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The original was posted on /r/fuckhoa by /u/johnl1800 on 2023-09-25 18:37:15.

If these things were implemented it would go a long way towards eliminating many of the issues that regularly arise here.

Highlights:

"What is the most effective way to prevent pervasive HOA problems?In my opinion, it’s critically important to revoke excessive and inappropriate powers of HOAs. Focus on state laws that enable HOA abuse of power through homeowner or developer-controlled governing boards, management agents and HOA attorneys.

If state Legislators are serious about protecting the rights of owners and residents in HOA-governed communities, here’s what they should do to rein in HOA disputes. First, understand that conflicts between homeowners and HOAs escalate when the HOA board abuses its power.

1. Put an end to HOA fines, foreclosures, and rule-making authority. First and foremost, state lawmakers should withdraw and prohibit power of HOA boards to fine, foreclose liens, and make rules and regulations without consent of owners. This one reform would prevent the majority of HOA problems.

2. Change voting and election process to ensure integrity. A good starting point for lawmakers: Limit the number/percentage of voting interests that can be held by any one member of the HOA.

3. Eliminate Declarant (developer/investor) control of communities. It’s extremely difficult to hold a developer accountable for poor quality construction of homes and community infrastructure. Developers retain near absolute control on the purse strings. (They can either keep HOA fees artificially low or raise them as high as they want.) A developer can — and often does — amend the CC&Rs (Covenants and Restrictions) multiple times, at will.

4. Eliminate HOA regulation of privately owned property. It’s one thing to establish HOAs to fund and govern common property. It’s quite another thing to allow HOAs to govern privately owned property. For example, what is the purpose of having an HOA overlord to compel owners and residents to get approval for landscaping design? Is it really necessary to require HOA approval of exterior paint colors, or home improvements that don’t require a local building permit?

5. Mandate HOA transparency and assist homeowners in enforcing it. Homeowners are obligated by law to pay fees to their HOA. Therefore they ought to have the absolute right to know how the HOA spends their money. But even though many state laws require HOAs to provide access to financial records upon request of any member, HOAs frequently delay or avoid doing so.

Conclusion: State legislators must look at the Big Picture when it comes to HOA regulation. Lawmakers need to revoke excessive powers of HOAs before they attempt to enforce HOAs to govern and manage the community with transparency. As long as HOAs can penalize and intimidate owners with no recourse for owners, HOAs will continue to stonewall homeowners and prolong conflicts with litigation."