🔎Findings

Notice: The content on this site is for informational purposes only and should not be interpreted as legal advice.

Buying a defective product that undermines the Constitution and individual rights. (July 16th, 2025)

On July 4th, we should re-read The Constitution and The Declaration of Independence to reflect upon them. The custom of most of us is to have a great barbeque and shoot off some fireworks without reading through them. We must be able to comprehend the true nature of law as the people, but sadly foundational law is not taught in school. We have to take into account the Commandments, Ecclesiastical law, Common Law, Contract Law, Fallacies for statistics and logical decisions, Declaration of Independence, The Constitution, and others to make a just decision. We are just suppressing symptoms and fixing immediate problems instead of going to the source of the problem and fixing it. The journey means just as much as the end result as we may be hurting others along the way by creating more problems.

"Nothing is a crime as long as the majority agrees that it is legal — but legality does not equal justice." - My past self (3 seconds ago)

Keep my quote in mind while reading this post as appeal to legal fallacy and bandwagon fallacy need to be taken into account.

Omne trium perfectum – everything that comes in threes is perfect

A Latin phrase above, we have the legislative, judicial, and executive branches to create perfection to make law but right now it seems we are unifying all three branches which centralizes power. On top of that, we are damaging relationships in this neighborhood, and we need unbias authority outside to not create any hard feelings. The original intent of HOAs in its creation was to discriminate (just look it up), though there were bandaids to fix some of this for this legal structure instead of scrapping it and starting over from the beginning with a new intent. Below I will point out the defects from a more lawful and logical perspective with principles to keep in mind. Free will is not really free will if there are less choices, less education in the right areas, and egos that hinder the human being affecting one's choices. We must perfect ourselves in mind, body, and soul ( Omne trium perfectum) to truly comprehend what problems are external and what problems are internal.

Ecclesiastical/Canon Law

• Thou shalt not covet thy neighbor's possessions...

  • Even if its the majority's decision, coveting (the desire to control) individual's property is bullying, what happens if the majority has a hivemind mentality? Groupthink, intimidation from multiple people, very similar education, and bandwagon fallacies are factors to consider and occurs in everyday life. One should not have drama at their own home.

• Thou shalt not bear false witness against thy neighbor.

  • Lieing about having power and sending notices where one does not have power, is unjust and intimidation. I already listened to a couple of cases that happened here already. Hearing about a couple of people that had to get lawyers to defend against the HOA, I mean seriously?

• The Constitution

  • 1st Amendment

    • They can ban signs, religious displays, flags.

  • 4th Amendment

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."

• An HOA inspecting your yard, asking for access to your home, or taking photos of your property is not a constitutional violation, because they are not the federal government.

5th Amendment

• Undermines proper due process when doing liens, notices, and foreclosure

  "...nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation."

Declaration of Independence

"...that they are endowed by their Creator with certain unalienable Rights..."

"...That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government..."

"The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world."

"...He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:..."

• HOA is foreign jurisdiction that does not regard the constitution and barely any acknowledgement by our laws. We have learned nothing in history and keep repeating the same mistakes. Its just shape shifted into another form but the essence is there.

"Private Government"

• Even though its not a completely "private government" as the State can create laws to control their powers, the bills are not in place to be law. Why do they need to make it law if people keep buying into an HOA? (See Consent below)
• The Constitution does not apply or it can be overriden in a "private government" (anyone ever heard of non-disclosure agreements, any Amendment can be overriden if one waives their rights).

Civic Responsibility

• The city and developers created this problem to offload responsibility from themselves and we still pay big property taxes. Here is a example of why this is wrong, lets say we are both employees in a company and we work together, I decided to give you all of my work and responsibilities to you without any extra compensation and I still receive the same amount of pay but you consented to it which makes this alright. On top of that, you now have to deal with more corporate politics and rules that the drama employees made up which could be considered implicit dictatorship since there is less free will (dilemma fallacy). Now you can't just quit your position easily if you don't like how the corporation is heading. It's fine if we all consented to an HOA from the beginning of this subdivision but its kind of a bait & switch at this point even if 67% of people voted for it. The 33% then have to put up with it and moving is not an easy task. The ones that do consent to an HOA, should have just moved into a mandatory HOA in the first place. It's kind of similar of where a foreign group is kicking out or changing the laws of the natives of their own nation.

