When I learned that Texas Attorney General Greg Abbott planned to join other attorney generals in filing a lawsuit against the federal government challenging the constitutionality of the health care reform law, HR 3590 (the Patient Protection and Affordable Care Act), my first thought was, “what about Article XVI, Section 50, of the Texas Constitution?” Why hasn’t Attorney General Greg Abbott or any Attorney General for that matter filed a lawsuit challenging the unconstitutional homeowner association foreclosures on our homesteads? Property owners in Texas, Florida, California and Arizona would love to see their attorney generals so outraged over the unconstitutionality of homeowner and property owner foreclosures that they would join other attorney generals to fight this authentic violation of homeowners’ property and constitutional rights.
It is troublesome to see that political interest in the constitution only occurs when there is a political statement to be made. Instead of wasting precious taxpayers’ money and attorney general work hours to file frivolous lawsuits against the government, it would be more productive to file a lawsuit against the greedy, self-serving developers, management companies, law firms and homeowner associations that have conspired and circled the wagon around our property and constitutional rights pertaining to ownership of our homes. Seems like the constitution only becomes meaningful when it is used to support an issue near and dear to the heart of a politician. Homeowners are looking for this same constitutional love when it pertains to issues near and dear to their hearts.
Attorney General Greg Abbott is willing to quickly file lawsuits against other perpetrators and violators of the law and is willing to engage in a lawsuit against the United States Government regarding healthcare reform that will help millions of people but he is not willing to pick up the baton and file lawsuits to help save homeowners’ homes from homeowner association foreclosures. The reason why he is not willing to do this, as he hasn’t done it so far, should be the question on everyone’s mind.
If you are not familiar with Article XVI, Section 50 of the Texas Constitution, read it. If you are familiar with it, you know that there is nothing in it that allows your local homeowner or property owner association to foreclose your property. The voters of Texas have never voted to allow it and most homeowners think the Constitution protects them from being foreclosed by an association.
What we need is an attorney general willing to protect our homesteads against unconstitutional foreclosures. We don’t need an attorney general that thinks it is okay to spend our money pursuing the constitutionality of a phantom issue when there is a real constitutional issue to pursue. Attorney General Greg Abbott, if you are reading this article, stop pursuing a dead horse and a hypocritical message and start sinking your teeth into a real, tangible issue that is strangling the homeowners in this state. Get with the attorney generals in Florida, California and Arizona and file lawsuits against the conspirators in these states that have come together and taken away the property and constitutional rights of their homeowners
There are thousands of complaints that have been filed with the attorney general offices in the four states named in this article—Texas, Florida, California and Arizona—against their homeowner association. There is absolutely no need to go find something to crusade against when you have a bona fide problem regarding foreclosures that need to be resolved and soon.
Since this is the United States, with the emphasis being placed on “United”, attorney generals across this great country of ours need to be more productive and selective about the crusades they start, especially since they are using our resources to fight a battle that we would prefer be directed toward an area in which there is no voice, no crusade, no interest in resolving—and that is unconstitutional homeowner association foreclosures.
harvellajones@yahoo.com © 2010. The National Homeowners Advocate Group, LLC. All rights reserved.
