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Rutgers Panel on Homeowner Association problems

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. 

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Position Paper by Robert Metcalf

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.

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"Give 'em an inch...
Homeowners' associations were first used as a means of easing the financial burden on local municipalities
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So you want to go to arbitration...
With the legislative season about to begin in many states, frustrated homeowners are once again looking at mandatory Alternative Dispute Resolution - ADR - as a possible fix for their HOA problems.  But wait. 
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