Protection of Rights of Homeowners

Abstract

The Home Owners Associations (Residential community associations) are often described as “Residential Private  Governments” exercising legislative, judicial, and executive powers all rolled into one over those living within their territorial boundaries characterized as "little democratic subsociet[ies]" whose members accept extraordinary regulation of their conduct, lifestyle, and property rights.  Constitutions protect individual rights from government infringement but not from HOAs. Their impact on the members and also the significant harms inflicted by these residential associations on nonmembers. We study the issue of potentials for l violations of liberty and property rights in these HOA and consequent legal disputes and suggest statutory and other remedies.