The 1st refers to the government, not to housing communities to which you willingly moved. Don't like HOAs? Don't live in an HOA community. The government has no hand in this.
> Don't like HOAs? Don't live in an HOA community.
That's becoming harder and harder. Currently 68 million Americans live in some sort of community association [1] and that's constantly rising.
These are essentially hyper-local governments. I can "willingly move" between cities and states and yet city and state governments also can not infringe upon constitutional rights (though they certainly sometimes try).
It doesn't seem like a big stretch to hold HOAs to the same standard when you're talking about putting restrictions on something as fundamental as someone's residence. That isn't to say they aren't allowed to make any rules governing the community.
1. https://www.caionline.org/AboutCommunityAssociations/Pages/S...
Ex: https://www.calhomelaw.org/doc.asp?id=460
You can also say something similar about corporations.
The answer is that the GOVERNMENT enforces its will.
Like the fact that the HOA can lien your house for as little as $100 in dues.
And can then sell your house out from under you.
If you're _really_ unlucky, they'll sell it to a landlord who sits on the board of the HOA, and the board of the HOA will accept the sale for less than half of the market price, with the landlord buying the house being one of the deciding votes...
The way the bill of rights is applied to municipal governments isn't clear, but in my opinion this is an overreach.