Top Ten HOA Homeowner Rights
Top Ten HOA Homeowner Rights
Homeowners Associations are legal entities. Consequently, an HOA, its Board members, and homeowners all have certain legal rights — all of which should be clearly outlined in your community’s governing documents.
So that HOA Boards and residents within the community can understand what rights are afforded to homeowners, PDS has put together a list of the top 10 rights that homeowners have within their HOA.
- Property Owners Have Specific Rights Under the Law
Anyone who purchases property is afforded a plethora of legal rights. These include:
- The Right of Possession: Whoever holds the title of the property is the legal owner.
- The Right of Control: The homeowner has the right to use their own property however they please — so long as it is legal. In an HOA, however, homeowners still have to follow the community’s rules and regulations.
- The Right of Exclusion: A property owner can control who enters their home — a warrant or court order being a notable exception. There can also be utility easements for workers who might need to access the property.
- The Right of Enjoyment: A homeowner has the right to participate in any activity they deem pleasurable — again, so long as it is legal.
- The Right of Disposition: A homeowner can transfer ownership of their property to another person. However, if there is a lien on the property, the new owner will have to pay it off.
- Homeowners Can Change HOA Rules and Regulations
It is within homeowners legal rights to change rules and regulations of the HOA. Homeowners can choose to take action if they deem certain rules are unfair, outdated, or discriminatory.
- Homeowners Can Question HOA Fees and Assessments
Homeowners are required to pay assessment fees each month, however, that doesn’t mean that the HOA can simply raise fees indiscriminately. Depending on your governing documents, HOAs usually need to give adequate notice to homeowners about increases in fees or special assessments via certified mail. There may also be a limit on how much fees can be raised each year.
Homeowners can take formal action if they believe that fees are unnecessary or unjust, but they are still advised to continue paying their assessments. The HOA board does have the right to place a lien on a delinquent homeowner’s property or even file for a foreclosure to collect unpaid assessments.
- Homeowners Have a Right to Access Financial Reports and Other HOA Documents
HOA Board members cannot prohibit homeowners from requesting documents including:
- Financial Reports
- Annual Budget Report
- Reserves Summary
- Vendor Contracts
- Board Meeting Agendas and Minutes
- HOA Membership Lists
- HOA Tax Returns
- Governing Documents
- HOA Rule Changes or Amendments
- Plans for Capital Improvement Projects
Homeowners have a right to request and review such documents to see how the community’s finances and assets are being managed.
It may be the case that the homeowner must request the documents in writing, as well as paying for copying and mailing costs. The HOA may also prohibit access to any documents that are involved in pending litigation as well as those that are bound by attorney/client privilege.
- Homeowners Have the Right to Disciplinary Hearings
Before an HOA can take disciplinary action (i.e. suspending privileges or imposing fines), the HOA Board must hold a hearing and send written notice to the homeowner in advance. Homeowners are entitled to the hearing even if they are, in fact, in violation of any of the HOA rules or regulations.
- Homeowners Can File Suit Against HOA Board Members
If a homeowner believes that an HOA Board member or members have selectively enforced certain rules, has made negligent decisions, or has committed other wrongdoings, they can file a lawsuit.
It is worth noting that HOA Board members are protected from personal liability provided that their actions were in the best interest of the community. In addition, The HOA’s D&O insurance will cover the legal expenses involved. However, to avoid legal costs for both homeowners, the HOA, and Board members, the Board can recommend mediation as an alternative.
- Homeowners Have the Right to Display the Flag of the United States
The Freedom to Display the American Flag Act (enacted in 2005) ensures that an HOA cannot prohibit homeowners from displaying the American flag — even if the HOA cites architectural control reasons. That having been said, the HOAs can have limits on locations and heights of the flagpoles, as well as requiring residents to submit a written request before installing the flagpole on their property.
- Homeowners Have the Right to Display Political Signs
In Arizona, homeowners have the right to display political signs on their property. However, the HOA can set regulations regarding placement and size of the signs as well as how long before or after an election the signs can be visible.
- Homeowners with Disabilities Have the Right to Reasonable Accommodations
The Fair Housing Act enables homeowners with disabilities to have reasonable accommodations, such as ramps for access to common areas of the community and service animals being allowed in pet-restricted areas. HOAs can only deny such accommodations if other equally viable options are available. The HOA may also require the homeowner to provide documentation of the disability or that the animal in question is a certified service animal.
- Homeowners Cannot Be Discriminated Against
HOAs are prohibited by the Fair Housing Act from discriminating agains homeowners or potential homeowners based on race, color, sex, religion, nationality, family status, or disability. No rules can be enforced selectively nor any action taken that is rooted in discrimination.
Though these are the ten most important rights that homeowners have with regard to living in a community governed by an association, there are, of course, others that will apply in particular situations. If you have any questions regarding your rights, PDS encourages you to inquire with your community manager on the details or to reach out to us directly for any clarification that you might need.
