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Old 06-06-2003, 08:20 PM
paghat
 
Posts: n/a
Default garden police gone wild?

In article , "Vox Humana"
wrote:

"paghat" wrote in message
news

. Homeowner Associations are
semi-independently governed entities which, if they do not accept
government funding of the HUD sort, do not have to follow
antidiscrimination laws.


That is completely and utterly false. I challenge you to cite a single
instance where a homeowner's association implemented a discriminatory policy
that was upheld in a state or federal court.

Don't pretend to be such an ass (at least, i HOPE yr pretendin' out of a
marvelously perverse desire to reveal Homeowner Assoication advocates as
mental deficients incapable of learning anything factual).

Cuz if you'd pay attention, i ALREADY posted information on SPECIFIC cases
for Texas & California that are right now in the courts. What I posted is
absolutely factual & easily checked if you even cared, especially as I
gave the names of senators working on the issue & names of recent victims
of STANDARD homeowner association racist intent & purpose & how the law
still permits this. Follow the thread back & read the one you refusedto
read, or pretend now not to have read, or just laugh & happily admit
you're a redneck with a head thicker than granite.

The right & privilge under law of your precious Homeowners Association to
be racist today, as they always have been in the past, is SLOWLY being
eroded & whittled away thanks to the legislating efforts of people like
Senators Inouye & Nakano, but so far the restrictions remain pretty
slight. Really you should aprise yourself of the facts instead of the junk
you believe instead, or you'll wake up tomorrow finding out you FINALLY do
not have power over other peoples lives, whether cuz they're ******s or
cuz you think they shouldn't have a basketball hoop.

Since your attention-span is so short & you request this information be
provided twice in a row, out of unwarranted kindness I will repost below
the useful information already provided. If you STILL don't wish to gain
the least knowledge of these matters, fine, just don't keep asking for the
information if you seriously enjoy keeping your head in the sand.

-paghat

--------


Vox previously asserted with fugheaded wrongness:
Most of what your wrote is a complete fabrication. Here is the applicable
federal law. The complete statue can be found at:
http://www.usdoj.gov/crt/housing/title8.htm
Sec. 804. [42 U.S.C. 3604] Discrimination in sale or rental of housing and
other prohibited practices


You're just so dead wrong. The loopholes require first that no government
funds be involved in building these private communities or restoring
buildings within these communities. Incorporated housing enclaves run by
Homeowner Associations, cooperative apartment buildings, just like private
clubs, have all been dragged into court REPEATEDLY, & their right to be
bigots has always been upheld. These communities would not exist
otherwise; there is no other sensible reason to be an incoporated
self-governing housing project since city, state, or county zoning laws
would be more than adequate for all matters other than permitting
discrimination.

Though communities with racist covenants go back to the late 1800s or
earlier, Homeowner Associations really only began to take hold in America
in a major way in the 1960s & early 1970s when there was no longer any
question but that Civil Rights was making it harder for bigots to have
their way, & covenants alone might no longer keep the ******s out.

The founding father of Homeowner Associations was California real estate
tycoon Ole Hanson, a racist of the first water (not the same Ole Hanson
who was Seattle's only fascist mayor early of the last century, though
both Oles were profoundly racist). Saint Ole composed charters of
incorporation that were pure venom. Assisted by his bought & paid for
congressional connections, he saw to the establishment of laws that made
his Whites Only idea of Utopia legal even in the post-Civil Rights era, &
it remains legal to this day.

Saint Ole's charters & deeds provided that homes within a given enclave
could never (into perpetuity) be sold to any Hindu, Negro, Asian, or
other racial minority. He's THE great hero of the Homeowner Association
movement -- there are "good" Homeowner Associations the same way there are
"good" Christian Patriots enclaves -- NOT! Ole set the model, & that model
has never changed. He's as close to Evil as any Norwegian American ever
got, yet he gets to have an elementary school named for him, & Richard
Nixon was pleased to live in in Ole's first no-minorities-allowed project
WHICH TO THIS DAY is an extensive whity neighborhood in California keeping
out the ******s spics & gooks, though the government has between 1998 &
2003 begun to harrass them over it at long last.

