Surviving Homeowner 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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All Customer Reviews
Average Customer Review:
2 of 2 people found the following review helpful:

Must Read, 2007-02-03
Short review: If you are in a HOA, or if you are even thinking of purchasing a property within a HOA, this book is REQUIRED reading.

On the prose: I am a vivacious reader, if by chapter 1 I don't like a book it is gone, this book was a good read.


7 of 7 people found the following review helpful:

David Powell, 2006-03-29
Arlene Bandy's "Surviving Homeowner Associations" covers the full spectrum of living in a "Common Interest Development" or "Planned Unit Development" administered as a quasi-government, quasi-business entity without adequate external legal or political protection. Ms. Bandy identifies twelve "cracks" in HOA administration and builds a solid description of the problems around them. Her presentation is made with good humor, using just enough anecdotal evidence to prove her case without "piling on" and appearing bitter.

She points out that "Common Interest Developments" are growing more popular and it is becoming more difficult to avoid the influence of homeowners' associations - even if one were so inclined. Most members have no idea of what they are getting into when they join an Association. Many residents of such communities subject themselves to unanticipated rules, regulations and their costly enforcement. There is little or no state protection of their constitutional rights.

The book distinguishes among several states and their protection of residents' property rights. This illustrates that the problem is not uniform and it appears that some states are recognizing obligations to some extent while others are letting abuses run rampant.

Besides providing a well-documented description of the problem, Ms. Bandy provides an excellent list of representative sources of information. She also offers a possible solution. Unfortunately, the solution depends upon individual state's political atmosphere to be receptive. It will be an uphill battle but Ms. Bandy's book suggests a strategy.

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