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6 Situations Where You Legitimately Can Sue Your HOA

In a worst-case scenario, an HOA’s behavior goes from annoying to illegal.

By Heather Bien

Edited by Chris Kissell

Updated Jan. 16, 2025

In an ideal world, a homeowner association (HOA) exists to make sure everyone in a condo building or neighborhood abides by the same rules that keep the community peaceful and tidy.

It can seem like a savvy homeowner move to buy into one of these HOA communities. But, in a worst-case scenario, an HOA might take enforcement too far.

Here are some situations where you can legitimately sue the HOA for harassment. However, note that laws vary from state to state. Consult with a legal professional before you take action.

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Selective enforcement of rules

An HOA cannot treat one homeowner differently from the rest. They cannot offer one member of the community favorable treatment or subject another to selective penalties or criticism.

If you are being treated unfairly, there might be a case for harassment.

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Discrimination

There may be a case for discrimination if a homeowner is being harassed or held to a separate standard based on race, religion, disability, familial status, age, gender, or any other protected characteristic.

The HOA might engage in this treatment to drive the homeowner out of the community. Contact a lawyer if you believe you are a victim of discrimination.

Unreasonable fines

An HOA likely can fine you for violating its covenants, conditions, and restrictions (CC&Rs) and bylaws. But it needs to have proof that you did, in fact, break one of the rules that governs the community.

In addition, it typically must have that fine outlined within its procedural documents. It cannot fine you for something that is not within its rules, and it cannot impose a fine in an arbitrary amount.

If either of those events occur, then you may be able to sue the HOA.

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Being denied access to common areas without cause

If there is a common area in the HOA and there are no rules in writing that restrict access, you are legally allowed to access those areas.

If you are denied access, you may be able to sue the HOA for restricting your use of the space.

Verbal or physical harassment

Whether it’s in your front yard or at an HOA meeting, your fellow residents or HOA board members do not have the right to verbally or physically harass you.

If there is an altercation, you may have the right to sue the HOA.

Intimidation by the HOA

Even if someone in the HOA doesn’t like what you’re doing with your home, they may not resort to intimidation to stop you.

Harassing you when you walk outside your home, sending letters, and slandering you in the community could all be seen as an attempt to make you feel unsafe within your own home.

If the HOA doesn’t step in to stop such behavior, you may have the right to sue it.

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Bottom line

To prepare yourself financially, make sure you are familiar with all of the rules and regulations of an HOA before committing to moving into a community.

Don’t just scan over the bylaws and assume they should be straightforward enough to follow. Look through them carefully. Ask questions.

Make sure you understand any scenario where you might find yourself up against the HOA.

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Selective enforcement of rules

Discrimination

Unreasonable fines

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Being denied access to common areas without cause

Verbal or physical harassment

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Intimidation by the HOA

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