Right to Own
If you look behind the Irony Curtain, you will see that the same folks who adamantly support "Right to Work" adamantly oppose "Right to Own".
Summary : “Right to Work” laws
• prohibit contracts that require mandatory membership in a labor union as a condition of employment.
A “Right to Own” your own home law would
• prohibit contracts that require mandatory membership in a homeowners association as a condition of home ownership.
Unlike the Colorado Democrats’ agenda to create a new out-of-court H.O.A. dispute resolution agency under the administration of the Department of Regulatory Agencies (DORA) — an idea that has already failed in other states and would require 20 more employees and cost over $ 2 million per year — the cost of “Right to Own” would be zero.
A Man’s Home Is His Castle
Colorado Homeowners Protection Act
Right To Own
In Colorado Revised Statutes, add Article X to Title X as follows:
I. Prohibited Activities. (1) Any party shall not require any person, as a condition of home ownership or the continuation of home ownership, to
(a) become or remain a member of a homeowners association
(b) pay dues, fees, assessments, or other sums of money to a homeowners association,
(c) pay to a charity or other third party an amount equivalent to, or a pro rata portion of, dues, fees, assessments or other charges prohibited in Subsection (1)(b) of this Section in lieu of requiring payment to a homeowners association.
II. Void Agreements. (1) A written or oral agreement, understanding, or practice, expressed or implied, between a homeowners association and any party that violates the rights of homeowners as guaranteed by this Article is void.
III. Penalty. (1) Any person who, directly or indirectly, violates this Article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one thousand dollars, by imprisonment in the county jail for not more than ninety days, or by both fine and imprisonment for each offense.
IV. Civil Remedies. (1) Any person injured as a result of a violation or threatened violation of this Article may bring suit in a court of competent jurisdiction for injunctive relief; to recover all damages, including costs and reasonable attorney fees, resulting from the violation or threatened violation, or both.
(2) The remedies provided by this Section are independent of, and in addition to, any other penalty or remedy established by this Article.
V. Investigation of Complaints - Prosecution of Violations. (1) The Attorney General or the District Attorney in each Judicial District in which a violation is alleged shall investigate a complaint of a violation or threatened violation of this Article, prosecute any person in violation of this Article, and take actions necessary to ensure effective enforcement of this Article.
The language of “Right to Own” is taken directly from the following “Right to Work” bills introduced and supported by Colorado Republicans :
• 2012 Colo. SB12-100
• 2013 Colo. HB13-1106
• 2013 Colo. SB13-024
• 2014 Colo. HB14-1098
• 2014 Colo. SB14-113
• 2015 Colo. HB15-1076
• 2016 Colo. SB16-070
• 2017 Colo. SB17-055
• 2018 Colo. HB18-1030
• 2019 Colo. HB19-1101
• 2020 Colo. HB20-1169
• 2021 Colo. HB21-1049
which in turn are based on the American Legislative Exchange Council’s (ALEC) model “Right to Work” legislation. So any opposition to “Right to Own” based on the “no governent interference in private contracts” argument can be dismissed.
HOAs yes or no?
Libertarian anarchists often cite property associations as a potential type of private polity that could play the part of a micro-government. But HOAs as they exist now are just a hideous menace!
So what is the difference?
Anarchists envision a small polity, comprised of a set of properties in a neighborhood, as providing some form security, justice, and roads to all those within the association. These are real services with value.
By contrast, HOAs now all exist within a state that has a government that claims the monopoly authority to provide those things. So what is left for an HOA to do?
Nothing much of value, really. They just take your money and, in exchange, tell you what color your mailbox must be. No thank you.
And even if one were to have an anarcho-libertarian-envisioned property association, people would still need to retain the right to exit, just as we ought to have the right to exit/secede from any government. (See below, from my Human Constitution. https://christophercook.substack.com/p/human-constitution)
So yes, I support the concept behind @RobertRadacansky's right to own.
Section 2
FRAMEWORK RIGHTS
Derived from the RIGHTS and precepts heretofore identified, and resting on the essential pillars of PEACE, CONSENT, SELF-OWNERSHIP, and SELF-GOVERNANCE, this FRAMEWORK recognizes and necessitates the following set of RIGHTS.
Notwithstanding any impediments to the full realization and enjoyment of these RIGHTS,
EACH and every human PERSON has, and must be allowed to enjoy,
I. THE RIGHT TO ESTABLISH
To create, own, and maintain—in any unowned or privately owned physical or virtual space—any consensual system of social or political organization (POLITY); to administer said POLITY according to any chosen set of rules or principles; and to solicit, offer, and encourage, or to reject and refuse, voluntary participation or MEMBERSHIP therein.
II. THE RIGHT TO JOIN
To choose voluntarily to become a MEMBER of a POLITY by mutual consent and agreement with the REPRESENTATIVES of such POLITY.
III. THE RIGHT TO EXIT
To discontinue any association or MEMBERSHIP with any POLITY (provided that all previous voluntary contractual obligations are satisfied); and to depart, unhindered, from the territory or control of any POLITY or GOVERNMENT.
IV. THE RIGHT TO SECEDE
To discontinue, unilaterally and without hindrance, any association with, allegiance to, or subjection by any GOVERNMENT, and to ESTABLISH, unhindered, any new POLITY on any private or unowned land; or to remove one’s property from the ambit of any POLITY, provided that previous voluntary contractual obligations are met.
V. THE RIGHT TO REMAIN
To remain unmolested on one’s own property without being subjected to any GOVERNMENT or required to join any POLITY; and to make private, voluntary arrangements for security, justice, or any other desirable SERVICES.