The Illusion of a Democratic HOA: Kentlands Community Charter

Bob Metcalf wrote a piece on his discovery of an unusual HOA web site, one that declares the HOA as a truly democratic organization (See Kentlands_tragedy).  This Gaithersburg, Maryland HOA calls itself, in its Declaration, “Kentlands Community Charter (Covenants, Conditions & Restrictions)” (See Kentlands site).  It’s homeowner’s guide reads:

“What definitively sets Kentlands apart from other homeowners associations (HOAs), though, is its democratic system of community governance. Because HOAs must, by Maryland law be organized under the laws that regulate business corporations, they are required to be governed by a board of directors (trustees). The typical result is an essentially autocratic system of governance, one to which many homeowners object because of the lack of public participation and absence of checks and balances.”

 “Kentlands has addressed some of the structural defects that are inherent in HOAs by creating a system of governance that is modeled after traditional American public government organizations. There are, in essence, three branches of government: legislative, executive, and quasi-judicial.” 

This was intriguing, a bona fide attempt to establish a democracy under a corporate form of government.  However, the governing documents tell another story, as Bob reports.

Read the complete commentary at Kentland.