Robert Nelson

Local Government as Private Property

Authors: Robert Nelson (2002)
Report
Synopsis: Critics of private community associations often argue that they represent an undesirable combination of “private” and “governmental” powers. They suggest that the significant differences between a suburban municipality and a private community association should be reduced. The private status of a community association, for example, should not be allowed to shelter it from free speech and other constitutional requirements normally applied to local municipalities. Voting rights in private community associations perhaps should be newly extended to renters.

 

The Rise of Private Neighborhood Associations: A Constitutional Revolution in Local Government

Authors: Robert Nelson (2002)
Report
Synopsis: A revival of the neighborhood is seen by many commentators as a key element in a wider effort to reenergize the intermediate institutions of American society. The weakening of these institutions is blamed for a decline in trust, public spirit, and generally an erosion of civic values in the United States in recent decades. The rise of the private neighborhood follows in the wake of the rise of the corporate form of business ownership of property in the late nineteenth century, both representing fundamental turns away from individual ownership of private property and towards new collective forms of private ownership. Indeed, the rise of private neighborhood associations represents the most important property right development in the United States since the rise of the modern business corporation.

 

Community Associations: Decentralizing Local Government Privately

Authors: Robert Nelson (2008)
Report
Synopsis: The system of local government in the United States in being transformed by the rise of the private community association. Local government in the pubic sector is increasingly limited to large county and municipal governments--also sometimes large special districts--that assume responsibilities of a regional and metropolitan scope. The regulation of land to protect neighborhood environmental quality, and the delivery of small-scale services, is increasingly the responsibility of a private government. Previous studies have described these new patterns of governance, but little literatuer is available to understand the full reasons for such changes. This chapter offers several hypotheses relating to the magnitude of transaction costs under alternative forms of land tenure.

 

The Puzzle of Local Double Taxation: Why Do Private Community Associations Exist?

Authors: Robert Nelson (2009)
Report
Synopsis: Private community associations have spread quickly in many parts of the United States, even though their members must pay both association dues and local taxes for similar services. Not only do private community associations offer several advantages over traditional governance structures, but local governments often encourage developers to establish them.

 

Community Associations at Middle Age: A New Bankruptcy Law and Other Proposals

Authors: Robert Nelson (2010)
Report
Synopsis: Community associations represent a major American shift toward collective privateownership of housing, following in the path of the rise of the private business corporation 100 years ago. The laws overseeing the chartering, organizing, governing, and other aspects of business corporation workings have been significantly revised many times. It has been a case of gaining experience with corporate forms of business ownership and then responding to the problems and opportunities as they have been discovered by businessmen, researchers, and other observers. As more and more community associations now reach middle age, it is time in this area of collective property ownership as well for a full retrospective assessment and new state laws and other institutional initiatives in response to the problems and opportunities as they are identified.