11 Things Your HOA Might Not Have The Legal Power To Stop You From Doing, Depending On Your State And The Rules Governing Your Neighborhood

Few things stir up a neighborhood like a letter from the homeowners association. One day you hang a flag or order a satellite dish, and the next you are reading a warning about the rules.

A quiet residential street lined with large leafy trees and houses on a sunny day.

Here is the good news. Some rules do not hold up, because federal or state law steps in and limits what an HOA can ban. Which ones apply to you depends on your state and on the documents your neighborhood signed.

To show how this works, the list below leans on a guide from the Colorado General Assembly on homeowner rights under that state’s common interest ownership law, plus a federal rule from the FCC. That adds up to 11 things an HOA may not be able to stop. Colorado is one example. Your state may be stricter, looser or silent, so always check your own state’s statutes and your governing documents.

The Satellite Dish Rule That Beats Many HOA Bans

The FCC’s “over-the-air reception devices” rule, known as OTARD, protects certain antennas and dishes. According to the FCC’s consumer guide on installing antennas and satellite dishes, it covers satellite dishes one meter (39.37 inches) or smaller, and any size in Alaska.

The rule is not unlimited. The FCC says protections do not reach common areas owned by an association, such as roofs or exterior walls, and reasonable safety rules are still allowed. Rules that prevent or delay installation, including most pre-installation approval requirements, are generally not allowed under the FCC’s guide.

Flying Old Glory And A Service Star Flag In Colorado

The Colorado General Assembly’s guide says an HOA cannot stop an owner from displaying the American flag on the owner’s property, in a unit window, or on an adjoining balcony, as long as the display follows the federal flag code.

The same law protects a service flag with a star for military service during a war or armed conflict. That one goes on the inside of a unit window or door.

Political Signs During Election Season

Yard sign season can get heated. Under the Colorado guide, an owner may display a political sign on the unit’s property or in a window during an election season.

Notice the wording. The protection is tied to the election season, so a sign that stays up all year may be treated differently. Other states set their own timing rules, so look up yours.

Clearing Brush To Protect Your Home From Wildfire

In Colorado, the guide says an HOA cannot prohibit removing trees, shrubs or other vegetation to create defensible space around a home. The association may require notice first, and the removal must follow a qualifying written plan.

That is a big deal for anyone living near wildland. A neat hedge is nice, but a fire break matters more.

Swapping A Wood Shake Roof For A Safer Material

The same Colorado guide says an owner may replace a roof with less flammable materials, even when the HOA’s standards call for cedar shakes. It cites section 38-33.3-106.5(2) of the Colorado statutes.

So if your neighborhood rulebook still calls for a look that burns easily, state law may side with you. Again, this is Colorado’s rule, and yours may differ.

Reasonable Changes For A Disability

The Colorado guide says an HOA cannot block reasonable modifications needed for a person with disabilities to fully use and enjoy the unit, under the federal Fair Housing Act. Think of a ramp or a grab bar.

The key words are “reasonable” and “needed.” A real need is what the law protects, not simple preference.

A Drought-Friendly Yard Instead Of A Thirsty Lawn

Colorado law, as summarized in the legislature’s guide, protects xeriscape and drought-tolerant ground cover on an owner’s property. That means rocks, hardy plants and low-water landscaping.

There is a catch. The guide says HOAs may still adopt guidelines that regulate the type, number and placement of these plantings and hardscapes. You can skip the sprinklers, but you may still need to follow design guidelines.

Catching Rain In A Barrel

Rain barrels are also on the Colorado list. The guide cites section 38-33.3-106.5(1)(j) as the place where an HOA is barred from prohibiting them.

It is a small thing, but a barrel by the downspout can water your garden for free. Check your state before you buy one, since this protection is not universal.

Putting Solar Panels On The Roof

According to the Colorado guide, an HOA cannot prohibit renewable energy generation devices, such as solar panels or residential-scale windmills. The statute cited is section 38-33.3-106.5(1.5).

Many states have solar access laws of their own, but the details vary a lot. Ask your state consumer or energy office what applies where you live.

Energy Savers Like Awnings, Shutters And Clotheslines

Colorado’s guide says an HOA must allow, subject to reasonable restrictions, energy efficiency measures. The list includes awnings, shutters, trellises, shade structures, garage or attic fans, evaporative coolers, efficient outdoor lighting and retractable clotheslines, under section 38-33.3-106.7.

Notice the phrase “subject to reasonable restrictions.” The board can still have a say about how and where, so expect some rules on appearance.

Plugging In An Electric Vehicle Charger

Finally, the guide says a Colorado HOA cannot unreasonably restrict an owner from installing a standard EV charging system at the owner’s expense for personal use. The HOA also cannot charge a fee for the installation beyond passing along increased electricity costs or a reasonable access fee.

That is section 38-33.3-106.8, if you want to look it up.

Before you fight a letter, start with your governing documents, then look up your state’s laws on homeowners associations. Many state legislatures post plain-language guides like the Colorado one.

If a letter arrives and you think the rule is not enforceable, ask the board to point to the exact section. A short, polite note often settles things. For anything bigger, talk to a lawyer in your state, because this article is general information and not legal advice.

Willow and Hearth