17 HOA Rules That Are Surprisingly Unenforceable (and Annoying!)
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All across the United States, homeowners’ associations, or HOAs, exist to ensure the appearance and functionality of residential communities. According to the Community Associations Institute, about 74 million Americans live in HOA-governed communities.
These organizations have set the rules and regulations in order to keep the property values and maintain peace among the people living in the residential area. However, some HOA rules are surprisingly unenforceable due to state or federal laws. Here are 17 common rules that may cause frustration for homeowners and HOA members alike.
Restrictions on Political Signs
Come election season, one of the most common sights are political signs on front lawns and windows, fervently declaring support. HOAs often seek to restrict these displays, saying they upset community aesthetics. But laws to protect the rights of residents to have political signs are in place in many states.
According to the National Conference of State Legislatures, several states have enacted statutes allowing residents to display such signs under specific conditions. This means that even if an HOA sets restrictions, they may find themselves overridden by local or state laws, especially during election periods.
Limitations on Satellite Dishes
Satellite dishes were not so common in most households before the rise of digital entertainment. But many HOAs try to limit their installation for aesthetic reasons.
The Federal Communications Commission (FCC) has established the Over-the-Air Reception Devices (OTARD) Rule, which prohibits restrictions on the installation of satellite dishes that are one meter or smaller in diameter. This rule allows residents to access all the television services they want without unnecessary interference from HOAs.
Pet Restrictions Based on Breed
Typically, HOA pet policies try to limit the types of pets allowed within a community. Some associations go further, with breed-specific bans arguing that certain breeds are a safety risk. However, these restrictions are rendered unenforceable by local and federal laws, particularly those protecting service animals or limiting breed discrimination, which can render these restrictions unenforceable.
The Americans with Disabilities Act (ADA) ensures that service animals, regardless of breed, are permitted in housing governed by HOAs. Associations should focus on responsible pet ownership rather than blanket bans based on misconceptions.
Barriers to EV Chargers
The electric vehicle (EV) market in the United States broke records in 2022, estimated at just under 918,500 light electric vehicle sales. EVs are growing in popularity, but some HOAs impose restrictions on installing charging stations in personal garages.
As demand for cleaner transportation methods continues to increase, a number of states have even passed laws that prevent HOAs from banning or heavily regulating the installation of EV chargers. These laws make it easy for homeowners to make that green transition without jumping through any unnecessary hoops.
Prohibiting Home Businesses
According to the US Small Business Administration, 50% of all businesses start at home. Many individuals operate businesses from their homes, ranging from consulting services to remote work arrangements.
Although HOAs can limit commercial activity within a community, in-home businesses that do not disturb the neighborhood are often protected by state law. These laws allow entrepreneurs to pursue their ventures without interference from HOA restrictions.
Regulations on Flagpoles
It is a tradition cherished by American homeowners to display the American flag as a symbol of national pride. Pew Research Center says 62 percent of Americans display the flag at home, in the office, on their car.
While some HOAs establish rules restricting flag displays, the Freedom to Display the American Flag Act of 2005 limits such regulations. This federal law ensures that homeowners can fly the American flag, provided it is displayed in accordance with reasonable guidelines.
Mandating Yard Aesthetics
Specific yard aesthetics standards are often left up to HOAs, who oftentimes mandate grass laws or forbid other landscaping techniques such as xeriscaping. However, with growing concerns about water conservation and sustainability, state laws may protect eco-friendly landscaping practices.
Options that are environmentally responsible are xeriscaping and drought resistant landscaping which may be protected under the existing local regulations. According to the Environmental Protection Agency (EPA), sustainable landscaping practices benefit both home owners and the environment.
Age Restrictions for Residents
Age restricted communities like these are designed for certain demographics, like seniors. HOAs can establish age restricted communities, but the age restricted communities must abide by federal laws such and the Housing for Older Persons Act (HOPA).
Forcing age limits on residents outside of these regulations may present a difficult task. Policies should also conform to federal rules and meet community needs.
