April 02, 2004

Homeowners' Associations

Timothy Sandefur doesn't like them very much, even though he prefers them to zoning laws. In my previous law firm life, I represented several condominium associations, so I have some familiarity with the enforcement side of things.

As a matter of principle only, I prefer HOAs to zoning laws, but just barely. And for practical purposes, unless you can prove laches or inconsistent enforcement, it is likely easier to modify bad zoning regulations (simple majorities at the ballot box) than restrictive covenants that run with the land (usually requiring a supermajority or
unanimity to modify).

Posted by JohnL at April 2, 2004 08:51 PM
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