Living in an HOA-governed community comes with its rules, but it doesn’t mean surrendering your rights. While HOAs have the power to enforce regulations, they must operate within the law, and your rights as a homeowner remain protected.
Are you aware of the 15 rights you have that your HOA can’t touch?
1. The Right to Possess & Enjoy Your Property
At its core, owning a home means having the right to possess and enjoy your property without undue interference. HOAs cannot legally prevent you from living in or using your home if you comply with local laws and community rules.
While HOAs can enforce shared spaces or aesthetics rules, they cannot infringe on residents’ basic right to occupy their property.
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For example, unless there’s a legal foreclosure process due to unpaid dues (which requires due process), an HOA cannot evict you or restrict access to your home.
2. The Right to Display the U.S. Flag
Federal law protects your right to fly the American flag on your property through the Freedom to Display the American Flag Act of 2005. (ref) This law prevents HOAs from banning flag displays outright, although they may regulate size or placement for safety reasons.
If your flag display is reasonable and adheres to any size or installation guidelines, you can proudly showcase it without fear of fines or penalties from your HOA.
3. The Right to Install Satellite Dishes
The Federal Communications Commission (FCC) grants homeowners the right to install satellite dishes or antennas for television reception under its Over-the-Air Reception Devices (OTARD) rule. (ref)
This means HOAs cannot prohibit these installations outright to receive a signal if necessary.
While HOAs may impose reasonable restrictions on placement (e.g., requiring dishes to be installed in less visible areas), they cannot deny installation entirely.
4. The Right to Solar Panels
Many states have enacted solar access laws protecting homeowners’ solar panel installation rights. These laws prevent HOAs from imposing blanket bans on solar energy systems, supporting environmental sustainability initiatives.
Although HOAs may regulate the aesthetic placement of panels, such as requiring them to be installed in less visible locations, they cannot unreasonably restrict or deny their use.
5. The Right against Discrimination
Under the Fair Housing Act, homeowners are protected from discrimination based on race, color, religion, sex, national origin, familial status, or disability. (ref) This federal law ensures that HOAs treat all residents equally when enforcing rules or making decisions.
Selective enforcement of policies or targeting individuals based on discriminatory judgments is not only unethical but also illegal.
Some states even extend these protections with additional fair housing laws.
6. The Right to Access HOA Documents
Transparency is a cornerstone of HOA governance. Homeowners have the legal right to access important HOA documents such as financial reports, meeting minutes, and governing bylaws.
While HOAs may charge reasonable fees for copies, they cannot deny access unless documents are protected by attorney-client privilege or involve ongoing litigation.
This ensures accountability within the association’s management practices.
7. The Right to Question Fees & Assessments
Homeowners can challenge excessive HOA fees or special assessments if they believe these charges are unreasonable or improperly imposed. State laws often require HOAs to justify fee increases and provide transparency about how funds are used.
If an assessment seems arbitrary or unfairly distributed among residents, you can dispute it through hearings or legal action.
8. The Right to Participate in HOA Meetings
Every homeowner has the right to attend and participate in HOA meetings where decisions about community policies are made. This includes voting on budgets, rule changes, and other significant neighborhood matters.
Participation ensures homeowners have a voice in shaping their community’s direction and holding board members accountable for their decisions.
9. The Right to Reasonable Accommodations
Under federal law (e.g., the Americans with Disabilities Act), HOAs must provide reasonable accommodations for homeowners with disabilities. (ref) This includes allowing modifications like wheelchair ramps or permitting service animals despite pet restrictions.
These accommodations ensure equal access and enjoyment of properties for all residents without undue interference from HOA rules.
10. The Right against Arbitrary Fines
HOAs can only impose fines for violations explicitly outlined in their governing documents (CC&Rs). A fine may be unenforceable if clear rules or proper notice procedures don’t support it.
Homeowners can dispute arbitrary penalties through hearings or legal channels if necessary. This protects against overreach by overzealous boards seeking excessive control over minor infractions.
11. The Right against Foreclosure without Due Process
Although HOAs can place liens on properties for unpaid dues, foreclosure is heavily regulated by state laws and requires due process.
Homeowners must receive adequate notice and opportunities to resolve delinquent payments before foreclosure proceedings begin. This ensures that no one loses their home unfairly over minor disputes with an HOA board.
12. The Right to Display Political Signs
Political expression is a fundamental right, and in many states, homeowners have the legal right to display political signs on their property during election seasons.
While HOAs may impose reasonable restrictions—such as limiting sign display size, number, or duration—they cannot outright ban political signage.This right ensures that homeowners can participate in democratic processes without fear of penalties or fines from their HOA.
However, reviewing your state laws and HOA bylaws is important to understand any specific limitations on this right.
13. The Right to Fair Hearings before Disciplinary Action
If your HOA accuses you of violating community rules, you have the legal right to a fair hearing before any disciplinary action, including fines, suspension of privileges, or other penalties.
The HOA must provide written notice of the alleged violation and details about the hearing process. This ensures homeowners can publicly present their side of the story and dispute allegations.
Without this process, any disciplinary action taken by the HOA could be challenged as unlawful.
14. The Right to Challenge New Rules
HOAs cannot enforce new rules or amendments without following procedures outlined in their governing documents.
Most associations require homeowner input or a majority vote before implementing significant rule changes.
If an HOA bypasses these procedures or imposes unreasonable restrictions without approval, homeowners can challenge these actions through mediation, arbitration, or litigation.
15. The Right to Sue for Violations of Fiduciary Duty
HOA boards must act in the community’s and its members’ best interests. Homeowners have the right to take legal action if they fail to do so—such as by mismanaging funds, engaging in discriminatory practices, or selectively enforcing rules.
Suing an HOA for breach of fiduciary duty is often a last resort but can be necessary when board members act outside their authority or fail to fulfill their obligations.
Evidence such as financial records or documentation of unfair treatment can strengthen your case.
Disclaimer: Always check your local, state, and HOA laws before making any decisions based on this information. Rules and regulations vary widely by location and community, and compliance with these legal requirements is essential.
Davin is a jack-of-all-trades but has professional training and experience in various home and garden subjects. He leans on other experts when needed and edits and fact-checks all articles.