Unsurprisingly, most homeowners in the U.S. would prefer not to live in a neighborhood ruled by a homeowners association (HOA). The reason is no secret: HOAs have a reputation for interfering with people’s everyday lives, and the possibility that a busybody neighbor with nothing better to do will try to dictate how you live is very real.
Still, for most people, living under the watchful eye of an HOA means following a few reasonable rules, and most HOA covenants are designed with the community’s best interests at heart. But HOAs are run by human beings, and those human beings sometimes let power go to their head and they overstep, voting in rules that aren’t just unreasonable—they’re legally unenforceable. If you’re part of an HOA, watch for these common rules that you can usually successfully challenge—or safely ignore.
Rules against legal action
First and foremost, if your HOA has a rule stating you can’t take any legal action against the HOA, it’s almost certainly not enforceable. The HOA can have rules requiring you to go through specific procedures before you take legal action, and it can have rules requiring you to go through an alternative dispute resolution (ADR) process, typically third-party arbitration (just like many companies require when you agree to their terms of service). But even if your HOA has an arbitration clause in its governing documents (Covenants, Conditions & Restrictions, or CCR), that doesn’t mean you can’t bring a lawsuit if that becomes your only recourse—no HOA can simply forbid its members from suing the board, board members, or your neighbors. Just make sure you read the CCR carefully and follow all the procedures for conflict resolution first.
Rules requiring specific contractors
If your HOA tells you that you must use a specific contractor for landscaping, home repair or renovation, or any other service, check the CCR. Unless it’s specifically stated in those governing documents, that rule is unenforceable. And it’s unlikely to be in those governing documents because HOAs, like any other client, probably need the flexibility to change contractors when necessary.
HOA boards can, of course, hire contractors for HOA business as needed. For example, the HOA can certainly hire whoever it chooses to landscape the common areas of the community. But they can’t then insist that you use that same landscaper on your private property.
Rules against signage
Homeowners associations can outline specific restrictions when it comes to signage displayed on properties under their administration, typically regarding size and number of signs. It’s reasonable that an HOA might not want folks to put 100 enormous political signs on their lawn during campaign season.
But the HOA probably can’t forbid you from displaying signage on your property completely—it’s a First Amendment issue, and most states have explicit laws against preventing folks from having political or religious displays on their property. The HOA can, however, have rules that are “facially neutral”—not specifically designed to limit protected speech. For example, a rule that balconies be kept clear might mean you can’t put a sign on yours, but since it’s not about signage specifically it’s probably allowed.
Rules against parking
Many HOAs have rules concerning vehicle parking. When those rules apply to the private roads under the HOA’s jurisdiction, you probably have to adhere to them or pay the requisite fines. But check to make sure your HOA isn’t trying to enforce those rules on public roads, too. If your house abuts a public road, you don’t have to pay attention to HOA parking rules—for example, you could have several vehicles parked there, as long as they’re legal in the eyes of the local parking authority. Some HOAs will try to stretch their authority just a little to keep roads visible from, but not part of, the community clear.
Rules against exterior objects
HOAs are often absolutely obsessed with appearances. Thus, there are usually a lot of rules concerning paint colors, landscaping, decorations—and just about anything else that could be glimpsed by a horrified neighbor. Some of these rules are, unfortunately, absolutely enforceable as long as they were properly adopted into the governing documents of the community. But there are a few exterior displays that your HOA most likely can’t forbid:
Solar panels. Depending on where you live, your HOA may not be able to stop you from installing solar panels on your roof. Many states have enacted “solar access” laws that protect a homeowner’s right to install solar panels, so check your state law if your HOA is trying to stop you from installing panels. Note that even if the HOA can’t stop you, they can likely impose restrictions on size and placement.
Clotheslines. HOAs hate clotheslines because they ruin the perfect vision of pristine backyards, but odds are they can’t forbid you from using them. Depending on where you live, your HOA may not be able to enforce a rule against them; many states have “right to dry” laws on the books that protect your right to dry your clothes in the sun.
Satellite dishes. If your HOA complains that your satellite dish ruins your roof line, don’t worry: The Federal Communications Commission (FCC)’s Over-the-Air Reception Devices Rule trumps their rules and allows you to install that dish.
The American flag. If your HOA tries to stop you from displaying the American flag on your property out of some misplaced zeal for clean visuals, remind them that there is literally a federal law on the books that gives you the right to fly the flag (although your HOA can restrict the size and number of flags on display).
“For Sale” signs. HOAs worry that a lot of “for sale” signs in front of houses will make the community look janky and undesirable, so they sometimes solve for this by forbidding them. This is probably not enforceable, though the HOA can limit the size and number of signs allowed.
Rules against businesses
This isn’t cut-and-dry. Generally, HOAs can (and usually do) prohibit home-based businesses that disrupt the community with noise, increased foot traffic, or other conditions that impact your neighbors’ right to enjoy their property. These rules in the governing documents are usually pretty vague, and could be read to include any “non-residential” activity like remote work, freelancing, or selling products.
What do you think so far?
Some states, like Colorado, have passed laws prohibiting HOAs from enforcing these rules, but if your state hasn’t, the HOA probably can prohibit you from running any sort of business out of your home. The key is to read the language in the CCR—if it focuses on disruption and your business doesn’t make noise or impact your neighbors in any way, the HOA probably can’t enforce that rule.
Landscaping rules
HOAs often bake strict landscaping rules into their governing documents. They want a uniform and uniformly neat appearance to keep property values high, and to prevent folks from getting too creative with their front yards.
But check your state laws—an increasing number of local governments are forcing HOAs to allow homeowners to landscape using native plants instead of being forced to maintain grass lawns or other specific landscaping arrangements. Native plants are usually less resource-intensive and encourage pollinators, among other benefits, so if your HOA is trying to force you to landscape their way it’s worth checking to see if they’re allowed to do so.
Rules against guns
If your HOA declares itself to be a gun-free area and prohibits having firearms even in the privacy of your home, it’s likely unenforceable thanks to the Second Amendment of the Constitution.
HOAs can probably restrict guns just about everywhere else in the community, however, so you may not be allowed to carry your handgun to the pool area. But keeping a gun in a safe in your closet? You’re on solid legal ground if you choose to ignore any rules against this.