An HOA can offer a great deal of value to homeowners, but it can also impose a lot of restrictions. Unfortunately, homeowners often find themselves in hot water with their associations because they didn’t read the rules closely enough. To avoid trouble with your HOA, you need to read the fine print, and some of the regulations might surprise you.
Restrictions in HOA Fine Print
All HOAs have different regulations, but the following are some common examples of surprising rules that homeowners find in their HOA documents:
Landscaping
One of the HOA’s responsibilities is to maintain the community’s curb appeal. Almost all HOAs require homeowners to keep their landscaping neat and orderly. However, some communities are even stricter.
An HOA can require homeowners to maintain their grass at a specific height and can penalize homeowners if the grass grows too high. They can even limit which types of trees and shrubs you can plant. HOAs often ban the use of certain fertilizers and pesticides, too.
Vehicles
HOAs can’t restrict parking on public roads, but they can set rules about parking on private streets. If your HOA is in a gated community, street parking could be banned during certain hours or banned altogether.
The HOA could also restrict the number or type of vehicles you keep parked in your driveway. For instance, they may ban the parking of boats or campers.
Exterior Storage
Sheds and other detached storage spaces can affect a community’s curb appeal, so HOAs may regulate them. You may have to get approval from the association before building a shed on your property, and the shed may have to stay within a certain size or color range.
HOAs can also limit how you keep items and equipment outside your home. Some HOAs ban homeowners from keeping bikes or children’s toys in view of the street, so you might have to store them in a shed or in the backyard.
Pets
Many HOAs have pet restrictions, especially regarding dogs. Some breeds of dogs may be banned from the neighborhood altogether, and there could be a weight limit preventing large dogs from living in the community. Residents may be required to keep their dogs on-leash at all times or may be barred from walking their dogs in certain community locations.
Exterior Paint
It’s not uncommon for HOAs to regulate the exterior paint colors of the homes in the neighborhood. If you want to repaint your house, you may only have a few colors to choose from. The HOA may require that you seek approval to paint your house even if you stay within their color scheme.
Interior Renovations
Although most HOAs are more concerned with your property’s exterior, some associations even regulate the interior of the houses in the community. Large projects like repiping the plumbing system or building an addition may need to be approved by the HOA.
Even some smaller projects, like flooring and interior painting, could be subject to HOA regulations. If the HOA discovers you’re working on an unapproved interior renovation project, they could fine you or force you to stop the work entirely.
Renting of Home
Many HOAs require that the homeowners occupy their properties. Even renting out one bedroom to a roommate could be an issue for some associations. In some communities, HOAs only allow a percentage of properties to be rented out. If you want to rent out your home, you may have to wait for one of the other rentals to become owner-occupied.
Security Cameras
Your HOA might consider the installation of a security or doorbell camera to be a change to the exterior of your property. If the governing documents require that you get approval for all exterior changes, you’ll need to seek approval for the cameras. Some associations also ban security or doorbell cameras that capture video footage of other homeowners’ properties.
Decorations and Signs
HOAs can regulate the size and type of holiday decorations homeowners put up, and they can ban homeowners from decorating outside of specific time periods. For example, they may require homeowners to remove their Christmas lights by the beginning of January. In some states, associations can also ban political signs and flags within their neighborhoods.
Unenforceable HOA Rules
Knowing the rules that your HOA cannot enforce is just as important as knowing the rules you must adhere to. Here are three scenarios in which an association may not be able to enforce a rule:
Out of Compliance With State and Federal Laws
Local, state, and federal laws will always trump HOA regulations. If an HOA’s rule is clearly out of compliance with the law, the association cannot enforce it.
Laws vary from state to state, but the following areas may be protected in your location:
- Solar panels
- Clotheslines
- Satellite dishes
- Ramps and other disability accommodations
- Service animals
- Political and religious expression
- Not Documented in Writing
When you move into an HOA neighborhood, you sign a contract agreeing to their rules and regulations. If a rule isn’t documented in writing, you have no obligation to follow it. This is why it’s so important to know what is and isn’t included in the bylaws and regulations before you move to the community.
Not Enforced Equally
An association can’t penalize one homeowner while letting another neighbor get away with the same violation. The rules and regulations must be enforced equally. If the HOA selectively enforces their rules, the targeted homeowner could have a legal case.
Avoiding Surprises When Moving to an HOA Community
Although most HOA rules exist to help homeowners maintain a well-functioning community, some restrictions might surprise you. The best thing you can do to avoid a headache when moving to an HOA community is read all of the governing documents from beginning to end. Never make an offer on a property until you’ve pored over the CC&Rs, bylaws, and rules and regulations.
You can ask the HOA for the minutes from the past year of meetings, too. Reading the meeting minutes can help you understand the culture of the neighborhood, how strictly the rules are enforced, and how the HOA addresses concerns from the community.
Talking to community members can also give you a better understanding of the neighborhood before you make an offer on a house. If you see any neighbors outside during a showing, you could ask them about their experiences in the community and their thoughts on the association. No two neighbors will have exactly the same perspective, but their insights can be valuable.
There are benefits and drawbacks to living in an HOA neighborhood, but what’s most important is that you’re fully informed of the association’s rules and operations before you move in. If you’re moving to an HOA community, make sure to do your due diligence and read through all the governing documents so that you don’t face any surprises.
