No, your premise is a fraud - HOA's rules and regulations do not trump individual rights to one's property. Additionally HOA are not the be all and end all of making any and all regulations they want. Can they decide not to sell to different ethnic groups?, Can they decide not to sell to men? Of course not.
The premise of many HOA's is completely flawed. They have anotied themselves rulers of land they don't own...(once it is sold)..and are doing such under the guise of majority rule makes law within specific land zone. A terrible philosophy.
I am the vice-president of my HOA, I've take several people who thougt like you to Court, not a single one haswon their case.
An HAO is part of the contract that you agreed to at the time that you bought your home, you were neither forced nor coerced in any way to buy a house in an HAO community, but when you did, you signed a binding contract.
I couldn't care less about your opinion on the "premise" of an HOA, it's real, and it works exactly as I detailed to you.
No one decides not to sell to anyone, the buyer decides whether they want to buy a house in a development governed by an HOA.
There's no "philosophy" involved, there is a mutually agreed upon contract among home owners.
You don't like the contract?
Buy a house elsewhere.
This sentence stuck in my mind all day long.
I don't think you understand how an HOA community works.
The HOA contract is part of the closing documents on the purchase of your property; it's a legal contract.
As you go through the process of signing the required hundreds of pieces of paper that go along with a closing, the HOA contract is included, and either you sign agreement to abide by its rules, or you don't get to buy the house.