Consent

• Buy a defective product (Consent) and one supports the defective product which waives all defects in the product.

• More of these products will keep being produced and the government will not fix them. The bills will not be passed as there is no reason in capitalism. Why use time and resources to fix a product that is still being bought?

• The majority is not always right and one must stay protected in their domicile/residence. One's rights of property and body must be protected at all cost. Our individual rights must be kept.

  • Most people have not been trained in law (Contract law, Ecclesiastical law, Common law, and etc.).

  • Bandwagon fallacy and groupthink.

  • Turning this into a place of corporate politics instead of a neighborhood.

  • Usually the only recourse is to get a lawyer in HOA disputes.

  • Intimidation by a "higher power" which happened to a few people in this neighborhood already which includes us.

  • Salem Witch Trials, Flat Earth, Smoking in the 1900s was approved by doctors (even expert get things wrong), Crucifixion of Christ, etc. are just a few examples of why individuals at some level must be protected.

  • Seven Major Sins/Weaknesses/Egos (feeding the egos makes for a worse society, we need better principles, morals, and ethics to fix the root problem not using control to supress the symptoms): greed, gluttony, pride, lust, envy, wrath, sloth are the deadly sins that need to be reflected upon deeply.

  • Arrogance Board members act like rulers, not servants. They ignore homeowners’ input or refuse to admit mistakes.

  • Favoritism Rules are enforced selectively (e.g., “Thou shalt not covet” → someone enforces rules because they envy a neighbor’s home/garden/freedom).

  • False authority The HOA imposes rules beyond what the covenants allow, often stemming from prideful assumptions of control (happened to a few of us already).

• Stewardship "The earth is the Lord’s, and everything in it.” — Psalm 24:1"

• Flock Security Camera Issue

  • Adhesion contract (where one party has more bargaining power over the other). The issue with Flock is that they have the power to update their terms and conditions so today it might be benign but tomorrow it may bite like a snake. They may change the contract to undermine privacy and start mining our data such as our faces, voices, and etc. Leading to create fake evidence against us one day with Artifical Intelligence. This is a real problem in the law and technical worlds. Also if we do not like the agreement later then we wasted money on their proprietary cameras and system.

  • "You should not have to worry if you are not a criminal."

    • If someone followed you everywhere: recording your voice, taking pictures of you (your face), knows your daily routes, etc. what would that be called? Stalking, Legal Stalking... I guess that isn't a crime if they are legally doing it? (Appeal to legal fallacy)

  1.3. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website/Flock Product and Your continued use of the Website/Flock Product, and/or the Services (as defined below) constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website/Flock Product. https://support.flock.com/hc/en-us/articles/115004287093-Flock-Terms-Of-Use?utm_source=chatgpt.com#:~:text=1.3.%20We,Website/Flock%20Product.

  1.5. We reserve the right to make changes to this Privacy Policy at any time. Any such modifications will become effective immediately upon posting to the Website or the Flock Suite and continued use of the Flock Suite constitutes agreement to such modifications. You agree to periodically review the current version of the Privacy Policy as posted on the Website. We will notify you of material changes in advance by email or by notice when you log in to the Sites and Services or both. - https://support.flock.com/hc/en-us/articles/115004312874-Flock-Privacy-Policy#:~:text=1.5.%20We,Services%20or%20both.

• Fixing the problems which may take around a year:

  • Replace the Flock Camera System with a private community based version as we would have more control over the data and agreements. If there is a warrant from the police, we can hand over the data. The HOA does that now but Flock may change their minds on the contracts and the control of the data. Their network is all over the United States which is creating a monopoly and could be a trojan horse once they are established in every place they have in mind. Plus it will be cheaper to create our own private system, I estimate around $1200 per year if we go the SIM card route (using the mobile companies network). If we do a neighbor's wifi route, it could be estimated around $600 per year running our own servers/equipment.

  • Beautification project? This used to be a cow pasture and if we need to then organic fertilizer can be found in farms at whole sale prices. If we use chemical fertilizer, we are creating plants that are druggies essentially or on steroids. At first it will bring great results but in the long term it will degrade everything around them (hurting worms and other wildlife) and become dependent on their "drugs". If someone used steroids they get fast results but their health degrades overtime.

