Common-interest development

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Condominiums in San Ramon, California.

Common-interest development (CID) is the fastest growing form of housing in the world today. [1] [2] They include condominiums, community apartments, planned developments, and stock cooperatives. [3] A CID's ownership benefits are having rights to an undivided interest in common areas and amenities that might prove to be too expensive to be solely owned. For example, an owner would like to have a pool but cannot afford one. When buying a condominium with a pool in a CID of one hundred units, an owner would have use of that pool for basically one-hundredth of the cost due to sharing the cost with the other 99 owners. Timeshare, or vacation ownership, is the same concept. Buying a second home for vacation purposes might not be financially possible; buying a week or two can be when sharing the overall costs with other participants.

Contents

Within the United States, when a CID is developed, the developer is required to incorporate (in a form) a homeowner association (HOA) prior to any property sales. The role of the HOA is to manage the CID once the control is transferred from the developer. The HOA governs the CID based upon the incorporated covenants, conditions, and restrictions (CC&Rs) which were recorded when the property was subdivided. The CC&Rs will outline the financial budgeting guideline for the HOA in determining the dollar amount in maintenance fees for assessing the owners. In a wholly owned CID, maintenance fees would normally be assessed on a monthly basis.[ citation needed ]

Growth in the United States

Spread of Common Interest Developments [4]
CIDSHousing Units (in millions)Residents (in millions)
197010,0000.72.1
198036,0003.69.6
1990130,00011.629.6
2000222,50017.845.2
2010311,60024.862.0
2017344,50026.670.0

According to the Community Associations Institute, between 22 and 24 percent of the entire U.S. population in 2017 lived in community associations. The two leading states with CIDs are California, where around 9,327,000 people lived in a CID, and Florida, where about 9,753,000 lived in a Community Interest Development. [4]

Criticisms

In his 2019 Devane Lecture series at Yale University, Professor Ian Shapiro identified three primary threats to American democracy posed by the spread of CIDs. [5]

Undemocratic boards

The CID Boards are often undemocratic. HOA board members are selected prior to the construction of the development and are only very rarely elected to their positions. However, in their communities, they take on the responsibilities and functions of municipal government officials. [5]

Effects on homelessness

"As seen in Albert O. Hirschman's Exit, Voice, and Loyalty , there are problems here about entry, because if all of the housing in parts of the country are built in these developments and can pick [the type of consumers they will] serve, what about homeless people? Where are homeless people going to wind up? They're going to wind up on the streets of San Francisco or somewhere like that. Because if you want to buy into one of these residences, they don't want you unless they can ensure you can pay. You're going to go through financial screening. You're going to have to prove you can afford to live in the place. People who can't are going to wind up not getting served. If you try to do housing through this type of market, there's going to be a market failure that's probably going to be quite costly for governments." [5]

Segmented democracy

"Douglas W. Rae has an essay titled Democratic Liberty and the Tyrannies of Place, which points to the fact that we're becoming an increasingly segmented democracy. That is, people tend to spend time around people that are like themselves. Of course, CIDs greatly facilitate that because people will sort by income or go to the ones in Florida, often by ethnic group - into these relatively homogenous certainly financially homogenous, groups. We know from Cass R. Sunstein that like-minded people, if they talk to one another, tend to become more extreme. So if we get an increasingly segmented democracy of people only hanging around people who look and talk like themselves, this will reinforce a lot of the divisions contributing to the polarization of the electorate. This reinforces the "out of sight, out of mind" mentality about people not like themselves." [5]

Related Research Articles

<span class="mw-page-title-main">Cohousing</span> Intentional community of private homes clustered around shared space

Cohousing is an intentional community of private homes clustered around shared space. The term originated in Denmark in late 1960s. Each attached or single family home has traditional amenities, including a private kitchen. Shared spaces typically feature a common house, which may include a large kitchen and dining area, laundry, and recreational spaces. Shared outdoor space may include parking, walkways, open space, and gardens. Neighbors also share resources like tools and lawnmowers.

