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Are there any unenforceable HOA laws?

On Behalf of | Feb 8, 2023 | HOA Law |

Homeowners Associations (HOAs) develop certain guidelines and rules in an attempt to keep neighborhoods safe, orderly and presentable.

However, there are certain guidelines that an HOA must follow when establishing rules, as some rules are unenforceable even by HOAs.

Have offenses clearly listed

Realtor discusses some of the parameters that HOAs have to stick with when enforcing rules. First, any HOA handbook needs to come with fines. The rules of a neighborhood will often get covered in the Declaration of Covenants, Conditions, and Restrictions of an HOA handbook. This is where fined violations should exist. If a homeowner gets a citation and fine but their supposed violation is not listed here, they can dispute it.

Allowing native plants

Next, know that the growth of native plants enjoys protection under Texas state law. HOAs cannot prevent a person from planting native plants on their property, as they offer numerous benefits like supporting wildlife and other environmental support. Regardless of other landscaping rules, native plants will always have an exemption.

Allowing satellite use

Federal law also allows for the use of satellites for television. This law will supersede any HOA rules even when listed appropriately in the handbook. Despite the dwindling popularity of satellite television and its impact on curb appeal, homeowners still have the right to install satellites because of this law.

By paying attention to any relevant statutes and laws in the city and state, it is possible to create HOA guidelines that abide by the law while also ensuring maximum safety and protection for the residents.