Additional Coverage:
- 13 Annoying HOA Rules That Actually Can’t Be Enforced (financebuzz.com)
HOAs: Know Your Rights
Homeowners’ Associations (HOAs) often get a bad rap. They’re designed to maintain community standards and enforce rules, but sometimes they go too far. It’s important to know what an HOA can and can’t legally do.
Discrimination is Illegal
HOAs cannot discriminate against residents based on race, religion, sex, national origin, disability, or other protected characteristics. Fair housing laws apply to HOAs just like everyone else.
Right to Dry and Religious Freedom
Many states have “right to dry” laws, protecting your right to use a clothesline. HOAs can regulate placement, but not prohibit them outright. Similarly, HOAs cannot ban religious displays unless they directly offend another religion.
Gun Ownership and HOA Rules
While HOAs can regulate firearm usage on common property, they cannot ban legal gun ownership within a homeowner’s residence. Additionally, any new HOA rule requires a majority vote to be enforceable. Arbitrary fines not outlined in the HOA’s covenants are also invalid.
Equal Enforcement and Legal Rights
HOA rules must be applied equally to all residents. Favoritism is not allowed.
Furthermore, HOA rules cannot violate U.S. law. This includes rights like displaying the U.S. flag and installing satellite dishes (though the HOA can regulate placement and size).
Native Plants and Legal Action
Some states protect a homeowner’s right to cultivate native plants, even if the HOA prefers a uniform landscape. Importantly, HOAs cannot prevent residents from taking legal action against them.
Political Speech and Working From Home
HOAs cannot prohibit political signs, though they can regulate placement and size. They also cannot prevent residents from working from home, unless it involves disruptive commercial activity.
HOA Overreach
HOAs are meant to maintain community standards, not infringe on residents’ rights. Understanding your rights is crucial to prevent HOA overreach. They can’t dictate every aspect of your life.
Read More About This Story:
- 13 Annoying HOA Rules That Actually Can’t Be Enforced (financebuzz.com)