HOAs, condos, & co-ops: Quasi-governments or ‘contractual communities’?

HOA homes sidewalk

By Deborah Goonan, Independent American Communities   In 2012, California Attorney Tyler Berding published an article on his website, Condo Issues, making his case that an association governed community is purely ‘contractual.’ In Berding’s opinion, ‘community associations’ are not governments, because, in theory, members voluntarily agree to CC&Rs and Bylaws for the good of the collective interests of all members and stakeholders. In theory, he says, homeowners can choose to amend or even terminate the Continue ReadingHOAs, condos, & co-ops: Quasi-governments or ‘contractual communities’?

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HOA laws and Free Speech, Right to Know

By Deborah Goonan, Independent American Communities Continuing with the theme of American values, let’s take a look at how various states protect, or fail to protect, rights of individuals residing in Association Governed housing. For example, is free speech protected in homeowners, condominium, and cooperative associations in the U.S.? According to Attorney Ryan Poliakoff  (FL), in the vast majority of states, it is not. New Jersey would be an exception, but Poliakoff is perfectly OK with Continue ReadingHOA laws and Free Speech, Right to Know