12 Things Your HOA Can’t Stop You From Doing Legally

If you live in a community with a homeowners association (HOA), you know the frustrations that can come with fighting an uphill battle over a front door color or a new tree in your yard.

Fighting a legal battle against your HOA isn’t necessarily a smart money move for homeowners, so it’s important to know your rights. If you understand what the HOA can and can’t do, you can make a case for your situation without involving the courts.

You have the legal right to do the following when fighting an HOA.

If you and fellow homeowners have an issue with one of the HOA rules or regulations, you have every right to take it to a vote.

If your change passes according to a majority vote or meets other requirements set out in your bylaws, it becomes a rule. The board cannot stop homeowners from making new rules and regulations.

Many HOAs set rules designed to keep a consistent look from home to home throughout the community. One of the rules may include preventing homeowners from flying a flag — unless it’s an American flag.

The Freedom to Display the American Flag Act of 2005 gives homeowners the right to fly an American flag, although it may have to meet HOA requirements regarding the location and height of a flagpole.

Some states have enshrined the right to show support for your candidate of choice in law.

Such states include Washington state and Texas, which give homeowners the right to display political signs regardless of HOA rules. However, the HOA generally can tell you when, where, and how to display the signs.

A satellite dish on your roof might not look aesthetically pleasing, which is exactly why HOAs may try to ban it.

However, the Federal Communications Commission’s Over-the-Air Reception Devices Rule gives homeowners the right to place antennas and satellite dishes on their roof, regardless of whether or not the HOA allows it.

As with many other things, the HOA can dictate where you put these things on your roof.

If an HOA slaps homeowners with a special assessment to pay for an upgrade to amenities or infrastructure, the homeowners have the right to question the decision before paying.

Homeowners can ask for more details on how the money is being spent and why it’s being collected before handing over a check. If they don’t like the fees and assessments, they can take legal action to stop them. But they cannot simply refuse to pay them.

To make sure the HOA is using funds responsibly, homeowners have the right to request access to financial reports, including vendor contracts, a summary of reserves, tax returns, and other governing documents.

This allows homeowners to have oversight into how the board is running the community.

Some states have right-to-dry laws that prevent an HOA from telling you that you are not permitted to use a clothesline for drying.

However, the HOA may be able to tell you where your clothes can hang and how big the clothesline can be. Check your state’s rules before fighting your HOA on this one.

Thanks to the Fair Housing Act, homeowners within an HOA have the right to reasonable accommodations, such as wheelchair ramps and service-animal access.

The homeowner may be asked to provide documentation of their disability. However, once that is verified, the HOA must work with the homeowner to find suitable accommodations.

An HOA should have a democratic process, which includes allowing homeowners to vote on everything from the budget to new rules and board members.

Many HOAs also make absentee ballots available for those who cannot be present.

Amenities maintained through HOA funds must be made available for all homeowners to use. This might include a dog park, gym, or pool.

However, the HOA can impose limitations, such as installing a reservation system process for party rooms and common areas.

If an HOA bans religious items from being displayed, the rule must apply to all religions. Otherwise, the rule would violate federal law.

In some states, residents have the right to display religious items as long as they are not disturbing other residents’ use or access.

HOAs should be free of noise and nuisances, and that is typically written into the HOA’s bylaws.

If you have an issue with a loud neighbor, you can take it to the HOA, and they should stand with you in the disagreement.

Becoming a homeowner is one way to get ahead financially — if you fully understand the responsibilities that come with ownership, including paying the costs of living in an HOA community.

On the one hand, the HOA helps spread out some high maintenance costs, such as a new roof. However, you can also end up paying for amenities that you may or may not use.

So, do your research and understand whether buying in an HOA community makes financial sense for you.