A man ordered to hide his boat painted the boat on his fence
news.artnet.com
news.artnet.com
"When the town of Seaside, California ordered...." and "When the town of Seaside, California ordered..."
The city sees it as a violation of their municipal code; specifically: https://www.codepublishing.com/CA/Seaside/#!/Seaside17/Seasi...
I'm not a fan of HOAs; but, sometimes they're not to blame.
> D. Parking in rear and side setbacks. Operative boats and large pickup campers, motor homes, recreation vehicles, utility trailers, and vacation trailers shall be allowed to be parked or stored in a required rear or side setback in a residential district only if screened on the side and front by a six-foot-high fence. In these instances, the provision of adequate light and air to a neighbor’s window shall not be obstructed.
This would have never flew with an actual HOA with rules but the gullible internet is sucking it up.
https://www.irishtimes.com/ireland/housing-planning/2023/06/...
https://road.cc/content/news/cyclist-threatened-ps11-million...
https://dublininquirer.com/2023/05/24/while-cracking-down-on...
Is that how other countries perceive American's idea of freedom?
Can't get a decent sized bike down the alley, it's difficult to pull one through the house to the shed, and the entry hall already has a tandem in it, which is wide enough to step around.
OTOH, I could get a trailer and park it in the front, and that would be totally legal.
Now after a few months you can apply for a permit to have a bike shed, maybe the concil will be more tolerant.
People have been tolerating thousands of ugly eyesore vehicles that do not match at all with the architecture but crack down on small, well integrated bike shed. This is just hypocrisy and jealousy by people who refuse to evolve to a new, better world.
A few years ago, a local residents association protested and actually got blocked the opening of a daycare in an actual commercial space due to "traffic" concerns and, I literally quote "The heritage status of area properties would be “eroded” by the daycare use, he said, and the idea of plastic toys, jungle gyms and signage in pastel colours “truly distressing.”.
I fantasized about being a billionaire, paying whatever it would have cost to purchase the property, then opening a private "biker bar club" that would operate at insanely late hours and just paying any noise bylaw fines that came our way. I would have sponsored harley noise competitions at 3am and would have said that it's a pop up club that would end when the application for it to become daycare was granted. I'd have named the daycare "little trikes daycare" as a constant reminder.
But the HoA/council/government can often make your life hell by selectively over-enforcing other laws and taking up a lot of your time and/or money. If I were rich and retired, it'd be "fun" to pass the time (though I wouldn't want to live in such a community anyways).
https://www.thestar.com/news/gta/cabbagetown-daycare-proposa...
(It's a tall box, sorta horse trailer shaped, with benches on each side. Luggage goes underneath, 4 bikes go on the left on the bench, 2 on the right (including the tandem), with front wheels in the nose. We travelled around Europe with all our stuff in it.)
They don't want that trailer any more than anyone else does.
We then settled for a Muli https://muli-cycles.de/en/
I still sometimes think the Libelle would have been cooler but the motor is stronger on the muli and I'm very happy with it too.
I did a self build there and it was like every meddling old church biddy in the county got to have a say on what kind of siding I could have, which kind of trees I could have, and whether my fenestrations were appropriate. I'm still annoyed they couldn't comprehend the value of eaves.
Although, you also learn that some rules are OK to break. You can park your car on any pavement in the country without fear of a fine.
Footpath parking makes me unreasonably angry.
But then people do wear Crocs, so what do I know about taste.
The government in the UK (I know less about Ireland, but I think it is similar) might stop you building something but they do not do things like tell you what to grow in your garden and to what height the lawn should be mown, how you park etc.
(The painting looks slightly nicer than the actual garbage bins.)
Guy removes flag and erects clothes line with tacky garments from thrift store. HOA cannot prohibit this. Guy compromises by offering to replace flag with slightly smaller version. HOA reluctantly capitulates and clothes line is removed. Flag flies.
[1]: https://www.codepublishing.com/CA/Seaside/#!/Seaside17/Seasi...
This is the law in question. It's likely because it's considered unsightly.
Often the ground is mostly bare with some weeds along the fence.
Give me cliche picket fences any day. Even stone fences.
Yes, I'm familiar with the scene you describe, but that is a small fraction of the places I have seen with chain link fences. In fact, regarding the barking dog, in my experience it is the solid wood fences with dogs inside that will not shut up because they can only hear but not see what might possibly be intruding. This is why it is common to cut access holes for the dogs to see out to realize there's nothing to bark at. I've seen versions from slits cut into the boards all the way to portal domes around the fence line.
Installing cyclone/chainlink today looks cheap and is cheap and gnarly looking. It's like people who build a "deck" and use the cheapest materials --it looks awful. Chainlinks is for used car backlots and train depots, not yards.
