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Free Market

web site notice:  this section will be undergoing major revisions as I get around to adding content.  July 26, 2011.

An Irony Curtain has descended across America.

One of the most cherished free-marketeer ideals, governance by private corporate contract, has failed horribly, resulting in
a spectre of Communistyism that currently oppresses 60 million Americans and is haunting the rest of the land.

Why have the self-proclaimed champions of individual private property rights become apologists for a system dedicated to the collective ownership of American homes?

Do individual homeowners knowingly consent to be abused and make their homes forever collateral to whatever debts and liabilities the HOA creates?  Do they actually choose
to accept all of the burdens, obligations, and responsibilities of home ownership with almost none of the rights?

In this section, I will discuss how municipal mandates have resulted in a massive distortion of the housing market, often leaving consumers with little choice but to live in an HOA.

Check back later.

But until then, if you're one of those people who believes that the growth of HOAs has been demand driven by consumers, you should familiarize yourself with "The Public Role in Establishing Private Residential Communities: Towards a New Formulation of Local Government Land Use Policies That Eliminates the Legal Requirements to Privatize New Communities in the United States" (PDF) (Urban Lawyer.  Fall, 2006) by Steven Siegal  -- not to be confused with action star Steven Seagal, who recently had a dispute with his HOA.

A table of contents, which was not published with the original article, is available here (PDF).

Since it's a rather long article (if you can't tell by the title alone), you just might want to listen to an interview with Steven Siegal at OnTheCommons.net (April 28, 2007).

Or just read this:

How do cities mandate or require community associations?
Many cities require that all new construction must be in CIDs.  They do this in several ways, but the most common takes advantage of PUD zoning. Cities have planned unit development zones where housing is exempt from setback and other density requirements.  Developers want access to PUD zones to obtain higher density and thus higher profits. So, the City requires all development in PUD zones to have certain features (open spaces, landscape vegetation, perimeter walls). They, the City requires that there must be an entity  to maintain features in perpetuity. HOAs are the recommended option.
Result: the City in effect mandates HOAs in all new construction within PUD zone.
source:  EvanMcKenzie.com