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| A ''' |
A '''homeowners association''' (sometimes '''HOA''') is an ] comprised of all ]s of units in a ], which may or may not be part of a ]. The vast majority of them are incorporated<!-- Privatopia, 142 --> and are therefore governed by a board, which is in essence a private government. <!-- Privatopia, 20 --> Other associations are informal and not forced upon residents; these are often called ]s. | ||
| Some of the ] that real estate developers build are |
Some of the ] that ] developers build are common-interest developments, a category that includes planned-unit developments of ]s, ]s, and ].<!-- Privatopia, 7 --> Before the first unit is sold in one of these developments, the developer records ]s on all of the properties. These "run with the land", meaning that all successive buyers are bound by the same covenants as the original purchaser (though some ]s require ] after 20 or more years).<!-- Privatopia, 20 --> These covenants, among other agreements, form the basis for the homeowners association. | ||
| Homeowners associations collect |
Homeowners associations collect ]s, ]s, and other assessments from homeowners, maintain the common areas of the development, and ] the association's governing documents. These may include detailed rules regarding construction and maintenance of individual homes. The common areas maintained and governed may include ], common buildings (e.g., ]s) and ]al facilities such as ]s), common ]s in ] developments, and ] such as ]s, ]es, ]s, and ]s. | ||
| Often, a homeowners association collects special assessments from all its members in addition to set fees. Assessments can be made to cover legal expenses for a judgement against the homeowners association, to repair damage from a natural disaster, or to make improvements. | Often, a homeowners association collects special assessments from all its members in addition to set fees. Assessments can be made to cover legal expenses for a judgement against the homeowners association, to repair damage from a natural disaster, or to make improvements. | ||
| In some |
In some ]s, ] or ] for instance, a homeowners association can ] a member's house without any judicial procedure in order to collect a fine. Other states, like ], require a ] ]. | ||
| Some of the responsibilities that the covenants delegate to homeowners association boards would otherwise be performed by local |
Some of the responsibilities that the covenants delegate to homeowners association boards would otherwise be performed by ]s or require private legal action under ]. | ||
| Nevertheless, only owners -- who need not be residents -- are allowed to vote in elections to choose the board. Residents of the community who are not owners (e.g., renters) do not typically receive a vote. | Nevertheless, only owners -- who need not be residents -- are allowed to vote in elections to choose the board. Residents of the community who are not owners (e.g., renters) do not typically receive a vote. | ||
| Some of the first homeowners associations in the United States were the private places, or private streets, of ]. The earliest, Benton Place, opened in 1867. In the next five decades, over one hundred of these streets were laid out in St. Louis. Many more appeared in nearby |
Some of the first homeowners associations in the United States were the private places, or private streets, of ]. The earliest, ], opened in ]. In the next five decades, over one hundred of these streets were laid out in St. Louis. Many more appeared in nearby ]s, such as ]. Under the covenants of these private places, the residents not only owned the street but the ] ]s and ] and ] ] as well. After years of decline, the places underwent a revival in the ]. Most are in the prosperous ], but a few homeowners associations were all-black, such as nearby Lewis Place, and were prosperous enclaves surrounding by blighted neighborhoods. Studies by urban planners, such as ], found that these private places were less likely to suffer from ] and other aspects of ] than the nearby public streets. | ||
| In recent decades, homeowners associations have become increasingly common in the ], exercising control over 22.1 million American homes in 2005, according to the |
In recent decades, homeowners associations have become increasingly common in the ], exercising control over 22.1 million American homes in 2005, according to the . | ||
| ==Advantages and benefits== | |||
| An association can be helpful in places where local government is somewhat lacking in its level of ] or ]s. | |||
| Associations can require the protection of ]s and other native ], such as requiring that ] and ] be done in a manner that is not harmful to the ], including both the ] and the ]s. This however is mainly limited to natural areas, such as those surrounding ] communities, as newer ]an developments typically are dense and therefore destroy most existing natural features. | |||
| Where neighborhood roads are private, an association can compel residents who share the road to pay equally for ], particularly where ] must be occasionally put down to keep up a ]. This also goes for running ]s to provide ]. Again, this is most applicable to semi-] areas, as ] (or ] and ]s) typically provide these services in urban and suburban areas. | |||
