When you buy in an HOA community, you agree to follow its covenants, conditions and restrictions. Associations have power to enforce them, but they must follow their own rules and state law.
What HOAs control
- Exterior appearance, landscaping and architectural changes.
- Use of common areas.
- Parking, pets and rentals.
- Assessments and fees.
Enforcement
Associations can send violation notices, impose fines, suspend privileges and, in some states, file a lien for unpaid assessments or even foreclose. Many states require notice and a chance to be heard before fines.
If you receive a violation
- Read the notice and the governing documents.
- Respond in writing by the deadline and request a hearing.
- Fix the issue or explain why you believe it is not a violation.
- Ask for a payment plan if you owe fees.
- Check state law protections, such as for solar panels or flags in some states.
Before you buy
Review the covenants, budget and meeting minutes. Check reserve funds and any pending assessments. A lawyer can help review them before closing.
Frequently asked questions
Can an HOA foreclose on my home?
In some states yes for unpaid assessments, though there are protections.
Can I change the rules?
By voting, serving on the board or amending the documents as allowed.