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December 7, 2006
AARP - The Right to Individual Autonomy
Homeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of the common areas.
We've finally arrived at the heart of the matter - the issue so near and dear to the hearts of those who contributed to this manifesto - "I don't want somebody else telling me what I can or can't do with my home!" To accomplish this, thy wish to impose governmental standards on associations.
Over the past few years, people have fought with their associations over flags, signs, displays, standards, pets, renting, and other issues. In most cases the individual was technically in the wrong, but used arguments that went to people's emotions ("I'll never take down 'Old Glory' while our troops are in Iraq"), and often, the board of directors, or management, failed to deal with the issue properly, making a bad situation worse. Does this require turning the association into another layer of formal government. Sometimes you get what you wish for, but its not what you expect. The level of bureaucracy will increase, you're going to have to pay the boards, just like other elected officials, and costs will go up.
The author also ignores the differences between an HOA and a condominium. In a condo, the owner does not individually own the exterior of the building or the grounds around it, so signage, flagpoles, etc. would have to be allowed in common property, which will require a vote of the members. You can't arbitrarily give someone the right to put a sign on ground that I own an equal share of, at least, not without my permission.
Other questions are not answered. If an owner is allowed to place signs and places something offensive, or possibly defamatory, could the association incur liability? A similar situation arises in the access to association communications. What the association does is normally self-monitoring, with a cautious eye cast toward potential liability. Does the association have a right to require an owner wishing to publish an opinion of a subject in the associations newsletter, or on their web site, to provide it with waivers and proof of liability insurance?
This one has to many unanswered questions, mainly because it doesn't address the extremes that are bound to occur.
Posted by joewest at December 7, 2006 2:55 PM