Should Home Owner Association be considered as State Actors and subject to 1st Amendment restriction

[Skill and Chance]

No, but they shouldn’t have any way to enforce rules on private property. All they should be able to do is maintain the community’s common areas and nothing else. Shovel the sidewalks, mow the park’s grass, and GTFO.

They can fine those who breaks the rules, and keep adding interest if no payment. When the amount is large enough, they can sue.

HOAs are awful, but people who move into gated communities tend to have less regard for "live and let live".  They want conformity and they are concerned with their own property values.

I will never live in a community with an HOA if I can possibly avoid it.  I already am reluctant to live in an area that is an incorporated city.  The rules and regs can become downright onerous.

This.  People have the right to choose to live in a community that mutually decides what can and can't happen on and within view of their properties in much greater detail than the government can.  As long as there are plenty of other places to live and they aren't violating civil rights law, who cares?

[David Hume]

No, but they shouldn’t have any way to enforce rules on private property. All they should be able to do is maintain the community’s common areas and nothing else. Shovel the sidewalks, mow the park’s grass, and GTFO.

They can fine those who breaks the rules, and keep adding interest if no payment. When the amount is large enough, they can sue.

Well, its less a fine more like liquidated damages in a contract case. Fine implies criminal.

I think you are right. The essential difference of HOA and self organized local government in a remote area is whether the state has delegated the power of enforcement to them.

[Okay, maybe Mike Johnson is a competent parliamentarian.]

No, but they shouldn’t have any way to enforce rules on private property. All they should be able to do is maintain the community’s common areas and nothing else. Shovel the sidewalks, mow the park’s grass, and GTFO.

They can fine those who breaks the rules, and keep adding interest if no payment. When the amount is large enough, they can sue.

HOAs are awful, but people who move into gated communities tend to have less regard for "live and let live".  They want conformity and they are concerned with their own property values.

I will never live in a community with an HOA if I can possibly avoid it.  I already am reluctant to live in an area that is an incorporated city.  The rules and regs can become downright onerous.

This.  People have the right to choose to live in a community that mutually decides what can and can't happen on and within view of their properties in much greater detail than the government can.  As long as there are plenty of other places to live and they aren't violating civil rights law, who cares?

There are plenty of HOAs in areas where one or both of these things is untrue, depending on development patterns and age of housing stock.

[lfromnj]

IIRC TX has some weird laws regarding the formations of HOA's and I think it would have some argument there.