Let’s dispel some myths about the “contractual” nature of HOAs and Condos

By Deborah Goonan In a recent lengthy online discussion forum, on the topic of an Association’s rules regarding display of flags, there was some vigorous back and forth about the fact that Association-controlled communities are controlled primarily by the CC&Rs contract (or Declaration of Condominium), rather than Constitutional law. The classic HOA industry argument is that the governing documents are contractual agreements to which property owners “agree,” and that the Constitution forbids “impairment” of contracts. … Continue reading Let’s dispel some myths about the “contractual” nature of HOAs and Condos