Privatopia: Homeowner Associations and the Rise of Residential Private Government

by Evan McKenzie

Condominiums, co-ops, planned unit developments of single-family homes―these and other forms of common interest housing developments (CIDs) have become a familiar sight in America. Currently there are approximately 130,000 of these developments, housing some 30 million people. Residents are required to belong to homeowner associations, pay monthly fees, and live under the rule of residential private governments. These governments perform functions for their residents that were once the province of local government, providing, for example, police protection, trash collection, street maintenance, and lighting. They also place restrictions on ownership of property and enforce rigid and often repressive codes of conduct governing the most private aspects of residents' lives.

This book is the first comprehensive study of the political and social issues posed by the rise of CIDs. Evan McKenzie shows how the developments diminish residents' sense of responsibility for the city as a whole by making them reluctant to pay taxes for the same public services that their fees provide. McKenzie also shows that the private governments of CIDs depart from accepted notions of liberal democracy, promoting a unique and limited version of citizenship that has serious implications for civil liberties. He argues that the spread of CID housing has important consequences for politics at all levels of government, because CID advocates now constitute a significant force in interest group politics in many states, often organizing to demand tax breaks or credits for CID residents. Tracing the history of CID housing from the nineteenth century to the present, he highlights the important but little-understood role public policy has played in advancing this large-scale "privatization for the few," and he concludes by considering the implications for urban politics.

Genres: Nonfiction, Urban Planning, History, Cities, Politics, Economics

253 pages, Paperback

First published January 1, 1994

Reviews

[Kathleen Hulser · Rating 4 out of 5]

McKenzie offers a startling and sobering insight into the Homeowner Association, condos, coops and townhouse developments that increasingly dominate the American housing market. These are largely white enclaves drenched in paranoia and draconian rules. The "shared" nature of these spaces is increasingly governed by the interests of builders and property managers that manage to legally exclude the less wealthy. These malignant forces in American society have built a wall of rules, fines, potential law suits, liens and threats to make "shared living" a constant drama of potential missteps. If you live in a homeowner's association, coop or condo, you may find it impossible to chose the paint color of your house, to have your grandchildren stay, to own a pet, to erect a clothesline, to grow vegetables or even park your boat or RV. Renters, if there are any in a complex, have no rights or voice in "community" decision-making. Meanwhile, the property managers pursue violators in court with the help of (surprise) their staff lawyers feeding at the trough of this new regime of crime and punishment, gaily pursing liens and forcing foreclosures for the tiniest violations. Scarcely a shred of democratic self rule is left, although it is veiled under decision-making by puppet boards who enact the wishes of the property managers. So there are now entire towns where streets, sewers, garbage pickup, recreation and security have been privatized, paid out of shareholder or HOA fees and not subject to any oversight. Is this "government" by another name, or a "business"? The courts are unclear on the issue and the property manager/real estate lobby has foisted their own laws and codes on municipalities, counties and states across the country, under the radar for the most part. McKenzie has extended his analysis from this 1995 book to a volume published in 2011 "Privatopia Revisited: Rethinking Private Residential Government." He particularly underlines the frightening features of private security (outnumbering uniformed police in the US by a lot).

This all too little-known trend in American life, which has effectively made an end run around bans on redlining and housing discrimination, is a cornerstone of the newer versions of segregation that are perfectly legal. This all should be more in the public view and part of a larger conversation about the privatization of public space and the attempt to avoid responsibility, accountability and the fundamental American framework of democracy. It should not surprise you that these privatizers, led by the GOP of course, are claiming to be "free of taxes" because they already pay homeowner fees for some of the same services (which of course are not available to all).

