The Rules are Different Here

Abstract

Homeowners associations (HOAs) are quickly becoming the most common and fastest growing units of local governance in the United States. Like the cities to which they are often compared, HOAs provide services, regulate activities, levy taxes, and ultimately elect their governing bodies. Because the courts view HOAs as business enterprises rather than as governments, HOAs'governing provisions are not required to conform to basic democratic principles for participation. This article uses theories from the new institutionalism to compare the typical governing provisions of cities and HOAs to consider how these provisions shape civic life in urban areas.