No state in the US has the majority of its population living in HOA communities. There are choices but some people want all the upside of HOAs (imposing rules on others) and none of the downside (rules imposed on them). According to the Foundation for Community Association Research, Florida and Vermont are the most HOA focused states, with 45% of the population living in HOA communities. New York is only 18.8%, Oregon 13.1%, Wisconsin 12.7%, Georgia 21.8%, Arkansas 3%, and California 35.6%.

It's 100% true that you can avoid HOAs by simply not buying into one. No need for bureaucrats in DC to parachute in to run everyone lives for them. If you want to "opt-out" you can easily do so by not buying in an HOA. That's what the majority of people do. Having the government mandate the ability to opt-out is simply another way of denying others the ability to freely come together and decide rules for themselves instead of having people in DC decide for everyone.