Pickets, vertical redwood, post and rail, even welded wire look way better than chainlink. I'll take a waddle fence too while we're at it. Chainlink is cheap and looks cheap. Worst is people do not maintain them after installation.
While at root a General-Law City it's entirely possible for the five-member City Council to have at some point in the past passed policy directives that are akin to those that might come from a HOA.
Seaside City Council also serves as the board of directors for the Redevelopment Agency of the City Council ... and "Redevelopment" can easily code for "we have a strong vision of what our town|small city should look like".
> What is the possible reason for such an ordinance that would not also apply to a mural?
If such an ordinance exists to hide 'unsightly' cars | boats behind a fence then it's possible that when it was drafted and passed in (say) 1960 (?) no one thought to specify a tight restriction on the paint job on any fence ...
"In any sufficiently complex set of rules, there's always a loophole."
~ Kurt Gödel, homeowner.
For detached housing, it's all the city and bylaws. Bylaws might cover common nuisance laws, such as having a bunch of rusted cars on the lawn, or having your lawn covered in dog feces. Both of these are often covered under pollution, if you live in a rural area on a well, dog shit runoff can contaminate a well. And rusting cars often have old gas and oil and other contaminants, same logic.
But realistically, these laws are also passed because "unsightly".
One difference between an HOA and a city government, is at least in Canada democracy is involved. Especially smaller city governments. I've noticed larger municipal governments aren't as democratic, just due to the size and scope of things. For example, knowing your mayor on a first name basis, in a municipality the size of <10k people, is different than a mayor of a 1M+ city.
In the smaller case, you often have the mayor's cell phone number and email, and your councillor's, and you just.. you know, talk to them.
The same thing could happen with HOAs
https://news.artnet.com/app/news-upload/2024/05/etienne-cons...
What was the “trick”? In paraphrasing, the author some how glosses over the fact that the curtain was in fact a painting.
Do you have a direct link to the file?
There is a lack of freedom in the US, but it’s not from HOAs.
Interestingly the most freedom I’ve ever felt was in Congo. The government there simply doesn’t have the resources to be pervasively and consistently present in its citizens lives. Of course you trade that for enslavement to crushing economic circumstances, so maybe this is one for Plato to solve.
That doesn't inherently mean HOAs are wrong in my book but I can also see why folks don't like to say you're free to pick in that there are certain useful forms of the meaning of free that aren't present. The trouble in terminology is that might not align with everyone's default interpretation of what free means when they talk about it. It reminds me of topics of "free speech" where you have some literal absolutist that mean any speech should be allowed and the more typical approach which means more or less "mildly restricted speech" where what is restricted is often assumed to be the same but is often subtly different.
Ironically, this is the land that screams "freedom" at every opportunity they get :-)
I tell my wife that if we ever decided to move stateside, and think of buying a house, it must be an independent house that is not part of any pesky HOA BS.
This scales up to the world of business, it's really a dog eat dog system, the most anarchic system in the world I'd say. While simultaneously being very undemocratic in each individual cell of influence and power, depending on who is in charge. I'd be willing to bet there are HOAs in the US that are very democratic and hold regular meetings where every member is heard and has influence. Maybe in oregon... ;)
Simply put, if you want consistency and fairness imposed then you need bigger government. But even that couldn't change the mentality of the United States citizenry. We have bigger government in most of europe, for better and for worse. It doesn't solve all problems but I still prefer it.
There's even privately run versions of it like the Irvine Company, which built centrally planned cities by a board of unelected bureaucrats - but you see that's privately owned, so it's great! Just don't call that the "g" word otherwise the blood vessels in many Americans foreheads are likely to pop while they scream about public libraries and the post office being a communist menace.
There is just no sweet way to sugar coat it for them.
As an amateur anthropologist I can't help but wonder where this hard line mentality stems from. Because you can draw parallels with Australia, being virgin land, colonized very recently, vast spaces, but when they had a massacre and decided to take everyone's guns away, they were met with very little resistance.
So clearly there seems to be some difference in the mentalities of people between Australians and Americans. US Americans are truly a unique breed.
In the US, after the radical republicans and proto-communists fled europe in 1848, they came to the US and helped form the republican party which led to a civil war which was fundamentally about worker's rights. After that there were decades of skirmishes and unionization pushes that are celebrated everywhere but in the US (such as May Day). There were radical anarchist and socialist led efforts that brought about the 8 hour day, minimum wage, and weekends through armed violent struggle.
This led to the professionalization of police (example: https://en.wikipedia.org/wiki/Coal_and_Iron_Police) and the earliest propaganda outfits which came out of WW1.
Anyway, fast forward to after the war, the right wanted to not deal with that for another 100 years so they got to work on trying to flip the script. (for example, https://en.wikipedia.org/wiki/Foundation_for_Economic_Educat...)