  • Watering System? Plants don't need as much water as we think they do. Their roots will grow deeper and be more resilient, the less frequently we water them. Plus this is a humid climate and it rains almost every week. If we start having a drought, just water them manually during landscaping time...

  • Landscaping? Riding a mower and trimming the bushes is not a big deal to take care of the common areas which even I would take responsibility for. Removes landscaping bill.

  • Lights? We could use solar panels, earth batteries (the earth is a repository of electrons), crystal batteries (piezoelectric effect), and etc. We could also just turn on our front porch lights until everything has been implemented. Electricity bill diminished.

  • Neighbor not cutting their yard issue?

    • The city takes care of that if it grows too long through notice and plus growing them long sometimes is actually good since the grass will have a deeper root system and aerates the soil. If the neighbor is in a bad situation that they cannot cut their own grass during the meantime, offer to cut it.

  • AirBnB issue and short term rentals? Get them banned on every website listed with the house, have stricter laws on the upper levels, have cameras setup for gathering evidence of crimes, 2nd Amendment. I mean it rarely occurs in our neighborhood, trying to put on a Orthopedic cast where a bandaid could fix the issue, essentially we're over-engineering for this problem. In programming we have a saying,

  ...You wanted a banana but what you got was a gorilla holding the banana and the entire jungle. —Joe Armstrong

  • Chicken Allergy issue? Disclaimer: I am not a doctor and this is for educational pruposes only. Allergy issues can be fixed, I'm one of those cases. I used to have peanut allergies, lactose issues and GERD. I fixed it through fasting, in the Bible Jesus fasted for 40 days and 40 nights and I have done 21 days with just water (of course use discretion and research before performing and using electrolytes in the water), and NOT eating stuff that has "natural flavors" (natural is not really natural), citric acid, soybean/canola/vegetable oil, etc. The more toxic the body is from eating fast food and junk ingredients, the more it will think the ingredients or materials are the enemy (auto-immune issues). If the eggs you have been eating the whole time was cage free or free range, they don't get fed like normal chickens that are pasture raised. They eat junk and not their normal diet which fattens them up. Remember garbage input is garbage output. The body must be treated like a temple. Its kind of like people have the idea that salt is bad. If one eats table salt it contains anti-caking agents which a line of Morton Salt has Yellow prussiate of soda (YPS) aka Sodium ferrocyanide.

  "The ferrocyanides are less toxic than many salts of cyanide, because they tend not to release free cyanide.[3] However, like all ferrocyanide salt solutions, addition of an acid or exposure to UV light can result in the production of hydrogen cyanide gas, which is extremely toxic.[4][5]" - https://en.wikipedia.org/wiki/Sodium_ferrocyanide

  Our stomach acid can make it toxic and UV light coming from the sun can make this type of salt toxic.

  We blame the salt and sun but we don't blame what we put in our bodies. Anyway, if I had an allergy issue, I would be getting a lot of aloe vera and snake plants for filtration since they are easy to take care of, clean the place, transmute my emotions (emotions are a form of energy and can be a powerful force internally), and start healing my body through intermittent fasting and cleaning up my diet (acquiring food from a local farm or garden instead of the grocery store for better nutritional value).

  It is each man's or woman's responsibility to learn to fix their own internal problems/conflicts and to not involve legal entities to fix that problem where it is not needed (the allergy in this case). If we prayed to God, a doctor, or any other entity to fix our health problems then we learned to become beggars and repeat the same mistakes. Its a hard pill to swallow but most of the time our worst enemy is looking right in the mirror looking for a quick fix or someone else to fix it for us.

  Give a man a fish, and he'll remain a beggar; teach him to fish, and he walks free. - Me playing with a quote.

