"Homeowner's associations are a great example of why pure democracy is a bad thing - you submit to mob rule when you choose to live somewhere with covenants like these."
"HOAs are evil..."
etc...
Oh for the
ing love of
!
OK, time for a little edumukation regarding HOAs, what they are, what they CAN be, what they don't have to be, and how they operate...
First off, in virtually every state in the US where HOAs operate, they operate in much the same manner as town and city councils, with ELECTED officers, who are elected by the constituency (i.e., the people who live in the HOA). In essence, the HOA is a representative form of government (yes, in most states HOAs can be thought of as a form of government), NOT some sort of mob rule.
Every state that I know of REQUIRES the HOA to provide prospective homeowners with copies of the covenants and regulations, financial disclosures, lists of officers, etc., that govern the HOA when an initial contract to purchase the home is signed.
In Virginia, the prospective owner has THREE DAYS to examine the documents and if he/she so desires, can cancel the sale based solely on what is in those documents with no loss of ernest money.
What town, city, township, village, or county in the US is REQUIRED, by law, to give prospective residents a copy of applicable laws and financial disclosure documentation with the right to rescind a sale?
To the best of my knowledge, NOT ONE.
State laws also spell out what HOAs can and cannot do. The Virginia HOA and Condominium Act runs roughly 100 printed pages in booklet form. It lays out, in statute form, exactly what an HOA or Condo board can do.
Regarding covenants and community regulations. These are no different than what states, cities, and towns employ. Remember, an HOA is a form of government. Yes, in many cases they're more specific that what you would find in other communities. Why? Because the community was planned from the outset. It didn't grow over time as most of the other entities did.
Now, there's a question of what HOAs cannot do. Well, the BIGGEST cannot do is force someone to live in the HOA. That right there is the biggest limiter on the HOA's power over the individual.
Don't like the laws in a state you're considering moving to? Don't move there. Same with an HOA.
I know everyone has heard the horror stories about HOAs... Board members walking around with paint chips, making sure that your house is the proper color, and doing much, much worse, essentially acting as little banana republics... How is that any different than the yelping that goes on about California? Or New York? Or Massachusetts?
The existing government has ONLY the power that the constituents ALLOW them to have! Don't like the legislature? Toss the bastards out! Don't like the HOA board? Toss the bastards out!
Yet far too often that doesn't happen.
Why?
Constituent APATHY. Most people simply can't be bothered to take an active role in their community, whether it is at the state, local, or HOA level, but they do have the energy to bitch and whine about these horrible, horrible oppressive laws under which they have to live their lives.
To that I say bull
I've been the vice president of my HOA for the past 8 years. The ONLY reason I'm still on the board is because of the absolute, intransigent apathy of the majority of the people who live in my community.
The HOA in my community is also one of the biggest reasons why over the past 4 years there has been a near DOUBLING of property values, far exceeding the rise in property values in most other areas in Fairfax County, Virginia. I bought my home for $155,000 10 years ago, given the parade of real estate agents who have barraged me with offers, I could easily sell it tomorrow for $305,000.
Simply put, this old man knew what he was getting into when he chose to move to the community.
From everything I've read on this case (and believe me, as VP of my HOA, I've seen a LOT more than a couple of sentimental, heart-jerking "cold heartless, faceless HOA vs. war hero patriot" newpaper articles) he's dictated the course of action by his adamant refusal to honor the contractual obligations that he entered into when he moved into the community.
I've got about as much sympathy for this old man as I do the gang banger who tries to knock off the local stop & shop and ends up with a .45 in his coconut and his brains leaking out his ears.
You go looking for a fight, chances are you're going to find one.