Consumers for Housing Choice (CFHC)

Delaware homeowners demand truth in housing sales


Consumers for Housing Choice Demand clear Separate Categories

There is a BIG difference between association-controlled residences and
association-free residences. However, the difference is not clear in a real
estate market where both types of houses are combined in the same category.
Association-controlled residential properties must be labeled, advertised
and listed in a separate category, clearly distinguishing them from
association-free residences. Separating the categories will enable the
consumer to understand that the association-controlled residence is a unique
product, and thus avail him an opportunity to make clear and INFORMED
choice. Combining the properties presents the mandatory membership
obligations purchase as an insignificant afterthought. This is a serious
misinterpretation of the product.

It is, according to legal experts and lawmakers in the field, difficult to
achieve the best consumer protection in the case of the common interest
community purchaser because of the complex nature of the bundle of rights
and obligations that each unit owner obtains. Considering ultimate consumer
protection insurance as having an opportunity to understand the nature of
the product in which he is purchasing; the same experts suggest that
disclosing the complex bundle AFTER the consumer contracts to purchase a
residential unit will assist the consumer in achieving that understanding.

This expert approach has been a dismal failure. After making a decision on
a residence located within an association, any consumer who finds the
obligations "disclosed" unacceptable will not be permitted to complete the
sale. Already having invested time, energy, money, and acquiring an
emotional attachment to the house the consumer has already set his heart on
his "dream home". Under the pressure of closing on THAT home, the average
consumer is inclined to purchase the entire package - often without ever
bothering to even read the complex documents.

Most unit owners therefore have acquired little or no understanding of their
obligations. Because they do not understand how important it is to
participate in their associations' governance, association apathy is
epidemic and people are being hurt. Self-government cannot exist in
associations where apathy is rampant. Minority continues to dictate in all
too many associations, while apathy remains on the increase.

If consumers are to be protected, this apathy must be decreased.

The consumer must be afforded the best opportunity the law can provide to
understand the nature of what is often the most expensive purchase he will
ever make, and one that can have an impact on the most intimate aspects of
his life. Those not seeking or unwilling to accept the obligations can avoid
viewing residences controlled by an association. Those seeking the rights
and obligations of private governing can request association-controlled
housing. ALL can be aware that there is a substantial difference and thereby
each one will be given an opportunity to understand the nature of the
different products and thereby be given an opportunity to make an educated
choice.

Comments or questions? Consumers For Housing Choice:
stavros@dmv.com


This webpage is provided by the American Homeowners Resource Center

American Homeowners Resource Center
P.O. Box 97 * San Juan Capistrano
California 92693
Phone: (949) 366-2125 * E-mail:ahrc@ahrc.com



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