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We have other situations where you can end up owing a debt, you don’t get to foreclose. You go to civil court, get a judgment and then try to collect.
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Then the risk, delay, effort, and expense of pursuing a now unsecured debt is transferred from one defector to 150 cooperators. Every month of delay increases the loss.
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True. Another middle ground is a mechanics lean. You can't alter the title until you clear it, but they can't foreclose.
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> Liens get ignored. > Should the other members just suck it up forever?

Until the house is sold or refinanced. Yes, the HOA has to wait, but can eventually get its money with interest.

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That can be years, and that prevents the money from going into interest based accounts which pays for regular, surprise, and longer term maintenance.
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And when the building's (that you share with the deadbeats) roof leaks and there isn't the money to repair that shared resource, that's just tough luck?

An HOA isn't just about neighborhoods of freestanding houses, it's also about multi unit buildings.

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That’s a condo association, which has different regulations. Both are foreclosing on properties.
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I’ve always found it funny that many of the states that despise unions love HOAs.

For example, they’ve fought for the right to have a “right to work”, so that closed shops can’t be a thing — you cannot compel inclusion in a bargaining unit by nature of employment.

Yet restrictive deed covenants where you are compelled by the state to join a private association are fine.

The arguments for or against them are similar if you dig into them.

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>Should the other members just suck it up forever?

given that an HOA is completely unnecessary... yes. you should suck it up forever. if you want to be part of an HOA and pay dues into it, good for you, go ahead.

if somebody else doesn't want to be part of your little club, why should you get to take their house away for that?

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> given that an HOA provides no value at all

Typically the HOA's I've seen manage community resources. Where I used to live that meant the neighborhood parks, green spaces, 3 docks in the river, a pool, and a few lakes. No value seems a bit hyperbolic.

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the HOA managing a pool is definitely not the norm. and if it is, it's a pool club - somebody doesn't pay their dues, they should lose access to the pool, not their house.

most HOAs manage a tiny amount of communal green space that should have been turned over to become city property, but was held back as HOA property to give the HOA a reason to exist.

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> most HOAs manage a tiny amount of communal green space that should have been turned over to become city property, but was held back as HOA property to give the HOA a reason to exist.

You are just making this up at this point. Why do you think the city would accept property that they would have to legally maintain and be responsible for, when it is generally isolated and (largely) accessible to only a specific neighborhood?

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Yes, that is explicitly and exactly the reason municipalities exist. In the U.S. they are typically made up of elected and appointed representatives and they manage public space and services in their boundaries.

Mostly I don't understand why an individual neighborhood would need it's own out of band election process (that typically allows people to gain tremendous power and authority without anyone voting for them), and representatives completely decoupled from the state or government but often times acting in parallel.

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> that typically allows people to gain tremendous power and authority without anyone voting for them

Come on, at least try. HOAs (typically, your word) have elections. Someone doesn't just walk in and declare themselves the association president.

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It is common, though probably a minority. Pools are expensive to own but nice to have close to your house. If you live close enough to bike kids will use them, but the common city pool is too far for most kids even if it is bigger and better.

I think we have the wrong units of measure for government size. I live in a county where the lines made sense 200 years ago: Everybody in the county can ride their hose to the courthouse, file whatever they need and be home in time for super. These days everyone drives and can be there in half an hour or less. Instead what I care about is the metro area. I want a unit that ensures my transit system is a coherent whole, the water supply is cheaper to consolidate to one large entity vs many small ones.

There is one suburb near me where some people would have to drive 25 minutes to get to the city library - most of that is uncongested highway. I really need a smaller unit to own and run a library so kids are always in bike distance. That city does a good job of scattered small parks but there is one complex with large fields for softball - if you don't live close maybe you shouldn't pay for something you don't use. I want parks owned by a smaller area government that can bring my neighborhood something they don't have. - HOAs often serve that. They just have a poor legal structure.

If you own part of a shared walls building then a corporation is required to manage that. You have to pay your share of the share costs. However the corporation should be limited in what else it can do, but it must exist.

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My HOA pays the buildings water and sewer and trash. Also fixes the roof over the condo building, cleans the common interior, and does repairs (typically on our shared plumbing), and the elevators.
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And all that makes perfect sense. I assume these are not single family (detached) homes.
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These days many municipalities don't want to manage more streets and infrastructure so they heavily favor HOAs for new developments that will handle what should be the city's responsibility.
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My city sales tax dollars should not be used to fund the maintenance of a fancy median in some neighborhood on the other side of town.

You can put in a special district, that's an HOA under a different name, with even more government powers and bureaucracy costs. For example, you vote on stuff via the general election, they can seize your home for unpaid property taxes, they can impose zoning laws, and in some places they can impose criminal ordinances (dog pooping in the park).

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Isn’t that was your local municipality in for?
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If that's your persuasion don't buy a house in an HOA. You can go to the city pool.
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I have literally never heard anyone speak positively about an HOA. The city pools where I live is well liked and maintained. With the exception of the local YMCA, the public pools are considered better than the other options in the area.
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I used to live in an HOA. Do I miss the value they provided? Not at all. They did nothing I can’t easily take care of myself.
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Not sure why I can't respond to your other comment. But this is in response to your comment:

> they should lose access to the pool, not their house.

To enforce this you have to be able to gate, secure, and prevent them and their guests from using this. That costs a lot more money just to ensure they pay in. The HOA is the least worse option to "consent" and ensure that they do. Taking away the house is a much later step after a letter, 2nd and 3rd warnings, fines, ignored fines+interest, and a lein is ignored.

