Monday, December 22, 2003

Private and Public

Will we ever run out of people who don't understand the difference between private and public? Yet another silly Homeowner's Association dispute where some poor soul thinks their rights as an American are being violated.


"This is an abuse of power," Dianne Bambu said. "The bylaws of a deed-restricted community supersede your right as an American citizen."


Suck it up - you entered into a private contract when you bought your property and you're bound by it.

But, I do think the courts have gone a bit too far in allowing HOAs to do almost anything they want. At some point, the neighborhoods get large enough and enough typical functions of government taken over by them that for all purposes they *are* governments. At some point, if it walks like a duck and quacks like a duck... it's a duck. At the moment, however, the courts don't agree with my assessment.