12 Freedoms Your HOA Can’t Deny
Homeowners' associations (HOAs) often enforce rules to maintain community standards, but certain rights are protected by law, limiting their authority. Understanding these protections can help homeowners navigate HOA regulations effectively.
1. Displaying Satellite Dishes and Antennas
Under the FCC's Over-the-Air Reception Devices (OTARD) rule, HOAs cannot prohibit the installation of satellite dishes or antennas on property you own or lease, provided they are one meter or less in diameter. This ensures access to communication services.
2. Installing Solar Panels
Many states have laws preventing HOAs from banning solar panel installations, promoting renewable energy use. However, HOAs may enforce reasonable restrictions regarding placement and aesthetics.
3. Flying the American Flag
The Freedom to Display the American Flag Act of 2005 prohibits HOAs from restricting homeowners from displaying the U.S. flag. HOAs can implement reasonable rules about how and where flags are displayed.
4. Posting Political Signs
While HOAs may have guidelines on the size and number of political signs, they generally cannot completely ban them, especially during election periods. State laws vary, so it's important to know your local regulations.
5. Parking Certain Vehicles
Some states have laws that limit HOAs' ability to restrict parking of certain vehicles, such as pickup trucks, in homeowners' driveways. For example, a Florida law effective July 1, 2024, prevents HOAs from prohibiting the parking of pickup and work trucks in private driveways.
6. Installing Native Plants
In some regions, HOAs cannot prohibit homeowners from planting native or drought-resistant plants, supporting environmental conservation efforts.
7. Using Clotheslines
States with "right to dry" laws protect homeowners' rights to use clotheslines, promoting energy conservation. HOAs may regulate their placement but cannot enforce a total ban.
8. Displaying Religious Symbols
HOAs cannot enforce rules that discriminate against religious expressions, including the display of religious symbols, as protected by the Fair Housing Act.
9. Modifying for Accessibility
Under the Fair Housing Act, HOAs must allow reasonable modifications for accessibility, such as ramps, to accommodate residents with disabilities.
10. Installing Security Measures
Homeowners have the right to install security cameras and other measures to protect their property, though HOAs may have guidelines to ensure community aesthetics.
11. Renting Out Property
While HOAs can set rules regarding rentals, they cannot enforce restrictions that violate state laws or federal housing regulations.
12. Operating a Home-Based Business
HOAs may have guidelines on home-based businesses, but they cannot prohibit activities that don't disrupt the community or violate zoning laws.
Final Thoughts
It's crucial to review your HOA's covenants, conditions, and restrictions (CC&Rs) alongside local, state, and federal laws to understand your rights fully. Consulting with a legal professional can provide clarity on specific situations.
