BY KATHLEENE PARKER
White Rock

Those who are new to Los Alamos might not realize that—thanks to Los Alamos’ unique county charter—ours is one of the most democratic towns in the nation. 

Sadly, that tradition—through homeowners’ associations—is eroding, replaced by unelected boards, dictatorial management companies, lack of due process for alleged “violations” and—due to Los Alamos’ acute housing shortage—buyers with few options but to buy into HOAs anyway.

Our county charter was drafted in the 1960s by those determined that a Cold War-era town at the forefront of fighting for democracy should itself be democratic. Our charter, for example, allowed registered Los Alamos voters to force an election that overturned a 1990s county council vote to sell county-reserve lands.  It also allowed citizens to petition the county, in 2003, for regulations protecting open lands.

So, why isn’t Los Alamos County—which required some developments to have HOAs—ensuring that Los Alamos HOAs are fair, respectful of members and democratically run?

Residents of one HOA last summer were locked out of a meeting of “their” board. Another HOA mostly refuses to publish meeting agendas. Some developers automatically form HOAs for new developments, with buyers having no say in that decision. In some HOAs, there is no way for members to directly contact “their” board members, or often, even to know who is on their board. One HOA existed for over 30 years with no enforcement clause in their bylaws because, in the words of one of its founders, “We didn’t want to be that kind of dictatorial HOA.”  Yet, that HOA’s  unelected board then quietly changed the bylaws to allow violation notices, stiff fines and no appeals process.   

HOAs have draconian recourse against members—including attempting property foreclosures—who do not “comply” or refuse to pay dues to fund HOAs, no matter how egregious their HOA’s behavior. Therefore, Los Alamos County should require (1.) that HOAs have elected boards, (2.) operate with full disclosure via honest agendas circulated before board meetings and (3.) bylaw changes—which can change the very nature of an HOA—only through a vote of full memberships. 

An effort is underway to explore ways to reform Los Alamos HOAs. Text 505-259-1886 or email thundermesa111@gmail.com for more information or to request a free “Democratic HOAs in Los Alamos or no HOAs” yard sign.