| Homeowners associations can also mount ]s to other developments in the area that are out of place or character, and threaten the enjoyment of the community. This however may cause ] within the association if some residents disagree. | |||
| ==Controversies and criticisms== | |||
| There are many criticisms of homeowners associations, most notably that they can wield the power of a government without having to submit to the ] and other ] of one. While in some sense similar to ]-related ]s, covenants often include other things that a government would never be allowed to regulate, such as the color of ]. | |||
| Associations, particularly those led by people who enjoy ] and ], may enforce covenants in a ] manner, which can exacerbate rules that are already extremely numerous and detailed. Some have been known to threaten residents for having brown ]s, even when local government has enacted a total ]. This ] means that homeowners would unavoidably be ]d either by the association or the government. | |||
| Developers often retain control of the association until most or all of the homes are sold, meaning that it is essentially a ] with no recourse. If the developer has failed to fix problems in one of its homes, the homeowner may be prohibited from speaking out, violating his or her ]. Some feel that these associations are more for the benefit of the developer than the residents. | |||
| Homeowners may be ]ized without ] or ]. They can be ]ed from their own home, which can then be sold or ]ed against their will for a fraction of its ]. This can leave the owner with a large ] but no house to live in. Besides financial ruin, this can also destroy a person's ] for years. This can happen if a person becomes ] or even ] and is ] by as little as a ]. Some associations and their ]s have initiated foreclosures for amounts due of less than 100 ]s, then adding hundreds or even thousands of dollars in late and legal fees, making it impossible for the homeowner to get out from under. | |||
| In addition, homeowners are forced to join an organization in order to have a place to live, violating their ]. While this would otherwise be ] in many countries, like the above issues it is considered part of civil law, and therefore not legally bound by the ] set forth in ]. | |||
| Other problems include selective enforcement against people of different ] or ] backgrounds, often in an attempt to force them to ] and leave. | |||
| == References == | == References == | ||
| * | * | ||
| *David T. Beito, Peter Gordon, and Alexander Tabarrok, eds., ''The Voluntary City: Choice, Community, and Civil Society,'' University of Michigan Press, ISBN 0-472-08837-8/ | *David T. Beito, Peter Gordon, and Alexander Tabarrok, eds., ''The Voluntary City: Choice, Community, and Civil Society,'' University of Michigan Press, ISBN 0-472-08837-8/ | ||
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| * | * | ||
| * AHRC: Ten Things your CCR's Won't Disclose |
* | ||
| http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/254 | |||
| ] | ] | ||
| ] | |||
| ] | |||
| ] | ] | ||
Revision as of 04:33, 25 June 2006
A homeowners association (sometimes HOA) is an organization comprised of all owners of units in a housing development, which may or may not be part of a gated community. The vast majority of them are incorporated and are therefore governed by a board, which is in essence a private government. Other associations are informal and not forced upon residents; these are often called neighborhood associations.
Some of the developments that real estate developers build are common-interest developments, a category that includes planned-unit developments of single-family homes, condominiums, and cooperative apartments. Before the first unit is sold in one of these developments, the developer records restrictive covenants on all of the properties. These "run with the land", meaning that all successive buyers are bound by the same covenants as the original purchaser (though some jurisdictions require renewal after 20 or more years). These covenants, among other agreements, form the basis for the homeowners association.
Homeowners associations collect fees, fines, and other assessments from homeowners, maintain the common areas of the development, and enforce the association's governing documents. These may include detailed rules regarding construction and maintenance of individual homes. The common areas maintained and governed may include landscaping, common buildings (e.g., clubhouses) and recreational facilities such as swimming pools), common walls in attached housing developments, and infrastructure such as streets, mailboxes, sidewalks, and parking lots.
Often, a homeowners association collects special assessments from all its members in addition to set fees. Assessments can be made to cover legal expenses for a judgement against the homeowners association, to repair damage from a natural disaster, or to make improvements.
In some U.S. states, California or Texas for instance, a homeowners association can foreclose a member's house without any judicial procedure in order to collect a fine. Other states, like Florida, require a judicial hearing.
