As part of the purchase, you are given the deed restrictions and you contractually agree in the closing process to follow them. We once backed out of a purchase when we read the overly strict restrictions.
You also contractually agree that the association has the ability to fine you for violations and put a lien on your property if you don't pay. There are plusses and minuses. The minuses are obvious - PITA, picky busybodies, limited paint colors, landscaping restrictions, etc. The plusses are that in general, the whole neighborhood is typically better maintained - paint, lawn, general upkeep, etc. which affects your property value.
Can't you buy from the owner and not sign the contract with the HOA? Presumably the HOA has a contractual grievance with the prior-owner; or are such HOA contracts enshrined in criminal law?
My guess is that the restriction is already on the existing deed, originating with the first sale from the builder of the community. So it transfers with the property.
You also contractually agree that the association has the ability to fine you for violations and put a lien on your property if you don't pay. There are plusses and minuses. The minuses are obvious - PITA, picky busybodies, limited paint colors, landscaping restrictions, etc. The plusses are that in general, the whole neighborhood is typically better maintained - paint, lawn, general upkeep, etc. which affects your property value.