When it comes to a homeowner association’s laws and legal rights, most states will have established standards for how an HOA board and its members should conduct their organization. Most often than not, an HOA may have unlimited powers over its community — unfortunately, this is a common myth among many associations. An HOA has capabilities that allow it to protect the HOA aesthetic and property. As a legal entity, homeowner associations must give their members rights to safeguard the community’s wellbeing. To better educate our readers, listed below are 17 legal rights of homeowners living in HOAs.
1. Serving on the HOA Board:
If qualified, any homeowner may apply to the HOA board of directors. Keep in mind that most HOAs will have a specific set of requirements that should be provided in your HOA governing documents. Members must be in good standing and up-to-date on all fees and dues. In addition to these requirements, HOA members are entitled to a fair election and may be given access to any necessary HOA resources. If an HOA fails to allow an HOA member their rights, it is recommended to reference your HOA governing documents, along with Civil Code Section 5145, for additional details and penalties.
2. Board meetings:
When attending a board meeting, a homeowner is entitled to a minimum notice of 4 days, along with a plan of all open association meetings. Also, a minimum of 2 days notice is required for all executive meetings. Regarding emergency meetings, an HOA may not be responsible for providing notice as outlined in Civil Code Section 4920.
3. Annual meeting:
Depending on the state, an HOA may be required to hold a yearly HOA meeting so that homeowners can discuss the budget and other community matters. If an annual meeting is not stored, a homeowner may have the right to elect a new board of directors. For any additional questions, reference your HOA’s most updated governing documents.
4. Hearing of disciplinary action:
If a homeowner is asked to attend a disciplinary hearing, they must be given fair notice and the opportunity to participate in their hearing. This includes receiving notice of all fines through the circulation of a fines schedule. An HOA board must also provide the homeowner with written documentation explaining their final decision.
5. Inspection of records:
Homeowners can access financial statements and HOA records within their community. Note, it is the homeowner’s sole responsibility to pay any cost that may be needed to produce copies or mail. A few examples of HOA records and financial statements include approved vendor proposals, governing documents, executed contracts, check registers, interim financial reports, reserves summary, and documents for prospective purchasers.
6. Membership list:
HOA homeowners are allowed to inspect or be given a copy of their most updated membership list. Any cost that may occur from postage will be under the sole responsibility of the homeowner.
7. Solar installations:
According to Civil Code Section 714.1, an HOA may “restrict the installation of solar energy systems installed in common areas, as defined in Section 1351, to those systems approved by the association.” Also, Civil Code Section 714 states that “a solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.” The HOA board’s sole responsibility is to set proper restrictions that do not increase or decrease efficiency. For example, remove panels if the HOA has to repair or maintain a homeowner’s roof.
8. Satellite dishes and antennas:
HOA homeowners are entitled to have their satellite dishes. Some HOAs may have a set of requirements and regulations that prevent placement and setup. Be sure to review your HOAs governing documents for additional information.
9. Display of signs, flags, or posters:
An HOA must allow a member to be given the right to display any type of noncommercial signs, flags, banners, or posters on or in a homeowner’s best interest. Depending on the HOA, some rules may provide limits for the sole purpose of public protection of health or safety. Other limitations may include signage that could violate state, local, or federal law. (Civil Code Section 4710)
10. Display of U.S. flag:
An HOA homeowner may have the legal rights to display flags in separate interest areas; depending on the HOA, this may not include areas such as the common area. Other parameters may consist of placement, the type of display, and material. According to Civil Code Section 4705, “display of the flag of the United States" means a flag of the United States made of fabric, cloth, or paper displayed from a staff or pole or in a window, and does not mean a depiction or emblem of the flag of the United States made of lights, paint, roofing, siding, paving materials, flora, or balloons, or any other similar building, landscaping, or decorative component.”
11. Display of religious objects:
Depending on the state, some HOAs allow homeowners or tenants of a condominium to display religious items. For example, on January 1, 2020, Senate Bill No. 652, chapter 154 was passed in the state of California that would allow homeowners or tenants the ability to display religious objects on the entry door or in the door frame of their dwelling; provided that the item does not exceed 35x12 square inches. Objects may not include vulgarities and must follow all HOA safety rules and laws. If the object is placed around any home area that may need maintenance, the HOA may request to have you remove the item until the damage is fully repaired.
12. Electric car charging stations:
Homeowners are allowed to install electric vehicle charging stations at their own expense with architectural approval (January 1, 2012). An HOA may also select the place and set all restrictions to meet all safety and health regulations. (Civil Code Section 4745)
13. Pets:
As of January 1, 2010, no HOA may prohibit a homeowner from keeping just one pet. Depending on the HOA, some regulations may be set for the safety of other homeowners. For example, a dog may be required to be kept on a leash if they are walking on anything other than their homeowner’s property. According to Civil Code Section 4715, “For purposes of this section, "pet" means any domesticated bird, cat, dog, aquatic animal kept within an aquarium or other animal as agreed to between the association and the homeowner..” An HOA must include all rules and conditions as it applies to this subject.
14. Access for disabled persons:
A homeowner may have the legal right to request modifications to a property to access the use of their own home or unit. Any changes that are made may not affect the structural or mechanical systems that support the buildings. Additional information can be found in Civil Code Section 4760.
15. Legal rights of egress, ingress, and access:
A homeowner can not be barred from egress and ingress (getting to and from) of their unit or home. Only if an HOA has a court order, binding arbitration decision, reconstruction, an existing hazardous condition, or uninhabitable red-tagged unit may restrictions apply. (Civil Code Section 4505 and 4510)
16. Drought-resistant landscaping:
Homeowners are entitled to incorporate low water-using plants or synthetic turf in their home’s landscaping. Policies shall be unenforceable if any of the following occur: prohibit or include conditions that “have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.” Additional details can be found in Civil Code Section 4735.
17. Veteran and military status discrimination:
In some states, such as California, it was declared in January 2019 that a landlord or HOA association could not deny a prospective homeowners application “simply because the resident’s source of income includes HUD-Veterans Affairs Supportive Housing vouchers.” (Senate Bill No. 222, Chapter 601)
It is essential to be aware that all HOAs are different and may apply additional legal rights to their members, depending on the HOA state. As the best rule of practice, be sure to reference your most updated governing documents for any changes in HOA rights or guidelines.
