It's 100% true that you can avoid HOAs by simply not buying into one. No need for bureaucrats in DC to parachute in to run everyone lives for them. If you want to "opt-out" you can easily do so by not buying in an HOA. That's what the majority of people do. Having the government mandate the ability to opt-out is simply another way of denying others the ability to freely come together and decide rules for themselves instead of having people in DC decide for everyone.
Particularly it looks like if you want a new home, it is harder to avoid a HOA
It's entirely possible for someone to buy a property which is subject to an HOA, a well run respectful one. Then over time as "leaders" change, the HOA could become a poorly run one.
A federal opt out would be a huge intrusion into contract law, IMHO.
It's pretty easy to avoid HOAs, they have to be disclosed. It may be hard to buy where you want to buy and avoid HOAs though. But my parents' house doesn't have an HOA (but does have pretty picky city code enforcement), and the two houses I've owned didn't either; although the first did have a dry covenant that everyone I talked to said is unenforcable and I found amusing. Tends to mean older lots or more rural, because new developments like to setup HOAs, presumably because the buyers of new homes don't reject them.
Some sort of association is also more or less required if there's any form of shared responsibility, like in a condo.
Land is a limited resource. We are not making any more of it. Sometimes just looking farther away is an option but often times it isn't.
HOA's being required on certain properties is bonkers to me. It feels like extortion. Either agree to these onerous terms or get nothing.
This is why I always cringe when my neighbors on social media bitch about HOA. It just floors me that there are people who simply do not read HOA covenants before they buy their homes.
> It may be hard to buy where you want to buy and avoid HOAs though.
Gotta fully accept the tradeoffs you make.
I swore I’d never buy in an HOA community angain after that, but around me, non-HOA communities are crap. I want to maximize value and opportunity to resell so, HOA it is.
If you know the tree is going to immediately start dying, you're just going to find the cheapest, least healthy sapling at the nursery. Had they let you wait until the tree is more likely to survive, there's a better chance you'd be willing to spend a bit more to buy an older/larger sapling that'll look better and provide more shade from the start. Plus, the temporary tree slowly dying would probably be less visually appealing than an empty spot for a few months.
There are reasons why we plant street trees: improved aesthetics, increased home value, shade along the street and sidewalks, traffic calming effects, etc. By ignoring the reason behind them and just focusing on checking the box, your HOA was just begging for some malicious compliance that undermined the benefits of the replacement tree.