The HOA Has a Lot of Power
The Home Owner’s Association (HOA) plays a big role in American housing, and some people have accused it of overreach in the past. It’s true that HOAs seem to dictate an awful lot about what you can and can’t do with your house, leading some people to seek non-HOA housing. Here’s a list of 8 things a HOA can control and 8 things it can’t.
Can Control: Exterior Paint Colors
Bad news if you want to paint your house hot pink… the HOA has strict rules about that. Homeowners need to choose an approved color for the exterior of their house, and if they disobey the rules, the HOA can make them repaint it. They can also make them pay a fine.
Can’t Control: Interior Paint Colors
On the inside of your house, though, you can go as wild as you like. The HOA rules don’t apply to what happens on the inside, just the outside. You can change the colors, the floors, the furniture – anything you please as long as it doesn’t affect the outside appearance.
Can Control: Garden Landscaping
The HOA can dictate all sorts of things about your garden, including how often you weed, mow, and trim your trees. They can also control what kinds of plants are in the garden, even! It’s no wonder that keen gardeners avoid HOAs, as they find the rules incredibly stifling.
Can’t Control: Firearms
Owning a firearm is something protected by US Constitution, so HOAs can’t do anything about it if you have a lot of guns. They can certainly stop you discharging guns in the neighborhood, but you shouldn’t be doing that anyway.
Can Control: Fencing
If you wanted a different fence to your neighbors, you’re really out of luck if you have a HOA. Fences are supposed to be exactly the same – and HOAs will tell you this is because it looks nicer, though some might disagree. Fencing plans have to be submitted to the HOA in advance so they can check them.
Can’t Control: Pets
HOAs can set limits on the amount of pets you have, but they can’t actually stop you having a pet. If you have an emotional support animal, you should have nothing to worry about. And this is a good thing, because Americans love their pets.
Can Control: Holiday Decorations
Bad luck if you’re one of those people who like to go way over the top to decorate for Christmas. The HOA will step in if you have too many lights or giant inflatables dotted around. You also have to take everything down after a certain deadline.
Can’t Control: What You Say
Freedom of speech is one of the biggest founding principles of America, and even the most aggressive HOA imaginable can’t override that. You’re allowed to say what you want both inside and outside your home. Yep, that includes swearing as well!
Can Control: Noise Levels
One things HOAs are very devoted to is peace and quiet. They can warn you or even fine you for playing loud music, having a loud party, or even having a barking dog. Some people like this, and some people absolutely hate it.
Can’t Control: Home-Based Businesses
The HOA can’t stop you if you want to run a business from your home. If your business is quiet, non-disruptive, and doesn’t increase foot traffic, no-one can raise any issue – so go ahead and do it.
Can Control: Short Term Rentals
Bad news if you wanted to rent out your HOA property as an AirBnb… you can’t do that. HOAs say it’s to minimize traffic and noise in the area. To be fair, some neighborhood residents tend to approve of this one, as they don’t know who might rent the property or how loud they’re likely to be.
Can’t Control: Utility Services
Some people worry that they have to get their gas and electricity from a HOA-approved supplier, but they don’t. You can choose whatever supplier you want! As far as the HOA’s reach extends, it doesn’t go quite that far.
Can Control: Parking
Some HOA communities go as far as to prohibit parking overnight, while some others fall short of that but still have strict rules. It’s worth pointing out, though, that the fewer vehicles on the street, the easier an ambulance will find it if there’s an emergency.
Can’t Control: Emergency Repairs
If a pipe bursts or your roof gets damaged, the HOA have no say over how it gets fixed and by whom. Safety rules trump the strict rules of the HOA – as long as you’re not violating any building codes, that is. If a member of the HOA complains, they won’t have a leg to stand on.
Can Control: Architectural Changes
You can do whatever you want to the interior design of your house, but you can’t change the outside. You have to ask permission before you put in new windows or build an extra room. So bad news if you wanted to create a Gothic masterpiece in the middle of your modern HOA neighborhood.
Can’t Control: Religion, Lifestyle and Belief
Some people believe that HOAs will fight to keep racial, religious, and sexual minorities out of their neighborhood. Luckily, the rules of the country protect you, and HOAs aren’t allowed to do that. If they complain about people celebrating their own religious holidays, for example, they could well find themselves in violation of civil rights law.
