HOA governance: is there another way?

In her Condolaw blog, What would happen if community associations ceased to exist?,  Ms. Berger’s view reflects the broader philosophy that has permeated American political and social life for some time now. 
 
                                        “If you can get away with it, good for you!”  
 
That seems to be the philosophy of New America, whether it’s big business, Wall Street, the Banks, the mortgage companies and now planned communities.  The average American, the steadfast, hardworking individual believing in a just and fair America, in an ideal of an America where the individual is the nation, finds himself at the bottom of the food-chain.  If you’re big enough, you can get away with it regardless of the gross injustice and departure from those principles, ideals, and values that made America the bastion of true democracy.  Not any longer.
 
As a neo-American, a true believer in the goodness and fairness of the authoritarian HOA regime, she confuses and perpetuates the identification of the planned community concept or “packaged” subdivision with restrictive covenants, rules, landscaping, densely packed housing in order to include some amenities like golf, tennis, pools, country clubs, etc. with the authoritarian form of governance of the planned community subdivision — the Homeowners Association.   The HOA obtains its governing authority from that private “agreement”, easily identifiable as an unconscionable adhesion contract, that bypasses contract law 101, that relies on denying homeowners their rights possessed prior to buying an HOA controlled home, and hiding factors material to a fully informed agreement that bears on the social and political life in the subdivision.  The expectancy of a homebuyer that the HOA government would function just like and subject to public government laws, customs and precedents goes unchecked and corrected by the pro-HOA neo-Americans.
 
 
She completely misses the point of removing the legal system of HOA governance, leaving the planned community intact, making use of existing state laws to allow that to occur very easily and without fears of creating shambles within the HOA.   She challenges readers, in her concluding remarks,
 
“The next time you hear someone say we would be better off without functioning private residential community associations ask them to map out a realistic plan that addresses the practical realities and challenges that would surface were their wish to come true!
 
 Ms. Berger, please see the following alternative with explanation:
 
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Published in: on November 23, 2009 at 6:27 am  Leave a Comment  

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