Homeowners associations (HOAs) are governed by state laws and their own governing documents, which outline the rights and responsibilities of both the board and its members. While HOAs play a vital role in maintaining community standards, it's a myth that they hold unlimited power. In reality, homeowners have a wide range of legal rights designed to protect their interests and ensure fair treatment.
Here are 17 legal rights homeowners have when living in an HOA community:
1. Serving on the HOA Board
Qualified homeowners may apply to serve on the board of directors. Eligibility requirements are typically outlined in the HOA’s governing documents. Members must be in good standing and current on dues. Fair elections and access to necessary resources are also guaranteed. If rights are denied, refer to Civil Code Section 5145.
2. Board Meeting Notifications
Homeowners must receive at least 4 days’ notice for open board meetings and 2 days for executive sessions. Emergency meetings may be exempt from notice requirements (Civil Code Section 4920).
3. Annual Meetings
HOAs may be required to hold annual meetings to review budgets and community issues. If not held, homeowners may have the right to call for new board elections. Check your governing documents for specifics.
4. Disciplinary Hearings
Homeowners must be notified in advance and given the opportunity to attend disciplinary hearings. A schedule of fines and written decisions must be provided.
5. Inspection of Records
Homeowners can request access to financial statements and HOA records, such as vendor contracts, check registers, and reserve summaries. Copying or mailing costs are the homeowner’s responsibility.
6. Membership List Access
Homeowners may inspect or request a copy of the HOA’s membership list, with any associated costs borne by the requester.
7. Solar Installations
HOAs may regulate solar energy systems in common areas but cannot impose restrictions that reduce efficiency or increase costs (Civil Code Sections 714 and 714.1).
8. Satellite Dishes and Antennas
Homeowners have the right to install satellite dishes, subject to placement and setup rules outlined in the HOA’s governing documents.
9. Display of Signs, Flags, and Posters
Noncommercial signs, flags, and posters are allowed, provided they don’t violate health, safety, or legal standards (Civil Code Section 4710).
10. Display of the U.S. Flag
Homeowners may display the U.S. flag in private areas, subject to material and placement guidelines (Civil Code Section 4705).
11. Religious Objects
In states like California, homeowners may display religious items on entry doors or frames, within size and safety limits (Senate Bill No. 652).
12. Electric Vehicle Charging Stations
Homeowners can install EV charging stations with architectural approval and at their own expense. HOAs may regulate placement and safety standards (Civil Code Section 4745).
13. Pet Ownership
HOAs cannot prohibit homeowners from keeping at least one pet. Rules may apply for safety, such as leash requirements (Civil Code Section 4715).
14. Accessibility Modifications
Homeowners may request property modifications for disability access, provided structural integrity is maintained (Civil Code Section 4760).
15. Ingress and Egress Rights
Homeowners cannot be denied access to their units except under specific legal or safety conditions (Civil Code Sections 4505 and 4510).
16. Drought-Resistant Landscaping
HOAs cannot prohibit low-water landscaping or synthetic turf if it complies with state law (Civil Code Section 4735).
17. Protection Against Military Status Discrimination
In states like California, HOAs cannot deny housing based on military or veteran status, including HUD-VASH voucher use (Senate Bill No. 222).
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