A fundamental right most Americans think they have is Free Speech. It’s a bedrock of the U.S. Constitution. The First Amendment is so ingrained in the minds of Americans that most would swear that their freedom of speech and religion cannot be compromised.
Welcome to the world of the HOA, where Free Speech and Freedom of Religion is trashed every day. There are high court decisions which are often quoted as giving the typical HOA the right to deny your First Amendment freedoms. Google “Twin Rivers decision” to find a significant State Supreme Court decision which essentially says you don’t have the right to inform your neighbors about your political beliefs.
It’s incredible, really, how common embezzlements are from Homeowners Associations. With 320,000 HOAs across the country, you’d think there would be a major push to clean out the corruption that seems endemic in such HOAs as the latest one in the link below.
There are many fundamental problems with the structure of the modern HOA. As private non-profit corporations, the HOA is typically beyond the law. Restrictions against government, the protections we’ve grown accustomed to in the U.S. Constitution, don’t apply to the average HOA. As such, dictatorial edicts against such things as freedom of speech, protection against unreasonable search and seizure, and due process happen all the time.