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Dr. Gary Solomon Print

It is no secret that fear and stress adversely impact your physical and mental well being.  Homeowners in the stranglehold of the dance of terror with their HOA are all too familiar with all the symptoms of this sick relationship.  Dr Gary Solomon describes this disease in his two papers, HOA Syndrome and Elder Abuse.

With his permission, both his papers are available here for your convenience.

Download HOA Syndrome Article

Download Elder Abuse Article

 

Federal State-Action Doctrine Print

This article is titled: The Constitution and Private Government: Toward the Recognition of Constitutional Rights in Private Residential Communities Fifty Years After Marsh V. Alabama by Steven Siegel and was published in the William and Mary Bill of Rights Journal, Volume 6, Issue 2, 1998. Mr. Siegel believes that the environment in the federal courts has changed since this article was written and that it should be viewed more as a thoretical work and not as a practical work today. In his own words:

"Because my article is largely theoretical and not practical, I fear that it might unduly raise the expectations of homeowners when, in fact, there is very very little chance that the federal courts today would apply federal state-action doctrine in a manner consistent with what I advocate in my article.

 Nevertheless, I think that the article would be of theoretical, historical and "academic" interest to some homeowners who are interested in these aspects of the issue... Perhaps the article should be accompanied by a disclaimer that it is not intended to be a practical litigation primer!"  Download Steven's Article

Steven Siegel's Urban Lawyer Article Print

Steven Siegel appeared on On the Commons on April 28, 2007 to discuss his article titled: "The Public Role in Establishing Private Residential Communities: Towards a New Formulation of Local Government Land Use Policies that Eliminates the Legal Requirements to Privatize New Communities in the United States." His article was published in the Fall 2006 edition of The Urban Lawyer. Steven is a lawyer and a doctoral student at Columbia Law School.

His excellent article is available here for download. It comes in two PDF files:

1) A Table of Contents

2) The Article Itself

Many thanks to Steven Siegel for making his incredible contributon to the Association-Governed Housing Body of Knowledge available to On the Commons. - OTCadmin  

Rutgers Panel on Homeowner Association problems Print

This is a report written several years ago by Ed Hannaman who works for the Department of Community Affairs for the State of New Jersey. Ed wrote this paper for a Rutgers Panel on Homeowner Association problems. Thank you Ed for allowing On the Commons to publish it.  - OTCadmin

            The State’s relation to Homeowner Associations originates generally in the State’s power to authorize the creation of tenancies in common and the joint ownership of real property.  These options marked a departure from the traditional apartment and single family home and allowed creation of shared property developments, condominiums and cooperatives.  The relative newness of this area is evident from the fact that “horizontal” property was not statutorily authorized until 1963 and the successor Condominium Act was not effective until 1970. 

Read more...
Position Paper by Robert Metcalf Print

My Name is Robert Metcalf. I currently reside in, and serve on the Board Of Directors for a Common Interest Development (CID) known as Concord Crossing, located in Chadds Ford, PA. When I began my term in May of 2006, I decided to educate myself concerning CIDs to enhance my performance as a board member. Frankly, what I learned shocked and scared me. The purpose of this paper is to illustrate and provide some possible remedies to what I perceive as the greatest injustice perpetrated upon the American citizen in history.

Download Robert Metcalf's Position Paper

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