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Real Estate News and Advice |
November 13, 2009 |
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Web Site Chronicles Privatization's Unbridled Growth
by Broderick Perkins
The HOA enforcers explain that clothesline drying is associated with poverty and the unsightly habit reduces home values. The energy-saving practice is banned by 85,000 HOAs in energy-starved California. "No one should be able to sign away their rights to fly and display Old Glory," declared Gov. Bush who seeks a state law that would leave such ant-flag flying HOA rules twisting in the wind. "I'm not losing sleep over it, frankly," said Jeff Van Grack, a Bethesda, MD attorney who specializes in HOA law. "An HOA is a private entity and not a governmental entity and is not subject to the strict interpretation of the constitution," he said. HOAs aren't really out of control, it just sometimes appears that they are. What's more likely is that some of them are simply out of touch, lacking leaders with common sense or run by egos instead of rational people, but that does indicate HOA-governed housing more and more often warrants close scrutiny. "When the president's brother gets involved, the flag-flying issues tells you things might be coming to a head," said Fred Pilot, publisher of a new dot info Web site Privatopia.info, a wired window to the sometimes wacky world of "privatized" housing, a strategy designed to provide affordable housing, reduce the demand on the infrastructure and help streamline government. Pilot launched the digital monitor for privatized housing, because it is an inherently problematic strategy that's fast heading for public debate and ultimately, new public policy . Pilot is a former Novato, CA condo owner who now lives in a single-family home in Camino, CA. A student of local government privatization, he authored "Caveat Emptor: Before You Buy That California Condo" as founder and president of the now-defunct non-profit "Common Interest Consumer Project." He couldn't have picked a better time to launch the new site. Among other events, Privatopia.info will be available to monitor the Public Policy Institute of California's recently announced, year-long study of common interest developments (CIDs). CIDs, along with planned unit developments (PUDs), tenants in common (TIC) communities, coops and others are all distinctly different alternatives to single-family, detached-home-is-your-castle living. Physically, the homes can be town homes, condos even single-family homes, but they all typically come with prearranged lifestyles -- rules that are enforced by fellow home owners who, as the HOAs board of directors, sometimes rule with an iron fist, a velvet glove or a dunce's cap. Volunteers at the helm "It's like being a stockholder in a closely held, publicly-traded, non-profit real estate holding corporation run by volunteers," Pilot says. Typically constructed in higher-density developments than traditional single-family home subdivisions, HOA-driven communities are often part of the "smart growth" movement. The homes can help curb suburban sprawl which can place an undue burden on the upkeep an area's infrastructure -- streets, landscaping, utilities and other community features. Because the communities are continually financed by association dues-paying home owners, they can maintain their own infrastructure and take that much of the burden off the local jurisdiction. Also, the higher density housing typically comes with smaller floor plans, stacked units in multiple floors, and other designs to maximize use of the land, the housing is relatively cheaper than conventional single-family, detached homes. In some areas, HOA-governed housing is the fastest growing type of new housing. More than 50 million Americans live in HOA-governed housing and most of them are satisfied. The Community Associations Institute's "National Survey of Homeowner Satisfaction" study conducted by The Gallup Organization in 1999, found 75 percent of community association home owners very satisfied or extremely satisfied with their community. The survey also found that 85 percent of homeowners believe that property values in their HOA-managed communities were rising. Problems often crop up because home owners must not only adhere to the law of the land, but also the rules and regulations set forth by the special developments. The public policy institute hopes to begin to sort it all out. "The idea is to present a portrait of the trend and implications for public policy," said Tracy M. Gordon, a research fellow with the institute who is tackling "The Role of Common Interest Developments In California" a 12 to 18 month project. "Individuals are increasingly opting to live in common interest developments, such as planned developments, master-planned communities, condominiums, and cooperatives. These communities often resemble local governments in their scope of activities, yet they are not subject to the same public accountability and oversight as public entities. Findings from this research will help policy makers to decide among proposed policy options, including enhanced state regulation of common interest developments as well as modifications to local land use planning, zoning, subdivision, and permitting processes," the institute says. Meanwhile, Privatopia.info is a basic, but unique content site that keeps tabs on privatization's media coverage, public policy movement, publications, and discussion and interests groups. The site can be a valuable resource for the millions who live in the kind of communities Pilot says are on the brink of change. "I think it will be an emerging issue. It took off so fast. In 1970 there were only 10,000 HOAs and now there are 240,000. It's very big growth, but it was never discussed or debated. It just sort of happened," Pilot said. Published: June 28, 2002 Use of this article without permission is a violation of federal copyright laws. Related Articles:
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