HOA power trips that won't fly legally

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Published Date 11/15/2024

Living with a homeowners association (HOA) can come with a host of perks—like gorgeously manicured common lawns, swanky amenities, and community gatherings. But it can also come with some unenforceable HOA rules, according to Realtor.com’s Jamie Wiebe.

Living with a homeowners association can bring attractive benefits like manicured lawns and festive community gatherings, but some HOAs enforce questionable rules that border on ridiculous, reports Wiebe. Think restrictions on trampoline cover colors or mandates to carry specific dog breeds through lobbies.

However, Wiebe notes that HOAs must operate within legal boundaries, regardless of board members' preferences. Both state and federal laws limit their authority to restrict homeowners.

The Fair Housing Act provides fundamental protection against discrimination. "An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act," explains Craig T. Smith, a lawyer in Hilton Head Island, SC. This covers discrimination based on ethnicity, race, religion, nationality, or family status, with some states offering additional protections, like California's safeguards for sexual orientation and gender identity.

Surprisingly, nineteen states protect "solar drying" - using clotheslines. While HOAs may view laundry as unsightly, they can't prohibit this practice except in shared backyards.

Regarding fines, they "must be set forth in the association's rules and bylaws," states Barbara Jordan, a real estate lawyer in Columbus, OH. Homeowners should verify any fine against their community's CC&Rs before paying.

HOAs can't make impromptu rules either. Board members must follow proper procedures for implementing new regulations, and these processes should be outlined in the CC&Rs. The FCC's Over-the-Air Reception Devices Rule protects homeowners' rights to install satellite dishes, making any HOA restrictions on these unenforceable.

Some states offer specific protections for landscaping. Texas and California defend native plant gardens, while Florida prevents HOAs from rejecting plants solely because they don't match the community's design scheme.

When facing disputes, Jordan advises: "Show up. Go to the meetings. Be on record as objecting to the issues. Write letters." She emphasizes following proper procedures: "Do not miss deadlines or forgo opportunities to be heard. That will only hurt your case."

Legal action remains a viable last resort, with some notable successes. One Olathe, Kansas resident won a lawsuit protecting his elaborate landscaping, which neighbors praised as the "nicest-looking in the entire neighborhood."

Wiebe concludes that regardless of how many notices or fines an HOA issues, homeowners retain their rights. Building support among neighbors can lead to new elections or the elimination of excessive rules. The key is understanding your rights and following proper channels for objections.

Realtor, TBWS

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