10 HOA Myths
1. MYTH: The HOA attorney represents you, and will assist you in your claims of 
wrongdoing against the board. 
REALITY:  The attorney represents the HOA as reflected by the board. He defends the 
board. 
2.  MYTH: In spite of your contractual CC&Rs, your civil and fundamental rights are 
still protected by the Constitution.  
     REALITY:  As a private contract, your CC&Rs have priority over the Bill of Rights, 
unless those particular rights are so enumerated by the US Supreme Court, 
such as the Fair Housing Act.  People have the freedom to contract and can 
surrender their rights as happens, many times unexpectedly, as stated by the 
CC&Rs. 
3. MYTH: Disputes are resolved by an independent tribunal with an opportunity to 
examine witnesses and the charges.   
 REALITY:  Generally, the board issues complaints and decides the issue. 
4. MYTH: You can file a complaint with the local government for enforcement of state 
law violations by the board.    
 REALITY:  HOA disputes are treated as private disputes, and local police / attorneys do 
not get involved.  Filing a civil suit is generally required, even in the case of 
a state law violation. 
5. MYTH: If unhappy with the board, homeowners can vote the board out in any 
election as elected public officials can be voted out.   
 REALITY:  There are no protections against violations of the election process, nor 
oversight of fair elections since the incumbent board, like a corrupt political 
machine, controls the elections and hears any claims of voting irregularities. 
6. MYTH: The HOA fosters vibrant, healthy communities with the general welfare of 
the homeowners as an important goal.   
 REALITY:   HOAs are created to maintain property values, and to exercise police 
powers to regulate the use and operation of the common areas and 
amenities.  There is no equivalent Bill of Rights to protect homeowner 
fundamental rights as with public government. HOAs do not have to be fair, 
reasonable or competent. 
7. MYTH: Not actually having read, actually signed, or acknowledged the provisions 
within the CC&Rs invalidates its legality.   
 REALITY:  Just the mere posting of the CC&Rs at the county clerks office is sufficient 
to create a binding agreement when you accept your deed. 8. MYTH: As in the case of a dispute with your credit card company, in a dispute with 
your HOA you can send a certified letter to your HOA and no action can be 
taken until the dispute is resolved.   
 REALITY:  You must always make your payments regardless of any dispute. Buying in 
an HOA is equivalent to pledging your home as collateral for the timely and 
continuous payment of assessments. Your home can be foreclosed and sold 
at auction by the HOA. 
9. MYTH: The home you buy in an HOA is your private property to do and act in any 
manner as you please that is not contrary to municipal ordinances.   
 REALITY:  The CC&Rs represent a surrender of your property rights to the HOA, 
granting it broad, discretionary powers not envisioned at the time of 
purchase nor clearly stated within the CC&Rs.  
10. MYTH: As with any other contract, you are protected by the version of the CC&Rs 
in effect at the time of purchase.   
 REALITY:  The courts have upheld subsequent amendments to be binding on all 
homeowners regardless of when they bought their homes, and these 
amendments can have far reaching financial consequences beyond the 
reasonable expectations of the purchaser.   In other words, those CC&RS 
can be a meaningless piece of paper. 
This document may be freely copied and distributed only if proper credit is given Citizens for Constitutional Local 
Government.   Copyright © 2007 Citizens for Constitutional Local Government