In the United States it would be discrimination if, for example, the rules were selectively enforced against people of a certain protected class such as race or religion.
HOA control is simply a covenant written into the deed of certain properties by the original developer that is then inherited in perpetuity by future deed holders.
The deeds of all properties on certain blocks in my neighborhood have a similar covenant saying that your building must be set back 14 feet from the curb in order to create a luxury boulevard-width sidewalk.
A homeowner can’t sell me the right to build up to the curb or the right to ignore the HOA because they can’t sell a right they never owned in the first place.
> In the United States it would be discrimination if, for example, the rules were selectively enforced against people of a certain protected class such as race or religion.
To modernize an old sawhorse, those don't-lie-down-here spikes on flat surfaces make it impossible for millionaires and the homeless alike to sleep in many places. That's not so much of a problem for the millionaires.
it is also discrimination if a rule applies to everyone, but only a certain group is actually affected by the rule. for example forbidding to build a ramp would be discriminating against wheelchair users, whereas others don't even need a ramp.
HOA control is simply a covenant written into the deed of certain properties by the original developer that is then inherited in perpetuity by future deed holders.
The deeds of all properties on certain blocks in my neighborhood have a similar covenant saying that your building must be set back 14 feet from the curb in order to create a luxury boulevard-width sidewalk.
A homeowner can’t sell me the right to build up to the curb or the right to ignore the HOA because they can’t sell a right they never owned in the first place.
Freedom of association is not relevant here.