If you had the opportunity to read the 1964 ULI ‘bible”, TB#50, The Homes Association Handbook, (see eEditorial post of August 31, 2006) on how to mass market HOAs, it becomes quite plain that the HOA model was subject to failure if certain requirements were not specifically stated in the CC&Rs.
The survivability of HOAs required mandatory membership and compulsory dues, plus the need for the draconian coercive measure of foreclosure, backed by statutes agreeing to this excessive punishment of homeowners. The survivability also required the loss of fundamental rights and freedoms, and this required the insistence that HOAs were not governments but private organizations allowed to operate outside the 14th Amendment protections, to which all other governmental entites are subject.
And finally, there was the need to conceal the loss of rights and authoritarian nature of HOA government when promoting HOAs to legislators, the media and the public.
See my comments: http://pvtgov.org/pvtgov/downloads/hoa_truth.pdf
Note: The term “disciplined democracy” was used to describe the government of the prior Cuban dictator, Fulginio Baptista, in a History Channel program. His government was notorious for rigged “democratic” elections and compliance by goon squads.
HOA Constitutional Government 