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Posted By CathyA3 on 07/24/2023 6:15 AM
The bottom line is that the only safe way for people to jointly own property with others is through a corporate structure. This structure insulates peoples' personal assets from the risks assumed by the corporation. It's why people who form businesses usually incorporate them. If an HOA weren't a corporation, the deeds and purchase agreements would have to contain language that essentially replicates the protections provided by a corporate structure. There's no getting around this unless you want to risk losing all of your assets, and nobody who understands the facts would do this. The housing market would grind to a halt without these protections.
I am not buying this generalization. For many, but not all, condominiums the land configuration is such that it makes sense for
just the condo owners to have a legal, ownership interest in the common area. For non-gated, non-condo HOAs it does not. It seems to me for the latter the common areas (e.g. roads, grassy sections of land) the city or county could own the real estate.
I thought the article was quite good. The only part that I thought was over the top was the section with the sentence, "The problem is compounded by the fact that HOA governing documents and management policies are notoriously unconstitutional." No, they are not. Once in awhile some constitutional disputes have arisen.
I would like the backstory on the blog's author, Deborah Goonan. So far nothing to suggest she is both a serious researcher and internet journalist has reached my eyes. I bet CAI hates her. Good.