Legal Rights of HOA Homeowners

Living in an HOA has many benefits, but also requires homeowners to abide by certain rules, guidelines, and expectations. The HOA has the authority to enforce the rules, and it’s likely that homeowners will have a difference of opinion from time to time.

If you’re considering purchasing a home within an HOA, you may wonder what rights and obligations you will have as a member, and what will happen when you encounter an issue with your association.

Here are some basic legal rights you can expect to have with your new HOA membership:

Fair Housing

The Federal Fair Housing Act prevents an association from discriminating against homeowners. This means that the HOA cannot enforce rules or regulations based on your race, religion, sex, or familial status. It also requires an HOA to make reasonable accommodations and modifications necessary for homeowners with disabilities.

Fines & Appeals

While the association has the right to fine a member for violating the statutes set forth in their governing documents, they are not allowed to issue fines at will. If you find yourself on the receiving end of a questionable charge, be sure to double-check the official CC&Rs to determine if the fine is valid. If it is, and you still feel you are being treated unfairly, you have the right to appeal.

Rules

The board may at times seem all-powerful, but they can’t make decisions and changes to rules and regulations on the fly. Governing documents should specify how new rules must be enacted, which is usually by vote from the board and/or homeowners. If that process is not followed, whatever new rule they are trying to enforce is null.

Transparency

You should expect complete transparency from your HOA. This includes access to board meeting minutes and the opportunity to attend and voice concerns or suggestions at those meetings. HOA boards should not be meeting in secret to discuss any changes to CC&Rs or any other association business without sharing their intent with you, the homeowner, first.

Joining what may seem like a controlling HOA may seem daunting, but you must remember that you are not without your rights, and any rules and regulations that are in place are there for good reason. HOAs protect your property value, provide enjoyable amenities, and offer a certain standard of living that you won’t find in unregulated communities.

When homeowners and boards understand their rights, they are better able to develop a mutually beneficial relationship that contributes to the overall success of the community.