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Individual property rights - We do not live in a majority democracy. We live in a limited Republic.

Majority doesn't rule when it comes to law. Nor the work of busy-body do-gooders.

A township has no right to grandfather in how people will use their property in a given area...for the "common good".

If you are with this concept.....you are also agreeing to the notion that if a "do-gooder" finds shallow holding water on your property the Gov't has a right (for the commmon good) to declare it wet lands and tell you want you can and can't do.

In your mindset another "do-gooder" (for the common good) can find any type of flower (possibly going extinct) or such on one's property and if this happens the Gov't has a right to come in and tell this person what they can and can't do with their own property.

You keep convolutedly suggesting that "if a group" does this or does that it overrides the right of the individual.

That is European light. It goes completely against the foundation of this Country where was based on individual rights over that of the "group".

Additionally the notion of "fees" paid to upkeep "community" property is a completely different subject. You don't own those "pools" or "playgrounds"....you simply have a fee-based charge for the use of them. But you don't not own them.

You don't know a thing about this subject, and you're arguing about it with someone who knows it intimately.

There are so many asinine fallacies in your post that I have no time to address them all.

Majority DOES rule when it comes to law, to think otherwise is asinine.

Public officials are elected via a vote, the one with the most votes win.

Congress enacts laws via a vote, there is a required majority to pass those laws.

People vote and their elected officials vote.

A nation, State, County, township, community can change its laws as it suits the majority of its people, zoning laws are a good example of that.

What's most ridiculous about your property rights argument, is that you would take the property rights of the individuals who purchased homes in my community, because we wanted to live under the HOA rules, away from us in the name of property rights.

How unbelievably stupid of you is that?

We have the right to chose to live under an HOA, just like you have the rule to live someplace where an HOA does not exist.

Understanding Homeowners' Associations and CC&Rs

When you buy a house in a new subdivision or planned unit development, you may be subject to a host of rules and regulations.

When you buy a home in a new subdivision, common interest development (CID), planned unit development (PUD), or co-op, chances are good that you also automatically become a member of an exclusive club -- the homeowners' association. The club's members include all the people who own homes in the same development.

The homeowners' association will probably exercise a lot of control over how you use your property.

CC&Rs

The transfer deeds to houses in new developments almost always include limitations on how the property can be used. Usually these limitations -- called covenants, conditions, and restrictions (CC&Rs) -- put decision-making rights into the hands of the homeowners' association.

Some associations enforce every rule with the enthusiasm of a military drill sergeant; others are run in a more relaxed way. Most associations try to make decisions that will enhance the value of the houses.

Make sure the CC&Rs are compatible with your lifestyle. CC&Rs commonly limit the color or colors you can paint your house (often brown or gray), the color of the curtains or blinds visible from the street (usually white), and even the type of front yard landscaping you can do.

Some CC&Rs go on to require that garages facing the street be kept neat, insist that laundry be dried indoors rather than hung on a line, prohibit basketball hoops in the driveway or front yard, and prohibit parking RVs or boats in the driveway. See the list below for more examples of the excruciating detail with which many homeowners' associations regulate members' everyday lives.

	Is it legal for dogs to swim in the condo pool?

Read the CC&Rs carefully before you buy, and if you don't understand something, ask for more information, and seek legal advice if necessary.

Once you've moved in, getting relief from overly restrictive CC&Rs isn't easy. You'll likely have to submit an application (with fee) for a variance, get your neighbors' permission, and possibly go through a formal hearing. And if you want to make a structural change to your house, such as building a fence or adding a room, you'll likely need formal permission from the association (on top of having to comply with city zoning rules).

Maintenance Fees

Homeowners' associations can usually require members to pay fees for common property maintenance. The fees can run particularly high if the development has a pool, golf course, or other recreational facility. Many homeowners' associations let their boards raise regular assessments up to 20% per year and levy additional special assessments with no membership vote for capital improvements like a new roof.

If you're on a tight budget, check the homeowners' association membership fee and how easy it is for the board to increase the amount. Also, if parts of the development have been occupied for awhile, attend a homeowners' association meeting and talk with the officers about financing and other issues of concern.

Source

Understanding the Government of a Community Association

As a result of dedicated board members and qualified managers, the community association lifestyle is flourishing. In order for a community association to operate smoothly, it is as important for the owners to understand the basic concept of how the community association is governed.