Some of the responsibilities that the covenants delegate to homeowners association boards would otherwise be performed by local governments or require private legal action under civil law.
Nevertheless, only owners -- who need not be residents -- are allowed to vote in elections to choose the board. Residents of the community who are not owners (e.g., renters) do not typically receive a vote.
Some of the first homeowners associations in the United States were the private places, or private streets, of St. Louis, Missouri. The earliest, Benton Place, opened in 1867. In the next five decades, over one hundred of these streets were laid out in St. Louis. Many more appeared in nearby suburbs, such as University City, Missouri. Under the covenants of these private places, the residents not only owned the street but the utility easements and sewer and water mains as well. After years of decline, the places underwent a revival in the 1960s. Most are in the prosperous Central West End, but a few homeowners associations were all-black, such as nearby Lewis Place, and were prosperous enclaves surrounding by blighted neighborhoods. Studies by urban planners, such as Oscar Newman, found that these private places were less likely to suffer from crime and other aspects of urban decay than the nearby public streets.
In recent decades, homeowners associations have become increasingly common in the United States, exercising control over 22.1 million American homes in 2005, according to the Community Associations Institute.
Advantages and benefits
An association can be helpful in places where local government is somewhat lacking in its level of regulation or services.
Associations can require the protection of trees and other native vegetation, such as requiring that landscaping and construction be done in a manner that is not harmful to the environment, including both the ecology and the neighbors. This however is mainly limited to natural areas, such as those surrounding resort communities, as newer suburban developments typically are dense and therefore destroy most existing natural features.
Where neighborhood roads are private, an association can compel residents who share the road to pay equally for maintenance, particularly where crusher run must be occasionally put down to keep up a gravel road. This also goes for running wells to provide drinking water. Again, this is most applicable to semi-rural areas, as municipalities (or counties and townships) typically provide these services in urban and suburban areas.
Homeowners associations can also mount legal challenges to other developments in the area that are out of place or character, and threaten the enjoyment of the community. This however may cause conflict within the association if some residents disagree.
Controversies and criticisms
There are many criticisms of homeowners associations, most notably that they can wield the power of a government without having to submit to the checks and balances and other responsibilities of one. While in some sense similar to zoning-related laws, covenants often include other things that a government would never be allowed to regulate, such as the color of windowblinds.
Associations, particularly those led by people who enjoy power and control, may enforce covenants in a pedantic manner, which can exacerbate rules that are already extremely numerous and detailed. Some have been known to threaten residents for having brown lawns, even when local government has enacted a total outdoor water-use ban. This caveat means that homeowners would unavoidably be fined either by the association or the government.
Developers often retain control of the association until most or all of the homes are sold, meaning that it is essentially a dictatorship with no recourse. If the developer has failed to fix problems in one of its homes, the homeowner may be prohibited from speaking out, violating his or her freedom of speech. Some feel that these associations are more for the benefit of the developer than the residents.
Homeowners may be victimized without due process or appeal. They can be evicted from their own home, which can then be sold or auctioned against their will for a fraction of its market value. This can leave the owner with a large mortgage but no house to live in. Besides financial ruin, this can also destroy a person's credit score for years. This can happen if a person becomes unemployed or even terminally ill and is late by as little as a month. Some associations and their lawyers have initiated foreclosures for amounts due of less than 100 U.S. dollars, then adding hundreds or even thousands of dollars in late and legal fees, making it impossible for the homeowner to get out from under.
In addition, homeowners are forced to join an organization in order to have a place to live, violating their freedom of association. While this would otherwise be unconstitutional in many countries, like the above issues it is considered part of civil law, and therefore not legally bound by the morals set forth in constitutional law.
Other problems include selective enforcement against people of different ethnic or religious backgrounds, often in an attempt to force them to sell and leave.
References
- David T. Beito, Peter Gordon, and Alexander Tabarrok, eds., The Voluntary City: Choice, Community, and Civil Society, University of Michigan Press, ISBN 0-472-08837-8/
- Evan McKenzie, Privatopia: Homeowner Associations and the Rise of Residential Private Governments, Yale University Press, ISBN 0-300-06638-4
- New York Times article, "Homeowner Boards Blur Line of Who Rules Roost" by Motoko Rich July 27, 2003