Ethical Branding and Marketing

7     Ethical Branding, Homeowner Associations, and Judicial Review Using a Socially Responsible

Administrative Law “Hard-Look” Standard

Jeffrey Kleeger

Introduction

Pre-history city-fortresses protecting villages from invasion were the original Homeowner Associations (HOAs). Gates and walls secure a community. There is perceived value in a branded community that provides the goods and services it claims to offer (Crosby, 2010). This is the essence of ethical branding. Today gated communities, including high-rise condominiums and co-operatives legally organized as owner-associations,¹ are city-fortress-like to the extent they offer sanctuary and a sense of community, coupled with a comforting feeling of home, independence, safety, and provision ...