Arbitrary Guest Parking Rules
Towne Park says that the United States has 2 billion parking spaces for about 250 million cars. When it comes to parking regulations, HOA-governed communities are a source of constant aggravation. Several HOAs prohibit parking for guests in ways that might violate the city’s rules or are unfairly discriminatory toward visitors.
If these rules infringe upon residents’ rights or create undue burdens, they may be deemed unenforceable. Clear and reasonable parking policies are needed for harmonious community living.
Decor Restrictions During Holidays
Holiday decorations spice up neighborhoods during the holidays, but HOAs try to impose their designs on homeowners’ decor choices. With Statista estimating that the global market for Christmas decorations such as lights, trees, and the like was worth over seven billion U.S. dollars in 2023, it is understandable that people are looking for valuation methods and means to capitalize on this.
Associations may set guidelines for holiday displays, but it can be hard to enforce the legality of limiting a homeowner’s ability to decorate without being offensive. Many families have cultural significance to their holiday traditions.
Lease Restriction Limits
Rules about leasing property are common among HOAs. They establish limits on how long properties can be rented or from whom; sometimes they even dictate who can or cannot be a tenant of the property. But state laws may prohibit HOAs from restricting the leasing practices.
When reviewing a leasing agreement, homeowners should be aware of the state regulations which govern their leasing ability. American Bar Association real estate attorneys advise us to carefully review state laws governing leasing practices to make sure we do not cross any legal boundaries.
Imposing Mandatory Security Measures
Some HOAs require specific home security measures, such as alarm systems or reinforced locks. However, if these mandates impose an unreasonable financial burden, homeowners may legally challenge them.
Associations must carefully consider the feasibility and fairness of mandatory security regulations. Security measures should enhance safety without imposing undue financial strain.
Clothesline Bans
Some HOAs prohibit the use of clotheslines because of aesthetic concerns, but clothing lines provide an energy efficient means of drying clothes. But several states have passed laws allowing the use of clothes lines.
The laws intend to enhance energy conservation and environmental responsibility. Clothesline use is good not only for the environment, but also for the homeowner. Bans that restrict sustainable living should be rethought by associations.
Limits on Parking Your Own Car
Certain HOAs impose regulations preventing homeowners from parking in their driveways or mandating garage use for vehicles. Such rules may be unenforceable if they interfere with basic property rights or contradict municipal regulations.
Homeowners should know local laws governing parking to understand their rights. Parking policies set by the HOA should accomodate residents’ needs and legal standards.
Ban on Solar Panels
For those seeking to do their part to reduce their carbon footprint and reduce utility expenses, solar panels offer a green option. However, some HOAs prohibit solar installation because they worry about aesthetics or property values.
Fortunately, many states have enacted solar access laws that prevent HOAs from unreasonably restricting solar panel installations. The Solar United Neighbors report that 29 states have laws protecting solar access, making such bans legally unenforceable in those areas.
Noise Ordinance Enforcements
According to reports in the National Library of Medicine, millions of Americans suffer from a range of adverse health outcomes due to noise exposure. Noise-related disputes are common in residential communities, prompting HOAs to establish noise ordinances. However, if HOA noise rules are stricter than municipal regulations, enforcing them may prove challenging.
Local ordinances typically take precedence over HOA rules in cases of conflicting standards. Effective noise management requires collaboration between associations and local authorities. Residents should be informed of both HOA and municipal guidelines to promote peaceful coexistence.
Limiting Home Security Cameras
Home security is a top priority for many homeowners, leading to the installation of security cameras. According to Safe Home, at least 39 million U.S. households are protected by alarm systems, and as many as 45 million households have video doorbell components.
While HOAs might attempt to restrict camera placement, privacy, and safety laws often override these limitations. Homeowners have the right to monitor their property as long as cameras do not infringe on others’ privacy. Associations should consider privacy implications while respecting residents’ rights to protect their homes.
Disclaimer – This list is solely the author’s opinion based on research and publicly available information.
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