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Advocacy for residents, absentee owners and potential buyers of housing in developments governed by home ‘owner’ associations.

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Sunday, August 31, 2003

When housing consumers go shopping for a home, they go looking for what they want. Unfortunately, what they want increasingly comes along with what they don't want, unknown to them until after they've bought, because that was not disclosed to them. The law doesn't require that, because that would hurt sales, decreasing the revenue of a real estate industry that has a fearsomely powerful lobby (that makes campaign contributions).

With the exception of consumers that buy housing as investment property, housing consumers have certain things in mind when they go looking for a home. Other things are not on their mind, because they aren't aware of them, don't know anything about them (even though they might think they do), or don't realize these things aren't what they think they are, or are more than they think they are.

Housing consumers go looking for a home that they can afford, in a chosen area. They often want a certain number of bedrooms and bathrooms. Perhaps they want their home or lot to have a certain minimum square footage. They may consider the quality of the schools, if they have children.

They take for granted that they will have a certain amount of control over many intimate aspects of personal lifestyles.

“The American dream of owning a home usually brings with it the assurance of a peaceful retreat from the demands of the outer world, including its constraints on many lifestyle choices. For those who purchase a condominium or similar residence in a planned development community, however, the expectation of protective insulation is often not realized. Such individuals are subject to the covenants, conditions, and restrictions (CC&Rs) contained in the development's declaration or in the bylaws of its homeowners association (HOA). These restrictions not only impose limitations on conduct in common and publicly visible areas but they also often dictate basic aspects of a resident's mode of living within the privacy of his or her own unit.
A development's rules and regulations are commonly enforced by the association's board of directors, which holds substantial sway over the financial and property interests of residents. Many owners may be completely unaware of such a possibility
. . . .

Friday, August 29, 2003

Land use plan mandates common ownership developments, that supposedly ‘don’t increase density,’ and “all new subdivisions in the county would require homeowners’ associations”
“ ‘Conservation subdivisions leave more open space and cluster the housing,’ said [a planner]. ‘It does not increase the density.’

“Essentially, a developer can build a subdivision but reserve a portion of the land for greenspace and place virtually the same number of houses on the remaining land as if he did not leave any open land. [The planner] explained that it is uncertain who would be responsible for maintaining the open space, but did say all new subdivisions in the county would require homeowners’ associations that would most likely be charged with the maintenance.”

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