Jun 25, 2008 12:38AM GMT
Question
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Politics - United States
What puts Homeowner Associations above the Constitution?
"Unlike a municipal government, homeowner association governance is not subject to the Constitutional constraints that public government must abide by"-
raves +1 posted Jun 25, 2008 05:49PM GMT
Answered They are not above the Constitution and should be forced to abide by the Constitution
They shouldn't be trying to kill everyones individuality. Thats what gave old neighborhoods their charm. People will naturally try not to ruffle to many feathers and be good neighbors so most won't do anything drastic that will bring down adjacent houses resale value. Those few that do ignore common courtesy and create a blight on the neighborhood will be shunned by the community and will either adjust things to remedy the situation or leave thus taking care of the problem. -
raves posted Jun 25, 2008 11:59AM GMT
Answered It is a private group so they can do what they want
Homeowner's Associations are legal entities and have the authority to enforce covenants, conditions, and restrictions. Unlike a municipal government, homeowner association governance is not subject to the Constitutional constraints that public government must abide by. If people don't want to adhere to the rules...they shouldn't live in such a community. To many people...the small sacrifice is worth it. I would welcome restrictions against my neighbor being allowed to paint their house hot-pink and have their front yard adorned with plastic flowers and gawdy ornaments...or have a rusty old car up on blocks in the driveway. -
raves +1 posted Jun 25, 2008 12:48AM GMT
Answered They are not above the Constitution and should be forced to abide by the Constitution
They still have to abide by the constitution -- They set forth rules and regulations CC& R to make living more safer and property values remain higher . When living within the confined of a gated community you need rules --PLUS it keep the riff-raff OUT --I have served on 2 homeowners association boards once as President and once as tresuerer --a thank-less job indeed-- But I felt it was my duty to serve. -
raves Jun 25, 2008 01:07AM GMTWell If you want to keep the places looking alike it's a rule that has to be followed and followed to a tee --otherwise it's a good idea that a person lives elsewhere --I wouldn't want them in here with that attitude --I want the property to look good and somewhat the same . If everyone does ther're own thing it turns out shitty looking -- besides its already paid for through the reserves from the association fee. I drive thru some neighborhoods and they look pretty shabby at least I know I can home to a nice clean well groomed community.

Answered They are not above the Constitution and should be forced to abide by the Constitution
No one in America should be above the Constitution.