Article. I.

The State shall guarantee, to THE PEOPLE, local governments of the democratic republic form1, and that they shall be confined to the rule of law.2 These regimes shall be based on rights. The State shall guarantee the protection of individual rights that no majority shall be able to take away. The legislative, executive, and judiciary powers shall be segregated into different departments and a system of checks and balances shall be infused into the structure, that are sufficient to ensure that no branch can become stronger than the others.3

Article. II.

No fee, charge or assessment may be imposed on property owners for services provided by ‘private’ entities — that would otherwise be public responsibilities — including, but not limited to, the provision of utility systems and services, road maintenance, lighting, security services, the provision of communications systems, police and safety services, waterway maintenance, parks, open space, swimming pools, tennis courts, golf courses, fire, ambulance or library services, where the service is available to the public at large in substantially the same manner as it is to property owners.4

Article. III.

The State shall guarantee the supremacy of the interests of THE PEOPLE that live or will live in housing developments, over the interests of those that plan, develop, build or sell services to them.

Article. IV.

The right of the people to participate in the creation of all local governments — whether labeled, classified or defined as “public” or “private” — and reserve certain rights to themselves as inalienable, shall not be abridged. No governments may be created by private businesses, or individuals, prior to the arrival of THE PEOPLE that will be governed by these governments.

Article. V.

The legislature shall make no law that permits a corporation to govern a community of citizens so as to restrict their fundamental liberties.5

Article. VI.

The legislature shall make no law that permits a person to be a judge in his or her own cause, nor a body of people to be both judges and parties at the same time.6

Article. VII.

In all prosecutions, the accused shall enjoy the right to a trial by an impartial jury of the State and district wherein the violation shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him or her; to have compulsory process for obtaining witnesses in his or her favor, and to have the Assistance of Counsel for his or her defense.7

Article. VIII.

The enumeration in this Bill, of certain rights, shall not be construed to deny or disparage others retained by the people.8

Article. IX.

The powers not delegated to homeowner associations by law, nor prohibited by it to the people, are reserved to the people.9

Article. X.

The right of the people to be secure in their homes, properties, reasonable lifestyles, privacy, and protective insulation, against unreasonable intrusion;10 to freedom from a private government’s telling them how to live their lives; to enjoy their properties; and to the assurance of a peaceful retreat from the demands of the outer world;11 shall not be violated.

Article. XI.

Neither the State, nor any local government, shall make or enforce any law which shall abridge the privileges or immunities of citizens, including, but not limited to, the privileges or immunities enumerated herein; nor shall any local government deprive any person of life, liberty, property, or the pursuit of happiness, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.12

Footnotes

1. Adapted from The United States Constitution, Article. IV., Section. 4.

2. Adapted from About the Constitution of the United States and inspired by the status quo.

3. Adapted from Federalist No. 51.

4. Adapted from the California Constitution, Article 13D, Section 6 (b) (5).

5. Adapted from Marsh v. Alabama (326 U.S. 501, 509 [1945]).

6. Adapted from Federalist No. 10.

7. Adapted from Amendment VI of The United States Constitution.

8. Adapted from Amendment IX of The United States Constitution.

9. Adapted from Amendment X of The United States Constitution.

10. Adapted from Amendment IV of The United States Constitution.

11. Adapted from California Supreme Court Justice Armand Arabian, Condos, Cats, and CC&Rs: Invasion of the Castle Common, 23 in Pepp.L.Rev. 1, 28-29 (1995).

12. Adapted from Amendment XIV of The United States Constitution.