Opposition to HOAs: Conservative? Or Liberal?

One puzzle about the HOA movement is, “Why doesn’t the left or right take a stance?” Think about it. Every homeowner signs away his Constitutional rights by agreeing to join an HOA. That abrogation of rights has been upheld in multiple court decisions.

But shouldn’t the left-wing ACLU be furious about the loss of free speech rights by homeowners? Shouldn’t the right-wing Tea Party be furious with the fact that citizens have lost their ability to claim First Amendment, Second Amendment, and Fourth and Fifth Amendment protections just by joining an HOA?

Of course, Americans have the right to contract away their claims to protections in the Bill of Rights. We do that all the time when we agree to abide by confidentiality agreements in out-of-court legal settlements. We agree not to ever discuss how a court case was settled, or how much was paid to which party to settle the case.

Yes, homeowners do have the right to sign away their rights, and that’s exactly what happens when you sign those HOA documents. But why don’t left-wing or right-wing activists raise cain about the excesses of rogue Homeowners Associations?

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

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1 Comment

Filed under HOA, Homeowners Association

One response to “Opposition to HOAs: Conservative? Or Liberal?

  1. p

    Some do. I email my legistlatures all the time, but so many are attorneys, and the attorney lobbyists are powerful, and so are the CAM associations. Also, they want to protect the Realtors, and the real estate values in their districts, so they won’t call attention to the problem. They are kicking the can down the road. Even the homeowners who are frustrated do not want to call attention to problems in their own neighborhood for fear of losing the ablility to sell. It is a conundrum. I value freedom more than the value of my house.

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