More legal battle findings (May 29, 2025)

These are recent articles, 2024-2025. I was told HOAs cannot bully from a neighbor here and there are checks & balances. Well, the videos and articles says otherwise. There is also the HOA Bill of Rights in Florida to limit their authority but how enforceable it is, is questionable. If an HOA loses in a legal battle then who covers their losses? Would it be the HOA members? The legal structure is messed up in its current state. What should have happened is this, it should have been an HOA or a non-HOA community from the beginning and recorded in stone permanently.

https://www.atlantanewsfirst.com/2025/05/19/hoa-pay-georgia-homeowner-40k-settlement-after-she-sued-them-lien-her-home/

More than two million Georgians live in communities with homeowners associations. Their purpose is to handle community upkeep and issues, but they also have a lot of power over homes. A metro Atlanta real estate attorney who deals with hundreds of HOA disputes each year said if residents don’t get a private attorney involved early in the dispute, then fees can rack up that result in liens.

To the anonymous member who keeps harassing us. (May 23, 2025)

For the first notice even if Phase D affected us which Tim nulled and void, there are many defenses such as other people having trailers in this subdivision; when in Rome do as the Romans do. It's the same idea applied to the vinyle fences and selective enforcement is bad practice. For the camper, delayed enforcement for years can be taken into account, and who makes the legal determination that a vehicle is inoperable or not? Are you judging that a vehicle is inoperable based on the "cover of the book"? The people in Phase D may use that in their defense but I do disclaim any liability herein.

For the flyer, you cannot even put a name or return address. How cowardly and hypocritical is that after saying I cannot put a name to a flyer, that you have to hide behind Tim and the HOA? At the beginning, you had a backing vs someone who was in a fog of war (figuratively until after reading the security deed, bylaws, warranty deed, and the covenants). You do know renewing the covenants doesn't mean everything in law right and one has to take account which lots are affected by covenant? We know the covenants have been re-newed, based on the first post I made in findings, which is a sucker punch since it is supposed to expire in 20 years. There are a lot of variables to take into account such as delayed and selective enforcement. We found out the beautification project cost a lot more than initially estimated from Tim (other people check with Tim again about the estimation), so transparency on the site was very low for that and in the HOA meeting. The only thing I got wrong was the yard of the month being sponsored which I apologize but you initially doing legal harassment with the first notice from the beginning which is not right either to get your way. No matter if the HOA does become mandatory or not, you have represented the HOA in a bad light, and you cannot even take responsibility for your actions and made us think it was Tim. By the way my dad is a 22 year veteran who approved the last paragraph so it is not completely invalid. Not being a pushover is something most people need to practice or else what is the point of having rights? We think we know who you are based off the handwriting and speaking to you in the HOA meeting.

For the City of Valdosta requests that you made, we know our neighbors well enough that they would not stoop to such tactics. Lying about us making noise and running a business at home, "Thou shalt not bear false witness against thy neighbor" is something to reflect on. We know our adjacent neighbors.

Why Home Value statistics may be skewed in HOA claims about values increasing 4%-6%? (May 21, 2025)

Questions to ask yourself:

• Were the homes just placed by the developer in hotspot locations and decided to add HOAs there?
• Did the tax assessors or any other entity decide the home values went up but not the consumers?
• Did the consumer have any choice in the matter because of location?
• Who created the studies and what are their biases?
• Are we comparing very low income neighborhoods vs. middle class and upper class who can make improvements to their houses easily?
• How long do the values stay up overtime or do they level out at the end or decline?

Citation: Robertson, L. 2019. ‘Correlation of Homeowners Associations and Inferior Property Value Appreciation.’ Critical Housing Analysis 6 (1): 42-50. https://doi.org/10.13060/23362839.2019.6.1.455

The correlation of homeowners’ association membership with sales price at a given time does not address the question of whether or not homeowners’ association rule enforcement influences the change in price from the time the house was bought until it was sold. Meltzer and Cheung (2014) studied home prices in all Florida homeowners associations and found that price premiums were highest for new homeowners associations but lower the older the homeowner association. This suggests that the premium is associated more with the newness of the house than its location in a homeowner association. Higher house prices associated with homeowners association neighbourhoods could also occur because the developers placed their developments in more desirable locations or included aesthetic or other features desirable to potential buyers that may not be adequately controlled statistically in the mentioned studies.

I do not like statistics as there are too many variables at play and biases.

Title 44 Chapter 3 Article 6 (May 3rd, 2025)

O.C.G.A. § 44-3-227 Incorporation as prerequisite to submission to article; requirements as to corporate documents; board of directors.

