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by HarryHirsch 1489 days ago
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.

2 comments

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.