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June 25, 2025How Use and Occupancy Agreements Work
June 25, 2025
Homeowners’ associations (HOAs) set rules to maintain property values and neighborhood aesthetics, but some of these rules overstep legal boundaries. Unenforceable HOA rules are regulations imposed by a homeowners’ association that conflict with state or federal law, or were enacted without proper procedure. Whether you own a condo in Miami, FL, or a house in Phoenix, AZ, understanding your rights is key. This Redfin guide covers 12 unenforceable HOA rules and what to do if your HOA is overstepping its bounds.
Key takeaways:
- Unenforceable HOA rules include restrictions on satellite dishes, political signs, and many of these violate state or federal laws.
- Homeowners can challenge HOA overreach, including restrictions on parking, rentals, and home-based businesses.
- If an HOA enforces illegal rules, you can reference state laws, file complaints, or seek legal action to protect their rights.
1. Imposing excessive fines without proper notice
HOAs may issue fines for various violations, such as improper lawn maintenance or leaving trash bins out too long. However, fines must follow proper legal procedures.
Why it might not be enforceable: HOAs must follow due process, which includes giving written warnings, holding hearings, and documenting violations before issuing fines. Arbitrary fines that don’t follow these procedures may not be enforceable.
What to do: If your HOA fines you without notice or hearing, request written proof that the fine follows HOA bylaws. If it doesn’t, challenge the fine formally and consider legal options if needed.
2. Preventing you from suing the HOA
Some HOAs attempt to include clauses preventing homeowners from taking legal action.
Why it might not be enforceable: Homeowners always have the right to take legal action against HOA misconduct, regardless of any HOA-imposed restrictions. However, some HOA agreements include arbitration clauses requiring mediation before a lawsuit.
What to do: If your HOA threatens retaliation for legal action, seek professional legal advice and document all communications.
3. Forcing you to use a specific landscaping service without documentation
Some HOAs mandate that homeowners hire a designated landscaping company, often with high costs.
Why it might not be enforceable: HOAs cannot force homeowners into exclusive contracts unless clearly stated in the governing documents. Even then, there are often legal challenges to such rules.
What to do: Request documentation proving this requirement exists in your HOA’s CC&Rs (Covenants, Conditions & Restrictions). If not explicitly outlined, you can challenge the rule.
4. Limiting parking on public streets
Some HOAs attempt to regulate or ban parking on public roads within or near the community.
Why it might not be enforceable: HOAs have no authority over public roads, which fall under local government jurisdiction. However, they can regulate parking on private streets within the HOA’s control.
What to do: Contact your city’s transportation department to verify parking regulations. If your HOA tries to enforce restrictions on public streets, they are likely overstepping their authority.
5. Restricting the number of tenants in your home
HOAs may try to cap the number of tenants allowed per residence, limiting extended family or roommates.
Why it might not be enforceable: The Fair Housing Act prohibits discrimination based on familial status, which includes limiting occupancy beyond reasonable health and safety concerns. However, HOAs can impose reasonable occupancy limits based on local housing codes.
What to do: If your HOA tries to enforce tenant limits without a legal basis, cite fair housing laws to challenge the rule.
6. Banning political or religious signs
Some HOAs prohibit homeowners from displaying political campaign signs, religious symbols, or similar items in their yards or windows.
Why it might not be enforceable: Many states, including Texas and California, protect homeowners’ rights to display political or religious signs on private property. These laws ensure that an HOA cannot interfere with free speech and personal expression within a homeowner’s legally owned space. However, HOAs may regulate signage in common areas or impose reasonable size and placement restrictions.
What to do: Check your state’s laws on political and religious expression. If protected, present these laws to your HOA to challenge any unfair enforcement.
7. Prohibiting solar panels
HOAs sometimes restrict the installation of solar panels, claiming they disrupt the uniform appearance of the neighborhood. In many cases, this is another unenforceable HOA rule.
Why it might not be enforceable: Several states, including Florida and Arizona, have solar access laws preventing HOAs from blocking solar panel installations. However, some HOAs can enforce reasonable aesthetic regulations, like requiring panels to be placed in less visible locations.
What to do: Review your state’s solar rights laws and provide documentation to your HOA to dispute any restrictions. If they persist, legal action may be necessary to enforce your rights.
8. Restricting home-based businesses
HOAs often try to ban home-based businesses, even those that have minimal impact on the neighborhood.
Why it might not be enforceable: The Fair Housing Act (FHA) and many state laws protect small-scale home businesses, such as remote work, freelancing, and low-traffic operations. However, HOAs can prohibit businesses that create excessive noise, traffic, or disruptions.
What to do: If your HOA tries to ban a home-based business that doesn’t impact the community, ask for their legal justification. If they can’t provide one, the restriction is likely invalid.
9. Prohibiting short-term rentals without clear CC&R restrictions
Some HOAs try to ban homeowners from using their property for short-term rentals (Airbnb, VRBO, etc.).
Why it might not be enforceable: If the HOA’s CC&Rs don’t explicitly ban short-term rentals, the HOA may not have the authority to enforce such a restriction. However, if the CC&Rs contain rental restrictions, courts often uphold them.
What to do: Check your CC&Rs. If the restriction isn’t there, your HOA cannot enforce it. However, if it’s in the governing documents, the rule is likely valid.
10. Charging unapproved special assessments
HOAs sometimes impose unexpected fees for maintenance or community upgrades without homeowner approval.
Why it might not be enforceable: Any increase in HOA fees or special assessments must follow a specific process, including a vote by homeowners.
What to do: Ask for a financial breakdown and review your CC&Rs before agreeing to additional fees. If the HOA does not follow proper procedure, the charge is invalid.
