In the real world of HOA governments, the climate of the community is based on a fear and a distrust of one’s neighbors. This fundamental basis for HOAs is supported by the following commonly expressed objectives of HOAs. We’ve been told, as well as having been set down in the declaration, that the purpose of the HOA is 1) to maintain property values first and foremost, which requires the enforcement of the governing documents, and 2) to provide for the general welfare of the members in terms of rules and regulations for an orderly community. It implies that the survival of the HOA depends on an authoritarian government to coerce compliance with the objectives of the HOA state.
The climate of the HOA is formed by the attitudes, beliefs and values of its members who distrust their neighbors because their neighbors will,
1. paint their house pink, or polka-dotted,
2. repair and maintain their vehicles on their front lawns in front of their $200,000 homes,
3. not properly maintain their homes and lots as determined by the HOA,
4. refuse to obey the rules and regulations, which requires the application of penalties, as severe as may be required, to obtain compliance with the rules and regulation, and
5. refuse to make timely payments of their assessments, for which there are no justifiable exceptions or excuses.
What is noticeably absent from the purposes of the HOA government are any references to the establishment of healthy, desirable, and vibrant communities based on the US Constitution with its protection of individual liberties. Also noticeably absent from the above are any statements to the effect that HOA members are not protected by the application of the 14th Amendment, as they would be protected if the HOA were a public entity. However, statements to the contrary have been made giving the appearance and illusion that the HOA provides the same democratic protections as found in the public domain, simply because members can vote for the board of directors. This is decidedly false!
Considering the above, the climate of the HOA is one of hostility, distrust, coercion to comply, and the fear of a decline in property values that necessitates an undemocratic, authoritarian government for its survival. But, it doesn’t have to be this way. The subdivision real estate package can exist without the HOA form of governance that is based on the distrust of its members. But, the HOA cannot exist without the covenants running with the land as found in the declarations of covenants, conditions, and restrictions.