Homeowners’ associations (HOAs) establish regulations to uphold property values and neighborhood aesthetics, but some of these rules may exceed legal boundaries. If you’ve encountered unjust fines or been told you cannot install solar panels, you are not alone. Whether you possess a condo in Miami, FL, or a house in Phoenix, AZ, knowing your rights is crucial. This comprehensive guide from Redfin addresses 12 unenforceable HOA rules and offers advice on dealing with HOA overreach.
Key Points:
- Numerous unenforceable HOA rules violate state or federal laws, including constraints on satellite dishes, political signs, and solar panels.
- Homeowners have the right to challenge HOA overreach, such as limitations on parking, rentals, and home-based businesses.
- If an HOA enforces unlawful rules, homeowners can cite state laws, lodge complaints, or resort to legal action to safeguard their rights.
1. Imposing excessive fines without proper notice
HOAs may levy fines for various infractions, like inadequate lawn upkeep or extended placement of trash bins. Nonetheless, fines must adhere to legal protocols.
Why it might not be enforceable: HOAs are required to follow due process, which involves issuing written warnings, conducting hearings, and documenting violations before imposing fines. Arbitrary fines that don’t adhere to these procedures may be unenforceable.
What to do: If your HOA fines you without prior notice or a hearing, request documented proof that the fine aligns with HOA bylaws. If it doesn’t, formally contest the fine and consider legal options if necessary.
2. Preventing you from suing the HOA
Certain HOAs try to include clauses that prohibit homeowners from initiating legal proceedings.
Why it might not be enforceable: Homeowners always retain the right to take legal action against HOA misconduct, irrespective of any HOA-imposed restrictions. However, some HOA agreements incorporate arbitration clauses necessitating mediation before a lawsuit.
What to do: If your HOA threatens repercussions for legal action, seek professional legal counsel and document all communications.
3. Forcing you to use a specific landscaping service without documentation
Certain HOAs mandate that homeowners engage a designated landscaping company, often at exorbitant costs.
Why it might not be enforceable: HOAs cannot compel homeowners into exclusive contracts unless explicitly stated in the governing documents. Even then, such rules often face legal challenges.
What to do: Request evidence verifying this requirement in your HOA’s CC&Rs (Covenants, Conditions & Restrictions). If not explicitly outlined, you can contest the rule.
4. Limiting parking on public streets
Certain HOAs seek to regulate or prohibit parking on public roads within or near the community.
Why it might not be enforceable: HOAs lack jurisdiction over public roads, which fall under local government purview. Nevertheless, they can regulate parking on private streets within the HOA’s authority.
What to do: Consult your city’s transportation department to verify parking regulations. If your HOA attempts to enforce restrictions on public streets, they are likely exceeding their authority.
5. Restricting the number of tenants in your home
HOAs may endeavor to cap the number of tenants permitted per dwelling, restricting extended family or roommates.
Why it might not be enforceable: The Fair Housing Act prohibits discrimination based on familial status, encompassing limitations on occupancy beyond reasonable health and safety concerns. However, HOAs can impose rational occupancy limits based on local housing codes.
What to do: If your HOA seeks to enforce tenant limits without a legal basis, reference fair housing laws to contest the rule.
6. Banning political or religious signs
Certain HOAs prohibit homeowners from exhibiting political campaign signs, religious symbols, or similar items in their yards or windows.
Why it might not be enforceable: Several states, including Texas and California, safeguard homeowners’ rights to display political or religious signs on private property. These laws ensure that an HOA cannot impede free speech and personal expression within a homeowner’s lawfully owned space. Nevertheless, HOAs may regulate signage in communal areas or impose rational size and placement restrictions.
What to do: Review your state’s laws on political and religious expression. If protected, present these laws to your HOA to dispute any unjust enforcement.
7. Prohibiting solar panels
HOAs occasionally limit the installation of solar panels, alleging they disrupt the uniform appearance of the neighborhood. In numerous instances, this constitutes another unenforceable HOA rule.
Why it might not be enforceable: Various states, including Florida and Arizona, have solar access laws preventing HOAs from obstructing solar panel installations. However, certain HOAs can enforce rational aesthetic regulations, such as necessitating panels to be situated in less visible locations.
