
Harrasement, threats and non-judicial foreclosure are common in HOA hell. You think you own your home? Maybe you pay for it and maybe you live there but there is someone watching you that can change your way of life if they so choose.