Comment by derefr | Hacker News Reader

Comment by derefr | Hacker News Reader

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The roads in a gated community are "communal property" in about the same sense as hallways are in an apartment building. I suppose you could care if someone is driving an oversized load through the community and so wearing down the roads; or if they're parking a car on the road that's leaking oil.

There's also noise and odor/smoke pollution. An HOA is pretty much the only mechanism to ensure that a group of people who don't smoke marijuana can band together to live in marijuana-smoke-free air. (Yes, some people smoke enough potent skunkweed for the stink to carry multiple houses away. No, the police don't care.)

Most of the things HOAs care about are indeed idiotic, though. IMHO, the HOA's right to dictate what I'm doing ends where my property begins. The point of the HOA is to control/constrain the externalities you have on other houses/communal properties. If you put a garden gnome on your lawn, there's no externality.

> IMHO, the HOA's right to dictate what I'm doing ends where my property begins.

Actually, the HOA’s right to dictate ends with whatever you agreed to by contract when you bought the property. And the HOA can enforce that contract in court, to the point of foreclosing on your home if necessary.

So, yeah, when you buy a house in an HOA, read those covenants before you sign. They are usually at the bottom of the 90 page stack of papers when you close.

There are two types of HOAs, right? There's the type where the property is itself "part of" the HOA from the start (because the HOA is built into the legal structure of the development); and then there's the kind where the HOA is just a contract you enter into independently from buying the property–and which, at least in theory, you don't need to enter into.

HOAs created out of regular separately-developed SFH dwellings are the latter kind, and what I was referring to in my previous comment. (I kind of forgot that the baked-into-the-property kind existed for a moment. Oops!) In the voluntarist kind of HOA, it really is up for debate where the HOA's right to tell you what to do ends, because ultimately the HOA's power in such a voluntarist contract derives from the other members' willingness to shun you, annoy you, or at most refuse to give you access to communal resources like tennis courts, for failure to comply.

So in an HOA is it more like a leasehold or a freehold? From my understanding if it is legitimately a freehold I don't see why they'd have any legal right to do shit to you if you told them to do one. It is very confusing. Why does some external force other than law enforcement have any legal right to tell you what to do on your own property?

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