Homeowner Associations Make for Bad Neighbors

Whoever said it was a free country?

A multi-cultural nativity scene is under attack in one Novi, Michigan subdivision, but the owner said she isn't removing the display from her front yard. The nativity sits among other statuettes like Minnie Mouse and Santa Claus, but the fuss is over the nativity scene and one family's personal tradition is turning into a public debate. Nativity Scene Causes Stir In Novi Neighborhood

At first glance this appears to be just another example of what's quickly becoming a holiday tradition - the fight to keep church and state separate by prohibiting religious holiday displays. But it's not.

That's because this isn't about a public display, but a private one. And because it's not the city or county enforcing the rule. Instead this order came from the local homeowners association.

This is just one more example of homeowners associations (HOA) gone bad. These quasi-governmental groups are becoming the neo-fascists of suburbia. And it's gone way beyond telling us the colors we can paint our house. For example:

- An Ocala, Florida HOA warned residents that taking in families displaced by hurricanes would violate association rules.

- A Congers, NY condo association is fighting to restrict a blind woman and her seeing eye dog to her apartment and a single parking space (apparently the right to a doggie-do free complex supercedes the right of a disabled person to move about freely).

- A Naples, FL condo association fought to preserve rules that limited grandchildren visits.

These are the work of control freaks. Which should come as no surprise - homeowner associations are magnets for nitpickers, busybodies and do-gooders. Those of us with real things to do have neither the time nor inclination to get involved in telling our neighbors how to live. So HOA's too often end up dominated by people whose mission in life appears to be trying to get others to live as they see fit.

These boards are worse than local government because they are largely unbound by minor inconveniences such as our constitutionally guaranteed rights. We agree to their rules when we buy our homes, so if they want to limit free speech or religious expression, they are largely free to do so.

Then why are they so popular? Well, we believe they are protectors of our personal sensibilities and, by proxy, our property values. They give us a way of complaining about our neighbor without having to complain to our neighbor. They create a buffer between ourselves and the targets of our pet peeves. It's an extension of our contentious and litigious society that seeks formal validation and enforcement of our every whim.

It wasn't always like this. There was a time when disputes were worked out one-to-one. And if you didn't like what your neighbor was doing, a few well-placed trees and shrubs could provide all the buffer necessary. But not anymore. In fact, you probably can't plant those trees without prior HOA approval.

We've come a long way since Patrick Henry said give me liberty or give me death. Today it's give me liberty unless it hurts my property value. It seems we may have come a bit too far.