Those things should break city law though! To me, this is another of privatizing what should be the government's job, resulting in less accountability and less democratic control.
Someone who wants a place quieter than the noise level the city enforces can find a development with an HOA that sets a lower level. Someone who is particularly sensitive to smoke can find a development that bans outdoor fires on more days than the city does.
As long as an HOA is only limiting things that actually affect other people and maintaining common property, and it is legally structured in a way that prevents scope creep (or ensures that existing owners are grandfathered if new restrictions are imposed), I don't see anything inherently wrong with having an HOA.