Homeowner's Associations are an enigma in my mind and always have been. We live in a society already governed by laws and rules in so many forms and yet people choose to constrain themselves under yet another set. My recent conversation with a coworker (see my previous posting here) has led me to a deeper examination of these organizations and a drive to answer the question: "Are Homeowner's Associations discriminatory?"
For those who do not know what a homeowner's association (hereafter referred to as HOAs) is, here is a quick run down... An HOA is born when a neighborhood of homeowners comes together and agree to a certain set of rules by which they all agree to live. Generally these rules are established in order for the homeowners to maintain a peaceful enjoyment of their property as well as preserving their property values by ensuring the quality of the neighborhood is maintained. Some common rules include keeping your lawn mowed, getting your exterior paint color approved before painting, and no tin foil in your windows. Not only do ALL homeowners have to agree to this association, but when new residents move in they also have a responsibility to sign on and agree to the same rules. Of course these rules are not unchangeable, there are elected officials from among the residents and plenty of voting and challenging of the rules, but that is the overall lay of the land where HOAs are concerned.
At first glance anyone with even a minimal knowledge of the civil rights movement can see how this concept goes bad quickly. In the 60s and before there were rules that created "white" neighborhoods and "black" neighborhoods. It was another extension of segregation and discrimination, and a very effective one at that.
This brings up a very important point... How were these organizations allowed to continue and in some areas thrive if they were discriminatory?
The answer is simply that they don't have to be a method of discrimination. As long as the rules are not prejudicial against any protected class and are enforced equally among all classes they are perfectly legal. For the record there are 7 federally protected classes which are: race, color, religion, national origin, sex, disability, and familial status. Some states and even counties have added their own additional classes but I doubt any of them include lawn length or house color (though our nation does have some rather ridiculous laws). As long as the nuclear white Christian family is cited for leaving their trash cans out alongside the black Islamic single mother, the Korean elderly couple, and the interracial gay couple it is perfectly legal. If there is even a suspicion of discrimination it can be brought before the courts to determine whether or not discrimination has really occurred.
That really about sums it up. We cannot see discrimination in every organization and still claim to be moving towards equality. But maybe I'm just incapable of seeing discrimination the way my coworker seems to believe. You decide...
"but when new residents move in they also have a responsibility to sign on and agree to the same rules."
ReplyDeleteI'd argue they don't have that responsibility. Can a homeowner moving into an area be forced to sign on?
-Ler
It is a prerequisite to purchasing a home. Disclosure is made before the sale that the property is covered under an HOA. It is similar to moving to a new city that has their own penal code. By living in the town you are obligated to abide by the penal code just as moving into a neighborhood with an HOA obligates you to abide by the rules of the HOA.
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