Reply #4: Yes they do.

[dmallind]

Because by buying the house you voluntarily enter into a contract where you waive those rights, inasmuch as they apply to the covenants of the HOA.

If private parties cannot waive their constitutional rights, and be bound by that agreement, then you have just overturned essentially all civil law.

That by the way is an opinion only on the contract (and while I am highly experienced with contracts, IANAL) not on the underlying issue. While HOA's can be restrictive petty little tyrants, homeowners can also be either intentionally disruptive or unintentionally tacky enough to affect the enjoyment of others, so I also have no truck with the blanket ability of owners to do whatever they wish with their property. Few people really do, no matter how much they claim this. For anyone who does considre the following questions:

a) In a normal developed area of houses close together, is it OK if a neighbor builds a 40' high three story addition right next to his neighbors' driveway? Why or why not?

b) Is it OK for a neighbor to operate a foundry in his yard - with the noise, smell and emissions that entails. Why or why not?

c) Is it OK for a neighbor to pile broken down cars three deep in his yard, right up to the edge of his neighbors? Why or why not?

Dure painting a design on your driveway is not the same as these, but unless you draw no line the argument must be where to draw it. I personally ahve no problem with driveway designs like this either, but if you OK one is it OK to have a "burn in hell sinners and sodomites" design, since that is free exercise? Is it OK to have a "Jihad against Western infidels" drivewya design since that is free exercise? Or even a "God is Santa Claus for grown ups and a delusion for the weak minded" design? You have to allow all or none.