It’s a valid argument, not only in Diamondhead, but in thousands of planned communities across the U.S. They don’t think that the majority of property owners should be forced to subsidize the operation of the golf course for a small minority of avid golfers. Therefore, a growing number of Diamondhead homeowners thinks it’s time for the POA to fade off into the sunset. Important health and safety building codes and zoning ordinances are already enforced by local government, not the POA. The POA is also tasked with enforcing architectural standards and aesthetic rules, a non-essential service. The POA exists to maintain a golf course and various other recreational facilities that few regularly use. In Diamondhead, infrastructure is maintained and services are provided by the City. Check out this Facebook post from Diamondhead, Mississippi, a maturing master planned community - this one happens to be incorporated as a city - with CC&Rs and a mandatory membership Property Owners’ Association ( POA) set to expire in 2020. Will Gen-Xers and Millennials be able to afford to renovate or completely rebuild private recreational facilities, such as swimming pools, and will they be willing to do so, especially as their children grow up and move away from home? Will the majority of future homeowners want to pay for common amenities, particularly if they don’t use them? How many residents of master planned or resort communities will still want to play golf or tennis in 2040?

Should CC&Rs require homeowners’ or property owners’ associations to continue to maintain aging and outdated recreational amenities for future generations? Photo and quote by Deborah Goonan Master planned communities with private amenities Healthy communities value people, not property. Or state governments hand over even more unchecked power to corporate association governing boards.Īnd many homeowners also learn too late that most CC&Rs crafted after 1990 create a bias of property rights, to the benefit of developers or the interests of a few major investors or stakeholders, who manage to acquire a controlling interest of property in a community. The problem is, each state law tends to muddy the waters with a half-baked compromise. Therefore, it becomes necessary to enact state laws to override certain restrictions written into the CC&Rs. How will CC&Rs be amended to meet ever-changing community standards and to meet the desires of residents several decades from now?Īs many homeowners have discovered, the process of amending CC&Rs can be difficult, if not practically impossible, especially in large common interest communities. Tomorrow’s homeowners will want to renovate their properties with long-lasting, low maintenance building materials and up-to-date “smart home” technology. No one has given a moment’s thought as to who will regularly review standards and requirements to meet modern building design tastes and preferences.įor example, today’s homeowners are increasingly demanding the right to incorporate solar energy and electric car chargers. Why in the world would any civilized society wish to perpetuate this madness? And what about architectural standards? Likewise, many residents don’t appreciate restrictions against parking their vehicles in their own driveways, or on public streets in front of their homes. Nor do most young parents see the point in rules that forbid their children to enjoy their toys and play equipment in view of their neighbors.Īnd, as residents age and experience limited mobility, they don’t appreciate meeting onerous standards for installing wheelchair access ramps. It’s doubtful that younger buyers appreciate the value of CC&Rs dictating the exact placement of their trash and recycling containers. Should your neighbors have the absolute and perpetual right to enforce 30, 40, or 50 year old covenants? Should future homeowners have the right to enforce already outdated architectural standards 20 years from today? Outdated covenants, restrictions, and rules Is this wise? What effect will these trends have on private property rights in the U.S.?

For examples, see the link posted below about Diamondhead, Mississippi, as well as my previous post involving a NJ Lake Association.

Do hoa covenants expire in georgia