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Which HOA Restrictions are Unenforceable?

HOA Restrictions

HOA covenants and restrictions can help property values, and the majority of homeowners will appreciate that rules deter behaviors that can make life more unpleasant. A homeowner’s association has a difficult task when creating rules for their community. Some rules could be unenforceable because other laws exist that trump the HOA rules. When creating rules for the HOA, here are some HOA restrictions that are unenforceable.

Unenforceable HOA Restrictions

The HOA board has to look at existing laws in their state, locale, and even the nation when creating rules.

  • Rules that can be interpreted as discriminatory are unenforceable. The HOA should not create rules that give preference according to sex, race, religion, or sexual preference per fair housing laws.
  • Rules can’t go against fair housing laws already in existence.
  • The rules can’t be interpreted as unreasonable.
  • They cannot infringe on constitutional rights.
  • They must fall within state statutes that regulate HOAs.

The benefit of Some Unenforceable HOA Restrictions

Some HOA restrictions are unenforceable simply because the HOA does not have the manpower or ability to enforce them. Some of these rules might be regarding having overnight guests or allowing a certain number of cars per unit. However, just by creating the rule, it could still deter the behavior by the majority of tenants.

With proper knowledge of laws and rights, HOA covenants can be useful and make the quality of life for the community better. Be sure to be aware of these conflicts when creating rules for your community.