There are many forms of governance that are NOT applicable to a community association. As an example, some owners think they have bought into a democracy in which they are entitled to vote on everything. A community association is NOT a democracy. Some owners think they have bought into a social organization where owners sit around, drink scotch, and make casual decisions. A community association is NOT a social organization. Many owners have belonged to a civic organization or to a union. These owners may believe that the community association is similarly run. They may believe that a board makes a recommendation to the members, such as on an annual budget, and the members vote for or against the budget. A community association is NOT a civic organization or union. Occasionally, owners think they have bought into a dictatorship or monarchy where one board member, usually a president, makes all decisions individually. Remember all board members are elected, not anointed. A community association is NOT a dictatorship or monarchy.

A community association IS a business, and a very substantial business at that. Virtually every association is subject to a corporate form of governance. For example, if an individual purchases $75,000 worth of General Motors stock, that individual is entitled to attend the General Motors annual meeting at which the election of a governing board takes place. The same concept applies in an association. An owner has the primary right of attending the annual meeting at which the election of the association's governing board takes place.

As a stockholder of General Motors, if one is unhappy with the operation of the corporation, one available option is to sell the stock. Likewise, an unhappy unit owner has the option to sell the unit. An unhappy General Motors stockholder also has the right to solicit proxies from other shareholders in order to get elected to the General Motors board. The same process for the election to the board exists within a community association. Board members are volunteers elected from the unit owners. If an owner is not satisfied with the association operations, that owner has the right to seek the proxies and votes of other owners and get himself or herself elected to the association board.

After the General Motors election, the board runs the day-to-day affairs of the corporation. It has been elected to make decisions. It acts in what it believes to be the best interest of the entire corporation. Similarly, after the association annual meeting, the association board runs the day-to-day affairs of the complex. This board has also been elected to make decisions and act in the way it believes to be in the best interest of the entire association.

For example, the General Motors board decides what the price of cars will be. The General Motors shareholders cannot pass a binding motion that cars will sell for $100. Similarly, the community association board generally determines the level of maintenance fees. It is understandable that owners want low maintenance fees. However, low fees may not reflect the actual needs of the association and/or be in the best interest of the association. Therefore, generally it is not the owners who determine the maintenance fee level. Rather, maintenance fees are determined by the association board.

The General Motors board also determines who the employees of the corporation will be. Similarly, the association board determines who the employees of the association will be. Owners do not get to vote on the hiring of a snow plower, landscaper, manager, lawyer or accountant. The governing documents generally place authority to hire and/or fire on the shoulders of the association's board members.

The General Motors board also has the authority to establish corporate guidelines. Similarly, the association board has the authority to make reasonable rules and regulations governing the complex.

If a General Motors shareholder wants to express an opinion to the board during the year, that shareholder is entitled to comment in writing to the board. Likewise, if a unit owner is unhappy with operations, he/she is entitled to comment in writing to the association board. The unit owner can express an opinion, but the board determines when the grass gets cut, when the snow gets plowed, and when and in what priority maintenance projects will be completed. The association board makes the day-to-day decisions for the association.

Many owners purchase into a community association because of the "carefree" style of living. These owners enjoy delegating maintenance decisions to others and freely accept the concept of an association. They realize that while they have delegated some decision making authority, they have also delegated the corresponding responsibility. No longer do they need to concern themselves with the physical challenge of grass cutting. This lifestyle serves them very well.

A few owners sometimes find the community association concept to be a very difficult pill to swallow. They may have a difficult time accepting that someone else is making the decisions. Occasionally, these individuals challenge the authority of the board. As a result, lawsuits have been initiated. Fortunately for the community association concept, Courts have overwhelmingly rebuked the vocational dissident, whose only role in life appears to be to dissent to everything a well-intentioned board attempts.

When addressing the issue of the condominium concept, the Court in the case of Sterling Village vs Breitenbach stated:

"Every man may justly consider his home his castle and himself as the king thereof; nonetheless his sovereign fiat to use his property as he pleases must yield, at least in degree, where ownership is in common or in cooperation with others. The benefit of condominium living and ownership demand no less."

Put another way, if you live in a single family home on ten acres of land, your home is your castle and you determine when the grass gets cut, the snow plowed, or how loud you play the stereo. However, when you live in a community association, your home is NOT necessarily your castle. You have chosen a lifestyle that requires courteous conduct and delegates maintenance decisions to the association board members.

The community association lifestyle is successful because owners have volunteered to take turns serving on the board and have cooperated with each other. Common sense and a sense of what is best for the entire community prevails. Individual rights giving way to the best interest of the community is the foundation of the successful association.

Kaman and Cusimano, Legal Advisors for Ohio Condominium and Home Owner Associations