First you can't decide to be a part of the HOA. If you buy a property covered by an HOA you are a member and must abide by the rules. Secondly, if I am reading the article correctly, the HOA changed the rules after they moved in. I think they have a very strong case for appeal on the last point.
Of course, you can decide not to part of a HOA. Nobody is pointing a gun at your head forcing you to sign to buy and sign the covenant!!!! If the covenant gives the HOA the power to subsequently change the rules, then the purchaser doesn't have a right to whine later. He should have read it first. It is just like any other contract.
If you move to a house cause there is a school in the neighborhood, and the next year the school board decides to close that school and consolidate the students in another building, do you have a right to sue someone?
If you voluntarily move into a house you are subject to the local gov'ts whose jurisdiction you are in.
An HOA is just another example. An HOA isn't a fixed set of rules, it is a gov't.
Rules can be added and subtracted according to the HOA's bylaws, etc.
SD
No one is forced to buy an HOA property.
That's a voluntary personal choice.
Secondly, if I am reading the article correctly, the HOA changed the rules after they moved in. I think they have a very strong case for appeal on the last point.
Nope.
They knew when they moved in that the HOA could amend its bylaws at any time.