THE ARGUMENTS FROM CONSENT. Courts and commentators have suggested that the moral and legal legitimacy of residential association government can be founded on the consent of the governed.30 The creation of a residential association at the time of subdividing a tract or selling the units in a condominium seems to embody the ideal of a social contract--the voluntary joining together of free individuals to pursue common ends. Proponents of unfettered experimentation in the creation of residential associations argue that members do not need the 'constitutional' protections against an association that all citizens retain against traditional forms of government, for those who have joined a residential association or participated in making its laws have exercised greater freedom, or shown a more perfect form of consent, than have citizens of traditional polities. The argument from consent takes two distinct forms.
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Sources: Homeowners’ Association Regulations, Homeowners’ Association Regulations, Homeowners' Association Regulations