In my continuing historical research to uncover any pattern of activity by pro-HOA supporters that would help to explain today’s HOA environment and culture, I now came across a 1989 U.S. Advisory Commission[i] report for public officials.[ii] It uses a question and answer format, raising some of the very same constitutional and legal issues still being raised today. The reader must wonder why the answers have been ignored all these years, and who was responsible.
I’ve excerpted a few of the 54 questions, and answers contained in this report. But first, an introductory statement is worth highlighting: “These private organizations, created through covenants on residential real estate, are exercising some functions similar to local governments and are a significant factor in the privatization of local public services.”
10. Why have RCAs been called “shadow governments” and “invisible kingdoms”?
19. How have special districts been formed in place of RCAs?
Read the full commentary at Public officials.
[i] The Advisory Commission on Intergovernmental Relations (ACIR) is a permanent, independent, bipartisan agency that was established under Public Law 86-380 in 1959 to study and consider the federal government’s intergovernmental relationships and the nation’s intergovernmental machination.
[ii] Residential Community Associations Questions and Answers for Public Officials, ACIR, M-166, July 1989, (http://www.library.unt.edu/gpo/acir/Reports/information/M-166.pdf).
HOA Constitutional Government 