[hoa] Re: When Homeowners Associations Go Too Far

  • From: Cynthia Stephens <cynthiastphns@xxxxxxxxx>
  • To: hoa@xxxxxxxxxxxxx
  • Date: Thu, 14 May 2015 09:03:04 -0400

Thank you.

On Wed, May 13, 2015 at 11:59 PM, Robert @ Colorado HOA <
robert@xxxxxxxxxxxxxxx> wrote:

Somehow, I missed this when it was published last year. I just came
across it while searching for something else, and haven't had a chance
to read it yet. But it looks interesting.


http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2539179

When Homeowners Associations Go Too Far: Political Responses to
Unpopular Rules in Common Interest Communities

Ryan McCarl
Independent

August 12, 2014

43 Real Estate L.J. ____ (2015) (Forthcoming)

Abstract:

Common Interest Communities (CICs) are an increasingly ubiquitous form
of homeownership and land use control in the United States. The
statutory and common law frameworks that govern CICs are characterized
by deference to homeowners association (HOA) actions. While courts
have generally deferred to HOA decisions, however, the political
branches of government — legislatures at the federal, state, and local
level — have increasingly intervened to carve out specific, discrete
rights for homeowners that override the rules of CICs, creating rights
to keep a pet, hang a clothesline, and fly an American flag, among
others. As yet, no article has attempted to explain why legislatures
have repeatedly stepped in to carve out limited exceptions to the
general rule of deference to HOA decisions.

In this Article, I suggest reasons why some owner-HOA disputes trigger
political intervention, even though most such disputes attract little
attention outside the CIC. I argue that homeowner-HOA conflicts are
most likely to attract political attention where the owner is a
sympathetic litigant able to attract political empathy, and where the
rule at issue is intrusive and salient rather than relating to
something perceived as of minimal importance. Finally, if the
homeowner’s cause aligns with an interest group and does not trigger
opposition from a different interest group, the owner’s chance of
triggering political change is likely to be significantly increased.

Number of Pages in PDF File: 56

Keywords: property, land use, homeowners associations, political
psychology, common interest communities, judicial review, deference,
reform, legislature, salience, religion, First Amendment, law and
economics, availability, zoning, empathy, real estate

Date posted: December 18, 2014
Download This Paper
Open PDF in Browser


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