Clergy went from left wing to right wing, rural people went from bomb throwing anarchists to flag waving conservatives, the american spirit that led to the Burlington, Haymarket, and Railroad strikes, Battle of Virden Mines, Pullman Strike, Colorado labor wars, blair mountain, Harlan county war, all of these were redirected - redirected to scapegoats; women, government, gays, immigrants.
For instance, modern country music came from folk music, which had a bunch of left wing songs (such as https://www.youtube.com/watch?v=VzvH5UZVQU8 or pre-ww2 folk singers like https://en.wikipedia.org/wiki/Joe_Hill_(activist) ). It was re-invented, intentionally, as troop-worshipping, flag waving super-patriotism.
It looks so weird as an outsider because it's a manufactured flip. The fundamental culture didn't change, it's just that propagandists can communicate their lies faster and more convincingly than those who constrain themselves to material reality.
Scammers win because they're trying to convince, while honest people are trying to have integrity.
I do.. it is the canonization and highest wish of all the what we call a https://de.m.wikipedia.org/wiki/Spie%C3%9Fb%C3%BCrger in Germany :D
"A Spießbürger is a derogatory term for a narrow-minded person who is characterized by mental immobility, pronounced conformity to social norms and aversion to changes in the usual living environment."
Look, a man with a duck on his head
We Germans have a word for that: Quacksalberaufdekopfmann
Further especially that word few germans could tell you why it is called like that:
Spieß is spear, so Spießbürger/Spießer is just a spear citizen, or a speary?! ;)
(One explanation is the medieval simple citizen that could not afford a better weapon than a simple spear. Not even sure if the only explanation attempt though..)
https://www.rbb24.de/panorama/beitrag/2024/04/berlin-hostel-...
They became popular in the US as a means of redlining - early ones overtly stated which race of people were allowed to live there. That practice was banned, so now there's just a residual tendency to extreme conformism as a way of keeping out "undesirables".
I suppose it's the same way that the idea of gated communities and redlining became acceptable. I live near one which once was such a place. While their online history has been written up to abhor their regrettable past practices, they still maintain a very large lakeside park that you need a keycard to get into that costs a pretty penny each year.
They can't afford a manor in the country, poor things.
HOA = Homeowners' Association
Hide a boat in a boat.
Well one thing is you can walk around the house and see what it's like yourself; and you can hire a professional surveyor to catch all the things you wouldn't catch. But you can't tell what the HOA is going to be like -- how much their ideas of what goes and what doesn't go will match your own (and how strict the rules are going to be enforced). A mismatch either way (minutely enforcing tiny rules you don't care about, or refusing to enforce major rules you do care about) is likely to be the source of friction.
Actually reading through the article, it doesn't look like the guy thought the rules were stupid -- mostly he thought it would be a fun way to comply.
Put plainly, this is the freedom to form groups that govern the behavior of their members. A group could be a dinner party, a study group, a book club, a circle of friends. It can also be much more serious. It could be a corporation, a union, a church, a political party, or a religion. Or it could be an HOA, or a town, or a state. If you like one or more of those types of groups then it is important to protect the freedom of association, even if you don’t like any of the others.
Every group has rules, even the most informal. When you invite your friends out to dinner you probably don’t sit down and vote on the exact rules your dinner party will follow, but your party has rules regardless. And every group punishes violations of the rules somehow. If you get drunk and dance naked on top of a table, then you will suffer some form of sanction by the other members of the dinner party. At the very least you probably won’t be invited back. More formal groups like HOAs, corporations, and towns tend to have written rules and proscribed punishments for violations. They also have built–in ways of changing those rules.
Ultimately some HOAs are useful while others are petty and run by vindictive idiots. An HOA that was useful for 50 years and never created any drama could turn bad next year when they elect some new board members. An HOA that is bad today _could_ elect new board members and then become drama–free and stay that way for 50 years, even if it seems unlikely. People who end up in a petty HOA usually regret it, and come to see joining any HOA as a big mistake. People in a sane HOA often wonder what the fuss is about.
But here’s the truth: true freedom includes the freedom to make mistakes, even big mistakes.
The freedom of association allows us to join any group we want, but sometimes joining will be a mistake. You can’t prevent people from making those mistakes without limiting their freedom. You can’t even reliably predict which mistakes they’re going to make, so you would end up preventing them from doing things that wouldn’t be mistakes too.
You are often not buying a piece of land when you move to a HOA-linked residence, rather you can be buying a particular unit, but there are also 'common areas' that are the property of the legal entity of the HOA.
If you do not want to be part of an HOA then you have to purchase what is called (at least in Canada) freehold land.
> While most people hear the word “condo” and think of an apartment style unit, that’s not always the case. Some townhouses (and even certain detached homes) are considered condos too.
* https://teamkate.ca/difference-freehold-condo-home
* https://www.squareyards.ca/blog/freehold-vs-leasehold-regart...
