Fourteenth Amendment-Declaration of US and State citizenship- Must become part of all of NC HOA’s CCR’s to protect the rights of Homeowners is notifying all homeowners that under a NC HOA their fourteenth amendment rights are under attack and at risk. Accordingly, we are proposing that the following, be urged as a bill, by all HOA Homeowners.
This would be accomplished by convening the Legislature, in the state of North Carolina, requiring a mandatory statement confirming HOA member citizenship, to read as follows:
With the understanding that the association, as a private entity and not a subdivision of the state, and as a de facto, but unrecognized private government, is not subject to the restrictions and prohibitions of the Fourteenth Amendment, to the US Constitution, that otherwise protects the rights of the people against actions by public government entities;
And, that the governing documents, in all legal practicality, serve as the subdivision’s constitution, taking precedence over state laws and over the state and US Constitutions unless specifically denied by any such laws or legal precedence;
The members of the association, therefore, having not waived or surrendered their rights, freedoms, privileges and immunities, as citizens of the United States, under Section 1 of the Fourteenth Amendment, and as citizens of the state within which they reside, the CC&Rs or Declaration for any planned community, condominium association or homeowners association shall state that, or be amended to comply, as follows:
The association hereby waivers and surrenders any rights or claims it may have under law and herewith unconditionally and irrevocably agrees 1) to be bound by the US and State Constitutions, and laws of the State within which it is located, as if it were a subdivision of the state and a local public government entity, and 2) that constitutional law shall prevail as the supreme law of the land including over conflicting laws and legal doctrines of equitable servitudes.
Furthermore, any governing documents of an association not in compliance with the above shall be deemed amended to be in compliance, and notwithstanding the provisions of any law to the contrary, a homeowners’ association shall be deemed to have amended its governing documents to be in compliance.