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"Only by the ignorant who couldn't define freedom to begin with." Yeah, no. Having an unelected, compulsory board governing the area is not freedom. "HOAs are
by st3v3r 11y ago
"Only by the ignorant who couldn't define freedom to begin with."
Yeah, no. Having an unelected, compulsory board governing the area is not freedom.
"HOAs are nothing more than this, and everyone who lives in an HOA chose to be subject to the terms of the contract."
Often times not, as one cannot buy houses in an area without being a member of the HOA. Further, there's the whole "no voting on people running the HOA" thing.
"To claim you have less freedom under an HOA (something you voluntarily choose) than you would under a local government (something forced upon you) is ridiculous."
I get to vote on members of my local government. I don't get to vote on members of the HOA.
- ancap 11y ago>Yeah, no. Having an unelected, compulsory board governing the area is not freedom. Whether the officers are elected or not (or whether there are officers at all) would be determined by the founding documents of the HOA. But it is definitely not compulsory. >Often times not, as one cannot buy houses in an area without being a member of the HOA. That doesn't make it compulsory. If you buy a house in an established HOA you chose to be subject to it. If you don't want to be subject to it, you don't buy the house. Saying you should have the right to buy a house in an HOA area and not be subject to it is saying you believe contracts should be non-binding, that is, worthless. >I get to vote on members of my local government. I don't get to vote on members of the HOA. As pointed out above, an HOA can have whatever structure the founders want it to have, or whatever the current decision makers amend it to be. As a tangent note, democracy does not define freedom.
- JoeAltmaier 11y agoThat's disingenuous to pretend its not compulsory, just don't buy the house! We all understand it to mean, to live in a certain area its compulsory to belong to the HOA. Living in an area can be important for lots of reasons. Buying a house is a contract between the seller and the buyer regarding personal property. To be required to include a third party (the HOA) is strange. You don't have to belong to the NSX fan club to own an NSX. The whole point of HOAs is to enforce somebody's personal preferences on their neighbors. Its annoying, infringes on my personal space, and promotes a weird philosophy of groupthink in what I consider an un-American way.
- ancap 11y ago>That's disingenuous to pretend its not compulsory, just don't buy the house! We all understand it to mean, to live in a certain area its compulsory to belong to the HOA. What you are saying is the equivalent of "I don't like wearing a shirt. Walmart wants to compel me to wear a shirt to go in their store and it's a flagrant un-freedom and un-American policy". Similar to buying a home in an established HOA, when you buy certain pieces of software, or use countless websites, you agree to their Terms of Service. There is no compulsion involved because you make the decision on whether to limit yourself. Everyone who chooses to do so, does it because they believe they will be better off engaging in the agreement than not. >Buying a house is a contract between the seller and the buyer regarding personal property. To be required to include a third party (the HOA) is strange. There's nothing strange about it at all. When you buy a house you have to ensure the seller has clear claim to the title. You have to make sure there are not any liens on the property. Is that strange to involve those third parties? Hardly. When an HOA is formed, those in the neighborhood contractually agree to do certain things and not do other things. They do so of their own accord. They also agree that the HOA has a claim on the house so that when sold, the contract remains in force. Do you disagree with the concept of contracts?
- JoeAltmaier 11y agoExcept, again, that's ignoring the fact that I don't own WalMart. And the HOA doesn't own my house. And I was never part of the HOA, yet am required (compelled) to join and abide by it. Its a strange old conservative view that neighbors can dictate what color to paint your front door, to suit some groupthink. Maybe this is a liberal vs conservative issue? Contracts are irrelevant - to be valid a contract has to have something called 'value received' in exchange for stipulations. You can't just write anything in a contract - for instance, the penalty of violating a term is generally a payment of money. What does it cost to get out of the HOA?
- ancap 11y ago>the HOA doesn't own my house. The HOA doesn't need ownership. They have a valid contractual claim to limit the use of the property based on the person who originally owned the property and elected to make it a part of the HOA. Any buyer accepts those limitations. When you purchase a piece of property you are not always getting rights to everything you might think. You may not have mineral or water rights. The property may have an easement in place. >And I was never part of the HOA, yet am required (compelled) to join and abide by it. You are never forced to join an HOA. A piece of property is part of an HOA or it is not. You choose whether you want that property or not. There is no force and no compulsion involved. >Contracts are irrelevant On the contrary. It is all about contracts.