* https://wowa.ca/freehold-meaning
* https://en.wikipedia.org/wiki/Freehold_(law)
If you do not want to be part of an HOA tell your real estate broker that this is one of the criteria for where you want to live.
In those situations the HOA could be seen as government imposed rather than purely “freedom of association”.
I own a 100 year old home so there is no HOA but it’s difficult for most people to afford such homes since there’s a limited supply and they’re often either in highly desirable or blighted city centers.
Yes, tell your realtor "I don't want to look at any of the properties you have for sale, or any properties within the greater [insert city here] metro area, or for that matter any geographical location within 100 miles of here". He'd look at you less strangely, and might even chuckle instead of telling you to go fuck yourself and to not waste his time.
And the best part of all is that these two requests are essentially identical.
I would never consider any house encumbered with an HOA, and I would fire any realtor who ignored my wishes by showing one - but it's never been an issue, here in Seattle.
Local laws supersede HOA rules where they conflict and often cause “grandfathering” when HOA rules change. For instance, my condo board tried to get me to remove my grill. I pointed out that nowhere in the condo bylaws was a grill mentioned. They said something about city fire codes, so I got a note from the fire department. They were unable to force me to do anything.
HOAs in my city have passed rules saying owners may not use their condos for short term rental. But my city law says that changes do not apply to people who owned their rentals before the rules changed. So new owners may not but old ones still can.
Rule of law still applies, and everything is agreed to when you buy the property. You could simply buy a home outside of an HOA, so this is, squarely, freedom of association.
Nobody was implying that other countries do not have this freedom, in fact, he said the fact that they do is why he did not need to justify it.
This. I live in a drama-free HOA and appreciate it for what it is and does. I had to review and agree to the covenants of my HOA as a condition for closing. The rule most likely to be in violation here is something along the lines of “only operational automobiles in good condition are permitted to be parked in the driveway; any boats, recreational vehicles, broken down or unsightly vehicles must be behind a fence”. The whole point is to maintain a clean, safe, attractive, and ultimately desirable neighborhood so as to protect property values on behalf of the association’s members.
Although this homeowner’s actions are characteristic of malicious compliance, I believe the net effect is precisely in line with the stated purpose of the HOA: in compliance with the rules, an elegant mural depicting a pristine boat now adorns a new fence that restricts sight of and access to a boat of unknown condition. Anyone driving by looking to buy might come away with a chuckle and the sense that the neighborhood is committed to maintaining a safe and attractive environment for homeowners.
In many jurisdictions within the United States, an HOA can assess fines for exceedingly trivial violations, then after the fines remain unpaid for a time period as short as 6 weeks, file to sell your home at auction to pay the fees. They can take your home from you, evict you from it, and this is deemed perfectly legal. Do they have to provide proof, for instance, that your grass was actually one half inch too tall? No, there is no adversarial process where they would have to prove that were the case.
> I pointed out that nowhere in the condo bylaws was a grill mentioned. They said something about city fire codes, so I got a note from the fire department. They were unable to force me to do anything.
It must be very thrilling to be able to be an amateur lawyer and win a case. Have fun, because those people tend to hold grudges. My experience is that you'll never have a week of peace for as long as you live there again.
This is very idealistic, but not quite how it works. HOA boards can and do constantly violate with impunity the rules they are supposed to follow. Most often to embezzle funds but also to enforce their personal will.
You can contest this of course, you can go to court. It takes pretty deep pockets to pay for lawyers and years of persistence. I know multiple people in years-and-years-long legal battles with HOAs. Those who have enough money to see it through often usually win, but it takes a lot of patience and money. Most people don't have that kind of cash to blow on fighting corrupt HOAs.
I've never understood why we allow that to be legal, just like neighborhoods or complexes that are age restricted, but we allow it none the less.
It’s the freedom to choose an HOA, or alternatively, anything else you like.
Also, while HOAs might make decisions stupidly, I don’t think they do it randomly.
to compare with europe: as far as i know germany or austria don't have the equivalent of a HOA, but what is allowed and what isn't is defined by local law. the closest example i could find are rules a landlord is allowed to impose on their tenants. for example, if i rent a house with garden, then the landlord can demand that i take care of the garden, but they can not specify how often i am supposed to mow the lawn or how high i let it grow.
if not even a landlord can make such rules for their own property, then a HOA would have even less chance to make such rules for homeowners.
that said, local laws can be quite far reaching, especially when it comes to aspects that affect the character of a neighborhood which includes rules on the outside design of the house and the front yard. not something i am happy about myself. beyond that these rules are mostly about things directly affect and cause problems for the neighbors. otherwise a homeowner has the right to do whatever they want on their property.
as for the freedom to choose an HOA. no such freedom exists. because my choice of where i live is not defined by the HOA but by other considerations like location and cost and most importantly, availability. the argument that i could have moved somewhere else if i didn't like this HOA is not really reasonable given the housing shortage in most places.
