Comparing Homeowners’ Associations to Local Government: In Conclusion

by Deborah Goonan

This concludes the blog series  – Are Homeowner and Condo Associations “Mini-Governments?” – comparing the typical governance structure of HOAs (using the term generically) to our local governments, as guided by the principles of our Constitutional Republic.

IN CONCLUSION, Homeowners’ Associations are generally non-profit corporations that have been granted special rights and powers by state law, for the purposes of enforcing CC&Rs and collecting assessments for shared expenses. HOA rights and powers, which are typically reserved only for officially chartered governments, include rule-making, enforcing CC&Rs and rules with fines or other penalties, the right to place a lien on your home, and the right to foreclose to collect on unpaid debts owed to the HOA, among others.

Local government officials tend to regard HOAs as mini-governments, although some attorneys and trade association leaders insist that HOAs are merely businesses, despite all of their special privileges.

1. HOAs are