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OF APPEALS decidedGolden v. Planning Board of Town of Ramapo,I local and state government regulations largely determined the shape and form of community growth and development, local zoning ordinances controlled the use of land, and local and development regulations, mainly in the form of subdivision regulations, controlled the development itself, indeed, it was the merging of the two in the landmark Ramapo ordinance 2 that made Ramapo famous.No longer.Private land use controls in the form of the ubiquitous conditions, covenants and restrictions (CC&Rs) increasingly control the form, if not the pace, of development.Attached for decades to the plat of subdivision filed with local government authorities for public subdivision approval, 3 CC&Rs form the basis for the land use controls-indeed governance-of nearly all common interest communities, whose numbers grow exponentially with each passing year.4 This article sketches the outlines of such communities, then concentrates on their most controversial mutation: the gated community, its problems and its opportunities.It concludes with the observation that such a government-like entity, mimicking as it does so many aspects of local government, needs to be subject to many of the same rules as local
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