User:RicoCorinth/sandbox/HOAs/aluga

Voting is based on property ownership.

Only property owners are eligible to vote in elections, so renters are disenfranchised, but still subject to the board's authority. This ownership qualification for voting raises constitutional questions, especially considering the large number of rented units in many developments. Additionally, only one vote per unit may be cast, rather than one vote per adult occupant.

Serious legal issues arise in terms of equal enfranchisement of all citizens, since HOAs exclude renters from membership. These private governments may violate the equal protection clause of the Fourteenth Amendment. In essence, they establish the new community as a municipal corporation without ensuring that those citizens who will be governed have a voice in the decision-making process. There are crucial legal questions regarding the extent and substance of legitimate citizen participation.