Surviving Homeowner Associations
Description:... The Pros and Cons of Privately Incorporated Communities Governed by Homeowners' Associations Pros
Planned communities governed by Homeowner Associations usually feature attractive combinations of well-designed homes, amenities, and landscaped open spaces. The houses may even cost less than traditional housing due to more efficient use of land and more volunteer support by residents.
Cons
Numerous documented abuses of property owners have occurred particularly in the sun belt states causing financial loss, depression, divorce, suicide--in one case, even murder. Infringement on personal rights and civil liberties are usually not justifiable.
State government agencies should investigate and exercise control when abuses are reported against property owners; they authorized these privately incorporated entities but have failed to provide oversight and protection to the residents. State leaders have not passed significant legislation to regulate but have yielded to for-profit interests.
Courts could adjudicate that citizens residing in Planned Unit Developments have full Constitutional rights but, because of the private property contract language, have not so ruled. Homeowner associations should be recognized as Quasi-Governmental entities and issues of democratic governance actively addressed. Recent actions indicate that neither state legislatures nor the courts have the inclination and courage to make necessary changes to protect the rights of titleholders. Political Action Committees and big money are in control of the process. Of this, you can be assured.
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