Eight Illegal and Unenforceable Rules Your Homeowners Association May Be Trying to Get Around
It’s no surprise that most homeowners in the United States choose not to live in a neighborhood governed by a homeowners association (HOA) . The reason is no secret: HOAs are notorious for interfering in people’s daily lives, and the possibility that an annoying neighbor with nothing better to do will try to dictate how you live your life is very real.
For most people, though, living under the watchful eye of a homeowners association (HOA) means following a few common sense rules , and most HOA agreements are designed with the community’s best interests in mind. But HOAs are run by people, and those people sometimes get the better of them and overstep their bounds by voting for rules that are not only unreasonable but legally unenforceable. If you’re a member of an HOA, take note of these common rules that can usually be successfully challenged — or safely ignored.
Rules against lawsuits
First of all, if your HOA has a rule that prohibits you from filing a lawsuit against the HOA , it’s almost certainly not enforceable. An HOA may have rules that require you to follow certain procedures before filing a lawsuit, as well as rules that require you to go through an alternative dispute resolution (ADR) process, usually an independent arbitration (similar to what many businesses require when you agree to their terms of service). But even if your HOA’s founding documents (Covenants, Conditions & Restrictions, or CCRs) have an arbitration clause, that doesn’t mean you can’t file a lawsuit if that’s your only remedy — no HOA can simply prohibit its members from suing the board, its board members, or your neighbors. Just make sure you read the CCRs carefully and follow any dispute resolution procedures first.
Rules requiring certain contractors
If your homeowners association (HOA) requires you to use a specific contractor for landscaping , home repairs, remodeling, or any other service, check the CCR rules. Unless it’s specifically stated in those rules, the rule is not enforceable. And it’s unlikely to be there, since an HOA, like any other customer, probably needs the flexibility to change contractors when needed.
Of course, HOA boards can hire contractors to handle HOA business when necessary. For example, a HOA can certainly hire any professional it chooses to do landscaping on public property. But they can’t require you to use that same professional to do landscaping on your private property.
Rules against signs
Homeowners associations can place specific restrictions on signs on the properties they manage, usually regarding size and quantity. It makes sense that a homeowners association might not want people putting up 100 giant political signs on their lawns during an election campaign.
But an HOA probably can’t completely stop you from putting up signs on your property — it’s a First Amendment issue, and most states have explicit laws prohibiting people from putting up political or religious displays on their property. However, an HOA can set rules that are “distinctively neutral” — not specifically designed to restrict free speech. For example, a rule that balconies must be clear might mean you can’t put a sign on your balcony, but since it’s not specifically about signs, it’s probably allowed.
Anti-parking rules
Many homeowner associations (HOAs) have rules about vehicle parking . If these rules apply to private roads under the HOA’s jurisdiction, you’ll likely have to follow them or pay the fines that come with them. However, make sure your HOA doesn’t try to enforce these rules on public roads as well. If your home backs up to a public road, you don’t have to follow the HOA’s parking rules — for example, you can park a few cars there if your local parking authority allows it. Some HOAs try to stretch their authority a bit , so that roads are visible from the outside but aren’t part of the development.
Rules against external objects
Homeowners associations are often obsessed with appearances. So there are usually a ton of rules about paint colors, landscaping, decor—and pretty much anything else a scared neighbor might see. Some of these rules, unfortunately, are absolutely mandatory if they’re properly codified in community bylaws. But there are a few appearances your homeowners association probably won’t be able to ban:
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Solar panels. Depending on where you live, your homeowners association may not have the right to prevent you from installing solar panels on your roof. Many states have “solar access” laws that protect homeowners’ rights to install solar panels, so check your state laws if your homeowners association is trying to stop you from installing panels. Note that even if your homeowners association can’t stop you, it can likely impose restrictions on size and placement.
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Clotheslines. Homeowners associations hate clotheslines because they ruin the look of a perfectly clean yard, but they probably can’t stop you from using them. Depending on where you live, your homeowners association may not be able to enforce any rules against them; many states have “right to dry” laws that protect your right to dry your clothes in the sun.
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Satellite Dishes If your homeowners association complains that your satellite dish is ruining your roof, don’t worry: The Federal Communications Commission’s (FCC) Over-the-Air Reception Devices (OTD) rules override theirs and allow you to install one.
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American Flag: If your homeowners association tries to stop you from flying an American flag on your property out of a misplaced desire for cleanliness, remind them that there is a federal law that literally gives you the right to fly the flag (though your homeowners association may limit the size and number of flags you can fly).
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“For Sale” Signs: HOAs worry that too many “For Sale” signs on the front of their buildings will make the community look untidy and unpresentable, so they sometimes solve the problem by banning them. This rule is probably not legally enforceable, although HOAs can limit the size and number of signs allowed.
Rules against business
This isn’t a cookie-cutter rule. Homeowners associations generally allow (and usually prohibit) home-based businesses that create a public nuisance through noise, excessive foot traffic, or other factors that impact your neighbors’ right to enjoy their property. These rules in governing documents are usually fairly vague and can be interpreted to include any “non-residential” activity, such as telecommuting, freelancing, or selling goods.
Some states, like Colorado, have laws that prohibit homeowners associations (HOAs) from enforcing these rules, but if your state hasn’t yet passed them, the HOA can probably prohibit you from operating any business outside your home. The key is to read the CCRs carefully: If they focus on public nuisance and your business doesn’t make noise or otherwise impact your neighbors, the HOA probably can’t enforce the rule.
Rules of landscaping
Homeowners associations often set strict landscaping rules in their articles of incorporation. They want the appearance to be uniform and neat to keep property values high and to discourage people from getting too creative with their yards.
But check your state laws—more and more local governments are mandating that homeowners’ associations allow homeowners to use native plants in their landscaping rather than maintain lawns or other special landscaping features. Native plants tend to be less resource-intensive and attract pollinators, among other things, so if your homeowners’ association is trying to force you to landscaping according to their rules, it’s worth checking to see if they’re allowed to do so.
Rules against weapons
If your homeowners association declares itself a gun-free zone and prohibits the carrying of firearms even in the privacy of your home, that decision is likely invalidated by the Second Amendment.
However, homeowners associations can probably restrict guns almost everywhere in the neighborhood, so you might not be allowed to bring a gun into the pool area. But keeping a gun in a safe in a closet? You have good legal grounds if you decide to ignore any rules that prohibit it.