Discover the powers and limitations of your HOA, including what they can enforce and your rights as a homeowner in the community.
What Your HOA Can and Can’t Make You Do
Published on Oct. 11, 2024
Eighty percent of all new home construction projects in 2021 were part of a homeowners association (HOA), and it’s becoming increasingly difficult to buy a home NOT in one.
Led by volunteer property owners within a subdivision, condominium complex or multifamily building, HOAs create and enforce rules, known as Covenants, Conditions and Restrictions (CC&R), that all residents must follow. “No two are the same, and some are more restrictive than others,” real estate attorney Robert Walker says, “and [CC&Rs] should be read carefully before someone purchases in a community with an HOA. Violation of the covenants may result in fines, legal fees and even court proceedings.”
While HOAs can be great because of the community benefits they come with, like maintenance of shared areas, they can also be expensive and restrictive for new homeowners. Ahead, learn all about what a HOA can and can’t make you do.
On This Page
Can My HOA Make Me Get Rid of My Pet?
In certain cases, an HOA can make you get rid of your pet. An HOA’s CC&R will clearly outline acceptable breeds, sizes and pet numbers allowed per property. If your pet is a restricted breed or exceeds size limits, the HOA may be within their legal right to demand your pet be removed. However, service animals do receive extra protection through the Fair Housing Act.
Can My HOA Make Me Tear Down a Structure in My Yard?
Yes, if a structure in your yard violates the rules outlined in the CC&R, the HOA can make you take it down. Strict rules typically dictate any changes or modifications made to the exterior of your home, and will need prior approval by the HOA.
The same can be said for trees. Before planting a new tree, check with the HOA board to ensure it does not violate any landscaping guidelines.
Can My HOA Make Me Tear Down My Fence?
Yes, if the board did not approve a fence before installation, does not fit the community aesthetic or has fallen into disrepair, your HOA can require you to take it down. This can also happen to an existing fence if the CC&R regulations are updated, causing your fence to now be in violation of the new rules. “An HOA can always amend the covenants to add or subtract from them by a vote,” Walker says.
Can My HOA Make Me Paint?
Your HOA can require you to paint the exterior of your home. CC&Rs outline specific guidelines for exterior home conditions, including acceptable paint colors and maintenance requirements. The HOA will require you to paint peeling or faded exterior paint to comply with the community’s uniform appearance.
A CC&R cannot dictate how you paint the inside of your house, however.
Can My HOA Raise the Fee and Make Me Pay?
Yes, HOA fees can and will continue to rise as inflation and maintenance costs rise. However, the HOA will need to notify you well in advance of any changes, and some communities require a homeowners’ vote. The HOA will need to justify the increase to homeowners, and many states have set limits on how much and how often increases can be made.
Can My HOA Make Me Take Down a Political Sign?
Your HOA can make you take down a political sign if you live in a state that does not protect the right to display them.
Many HOAs have rules in place to limit or ban political signs in an effort to maintain aesthetic standards in the community. However, if you live in a state that protects the right to display political signs, usually within 30 to 60 days of an election, these laws override any HOA rules.
Can My HOA Enter My Home Without My Permission?
“No, they may not enter a dwelling without permission or a court proceeding,” Walker says. However, with prior notification they can access exterior common areas, like garages or backyards, to investigate a suspected rule violation.
About the Expert
- Robert Walker is an attorney and owner of Baystate Title and Escrow PC in Easthampton, Massachusetts. He’s been an attorney for twenty years, and has also worked in the real estate and mortgage industry.
Source
National Association of Realtors. “Study: Homeowners Associations Are Booming.”(2024)United States Census Bureau. “Characteristics of New Housing.” (2022)