This aims to be a complete list of the articles on real estate.

A homeowner association, or a homeowner community, is a private association-like entity in the United States, Canada, and certain other countries often formed either ipso jure in a building with multiple owner-occupancies, or by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. The developer will typically transfer control of the association to the homeowners after selling a predetermined number of lots.

<span class="mw-page-title-main">Gated community</span> Residential community with controlled entrances and often a closed perimeter of walls/fences

A gated community is a form of residential community or housing estate containing strictly controlled entrances for pedestrians, bicycles, and automobiles, and often characterized by a closed perimeter of walls and fences. Historically, cities have built defensive city walls and controlled gates to protect their inhabitants, and such fortifications have also separated quarters of some cities. Today, gated communities usually consist of small residential streets and include various shared amenities. For smaller communities, these amenities may include only a park or other common area. For larger communities, it may be possible for residents to stay within the community for most daily activities. Gated communities are a type of common interest development, but are distinct from intentional communities.

Owner-occupancy or home-ownership is a form of housing tenure in which a person, called the owner-occupier, owner-occupant, or home owner, owns the home in which they live. The home can be a house, such as a single-family house, an apartment, condominium, or a housing cooperative. In addition to providing housing, owner-occupancy also functions as a real estate investment.

Housing tenure is a financial arrangement and ownership structure under which someone has the right to live in a house or apartment. The most frequent forms are tenancy, in which rent is paid by the occupant to a landlord, and owner-occupancy, where the occupant owns their own home. Mixed forms of tenure are also possible.

<span class="mw-page-title-main">Condominium</span> Form of ownership of real property

A condominium is an ownership regime in which a building is divided into multiple units that are either each separately owned, or owned in common with exclusive rights of occupation by individual owners. These individual units are surrounded by common areas that are jointly owned and managed by the owners of the units. The term can be applied to the building or complex itself, and is sometimes applied to individual units. The term "condominium" is mostly used in the US and Canada, but similar arrangements are used in many other countries under different names.

<span class="mw-page-title-main">Housing cooperative</span> Type of housing development that emphasizes self-governance and quasi-communal living

A housing cooperative, or housing co-op, is a legal entity, usually a cooperative or a corporation, which owns real estate, consisting of one or more residential buildings; it is one type of housing tenure. Typically housing cooperatives are owned by shareholders but in some cases they can be owned by a non-profit organization. They are a distinctive form of home ownership that have many characteristics that differ from other residential arrangements such as single family home ownership, condominiums and renting.

Home insurance, also commonly called homeowner's insurance, is a type of property insurance that covers a private residence. It is an insurance policy that combines various personal insurance protections, which can include losses occurring to one's home, its contents, loss of use, or loss of other personal possessions of the homeowner, as well as liability insurance for accidents that may happen at the home or at the hands of the homeowner within the policy territory.

A vacation rental is the renting out of a furnished apartment, house, or professionally managed resort-condominium complex on a temporary basis to tourists as an alternative to a hotel. The term vacation rental is mainly used in the US. Other terms used are self-catering rentals, holiday homes, holiday lets, cottage holidays and gites.

A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied covenant of good faith is presumed.

An age-restricted community is a residential community, often gated, that legally discriminates on the basis of age to limit residency to a majority fraction of older individuals—typically 80% over a set age. The minimum age is frequently set at 55 years old, but it can vary.

<span class="mw-page-title-main">Condo hotel</span> Condominium operated as a hotel

A condo hotel, also known as a condotel, hotel condo, or a contel, is a building that is legally a condominium but operated as a hotel, offering short-term rentals, and which maintains a front desk.

A neighborhood association (NA) is a group of residents or property owners who advocate to organize activities within a neighborhood. An association may have elected leaders and voluntary dues.

