Jun 25, 2008 12:38AM GMTJune 25, 2008 00:38:04
Posted by Magzilla

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29 comments
raves +5  
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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"
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raves +5   by Gramma Lil

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.
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  • raves +1   [-] by HairlessKats Oversoul

    Answered None of the above

    just your agreement to its terms in order to live within the community, which is controlled by a 'democratic' vote usually to decide what terms/restrictions it feels are best for the neighborhood as a whole... good question.
  • raves     [-] by Modena Bobena's Mommy

    Answered It is a private group so they can do what they want

    as long as they're not guilty of housing discrimination and not receiving public monies for housing subsidies then yes, they're exempt like any other private organization.
  • raves     [-] by LadyLuck2

    Answered It is a private group so they can do what they want

    That's what happens when your private you do not have to abide by all the rules. The government knows this and they allow it.
  • raves +1   [-] by Coach

    Answered None of the above

    Some are worse than others, I don't want to live next to this... live
  • raves +1   [-] by Animox

    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 +1   [-] by Neo

    Answered It is a private group so they can do what they want

    I would never buy in one.Way to controling for me.
  • raves     [-] by Saoirse~CHANGE HAS COME!

    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   [-] by Dogg ~socialism is not hope

    Answered It is a private group so they can do what they want

    saddly < and I could be wrong, I believe they are a private group. And those who buy houses in these area showed know the full rules that go with the home they get.
  • raves +2   [-] by freewill~STS~freespirit

    Answered Undecided

    moderated...
  • raves +1   [-] by kriss

    Answered They are not above the Constitution and should be forced to abide by the Constitution

    true dat!
  • raves +1   [-] by Free Throw

    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 +5   [-] by Gramma Lil

    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.
  • raves +2   [-] by lonewolf

    Answered None of the above

    don't know but i would never buy into one. as long as i'm making the house payment no one is going to tell me what i can and can not do.
  • raves +2   [-] Magzilla replied to lonewolf
    I feel the same way. I can understand trying to keep the neighborhood looking nice, but I think they have way too much control over what people do.
  • raves +2   [-] lonewolf replied to Magzilla
    they sure do. i know someone who lives in one.
  • raves     [-] Magzilla replied to lonewolf
    I have to deal with them often because of my work
  • raves +1   [-] lonewolf replied to Magzilla
    very true. on the rift raf. but you are not going to tell me what color i can paint my house or what kind of fence i can put up or what type of shed i have to have.
  • raves +1   [-] Magzilla replied to lonewolf
    That is the type of stuff I am talking about. I can understand noise control, or garabage in the yard, but telling me what type of grass and flowers I can have is insane.
  • raves +1   [-] lonewolf replied to Magzilla
    i agree. that's what i mean if i'm putting up a fence it's a private one. i mean a wood fence not chain link i may not want to see my neighbors. you may like like roses i don't i might be able to afford a built in pool so no i can't have a pool.
  • raves     [-] Free Throw replied to lonewolf
    Well 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.
  • raves     [-] lonewolf replied to Free Throw
    i'm all about it looking good. i don't live in filth. but they do take it to far.
  • raves     [-] Free Throw replied to lonewolf
    maybe in your opinion -- it's probably not your kind of living --I love it !!
  • raves +1   [-] lonewolf replied to Free Throw
    yes your right. but i have a buddy who lives in one. i can't live like that but if your happy that's cool.
  • raves     [-] Free Throw replied to lonewolf
    Thanks , I love it--wouldn't live any other place --except maybe a mobile home park on the coast !!
  • raves +1   [-] lonewolf replied to Free Throw
    lol. i here you. where i live it's well taken care of everyone takes care of their home and yard and neighbors.
  • raves +1   [-] Free Throw replied to lonewolf
    So do I -- "ME" I have no problem with it -- extra rules are necessary to protect everyone 's values and keep everyone safe --plus I feel it's keeping a lot of the riff-raff out .
  • raves +1   [-] Magzilla replied to Free Throw
    Most that I have dealt with have gone to far with their regulations. I can handle some rules, but some are just outrageous.
  • raves     [-] Free Throw replied to Magzilla
    Well maybe --but not ours . They are all justified
  • raves +1   [-] Magzilla replied to Free Throw
    I have dealt with Some good ones, but not many