Living with a homeowners association can come with a lot of perks. But there’s a reason that a stigma exists against homeowners associations: Board members on a power trip can institute and enforce some ridiculous restrictions.
Ridiculous, like “restricting the color of trampoline covers” ridiculous.
Like “You must keep your garage door open during the day” ridiculous.
Like “You must carry your cocker spaniel through the lobby” ridiculous. (Come on!)
Even when you feel as though your HOA rules have turned into an implacable steel trap determined to ruin your life at every turn, find comfort in this: Homeowners associations are bound by the rule of law, no matter what the president of the board says.
State and federal laws restrict the homeowners association’s abilities to restrict you.
Below, find eight things HOAs can’t enforce on homeowners.
1. Discriminate undiscriminatingly
Your homeowner's association board might like to play at being tyrants, but here’s a line it can’t cross: the Fair Housing Act.
“An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act. That means that your homeowner's association can’t fine you or keep you from purchasing a home in the neighborhood because of your ethnicity or race.
It also can’t kick you out because members of the board hate your religion, or don’t like Germans, because you have children, or because you wear a Make America Great Again hat on a regular basis.
States often have additional protections safeguarding the homeowner. For example, California law protects sexual orientation and gender identity.
2. String you out on the (clothes)line
Nineteen states have laws on the books to prohibit a funny HOA restriction: your right to “solar drying.” (That’s a fancy term for using a clothesline.)
This time-honored tradition saves money and protects your clothes, but to your eagle-eyed HOA board, all those fabrics blowing in the breeze may not look “uniform.”
Too bad, buckaroos: Since almost half of the states protect your right to dry, any anti-clothesline additions to the covenants, conditions, and restrictions (CC&Rs) are downright unenforceable. Feel free to let your denim wave in the wind.
(There’s one caveat: If your backyard is shared with another homeowner, the HOA might have the right to restrict your strung-up lines.)
3. Fine you for fun
Are threatening letters making an appearance in your mailbox, telling you to trim that rosebush or face a fine? Check the community’s CC&Rs before complying. If that fine isn’t listed, you might not need to pay.
Of course, that doesn’t mean your HOA board will roll over, either; you might need to appeal the fine.
If so, first scrutinize those CC&Rs to make sure you have standing. Then, gather all the evidence you have and present it at the next board meeting. (Your HOA may have specific instructions for this process—make sure you follow them!)
If your argument is sound, it could pull back the charges.
4. Make decisions on the fly
Your community’s HOA treasurer can’t suddenly decide she hates pink mailboxes. Next time Shirley Homeowner comes over complaining, practice these magic words: “Is that mentioned in the CC&Rs?”
And slipping HOA rules in under the cover of darkness is a big no-no. The regulations for how new rules can be enacted should be outlined in your CC&Rs—and if the HOA isn’t following its own stipulations, you have a valid complaint for any secret swashbuckling.
If you do suspect something shady is afoot concerning what is included (and what isn’t included) in your HOA rules, start requesting documents and attending public meetings.
5. Demand you take down your dish
Your cable TV decisions are protected, thanks to the FCC’s Over-the-Air Reception Devices Rule. No matter how ugly your HOA thinks your space-gray satellite dish is, the board members can’t force you to take it down. Hello, cheap cable!
6. Nix native plants
Not all states protect your right to grow an environmentally friendly garden abundant with native plants. But if you’re in Texas or California, you can push back if the board’s not savvy with agave.
Florida, too, has its own homeowner-friendly rules: HOAs can’t restrict plants simply because they’re not in the community’s overall design plan.
If you’re a homeowner in one of those states, persuading your HOA to embrace eco-friendly policies isn’t impossible. With the right attitude and enough evidence of go-green benefits, you might just convert the entire neighborhood.
7. Keep you out of court
Snippy HOAs might make you think they’re above the law—but if you’re truly in a bind, you can challenge that assertion.
If the association’s governing documents allow it, start by demanding a hearing before the board. If that demand is met with silence, take it one step further: to the actual courts.
But if you’re past the point of mild frustration, a lawsuit might do the trick. Homeowners have sued their board for the right to display a sign critical of the HOA.
8. Beat you down
No matter how many letters and fines the board throws at you, you still have rights. Show up and be on record as objecting to the issues and write letters.
Just make sure to follow the process for objections.
Information provided by: By Jamie Wiebe (realtor.com)
Mar 12, 2021