The principal is that someone should be free to build on their land as long as they don't create safety issues or significantly impose on someone else.
Democracy at worst can be mob rule. Principals are important.
Japan does a good with federal zoning regulations. It's not impossible.
I agree.
> existing near someone can have effects that are easy to justify in court
I had the impression this was a "mob rule" problem, that local voters were voting for zoning laws that limit the quality and quantity of new housing. I admit to not understanding the legal or moral justification. It just doesn't seem right to micromanage others to the extent that occurs today.
There are other countries that are much more flexible, like Japan [0]. Instead of single family single use zoning they start with three story multi-use housing. Some places in the U.S. are moving in this direction.
> decreasing or limiting increase on future land values
That can be flipped around. Someone who opposes new housing is taking value from the people who could have made use of that new housing, had it been allowed.
The recent lawsuit against UC Berkeley is a great example. A handful of cranks angry about UC Berkeley admissions abused an environmental review process to impose their will on their town. Not the will of the majority, but rather the tyranny of the most rich and petty.
0 - I prefer the term “tyranny of the majority”.
The fascinating thing about HOAs is that they’re all done under the guise that they “improve property values”, but I’ve never seen any evidence that this works. From my geographic location it seems like non-HOA factors drive prices (supply, demand, neighborhood location and nearby amenities like transit and shopping), not whether or not the neighbors flower bed matches the “neighborhood character”[0]. From what I see it just seems to let petty tyrants control their neighbors; the property value argument seems like a transparent excuse.
0 - You see this phrase a lot in zoning discussions and it makes me feel like I’m taking crazy pills. As if neighborhood character is a concrete thing that can be pointed to and protected, rather than a constantly changing and emergent result of the humans living in a place.
Some people like not worrying about stuff and having rules in place.
It’s all about the freedom to choose
For my house I decided not to buy in an HOA - missed out on some amenities for sure.
I'm not sure what to make of the choice part here. Once an area is under an HOA it's almost impossible to dissolve the HOA. Anecdotal evidence from my own HOA which my wife was president of for many years shows that only very few people get involved. The people who do get involved tend to be of the type who want to overreach. When my wife was president she probably spent more time trying to bring the other folks involved in the HOA back to what's reasonable. Fortunately management companies also help with this. I'm afraid that without management companies most HOAs would devolve into attempts to build a miniature fascist state that only would be stopped by prolonged court battles.
Also, depending on your state it can be very hard to avoid a HOA. If you're buying a home in California, Colorado, or Florida you've got a 2/3 chance of buying into a HOA, with the numbers getting worse over time. 2/3 new homes being made now have a HOA, so pretty soon you won't have an effective choice when buying.
Not all HOAs have infrastructure to maintain. I know a few people in neighborhoods with HOAs that don't have private roads or facilities for the HOA to manage, it's just purely there for property value.