Another problem with homeowner associations, for example, is that developers are allowed to create bills of attainder, or an empty lien against a house. These are to be used in the future in case a homeowner violates one of the rules laid out by the developer. This gives the HOA the authority to foreclose on a homeowner’s house as punishment for violating a rule, such as failure to pay assessments or fees (which cannot be claimed as taxes) or even simple infractions such as painting your house an “unauthorized color” or failing to trim your shrubs appropriately. The U.S. Constitution prohibits bills of attainder but developers create them and use them as the “law of the land” in a mini-government known as a Mandatory Homeowners Association. If this is prohibited by the Constitution then clearly HOA’s are unconstitutional.