Legally you are correct.

> 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...

That is why there are law regulating HOAs, and they talk about that exact mini-government issue you talk about.

Ex: https://www.calhomelaw.org/doc.asp?id=460

You can also say something similar about corporations.

Some cities/states are effectively or actually forcing all new development to include a HOA as part of the developer opening up that tract of land, under the auspices of reducing the cost of maintenance by foisting that upon the HOA/community directly.

And what gives the HOA authority? What happens if I say "Screw you HOA, I am going to ignore you".

The answer is that the GOVERNMENT enforces its will.

And leaves itself open to huge injustices.

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...