What Are Unenforceable HOA Rules?
Do you know what kind of rules are considered unenforceable or illegal?
Homeowners’ Associations (HOAs) are governing bodies that establish rules and regulations to maintain order and harmony within a community. These rules, commonly called HOA rules, protect property values and ensure a desirable living environment.
While most HOA rules are enforceable and serve a valid purpose, there are instances where certain restrictions may be deemed unenforceable.
Rules deemed unenforceable include those that conflict with federal or state law, are applied in a discriminatory or inconsistent manner, or are implemented without following the correct procedures.
We will explore unenforceable HOA rules, their existence, and how homeowners can deal with them.
An HOA abuse of power is certainly not uncommon.
Understanding HOA Rules
HOA rules typically cover many topics, including architectural guidelines, property maintenance standards, pet policies, and noise restrictions.
These rules are outlined in the HOA’s governing documents, which include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations.
Homeowners must adhere to the CC&Rs or other community rules. Failure to do so may result in fines, loss of access to shared areas, and other penalties.
What Are Unenforceable HOA Rules?
Unenforceable HOA rules are those that, despite being included in the governing documents, cannot be legal HOA rules. Illegal rules tend to be more familiar with condos and townhomes. However, they can happen in single-family developments too.
Several factors can render a statute unenforceable, including:
Contradiction With State or Federal Laws
HOA rules contradicting local, state, or federal laws are considered unenforceable. For example, if an HOA rule prohibits the installation of solar panels on a homeowner’s property, but state laws guarantee homeowners the right to use solar energy, the rule would be unenforceable.
Another example would be the use of satellite dishes. You can contest this regulation if your HOA requires you to take down your satellite dish or antennas.
According to the Federal Communications Commission’s (FCC) OTARD (Over-the-Air-Reception Devices) rule, an HOA is prohibited from prohibiting residents from installing antennas or satellite dishes on their property.
However, it is essential to note that your HOA may still have the authority to restrict the size of satellite dishes or establish guidelines concerning the placement of these devices.
Violation of Constitutional Rights is Illegal
HOA rules that infringe upon homeowners’ constitutional rights may be deemed unenforceable. These rights may include freedom of speech, freedom of religion, or the right to privacy.
For instance, an HOA rule prohibiting homeowners from displaying political signs on their property might be unenforceable as it interferes with their freedom of speech.
Lack of Proper Approval is Not Enforceable
HOA guidelines that have yet to be approved may sometimes be considered unenforceable. Depending on the HOA’s governing documents, regulations, and amendments may need to be approved by a certain percentage of homeowners or through a formal voting process.
For example, a condominium association could not arbitrarily raise the HOA fees or add a special assessment without a vote from the owners.
Follow these procedures to ensure a law is enforced.
Unreasonable or Arbitrary Restrictions
HOA rules considered excessive or arbitrary may be challenged and deemed unenforceable. Courts often evaluate whether the restriction serves a legitimate purpose. They also need to be applied consistently to all homeowners.
Excessively restrictive or selectively enforced rules are more likely to be considered unenforceable.Click To TweetEnforced Rules Without Authority to Do So
An HOA (Homeowners Association) has the power to establish rules and regulations for its community, but it is essential to note that this authority is not without limitations. HOA fines can only be imposed if a resident has violated a community rule.
In other words, your association cannot impose fines without proper justification or evidence of a regulation violation.
If you believe you have received an unfair fine, it is vital to review the community regulations and challenge the fine with the HOA if it seems you have not violated any rules. To improve your chances of a successful appeal, it may be beneficial to seek the guidance of a real estate attorney specializing in handling disputes.
HOA Rules Are Enforced Selectively
When HOA rules are not consistently enforced, it can lead to potential issues. If your HOA only enforces rules against specific individuals or groups, these rules may not be enforceable. HOA violations need to be enforced equally across the board.
Specifically, if the association targets a protected class of individuals, it may violate the Fair Housing Act. If it can be proven that the enforcement is selective, they could face discrimination charges.
Rules Without a Majority Vote Are Unenforceable
To create or amend new rules, every Homeowners Association (HOA) follows a specific set of procedures outlined in its bylaws. These procedures include voting by community members to approve proposed rules.
If you believe the HOA is trying to enforce a rule that was not correctly added to the community rules and regulations, take action.
It is essential to understand the HOA’s procedures for creating new rules. This may involve researching and reviewing the HOA’s bylaws, meeting minutes, and other relevant records.
Doing so lets you determine if the necessary procedures were followed and assess whether you are violating a policy.
