Shuttestock

If you live in an HOA, listen up. They might not actually be able to enforce all of the rules in the bylaws no matter what they say. Depending on the state statues where you live, there may be state laws that overrule the rules the HOA tries to make.

If you don’t live in an HOA, you’ll be even more grateful for that after reading through this list of things HOAs try to enforce. It’s crazy when you think about what must have happened in order for states to make these laws. There had to be a court case between a homeowner and an HOA at some point where the homeowner won.

Keep reading for all the details.

Your HOA literally cannot fine you for these things — even if it’s in your CC&Rs

I’ve been going through state statutes and keep finding things HOAs try to fine people for that are specifically protected by law.

Not “probably unenforceable” — actually written into statute.

Here’s the first example.

The American flag thing is even bigger than you think

Everyone knows about the federal Flag Act. But Arizona goes way beyond that — §33-1808 protects the U.S. flag, the state flag, POW/MIA flags, the Gadsden flag, the Betsy Ross flag, AND first responder flags.

If you’re in Arizona and got fined for a thin blue line flag or a Don’t Tread on Me flag, your HOA has a problem.

Illinois also specifically protects military flags under 765 ILCS 160/1-15(c).

Get ready to put your political signs back in your yard.

Political signs — your HOA probably can’t touch them

This one causes the most fights and I keep seeing posts about it here.

Arizona gives you a 71-day window around elections where political signs are untouchable (§33-1808(C)).

Indiana protects them 30 days before through 5 days after any election (IC 32-21-13-4).

It gets even better in Washington and New Jersey.

Washington says any CC&R provision banning political signs is “void and unenforceable” retroactively back to 2005 (RCW 64.38.034).

And in New Jersey, the state Supreme Court actually struck down an HOA sign ban — Mazdabrook Commons v. Khan, 2012.

The homeowner won because the court said his right to post a political sign inside his own window outweighed the HOA’s interest in uniformity.

Why would an HOA have a problem with solar panels?

Solar panels — some states made HOA bans completely void

Oregon is the strongest here. ORS 94.778 doesn’t say solar bans are “challengeable” or “unreasonable” — it says they’re void and unenforceable. Done.

Illinois is similar — 765 ILCS 165/15 prohibits any rule that has the effect of prohibiting solar installation, and if the HOA violates it willfully, you can recover attorney fees (§165/35 and §165/40).

Colorado and Arizona also protect solar under §38-33.3-106.5 and §33-1816 respectively.

It’s crazy that there even has to be a rule about this.

The Arizona kids playing outside thing

This still blows my mind. Arizona §33-1808(E) specifically protects children playing outside on their parents’ property.

Meaning yes, some HOA somewhere tried to ban it, and it was enough of a problem that the state legislature wrote a law about it.

If you’re in Arizona and got a fine because your kids were in the yard, I’d love to read that violation notice.

Don’t stress about a foreclosure.

Your HOA probably can’t foreclose over fines alone

This is the one that actually scares people.

Minnesota just passed an amendment that explicitly says fines are NOT liens and NOT enforceable as assessments — meaning your HOA cannot foreclose over unpaid fines. Period.

Hawaii has a similar protection under §421J-10.5 — no nonjudicial foreclosure for fines, it has to go through court.

Colorado restricts it too under §38-33.3-316 combined with HB 22-1137.

If your HOA is threatening to take your house over a fine and you’re in one of these states, they’re bluffing.

But this is not a definitive list.

The stuff that’s protected everywhere

Federal law handles a few things regardless of state. Satellite dishes under 1 meter — FCC OTARD rule, your HOA can’t touch it. Ham radio antennas — FCC PRB-1, same deal. These override any CC&R on the planet.

The thing that keeps surprising me is how many people pay fines for stuff their HOA has zero legal authority to fine them for. CC&Rs are not the final word. When state law says your HOA can’t do something, it doesn’t matter what your governing documents say.

If your state isn’t listed for something specific, it doesn’t mean you’re unprotected — just means I haven’t dug into it yet. Drop your state and situation in the comments and I’ll see what I can find.

Some of these laws really are crazy, like the one in Arizona about kids playing in the yard. If HOAs weren’t so horrible, laws like that wouldn’t be necessary.

Let’s see how Reddit responded.

It’s sad to think an HOA would try to fine someone over this.

A ham radio operator weighs in.

Here’s some praise for what OP’s doing.

If you enjoyed this story, check out this post about a man who stops helping his neighbors out with his snowplow after they complain about his farm.

Arizona did seem to show up on this list a lot!

I assume the reason states like Arizona showed up on this list a lot while many other states weren’t on it at all had to do with which states OP looked at. He was clear that he hasn’t dug into the state statutes for every state yet.

It’s crazy what HOAs try to get away with!

Knowledge is power, and knowing that the HOA doesn’t have as much power as they think is almost like a superpower.