Background info on HOAs as ‘contractual communities’

I post this in response to Deborah Goonan’s post on her blog, HOAs, condos, & co-ops much more than ‘contractual communities’.  I congratulate Deborah on her fine work on exposing HOA issues of substance.

First, the Berding article,  Why Community Associations Are Not “Governments,“ was written in January 2012.  At that time there was a detailed and lengthy exchange by several advocates on Privatopia Papers that preceded, and after, Berding’s post.

The issue are HOA governments or contracts was raised by Fred Pilot in a post on Evan McKenzie’s Privatopia Papers blog, HOA convenants not generally regarded as contracts in December 2011. Tyler Berding, and others, responded with several comments.

Evan McKenzie could not resist his replying to Pilot’s post and Berding’s comments, Do Americans consider CC&Rs Contracts, Revisited.  It seems that Berding then posted, on his blog, the above-mentioned article referenced by Deborah. The next day McKenzie posts on Privatopia a  reply comment by Berding , Do owners believe CC&Rs are contracts, part trois…  .  Two days later the replies by Fred Fischer and yours truly are posted:  Fred Fischer on the “Do owners believe CC&Rs are contracts?” debate  and

George Staropoli on the “Do owners believe CC&Rs are contracts?” debate, respectively.

There’s a lot of info contained in these early exchanges.  Read them to get a fuller understanding of the quasi-government issue.  Also, you can see my 2013 views in HOA Common Sense, HOA Governments in fact, No. 9.