Actually, Steve, HOAs are not exactly "non-governmental." In practice, if not fully in fact, they are precisely governmental - they
govern how neighborhoods are constructed and what residents can do on or with their "property," and they establish additional taxes (aka "fees") that residents must pay over and above taxes levied by towns, counties, special districts, states, and the Federal government. Some of them build roads, fire departments, security forces, community centers, and other infrastructure otherwise provided by "real" government. However, unlike "real" governments, they are not required to play fair, to provide redress, to operate courts, or to justify their actions. In many cases, their actions are explicitly immune to appeal to "real" government agencies and courts. I am baffled why the American people have consented to the creation of this extra-legal layer of governance.
No, I am NOT a libertarian. Many might accuse me (incorrectly) of being a Big Government Liberal. But the HOA phenomenon is an abysmal surrender of what should be fundamental rights of homeowners. It is a voluntary assumption of excessive, unreasonable, often arbitrary, and usually uncorrectable regulation based less on law than on the whims of tin gods whose hobby is telling other people what they can't do.
HR 555 appears to be a capitulation to the HOA lobby, but I haven't studied it enough to be sure of that. The ARRL FAQ, which I read today, seems poorly written in pidgin legalese that borders on double-talk. It is certainly NOT a well-intentioned attempt to simplify the complex or clarify the vague. I am disappointed in the League, of which I have been a life member since the 1970's.
We live in interesting times.
73,
/Rick N6XI