What Your HOA Can and Can’t Do
We make jokes about this all day. This page is the part that isn’t a joke — general, plain-English orientation for people who just got a notice and don’t know where to start.
Read this bit. This is general information, not legal advice, and HOA law varies enormously between states. Nothing here overrides your own governing documents or your state’s statutes. If money, a lien, a deadline or a court date is involved, get an attorney licensed where you live.
Start with the hierarchy
When documents conflict, this is generally the order of authority:
- Federal and state law
- The recorded Declaration / CC&Rs
- The Articles of Incorporation
- The Bylaws
- Board-adopted Rules and Regulations
A rule the board adopted last spring does not beat the recorded CC&Rs, and neither of them beats a state statute. This is the single most useful thing to understand, because a large share of notices cite the bottom tier.
Things you can usually ask for, in writing
- A current copy of the governing documents
- The specific provision you are alleged to have violated
- The date, time and evidence of the alleged violation
- The annual budget and the reserve study
- Meeting minutes and the vote record
- Notice of the hearing, and the chance to be heard, before a fine attaches
Availability and timelines differ by state, but the act of asking in writing is free everywhere and changes the tone of the conversation immediately.
Areas where state law often limits the association
Many states have statutes that override what the CC&Rs say. Common examples — check whether yours has them:
Flags
Several states protect the display of the U.S. flag and sometimes others, regardless of the covenants.
Solar
Many states restrict an HOA’s ability to prohibit solar panels outright.
Political signs
Often protected for a window around elections.
Religious displays
Frequently protected, within size limits.
Satellite dishes
Federal rules limit how far an association can restrict certain antennas and dishes.
Families with children
Rules that single out minors can raise fair-housing problems. Worth a lawyer’s eye.
Examples only, and not universal. Look up your state’s statute before you take anything down.
If you get a notice: a sane sequence
- Don’t reply angry. A calm paper trail beats a loud one every time.
- Photograph everything, with timestamps, today.
- Find the actual rule. Search the PDF for the specific word — “fence,” “vehicle,” “sign.” Read what it really says.
- Write one page. The rule, the facts, the photos, and a request for the hearing date. One page. Flat tone.
- Send it to the board and the management company, and keep a copy.
- Watch the deadlines. Appeal windows are short and they do not care that you were on holiday.
- Escalate properly. Some states have a community association ombudsman or a consumer division. Some require mediation before litigation.
Where to look for your state’s rules
- Your state’s condominium act and/or planned community act
- Your state real estate commission or department of consumer affairs
- A community association attorney licensed in your state — many offer a short paid consult
- Your county recorder, for the actual recorded Declaration
And then send us the story. Once it’s resolved — or once it’s absurd enough — tell us about it. Names and addresses removed. The best ones become videos, which is how the rest of the neighborhood finds out this happens to everybody.