Many homeowners feel overwhelmed by their Homeowners Association’s (HOA) endless regulations and restrictions. These organizations often overstep their authority by implementing rules that contradict federal and state laws. Understanding which HOA regulations lack legal backing helps residents protect their rights and avoid unnecessary penalties or disputes.
Arbitrary Fines Without Documentation
Any fines issued by an HOA must be clearly established in the governing documents. If a fine is not outlined in the community’s covenants, conditions, and restrictions (CC&Rs) or was not passed through a proper voting procedure, it may be challenged as unenforceable. Due process is essential in such cases.
Federal Law Violation of Any Kind
HOA rules must comply with federal statutes, including the Fair Housing Act, the Americans with Disabilities Act (ADA), and the Telecommunications Act. If any HOA rule conflicts with federal law, it is preempted and legally void. For example, HOAs cannot deny reasonable accommodations for residents with disabilities.
Housing Discrimination Based on Protected Classes
The federal Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status, or disability. HOAs cannot legally enforce any rule that excludes or targets residents based on these characteristics. This includes indirect actions that result in disparate treatments or impacts.
Selective Rule Enforcement Among Residents
HOAs must apply their rules equally. If they enforce a rule against one resident while ignoring others in identical situations, they open themselves up to legal challenges. Unequal treatment undermines rule legitimacy and may violate anti-discrimination or fair housing principles.
Litigation Disclosure Concealment
State laws in places like California and Florida require HOAs to disclose pending lawsuits and financial obligations to current and prospective homeowners. Failure to disclose significant litigations may violate state statutes and breach fiduciary duties, exposing the board to legal liability.
Political Speech and Display Restrictions
HOAs cannot entirely ban political yard signs or banners during election seasons. Courts have ruled that First Amendment rights generally apply to private residential property.
HOAs may set reasonable restrictions, such as size limits or display timeframes, but cannot enact outright bans on political expression.
Entry Without Proper Notice or Emergency Circumstances
Except in cases of emergency, HOAs cannot enter a homeowner’s property without following proper notice procedures outlined in governing documents or state law. Entry without consent or notice may violate trespassing laws or constitutional privacy protections, especially in states with strong homeowner privacy rights.
Flag Display Restrictions
The Freedom to Display the American Flag Act of 2005 prohibits HOAs from banning U.S. flag displays. While reasonable restrictions on size, lighting, or placement may be allowed for aesthetic or safety reasons, complete bans are illegal. This applies to flags displayed on residential property owned by the homeowner.
Legal Action Prevention
No HOA can legally prevent a homeowner from filing a lawsuit or participating in legal proceedings. Even if HOA documents include language suggesting otherwise, that language is unenforceable. The right to access the courts is protected under both federal and state law and cannot be waived.
Satellite Dish and Antenna Prohibitions
The FCC’s Over-the-Air Reception Devices (OTARD) rule protects homeowners’ rights to install satellite dishes under one meter in diameter and certain types of antennas. HOAs may not unreasonably delay or increase the cost of such installations. Reasonable safety and historic preservation rules may apply, but a complete ban is not permitted.
Rules Enacted Without Majority Approval
Many HOA laws require a majority vote of members to pass new regulations. If a board enacts rules without following proper procedures, such as giving notice and holding a vote, those rules may be invalid. Residents can dispute and overturn such rules if they did not follow the outlined governance process.
Clothesline Restrictions in Right-to-Dry States
As of 2025, at least 20 states, including California, Florida, and Texas, protect homeowners’ rights to use clotheslines or other solar drying devices. These “right-to-dry” laws override HOA rules that ban such environmentally friendly practices. Associations in these states cannot prohibit residents from air-drying their clothes.
Religious Display Restrictions
The First Amendment also protects homeowners’ rights to display religious symbols, such as menorahs or crosses. As long as these displays are reasonable in size and placement and do not incite violence or create safety concerns, HOAs cannot lawfully restrict them. Several states have also adopted statutes reinforcing these protections.
