HOA debate: illegitimate government and invalid CC&Rs contract

A very important and lengthy exchange on substantive matters regarding the HOA legal structure and concept can be found on Evan McKenzie’s The Privatopia Papers blog. The topics of discussion are the legitimacy of private HOA government and the validity of CC&Rs as contracts.

Participants, as of this writing, including McKenzie, are Tyler Berding, a California attorney, and homeowner rights advocates Fred Pilot, Fred Fischer and yours truly. The discussion is under the heading, “Do owners believe CC&Rs are contracts?” in the January 2012 postings. The debate was triggered by Pilot’s post of December 31, 2011, commenting on a article wherein he states, That’s because people don’t see HOA covenants — a real property contrivance — as contracts,” and, “In addition, many property owners don’t see HOAs as legitimate governing authorities.” There are an additional 10 comments on this posting as of this writing. 

Follow the debate at The Privatopia Papers.

Thanks to Evan McKenzie, author of Privatopia (1994) and Beyond Privatopia (2011), for publicizing this important debate.

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  1. […] also Evan McKenzie’s Privatopia Papers contribution to the constitutional issues debate, HOA debate: illegitimate government and invalid CC&Rs contract. TwitterShareTwitterLike this:LikeBe the first to like this post. Published […]

  2. Saturday, December 31, 2011
HOA convenants not generally regarded as contracts
Posted by Fred Pilot at 9:57 AM
privatopia.blogspot.com/2011/12/hoa-convenants-not-generally-regarded.html

    Monday, January 02, 2012
Do Americans consider CC&Rs Contracts, Revisited
Posted by Evan McKenzie at 1:55 PM
privatopia.blogspot.com/2012/01/do-americans-consider-cc-contracts.html

    Monday, January 02, 2012
Do owners believe CC&Rs are contracts, part trois…
Tyler Berding tried to comment my long post in response to the Pilot/Berding exchange, but Blogger rejected it as too long. I am posting Tyler’s response here:
Posted by Evan McKenzie at 10:24 PM
privatopia.blogspot.com/2012/01/do-owners-believe-cc-are-contracts-part.html

    Wednesday, January 04, 2012
George Staropoli on the “Do owners believe CC&Rs are contracts?” debate
From George Staropoli comes this response to the Pilot/Berding discussion:
Posted by Evan McKenzie at 9:48 PM
http://privatopia.blogspot.com/2012/01/george-staropoli-on-do-owners-believe.html

    Wednesday, January 04, 2012
Fred Fischer on the “Do owners believe CC&Rs are contracts?” debate
Fred Fischer weighs in:
Posted by Evan McKenzie at 9:49 PM
http://privatopia.blogspot.com/2012/01/fred-fischer-on-do-owners-believe-cc.html


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