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Here is a CAI background statement on the matter of Constitutional rights in HOAs

Community Associations Institute

www.caionline.org

Homeowner Rights and the U.S. Constitution

Contrary to conventional wisdom, Americans do not waive their constitutional rights when they move into a community association. In fact, courts have found that community association residents, by enacting reasonable rules for their own communities, are actually exercising their constitutional rights of association, contract, expression and assembly.

By purchasing homes in association-governed communities, buyers enter into constitutionally protected agreements with their neighbors that define how they want their communities to be governed and managed. In each community, buyers agree to rules that are established to (1) preserve the nature and character of the community, (2) protect property values and (3) protect the rights of homeowners.

These are not informal understandings, but contractual agreements designed to protect each owner and the community at large. U.S. courts have long recognized the right of American homeowners to enter into these private agreements.

Importantly, these protections were and are designed to prevent restrictions imposed by government. The U.S. Constitution gives community association residents the right to govern their own communities without the need to get government’s permission to adopt rules. This prerogative is at the core of individual property rights and is a tradition that dates to the very founding of our nation.

CAI—and U.S. courts—have long supported the right of elected community association boards to develop and enforce reasonable rules that govern issues like architectural modifications, yard signage, home-based businesses, flags, banners and religious symbols. Such rules are codified in associations’ official governing documents and are essential elements of the contractual agreements among all owners and between each owner and the community association.

This principle was articulated clearly by the New Jersey Supreme Court in the landmark Twin Rivers case in 2007*:

“ … Twin Rivers is a private, residential community whose residents have contractually agreed to abide by the common rules and regulations of the Association. The mutual benefit and reciprocal nature of those rules and regulations, and their enforcement, is essential to the fundamental nature of the communal living arrangement that Twin Rivers residents enjoy.”

In a free society, real and perceived “rights” often come into conflict. Debates about individual versus collective rights take place frequently in our communities, workplaces, schools, athletic organizations and even our religious institutions. Such issues can generate spirited discussion and debate, which is the cornerstone of participatory democracy. All Americans are empowered when we work together to strengthen neighborhood governance and civic participation rather than surrendering the right to neighborhood decision making to state or federal government entities.

*New Jersey Supreme Court Docket Number A-118-12-05 July 26, 2007

CAI media contact: Frank Rathbun, (703) 970-9239, [email protected]

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Ventilation is intended to remove or dilute pollutants and to control the thermal environment and humidity in buildings. It must be sufficient either to remove pollutants and humidity generated indoors or to dilute their concentrations to acceptable levels for the health and comfort of the occupants and must be sufficient to maintain the building’s integrity.

The presence of many biological agents in indoor environments is attributable to dampness and inadequate ventilation. Excess moisture on almost all indoor materials leads to growth of microbes, such as mould, fungi and bacteria, which subsequently emit spores, cells, fragments and volatile organic compounds into indoor air. Moreover, dampness initiates chemical or biological degradation of materials, which also pollute indoor air. Dampness has therefore been suggested to be strong, consistent indicator of risk of asthma and respiratory symptoms (e.g. cough and wheeze). The health risks of biological contaminants of indoor air could thus be addressed by considering dampness as the risk indicator.

Persistent dampness and microbial growth on interior surfaces and in building structures should be avoided or minimized, as they may lead to adverse health effects. Indicators of dampness and microbial growth include the presence of condensation on surfaces or in structures, visible mould, perceived mouldy odour and a history of water damage, leakage or penetration. Thorough inspection and, if necessary, appropriate measurements can be used to confirm indoor moisture and microbial growth.

Sufficient epidemiological evidence is available from studies conducted in different countries and under different climatic conditions to show that the occupants of damp or mouldy buildings, both houses and public buildings, are at increased risk of respiratory symptoms, respiratory infections and exacerbation of asthma.

Healthy indoor air is recognized as a basic right. People spend a large part of their time each day indoors: in homes, offices, schools, health care facilities, or other private or public buildings. The quality of the air they breathe in those buildings is an important determinant of their health and well-being. The inadequate control of indoor air quality therefore creates a considerable health burden. Indoor air pollution – such as from dampness and mould, chemicals and other biological agents – is a major cause of morbidity and mortality worldwide. About 1.5 million deaths each year are associated with the indoor combustion of solid fuels, the majority of which occur among women and children in low-income countries. Knowledge of indoor air quality, its health significance and the factors that cause poor quality are key to enabling action by relevant stakeholders – including building owners, developers, users and occupants – to maintain clean indoor air. Many of these actions are beyond the power of the individual building user and must be taken by public authorities through the relevant regulatory measures
concerning building design, construction and materials, and through adequate housing and occupancy policies. The criteria for what constitutes healthy indoor air quality provided by these guidelines are therefore essential to prevent disease related to indoor air pollution.

