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 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.
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.
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.
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.
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.
“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
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.
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
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.
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