Your HOA Can’t Touch These 11 Legal Rights (No Matter What They Say)

Homeowners associations (HOAs) can provide order and structure to a neighborhood, but they also have limits that many people don't realize. Some boards may overstep, though, leaving residents feeling pressured into unfair rules (or even at risk of losing money on unnecessary fees). Understanding your rights is crucial to avoid wasting money.

This guide breaks down the key legal rights your HOA can't simply take away, and what you can do if your board tries to overreach.

Your HOA can set rules for uniformity, but it can't silence your voice. Homeowners generally have the right to display political signs during election season and put up holiday decorations. While boards may regulate things like size, placement, or duration, they can't outright ban protected speech. If overreach occurs, documenting incidents and referencing state laws could help you push back.

Federal law protects your right to practice your faith at home. This includes things like displaying a menorah in your window, hanging a cross on your door, or putting up holiday decorations that reflect your beliefs. HOAs can place some limits, like ensuring displays don't block common areas or pose hazards. However, they cannot strip away this right altogether. If challenged, citing the Fair Housing Act could strengthen your case.

Accessibility isn't optional. It's a legal right. HOAs must make reasonable accommodations for residents with disabilities, such as allowing service animals even if pets are restricted or permitting the installation of ramps or handrails. These protections fall under federal law, including the Americans with Disabilities Act and Fair Housing Act. If your request for accommodation is denied, be sure to get everything in writing.

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If you want satellite TV, your HOA can't flat-out forbid it. Federal law protects your right to install small dishes and antennas (typically under one meter in diameter) in spaces you control, like your balcony or backyard. HOAs can regulate placement somewhat for safety or aesthetics, but they cannot completely block access. If challenged, pointing to the FCC's Over-the-Air Reception Devices rule could help.

As solar energy grows more affordable, many homeowners face pushback from HOAs over appearance concerns. But in many states, "solar rights" laws stop HOAs from banning panels outright. Boards can set reasonable guidelines on placement, such as requiring panels to be in the back of the home, but they cannot completely block installations. These laws vary from state to state, so be sure to check your state law.

No HOA can decide who gets to buy your home or prevent you from selling it altogether. Associations may require paperwork, disclosures, or review processes to keep records consistent, but these steps must be reasonable. It could cross into illegal territory if your board tries to stall a sale or unfairly rejects a buyer. Keep documentation just in case you need to push back.

Some HOAs still try to ban clotheslines for appearance reasons, but in many states, "right to dry" laws protect your ability to hang laundry outside. These laws recognize the environmental and economic benefits of line-drying. While associations can regulate their placement to maintain a uniform look, they can't typically prohibit placement altogether. If your board pushes back, checking your state's statute could give you leverage.

Inviting friends and family over is part of enjoying your home, and HOAs can't take that away. While they can set reasonable rules (like requiring visitor parking passes or limiting long-term stays, they cannot completely forbid guests or impose excessive restrictions on overnight visitors. Many of these laws are local, so check your local laws if you think your HOA's policies go too far.

When conflicts with your HOA escalate, you always have the right to seek legal help. Boards cannot block you from hiring an attorney, nor can they bar your lawyer from attending disciplinary hearings or dispute resolutions. Having counsel can help you understand your rights and prevent you from being pressured into unfair agreements. HOAs cannot restrict this and may cross into unlawful territory if they try to.

HOAs cannot pick and choose when to enforce rules based on personal bias. Fair Housing laws protect against discrimination tied to race, religion, family status, disability, and other protected categories. If one neighbor is allowed to bend the rules while another is punished, it could be a sign of unfair treatment. Documenting incidents and citing the Fair Housing Act can be powerful if you need to challenge unfair enforcement.

Transparency is a legal obligation, not a courtesy. Most state laws give homeowners the right to review association records, including budgets, financial statements, and meeting minutes. This access can help you understand how dues are being spent and whether decisions align with the community's rules. If your HOA is making access difficult, consider submitting a written request under your state's statutes.

HOAs play an important role in maintaining community standards, but they cannot override the core legal rights that protect you as a homeowner. Knowing where their authority stops helps you avoid unnecessary conflict and protect your property.

One survey by the Foundation for Community Association Research found that nearly 74 million Americans live in HOA communities. Understanding your rights in these settings isn't just about peace of mind. It's also a smart way to stay on the right track to build wealth by protecting your home's long-term value.