Drafting Common Interest Community Documents: Minimalism in an Era of Micromanagement

Authors

Patrick K. Hetrick, Campbell University School of LawFollow

Abstract

Part I of this Article suggests a minimalist approach to the drafting of documentation creating a common interest community. It assumes that the common interest community will be located in a jurisdiction that has passed some form of a comprehensive uniform act. Part II then analyzes the issue of "promises" (covenants, restrictions, and rules) and addresses issues that include the unfortunate contemporary trend toward micromanagement of communities. It goes on to suggest that a legislative and judicial reaction to private community governance is developing. Part III of this Article explains why existing consumer protection devices are little more than mirages in terms of effectiveness. As a solution, it advocates combining minimalist drafting techniques with concise, meaningful, voluntary disclosures to consumers.

Recommended Citation

Patrick K. Hetrick, Drafting Common Interest Community Documents: Minimalism in an Era of Micromanagement, 30 Campbell L. Rev. 409 (2008).