« “The karmatic path of a tree hugger” | Main | A Very Good Manager »
March 28, 2006
Giving Up Rights
It's been interesting to read the various articles supporting the Twin River decision focus on the issue that owners cannot cede certain rights through a contractual relationship with the association. I find it interesting because 38 years ago, I gave up most of my rights through a contractual relationship when I signed up to enlist in the U.S. armed forces. And don't believe for a minute that I was made aware of the fact by the recruiters (no disclosure).
In one easy swoosh of the pen, I gave up my right to free speech, peaceful assembly, and petition (1st); protection against unreasonable search and seizure (4th); and my right to a trial by jury (VI), not to mention my freedom. I was then subjected to a string of abuses worse than any condo owner could ever received from a board member. Welcome to boot camp.
For four years I couldn't post any political signs, (much less peace symbols), paint my locker any color I felt like, have a pet (and I really needed some company), re-decorate my living space (all 3' x 6' x 3' of it), rent that space out, harass or insult the officers, put up a basketball hoop (portable), ask for a mediator or abitrator for assistance, or gain the attention of the media or my legislators to correct any of these obvious injustices. I gave up my rights to most of the constitution which was replaced by the Uniform Code fo Military Justice (CC&R;s), which was totally stacked in favor of the military (association) against the solitary enlisted man (owner).
You see, people voluntarily give up some of their rights all of the time, the question is - do they understand what they're walking into. I was 18 and none of the legal ramifications were even mentioned. How far do you think I would have gotten with a legal challenge to those circumstances? Was this right? or just? It didn't matter, it was accepted and backed by the courts.
What you need to remember is that some people actually read the association documents, and still decide that they want to live there. In fact, many choose to live there because they are looking for that type of structure -- they like the houses looking similar, they like that the lawns are maintained, they like the fact that they don't have to look at some obnoxious sign across the street (if you're going to allow signs, you're not really going to be able to control the content very easily), they like the fact that a third party can intervene when someone steps outside the rules -- in other words, they like association living. Shouldn't they be allowed to knowingly and voluntarily agree to restrict some of their "rights"?
Good disclosure and personal responsibility are still the main items that help make a good association.
Posted by joewest at March 28, 2006 5:58 PM