Over time Ole's overt racism has become submerged; it's not likely that
any Homeowners Association still puts right in their charter "no ******s
need apply" as Ole did, because in 1966 the Supreme Court made racist
statements in covenants illegal (though no one enforced that until 1998, &
enforcement was tepid). The spirit of racism remains even when covenants &
charters are not as overt as Saint Ole's original versions. Racism is
still the primary reason such enclaves feel it necessary to incorporate in
the manner of private clubs. with added features of independent village
government. Without the overtly stated racist covenants which were once
standard, a Homeowners Association COULD make the specific choice to
become an integrated neighborhood, but the recent example in San Clemente
with Ole's original racist experiment STILL behaving like white upper
class variants of trailer trash Ku Klux Klan members, well, it's clear
that the spirit behind the invention of Homeowners Associations still runs
profoundly deep, & it is NOT a coincidence 99% of them are to this day
lilywhite -- including, no doubt, the one Vox lives in.

Though the Supreme Court theoretically knocked down the overtly racist
covenants in 1966, the covenants somehow managed to remain broadly in
effect until 1999! The first legislation against them in California was
that year, but it didn't actually outlaw racist covenants, rather, it gave
legisislative authority to a method by which homeowners who were NOT
racist could ask that such wording be removed from charters & covenants, &
when the Associations refused (they invariably refused) they could be
sued; so it made the racist language of the covenants riskier to preserve.

This is why the majority of the "harassment" that a few Homeowners
Associations have finally been experiencing of late (with either federal
or county governments taking actions against their standard racist
policies) have been post-1998, & nearly all the attempts to change the
racist norm of Homeowners Associations are still being worked out in long
court battles right now.

Another tepid law was sponsored by Senator George Nakano & got through in
2000 -- though it makes the CONVENANTS illegal (rather than their
continuing spirit which is legally kept active), even that limited
illegality takes effect only if there is HUD or other government funding
entering the racist enclave. If there is government funding, even the most
outrageous racist covenant is legal right now (but subject to suit by
members thanks to the 1999 legislation).

Most Homeowner Associations don't feel the need to have the strong racist
wording in order to behave the same as ever; they're satisfied to have the
continuing right to be bigots, because who needs HUD anyway.

What California starts, other states follow, & presently the same
challenges are happening in Texas, Florida, etc., but most states
(including yours apparently) don't yet even have anyone looking at
covenants & older charters, let alone at "mere" policies that "just
happen" to work out in a manner that'd please the KKK.

It would be nice if I fabricated all that as you so misguidedly suppose,
but you clearly need to do some REAL research rather than cutting &
pasting an inapplicable law you found too hastily with a google search
without knowing squat beforehand.

For three years now, the Civil Rights Commission on Hate Crimes has been
attempting to get Homeowner Association standard policies defined as Hate
Crimes so they can be prosecuted more successfully (since the law you
cited does not apply, & more recent legislation has had thus far a limited
impact). So far, the Commission has failed, as in case you haven't noticed
government has tilted back toward the "ideals" of pre-Civil Rights
America.

Yet the law does now move in occasionally in the most overt cases where an
"inappropriate" race managed to buy into one of those enclaves &
Association members begin terror campaigns, such as were undertaken by the
Palacio del Mar Homeowners Association in California against one elderly
Malaysian woman. I'm being very specific here; the Palacio de Mar
situation is fundamental to understanding why HOAs exist & how they
continue to this day to operate.

That HOA waged a ten-year campaign against the Malaysian woman -- & that
whole time the Association never had to contend with any other
"inappropriate" races as there "coincidentally" were no other successful
buyers from any minority community (in a part of California with a very
high percentage of Asian, Latino, & Black people). Their tactics against
that one woman included arranging to have streetside watering devices left
on 24 hours a day, aimed up the hillside at her home, & when that didn't
annoy her sufficiently, they intentionally broke a water main near her
house creating a geyser. Then when the sewer pipe mysteriously broke near
her home, the Homeowners Association informed her hell would freeze over
before it would get fixed.

After TEN YEARS of the police refusing to help this elderly Malaysian
woman, some good activists got wind of her situation & made her a bit of a
media celebrity, & that's when other immigrants & also gays & lesbians
poured out of the woodwork with their complaints about housing
discrimination by Homeowner Associations that had left would-be buyers no
legal way to get justice. And if such unwanted persons did manage to sneak
into the housing anyway, the harassments forced them out. But one brave
old Malaysian gal wasn't going to cave in!

Eventually the HOA's mischief caused the ground under her house to move &
the house still sits 12 inches off its foundation. All this while, by
night, curse words & the command "MOVE!" were spraypainted on her house --
repeatedly. When on the television news she called the Association a pack
of racketeers, they set their lawyers on her with a baseless but for her
costly civil suits.