<span class="mw-page-title-main">Community Associations Institute</span>

The Community Associations Institute (CAI) is an international trade association and special interest group headquartered in Falls Church, Virginia, with more than 60 chapters in the United States that asserts that it provides "education and resources to the volunteer homeowners who govern community associations", and provides petitions for legislative and regulatory beneficence for its members.

Certified Community Association Manager (CCAM) is a professional certification in property management earned through the Minnesota Multi-Housing Association (MHA) or the California Association of Community Managers (CACM). Those certified as a CCAM are deemed by the association to have obtained a certain level of professional competence in the management and administration of common interest communities or developments, which are generally townhome, condominium or homeowner associations or cooperatives.

The Davis–Stirling Common Interest Development Act is the popular name of the portion of the California Civil Code beginning with section 4000, which governs condominium, cooperative, and planned unit development communities in California. Contrary to what the title of the Act suggests, the bill was authored/drafted by University of San Diego School of Law Professor Katharine N. Rosenberry while she served as a Senior Consultant to the California Assembly Select Committee on Common Interest Developments. Assemblymen Lawrence W. "Larry" Stirling and Gray Davis added their names as authors prior to the bill being passed/enacted by the California State Legislature in September 1985. In 2012, the Act was comprehensively reorganized and recodified by Assembly Bill 805.

<span class="mw-page-title-main">East Garrison, California</span> Unincorporated community in California, United States

East Garrison is a planned community in an unincorporated area in Monterey County, California. It is located on Reservation Road east of Marina and west of the Salinas River on the former Fort Ord. East Garrison is part of Monterey County's Fourth District and, as of January 5, 2021, is represented by Supervisor Wendy Root Askew.

Strata management, sometimes known as "body corporate management", is a specialist area of property management involving the day-to-day operation and management of a property that is jointly owned and comprises multiple units, common areas and common facilities. It is derived from an Australian concept of property law called strata title applied to the administration of common ownership in apartment buildings on multiple levels, or strata. Emerging markets in Dubai, Abu Dhabi, the Philippines and India have adopted the Australian system. It is one of the fastest growing forms of housing in the United States today, similar to common-interest development (CID), a category that includes planned unit developments of single-family homes, known as homeowner associations (HOAs), condominiums, and cooperative apartments. Federally-subsidized financing provided by two government-sponsored enterprises Fannie Mae and Freddie Mac via uniform financial instruments—mortgages that oblige the borrower to honour covenant restrictions of the collective-property regime with PUD or condo riders. Such provisions however are only enforceable where statutes recognise their validity. Common expense liabilities are often subordinated as junior liens in bankruptcy courts, with the bank retaining senior title.

<span class="mw-page-title-main">Condominiums in Canada</span>

One in eight Canadian households lived in a residential condominium dwellings, mostly located in a few census metropolitan areas according to Statistics Canada Condominiums exist throughout Canada, although condominiums are most frequently found in the larger cities. "Condominium" is a legal term used in most provinces of Canada. in British Columbia, it is referred to as "strata title" and in Quebec, the term "divided co-property" is used, although the colloquial name remains "condominium".

References

  1. "Living in a California Common Interest Development". State of California Department of Real Estate. Archived from the original on 2011-07-21. Retrieved 2010-10-04.
  2. McKenzie, Evan (1994). Privatopia: Homeowner Associations and the Rise of Residential Private Governments. Yale University Press. pp.  7. ISBN   0-300-06638-4.
  3. "Common Interest Development (CID)". Adams-Stirling Law Corporation. Retrieved 5 June 2020.
  4. 1 2 "U.S. community associations, housing units, and residents" (PDF). CAI. Community Associations Institute. Retrieved 25 April 2020.
  5. 1 2 3 4 Shapiro, Ian. "Lecture 8: Privatizing Government I: Utilities, Eminent Domain, and Local Government". Yale Broadcast Studio. Yale University. Archived from the original on 2021-12-21. Retrieved 25 April 2020.