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Every HOA-ran pool I’m aware of has a gate with keys or key fobs to prevent non-residents from access. From a liability perspective this system would be a requirement in many areas unless only open with a lifeguard present.
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> given that an HOA is completely unnecessary...

This is true sometimes, but if you are upset at a specific HOA, look at your docs to see what it actually manages. HOAs exist to pay for community obligated costs; sometimes that is a pool, sometimes it's "water and gas bills", and sometimes it's an entire golf course.

Further, if you're talking about a condo building (which, yes, is technically a COA, but the two get combined all the time), it is literally paying for your roof and elevators to work.

Buying into a "little club" and agreeing to pay your share of expenses only works when everyone participates. If not, your neighbors are just paying upkeep on your property; why should they have to do that?

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Conceptually, HOAs seem to be similar to medieval guilds. They are private governments, where voting rights are based on a private right (property ownership) rather than involvement in the area the government controls (residency).

Such arrangements used to be common, but they have become increasingly rare in the past few centuries. Many were explicitly abolished by law when free markets started getting popular. Often for antitrust reasons, or because people thought it would not be in the public interest to have certain types of contracts the previous owner made also bind the new owner.

I can think of a few similar arrangements in Finland. For example, membership in student unions at research universities is still mandatory, as is membership in reindeer husbandry associations. Those entities perform government functions, and the actual government has chosen not to assume the responsibility for one reason or another. As a consequence, the entities and their officials are subject to the same regulations as the government when wielding powers used to justify mandatory membership.

Condos are another story. If the entire complex is a single property for legal or practical purposes, it makes sense to have a single entity in charge of it.

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If somebody else doesn't want to be part of your little club, then they shouldn't buy a house that belongs to that little club in the first place. Pretty easy.
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HOA's are necessary when you have shared resources or have physical connections between units. Sure they make little sense if they exist just to control what color you paint your house but having a agreed upon method to have discussions/ manage resources is important.
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if somebody else doesn't want to be part of your little club, why should you get to take their house away for that?

Because they signed the paperwork saying they wanted to be part of the little club and gave that little club the power to take away their house.

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If you don’t want to be a part of the HOA then don’t sign the contract. If you have to sign to buy the house then either sign or find another house. If they’re that bad then there ought to be lots of homes for sale that don’t come with an HOA contract.
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In areas I'm familiar with, anything other than the largish single family house with big yard / garage / etc. gets built as strata title. Lots that ought to be wide enough to split either get duplexed or bare-land strata with two or more narrow houses ... for some reason, that's ok although freehold lots aren't.

Then "people want a house without dealing with strata" gets misinterpreted as "people want big houses on big lots". Not necessarily true, just that the premium for the BHoBL is the necessary price of not giving busybody neighbours power over your home.

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You deal with it exactly the same way as if any other club member or customer don't pay. Not by giving something like HOA an unchecked power.

HOA should be allowed to kick out member. And people should be allowed to not be members of HOA.

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You don’t seem to know how HOAs work. I’m not really a fan of how they currently work either, but you can’t just kick out a member when the legal “member” is the plot/home, and what would that even look like when you get kicked out, you are, e.g., still behind the gate benefiting from common elements. Do you get barred from, e.g., driving on the HOA owned and maintained street? Do you not get to enter the HOA controlled access gate?

Even if it’s a very low maintenance and amenity HOA on public roads, how do you resolve the fact that all the fees and costs have accumulated if the home were to be sold, you essentially end up at a similar end point where the home is sold. Usually these are also not individual circumstances, i.e., a person who has ignored all kind of warnings and letters and board meetings over usually years, also has many other issues going on and often they’re just letting the home go anyways and e.g., are just living there for “free” for about 1-3 years of HOA/bank legal proceedings.

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I know how they work. I simply think they should not exist at all. Home is a property a thing. It is not a member.

There is no need for "HOA owned and maintained street". You do not need HOA to maintain streets.

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>And people should be allowed to not be members of HOA.

Just like labor unions (ie. "right to work" states), right?

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Those are two different things. The union negotiates pay and benefits. What does the HOA negotiate?

Also I'm a firm believer that if you're at a union shop and decide not to be part of the union you shouldn't be able to use their pay scales and should have to negotiate everything for yourself. The same with HOA's, I guess. If they do something for the community, like the pool the other poster talked about, then you shouldn't have access. Easy.

They shouldn't be able to take your house for any reason.

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>What does the HOA negotiate?

At least in theory? Neighborhood "character" (and by proxy "land value").

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My experience is they remove all character from a neighborhood in pursuit of bland stick and ball landscaping (tall yew, short yew) with too much grass in the yard that you have to waste water on and apply hazardous chemicals to, to keep it green and weed free year round.

But also I'm biased.

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I do not see them as equivalent and I see the analogy as a bad faith analogy.

HOAs don't add value. All they are is an opportunity to power trip for those who have the most free time on their hands.

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>HOAs don't add value. All they are is an opportunity to power trip for those who have the most free time on their hands.

I'm sure the people who support right to work laws would also claim labor unions "don't add value". On the flip side I doubt HOA supporters think they "don't add value".

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Did you even consider why it's illegal to turn off the water? And maybe ask yourself how foreclosing on someone who can't pay for water only seems like a way to skirt the law and take water away from them in addition to their shelter.
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Nope, but what are the countermeasures for abusing this power?

Also, once in a decade is not a rare occurrence for events of this significance. Once in 20 years is OK, once is 50 is rare, but once in a decade is not.

I mean, the idea is nice, but it involves humans.

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