HOA Ruining Your Life? 10 Unenforceable HOA Rules—and How You Can Fight Back

Living in a homeowners association can come with a legion of perks—like manicured common lawns, swanky amenities, and some rad Fourth of July barbecues. But it can also come with some unenforceable HOA rules.

After all, there’s a reason that there’s a stigma against HOAs: Board members on a power trip can institute some ridiculous restrictions.

Ridiculous, like “restricting the color of trampoline covers” ridiculous. Or “You must keep your garage door open during the day” ridiculous. Or “You must carry your cocker spaniel through the lobby” ridiculous. (Come on!)

Even when you feel as if some HOA rules have turned into a steel trap determined to ruin your life at every turn, find comfort in this: Homeowners associations are bound by the rule of law, no matter what the president of the board says.

What happens if an HOA violates its own rules?

Board members might strive to be leaders in their communities, but they are, alas, human. As such, they sometimes violate the rules they were elected to enforce. When this happens, it’s up to residents to bring the violation(s) to the HOA.

If the HOA doesn’t take action, it falls into the realm of unenforceable rules, which opens up the HOA to liability, and, you guessed it, lawsuits.

What are unenforceable HOA rules?

While it might seem like your HOA has a rule for everything, state and federal laws restrict the HOA’s abilities to restrict you. If your HOA has a rule that violates these laws, is enforced inconsistently, or does not follow proper procedure, it’s considered unenforceable.

Below, you’ll find 10 examples of things your HOA can’t do:

1. Keep you out of court

Snippy associations might make you think they’re above the law—but if you’re truly in a bind, you can sue your HOA.

Chances are good (although not certain) that you’ll have the upper hand in court, says Craig T. Smith, a lawyer in Hilton Head Island, SC—especially if the board of directors acted in an underhanded manner.

Before you sue, start by demanding a hearing before the board. If that demand is met with silence, take it to the courts.

“This is typically a move of last resort,” Smith says.

But if the problem has turned from a mild frustration to a full-blown crisis, a lawsuit might do the trick.

One Olathe, KS, homeowner successfully filed a lawsuit to keep his elaborate landscaping—which another resident said was the “nicest-looking [landscaping] in the entire neighborhood.”

2. Hush up litigation

Likewise, HOAs must disclose pending litigation to residents.

But don’t get your hopes up for all the juicy details. While HOAs are required to share general details about cases against them, they’re not obligated to give you the exclusive scoop.

How much they disclose will depend on the community’s covenants, conditions, and restrictions (CC&Rs) and state laws. So make sure you look into both if you feel like something has been swept under the rug.

3. Discriminate indiscriminately

Your HOA board might like to play at being a tyrant, but here’s a line it can’t cross: the Fair Housing Act.

“An association must be careful enacting and enforcing rules that would single out or disadvantage any group identified in the Fair Housing Act,” says Smith.

That means your HOA can’t fine you or keep you from purchasing a home in the neighborhood because of your ethnicity or race.

It also can’t kick you out because members of the board hate your religion, because you have children, or because you wear a Yankees hat on a regular basis in deep Boston.

States often have additional protections safeguarding the homeowner. For example, California law protects sexual orientation and gender identity.

4. Enter your home without cause or notice

Here’s a terrifying prospect: You come home after a long day to find an HOA board member perusing your bookshelves.

In most cases, this would be an example of an unenforceable HOA rule. But in rare cases, HOAs can enter your home–with advance notice.

To understand the circumstances in which your HOA can enter your home, look to your CC&Rs and state laws. Common situations include the following:

• Emergency events
• Inspections for rule violations
• Maintenance or repairs

5. String you out on the (clothes)line

Nineteen states have laws on the books to prohibit a funny HOA restriction: your right to “solar drying.” (That’s a fancy term for using a clothesline.)

This time-honored tradition saves money and protects your clothes, but to your eagle-eyed HOA board, all those fabrics blowing in the breeze might not look “uniform.”

Too bad, buckaroos: Since almost half of states protect your right to dry, any anti-clothesline additions to the CC&Rs are downright unenforceable. Feel free to let your denim wave in the wind.

(There’s one caveat: If your backyard is shared with another homeowner, the HOA might have the right to restrict your strung-up lines.)

6. Fine you for fun

Fines are the lifeblood of a malicious HOA—and, unfortunately, they’re not illegal. But they “must be set forth in the association’s rules and bylaws,” says Barbara Jordan, a real estate lawyer in Columbus, OH.

Are threatening letters making an appearance in your mailbox, telling you to trim that rosebush or face a fine? Check the community’s CC&Rs before complying. If that fine isn’t listed, you might not need to pay.

Of course, that doesn’t mean your HOA board will roll over, either. You might need to appeal the fine.

If so, first scrutinize those CC&Rs to make sure you have standing. Then, gather all the evidence you have and present it at the next board meeting. (Your HOA might have specific instructions for this process—make sure you follow them!)

If your argument is sound, it could pull back the charges.

7. Change rules on the fly

Your community’s HOA treasurer can’t suddenly decide she hates pink mailboxes. Next time Shirley Homeowner comes over complaining, practice these magic words: “Is that mentioned in the CC&Rs?”

Nor can the HOA change rules without notice. The regulations for how new rules can be enacted should be outlined in your CC&Rs—and if the HOA isn’t following its own stipulations, you have a valid complaint.

If you do suspect something shady is afoot concerning what is included (and what isn’t included) in your HOA rules, start requesting documents and attending public meetings.

8. Demand you take down your dish

Your cable TV decisions are protected, thanks to the FCC’s Over-the-Air Reception Devices Rule. No matter how ugly your HOA thinks your space-gray satellite dish is, the board members can’t force you to take it down. Hello, cheap cable!

You might find that some HOAs still have antenna restrictions written into their covenants. These might be retro artifacts from pre-1997, when the FCC rule came into play.

If you spot these addenda in your CC&Rs, take your concerns straight to board members. After all, you have the federal government on your side.

9. Nix native plants

Not all states protect your right to grow an environmentally friendly garden abundant with native plants. But if you’re in Texas or California, you can push back if the board’s not savvy with agave.

Florida, too, has its own homeowner-friendly rules: HOAs can’t restrict plants simply because they’re not in the community’s overall design plan.

If you’re a homeowner in one of those states, persuading your HOA to embrace eco-friendly policies isn’t impossible. With the right attitude and enough evidence of go-green benefits, you might just convert the entire neighborhood.

10. Beat you down

No matter how many letters and fines the board throws at you, you still have rights.

“Show up,” Jordan says. “Go to the meetings. Be on record as objecting to the issues. Write letters.”

Just make sure to follow the process for objections.

“Do not miss deadlines or forgo opportunities to be heard,” Jordan says. “That will only hurt your case.”

And do what you can to get your neighbors on board. Together, you can call for new elections or push to scrap excessive or unnecessary rules.