the right to live somewhere trumps the freedom of association
A fun John Oliver video on how corrupt HOA's are: https://www.youtube.com/watch?v=qrizmAo17Os
I see a dichotomy of "associations with oversight" and the converse (associations with no oversight). If your HOA forces you to build a fence, there is no appeal process similar to if a government entity charges you with a crime (e.g. appeal to a state/federal circuit court and ultimately to a supreme court). Within each is an enforcement mechanism that may or may not work. In your dinner party example, which is an association with no oversight, a naked table dancer may simply crash the subsequent gatherings. In all levels of government, there are those who continue to hold their position regardless of the misdeeds and accusations levied against them.
Perhaps that is the essential trade-off of freedom, to be free to associate with any group of people despite the possibility of being victimized by them (now or in the future).
Would it be better to compare current, non-totalitarian governments, such as EU, Australia, or the like? It kind of sounds disingenuous to use extreme examples. (No dig to you or your opinion, just don't see how using those examples helps.)
A tech analogy comes to mind. We freely choose to host our workloads in a Server Owner's Association (sorry, cloud service provider), and we take on the risk that the provider may change the offering and impose restrictions that we don't like. They will tell us that we are free to leave at any time, but switching clouds can be non-trivial to say the least, leaving us feeling trapped and decidedly unfree.
The freedom to enter into private contracts is the freedom to bind oneself.
I've seen corporate firms that run HOAs professionally where they run a much more proactive/activist HOA, but in the case of my neighborhood we didn't like the results so we fired them. It was too much hawkishness about rules and the fees were heading through the roof. The more leisurely neighbor-complaint model seems to work better unfortunately. It's more efficient, even though it's quite a cowardly system if you ask me. It's better than the alternatives such as having anarchy.
And if all that is too tiresome then yea, sell your property and buy a house that isn’t in an HOA. Most houses aren’t.
Selling your house and buying a different one that isn't in an HOA isn't as trivial as you make it sound. And in some parts of the country, it's rather difficult to find a house that isn't part of an HOA - in Texas, many neighborhoods get built with an HOA built-in.
I’m sure this is true nationally, but does it hold locally for areas with good employment prospects? And once you remove apartments (which don’t have HOAs but are subject to the tyranny of the landlord instead)?
Genuinely asking because I can’t think of too many areas in NoVA that don’t have HOAs.
Correction… There are areas of older housing without, but any subdivisions built since the 80s seems to have one. The areas without tend to be older “downtown” areas (Arlington - very expensive) or on the outskirts (Fairfax Station - very expensive).
We used to have local government deal with local governance. But local governments decided they didn't want to do that anymore, so they started encouraging the creation of HOAs to deal with all of those pesky local governance issues.
If all thar mattered was free association, the fix would be very simple. Enshrine into the the right to leave an HOA. But states won't do that, because once people leave, they will except their local governments to start providing the same services the HOAs do, and all of those local governments are going to complain to the state government.
So, I had to choose between 1) Spend 30 years paying the mortgage for a house no one can use. 2) Turn around and sell the house I just bought.
I'm pretty sure that freedom of association is strongly tied to being able to quit the association freely. I don't think that the condition of having to change home to quit an association is a reasonable term.
This is somewhat counter-intuitive because one might think that if e.g. every resident of a nation had to obey a singular and simple set of national rules, that would promote freedom more than having governments and rules differ between regions.
I wont go deeply into the underlying mechanisms of why the more chaotic choice promotes freedom while the more orderly choice reduces freedom but it has something to do with organisations competing for members and members being willing/free to move between those organisations.
[1] HOAs, school districts, unions, chapters, guilds, bars, insurances
and i am not buying the whole argument. if we accept a hierarchy of governing structures, from the HOA at the bottom, and let's go all the way, the united nations at the top, each level has a a certain set of responsibilities and powers. the difference in the levels is determined by how centralized or distributed those are. but there is no escaping the levels.
the problem is that it is unclear who is responsible to deal with overreach. in the US HOAs are largely unregulated, and so there is no protection against overreach. and in particular, they are not government but private organizations.
i am of the opinion that mandatory membership in an organization makes that organization an extension of government, and thus it should be bound by the rules local governments must follow.
Do we do so by smashing HOAs (and giving the responsibilities to someone else)? I believe this is the wrong approach because it will destroy any potential for this localist (and thus inherently good, imo) system to heal. You're basically passing the baton onto another entity that might do a better job off the start but will inevitably fail because it is even less capable of evolving.
I'd rather try to discourage rigidity/complacency and incentivise innovation in the HOA-space which is much more complex to implement but better than smashing HOAs.
Regarding your point about "not buying the whole argument": I think it would be foolish to organise a military or pandemic-prevention-force on a municipal level. The levels need to exist and some higher levels have responsibilities that the lower levels don't have. I absolutely believe that this is good.
