HOA Laws & Regulations

Last Updated: November 26, 2025 by Corrin Swintosky

Understanding homeowners’ association (HOA) laws can feel like balancing on a tightrope. One small mistake, and you could be facing disputes, fines, or restrictions you weren’t aware of. While each homeowners’ association operates under its own governing documents, state and federal laws also regulate them. 

Learning how both the HOA-specific rules and broader legal guidelines coexist is a must for any homeowner, especially if you’re planning to list a rental property. 

In this guide, we’ll examine HOA laws at the national and local levels, the powers these associations usually have, and practical steps you can take to defend your rights as a property owner. Here’s everything you need to know to avoid fines, stay compliant, and protect your interests within a homeowners association. 

Who Regulates HOAs?

As mentioned, local, state, and federal authorities regulate HOAs. The board of directors and property owners also oversee it. Here’s what you need to know: 

Local and state laws: These jurisdictions mandate the creation and termination of HOAs, as well as the manner in which they operate. 

Federal guidelines: Some national laws apply to all organizations across the country, including the following:

• Americans with Disabilities Act (ADA): HOAs can’t deny applicants solely based on a disability, and they must reasonably accommodate the resident’s condition (Americans with Disabilities Act).
• Fair Housing Act (FHA): The organization can’t discriminate against or deny community members based on federally-protected characteristics, including race, color, national origin, religion, or sex (Fair Housing Act).
• Code of Federal Regulations (CFR): These private entities must comply with the CFR’s rules regarding housing discrimination, accessibility, and financial practices (Code of Federal Regulations). 
• Fair Credit Reporting Act (FCRA): HOA must obtain written consent from applicants before conducting credit checks, and they must inform applicants they deny based on credit history (Fair Credit Reporting Act).

These laws apply to HOAs in the same way they apply to landlords and property managers. 

In addition to these legal mandates, the association’s governing documents also regulate HOAs. Each one sets its own rules and policies within the guardrails of state and federal laws. These documents typically include: 

• Articles of Incorporation
• Bylaws
• Declaration of Covenants
• Conditions and Restrictions

While all organizations have governing documents, the rules and regulations vary. 

How to Find HOA Regulations

There are a few ways homeowners can look up their HOA’s regulations. You can usually obtain the documents by checking with the following resources: 

• Directly from the HOA
• County recorder, deed, or clerk’s office where the property is located
• Your local Secretary of State’s website or office 

Keep in mind: As a member of the public, you may need to pay a fee or fill out a record request form to obtain these documents. However, members of the organization typically don’t have to pay any fees when they request their HOA’s governing documents or financial statements. 

HOA Powers

While the specific scope of what an HOA can do varies, they generally have the power to:

• Maintain and repair common elements.
• Impose fines for the care of common areas.
• Collect payments for common assessments.
• Levy reasonable fines when members violate the rules.
• Restrict access to common areas.
• Foreclose on a home if the owner fails to pay liens.

You can find your organization’s specific responsibilities and authorities in the governing documents. These could include anything from specifying an approved exterior paint color to setting specific parking and landscaping policies. 

Next, we’ll answer some frequently asked questions about what HOAs can and can’t do. 

Can an HOA impose fines on a homeowner?

Whether you’re overdue on a payment or you violated a rule, HOAs have the power to enforce their community regulations. But how they do it differs depending on where your property is located. However, most states authorize HOAs to charge fines and late payment fees, including: 

• Florida (Fla. Stat. § 720.305, Fla. Stat. § 720.3085)
• North Carolina (N.C. Gen. Stat. § 47F-3-102, N.C. Gen. Stat. § 47F-3-107)
• Georgia (Ga. Code § 44-3-232) 

Some jurisdictions, including Utah (Utah Code § 57-8a-208) and Texas (Tex. Prop. Code § 209.006), also require HOAs to notify the member and allow them to respond before charging fines or fees. 

In states that allow it, the HOA’s governing documents outline the type of fine, the amount, and the notice requirements. However, an HOA usually can’t prohibit or fine homeowners for:

• Installing satellite dishes or antennas
• Having solar panels
• Displaying the American flag

Many states also prohibit HOAs from restricting or fining homeowners for displaying political signs, state flags, or military branch flags, including: 

• Arizona (Ariz. Rev. Stat. § 33-1808).
• North Carolina (N.C. Gen. Stat. § 47C-3-121).
• Nevada (Nev. Rev. Stat. § 116-320), (Nev. Rev. Stat. § 116-325).

In these cases, the governing documents outline specific information regarding the display, placement, and manner of any of these items.

How Homeowners Can Challenge an HOA Fine in 3 Steps

If an HOA charges you a penalty that goes against your state or local law, here’s what you can do: 

1. Cite the specific legal statute. 
2. Prove the HOA didn’t follow the legal procedure (if applicable to your situation).
3. Formally request the association to rescind the fine.

If the association ignores your request or fails to act, escalate the issue to the appropriate local authority, such as the attorney general or the court. Find an in-depth walkthrough of the entire process near the end of this article. 

Can an HOA take a homeowner’s house?

Most states don’t allow HOAs to foreclose homeowners if they fail to pay an assessment, but some do, including: 

• Tennessee (Tenn. Code § 66-27-415)
• Colorado (Colo. Rev. Stat. § 38-33.3-316)
• Virginia (Va. Code § 55.1-1833) 

Once the HOA files a lien, it can pursue foreclosure to recover the delinquent amount. 

