I have quite often made reference to the 424 page Homes Association Handbook of 1964 as the HOA “bible.” It provided the fundamental basis for the mass marketing of HOAs and as the legal basis for the common place boilerplate CC&Rs. It has everything for everyone except the HOA lot owners, the mandatory members.
The following is an excerpt from its Foreword by the ULI president says it all.
It is our firm belief that the information and recommendations contained in the handbook will be of major value to land developers, planners, home builders, appraisers, mortgage lenders, realtors, attorneys, association officers, and public officials concerned with the planning, development, and operation of stable and attractive residential areas for the home owner and the community.
See the cover pages here.
As can be noted from the above, the CAI brief equates the HOA interests with the members’ interests and that it is acting in the best interests of the members subject to “the needs and obligations of the community.” Sort of confusing doubletalk me thinks. Once again I’m touching upon a defect in the HOA legal scheme. Under corporation law the BOD is responsible to the HOA association, but we have a PRIVATE contract agreed to by the members that the BOD functions on the best interest of the members.
HOA Constitutional Government 