The purpose of this blog is to inform and educate readers about the economic and political realities of living in Common Interest Developments (CIDs), particularly Association Governed Housing communities (Mandatory Homeowners’, Condominium, Cooperative, or Property Owners’ Associations) as well as Master Planned Communities established as Special Tax Districts.
Articles cover current events, legislative and political news analysis, market trends, and consumer protection perspectives for home buyers, homeowners, tenants, and other interested parties.
CID- HOA issues go far beyond the sometimes crazy covenants, restrictions, and rules. At issue is how we govern and manage our communities, and the value we place on individual rights.
Independent American Communities documents harm to housing consumers and taxpayers, based upon two erroneous but widely believed concepts: that CIDs and HOAs protect property values, and that the common interest community model somehow saves local governments money.
About Homeowners’ Associations (HOAs)
Nearly one in five Americans resides in Association Governed Housing, over 67 million people. Over the past 5 decades, local governments have created land use policies that strongly favor or require establishment of Association-Governed Residential, Common Interest Developments (CIDs). As a result, most new development is burdened by a set of covenants, conditions and restrictions (CC&Rs). Common ownership also exposes consumers, especially homeowners, to numerous financial risks.
The governance model of HOAs is almost always corporate, resulting in a privatized form of local governance directly affecting individual property rights, Civil Rights, and civil liberties of its owners and residents.
Generically known as HOAs, planned or private communities come in all shapes and sizes: detached and attached single family homes, low-rise and high-rise condominiums, converted apartment buildings or historical structures, townhouses or “twin” homes, and villas. Some HOA communities combine several different housing types within one Large Scale Association or Development District.
While HOAs can vary in size from a few homes to many thousands of homes, they share certain characteristics:
- Portions of the property within the community – green space, interior and exterior common spaces, common use building structures, recreational amenities such as pools or sports facilities – must be maintained with funds collected from every member of the Association.
- Most HOAs established in the past 3 decades require mandatory payment of assessments to cover costs to insure, maintain, repair, and make future improvements to common property of the Association. Owners are also jointly responsible for defending all legal and financial interests of the HOA, with authority vested in a board of directors/trustees.
- Upon purchase, owners are legally bound to abide by all Covenants, Conditions, and Restrictions (CC&Rs) or Declarations of Condominium that were in effect at the time of purchase, as well as any future changes to those legal documents, including Board-enacted Rules and Regulations.
- The Board of an Association has broad authority to enforce all terms of the CC&Rs, Rules, and Regulations. The Board also has substantial authority and fiduciary duty to manage the financial resources and ongoing operation of the Association.
- Association-Governed and Common Interest Developments are almost always created of, by, and for a Developer, who appoints the Board of Directors during construction phases. A developer or affiliated party may retain full or partial control over the community for several years or decades, depending on the organizational structure of the association and/or special district(s), if any, subject to state law.
- The Association-Governed Community is usually established as a non-profit, not-for-profit, or mutual benefit corporation, with governance principles based on a corporate model rather than principles of the U.S. democratic republic. Some Associations are set up as corporations with commercial enterprises that operate for profit.
- As construction nears completion, control should gradually transition to a volunteer, elected Board of Directors, governed under the same Developer-created CC&Rs and corporate ByLaws. For the most part, volunteer leaders are not legally required to possess relevant leadership, financial, or management skills in order to serve on the Board of an Association.
About Deborah Goonan
I am the Administrator of Independent American Communities blog, and a Housing Consumer Advocate, exposing residential real estate corruption & educating consumers in search of the American Dream.
I believe that:
US housing policies must restore and uphold private property rights and civil rights and liberties for housing consumers.
Governance of communities must be open and transparent.
Consumers – including buyers as well as property owners and shareholders – should be entitled to full disclosure of the obligations and risks of Association-Governed Housing and Special Districts that govern residential communities.
U.S. consumers and taxpayers deserve a diversity of neighborhood choice – including non-HOA, non-CID housing.
Housing policy must ensure safe, healthy living environments, the utmost respect for individual rights, and stable, long-term affordability for all U.S. residents, no matter where they choose to live.
Disclaimer: Opinion, analysis, and information provided on Independent American Communities is NOT intended to be legal advice. This site is not intended to provide specific advice related to personal issues with your HOA. Please consult a qualified professional, such as an attorney, if you are having a problem with your HOA.
Please know that I am NOT an attorney, and that no information provided on the site or in communications with readers is to be construed as legal advice.
As a member of the independent media, my mission is to educate housing consumers and bring broad public awareness to the serious issues surrounding Common Interest Development and Association Governance of housing communities.