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Does the obligation to join an association run with the land?

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By assumption, A gave/sold limited resale rights to the HOA before he sold to B, so he can't sell B an unlimited resale right. Or to be more realistic, the builder gave the HOA limited resale rights before it sold the homes in the first place, so no owner ever held unlimited resale rights in the first place.

Bryan Caplan suggests that under libertarian law, racial covenants could operate in the form of home owner association agreements (HOA): By assumption, A gave/sold limited resale rights to the HOA before he sold to B, so he can’t sell B an unlimi...

A larger problem is restrictive covenants that follow land become an easy way to form non libertarian governments within libertarian societies, making libertarianism that enforces restrictive covenants non-equilibrium. I don't think his original criticism even makes sense.

"It's a bit like feudalism and feudalism is Very Bad" isn't exactly an argument.

unbundling this set of rights we call "ownership" and alienating one of them (unrestricted right to resell - ius disponendi).

But there are issues with that, and in jurisdictions I am familiar with it is usually impossible among private parties. Well, standard explanation is that would undermine the notion of ownership and its social utility - you would never know whether the seller transfers to you "full bundle" or just a "limited option".

If restrictions became too oppressive (or too out of kilter with current values), then there would simply be no buyers or users of the property.

The owner would abandon it, and someone else could homestead it without any strings attached.

I've read enough of them to know that at least some reject the notion of an association having legal personality apart from the legal personality of its members (e.g., through limited liability incorporation).

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