Fundamental Homeowner Rights
Right to Vote
You have the right to vote on major HOA decisions including:
- Board member elections
- Budget approvals
- Bylaw and CC&R amendments
- Special assessments (depending on amount)
- Major contracts and expenditures
Key Protection: Your vote cannot be diluted, denied, or restricted based on race, religion, or other protected characteristics.
Right to Due Process
Before the HOA can impose fines or sanctions, you're entitled to:
- Written Notice: Specific description of the alleged violation
- Time to Cure: Reasonable opportunity to fix the problem (typically 10-30 days)
- Hearing: Chance to present your case before the board
- Written Decision: Explanation of the board's determination
- Appeal Process: Opportunity to challenge the decision
Right to Access Records
You can inspect and copy HOA records including:
- Financial statements and budgets
- Bank statements and cancelled checks
- Contracts and agreements
- Meeting minutes (board and member meetings)
- Governing documents
- Vendor contracts
- Insurance policies
Limitations: Some states allow HOAs to withhold personal information, pending litigation documents, and executive session minutes.
Right to Attend Meetings
Homeowners can:
- Attend open board meetings
- Speak during designated open forum periods
- Receive advance notice of meetings (typically 48 hours to 10 days)
- Record meetings where allowed by state law
Exception: Executive sessions for sensitive matters (litigation, personnel, contracts) may be closed to members.
State-Specific Rights
Many states have enacted HOA laws providing additional homeowner protections:
California (Davis-Stirling Act)
- Right to speak at board meetings for up to 3 minutes
- Mandatory alternative dispute resolution before lawsuits
- Annual financial review by independent CPA
- Strict notice requirements for rules and fines
Florida (HOA Statute 720)
- Right to obtain insurance information
- Protection against selective enforcement
- Mandatory annual financial reporting
- Disclosure requirements for board candidates
Texas (Property Code Chapter 209)
- Right to solar panel installation (with reasonable restrictions)
- Resale certificate requirements
- Notice of violations must include cure period
- Limits on collection fees
Know Your State Laws
Research your state's specific HOA statutes. Many states have comprehensive HOA laws that provide protections beyond what's in your governing documents. Check your state legislature website or consult an HOA attorney.
Federal Protections
Fair Housing Act
HOAs cannot discriminate based on:
- Race or color
- National origin
- Religion
- Sex (including sexual orientation and gender identity)
- Familial status (families with children)
- Disability
Americans with Disabilities Act (ADA)
Homeowners with disabilities have the right to:
- Reasonable Accommodations: Modifications to rules (e.g., service animal despite no-pet policy)
- Reasonable Modifications: Physical changes to property (e.g., wheelchair ramp) at owner's expense
Over-the-Air Reception Devices (OTARD) Rule
HOAs cannot prohibit:
- Satellite dishes up to one meter in diameter
- TV antennas
- Wireless internet antennas
Freedom to Display American Flag
Federal law protects the right to display the U.S. flag, though HOAs can impose reasonable restrictions on size, location, and manner of display.
When Your Rights Are Violated
Steps to Take
-
Document Everything
- Keep all written communications
- Take photos/videos of relevant conditions
- Record dates, times, and witnesses
- Save emails and letters
-
Review Governing Documents
- Confirm the HOA's authority
- Check procedures were followed
- Identify specific violations of your rights
-
Communicate in Writing
- Send formal complaint to board
- Request specific remedy
- Cite governing documents and laws
- Set reasonable deadline for response
-
Escalate if Necessary
- Request hearing before full board
- Attend board meetings to address issue
- Rally other homeowners for support
- File complaint with state regulatory agency
-
Seek Legal Assistance
- Consult HOA attorney for evaluation
- Consider mediation or arbitration
- File lawsuit as last resort
Important: Continue Paying Assessments
Even if you're in a dispute with your HOA, continue paying regular assessments on time. Falling behind can result in liens, legal fees, and weakened legal position. If you believe assessments are improper, pay under protest and seek legal advice.
Limits on Homeowner Rights
While you have substantial rights, there are limits:
- Contractual Agreement: By purchasing in an HOA, you agreed to follow rules and restrictions
- Reasonable Restrictions: HOAs can impose reasonable rules that serve legitimate community interests
- Majority Rule: Individual preferences may be overruled by majority decisions
- Business Judgment Rule: Courts generally defer to board decisions made in good faith
When HOA Restrictions Are Valid
- Rule is clearly stated in governing documents
- Consistently and uniformly enforced
- Serves legitimate community purpose
- Adopted through proper procedures
- Not discriminatory or arbitrary
- Complies with applicable laws
Protecting Your Rights: Best Practices
Proactive Protection Strategies
- Read Governing Documents: Understand your rights and obligations before buying
- Attend Meetings: Stay informed and participate in governance
- Build Relationships: Know your neighbors and board members
- Keep Records: Document all HOA interactions
- Communicate in Writing: Create paper trail for important matters
- Stay Current: Pay dues on time to maintain good standing
- Get Pre-Approval: Obtain written approval for modifications
- Join Committees: Influence policy by participating actively
- Run for Board: Direct way to shape community governance
- Know State Laws: Understand legal protections in your jurisdiction
Protect Your Rights with Transparent Management
HOA by Owners promotes transparency and fairness in community governance. Our platform ensures homeowners have easy access to records, fair enforcement processes, and clear communication.
Start Free Trial