[Brian · Rating 2 out of 5]

I came into this book looking to get a better understanding of the rise of HOA and some of the areas where HOAs and local government interface.
I did get a better understanding of the evolution of HOAs from this book - it even tied nicely with some of my coursework on Ebenezer Howard; Radford, NJ; etc.
The downside of this book is McKenzie has some axes to grind, and they really come through. In his view, developers are motivated solely by the profit motive and HOAs are one of the arrows in their devious quiver. Due to his quest to alert us to the danger, he ignores other factors that either support or push developers into the use of HOAs and PUDs.
HOAs in conjunction with PUDs have allowed developers to help optimize profits and/or minimize costs, but McKenzie ignores that planners, environmentalists and others have supported/called for many of these measures. James Rouse, regarded as a developer who cared about factors beyond profitability, used these techniques to preserve open space, save existing trees, and help developments to blend into their environments. Planners support the increased compactness and density. Many local governments are very willing to allow HOAs to support private facilities that are a part of the road, stormwater, and water and sewer infrastructure.
It's disappointing that this book does not provide an even handed analysis.

[George Staropoli · Rating 5 out of 5]

Long ago in 1994 Professor McKenzie wrote Privatopia, a seminal book addressing constitutional issues with the present model of government known as HOAs. The trade organization, CAI, has avoided any discussion with these constitutional issues and supports the authoritarian, private government HOA model.

From Privatopia,

“HOAs currently engage in many activities that would be prohibited if they were viewed by the courts as the equivalent of local governments."

"In a variety of ways, these private governments are illiberal and undemocratic. Most significantly boards of directors operate outside constitutional restrictions because the law views them as business entities rather than governments. . . . [They] are inconsistent not only with political theories of legitimacy but with the normal process by which governments are created. . . . Thus these ‘private governments’ may violate the equal protection clause of the Fourteenth Amendment."

McKenzie describes the beginnings of CAI in 1973 as an organization to solve the problems with HOAs. It was to consist of various “interest groups” that had an interest in making the HOA legal scheme work.

Get informed! Read about the hidden side of HOAs.

[Ajk · Rating 4 out of 5]

Maybe it's just old, but it felt like this held back some punches. Connecting the deeply weird HOA system to what people expect (and don't expect) out of government would have been greatly, greatly, appreciated. The book serves as more descriptive than anything else, which is useful and very thoughtful. The legal lens is a neat way to see HOAs from the homeowners eyes: a bundle of rights that they've chosen to see the world through. I just wish it went a bit further into how this perspective changes the world at both ends of the HOA gates.

[Kalpar Kalpar · Rating 4 out of 5]

I originally read this book because it was referenced as research on John Oliver's show. It's a good history on the origins of Homeowner Associations and their powers as quasi-business quasi-government organizations focused entirely on maintaining property values. (And yet also neither government nor business.) On the other hand this book came out in 1996 which is basically an eon in terms of housing and policy in this, the year 2024. Sadly I don't know if there are any newer, better books. Especially in the wake of the earth-shattering event which was 2008, we desperately need more info.

[Tommy · Rating 2 out of 5]

Reading this book is like watching paint dry.

The information is good overall (although severely biased at times), it’s just presented in a mind numbing manner

[Rob Stagg · Rating 5 out of 5]

Prescient. So hard to get into the subject matter but after enough predictions from 1992 that end up being true, you want to continue reading to see what else he got right. Turns out, a lot.

[Maggie Hannis · Rating 4 out of 5]

Heard about this book on a John Oliver episode. Some pretty ridiculous anecdotes about overbearing HOAs

[Andrea · Rating 4 out of 5]

This had more weight than Fortress America though remained very readable. It traced the movement from restrictive covenants through 1948 to the rise of common interest developments and homeowner associations, leading to a much deeper analysis of race and class and housing segregation patterns, which I really liked. I was disappointed with the treatment of how HOAs and these private developments fall within the paradigm of liberalism or not, and the issues they raise for democracy. This was quite short and superficial, especially when compared with the chapter on legal issues, which is very practical but ultimately not as interesting as I find the legal framework quite limited in thinking through questions of democracy and equity.

[Koeeoaddi]

Wonder if I can stand a whole book about evil HOAs. :)

[Noah Schumerth]

One of the foundations of my scholarly work. Long read, but worth the effort to understand one of the largest policy changes happening in the United States with virtually no public input.