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Subcomandante wrote:
by ruling like this and
> most certainly this ruling will be used for small association as well.
No, it won't.
> The issue of free speech is fundamental constitutional right which the
> HOA Bolsheviks tried to quash. More people are forced to live in the HOA
> by city, county mandate more they have to provide constitutional rights.
And this goes back to the point of some of my original posts from when
I first joined this group. In order to ensure free speech inside most
HOAs we need a court ruling that focuses on the fact that the HOA is a
quasi-governmental entity specifically because it's formation was
required by an actual governmental entity.
Otherwise HOAs that are formed voluntarily under the constitutional
right of association will be lumped in with those that are mandated and
they are two fundamentally different organizations.
Currently if me, and a bunch of my buddies, get together and buy some
property out in the middle of nowhere Texas because we hate the
American flag and we never want to see one again, we cannot
contractually agree not to fly one or sell our property to someone who
would fly one because it would be in violation of State law. Clearly
that is as much a violation of my rights as forcing me to live in an
association is.
So while I'm against government mandated HOAs and feel that they
should be bound by all the requirements of a governmental body, and I
am strongly in favor of my right to associate as provided by the first,
fifth an fourteenth amendments.
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Re: Courts rule HOA is a shadow government !!!!
