Huh? I didn't say anything about things being taken. I said I didn't understand your perspective. I mean I understand it factually, but it doesn't make logical sense in the realm of buying and selling nearly anything else on the planet.Can you explain how anyone has anything they had taken?
While they may be facts, I don't think some are, I also don't think they bolster your position as you believe they doNot one attempt to refute the facts presented here.
Yes it enables the deed restriction structure we have now. It doesn't help or hurt your argument, it just is the way things are.FACT: Landowners have the right to sell any rights they own, individually or as a complete bundle.
The force is implicit due to the lack of non-HOA neighborhoods readily available in the same price range/location/finishes.FACT: No one has EVER FORCED a buyer to buy land without all rights, but they may choose to do so.
You have hypothesized that the majority want to live in an HOA neighborhood. I would even agree with this if the implicit force above was eliminated. Hell I could even see a justification for the developers to charge more for these homes initially due to the perceived potential for lost value as people move in with their unsightly RVs and start up their mechanics workshops. However in the case of your hypothesis all of this is moot as the only thing that can be proven is that all new construction neighborhoods have an HOA. Nothing more, nothing less.FACT: Many buyers do want an HOA and any laws requiring sunsetting of HOA’s and a revote takes rights away from them.
Yep. The perpetuality of the deed restrictions as written shouldn't be allowed. I suspect that the deed restriction laws never had an HOA in mind when they were written. As such some small tweaks could easily satisfy both the pro-HOA and no-HOA folks.FACT: Any laws that force landowners to only be able to sell the complete bundle take landowners rights.
The right to tell someone what they can and can't do with something they sold should not have existed in the first place except in very limited scope between two people.FACT: In all these posts the ONLY ones at risk of having rights taken are landowners by those that demand they sell the complete bundle of rights or buyers that want an HOA.
Yep, again this doesn't help your position. No one is going to feel sorry for multi million dollar developers.FACT: Demanding developers not create HOA’s is taking their land owner rights.
Are you a developer? Do you you have access to their books? Then this isn't a fact, it's conjecture. The economies of scale don't go away simply because they can't limit what people can do. I think I even carved out an exception to my own stance saying that they could in fact write the rules while they still had lots to sell. It's only after they have moved on that I believe those rights and as such their rules evaporate to be replaced with what the actual homeowners can agree upon.FACT: Just because developers operating on thin margins to build the most house for the money for homebuyers through economies of scale and they create an HOA’s to protect their investment, likely from many of you in this thread, no one is forced to buy in an HOA. EVER! You may not like your other options but there are options.
Nope, but there have been a number of surveys posted that show the pro-HOA sentiment is not either. This still doesn't help your position.FACT: INGO is not the public at large and in no way represents the beliefs of the public.
No one said complete. You can separate mineral rights, air rights, etc... and I'll even give you narrowly tailored deed restrictions between two people selling can show a vested interest in the sold property. But not the broad and perpetual restrictions handed down by developers in the form of an HOA.This belief that sellers must sell the complete bundle of rights is ridiculous and ignores the history of the transfer of rights of property that goes back to the beginning of this country.
This highlights the entire problem I see with deed restrictions as they exist today. As it is, and as you are describing, the piece of the deed that one "owns" can only get smaller with time. The original owner can have ties to it nearly indefinitely while everyone below only gets a smaller and smaller piece if every "owner" adds new restrictions without the old ones falling off.See my reply to red. A seller can only sell what they bought and own, nothing more.
I'm sure you'll have fun telling me why I'm wrong, I'm infringing on the poor land owners freedom, it's the law, I'm the minority, there is no spoon, and you're not peeing on my head it's just rain, etc... while I do a face palm with my umbrella ready to deploy.