And so at long last entered the California Attorney General who attempted
to prosecute the gang of attorneys the Association AS racketeers, since
they had indeed been hired to harass the only non-white home owner in that
lilywhite community by any means they could drum up. The state attorney
general has since been attempting to find ways to prosecute hate crime
behavior is because one cannot use Section 804 because Section 804 does
not apply under the laws & methods of establishing a Homeowner Association
run as private corporation, which like a private club can be as racist as
it desires to be & be so legally. The commission on Hate Crimes & the
California attorney general wouldn't've had to get "creative" attempting
to stop Homeowners Associations' racism if the normative
antidiscrimination laws applied; but they do not apply to private clubs,
incorporated housing enclaves, or limited equity coops, which are
permitted to be racist or agist or anything they please.

Palacio del Mar is a big & influential Homeowner Association which was
historically proud of its political pull, but by our new millennium they
are at long long last beginning at least to experience some few
repercussions for their brand of legal racism. If there were any
non-racists in the whole damned community, not a one ever came forward to
even hint that the decade of harassment to get rid of the only gook in the
neighborhood served no good purpose for anyone. TO DATE, NOTHING HAS
CHANGED except that it is now better known that "Homeowners Association"
is synonymous with racism. Congressman Inouye said that public education
was necessary, because the law was just not providing the corrections. So
here I am doing what Inouye said to do -- NOT fabricating as you so
wrongly accuse in your insistance on remaining ignorant. These are the
facts. DEAL with them rather than deny them.

Curiously, today that there ARE all-Latino Homeowner Associations in some
of the nicest areas outside of L.A., & suddenly (wouldn'tya know it) a few
white people have come forward to fight for change in laws that for the
last fifty years have permitted whites to be as racist as they please if
they can orchestrate their housing districts legally as semi-independent
private governments. For the first time there are nice places to live
white people cannot own & all of a sudden these old laws are unfair! Well,
they're right, they are unfair, but they thought it was fine for all the
decades it served only whites.

There is nothing unique about the extreme & venomous racism of the Palacio
del Mar Homeowners Association. It is standard. The government has gone
after HOAs only rarely, & only then for the most egregious cases where the
policies were either written into incorporation documents, charters, or
covenants, or when the Associations committed physical hate crimes against
persons & property to get unwanted persons to leave the Association's
territory.

If such Associations make even a moderate effort to keep their heads down
while misbehaving, then whatever their excuse -- that they're a Christian
community therefore no Jews, that they're an Elderly community therefore
no women of childbearing age nor even any grandchildren as residents, that
they're an Patriot Aryan community therefore none of those really nice
black people are allowed but they are sure welcome to have their own Black
Homeowners Association if they want.

Now you might argue (as Homeowner Associations argue) that we should all
have the RIGHT to gang together in neighborhoods with people of our own
kind & do everything possible to make sure we don't have to live in
integrated communities. But you, instead, argue that reality doesn't even
exist! It is your method that permitted a 1966 Supreme Court decision to
not be pursued by corrective legislation until 1999! That makes you worse
than the overt racists, who are at least easier to spot when they burn
crosses or attempt to destroy an Asian woman's home to be rid of her.

So I hope you'll now question & look into it seriously, rather than
kneejerkedly deny even the clearest parts of reality.

Obviously many people involve themselves in their Homeowner Association
never thinking about these issues, & may not be individually racist, but
by living in De Nile, & refusing to notice what is going on all around
them, they are nothing more than High Fivin' participants in an ongoing
racist situation.

So now & then the government is pressured to attempt to do something about
it, as in a Houston Homeowner Association lorded over by an intensely
racist conservative named Geneva Brooks. Since a Homeowners Association's
"right" to be bigoted is the reason such Associations exist, the
government couldn't go after her on the basis of housing discrimination
which is legal in the context of a privately incorporated neighborhood.

George Bush when governor had signed a law into effect that permitted
Homeowner Associations to foreclose on houses over missed payments or
fines as small as one penny --the purpose of which was to assist these
Associations in getting rid of Mexicans & Blacks on the flimsiest basis.
But some years later (right now in fact) that law leapt up to bite the
Association in the ass, when the county seat decided to get "clever" in
attempting to make it at least unpleasant (though legal) for HOAs to
perpetuate bigotry.

The county began citing Kirk on dozens of minor housing infractions &
dragging her into court on any pretext (much as HOAs had been doing to the
targetted & usually minority residents). Then the county struck out to
foreclose on her home inside the racist housing development, making an
example of her, all on the basis of unpaid legal bills & fines, using the
very same law that the HOA lobbyists had fought for so that they could
more easily harass unwanted races or religions or gays out of their
enclaves.

