Gated Communities, Covenants and Concerns
Keywords:
Ciudades cerradas, urbanizaciones privatizadas, urbanizaciones "encerradas", comunidades de propietarios, Estados UnidosAbstract
The authors inform us that residential property developments in the United States increasingly take the form
of common interest communities or developments, in which residents are bound to observe private land use
rules and regulations imposed at the time individual residences are purchased. Such rules and regulations,
which take the form of covenants, conditions and regulations, are essentially binding obligations or 'servitudes'
incumbent on the Land and initially imposed by the developer of the community. The extreme form of such
common interest communities is the gated community, which is generally inaccessible except through a
gate. All streets are private, and the Security of persons and property is maintained by private vigilants and
patrols. Gated communities raise a host of legal, economic and social issues, the most attention worthy of
which are exclusion, privatisation of services and facilities, access, management and governance, fiscal
responsibility, and personal and community liability. This chapter surveys and discusses these issues.
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Copyright (c) 2002 David L. Calllies, Paula A. Franzese, Heidi Kai Guth
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