Soft Prison

By R. Courtland
R. Courtland

Subdivisions or Soft Prisons? The Growing Power of HOAs, and How They Reinforce Inequality

Owning a home is often touted as the ultimate symbol of freedom and achievement—a cornerstone of the American Dream. But for millions of homeowners living under the strict oversight of a Homeowners Association (HOA), that dream can feel more like being in a well-manicured prison. HOAs, originally created to maintain community standards and protect property values, have evolved into powerful, quasi-governmental organizations with the ability to control nearly every aspect of homeowners’ lives. And while the benefits of well-kept neighborhoods might seem appealing, the growing influence of HOAs has broader and more troubling implications—especially when it comes to reinforcing racial and economic inequalities in America.

It’s time to take a hard look at how HOAs function, their unchecked power, and their role in perpetuating divisions, particularly along racial lines.

The HOA Stranglehold: Who Really Controls Your Home?

At first glance, an HOA may seem like a group of well-intentioned neighbors working together to keep the neighborhood tidy. But for many homeowners, living under an HOA means giving up a surprising amount of freedom. Want to paint your front door a different color? You’ll need permission. Thinking about installing solar panels or putting up a fence? Not without approval from the HOA board. These associations, of which there are over 370,000 across the U.S., wield tremendous power, and if you don’t follow their rules, you can face serious consequences, including fines, liens, and even foreclosure.

And the stakes are high. According to the Community Associations Institute, more than 53% of homeowners in the U.S. are subject to HOA rules, and the associations collectively oversee trillions of dollars in real estate assets. These organizations often act as mini-governments, regulating everything from the appearance of homes to what vehicles can be parked in driveways. Worse, many homeowners don’t realize the extent of the HOA’s control until they find themselves on the wrong side of a violation notice.

HOAs and the Hidden Barriers of Racism

Beyond fines and aesthetic control, HOAs have a troubling history of reinforcing racial segregation and maintaining barriers that keep certain groups of people out of “desirable” neighborhoods. In fact, many HOAs trace their roots back to exclusionary practices like racially restrictive covenants—legal agreements that explicitly prohibited homeowners from selling their properties to non-white individuals. While the Fair Housing Act of 1968 outlawed these covenants, the legacy of housing discrimination continues, with HOAs often playing a subtle but significant role.

HOAs have the power to create economic barriers that disproportionately impact Black and minority buyers. These include:

• High Fees and Financial Screenings: Many HOAs charge steep monthly or annual fees, which, when combined with property taxes and mortgage payments, can make homeownership unaffordable for lower-income families. Additionally, some HOAs conduct financial background checks that allow them to reject potential buyers based on credit scores or income levels, often keeping wealthier, predominantly white homeowners in and lower-income, minority buyers out.
       

•  Restrictive Aesthetic Standards: The pressure to maintain a uniform aesthetic can also have racial undertones. HOAs often impose strict guidelines on home appearances and landscaping, enforcing what can sometimes feel like “white picket fence” ideals of neighborhood uniformity. This not only limits individuality but can discourage diversity by subtly signaling who “belongs” in these spaces.
       

• Policing Behavior and “Othering”: HOAs frequently act as gatekeepers, policing the behaviors and appearances of residents. In some cases, this leads to an increase in racial profiling, with minority homeowners or tenants being reported for minor or imagined infractions. Everything from loud music to the number of guests a resident has can lead to complaints, reinforcing stereotypes and marginalizing certain groups.

Where HOAs Thrive—and Where They Don’t

Not every state or community embraces HOAs with the same enthusiasm. In states like Florida, Texas, and California, HOAs are deeply embedded in suburban life. Florida alone has over 9.6 million people living under HOA governance. In these areas, HOAs are seen as guardians of property values, ensuring that neighborhoods remain pristine and desirable—often at the cost of personal freedom and diversity.

Conversely, in places like Oregon, Washington, and parts of the Midwest, HOAs are less prevalent, and many communities resist their growing influence. Cities like Portland are known for their relaxed attitudes toward property ownership, favoring individuality and personal expression over strict conformity. As a result, these areas tend to have fewer barriers to entry for potential homeowners, allowing for more diverse and inclusive neighborhoods.

The HOA as a Barrier to the American Dream

For Black and minority families, the rise of HOAs can serve as yet another hurdle in the already challenging path to homeownership. The Zillow 2020 report found that nearly 80% of new homes in the U.S. are built in HOA-governed communities. For those who prefer not to deal with the restrictions and fees of an HOA—or who may not meet the financial criteria imposed by the association—options for homeownership are increasingly limited.

In some cases, the practices of HOAs reinforce historical patterns of segregation, albeit in more covert ways. While HOAs no longer use explicit racial covenants, their policies can still work to keep wealthier, predominantly white residents in control of neighborhoods, creating an invisible line between who is welcome and who is excluded.

The Growing Power of HOAs: Is It Time for Reform?

As HOAs continue to expand their reach, the lack of oversight is becoming a serious issue. Unlike local governments, HOAs are often governed by volunteer boards with little accountability or formal training, yet they hold enormous power over residents’ lives. And while they operate with minimal checks and balances, homeowners are often left with few options to fight back against unjust rules or decisions.

Experts, like Evan McKenzie, author of Privatopia: Homeowner Associations and the Rise of Residential Private Government, warn of the dangers of giving so much unchecked authority to HOAs. McKenzie argues, “Homeowners in HOA communities give up more of their property rights than they realize. HOAs operate like mini-governments but without the same checks and balances that protect residents under public governments.”

The Future of Homeownership: Freedom or Control?

The rise of HOAs raises a critical question: Is the American Dream of homeownership being eroded by the very organizations meant to preserve it? When homeowners are subject to an endless list of rules, fees, and restrictions, and when those restrictions disproportionately impact minority buyers, can we really call it freedom?

For too long, HOAs have operated without sufficient scrutiny, enforcing conformity and protecting property values at the expense of personal freedom and diversity. As HOAs continue to grow in power, it’s time to ask whether they serve the best interests of homeowners—or whether they are reinforcing the inequalities that have long plagued the housing market.

The dream of owning a home should mean freedom—freedom to express yourself, raise your family, and live life on your own terms. But for millions living under the rule of HOAs, that dream is increasingly slipping away. It’s time for a reckoning and for a rethinking of the role HOAs play in shaping America’s neighborhoods, because the cost of control might just be too high.

Homeowner Association concept with residential homes models against an imaginary city map and text