In conclusion, somehow communities of a certain region need to be organised if they want to be organised, especially when the region is densely populated. I'd rather organise these communities through self-emergent associations than top-down mandated government. And yes, the self-emergent association-type HOA is broken. I'd rather fix it than replace it with a inherently worse alternative.
All hail Singapore!
Any legal system always has to balance individual liberties and the tyranny of the majority (or a law-giving minority).
> An HOA that was useful for 50 years and never created any drama could turn bad next year when they elect some new board members.
That's why countries for instance have constitutions, so the system is hard to change even when someone new takes power.
> true freedom includes the freedom to make mistakes, even big mistakes.
That's pretty much the reason why we don't have "true freedom" and we want to stop people from making really terrible and easily avoidable mistakes, like eating food that kills them.
Limiting HOA against petty bullshit requirements (with more freedom for an initial set of bullshit requirements) at least is one of these limitations.
The usual remedy to protect people from freely making the mistake of entering into associations that harm them is regulatory, of course.
Employment regulations place certain rules on what you can expect when you choose to throw yourself into association with a company as an employee, to prevent you accidentally finding yourself at the whim of an abusive employer.
Regulating what kinds of things HOAs can demand is a perfectly reasonable thing for governments to do to make it safer for people to purchase houses with confidence they won’t be subjected to egregious restrictions.
So we do end up limiting freedom of association. You can’t join up into an HOA with your neighbors that bans any of you from selling your house to a black family.
That is, if your only option is to buy a house within a HOA or not but that house, you're not really free...
Philosophically, freedom has, among other dimensions, the dimension of negative and positive freedom: being free from something and free to do something.
Freedom usually refers to individual rights against the state. Freedom to have private contracts is part of what distinguishes socialism from capitalism.
What you describe regarding group associations is correct. Others are correct, too, when they appeal to freedom as the right to be spared from something.
Freedom to form groups does not mean being forced to join them. That's the point here. HOAs are partly like cartels, in my view.
When you have an HOA with regular single family homes, it generally has to have been setup by the contractor, who build the entire planned community. These mass produced planned communities are also typically cheaper and lower value than individual one-off single family homes, as they are built to a price point for a profit.
There's some very significant differences between freedom to associate in a book club and freedom to associate in an HOA. If you don't like a book club, there is no scenario in which you are contractually obligated to join it and pay membership fees indefinitely. And the bookclub doesn't have broad legal authority, backed by the courts, to dictate how you maintain, use, and sell your personal property or even aspects of your lifestyle.
Freedom isn’t the same as lawlessness.
Also, if your neighbor asks you to vote to create an HOA, vote against it.
You are free to not buy the land of course.
Legally speaking one is often not buying the land but rather buying the unit. The land on which the unit sits is owned by a corporation (HOA), and as a condition of the lease you must abide by the corporation's rules.
* https://en.wikipedia.org/wiki/Leasehold_estate
If you don't want to live by an HOA's rules then don't live on the HOA's land, but rather your own land:
I don’t think anyone would argue with their regulation of common property; it’s their petty interference in private property that’s the rub.
Others understand freedom from the perspective of the individual. Americans understand freedom from the perspective of the state.
In the first case, you're free if you can practically do something. In the second case you're free if the government doesn't ban it, regardless of whether you can actually do it.
Take for example the issue of ads on Smart TVs. There's no law that says you have to have ads on them, but in practice it's impossible to buy a TV which doesn't flood you with ads.
People in the first case consider that if a law is passed to ban embedding ads on TVs, then that increases the freedom in the world. Americans consider that banning such ads is a horrible government overreach which hurts the feelings of poor billionaires, and that if people want, they can always buy TVs with no ads, even though no such TVs exist.
They prefer an imaginary freedom to a practical one.
By the same logic, how about a freedom for the government to limit your speech? Now censorship is freedom and free speech is a restriction.
I don't like HOAs, but the ability to form or join a HOA is definitely a part of individual freedom.
Just like the ability to eg enter into a non-disclosure agreement or any other kind of contract.
In low-trust societies you wish for an HOA and would gladly pay 10x your property tax to be in one that has rules and enforcement teeth.
Even something as simple as forcing the guy who keeps smoking and talking on speakerphone next to your window from 4pm to 1am to stop doing that.
In contrast, here in Mexico (where I am from) you need a HOA (or the equivalent) to avoid all sorts of crazy neighbours. From people blasting music and shouting at 1am, people leaving their trash out in the sidewalk permanently, parking their cars in front of your garage. To really making dangerous modifications to their house that will undoubtedly affect their neighbours.
I interpret such actions as what to normally expect in a lower trust society and culture. We pay for such settings in many different ways.
