How Do Homeowners Associations Regulate Residential Landscapes?: Fid-Bau Portal

How Do Homeowners Associations Regulate Residential Landscapes?

Turner, V. Kelly / Stiller, Matthew

Problem, research strategy, and findings: Residential landscapes are homogenizing the ecology of cities, and decisions about yard structure and management practices are the result of a complex mix of actors and institutions operating at multiple scales. In this study we examine how one such institution, the homeowners association (HOA), homogenizes yard ecology at the neighborhood scale through formal institutional rules. We examine a random sample of publicly recorded covenants, codes, and restrictions (CCRs) documents and a nonrandom sample of private architecture and landscaping guidelines for HOAs in Maricopa County (AZ). We find landscaping rules in CCRs have increased over time but are relatively small in number and generic in content, sometimes repeated municipal rules, and increasingly outsourced rules to architectural and landscaping guidelines. Rules about yard aesthetics or maintenance were required, whereas rules relating to environmentally sensitive landscaping were encouraged. We propose HOAs facilitate ecological homogenization by aggregating heterogeneous rule types to formulate a club good.

Takeaway for practice: Our findings suggest planners can enact ordinances that influence residential landscape ecology in HOAs via statutory mandates because CCRs reinforce existing rules at the neighborhood scale. However, HOAs potentially inhibit adoption of voluntary programs directly or indirectly via approvals and restrictions. Moreover, the finding that HOAs are increasingly shifting regulations from publicly recorded CCRs to private documents reveals a challenge for planners because private contract law allows land use provisions in HOAs to remain “hidden” from the public domain.