There are some issues with the word "freely" because in many cities all new construction is HOA-encumbered. So you have the choice between new construction with an HOA and old (quite possibly run-down) and no HOA. That's not a free choice, it's Hobson's choice.
It's about as free as entering into an arbitration agreement. You freely decide to get yourself a cellphone or credit card, and there aren't any on the market where you don't have to sign your rights away. It approaches shrinkwrap license territory.
The HOA is used by the developer to retain control while they sell off all the new construction. They can milk it for fees because they have controlling interest
> many cities all new construction is HOA-encumbered
“Many cities” and “all new construction” are going to need serious citations. If your lens is through big home builders, then it looks like that but it’s completely false.
It's about as free as entering into an arbitration agreement. You freely decide to get yourself a cellphone or credit card, and there aren't any on the market where you don't have to sign your rights away. It approaches shrinkwrap license territory.