A brief overview of history and homeowner associations (HOAs) is necessary to fully understand why many homeowners oppose having their property rights questionably dictated by the DBPOA… 

The role of government in our lives greatly influences how we view property rights. Property rights are guaranteed by our Constitution.  The cornerstone of our Declaration of Independence was based on John Locke’s philosophy: to join with others to “unite, for the mutual preservation of our lives, liberties and estate.”  Locke believed that to have a progressive civilization, it begins with natural, God-given rights: “Man being born, as has been proved, with a title to perfect freedom and an uncontrolled enjoyment of all the rights and privileges of the law of Nature, equally with any other man, or number of men in the world, hath by nature a power … to preserve his property - that is, his life, liberty, and estate, against the injuries and attempts of other men.”  Thomas Jefferson is credited with espousing sovereignty for private property in the U.S. when he said more than 200 years ago: “Nothing is ours, which another may deprive us of.”   Therefore, it is felt that without the right of private, unencumbered property, people cannot have liberty; and the controversies continue... 

So why is it that one of every five Americans now lives under rules and regulations that could confiscate their homes from them, remove their right to privacy and take away their freedom of expression?

Additionally, neither Congress, the police nor local governments can do anything about it.  Property rights are voluntarily relinquished when a person decides to purchase property legally governed by a homeowner association.  Until recently, too few people realized to what extent their personal freedoms were being infringed upon.  (Whether or not you can have a pet, basketball hoop, swing set; how long your garage door can be left open, Christmas lights displayed; what color you can paint your house; what plants or trees you can have and where; etc., etc…)  They hand over control of the way they want their homes to look, and what they want to do in and around them to an association's board of directors. These can be untrained people with no knowledge of the law or business; and sometimes have very unreasonable and/or arbitrary ideas of what they want in their community.  Even when you have a board filled with good people, it can still be only one election away from disaster…

In 1965, fewer than 500 Common Interest Developments (CIDs) existed nationwide. By 1970, there were 10,000. Today, although there is no official monitoring, experts estimate there are 250,000…

HOAs originated in England and the idea of “private communities” first appealed to the wealthy in our country.  By owning and maintaining all the amenities, including the roads, neighborhoods could be gated and/or protected from outsiders.  These neighborhoods became exclusive. 

As incomes increased, developers soon learned that more and more consumers were willing to pay a premium for some of these private amenities (a show of affluence) and all the developers had to do was provide them; passing along the costs and maintenance to the buyers.  These amenities being collectively owned, CC&Rs and rules had to be written, and the authority to administer them delegated to a homeowner or community association. 

With the passage of Proposition 13, in California, cities and counties experienced a sizable decrease in property taxes.  Amenities and/or services had to be cut.  Developers offering these amenities in new “common interest” developments (“paying their own way”) were not only encouraged, but favored.  The number of HOAs skyrocketed. 

Comprised of homeowners, the boards of directors for these nonprofit corporations had no experience in running a corporation, or knowledge of corporate laws, and problems grew proportionately.  Since these HOAs required mandatory membership, a whole new industry was spawned…

Attorneys were encouraging HOAs to file legal action against the homeowners (they got paid no matter who won…).  In 1985, due to the amount of legal action caused by HOAs, and confusion in corporate law, the California legislature consolidated all of the corporate codes governing common interest developments (CIDs) into one section of the civil codes (Sections 1350 through 1378), referred to as the Davis-Stirling Act.  (Click here:  CIVIL CODE)  This encouraged attorneys to specialize in HOA law.  It also led to the establishment of the Community Associations Institute (CAI), which has become one of the most powerful lobbyists in the country.  It provides education, tools and resources to people who govern and manage homeowners associations, condominiums and other planned communities; while also having been responsible for making management certification (requiring this education) mandatory.

A growing nation-wide concern exists that HOAs have created a dangerous sub-government which overrides our Constitutional rights, and is becoming more and more powerful (some states will only allow common interest development now; others advocate converting older subdivisions into common interest developments).  Nationwide; over 50 million homeowners now live in HOAs.  If you would like to learn more about “legitimate” homeowner associations, the American Homeowners Resource Center provides information on a myriad of subjects, including this major concern. (Click here:  AHRC) 

“Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”

            -Benjamin Franklin