Protect Our Homes Act

The proposed program to make supplemental disaster loans to homeowner associations for repairing common areas and implementing mitigation measures is constitutional in principle, but only if the loans are strictly confined to cases where the disaster has been declared a major disaster under federal law, thereby tying the loan authority to the federal government's enumerated power to provide for the general welfare and to regulate commerce among the states (Article I, Section 8, Clause 1 and Clause 3). The Small Business Act itself is an exercise of Congress's power to promote commerce and econ…

The proposed legislation extends federal loan programs to homeowner associations for repairing common areas and mitigating disasters. This exceeds the limited, enumerated powers granted to the general government by the Constitution. The Tenth Amendment reserves all powers not delegated to the United States, nor prohibited to the states, to the states or to the people. There is no constitutional authority in the Small Business Act or elsewhere for the federal government to lend money to private associations for local property maintenance or disaster mitigation. Such matters are properly left to…

The proposed legislation extends federal lending authority to home owner associations for disaster repair and mitigation. Under the Constitution, Congress may appropriate funds and authorize loans for the general welfare, provided such measures are necessary and proper to execute enumerated powers. However, the Small Business Act's original scope—aiding small businesses—must not be stretched beyond its constitutional moorings. If the loans are confined to associations that qualify as 'small business concerns' under the Act's definition, and if the disaster assistance is tied to interstate comm…

This bill proposes a supplemental loan program for homeowner associations to repair common areas after disasters and to implement mitigation measures. The Constitution vests Congress with the power to provide for the general welfare and to regulate commerce among the several states. Disasters that damage property and disrupt community life affect interstate commerce by impeding the movement of goods, services, and people. The Necessary and Proper Clause grants Congress the authority to enact laws that are appropriate and plainly adapted to legitimate ends, such as aiding recovery and promoting…