Yes, my point is that the restriction is already covered in the law. If the HOA deems it appropriate to control such things, they can petition and hold a public vote to create a municipality and then control things to their hearts content. As it is, basically everyone hates HOAs and would vote against incorporation, ergo they should have no power to act like a municipality...
Not to mention that they are inherently undemocratic as they are typically formed when there are very few residents in the subdivision, and are hard to change after creation...