11. Banning clotheslines
Some HOAs prohibit the use of clotheslines, citing concerns about aesthetics and property values.
Why it might not be enforceable: Some states have “Right to Dry” laws, which make it illegal for HOAs to ban clotheslines due to environmental and energy conservation benefits. However, not all states have these protections.
What to do: If you live in a state with a Right to Dry law, present it to your HOA and challenge the rule. If they refuse to comply, escalate the matter legally.
12. Restricting satellite dishes
Some HOAs attempt to ban or severely restrict the installation of satellite dishes, claiming they interfere with the community’s aesthetic.
Why it might not be enforceable: The FCC’s Over-the-Air Reception Devices (OTARD) Rule prohibits HOAs from banning satellite dishes smaller than one meter in diameter. This rule ensures homeowners have the right to access telecommunications services, including satellite TV and internet. However, HOAs can regulate dish placement on common areas or require less visible installation.
What to do: If your HOA demands removal, provide them with the FCC’s OTARD rule. If they persist, you can file a complaint with the FCC to protect your rights.
What about how the rules are enforced?
It’s not just the content of the rule that matters — how the rule is enforced or adopted can make it unenforceable, too. If an HOA doesn’t follow due process or treats homeowners unfairly, even a valid-sounding rule may not hold up legally. Here are four common enforcement issues to watch for:
Enforcing rules selectively
Selective enforcement happens when an HOA applies certain rules inconsistently—penalizing some homeowners while ignoring others who violate the same rule. This not only undermines the HOA’s authority but can also create legal risk. In some cases, if selective enforcement targets a protected class under the Fair Housing Act, the HOA could face discrimination claims.
If you believe you’re being treated unfairly, start by reviewing your CC&Rs to confirm whether a violation actually occurred. Then document examples of others breaking the same rule without consequences—photos, dates, and witness statements can be helpful. Present your findings to the HOA board or raise the issue at a meeting. A well-documented pattern of selective enforcement may render the rule unenforceable.
Entering property without permission
HOA representatives generally have limited rights to enter private property. Unless there’s an emergency or prior agreement for necessary maintenance, unauthorized entry may violate privacy rights and trespassing laws.
Homeowners should review their CC&Rs for specific access provisions. If your HOA enters your property without notice or valid reason, document the incident and consider legal counsel if the behavior continues.
Passing new rules without following procedures
For a rule to be enforceable, the HOA must follow established procedures when adopting it. This often includes notifying homeowners, holding open meetings, allowing discussion, and conducting official votes. Skipping any of these steps can render a rule invalid.
If you suspect a rule was improperly adopted, request meeting minutes, voting records, and any communications sent to homeowners during the rulemaking process. Failure to follow these procedures may give you grounds to contest the rule.
Failing to notify homeowners of rule changes
Transparency is critical when an HOA changes rules that impact homeowners. HOAs are typically required to notify all members of proposed rule changes and allow time for review or feedback. Without proper notification, new rules may be challenged as unenforceable HOA rules due to lack of due process.
If you were not notified of a rule change, request documentation showing when and how the rule was communicated. If notice requirements weren’t met, the rule may not stand up legally.
What to do if your HOA tries to enforce illegal rules
Even if a rule is legally unenforceable, an HOA may still attempt to enforce it. If you find yourself dealing with an HOA overreach, here are steps to take:
Step 1: Review your HOA’s governing documents (CC&Rs)
Start by checking your community’s Covenants, Conditions, and Restrictions (CC&Rs) along with HOA bylaws. If the rule in question isn’t explicitly stated or contradicts state or federal law, it may not be enforceable.
Step 2: Research state and federal laws
Many unenforceable HOA rules violate federal protections like the Fair Housing Act or state laws that protect homeowners. Search for homeowner rights laws in your state or consult a legal expert to confirm.
Step 3: Attend HOA meetings & challenge the rule
Bring the issue up at an HOA board meeting. Present relevant legal documents and respectfully challenge the rule. Many HOA boards will retract rules when confronted with legal evidence.
Step 4: Submit a formal written complaint
If a conversation doesn’t resolve the issue, submit a formal written complaint citing specific legal references. Document all correspondence and responses from the HOA.
Step 5: Seek legal assistance or mediation
If the HOA continues to enforce an illegal rule, consult a real estate attorney or local government agency that oversees HOAs. Many states have HOA ombudsman programs that assist homeowners with disputes.
Step 6: File a lawsuit if necessary
As a last resort, you have the right to sue the HOA. Courts have ruled against HOAs that violate state or federal laws, and a successful lawsuit could result in legal fees being reimbursed by the HOA.
Unenforceable HOA rules: Frequently asked questions
1. Can my HOA stop me from renting out my home?
It depends. Some states require rental restrictions to be explicitly written in the CC&Rs. If your HOA enforces a rule that isn’t documented, you may be able to challenge it.
2. Can my HOA fine me without warning?
No. Most states require HOAs to provide written notice and an opportunity to contest the violation before issuing fines.
3. What should I do if my HOA is overcharging fees?
Request a financial breakdown and compare it with your CC&Rs. If the fees are not justified, submit a written dispute or seek legal action.
4. Can my HOA control what color I paint my house?
Yes, but only if paint color restrictions are explicitly outlined in the CC&Rs. If no guidelines exist, the HOA cannot enforce color restrictions.
5. Can my HOA evict me from my home?
No. While HOAs can place liens for unpaid dues, they cannot evict homeowners. Foreclosure is the only extreme legal measure, and it must follow state laws.
Redfin does not provide legal, tax, or financial advice. This article is for informational purposes only and is not a substitute for professional advice from a licensed attorney, tax professional, or financial advisor.
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