Is it possible to create an HOA "constitution" that protects homeowner rights and still govern the HOA?::::::::
A reader of my HOA Constitutional Government blog asked the following questions:
1. In your opinion, what constitutes a reasonable set of covenants that protects the rights of homeowners while enabling a HOA to manage and maintain the common areas, facilities and character of community?
2. Another way of asking the same question: if you had the opportunity to write the Declaration and Bylaws for a new community, what would be in it; what would not?
I hope the reader is not expecting a "silver bullet" answer, one that solves all problems and all concerns for all people. I also assume that the reader is hoping for such a silver bullet, an ideal governance model, with respect to HOA governance. Please bear with me and read on, because what I say addresses the legal, and social environment and culture upon which "protects the rights of homeowners" resides. One cannot simple change covenants without first dealing with the broader legal scheme and societal effects of homeowners associations.
George K. Staropoli is president and founder of Citizens for Constiutional Local Government, Inc, and author of "Establishing the New America of independent HOA principalities."
He has appeared before and has made presentations to several state (
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