Court opinions relating to HOAs as mini-governments

Former CAI president Wayne Hyatt, and co-author Susan French, devote chapter 4 of their book, Community Association Law (1998), to the topic of mini-governments.

“The third theory, ‘symbiotic relationship’ or the ‘ sufficiently close nexus’, are less relevant to the common interest community setting of today [1998] but may have more relevance in the future. State action is found . . . .”

The 1998 or earlier cases presented in this chapter of this pro-HOA book include:

Marsh v. Alabama, 326 U.S. 501 (1946) (the poster case against mini-governments)
Shelly v. Kraemer, 334 U.S. 1 (1948)
Gerber v. Longboat Harbour N. Condo, 724 F. Supp. 884 (M.D. Fla. 1989)
Laguna Publishing Co. v. Golden Rain Found. of Laguna Hills, 131 Cal. App. 3d 182 (1982) (is Leisure World condo a mini-government)
Midlake v. Cappuccio, 673 A.2d 340 (Pa. 1996) (sign restrictions)
City of Ladue v. Gilleo, 114 S. Ct. 2038 (1994) (signs)
Covered Bridge Condo Assn. v. Chambliss, 705 S.W.2d 211 (Tex. App. 14 Dist. 1985) (reasonable covenants are not unconstitutional; age restriction)
Majestic View Condo v. Bolotin , (429 So.2d 438 (Fla App. 4th Dist. 1983) (pet restrictions and notice)
Golden Sands v. Waller, 545 A.2d 1332 (Md. 1988) (assessments and notice)

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HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

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