Local Governance Systems

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.

Let me offer something from here:

Special-purpose local governments

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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.

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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.

American governance is like an onion. Lots of layers.

Stealers Wheel said:

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.

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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?

Allow me to let the HOA reference by Stealer Wheel [@Stealer Wheel] to go beyond just the U.S., with a copy of a paragraph from here:

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.

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. . Note: References [2], [3], [4] are applied to this excerpt.

That point in the paragraph that compares the Candian HOA to the ones in the U.S. is interesting.

And it seems we could benefit from a homeowner in Massachusetts helping us and that Wiki's article, although that isn't me purpose for citing that excerpt. I was focused on the reference to provincial law in Canada and the HOAs.

And, yes, eman623 [@eman623] that is very true about the law --- many, many layers.

Peter said:

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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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.

Peter said:

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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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.

Stealers Wheel said:

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?

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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.

medi said:

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.

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They seem like a bunch of busyboddies who's sole aim is to pry into others life and make everyone the same.

How dare you paint your fence a slightly different shade or have a car we don't like, that's a HOA fine.

Stealers Wheel said:

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.

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I have zero objection to being a good neighbour and sticking to basic rules.

What I object to is HOA's who seem to think they're the actual law and demand obedience from people outside the HOA.
If you want to live with a bunch of wierdos who love nothing more than sueing you for owning a car they don't like or having things in the garden they don't like then fine.

These small groups think they have some kind of power and can just call the police on people for not following rules they set.

Peter said:

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.

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Because of the flag you show, Peter, I went looking and, so far, I have this:


As I didn't see any reference to any HOA I went here:


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.

medi said:

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 compensation

www.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.

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We don't have them as far as I know.
I've never met anyone in one.

The nearest we have is places with communal gardens for flats around a central garden but I'm pretty sure that would count as screwing a communal garden seems pointless to everyone.

Next door is free to do whatever they like within the planning laws that just prevent additions like extensions and stuff.

Expanding this aspect of local governance into that which is the law in other nations is difficult, but very interesting. Could even be that culture enters into the equation. Very, very interesting.

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:

company-owned towns

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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".)

medi said:

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".)

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Here is a list that may help your research: Company towns in the US

AliHajiSheik said:

Here is a list that may help your research: Company towns in the US

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Thank you for posting the link.

medi said:

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)

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It would be a very difficult mission to explain local government in the United States, as it comes in so many varieties and with great differences between States.

Just to start out, you would have to differentiate between Dillon's Rule States and Cooley Doctrine States. Dillon's Rule states that local governments are creations of the State and have only those powers that the State chooses to grant. The Cooley Doctrine states that localities have inherent self rule power emanating from the people that live within them.

Dillon's Rule is currently dominant, but the Cooley Doctrine (home rule) has made substantial inroads.

But beyond that, there are endless variations of forms of local government in the United States. The five basic types:

Town meeting.
Strong mayor/council.
Weak mayor/council.
Council/Manager.
Commission. (True commission form is relatively rare and most "commission" governments are simply council/manager under a different name.)

But even then, many local variations occur.

And, as has been mentioned, you have quasi-governmental HOA's, which generally govern individual neighborhoods, but which, in Master Planned Communities, can effectively act as a municipal government. Viera, Florida and The Villages, Florida are prime examples of this.

The bottom line is that this OP could potentially cover a lot of ground, as there are so many local government histories to tell.

medi said:

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".)

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I actually live within an hour of several former company owned towns in West Virginia. In a couple of cases, the old "Company Store" is still intact, though for the most part, these towns are long dead.

Peter said:

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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As somebody who personally despises HOAs and would never live in one.

If a group of private property owners agreed to the covenants that authorize the HOA and vote to keep the HOA operational, that is their private property right to do so, just as it is my right NOT to buy into such a community.

I live HOA free by choice.

Some people choose to live in HOAs.

It is a free choice.