Edit just to clear up: I don’t have a positive or negative opinion on HOAs. I know next to nothing about them. They’ve just been mentioned to me a few times by family members recently and I asked about aspect I didn’t understand
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The simple answer is that the right to opt out was given up by the first buyer and he cannot transfer it to you if he no longer has it.
The same is true for easement and other agreements that are written into the deed; the previous owners gave them up for unknown concessions and he can only sell whatever rights he has left. You can accept the whole deed or none of it, not just the part you want.
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