[Towertalk] ABC Home Owners Assoc Expose

[Jim Lux]

> 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 ... we have the authority to permit or ban the use of
> motorized vehicles (e.g., golf carts) on the community streets
> that are not permitted on public highways.

Important distinction... The HOA cannot throw you in jail when you don't pay
the fine, the local gendarmes can.  A HOA speed limit is just a rule like
any other (trash in your yard, clothsline, etc.) and they can fine you
(although, at least in California, not put a lien on your house for a fine)
and attempt to collect the fine by filing civil suit.  Again.. they can't
throw you in jail for it, so a lot of the "consitutional protections" don't
apply.. it's just a contracts dispute, prety much like any other.

A goverment agency, on the other hand, can make laws, and CAN have you
thrown in jail if you don't comply.  The city could make a law against
antennas, make it a misdemeanor, and if you persist in violating it, can
have you jailed, and, of course, would have to comply with all the
consitutional issues about habeas corpus, self incrimination, etc.etc.etc.