The mere fact that a law uses the word may is a declaration that any such discretionary act is not in violation of the law. Otherwise, the law would say may not, or shall not, which is a declaration that any such act would violate the law. HOA acts and statutes are replete with such words, making many, many questionable HOA acts and actions legal. The HOA statutes and acts can be seen as a set of specialized laws working to distinguish the governance of territorial subdivisions under an HOA regime from the governance of those not living under an HOA regime.
So, I ask again:
1. Can we enter into a private contract to avoid the application of constitutional protections?
2. Can individuals contract to establish a governing body that controls and regulates the people within a territory and avoid adherence to the US Constitution?
3. If the answer to the above questions is yes, then what is the purpose of social contract embodied in the US Constitution?