I Love My HOA, Legal Basis, The Rule of Law

By Phillip Toomey, founder of www.ILoveMyHOA.com
If you want to love your HOA, then work with the Legal Basis of an HOA or Community Association, not against it. HOA’s and/or Community Associations are patterned after the most successful government organization of all time. HOA’s are patterned after a Representative Republic.

“We have grown accustomed to hearing that we are a democracy; such was never the intent. The form of government entrusted to us by our Founders was a republic, not a democracy.1 Our Founders had an opportunity to establish a democracy in America and chose not to. In fact, the Founders made clear that we were not, and were never to become, a democracy:” David Barton
A community association has three defining characteristics 1) Membership in the HOA is mandatory and automatic for all owners. 2) Certain documents bind all owners of the HOA. 3 Required annual assessments are levied on every owner to operate and maintain the HOA. A community association derives its legal obligations from several sources 1) The declaration, 2) the CC&R’s, or master deed, 3) The By-Laws and Resolutions of the HOA.
The purpose of the HOA is to provide a governing authority, and for business, and to enhance the community association of the owners. By having a central authority to administer, maintain, and enhance the living premises. Through this system of property rights, binding covenants and restrictions, and rules and regulations, the community and HOA are enhanced by living together in a orderly manor.
An HOA derives its legal obligations from several sources: Federal, State, and Local statutes, Regulations, Case law, Legal documents unique to the Community Association often called CC&R’s (Creeds Covenants and Restrictions). All this “Legal Stuff”, binds the association and its owners.

“Our Constitution places the ownership of private property at the very heart of our system of liberty…. The result of this business culture has been a prosperity that’s unmatched in human history…. Our greatest asset has been our system of social organization, a system that for generations has encouraged constant innovation, individual initiative and the efficient allocation of resources.”