[Towertalk] ABC Home Owners Assoc Expose

Paul Christensen w9ac@arrl.net
Sat, 20 Apr 2002 15:10:53 -0400


> Since homeowner associations and CC&Rs are recognized by statute
> does that not imply, at least in part, the vesting of governmental
> power in the HOA?  For example, our board of directors has the
> authority to post (and enforce) speed limits on the community
> streets ...

It's certainly a good argument Joe.  I don't believe there is a hard-and-fast rule in determining the distinction.  Until and if
legislation is passed to define it more succinctly, we'll need to rely on Constitutional case law rulings as a guideline.

-Paul, W9AC