Did you know? Certain states, like Florida (Fla. Stat. § 720.3085) and Nevada (Nev. Rev. Stat. § 116.310312), explicitly permit HOAs to evict tenants. If your state law doesn’t mention this, HOAs can dictate their own eviction proceedings in their governing documents. 

Can an HOA enter a homeowner’s property?

In most cases, HOAs can enter your property only in emergencies or to repair issues affecting common areas or neighboring units.

While they don’t have to follow the state’s right-to-entry laws, HOAs must give property owners reasonable notice before entering a home for repairs. Each association sets its own policies for notifying homeowners in its governing documents. Some associations set different notice requirements depending on the reason for entering the property. 

However, they usually don’t need to notify community residents before entering common areas, such as pools, fitness centers, or lobbies.

Where do homeowners file complaints against their HOA?

Not all types of complaints are handled by the same authority. To determine the correct entity for your complaint, first consider the nature of the issue. Here are a few examples of where to report common complaints: 

HOA fees: You can consult your state’s appropriate agency, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Homeowners can also file their claim in state or federal court within 1 year of the violation (Fair Debt Collection Practices Act).

Housing discrimination: Property owners can report their HOA to their state’s human or civil rights agency or to the U.S. Department of Housing and Urban Development. They can also file a private lawsuit in state or federal court.

Outside of these typical issues, homeowners with any other complaints can initiate a claim in their local county court. 

HOA Laws to Know

Here’s a recap of recent trends shaping homeowners’ association laws across the country: 

Prohibiting unreasonable HOA fines: California law limits HOA fines to $100 per violation, and prohibits late fees and interest in some instances (Cal. Civ. Code § 5850). Virginia law caps HOA fines at $50 per violation, or $10/day for up to 90 days (Va. Code § 55.1-1819D). 

Assessment increase policies: Maryland law allows HOAs to increase assessments, even if their own governing documents restrict it (Md. Code, Real Prop. §11B-117). However, HOAs in California can’t increase annual assessments for deed-restricted affordable units by more than 10% (Cal. Civ. Code § 5605).

Requiring budget transparency: Colorado requires HOAs to mail a financial summary to all owners after it adopts a budget, and they must hold a meeting where homeowners can veto it (Colo. Rev. Stat. § 38-33-303). 

Since these regulations vary by state, check your local laws to stay up to date with changing legal guidelines. If you have specific questions about your state’s policies, we recommend speaking with a trusted legal professional. 

6 Things To Do if Your HOA Doesn’t Comply with Local Laws

Sometimes, HOAs issue homeowners an illegal fine or introduce rules conflicting with your state’s laws. If this happens to you, follow these six steps to address the problem and protect your rights as a property owner. 

1. Ask For Governing Documents

The first step is to request the HOA’s CC&Rs, rules, bylaws, and acceptable policies. Most states require the HOA to comply with your request and provide it promptly. Use these to determine what the association can and can’t do, and the legal processes they’re supposed to follow. 

It’s best practice to speak with a local lawyer and review your state’s HOA laws. 

2. Request Written Justification

Next, ask your HOA to explain the fine or regulation in writing. Request it to specify the regulation you violated, or how the new rule abides by state law or its governing documents. 

3. Initiate a Dispute with the HOA Board

After requesting its written justification, escalate the issue by initiating a dispute with its board of directors. Send them a written report citing how the fine or rule conflicts with state laws or the HOA’s governing documents. 

Your report creates a paper trail, which you can use to defend yourself if the HOA holds a hearing on the issue. 

4. Contact Local Authorities 

Some states, including Colorado, Florida, and Nevada, have authorities that regulate HOAs and handle disputes. If your state doesn’t have an agency specific to HOAs, you can file a report with your local attorney general or consumer protection office. 

5. Try to Mediate the Issue When Required

North Carolina (N.C. Gen. Stat. § 7A-38.3F), Florida (Fla. Stat. § 720.311), and other jurisdictions require homeowners and HOAs to pursue an alternative solution before entering the litigation phase. In these cases, you’ll need to seek mediation or arbitration, where a neutral entity helps both parties resolve the issue. 

6. Seek Legal Help When Needed

HOAs could try to retaliate by issuing penalties and liens. If the association isn’t cooperating at any point in the process, it might be in your best interest to hire a lawyer. After a lawyer sends an official demand letter, you may be able to reach an agreement without going to court.

Taking these steps allows you to protect your rights, prevent the HOA from abusing its power, and document the dispute from start to finish. 

Joining and Leaving an HOA

Since state law usually doesn’t govern this process, HOAs specify joining and leaving clauses in their governing documents. However, the type of association defines the process. Here’s what you need to know: 

Generally, there are two types of HOAs:

• Voluntary HOAs: These associations don’t require property owners to be members or pay association dues, and members can leave at will at any time. 
• Mandatory HOAs: Property owners in the community must be members and pay the HOA’s fees. In mandatory associations, property owners can’t opt out without following the proper procedures. 

The most straightforward way to leave a mandatory HOA is to sell your home. You can also petition your local court to have your property removed from the association. However, it’s not guaranteed. 

How to Dissolve an HOA

Since most HOAs are nonprofit business entities, they tend to follow the same state laws governing the dissolution of nonprofit corporations. To legally dissolve the association, it must get approval from one or all of the following:

• The board
• HOA member majority vote
• A written statement from all members supporting the dissolution

In most cases, HOAs must dispose of all their assets and debts upon authorization of dissolution. After disposing of all required items, the HOA can complete the process by filing an Article of Dissolution with the local Secretary of State. 

We hope this article helps you better understand HOA laws. Read our research report on HOA statistics to learn more about homeowners association growth, monthly fees, and more.