What to do: Review your state’s solar rights laws and furnish documentation to your HOA to challenge any limitations. If they persist, legal recourse may be essential to uphold your rights.
8. Restricting home-based businesses
HOAs frequently attempt to prohibit home-based businesses, even those with minimal impact on the neighborhood.
Why it might not be enforceable: The Fair Housing Act (FHA) and numerous state laws safeguard small-scale home businesses, such as remote work, freelancing, and low-traffic operations. However, HOAs can bar businesses that generate excessive noise, traffic, or disruptions.
What to do: If your HOA tries to prohibit a home-based business that doesn’t impact the community, request their legal justification. If they cannot provide one, the restriction is likely invalid.
9. Prohibiting short-term rentals without clear CC&R restrictions
Certain HOAs endeavor to prevent homeowners from utilizing their property for short-term rentals (Airbnb, VRBO, etc.).
Why it might not be enforceable: If the HOA’s CC&Rs don’t explicitly prohibit short-term rentals, the HOA may lack the authority to enforce such a restriction. Nevertheless, if the CC&Rs contain rental restrictions, courts often uphold them.
What to do: Check your CC&Rs. If the restriction is absent, your HOA cannot enforce it. However, if it’s in the governing documents, the rule is likely valid.
10. Charging unapproved special assessments
HOAs sometimes impose unforeseen charges for maintenance or community enhancements without homeowner consent.
Why it might not be enforceable: Any escalation in HOA fees or special assessments must adhere to a specific process, including a vote by homeowners.
What to do: Request a detailed financial breakdown and review your CC&Rs before accepting additional fees. If the HOA fails to follow proper procedure, the charge is null and void.
11. Banning clotheslines
Certain HOAs prohibit the utilization of clotheslines, citing concerns about aesthetics and property values.
Why it might not be enforceable: Some states have “Right to Dry” laws, which render it illegal for HOAs to ban clotheslines due to environmental and energy conservation benefits. Nonetheless, not all states offer these protections.
What to do: If you reside in a state with a Right to Dry law, present it to your HOA and contest the rule. If they decline to comply, escalate the matter legally.
12. Restricting satellite dishes
Certain HOAs attempt to prohibit or severely restrict the installation of satellite dishes, alleging they disrupt the community’s aesthetic.
Why it might not be enforceable: The FCC’s Over-the-Air Reception Devices (OTARD) Rule prohibits HOAs from banning satellite dishes smaller than one meter in diameter. This rule ensures homeowners have the right to access telecommunications services, including satellite TV and internet. Nonetheless, HOAs can regulate dish placement on common areas or mandate less conspicuous installation.
What to do: If your HOA demands removal, present them with the FCC’s OTARD rule. If they persist, you can lodge a complaint with the FCC to safeguard your rights.
What to do if your HOA attempts to enforce illegal rules
Even if a rule is legally unenforceable, an HOA may still endeavor to enforce it. If you find yourself grappling with HOA overreach, here are steps to take:
Step 1: Review your HOA’s governing documents (CC&Rs)
Initiate by examining your community’s Covenants, Conditions, and Restrictions (CC&Rs) along with HOA bylaws. If the disputed rule isn’t expressly stated or contradicts state or federal law, it may not be enforceable.
Step 2: Research state and federal laws
Numerous unenforceable HOA rules contravene federal safeguards like the Fair Housing Act or state laws protecting homeowners. Research homeowner rights laws in your state or consult a legal expert for confirmation.
Step 3: Attend HOA meetings & challenge the rule
Raise the issue at an HOA board meeting. Present pertinent legal documents and respectfully dispute the rule. Many HOA boards retract rules when presented with legal evidence.
Step 4: Submit a formal written complaint
If a discussion fails to resolve the issue, submit a formal written complaint citing specific legal references. Document all communications and responses from the HOA.
Step 5: Seek legal assistance or mediation
If the HOA persists in enforcing an illegal rule, seek guidance from a real estate attorney or a local government agency overseeing HOAs. Numerous states offer HOA ombudsman programs aiding homeowners in resolving disputes.