Unenforceable HOA Rules: Your Simple Guide

If you live in an association, you have probably seen a letter that felt off. The good news is many unenforceable HOA rules do not hold up once you compare them to federal law, state statutes, and the HOA’s own documents. Below is a fast, plain English guide plus how our team handles the paperwork so your sale leaseback or investment stays on track.

Quick test: is this rule enforceable?

A rule is on thin ice if it:

• Conflicts with federal law like the U.S. flag act, FCC OTARD, or Fair Housing accommodations
  
  
• Violates state statutes on solar, political signs, or similar homeowner rights
  
  
• Conflicts with the HOA’s CC&Rs, bylaws, or rules, or skipped required notice
  
  
• Is arbitrary or discriminatory, including rules that target families with kids or mishandle disability needs
  
  

Federal rights your HOA can’t override

U.S. flag: regulate how, not whether

Respectful displays on property you control are protected by the Freedom to Display the American Flag Act. HOAs can set reasonable size, placement, and safety rules—no blanket bans.
More info here: Text - H.R.42 - 109th Congress (2005-2006): Freedom to Display the American Flag Act of 2005

Antennas & satellite dishes (OTARD): no “impairment”

The FCC’s OTARD rule protects certain antennas and small satellite dishes in areas you exclusively control (balcony, patio). HOAs may adopt safety/placement standards, but not rules that impair installation, maintenance, or use.
Over-the-Air Reception Devices Rule | Federal Communications Commission

Installing Consumer-Owned Antennas and Satellite Dishes | Federal Communications Commission

Assistance animals & Fair Housing: “no-pets” ≠ “no”

Under the Fair Housing Act, HOAs must consider reasonable accommodations for disabilities, including assistance animals. They can request reliable documentation when the need isn’t obvious, but can’t charge pet fees or impose pet rules that gut the accommodation.

 SPECIAL ATTENTION OF: HUD Regional and Field Office Directors of Public and Indian Housing (PIH)

Familial status: don’t single out kids

Rules that treat families with children differently (for example, “adults-only” pool hours) are often discriminatory. Safety standards should be neutral and apply to everyone.
Civil Rights Division | The Fair Housing Act

State guardrails you should know

Laws vary by state. Here are common pressure points we see most.

• Texas: Strong solar rights. HOAs can request plans and reasonable standards that do not gut performance.
  https://statutes.capitol.texas.gov/docs/PR/htm/PR.202.htm
  
  
• Florida: Renewable energy devices and clotheslines are protected with reasonable placement standards.
  https://www.leg.state.fl.us/Statutes
  
  
  
• Arizona, North Carolina, Nevada: Broad solar protections and, in many cases, political sign rights within election windows.
  33-439 - Restrictions on installation or use of solar energy devices invalid; exception
  22B-20. Deed restrictions and other agreements prohibiting solar collectors.
  https://law.justia.com/codes/nevada/chapter-116/statute-116-325
  

What HOAs can still do

Even where rights are protected, associations can adopt reasonable rules for safety, placement, and aesthetics that do not defeat the right itself. Think secure flag mounting, an antenna location that still works, or a solar layout that keeps production viable.

How to respond to an HOA overreach

1. Pull your papers. CC&Rs, bylaws, rules, ARC guidelines, and the denial letter
   
   
2. Compare to the law. Use the references above for flags, OTARD, FHA, and your state
   
   
3. Write back, clearly. Cite the statute and request approval or a reasonable alternative
   
   
4. Use accommodations when needed. Submit a focused Fair Housing accommodation request
   
   
5. Keep records. Dates, emails, photos, meeting minutes
   
   

Where we step in and make it easy

If you sell and stay as a renter or buy a home with a leaseback, we run the HOA gauntlet for you:

• Estoppels, resale certificates, and compliance letters
  
  
• Architectural submissions for solar, antennas, ramps, and accessibility
  
  
• Fair Housing accommodation requests with proper documentation
  
  
• Lease approvals and addenda that protect cash flow and fit the rules
  
  

Learn the model in our sale leaseback step-by-step guide, see the money math in seller savings explained, plan a smooth closing with as-is selling tips, consider safety nets in order to avoid foreclosure with a leaseback, and explore our investor tools in full-service investor offering.

Bottom line

Most scary letters are just unenforceable HOA rules in formal language. There is usually a clean, legal path to yes. If you want us to run the play and handle the paperwork, we are ready.

Need help with today? Talk to an advisor