How Say You?
All metrics traditionally relevant would
indicate that HOAs have the power to
preserve existing single-family detached
dwelling communities. They represent a
wealthy, diversified, large and exponentially
increasing demographic. Additionally, while
paying lip service to freedom of use, enjoyment and alienation of real property, decisional law in our commonwealth to date
generally enforces restrictive covenants.
As to the question posed in my title, it occurs to me that you, readers, are better situated to answer it than I, your unabashedly
rusticated colleague. It seems likely that
owners of those relatively expensive new
homes in existing deed-restricted communities include many members of the
Pennsylvania bar. And only you have the
legal education necessary to understand the
implications of changes on the ground in
your neighborhoods and to challenge shifts
in judicial and legislative philosophy.
Will you use your powers to preserve the
existing privately established “detached
house sections” lauded by Mr. Justice
Sutherland in the opening quotation of
this piece? Or do you consider Planet
Euclid a world well lost? ⚖