Opposition to HOAs: Conservative? Or Liberal?

One puzzle about the HOA movement is, “Why doesn’t the left or right take a stance?” Think about it. Every homeowner signs away his Constitutional rights by agreeing to join an HOA. That abrogation of rights has been upheld in multiple court decisions.

But shouldn’t the left-wing ACLU be furious about the loss of free speech rights by homeowners? Shouldn’t the right-wing Tea Party be furious with the fact that citizens have lost their ability to claim First Amendment, Second Amendment, and Fourth and Fifth Amendment protections just by joining an HOA?

Of course, Americans have the right to contract away their claims to protections in the Bill of Rights. We do that all the time when we agree to abide by confidentiality agreements in out-of-court legal settlements. We agree not to ever discuss how a court case was settled, or how much was paid to which party to settle the case.

Yes, homeowners do have the right to sign away their rights, and that’s exactly what happens when you sign those HOA documents. But why don’t left-wing or right-wing activists raise cain about the excesses of rogue Homeowners Associations?

Ward Lucas
Author of
Neighbors At War: The Creepy Case Against Your Homeowners Association

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About

Ward Lucas is a longtime investigative journalist and television news anchor. He has won more than 70 national and regional awards for Excellence in Journalism, Creative Writing and community involvement. His new book, "Neighbors At War: the Creepy Case Against Your Homeowners Association," is now available for purchase. In it, he discusses the American homeowners association movement, from its racist origins, to its transformation into a lucrative money machine for the nation's legal industry. From scams to outright violence to foreclosures and neighborhood collapses across the country, the reader will find this book enormously compelling and a necessary read for every homeowner. Knowledge is self-defense. No homeowner contemplating life in an HOA should neglect reading this book. No HOA board officer should overlook this examination of the pitfalls in HOA management. And no lawyer representing either side in an HOA dispute should gloss over what homeowners are saying or believing about the lawsuit industry.

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