"Life, Liberty and the pursuit of Happiness" is a well-known phrase in the United States Declaration of Independence. The phrase gives three examples of the "unalienable rights" which the Declaration says has been given to all human beings by their Creator, and for which governments are created to protect. In my opinion, the Township of Spring code enforcement officer has forgotten that his job as a government official is to protect the public from harm, rather than looking at the whistleblower that is trying to the right thing for the community. Also, just because the other unit owners do not want to get involved due to potential repurcussions from the HOA and management company or because they take the path of least resistance doesn't mean that the problems of this complex should not be addressed.

As far as the Township of Spring they are not impartial because their own code enforcement officer admitted that the prior code enforcement officer did not document properly or file information related to the Township activities while that person was employed there for approximately 30 years. Would the Township want anyone to know that what they were paying for was for someone to not do his job. And there is no documentation on file regarding this buildings original construction, the fire restoration in 1999 that originated in unit "D" and effected (6-8) units, or the myriad of repairs being done throughout 2000. There are missing incident reports also which include the exterior structural west wall falling down in November of 1989.

An inquiry was made by a Pennsylvania Boca code expert specifically asking about the dryver vent buckets and after nearly a month, he responds that, "since I discovered that you have been engaged in continuing litigation in regards to this matter, I must refrain from offering any observations or comments." This should not be his concern. His concern should be the code violations, including the dryer vent buckets, that even the Township of Spring discusses in their response dated March 24, 2014.

NO ONE SHOULD HAVE TO LIVE WHERE MOLD IS PRESENT! When the mold was seen by the codes inspector during the inspection on January 8th, 2014, he said to the homeowner that they'd "always have a problem with mold"!!! REALLY??? Here are some examples of what can happen if you always have a problem with mold:

Mold Sickness and related illnesses from Mold Exposure are real. Mold has been linked to Lung Damage, Brain Damage, Cancer and even Death. The latest discovery of "Mold Fine Particulates" in our environment coupled with the associated medical documentation; prove beyond a shadow of a doubt, sickness and disease from mold exposure and exposure to Mold Fine Particulates are very real.

If Mold spores are inhaled or ingested you can become seriously ill. The longer you go undiagnosed, and untreated, the Mold will continue to grow inside your body, making you sicker with each passing day. As Mold continues to grow inside your body it produces poisons called "Mycotoxins", these poisons leach into your body day after day. Each day it is left untreated the colonies of Mold grow larger producing and releasing larger amounts of toxins into your body.

Different species of Mold produce different toxins and people will suffer a wide range of different symptoms. Mold Sickness will affect many people in many different ways and produce a variety of symptoms.

Because the variety of symptoms from mold exposure are so wide in range many physicians deem their patients to have psychological problems.

SHORT TERM MOLD SYMPTOMS:
Sneezing
Itching Skin
Redness and skin irritation
Watery Eyes
Itching Eyes
Headache

LONG TERM MOLD SYMPTOMS:
Constant Headaches
Nose Bleeds
Feelings of Constant Fatigue
Breathing Disorders
Coughing up Blood or Black looking Debris
Nausea
Diarrhea
Vomiting
Loss of Appetite
Weight Loss
Hair loss
Skin Rashes
Open Sores on the Skin
Memory Loss "Short Term"
Neurological & Nervous Disorders
Sexual Dysfunction
Swollen Glands in the Neck Area and under the Armpit
Sudden Asthma Attacks or Breathing Disorders
Ear Infections and Pain
Chronic Sinus Infections
Chronic Bronchitis
Pain in the Joints and Muscles
LATE STAGE SYMPTOMS:
Blindness
Brain Damage
Memory Loss "Long term"
Bleeding Lungs
Cancer
Death

NOW.... PLEASE TELL ME AGAIN, MR. CODES INSPECTOR..... I'M ALWAYS GOING TO HAVE A PROBLEM WITH MOLD????

In regards to the Spring Township Codes Enforcement Officer not doing his report 72 days after a preliminary inspection of the property:

This is truly outrageous that it's delay after delay when it's clear to even a 5 year old that this place is disgusting! How can you not take notes when you're at a property to do an inspection? How do you not take a multitude of pictures to document every nook and cranny and then dissect the pictures later like we did with ours? How do you not test the soil/air/water when requested to do so, even after making a joking comment about hearing the property was on contaminated land? How do you not block off the woods when requested to do so with all that debris in there, even after making a comment about hearing about an autistic child playing around there? How do you not let the other residents know about the mold in the "basement"/storage area? How do you not leave notes on the units' doors asking them to contact you if they have dryer vent buckets in use because they're harmful & illegal? How do you not get a report done in a timely manner and start the ball rolling on doing something about condemning this property?

I'll tell you why.... Because HE DOESN'T CARE! He's collecting his nice fat paycheck for his 3 job titles (which apparently he doesn't even know the job descriptions of) and just sits around on his laurels and makes excuses for not doing his job. Well, once this gets out to the media, we'll see how long he has that nice, comfy job position after everyone hears that he's collecting taxpayers' money to do ABSOLUTELY NOTHING! THIS MAN IS A DISGRACE TO THE TOWNSHIP AND THE RESIDENTS IN IT!!! How does he sleep at night knowing that all these people in there are breathing this crap in and is doing God-only-knows-what to their bodies? He needs to be called out and soon!