Participant Consent. The second form of consent theory is the theory of 'participant consent.' It maintains that members of a democratically governed association consent to particular decisions reached within the association by participating in the decisionmaking process, even if their own views do not prevail on particular substantive issues. Participant consent inheres fundamentally in the participants' power to create new rules (or change old rules) through democratic decisionmaking. Consent to the original covenants derives not from the act of purchase, but from the fact that the covenants create an initially democratic framework and are themselves open to revision by the community. Professor ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ has described the idea of an 'autonomous politics' generated by a truly participatory democracy.34 Participatory decisionmaking renders illegitimate any external norms imposed by courts or legislatures, because such restrictions would undermine the community that a democratic association tries to build for itself. External regulation would chain the 'self-creating process of freedom'35 to choices made by others; it would create a tyranny of received opinions, or of traditions of legality, or of individuals, groups, or institutions usurping power over the community.36 Participants in the process of discussion and consensus- building agree to abide by the decisions of the whole, whatever rules it may set. A participatory democracy, according to this view, has no place for transcendent rules and even eschews rigid or irrevocable procedures--such as majority vote--for determining the decision of the whole.
Appears in 3 contracts
Sources: Homeowners’ Association Regulations, Homeowners’ Association Regulations, Homeowners' Association Regulations