(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words “homeowners,” “property owners,” “community,” “club,” or “association” and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term “member” shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner.

O.C.G.A. § 44-3-221 Definitions

O.C.G.A. § 44-3-231 Powers and duties of association; legal actions against agent or employee of association.

(c) The association shall have the power to amend the instrument, the articles of incorporation, and the bylaws of the association in such respects as may be required to conform to mandatory provisions of this article or of any other applicable law without a vote of the lot owners.

Original HOA Memorandum for Renewal of Covenants April 25, 2025

Statute of Limitations. April 22, 2025

9-3-24. Actions on simple written contracts; exceptions.

O.C.G.A. § 9-3-24

9-3-24. Actions on simple written contracts; exceptions. All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11.

Statute of limitation applies to breach of written contract. — Six-year statute of limitation applied to the homeowners’ claim asserting a breach of written contract; to the extent that the complaint alleged breach of an implied contract such claim would be subject to the four-year statute of limitation. Gropper v. STO Corp., 250 Ga. App. 820, 552 S.E.2d 118, 2001 Ga. App. LEXIS 795 (2001), cert. denied, No. S01C1747, 2002 Ga. LEXIS 541 (Ga. June 21, 2002), cert. denied, No. S01C1790, 2002 Ga. LEXIS 542 (Ga. June 21, 2002).

9-3-29. Breach of restrictive covenant.

O.C.G.A. § 9-3-29

(a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line.

If the fee becomes mandatory, who will be able to set the fee in the future? April 16, 2025

The dues of this organizaiton shall be $ 100.00 for all members the first year, and thereafter, shall be set by the Board of Directors. - Article Ten of Original Bylaws

Rights to consider. April 16, 2025

Your Rights as Homeowners: Understanding HOA Rule Enforcement If your HOA is suddenly trying to enforce rules that haven't been acted on in years, you may have strong legal grounds to push back. Here are four key legal concepts that can protect you:

1. Laches "They waited too long." If the HOA knew about violations (like parked campers, trailers, or boats) and didn’t enforce the rules for years, they may have forfeited the right to enforce them now. Courts generally don’t support delayed enforcement that catches people off guard.
2. Waiver "They gave it up." If the HOA regularly ignored similar violations in the neighborhood, it may have essentially waived its right to enforce those restrictions in the future. Consistent inaction speaks volumes.
3. Estoppel "You relied on their silence." If homeowners reasonably believed that certain uses were allowed (because the HOA never objected), and made decisions based on that assumption, the HOA may be legally blocked from enforcing those rules now.
4. Grandfather Clause "You were there before enforcement began." If you've had a camper, trailer, or other restricted item stored outside for years with no complaints, you may be 'grandfathered in' and exempt from new or renewed enforcement actions.

Membership and are Dues Mandatory or Voluntary? April 1, 2025

"Membership in this organization shall be open to all who are homeowners or property owners and who are current with all dues and assessments charged by the Corporation." That sounds voluntary to become a member of the HOA. It did not say like, "Membership applies to homeowners or property owners in this subdivision."

Now if one conducts themselves to be a member of the organization such as paying dues or signing one of their documents, the by-laws may apply to you like an employee following company policies.

Covenant Renewal and Termination April 1, 2025

44-5-60. Effect of zoning laws; covenants and scenic easements for use of public; renewal of certain covenants; costs.

O.C.G.A. § 44-5-60

(d) (1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots shall automatically be renewed beyond the period provided for in subsection (b) of this Code section unless terminated as provided in this subsection. Each such renewal shall be for an additional 20 year period, and there shall be no limit on the number of times such covenants shall be renewed. (2) To terminate a covenant as provided in paragraph (1) of this subsection, at least 51 percent of the persons owning plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be terminated, which may be incorporated by reference to another recorded document. By signing such document, each such person shall verify that he or she is a record owner of property affected by the covenant. Such document shall be recorded in the office of the clerk of the superior court of the county where the land is located no sooner than but within two years prior to the expiration of the initial 20 year period or any subsequent 20 year period. The clerk of the superior court shall index the document under the name of each record owner appearing in the document.