They violate special protections for servicemembersĪ rule doesn’t have to be explicitly or even intentionally discriminatory for it to run afoul of the FHA.They try to ban satellite dishes or antennas.They try to ban homeowners from flying the U.S.They are discriminatory under the Fair Housing Act.These laws make HOA rules unenforceable if: This is the case when a rule violates one of a handful of federal laws. There are a few instances where rules are completely unenforceable no matter which state you live in. ![]() While federal laws apply to HOAs everywhere, state laws - although they apply only to specific states - tend to be more restrictive about what HOAs can and cannot prohibit. Those rules are presumed to be enforceable unless there is a good reason for them not to be.Īn HOA rule is unenforceable if it goes against a specific federal or state law. When you live in a community governed by an HOA, you enter into a contract that binds you to its rules. ![]() Unfortunately, that doesn’t mean they are necessarily unenforceable.
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