Regulations That Are Discriminatory in Nature Are Unenforceable and Illegal
The Fair Housing Act prohibits discrimination in housing based on factors such as race, disability, ethnicity, religion, sex, or familial status. In addition to these protected categories, some states have also implemented laws prohibiting discrimination based on other factors, such as sexual orientation and gender identity.
If you encounter discriminatory HOA laws and wish to file a complaint, contact the U.S. Department of Housing and Urban Development or complete the online complaint form on their website.
Removing Your Rights Under The Constitution is Unenforceable
The Second Amendment of the United States Constitution guarantees the right to possess firearms. However, it is essential to note that while your Homeowners Association (HOA) may have the authority to impose limitations on carrying or utilizing firearms in shared areas, they cannot establish regulations that prohibit or restrict residents from owning firearms.
Suppose you believe any rules imposed by your HOA are unenforceable. In that case, you should voice your concerns to the board or management company and, if necessary, seek assistance from a local or state agency.
Rules Striking Down Freedom of Religion Are Not Enforceable
Another right protected by the Constitution is religious freedom. It is crucial to note that if the rules of a homeowner’s association (HOA) explicitly exclude members of certain religious groups from the community or restrict their access to shared spaces, these regulations would violate the Fair Housing Act.
Additionally, even if the rules do not explicitly mention religion as the basis for exclusion, you still have the option to file a complaint with the management company or the U.S. Department of Housing and Urban Development if the intention behind the rules is religiously motivated.
Consequences of Unenforceable HOA Rules
When an association attempts to enforce an unenforceable rule, it can have various consequences for the association and the homeowners involved. Here are some potential outcomes that may arise in such situations:
Legal Challenges and Lawsuits
Homeowners who believe rules are unenforceable can legally challenge the association’s actions. They may file a lawsuit against the HOA, seeking a court’s intervention and a declaration that the government is unenforceable.
Engaging in legal action can be a complex and costly process, requiring the expertise of an attorney specializing in HOA law.
Court Intervention
If homeowners decide to take legal action, the court may review the case and determine whether the rule is unenforceable. Courts will consider factors such as conflicting laws, constitutional rights, or procedural errors in the rule’s establishment.
If the court declares the statute unenforceable, it may issue an injunction to prevent the HOA from taking disciplinary action against the homeowner for violating the law.
Damages and Legal Costs
In some instances, homeowners who successfully challenge an unenforceable HOA rule may be entitled to seek damages from the HOA. These damages can include reimbursement for legal fees, expenses incurred during the dispute, and any harm or inconvenience caused by the association’s enforcement attempts.
The court will assess the damages based on the case’s specific circumstances.
Reputational Damage
HOAs that repeatedly attempt to enforce unenforceable rules can suffer reputational damage within the community. Homeowners may lose faith in the association’s ability to govern effectively and fairly. The loss of trust can increase tension and conflicts within the community.
High tension levels create a divisive and unpleasant living environment. The sale of a condo within the community could also become more challenging.
Navigating Unenforceable HOA Rules
If homeowners believe a rule is unenforceable, reviewing the governing documents carefully and consulting an attorney specializing in HOA law is crucial.
Legal professionals can guide the laws applicable in the jurisdiction. They can also provide the best action to challenge the unenforceable rule.
Final Thoughts on Homeowners Associations With Illegal Rules and Guidelines
HOA rules play a significant role in maintaining community standards and enhancing property values. However, it is essential to understand that not all HOA rules are enforceable.
Unenforceable HOA rules may arise due to conflicts with state or federal laws, HOA violations, lack of proper approval, or unreasonable restrictions.
Homeowners should know their rights and seek legal counsel when facing unenforceable HOA rules. Doing so will ensure a fair resolution and protect their interests within the community.
About the Author: The above Real Estate information on unenforceable HOA rules was provided by Bill Gassett, a Nationally recognized leader in his field. Bill has expertise in mortgages, financing, moving, home improvement, and general real estate.
Learn more about Bill Gassett and the publications he has been featured in. Bill can be reached via email at billgassett@remaxexec.com or by phone at 508-625-0191. Bill has helped people move in and out of Metrowest towns for the last 37+ years.
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Staci says
I was wondering if my h.o.a could force me to take down my above ground pool. it’s not visible from the front or side of the home, only visible from the second story of a neighboring home, which i dont believe i have ever seen my neighbors on their balconies….ever. lived there over a year now. always kept clean and maintained. it’s a temporary thing for the summer and we do not have a community pool like the other community neighborhoods. one of the h.o.a people from their backyard snapped a picture of it and sent it in. mind you the pool came months after we did our backyard originally. The angle of the picture is a little suspicious of how it was obtained . Any and all help is very much appreciated.
Bill Gassett says
Staci – it would depend on what the bylaws state about having one.