Nov 23, 2024
If it seems like just about every home on the market you see is part of a homeowners association (HOA), you're not imagining things. An estimated 30% of the U.S. population lives in a community that's governed by an HOA, according to the Foundation for Community Association Research.
In fact, back in 1970, only about 2.1 million Americans lived in an HOA. As of 2023, estimates put that number now at 75.5 million U.S. HOA residents.
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HOAs can be a mixed bag. On the plus side, these communities commonly often offer amenities like clubhouses, fitness centers, swimming pools, and other such perks that often don’t come with standalone homes. And being part of an HOA could mean minimizing your maintenance as a homeowner, since HOAs will often take care of things like lawn care and snow removal.
The problem with HOAs, aside from having to pay dues, is that they set rules for residents to follow. And some of those rules can be overly restrictive. But there are also certain rules that HOAs can’t actually enforce. Here are a few you should know about.
1. Rules that don’t comply with state and federal law
HOAs are allowed to set their own rules. But they can't set rules that violate federal or local regulations.
Barring a specific race or religious group from purchasing a home, for example, is a clear violation.
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2. Rules infringing on your freedom of political speech
The Constitution gives all Americans the right to express themselves, and that includes sharing their political views. For this reason, your HOA can't tell you not to display a political sign because it doesn’t agree with your candidate or party of choice.
However, your HOA can set rules and as to where signs can be placed on your property.
3. Rules prohibiting you from displaying an American flag
The Freedom to Display the American Flag Act of 2005 states that HOAs cannot adopt or enforce policies that prevent homeowners from displaying an American flag on their property.
Now, your HOA may be able to set rules within that context, such as requiring that your flag not block your house number. But they can’t tell you not to express your patriotism.
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4. Rules that prohibit you from getting satellite TV
The Telecommunications Act of 1996 and the Over-the-Air Reception Devices Rule prohibit HOAs from banning the installation of satellite dishes on individual properties.
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However, your HOA may be able to have a say about the placement of a dish. And it can generally prohibit you from having one installed in a common area unless that’s broadly agreed and voted upon.
5. Rules that inhibit religious freedom
The Constitution gives Americans the right to practice the religion of their choice. And so your HOA generally can't prevent you from displaying a religious symbol on your property.
However, they can generally prohibit you from displaying religious symbols in common areas.
6. Rules that prevent you from using a clothesline
The advent of dryers has made it so that the older practice of hanging garments out on a line to dry is no longer so necessary. But you may have your reasons for wanting to dry your clothing au naturel — such as avoiding shrinkage or saving energy.
The good news is that your HOA generally cannot tell you that you can't hang your clothes out to dry. They can, however, prohibit you from hanging out your clothes in a common area.
What to do if your HOA crosses the line
All HOAs are governed by official rules, so the folks in charge where you live can’t just make stuff up on the fly. If you're fined for violating a so-called HOA rule, ask to see the rule in writing.
And if your HOA’s bylaws are in violation of your Constitutional rights, speak up about it. If your board refuses to make changes, get a lawyer involved.
Another way to protect yourself as an HOA resident is to get involved. Attend meetings and, if you have the time and patience, try to get yourself a seat on the board. The more of a say you have in your HOA's rulebook, the less hassle you might encounter.
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Maurie Backman has been writing professionally for well over a decade. Since becoming a full-time writer, she's produced thousands of articles on topics ranging from Social Security to investing to real estate.
