Are homeowners associations consitutional when they act as their own government?

Question

Can they levy taxes (fees) and make and enforce laws (rules) when people have little opportunity to reject the covenants that the hold as a so-called contract?

Answer 1

Well their rules can only government private property. This is like security guards. They obtain powers that may exceed those of police because they are on private property.

Such bodies are run by people who want rules to control everything, while those who value freedom are interested in them. Freedom is something we have to earn, and home owners associations are examples of how we can lose our freedom.

The revolution starts today, if not now, then when, if not you, then who.

Answer 2

When purchasing a home, people often do not think of the ramifications of a "homeowners association" as they sign the line to buy their home. Most people are so excited about home ownership that they often do not read the new rules, fees and by-laws of homeowners associations. These associations are often a good tool to prevent neighbors from having a property that looks like a junk yard. These rules can often cause a simple barbeque with friends to become a problem for the host of such an event. When you moved in, either as a buyer or a renter, you signed on agreeing to live by certain rules of the association. The only way out is to either: A) Sell or move out or B) Get elected to the governing associations board and try to effect change in some of the rules (good luck on this one). It is likely that the homeowners association will win if it goes to court. You may want to consult an attorney and have he or she read your lease or association agreement to make sure your rights are not being violated.

Answer 3

I doubt this is a constitutional issue. However, you can review the bylaws that govern the association. It may be that the rules are such that individual homeowners have little or no power to oppose or reject decisions by the association. If that's the case, you've probably signed on to a bad deal. Unless you can show they've acted with neglience, fraud or something similar, you're probably out of luck. Of course, you always have the option to sell up.

Answer 4

You give up certain property rights when you moved into a place that has HOA, you where on notice when you purchased of the HOA, if you do not like it your only option is to move

Answer 5

Unless you favor communism, then avoid them, my sister regrets it, but had little choice at the time due to her husband's promotion, and believe me, their plans are to sell and move to a rural area where freedom prevails...