Living in a community with a homeowner’s association (HOA) can offer benefits like well-maintained common areas and consistent property values. However, it can also mean navigating a complex and sometimes overzealous set of rules and regulations. While HOAs have significant authority, that power is not absolute and must comply with federal and state laws. Many associations, whether through ignorance or intention, enforce illegal HOA rules that infringe upon your rights as a homeowner. Knowing where they cross the line is the first step in protecting yourself from overreach.
1. Restricting Satellite Dishes
If your HOA tells you that you cannot install a satellite dish, they are likely breaking the law. The Federal Communications Commission’s (FCC) Over-the-Air Reception Devices (OTARD) rule protects your right to install antennas or satellite dishes (one meter or less in diameter) on property you own or exclusively control. While they can impose reasonable restrictions on placement for safety or to preserve historic areas, they cannot ban them outright. This is one of the most commonly misunderstood and illegally enforced HOA rules.
2. Banning American Flags
Your right to display the U.S. flag is protected by the Freedom to Display the American Flag Act of 2005. An HOA cannot prohibit you from flying the Stars and Stripes on your property. They can, however, place reasonable restrictions on the time, place, and manner of the display to ensure it is done respectfully. For example, they may have rules regarding the size of the flag or the height of the flagpole, but a complete ban is illegal.
3. Prohibiting Native Plants or “Drought-Resistant” Landscaping
As more homeowners embrace environmentally friendly landscaping, conflicts with HOAs have risen. In states like Florida, Texas, and California, laws have been passed to protect a homeowner’s right to use xeriscaping or native, drought-resistant plants to conserve water. If your HOA demands you maintain a perfectly green, water-guzzling lawn and prohibits sustainable alternatives, they may be violating state law. Check your local statutes, as this is a growing area of homeowner rights.
4. Over-the-Top Fines
While HOAs can levy fines for rule violations, the amount must be reasonable and cannot be punitive. Some state laws cap the amount an HOA can fine a resident, and many require a clear process, including notice and a hearing, before a fine can be imposed. If your association is hitting you with exorbitant fines for minor infractions without due process, they are likely overstepping their legal authority. Scrutinize your CC&Rs and state laws regarding fine limitations.
5. Denying Reasonable Accommodations (ADA)
The Fair Housing Act (FHA) requires HOAs to provide “reasonable accommodations” for residents with disabilities. This could include allowing a homeowner to build a wheelchair ramp, reserving a closer parking space, or permitting a necessary service animal. If an HOA’s architectural guidelines or rules prevent a disabled resident from making necessary modifications to their living space, the association is breaking federal law. These are not optional HOA rules; they are legal obligations.
6. Forbidding Clotheslines
In a surprising number of states, “right to dry” laws protect a homeowner’s ability to use clotheslines or drying racks. These laws promote energy conservation by allowing residents to air-dry their laundry. HOAs that ban clotheslines in these states are enforcing an illegal rule. While they might be able to impose reasonable restrictions on their location or visibility, a blanket prohibition is often unenforceable where such state laws exist.
7. Selectively Enforcing Rules
One of the biggest sources of conflict is when an HOA engages in selective enforcement. The association cannot fine you for a violation while ignoring your neighbor who is doing the exact same thing. All HOA rules must be applied consistently and fairly to every member of the community. If you can prove the board is targeting you or ignoring violations by others, you may have a strong case against them for arbitrary and capricious enforcement.
8. Restricting Political Signs
Your right to political expression is a cornerstone of American freedom. While your HOA can impose reasonable restrictions on the size, number, and duration of political signs on your property, they generally cannot ban them entirely, especially around election time. Many states have specific laws that protect a homeowner’s right to display political signs. An HOA that tries to silence your political voice is likely overstepping its bounds.
9. Limiting Who Can Live in Your Home
HOAs cannot create rules that discriminate based on familial status, which is protected under the Fair Housing Act. This means they cannot prohibit children from living in the community (unless it is a designated senior living community). Rules that place unreasonable limits on the number of occupants in a home could also be seen as discriminatory. Such regulations often violate fair housing laws and are therefore illegal.
10. Foreclosing Without Proper Notice
The power to place a lien on your property and even foreclose for unpaid dues is an HOA’s most powerful tool. However, this action is governed by strict state laws that mandate a specific legal process. The HOA must provide you with proper notice, an opportunity to cure the debt, and follow all statutory foreclosure procedures. An association that jumps straight to foreclosure without adhering to these legal requirements is acting illegally.
11. Banning Service Animals
Under the Fair Housing Act, service animals and emotional support animals are not considered pets and cannot be subject to an HOA’s pet restrictions, such as breed or weight limits. If you have a documented disability-related need for an assistance animal, the HOA must make a reasonable accommodation. Denying a resident their right to have a necessary assistance animal is a serious violation of federal law.
12. Changing Rules Without a Vote
The process for amending an HOA’s Covenants, Conditions, and Restrictions (CC&Rs) is outlined in the governing documents themselves. Typically, it requires a vote by the homeowners, often needing a supermajority to pass. An HOA board cannot unilaterally change the core HOA rules or add significant new restrictions without following the proper procedure and obtaining the approval of the membership.
Understanding Your Homeowner Rights
Living under an HOA means agreeing to a certain set of standards, but it doesn’t mean surrendering your legal rights. Many associations overreach their authority, enforcing rules that are outdated, discriminatory, or in direct violation of state and federal law. By familiarizing yourself with these common areas of overreach, you can better advocate for yourself, challenge illegal enforcement, and ensure your HOA operates within its legal boundaries.
What’s the most outrageous HOA rule you’ve ever heard of or had to deal with? Share your story in the comments!
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