HOA Rules and Property Restrictions
Living in an HOA community offers benefits, such as order, maintenance, and amenities. However, it also comes with restrictions. Before buying, renting, or remodeling in an HOA, take time to review the rules, ask questions, and weigh how much control you are willing to accept in exchange for community benefits. Hence, for buyers, sellers, and current residents, understanding HOA rules and property restrictions is essential for protecting property values, avoiding fines, and preserving neighborly relations.
What is an HOA
A homeowners association (HOA) is a private governing body created to manage and maintain a planned community, condominium complex, or subdivision. When a developer builds a neighborhood, they typically form an HOA and record a set of governing documents that bind property owners.
Membership of an HOA is generally mandatory for anyone who buys a home inside the community, and the HOA's authority flows from those recorded documents plus applicable state law.
The primary roles of an HOA are to:
- Maintain shared amenities, such as parks, pools, and roads
- Enforce community rules to preserve property values
- Collect fees to fund operations and reserves
CC&Rs / Community Restrictions
Covenants, Conditions, and Restrictions (CC&Rs) are the foundational rules for most HOAs. These rules are meant to promote harmony, maintain a uniform appearance, and protect collective home values; however, they may also limit personal freedom.
Alongside bylaws and rules and regulations, CC&Rs describe what is allowed and what is prohibited within the community. Typical provisions include:
- Use Restrictions: No short-term rentals, no home-based businesses, or limits on the number of occupants.
- Architectural Control: Rules on paint colors, fencing, roof materials, and even holiday decorations.
- Pet Rules: Breed or size restrictions, leash requirements, or bans on certain animals.
- Noise and Nuisance Limits: Restrictions on music volume, construction times, or party hours.
- Vehicle and Parking Rules: Prohibited vehicle types such as RVs or boats, street parking limits, or garage use mandates.
Fees and Financial Obligations
HOAs are funded through assessments or dues paid by each homeowner. These fees can range from under $100/month to several thousand dollars per year, depending on the location, amenities, and services provided.
HOA fees typically cover the following:
- Landscaping of common areas
- Snow removal or trash pickup
- Pool or gym maintenance
- Private road repair
- Security services
- Insurance for shared buildings or structures
- Management company costs
In addition to regular fees, HOAs may impose special assessments to cover unexpected expenses such as roof replacements or lawsuit settlements.
Rights and Penalties
Homeowners in HOAs retain rights, but they also face penalties if they violate community rules. Common rights available in HOAs include the following:
- Notice and Hearing: Before being fined or penalized, a homeowner is usually entitled to written notice and an opportunity to dispute the violation.
- Access to Records: Most states require HOAs to make financial records and board meeting minutes available to homeowners.
- Participation in Governance: Homeowners typically have the right to attend meetings, vote in board elections, and serve on committees.
- Due Process Protections: Penalties must be reasonable, rules must be enforced uniformly, and fines cannot be arbitrary or retaliatory.
Penalties for rule violations may include warning letters, fines, suspension of amenities, legal action or mediation, liens, or foreclosure
Property Modifications and Approvals
Most HOAs require prior approval for exterior changes through an architectural review committee (ARC) or similar board-designated body.
Typical modifications requiring approval include the following:
- Repainting your home
- Installing solar panels or satellite dishes
- Building a deck, patio, or shed
- Changing landscaping or removing trees
- Adding fences, driveways, or awnings
To obtain approvals, owners should submit plans, product specifications, photos, contractor information, and proposed timelines. If the ARC or designated board fails to respond to a modification application within the set deadline, the request may be considered in some jurisdictions. In other jurisdictions, failure to obtain approval may result in fines, reversal orders, or lawsuits.
Note that approval may come with conditions (materials, setbacks, and finish), and the HOA may inspect upon completion to ensure compliance. If an application is denied, homeowners can request an explanation, revise their proposal, or pursue the association's internal appeal process.
Liens and Enforcement Power
When homeowners fail to pay dues, fines, or special assessments, HOAs typically have the power to collect through civil remedies. Standard enforcement tools include:
- Late notices and demand letters: These warning letters are initial steps made by the HOA to collect unpaid fees or dues.
- Fines and assessments: Additional charges for violations of HOA rules.
- Liens: Many HOAs can record a lien against the property for unpaid assessments, which clouds title and can interfere with refinancing or sale.
- Foreclosure: In some states, HOAs can foreclose on a property to collect unpaid assessments. However, specific procedures and homeowner protections depend on state law and the HOA's governing documents.
- Collection and legal action: HOAs may hire collection agencies or attorneys to recover debts. Be aware that legal costs are often added to the homeowner's balance.
Common Homeowner Questions
The following are frequently asked questions about HOAs.