The HOA experiment in privatized government is alive and well, and growing

HOA ideology supporting local government secession 

Goldwater Institute’s Policy Report of 100 ideas for 2009[i] contains some disturbing ideas that directly affect local government, homeowners associations and the future  of American society.  In particular, the following two “ideas” (emphasis added) are most disturbing for constitutional local government, because they carry the thought of expanded, privately “contracted” local governments not subject to the Constitution with its protections of individual rights. 

 

22.  Afford citizens enhanced protection against local government overreaches by enacting local constitutions.

 

41.  Give cities and counties the power to replace centralized and bureaucratic zoning and land use regulation with decentralized and privately-enforced restrictive covenants.

 

I cannot help but notice the choice of the word “constitutions” in Idea 22 above, rather than “charter”.  Cities and towns have charters, not constitutions, subject to votes of the citizens and approvals according to Arizona’s statutes.   Homeowners associations have governing documents quite often referred to as constitutions.  Absent  from these constitutions are any obedience or compliance with the their state constitutions, thereby placing them on a more or less equal footing.  Where is the Institute going with the image of a “constitution” rather than a state approved charter?

Read the complete commentary . . .

[i] “100 Ideas for 100 Days”,  http://goldwaterinstitute.org/Common/Img/100%20Ideas%20(2)%20with%20links.pdf.


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Published in: on November 28, 2008 at 5:31 pm  Comments (1)  

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  1. […] on its head” In reply to my Arizona Capitol Times Commentary of December 12th (see The HOA experiment in privatized government is alive and well, and growing), Constitutional Center Director Nick Dranias believes HOAs are bona fide consenual relationships […]


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