Friday, August 7, 2009
I have created a group on the social networking site Facebook, titled "Not My HOA", to help raise awareness of issues involving homeowners associations, whether they be legal, philosophical, political, or emotional testimonials.
From my research and own experience, I believe that homeowners associations violate the very principles this nation was founded upon, and have been allowed to perpetuate because of the belief that they operate as a democratic institution that ensures your property value, when in reality, homeowners associations evolved from developers intent to develop, manage and sell a development of homes. This is why covenants and restrictions mention transfer of the association to the homeowners from the developer once a certain number or percentage of homes have been sold. The developer extends their arm of control over those who purchased their property by using an association, but must transfer operation to the homeowners to exit involvement with the created neighborhood. This is the origin of such covenants that dictate home colors, foliage, and parking.
What's left is an association of homeowners continuing the developer's goals. Of course the developer would promote the belief that associations raise property value because this would benefit their sales model. If ownership in an association was perceived to lower property values, homeowners would shun such developers and the developer would lose money on their investment. I equate the initial creation of the HOA as "pumping and dumping" stocks, which is a form of fraud that artificially inflates the price of the stock so that the one selling it can reap a tremendous profit before the true value can be determined.
Unfortunately, developers have been allowed to get away with this practice, and now homeowners associations have spread across America to be quite common. HOAs have become living, breathing entities and must now fight for survival, just as you or I must, and so the myth that associations boost property values continues.
Posted by Kevin at 7:50 PM
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We need to inflict DEMOCRACY upon all Mandatory HOAs. When the developer "turns the neighborhood over to the homeowners" a vote should be made on the question of "to have a mandatory HOA or not to have a mandatory HOA". The automatic renewal/continuation of the developer-created rules creates a fascist form of governance. This fact should be used to challenge the validity of contracts that all Mandatory HOAs are based on, as this violates the right to a "republican form of government". The will of the people should be polled (in a secret ballot vote!) and a petition should be required whereby at least the majority sign the agreement when the Developer "turns it over to the homeowners". IF the rules say that 66% are required to change/modify the rules, then that percentage should be the minimum required to agree to renew the authority.ReplyDelete
We live under a Fascist Occupation - they've taken our homes and our lifestyle into this form of governance by MANUFACTURED CONSENT, and it is FRAUD and DECEPTION by the mechanized industrial tyranny machine (AKA Community Associations Institute) with people like TX Senator John Carona behind it.
I hate when HOA supporters tout the democratic process of HOAs. The system is more like a bastardization of representative government, allowing a minority to elect inept volunteers and powermongers to govern your property rights.ReplyDelete
Most don't even know the laws they are supposed to follow and they usually shop around until a lawyer interprets the law the way they want...
Consider Sand Lake Hills (my favorite example). They want to collect money from every homeowner, regardless of membership. Florida law requires meetings to be open to both homeowners and members. Their response is to deny entry to non-members because they interpret the law to mean homeowners who are members.
Mandatory associations should be banned, allowing the homeowner the choice of entering into such an arrangement, rather than a percentage of their neighbors deciding for them.