✅ Quick Summary:
- HOAs are bound by federal and state laws and can’t override your constitutional rights.
- Some HOA rules are unenforceable if they weren’t passed by vote or are applied inconsistently.
- Laws like the Fair Housing Act, the First Amendment, and state-specific statutes protect homeowners from overreach.
- Even if you live in an HOA, you still have legal recourse if you believe a rule is unjust or improperly enforced.
- Virginia homeowners should understand both their HOA’s rules and their rights under the law.
Introduction
Living in a homeowners association (HOA) community has its pros: shared amenities, architectural consistency, and neighborhood upkeep. But some HOAs go overboard—creating and enforcing rules that overstep legal boundaries or simply don’t hold water when challenged.
If you live in Virginia or are considering buying in an HOA-governed community, it’s critical to know: not all HOA rules are enforceable.
Below are 13 examples of HOA rules that, in many cases, cannot be legally enforced, especially when they violate federal or state protections—or the HOA’s own governing documents.
1. Discriminating Against Who Lives There
Under the Fair Housing Act, HOAs cannot discriminate against owners or tenants based on race, color, religion, sex, national origin, familial status, or disability.
✅ Example: An HOA can’t restrict rentals to “adults only” or deny a sale to someone based on their ethnicity or religious background.
2. Banning Clotheslines in “Right to Dry” States
Some states—including Virginia—have adopted “right to dry” legislation. That means homeowners may not be prohibited from using outdoor clotheslines for solar drying.
HOAs can regulate placement or aesthetic guidelines, but they cannot ban clotheslines entirely if state law protects the practice.
3. Blocking Religious Displays
HOAs cannot bar homeowners from displaying religious items—such as menorahs, crosses, or nativity scenes—as long as they are reasonable in size and placement.
The First Amendment and federal Religious Land Use laws protect your right to religious expression on your property.
4. Banning Guns from Private Property
HOAs can restrict firearms in common areas (like clubhouses or pools), but they cannot prevent a homeowner from owning a legally registered firearm inside their own home.
Second Amendment protections apply, even in HOA communities.
5. Enforcing Rules That Weren’t Voted On
If your HOA tries to enforce a new rule—like banning flags or limiting exterior decorations—it must be approved through a proper voting process and reflected in the official governing documents.
An individual board member cannot create or enforce rules arbitrarily.
6. Issuing Arbitrary Fines
If a fine isn’t clearly outlined in the Covenants, Conditions, and Restrictions (CC&Rs) or bylaws, the HOA may not have legal grounds to enforce it.
✅ Tip: Always request written documentation of where a fine or rule is located in the governing documents before paying.
7. Selective Enforcement of Rules
One of the fastest ways an HOA finds itself in legal trouble is through inconsistent rule enforcement. If one homeowner is fined for a violation while another isn’t—with no clear reason—this may amount to discrimination or harassment.
HOAs are required to enforce rules equitably and without bias.
8. Violating Federal Law
Federal law always trumps HOA rules.
Examples of protected actions include:
- Flying the U.S. flag
- Having service animals (even if pets are otherwise restricted)
- Installing accessibility ramps for disabled residents
HOAs cannot create rules that contradict federal laws protecting civil rights, disability access, or veteran status.
9. Prohibiting Satellite Dishes
Thanks to the FCC’s Over-the-Air Reception Devices Rule (OTARD), homeowners have the right to install satellite dishes and antennas for TV and internet access.
HOAs can regulate where they’re installed, but they cannot ban them entirely.
10. Banning Native or Drought-Tolerant Landscaping
Some states now have legislation that protects homeowners who want to install native or water-efficient landscaping instead of traditional turf lawns.
If Virginia adopts similar legislation—or if your HOA lacks clear rules—you may have the right to plant native species, especially if it aligns with environmental goals or conservation easements.
11. Stopping You from Taking Legal Action
An HOA cannot prevent you from suing them. If you believe your HOA is acting outside the law or violating your rights, you have the legal right to pursue action in court.
The HOA may have internal dispute resolution steps, but they cannot block you from accessing the legal system.
12. Banning Political Signs Entirely
While HOAs can regulate size, timing, and placement, they cannot flatly prohibit political signs, especially during election season.
The First Amendment protects your right to political speech, even on your own front lawn.
13. Banning You from Working from Home
Remote work is now a norm. Unless your job involves clients visiting your home, business signage, or disrupts neighbors, your HOA cannot stop you from working remotely.
Running a quiet online business or working for your employer from your home office is not cause for HOA interference.
Bonus Tip: Always Read the Fine Print
Every HOA is different, and some rules—though annoying—may be enforceable if they’ve been properly approved and recorded. But if a rule feels wrong, vague, or selectively enforced, it’s worth asking questions and requesting documentation.
Start by reviewing your:
- CC&Rs (Covenants, Conditions & Restrictions)
- Bylaws
- Board meeting minutes
If something doesn’t add up, consult a real estate attorney—or your local title company for guidance.
Why This Matters When Buying or Selling a Home
Understanding what an HOA can and can’t do can help prevent disputes during a home sale or purchase. Liens, fines, or unresolved HOA issues can delay or derail closings.
At Stronghold Title, we work closely with homebuyers, sellers, and real estate professionals across Virginia Beach to ensure:
- All HOA documentation is in order
- No surprise violations or unpaid dues appear
- You know what you’re getting into before closing
💬 Questions About HOA Disputes or Title Issues?
We’re here to help.
Whether you’re buying a home in an HOA community, selling a property with unresolved violations, or just want to understand your rights, Stronghold Title offers local expertise and legal insight to keep your transaction on track.
One Final Warning: Don’t stop paying HOA dues or following legitimate HOA rules just because you perceive that the Management Team of the HOA has done something illegal or unconstitutional! In states, like Virginia, with strong HOA rules and powers, the non-paying homeowner will find that the Association has taken a judgment against them and/or placed a lien against their title to the property for unpaid dues. A property generally cannot be sold or refinanced until those liens are settled and the longer they go unsettled, the more interest, legal fees, filing fees and other charges will add up against the homeowner! When in doubt, give notice to the association and pay dues under protest into court until the disputes can be resolved.