Living in a community governed by a Homeowner Association (HOA) has its benefits, but it can also lead to frustration when the rules seem overly restrictive. You may wonder if your HOA has the authority to enforce every single covenant in your agreement.
While HOAs have significant power, Florida law and federal regulations place limits on what an HOA can legally dictate to homeowners. Understanding these limits is the first step in protecting your rights as a property owner.
Rules that restrict your freedom of speech
Your HOA cannot create rules that completely ban your right to express yourself. If you want to display both a U.S. or Florida state flag and an official military flag, your HOA can set reasonable rules about the flagpole’s height or location. However, it cannot issue a complete ban.
The same idea applies to political signs. An HOA can limit their size or how long you keep them up after an election, but a rule forbidding them altogether is likely not permissible.
Blanket prohibitions on satellite dishes
Do you want to install a satellite dish for television service? A rule from your HOA that flatly forbids it is likely unenforceable. Federal rules protect your right to install a satellite dish that is one meter or smaller.
Your HOA can set reasonable rules for where you place a satellite dish, such as requiring it to be in a less obvious location. However, this rule is not enforceable if it weakens your signal, causes major delays in installation or makes it much more expensive to install.
Covenants that discriminate
Any HOA rule that discriminates against individuals based on race, color, religion, sex, disability, familial status or national origin is illegal and unenforceable. The federal Fair Housing Act protects this right.
An example would be a rule that restricts children from using a community pool during certain hours, as this could be seen as discrimination based on familial status. These rules violate fundamental rights and are invalid from the start.
Rules applied retroactively
An HOA generally cannot enforce a newly created rule against a feature of your home that was compliant before the rule existed.
For instance, you installed a specific type of fence that the HOA approved at the time. They usually cannot force you to tear it down years later because a new rule banned that style. Your right to keep the fence would likely be considered a vested property right that the HOA cannot infringe upon retroactively.
Protecting your property rights
Navigating a dispute with your HOA requires a careful review of your community’s governing documents and an understanding of state and federal laws. If you believe your HOA is enforcing an invalid rule, documenting your communications and the specific covenants in question is a critical step.
An unfair rule can affect not only your enjoyment of your home but also its future value. To understand your specific options and obligations, you might consider speaking with a real estate attorney.
