221–230 of 321 posts
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https://firstamendment.mtsu.edu/article/zoning-laws/
Zoning laws are not the same as HOA
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This kind of reminds me of when airspace was separated from Land property rights. There doesn't necessarily need to be any underlying logic or consistency, so a very tailored legal interpretation could be formed in theory. That said, I think I'm much more practical solution is to focus on the buyer's rights and non-competitive behavior then limiting sellers rights. It makes intuitive sense that people would be able t…
I think a really natural solution would be to tax these sort of land restrictions for as long as someone is actually willing to pay. Just assess the value with the restrictions vs without and then tax it at the standard property tax rate. If nobody cares enough to pay for the restriction then it is lifted.
On a more serious note, I think tax is a terrible solution. Who is going to value all of these use rights, restrictions, and options on an ongoing basis. Why punish everyone with any kind of good faith contract to deal with an extremely niche issue, which may not even be a problem.
Seems like the current solution is best. If someone is bothered, they can complain and the AG investigates. If someone is engaging in anticompetitive action, they get fined. It amounts to the same thing without screwing everyone over.
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Sure, but it’s a thing that you agreed to when buying the parcel, as part of the overall deal. If you didn’t want that restriction, you may have bid more to get the seller to give that up or you could choose not to buy under those terms.
My point is that such contractual terms should not be enforceable given their anticompetitive impetus.
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Also nobody was murdered
just metaphorically crushed under the boot of capitalism
The vacant store has a 100 miles of literal desert in each direction and nobody can build a competing store because the environmental review process is weaponized.
It's funny to see Matt Stoller complain about land use restrictions here, as he refuses to acknowledge the problem for residential building: https://x.com/matthewstoller/status/1824155610201432264 If apartment buildings are banned in 96% of residential land in California, with most of the 4% already built up with apartments, isn't that pretty similar to the commercial land use situation in Mammoth, CA?
Here in SF, a good example is the leading progressive mayoral candidate, Peskin. He's basically a housing subversive. He'll pay lip service to it, then sabotage YIMBY efforts. Earlier this year he sponsored an ordinance blocking higher density in parts of his district. The current mayor vetoed it [1] but he got the board to override the veto [2].
The barons originally sold suburban supply restrictions as anti-sprawl measures, co-opting the greener factions of the left. Then they sold density restrictions as anti-traffic measures.
No suburbs + no density = no new housing.
Luckily this unholy coalition has started to crumble a few years ago. A large majority of Democrats is now in favor of more housing.
[1] https://sfstandard.com/2024/03/14/san-francisco-breed-peskin...
[2] https://sfist.com/2024/03/26/supervisors-override-breeds-vet...
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HOAs’ most redeeming feature is they serve to coarsely segregate people who like to live under HOAs from people who don’t.
not really, judging by the amount of people who live there and complain about them anyways.
It's funny to see Matt Stoller complain about land use restrictions here, as he refuses to acknowledge the problem for residential building: https://x.com/matthewstoller/status/1824155610201432264 If apartment buildings are banned in 96% of residential land in California, with most of the 4% already built up with apartments, isn't that pretty similar to the commercial land use situation in Mammoth, CA?
Indeed artificial housing supply restrictions are about 100000000% more important. Alas, a portion of the progressive left was co-opted by the housing barons many decades ago. I believe California voters would be more progressive otherwise. Here in SF, a good example is the leading progressive mayoral candidate, Peskin. He's basically a housing subversive. He'll pay lip service to it, then sabotage YIMBY efforts. Ear…
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==Not sure what's meant by "political activism restrictions"== Rules that literally say, "You cannot put up election-related signs." ==I've literally never encountered this, unless you count having to register to use the visitor parking.== Rules that say how many people you can have at your house, how long they can stay, etc., etc.
Our HOA has rules about rental terms to block AirBNB—type short term rentals.
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>house color restrictions And have courts ruled that cities (or other governments) can't impose color restrictions? >yard sign restrictions, political activism restrictions Not sure what's meant by "political activism restrictions", but cities most definitely have restrictions on signs. You can't put a brightly flashing LED sign next to a busy intersection, or plant a billboard to make some money on the side. >and fr…
I moved to a home that's part of a small (47 homes) HOA. Here, the visitor restrictions are aimed at commercial visitors. You're not supposed to run a business like a massage parlor or barbershop out of your home.
A friend of mine is a member of a little HOA that consists only of himself and his downstairs neighbor.
So much pointless overhead...
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HOAs often enacts rules that would be illegal for a city council to enact. (between the US constitution, US federal laws, State constitution, State laws, and county laws there are often strict limits to what can be done that HOAs are not effected by). Courts have reigned in some of that, but there is still a lot that a HOA can do. HOAs also tend to be too small - it is hard to find someone qualified who wants to be i…
My sister just moved into a place that has an HOA. She's actively trying to get it suspended permanently. They live on a lake that attracts very aggressive Canadian geese. The geese do geese things like eat and poop lots of poop. The HOA fined them before they moved into the house for having goose poop in their back yard. For me, it's hilarious. I take handfuls of corn and stuff to throw around their backyard when I…
Wow, it's a wonder your sister hasn't stopped inviting you over.