There are some issues with the word "freely" because in many cities all new construction is HOA-encumbered. So you have the choice between new construction with an HOA and old (quite possibly run-down) and no HOA. That's not a free choice, it's Hobson's choice.

It's about as free as entering into an arbitration agreement. You freely decide to get yourself a cellphone or credit card, and there aren't any on the market where you don't have to sign your rights away. It approaches shrinkwrap license territory.