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An HOA is the lowest form and worst form of corrupt government. Yes it is a form of government. Take away the fact that you have to sign a piece of paper and consider every other aspect of an HOA and it lines up point for point with a government. You have to agree to and obey the rules and tenants and regulations etc of the government simply because you exist in its area of influence. You have to pay a regular tax/fee to the government simply because you exist or have things that they want to extract money from you for like property within their area of jurisdiction. If you don't follow the rules and regulations etc that they have laid out then they will fine you. If you refuse to pay the fines they will take your house from you. The leaders of this organization are elected by the people that are living within its jurisdiction. You simply have no choice if you want to live in that area you have no choice but to obey their rules and live under their regime. And on and on and on... Like I said every single point that defines what a government is also defines an HOA so I argue that they absolutely are a form of government and should be subject to the same rules and regulations and constitutional restrictions as every other level of government in the country.