[19870213]

But to buy that home/land from the previous owner you have to sign a contract stating you can't leave the HOA and that when you sell you only sell to those who will join the HOA and contract.

This goes back to the construction company/realtor investing to build the entire suburb and putting down the roads and such.

[bdowling]

> you have to sign a contract

You have the right idea, but there isn’t a contract that a buyer has to sign.

A restrictive covenant is attached to a property when a developer (e.g., of a condo complex or subdivision) deeds a subject property to an initial buyer. The restrictions “run with the land” and are enforceable against any subsequent buyer. (The restrictions are a public record kept with the county recorder, so any buyer is on “record notice” whether they actually knew about them or not.)

Also, the way most HOAs work, there is no joining just as there is no opting out. You are a member if you own a subject property. That’s it.

I mainly know about California, but it should be similar in other states.

[raverbashing]

I wonder how many times this way of doing contracts was tested in the Supreme Court