Court opinions relating to HOAs as mini-governments

Former CAI president Wayne Hyatt, and co-author Susan French, devote chapter 4 of their book, Community Association Law (1998), to the topic of mini-governments.

“The third theory, ‘symbiotic relationship’ or the ‘ sufficiently close nexus’, are less relevant to the common interest community setting of today [1998] but may have more relevance in the future. State action is found . . . .”

The 1998 or earlier cases presented in this chapter of this pro-HOA book include:

Marsh v. Alabama, 326 U.S. 501 (1946) (the poster case against mini-governments)
Shelly v. Kraemer, 334 U.S. 1 (1948)
Gerber v. Longboat Harbour N. Condo, 724 F. Supp. 884 (M.D. Fla. 1989)
Laguna Publishing Co. v. Golden Rain Found. of Laguna Hills, 131 Cal. App. 3d 182 (1982) (is Leisure World condo a mini-government)
Midlake v. Cappuccio, 673 A.2d 340 (Pa. 1996) (sign restrictions)
City of Ladue v. Gilleo, 114 S. Ct. 2038 (1994) (signs)
Covered Bridge Condo Assn. v. Chambliss, 705 S.W.2d 211 (Tex. App. 14 Dist. 1985) (reasonable covenants are not unconstitutional; age restriction)
Majestic View Condo v. Bolotin , (429 So.2d 438 (Fla App. 4th Dist. 1983) (pet restrictions and notice)
Golden Sands v. Waller, 545 A.2d 1332 (Md. 1988) (assessments and notice)

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Published in: on July 22, 2005 at 6:17 pm  Leave a Comment  

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