Pure Democracy or Selected Representatives

A personal opinion of Beanie Adolph

Homeowners in HOAs too often encounter a privatized government elected by selected representatives or “voting members”.  This is not the “Democracy” of the people.   Because any organization requires some delegation or assumption of work and of power there must be a balancing act that involves:

  • Balancing which issues require member approval, which require director approval, and which can be handled by an officer
  • Balancing which issues require unanimous consent, majority consent, or a mixture of both.

To protect individual rights, some issues should always require a member vote.

To protect individual rights, some issues, such as creating a right of foreclosure of property where the right does not exist, should require unanimous approval.

The HOA should not have the right to burden an owner with extra dues or fees without unanimous approval.

The HOA should not have the right to bind the neighborhood to a long-term agreement without unanimous approval.

The HOA should not enter into an agreement with a director, a member, or a family relation without unanimous approval.

The HOA should not spend money on anything other than the community without unanimous approval.

The HOA should not spend more than a set dollar amount without unanimous approval.

The HOA should not add deed restrictions without unanimous approval.