2024 HOA Reform Coalition Survey

1. Among homeowners in your district, would you say that many believe associations have too much power over homeowners, and that some associations abuse those powers, including the powers to foreclose and powers to regulate private property more intrusively than cities can do using zoning? {Yes}

2. Do you agree that homeowners deserve protection to prevent associations from seeking to foreclose over small debts? {Yes}

3. Do you agree that homeowners deserve protection to prevent the transformation of small debts into large debts, when associations impose unreasonable collection charges, or when lawyers impose thousands of dollars in legal fees? {Yes}

4. Do you agree that lawyers, property managers, and other officials of associations should be more accountable to homeowners, including by making it easier for homeowners to obtain information (on the Internet or otherwise), holding more open board meetings, and with term limits for directors? {Yes}

5. Since almost none of the few laws that seek to limit association abuse impose any penalty for violations, would you support adding teeth to laws that protect homeowners, including a penalty for significant violations? {Yes}

6. Do you agree that all association regulations, including those that regulate the use of a homeowners’ property as well as all fees and charges, should be reasonable? {Yes}

7. Do you agree that associations should not be allowed to interfere with the purchase and sale of property, such as by imposing large “transfer” fees? {Yes}

8. Do you agree that condominium owners deserve increased protections, similar to those that are currently available to those in subdivision homeowner associations? {Yes}

9. Do you agree that, where bylaws give rights to owners (such as to remove directors), those rights should not be reduced solely by the Board of Directors, without requiring a vote of all owners? {Yes}

Additional Comments:

Homeowner Associations (HOAs) often arise from the good intentions of maintaining property values and community standards. However, as a Libertarian, it seems to me that the increasing overreach of these organizations can infringe upon the rights and freedoms of private homeowners.

At their core, HOAs operate on a system of rules and regulations that dictate how homeowners can use their own properties. This can include restrictions on paint colors, landscaping choices, and even types of vehicles that can be parked in driveways. While some regulation can foster a sense of community, excessive oversight can lead to an environment where individual expression and autonomy are stifled.

Libertarians advocate for personal freedom and the right to make choices about one's own property without undue interference. When HOAs impose draconian rules, they can create a form of quasi-government that undermines the fundamental principles of property rights. Homeowners, having chosen to live in these communities, often find themselves at the mercy of boards that may not represent their interests. This can lead to arbitrary enforcement and a lack of accountability.

Moreover, the financial implications of HOA overreach cannot be ignored. Homeowners often pay significant fees for the privilege of living in these communities, only to find themselves facing fines or even legal action for minor infractions. This can place a heavy burden on families, particularly those on fixed incomes. The idea that one's home could become a source of stress rather than security is antithetical to the American dream of homeownership.

To counteract these issues, it is essential to increase the rights of private homeowners against HOAs. This could include measures such as limiting the scope of HOA regulations, requiring greater transparency in decision-making processes, and implementing stronger protections for homeowners against arbitrary enforcement of HOA rules. Homeowners should have the right to challenge HOA decisions, ensuring a culture of cooperation and respect for personal freedom.

Furthermore, the establishment of clear guidelines regarding what constitutes acceptable regulation would help balance community standards with individual rights. HOAs should focus on fostering community rather than enforcing conformity, encouraging a culture of cooperation and respect for personal freedoms.

While HOAs can serve a useful purpose, their overreach can threaten the rights of homeowners. By advocating for increased protections and clearer regulations, we can help ensure that the sanctity of private property and individual liberty are upheld in our communities. Homeownership should empower individuals, not bind them in a web of restrictive rules. It's time to reassert the rights of homeowners and promote a more libertarian approach to community living.