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HOA primer- start to controversy

Apr 23

2 min read

📜 The Origins of HOAs

Early Formation and Rise of HOAs (1900s–1970s)


1910s–1930s: The Seeds Are Planted

  • The idea of planned communities with deed restrictions and architectural controls began in elite developments like Palos Verdes (CA) and Shaker Heights (OH).

  • These early HOAs were mostly private enclaves for the wealthy, designed to maintain a certain aesthetic and exclude certain groups of people (via race-based covenants, later banned).


1930s–1940s: FHA & Racial Segregation

  • The Federal Housing Administration (FHA), created during the New Deal, started subsidizing suburban development—but only if homes adhered to certain restrictions.

  • These covenants were declared unenforceable by the Supreme Court in Shelley v. Kraemer (1948), but their legacy lingered.

  • The Fair Housing Act of 1968 later made such discrimination explicitly illegal.

  • FHA guidelines encouraged racial homogeneity and discouraged integration, often requiring racial covenants in order to qualify for financing.

  • HOAs became a vehicle for enforcing these restrictions, ensuring the neighborhood met FHA’s “standards.”


Post-WWII Boom: 1950s–1970s

  • After WWII, the U.S. saw a massive housing and suburban explosion, driven by returning GIs and government-backed loans.

  • Developers built entire subdivisions at scale—like Levittown—and began using HOAs to govern the community after selling the homes.


Government Encouragement

  • During the 1960s–1980s, local governments encouraged HOAs as a way to reduce the public burden—developers and residents would manage infrastructure (roads, parks, etc.) themselves.

  • This led to a boom in private, self-governed communities—essentially mini-governments with the power to tax (through dues), regulate, and enforce rules.




🔥 Why HOAs Are So Controversial

Power & Control

  • HOAs have government-like powers without the same checks and balances. more calls for democratic governance and limits on unchecked board power.

  • Boards are often made up of volunteers with little training, yet they can make binding decisions and control significant funds.

  • They become a de facto investor in our home investment.

  • Conflicts often arise around aesthetic regulations, political signage, solar panels, short-term rentals, and other lifestyle choices, reflecting broader cultural and political divides.

  • Technology and outsourcing management to professional companies, a dominant feature to streamline operations, leads to reduced homeowner involvement.


Inconsistent Governance

  • Rules and enforcement vary wildly, leading to claims of bias, favoritism, or abuse.

  • Some are well-run, while others are chaotic, overly strict, or even hostile.


Property Rights

  • Critics argue that HOAs infringe on personal freedoms—telling you what color your house can be, what flag you can fly, or how tall your grass can grow.

  • Supporters say they protect property values by maintaining neighborhood

  • standards.


Legal Disputes

  • HOAs are involved in a lot of lawsuits—either against homeowners or by homeowners.

  • Controversy and litigation are rain makers of attorneys.

  • Foreclosures over minor infractions or missed dues can feel extreme and unjust.


 Financial Transparency

  • Some HOAs are criticized for poor financial management and lack of transparency about how assessments are spent.

  • Corruption and embezzlement, while not common, have happened.


⚖️ Mixed Public Opinion

  • Disagreements on the “value added” proposition- both objective and subjective value.

  • Some people love HOAs for the security, aesthetics, and amenities they offer.

  • Others see them as overreaching, petty, and authoritarian.

  • In some states (like Southern Nevada, Florida, Texas, and Arizona), HOAs are almost unavoidable.

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