And never mind that the main value add of leaf blowers (over the traditional rake) is to coat your neighbors with debris and dust, thus necessitating even more cleaning (inside too, if they dared to have their windows open).
Also I'd say it's your characterization of freedom that is a narrow misunderstanding. I'd define freedom as the ability for individuals to make their own choices in the presence of society. Being the only person for miles and thus being "free" to do whatever you want isn't some sensible ideal of freedom, rather it's a pathological case that has made freedom irrelevant. In other words, freedom itself directly depends on tolerance. And by the time a city is forcing someone to build yet another ticky-tack fence to hide the mere sight of a perhaps-ill-advised boat it's clear that there is very little tolerance aka respect for freedom.
If I buy a house in a nice neighborhood and I pay extra because it's a nice neighborhood - I want to know that everyone has some standard of maintenance.
Surely in the individualistic land of the free, it should be a fundamental right?
Note: I'm using phrasing local to me, I expect there may be minor differences but the same gist.
This goes back to the construction company/realtor investing to build the entire suburb and putting down the roads and such.
You have the right idea, but there isn’t a contract that a buyer has to sign.
A restrictive covenant is attached to a property when a developer (e.g., of a condo complex or subdivision) deeds a subject property to an initial buyer. The restrictions “run with the land” and are enforceable against any subsequent buyer. (The restrictions are a public record kept with the county recorder, so any buyer is on “record notice” whether they actually knew about them or not.)
Also, the way most HOAs work, there is no joining just as there is no opting out. You are a member if you own a subject property. That’s it.
I mainly know about California, but it should be similar in other states.
We don't have that concept in my country. Or, we do have associations that make it so that houses in an area share the upkeep of communal stuff like a park, playground, organize events etc. All things I would think a "normal HOA" would be, but without the ability to impose fines or stuff like that. So I would feel a house with that kind of neighborhood here would be a net positive, as in costs can be shared among more.
Always remember: If it's in the news it's not the norm. Whatever you hear about a country via the news is the opposite of what that country typically is.
We meet once a year to vote on crap. Key is to not have a group of people with nothing better to do.
These companies are incentivized to find infraction to fine, and drive around regularly to make sure every rule is strictly adhered to. Trash bins out too early or late? Fine! Fence painted the wrong shade of soulless beige? Fine!
Boomers mostly worked one job between two people, and had the silent generation to take care of their kids so they had a lot of time for masterbatory lawn care/putting trashcans away the second the trash truck pulls away/nonsense.
Now they are retired and have even more time, but also authority over people far busier than they ever have been.
1. ...and no, I'm not a Baby Boomer either.
... or pour oil in the fire of the great culture war, here in the secondary frontline of young vs. old, and accomplish nothing.
Here in the UK the boomers were able to work one job, get a house on an easy mortgage and now they’re old and have nothing to do they campaign against any development that might slightly inconvenience them or reduce their house price (spoiler, most developments wouldn’t)
https://www.financialreporter.co.uk/income-to-house-price-ra...
The very real problems with affordability of housing in the UK have a number of causes but the key issue is supply. Successive governments have simply failed to build sufficient housing to meet demand. NIMBYism alone can't explain this lack of investment.
1989:
- Interest rate: 14.5%.
- Average house price: £58k.
- Monthly repayment: £650 (90% LTV, 25 year term).
- Average pre-tax income: £10k.
2024:
- Interest rate: 5.25%.
- Average house price: £282k.
- Monthly repayment: £1500 (90% LTV, 25 year term).
- Average pre-tax income: £35k.
So in 1989, an average mortgage was about 80% of an average gross income. In 2024, an average mortgage is about 50% of an average gross income.
I specifically chose 1989 because it was a year of high interest rates, but you can repeat the calculation for other years if you wish. I don't think the results will support your assertion.
The 2nd group can't "refinance" all the extra principal they owe.
In 1989 interest rates were at record highs and mortgage interest relief was still a thing. Despite interest rates hovering between 8-12% for the rest of the 1980s, mortgage repayments were consistently a much lower proportion of income.
In 2024 there's no interest relief and we're exiting a period of record low rates. The rise to 5.25% already puts us in a worse position than when rates were at 10%, 14.5% would disastrous.
It is worth looking at the mid-2000s numbers (post-MIRAS, but pre-crash) and comparing them to today's numbers. They're really not so different.
No argument on the relative leverage: 10% would be impossible and 15% would probably precipitate a revolution.
"Blame boomers" has existed for perhaps a decade if we're being generous.
> When the town of Seaside, California ordered homeowner Etienne Constable to build a fence to conceal the boat in his driveway, he erected the fence all right. And then he hired his neighbor, artist Hanif Panni, to paint a mural on the fence—realistically depicting the boat itself.
So all the discussion about contracts entered to into freely with respect to HOAs simply don't apply here: this is the government imposing the requirement to build a fence.
