HOA

The Power Struggle of HOA 

Homeowners Associations (HOA), are they some sort of government? In Evan McKenzie’s “Privatopia”, he explores HOAs in general, whereas I know first hand how they work.  I live in a community that has an HOA.  I know what goes on behind the scenes of an HOA.  In Evan McKenzie’s article, he touches the politics of HOAs, as a government that is not regulated.  He also explains how HOAs came to beMcKenzie states that "the original reason for all HOAs was to enforce race-restrictive covenants," Are the middle class trying to keep out the working and poor by having HOA’s brought into South Phoenix?  That means that in the new subdivisions couches, swing sets, table and chairs will not be allowed in the front yards as the older homes occupied by Latinos in South Phoenix have in their front yards.

 There are many restrictions in an HOA community.  You can not do anything to the exterior of your home such as paint it or plant a tree, with out the HOA’s approval. If you do something that is not within the rules and regulations, you will get a fine.  If you do not pay your fines or dues a lien will be put on your house which you can not sell until the lien is taken care of.  Sounds like a government to me.  In fact it almost sounds like a fascist government which tells you what you can and cannot do.  Now the question is, are HOA’s good to have in a community or should they be abolished?

When you purchase a home that has an HOA, you have to sign papers to become an obligating member.  When you take possession of your home, the deed to your property has restrictions.  You can find the rules, regulations and restrictions in the Declarations of Covenants, Conditions and Restrictions (CC&R) which is given to all home buyers at the closing of their home.  Every HOA property owner is required to abide by the CC&R’s rules & regulations.  These rules and regulations are the guidelines that are followed by the association.  The HOA is first run by the home builder until the community is built out.  It is then turned over to the homeowners who elect members to serve on the board and to enforce the CC&R’s.

Most board members may have neither experience nor qualification to serve on the HOA. Board members do not receive payment for serving on the board, but they have an interest to protect the community they live in so they run for the position.  There have been many board members who served simply because they enjoy having the power to say yes or no to fellow neighbors according to Evan McKenzie.  These are the ones who make the HOA look like a fascist government, only those who are in the members clique will be approved for their requests and special favors.  If you are not in their clique your request will not be approved and this is where the power struggle comes into play.   There have been incidents where the board has rejected a homeowners request simply because a board member did not like another homeowner.

There are good things about the HOA.  It keeps a community in an orderly fashion of neatness.  You will not see a house with over grown weeds in the front yard. There will be no cars on blocks or broken down cars in the driveways.  You definitely will not see junk all around the property.  Houses can be painted only certain colors such as the colors you had to choose from when you purchased your home.  If you are lucky, you will have board members who serve on the board because they truly care about what happens in the community and they are not involved in a power struggle.

But, HOAs are not for everyone. I have heard people say they would never live in a community that has an HOA because they feel that they should be able to do what they want on their home and property.  I have also heard the opposite, stating that an HOA will keep the neighborhood looking nice.  When people move into an HOA community they know that there are rules and regulations to follow.  People complain constantly when they get a fine for letting their front yard go.  If you do not want to keep your home nice and neat, then find an area where you can let your house go and it will not matter to anyone.

As long as an HOA is run correctly they are good to have.  I have seen neighborhoods that do not have an HOA and some of those neighborhoods look terrible.  I have yet to see an HOA neighborhood in shambles.  Are Homeowners Associations being brought into South Phoenix because people are assuming that the home owners will not take care of their homes if an HOA is not present?

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