< < < truncated > > >Special-purpose local governments
Additionally, U.S. courts have ruled that there are smaller areas which are to be considered as fulfilling government functions, and should therefore be bound by the same restrictions placed on "traditional" local government bodies. These include homeowners associations (determined in Shelley v. Kraemer, Loren v. Sasser, Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Association), and company-owned towns (both for employees and for consumers, decided in the USSC case Marsh v. Alabama in 1946). Many homeowners' and neighborhood associations are considered non-profit organizations, but have the ability to raise taxes or fees, fine members for infractions against association-rules, and initiate lawsuits. The question of civil rights in such communities has not yet been conclusively determined, and varies from state to state.
As far a homeowners associations go, every owner receives a copy of the HOA CCRs BEFORE they close on their property. They spell out what is and is not allowed. If the purchaser buys the property, they have to agree to the rules BEFOREHAND.
Further, as a property owner, one is automatically a voting member of the HOA and can campaign with other homeowners to change the rules. They are not set in stone.
And enforcement of HOA rules is not discretionary. HOAs have lost court cases where it was demonstrated that the rules (like flag flying) were selectively enforced, imposed on some owners and not on others. An HOA rule that is not enforced uniformly is not a rule but merely a suggestion, and has no standing in court.
. . Note: References [2], [3], [4] are applied to this excerpt.Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations varies from state to state; some states, such as Florida and California (see Davis–Stirling), have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law.[original research?] Homeowners associations are commonly found in residential developments since the passage of the Davis–Stirling Common Interest Development Act in 1985. In Canada, homeowner associations are subject to stringent provincial regulations and are thus quite rare compared to the United States. However in recent decades, HOA's have infrequently been created in new subdivision developments in Alberta and Ontario.
I don't understand why the land of the free allows HOA's to exist.
Many HOA's threaten and just take property from people not in the HOA who have no wish to be in the HOA.
If I lived next to a HOA I'd tell them to get stuffed and that they have no power over me.
They're filled with people who think they can order people to do things and make proclomations about the houses others live in.
Just why?
HOAs exist because many people do not want someone living close to them that trash their own property and in doing so, lower the property resale values of others in the neighborhood. Why is that hard to understand? For most people, a home is a major investment. Why shouldn't they be allowed to form an association of like-minded people who unite to protect their investments?I don't understand why the land of the free allows HOA's to exist.
Many HOA's threaten and just take property from people not in the HOA who have no wish to be in the HOA.
If I lived next to a HOA I'd tell them to get stuffed and that they have no power over me.
They're filled with people who think they can order people to do things and make proclomations about the houses others live in.
Just why?
HOAs exist because many people do not want someone living close to them that trash their own property and in doing so, lower the property resale values of others in the neighborhood. Why is that hard to understand?
This post is mighty interesting. I had not given this aspect of this area of discussion any thought. This is worthy of some homework at my end. Thank you.
HOAs exist because many people do not want someone living close to them that trash their own property and in doing so, lower the property resale values of others in the neighborhood. Why is that hard to understand? For most people, a home is a major investment. Why shouldn't they be allowed to form an association of like-minded people who unite to protect their investments?
Again, nobody is forced to join a HOA. But in HOA communities, you are not eligible to purchase unless you agree to the HOA terms.
Even communities without HOAs still have CCRs that they have to live by. The local and state governments can tell you what you can and cannot do with a residential home. You have to modify according to building codes and regulations. Often you are prohibited from running high traffic commercial businesses out of your home. You can't alter the property in such a way that it creates an encumbrance on a neighbor's property. You can't hold noisy parties at all hours of the night on your property.
When lots of people live close to one another, accomodations and compromises need to be made for the benefit of all. That is the goal of CCRs and HOAs.
Mainly because many of them become overbearing assholes who seem determined to spread missery and demad conformaty.
They seem filled with the type who take the smallest smattering of power and expect to be treated like unquestionable monarchs and threaten legal action at the drop of a hat.
Everything I've ever seen about them makes me dislike them and yes, what I do with my property is my business.
Again if I bought a house next to a HOA i'd make sure they know I'm not a member and have no intention of ever joining.
This seems to enrage many of them and they will start acting as if my not joining is some kind of crime and that's why I object to their existance.
Because of the flag you show, Peter, I went looking and, so far, I have this:
Buying and owning a property - GOV.UK
Includes buying and selling your home, home ownership schemes, mortgages and compensationwww.gov.uk
As I didn't see any reference to any HOA I went here:
First Homes scheme: first-time buyer's guide
How the First Homes scheme works, who is eligible, how to apply and the rules for managing a First Homes property after you buy one.www.gov.uk
And I still didn't see any reference to an HOA.
I did see a lot of commercial legal links for the UK on the Google search engine, but stuck with the government links.
company-owned towns
Here is a list that may help your research: Company towns in the USNot to take away from the ongoing discussion about the HOA system in the U.S., or possibly other nations, I was very interested in this that is within that paragraph I copied into a post above:
I'm wondering if anyone here has lived in such a community? Or possibly even "close" to such a community? Like a company "dominated" community? (Obviously, I am substituting "community" for "town".)
Here is a list that may help your research: Company towns in the US
I am interested in local governing institutions anyone has become familiar with throughout your lives (lives of members here) and anything anyone may have learned about the history of local governments of the United States or its territories.
And I want to be sure it is clear that "governance systems" is much broader in scope than what many might think as only being city hall, town hall, county seat.
(snipped)
Not to take away from the ongoing discussion about the HOA system in the U.S., or possibly other nations, I was very interested in this that is within that paragraph I copied into a post above:
I'm wondering if anyone here has lived in such a community? Or possibly even "close" to such a community? Like a company "dominated" community? (Obviously, I am substituting "community" for "town".)
I don't understand why the land of the free allows HOA's to exist.
Many HOA's threaten and just take property from people not in the HOA who have no wish to be in the HOA.
If I lived next to a HOA I'd tell them to get stuffed and that they have no power over me.
They're filled with people who think they can order people to do things and make proclomations about the houses others live in.
Just why?
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