How long do you think private community associations of one sort or another have existed?
The present-day American homeowners' association and private residential community date back to the 1830s, when the concept was imported from London. Communities back then were often established with the less than honorable purposes of prohibiting certain religious activities, dictating racial makeup, and monitoring the way in which the land could be used. Thankfully, none of those purposes are sanctioned by law these days and the vast majority of communities have long since moved past the feudal system!
The legal model actually dates back to feudal times in Western Europe. In medieval England, peasants were given land to cultivate in exchange for the ability to keep a small portion of the fruits of their labor for their own purposes. In addition, the peasants were required to make promises to the lord to not use the soil in ways that were harmful to the collective use, thus creating a system of interdependent values that lives on in common interest ownership communities today.
It is interesting to learn about how and why communities with private restrictions first emerged to best plan their future improvement and evolution.
I thank my friend Donna DiMaggio Berger, Esq for letting me use part of this article. You may reach Donna by emailing dberger@kgbLawFirm.com)
Donna is one of the leading lights in Florida community association law and Managing Partner in
Katzman Garfinkel and Berger http://www.kgblawfirm.com
Donna is also the Executive Director of the
Community Advocacy Network http://canfl.com
a not for profit Advocacy Initiative for those who live in Florida common interest ownership communities (homeowners and condominium associations), the fastest growing lifestyle in Florida.
Katzman Garfinkel Berger (KGB) is a law firm devoted to all aspects of community association representation, and has fought successful lawsuits against insurance companies who refused to pay claims after hurricane Wilma.
CAN and its members have productively advocated myriad community matters in Florida, and helped Florida legislators draft new legislation. Any homeowners or condominium association in Florida may join CAN for a modest sum and reap the benefits of a wealth of condominium and homeowners association information and Strength in Numbers!
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