What's wrong with bringing your gun to school? It was common (up until the 1970s, I think) to have shooting sports at school. That's how kids learned gun safety.
They don't. For all the power an HOA might have in their street or apartment block, outside of that very small boundary they're nothing. We're not talking about Boeing or Morgan Stanley or PG&E here.
HOAs are actually popular by choice - developers wouldn't set them up for "80% of available houses" if the houses were more valuable without them.
2% of people have horror story experiences with corrupt HOAs pocketing their cash. 23% of people just get poor value for money where some asshole changes a lightbulb and charges 100 residents $1 each. 75% of people have a tolerable experience, and quite like the fact their neighbour can't park an RV on their driveway and rent it out on airbnb, and if that means limiting what people are allowed to do on their own driveway, so be it.
Except for Texas, I have not heard of being forced into an HOA. You choose to join one when buying a property in a neighborhood that has one.
What's the story with Texas?
Your analogy instantly brought me up to speed, and spells out just how bad it would be.
Thanks very much!
C'mon mate, exchange some culture!
On the other hand we did have guns in my school in the UK (only for use on the rifle range).
That said, I think it is very weird that Americans accept this level of regulation on what they do on their own property.
I’m not sure of any states / places that allow a student to bring a gun to school. A lot of schools have a police officer present, and I imagine they would typically be able to bring their gun. And some states are debating (or have authorized) allowing faculty to bring a gun to school; the caveat being (in most instances I have seen) said faculty would have to pass enhanced gun safety training.
Those two groups are somewhat prone to having conflicts with each other and HOAs let both be happier than if they were to be annoyed by living next to each other.
For example, my oldest daughter is involved on the trap team (a shotgun sport). Her firearm is cased and unloaded except on the shooting range itself, and practice is outside of normal school hours. In practice, that means she only has it in my vehicle when I'm taking her to practice or picking her up from practice. It's a non-issue.
As of about five years ago, when I went through instructor training for shooting sports, there had never been in an injury caused by youth shooting sports in our state in the ~100 year history of the program. Further, the group I was working with, 4-H, had a perfect safety record nation-wide. To muy knowledge that is still the case.
I’m guessing there was a particular (white flighty) period of time and kind of people who really wanted these things. Neighborhoods built before this time don’t have them, and newer buildings (at least where I live) don’t seem to have them either. So these may be mostly phenomena of a specific period.
My parents are elderly and live in one. They have there share of stories, some of which are pretty bad. People have moved out solely due to conflicts. They kind of hate it actually. But I asked my dad if he agrees with all the enforcement and he said basically, well you don't want someone to paint their house purple. Which I think illustrates the preferences of people who seek these communities.
When you buy a condo anywhere in the US, you also get a (sometimes huge) document of all the rules and regulations. You're also required to pay fees every month.
Teachers/staff - depends on state/local laws.
I'm assuming the OP meant the lack of overall regulation that leads to be people illegally bringing guns to school (and using them).
Edit to help those confused about U.S. and states' laws: The 1990 Gun-free School Act doesn't apply to concealed firearms. 32 states allow teachers and school employees to bring guns to school (with some restrictions). States that explicitly allow concealed firearms in schools in some form or another are Alabama, Alaska, Idaho, Illinois, Michigan, Missouri, New Hampshire, Oregon, Rhode Island, South Dakota, Utah, and Wyoming.
Armed (and trained) adults are very different from "gun-toting high-school students", which is what seems to be implied here.
When you're discussing our gun laws with foreigners, I guess you're right that it's always necessary to spell out the fine details, like the fact that we have separate rules for gun-toting people who are over 18 and gun-toting people who are under 18, because from their perspective it's almost certainly just one big jumble of insanity.
What choice do they have? Their job is nearby, and long commutes are not so far off from a prison sentence. Literally hundreds of hours per year trapped in a tiny space that you can't leave.
Only so many houses/homes are for sale, and every time a critical mass of busybodies manifests, they can vote in a new HOA which is effectively immortal. They're simply easier to create than they are to uncreate. Until we get where we are today, and you may very well not have any non-HOA choices.
There are, of course, pluses and minuses to either.
I bought an expensive home in a nice suburb, no HOA. My neighbors, who were there before me, suddenly decided to fill their back yard with old rusty cars on blocks they were “working on”. And get a fake deer for target practice. This cost me then of thousands of dollars when I sold my house.
No HOA restrictions I’ve ever dealt with were worse than that so I’m now fairly pro-HOA. I have plenty of freedom and opportunity to buy a house without one but I likely won’t again.
Meanwhile an HOA deed restriction is you giving a private non government organization the permanent and irrevocable right to remove you from your home and sell it if you do not comply with whatever extra-legal discrimination they make up to impose on you.
Plain and simple, HOAs are not a country or a government. They are a scam.
Is this sarcasm?