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Comment by gabereiser | Hacker News Reader

It absolutely is NOT. The issue is when you buy a home in an HOA, you sign a contract with that HOA (outlining these rules and regulations) that is enforced in courts (it’s a signed contract). They are no better than collection agencies, not government agencies. They may use the same methods as backwater sheriffs do to bolster their pay but they are not, in any way shape or form, affiliated with any government agency.

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You don't just sign a contract with the HOA because most HOAs are not voluntary. There are some voluntary HOAs because they provide community amenities and you get access to those amenities when you join the HOA and possibly agree to some other restrictive covenants as well. Most HOAs you never even have to sign a contract it is written into the deed of your property that you are required to be a part of the HOA. In order to own the property you automatically are a member of the HOA and subject to all of it regulations.

The contract is part of closing. Like you said, it’s part of the deed. These cases the community was built by builders for the HOA to manage. In this case, the deed you sign for your house is the contract for HOA. This isn’t Fannie Mae, or Freddie Mac, or FHSA, or any government sponsored thing. It’s pure greed and privilege.

It's voluntary in the sense that you don't have to buy a house.

What does a government do? They make rules, enforce rules, collect money, organize some services, etc. All of this is done by the HOA too. You vote on leadership, just like citizens of a state. In essence, the HOA is an additional level of government.

It is duck-typed government. Just smaller than a city/town.

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