Ownership means a few things, it's the right to use, and the right to deny use of, and if someone opposes you on your rightful usage or denial, then the unlimited fury of a thousand policemen are available to correct the other person.
You said the HOA doesn't own anything, actually they do "literally own" a portion of the thing that people pay for when buying a house. The right to deny use of your property for subletting (like airbnb). And if you don't comply, the policemen hit you with sticks until you do.
You said the HOA doesn't own anything, they own you, the human unit living in the home via dues. They also own a guarantee of income to whatever human unit lives in that house, that is a higher quality item to own than having ownership of say a cat or car. and the fact that your home serves as security for whatever liabilities the HOA corp board chooses to incur, HOA-burdened property represents a liability rather than an asset. It's a secondary level of government that resembles a banana republic.
There is also a continuing misperception that HOA corporations are miniature democracies. They are not. They have none of the protections for individual rights. So what if 50% of the neighbors don't like something. Majority rule might be fine for setting pool hours for the HOA corp's pool, but majority rule is not a democracy and it is not appropriate for what happens between the bedroom walls of "your" or more specifically "their" home.
The disputes that develop over the propriety and interpretation of restrictions is another cesspool. If there were no HOA corp, the disputes would tend to simply be differences of opinion. Natural barriers to litigation include the cost of litigation and the uncertainty of the outcome. However, the board members of an HOA corp bear no personal responsibility for financing litigation and are driven as much to harm fellow residents as they are to win. If they can cost a homeowner $20,000 and up, then their egos are satiated even if their HOA corp loses. The management companies profit from accusations of violations. The HOA attorney is likewise more concerned about provoking and maintaining the dispute for profit.
Which is why HOA's lower property values significantly by lowering the pool of available buyers.
You said the HOA doesn't own anything, actually they do "literally own" a portion of the thing that people pay for when buying a house. The right to deny use of your property for subletting (like airbnb). And if you don't comply, the policemen hit you with sticks until you do.
You said the HOA doesn't own anything, they own you, the human unit living in the home via dues. They also own a guarantee of income to whatever human unit lives in that house, that is a higher quality item to own than having ownership of say a cat or car. and the fact that your home serves as security for whatever liabilities the HOA corp board chooses to incur, HOA-burdened property represents a liability rather than an asset. It's a secondary level of government that resembles a banana republic.
There is also a continuing misperception that HOA corporations are miniature democracies. They are not. They have none of the protections for individual rights. So what if 50% of the neighbors don't like something. Majority rule might be fine for setting pool hours for the HOA corp's pool, but majority rule is not a democracy and it is not appropriate for what happens between the bedroom walls of "your" or more specifically "their" home.
The disputes that develop over the propriety and interpretation of restrictions is another cesspool. If there were no HOA corp, the disputes would tend to simply be differences of opinion. Natural barriers to litigation include the cost of litigation and the uncertainty of the outcome. However, the board members of an HOA corp bear no personal responsibility for financing litigation and are driven as much to harm fellow residents as they are to win. If they can cost a homeowner $20,000 and up, then their egos are satiated even if their HOA corp loses. The management companies profit from accusations of violations. The HOA attorney is likewise more concerned about provoking and maintaining the dispute for profit.
Which is why HOA's lower property values significantly by lowering the pool of available buyers.