Ticky Tacky Little Governments: A More Faithful Approach to Community Associations Under State Action Doctrine

Community associations are an innovative solution to a myriad of challenges that arise in the ownership of residential property. They solve collective action problems and fulfill desires in the common pursuit of neighborhood harmony. But when community associations go too far to conform and perfect the neighborhoods they govern, they often intrude on the fundamental liberties of individual property owners. Without intervention, they stand to threaten the rights of a substantial number of U.S. citizens where it matters most: in the home.

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