Had section 804 applied to Homeowner Associations, it would not have been
necessary to go after these miscreants by such roundabout means.

The majority of Homeowner Associations aren't so overt. They are only
"coincidentally" lilywhite. The middleclass honky rednecks that buy into
such communities pretend NEVER to take into consideration the happiness
they are about to feel when they buy into a HOA enclave where they can be
pretty sure they'd never have to live next door to hymies or gooks or
******s.

Anyone who hasn't heard of retirement housing projects wherein
grandparents signed away any privilege to have a grandchild live with
them, has been closing their eyes. Anyone who hasn't noticed the lack of
Jews or Blacks in the majority of these HOA enclaves, is playing the See
No Evil Hear No Evil game on themselves, hence are part of that evil.

Case law includes a woman who bought into a "no children allowed"
community who later became pregnant, was informed she had to sell her home
now that she had a child, WON her court case, & induced all such enclaves
thereafter to discriminate (legally!) against women of childbearing age so
that this wouldn't happen again. Clubs & housing enclaves that ban
minorities can & do continue to maintain bigoted policies on the basis of
race, religion, & gender -- & if they receive no funding such as that from
HUD, their racism & discriminatory policies is perfectly legal.

There are a few (damned few) Homeowner Associations around the United
States which, knowing the origin, & ashamed of the origin, have actively
issued periodic statements that their private communities do not support
the racist desires that birthed these enclaves, & they seek to become
integrated neighborhoods. More common, though, is Vox's sort of denial
which itself helps preserve the honky nature of a HOA governed
neighborhood.

None of this applies to the kind of Neighborhood Watch or Neighborhood
Action Committee which do not have the force of laws of incorporation
behind them. Real neighborhood committees tend to unite for more
reasonable reasons (like getting rid of a crack house) but when they do
get bizarro & start becoming the garden police as well, they cannot arrive
armed with a piece of paper in which the targetted homeowner "voluntarily"
signed away their own property rights. And if THESE people did become
racistly motivated, antidiscrimination laws would tear them down.
Curiously, such Neighborhood Associations, & their neighborhoods, tend
always to be nicely integrated. It is only incorporated Homeowner
Association neighborhoods that are lilywhite & racist, because they would
never have become incorporated in the first place if they didn't want to
"get back" the right to be active racists.

My own experience with one of these Associations was was when Granny
Artemis & I were home hunting. The Homeowners Association first turned us
down because they did not permit women of childbearing age (we must've
looked younger than we are). We assured them we had no desire to become
lesbian mothers. Their eyes got big & round & they said they didn't permit
homosexuals. I was at that time ignorant of the fact that Homeowners
Associations hvae the legal right to be actively racist, agist, &
homophobic, & can indeed deny housing on discriminatory bases. I spoke to
an attorney, & was apprised of the legal realities, those people can be as
racist as they please, because Yes Virginia, incorporated communities of
that sort CAN ban faggots, dykes, ******s, jews, & anyone they please.

From then on we were careful to find out who our neighbors were. We found
a great neighborhood of Edwardian houses with great neighbors including
many gays, straights, blacks, asians, indians, & whites all living happily
together, with several interracial families right here on our block,
including white & East Indian immediately next door & white & Chinese
immediately across the street. I now count myself lucky those racist
munchmonkey Homeowners Association people rejected us for being dykes. It
would've been absolute hell if we'd accidentally ended up in a Klan-like
neighborhood with only white people! As Vox exemplifies, communities
without diversity breed people without depth, knowledge, or awareness.

If you want NOT to get caught up in the future claiming people are
"fabricators" when they know a heck of a lot more than you have as yet
bothered to learn, you might look into this a bit deeper. If YOUR
Neighborhood Association has managed to orchestrate a fully integrated
neighborhood, good for them. They'd be the less than one out of a hundred.
But if your neighborhood is lilywhite & the best you can do is cite
Section 804 as proof that reality doesn't exist for you, then shame,
shame, shame on you.

What you should do instead of keeping your head in the sand is invite the
NAACP to address your Homeowners Association. They have an active & polite
approach to educating what amounts to White Homeowners Associations,
attempting not to alienate on the off chance that some of you are good
people who just need your hard-won unconsciousness turned into awakening.

-paghat the ratgirl

--
"Of what are you afraid, my child?" inquired the kindly teacher.
"Oh, sir! The flowers, they are wild," replied the timid creature.
-from Peter Newell's "Wild Flowers"
See the Garden of Paghat the Ratgirl: http://www.paghat.com/