What HOAs Can and Cannot Legally Do (2026 Overview)

Fine caps exist in several states, and many homeowners don't know to look for them.

Florida is the clearest: Fla. Stat. § 720.305(2)(b) caps HOA fines at $100 per violation per day, with a maximum aggregate of $1,000 per violation — regardless of how long the board claims the violation has been ongoing. Florida also requires fines to be approved by a committee of non-board-member volunteers, not the board itself.

California does not cap the fine amount itself, but Cal. Civ. Code § 5855 requires a notice-and-hearing process, and any fine imposed without following that process is potentially void. Courts in California have also held that fines must be reasonable and proportionate under the business judgment rule.

Texas (Tex. Prop. Code § 202.004) allows courts to award homeowners reasonable attorney's fees if a court finds that an HOA restriction was unreasonably enforced.

Nevada caps fines at $100 per day for the same ongoing violation under NRS 116.31031.

If your state isn't listed, check your CC&Rs — many associations include their own fine schedules, and those schedules cap liability regardless of what the board wants to charge.

Generally, no — and certainly not your home's interior. HOA inspection rights are limited to common areas and, in some cases, the exterior of your unit. The board does not have the right to walk through your backyard whenever they feel like it.

In California, Cal. Civ. Code § 4900 gives the association the right to enter a unit in an emergency (fire, flood, structural failure) or after reasonable notice for inspections and repairs of common area components. Notice requirements for non-emergency entry are typically 24 to 48 hours.

In Florida, Fla. Stat. § 720.304(2) addresses inspection rights for the exterior of the property and common elements. Condominium rules (Fla. Stat. § 718.111) are more restrictive about unit entry.

If an HOA board member walks onto your private property unannounced to conduct an inspection, that is potentially trespassing. A cease-and-desist letter citing your state's entry-notice statute is usually enough to stop this.

HOAs have broad architectural authority — paint colors, fences, roofing materials, additions, sheds, and driveways are all routinely regulated. But that authority has limits that many boards ignore.

In Texas, Tex. Prop. Code § 209.00505 requires architectural review committees to act on modification requests within 30 days of receiving a complete application. If the ARC doesn't respond, the modification is deemed approved by operation of law. Boards that send back applications repeatedly as 'incomplete' to avoid the 30-day clock are acting improperly.

In California, Cal. Civ. Code § 4765 requires that architectural restrictions be applied uniformly and that any denial include the specific provision violated. A denial letter that just says 'we don't like it' is not a valid denial.

For condominiums and some planned communities across multiple states, the 'reasonableness' standard applies: architectural rules must be reasonable in scope, consistently applied, and not designed to harass individual homeowners.

Several categories of rules are flatly preempted by federal law — meaning your HOA cannot enforce them even if they're in your CC&Rs.

Satellites and antennas: The FCC's Over-the-Air Reception Devices (OTARD) rule, 47 C.F.R. § 1.4000, prohibits HOAs from restricting the installation of satellite dishes up to one meter in diameter on property the homeowner owns or has exclusive use of (a balcony, a backyard, a roof area). The HOA can require reasonable placement for aesthetics but cannot ban them outright or require pre-approval that amounts to a de facto ban.

The American flag: The Freedom to Display the American Flag Act (P.L. 109-243) prohibits HOAs from restricting the display of the U.S. flag on a member's property or within a member's unit. HOAs can set reasonable time, place, and manner restrictions (e.g., no flags on common-area structures) but cannot ban flag display on residential property.

Solar panels: Multiple states — including California (Cal. Civ. Code § 714), Texas (Tex. Prop. Code § 202.010), Arizona (A.R.S. § 33-1816), Colorado (C.R.S. § 38-30-168), Oregon (Or. Rev. Stat. § 105.880), and Washington (RCW 64.38.055) — have solar access laws that void CC&R provisions that effectively prohibit or significantly increase the cost of solar energy systems.

Service animals and ESAs: The Fair Housing Act (42 U.S.C. § 3604) requires HOAs to make reasonable accommodations for service animals and emotional support animals regardless of pet restrictions in the CC&Rs. Refusing a reasonable accommodation request is a federal Fair Housing violation.

HOA foreclosure is real but heavily regulated in most states, and courts have increasingly scrutinized HOAs that foreclose over small assessment amounts.

Florida prohibits HOA foreclosure over fines alone — the HOA can lien for unpaid fines but cannot foreclose solely on a fine lien under Fla. Stat. § 720.3085(2). Foreclosure requires unpaid assessments, not just fines.

In California, an HOA cannot record a lien for unpaid assessments of less than $1,800 or that are fewer than 12 months delinquent under Cal. Civ. Code § 5720. The HOA must also provide 30 days written pre-lien notice under Cal. Civ. Code § 5660.

In Texas, the Texas Residential Property Owners Protection Act (Tex. Prop. Code § 209.009) requires that the unpaid amount be at least $2,000 (excluding attorney's fees) before a foreclosure sale can occur.

Nevada requires HOA liens to exceed $2,000 before foreclosure can proceed under NRS 116.3116.

If your HOA has threatened foreclosure over a disputed fine under the threshold amount in your state, that threat is likely legally invalid.

The Fair Housing Act (42 U.S.C. §§ 3601-3619) applies to HOAs. An HOA that enforces rules selectively against members of a protected class — race, color, national origin, religion, sex, familial status, or disability — is violating federal law. This is true even if the underlying rule is legitimate.

Discriminatory enforcement does not require a smoking-gun admission. Courts look at patterns: Are violations cited more frequently in some parts of the community than others? Does the board consistently give extensions to some homeowners but not others? Are architectural requests approved for some owners and denied for similar requests from others?

The Texas Fair Housing Act (Tex. Prop. Code § 301.001 et seq.) and California's Fair Employment and Housing Act (Gov. Code § 12955) add state-level protected classes beyond the federal baseline.

If you believe your HOA is singling you out based on a protected characteristic, file a complaint with the U.S. Department of Housing and Urban Development (HUD) at hud.gov. The filing is free, and HUD investigates.

The clearest signal that a board has overstepped is when it acts outside the authority granted by the CC&Rs or in violation of state statute. This is different from a rule you disagree with — a rule you disagree with but that is properly adopted is enforceable. A rule the board invented without homeowner approval, or one that contradicts state law, is not.

Your first move is always a written objection citing the specific statute or CC&R provision the board violated. Many boards back down quickly when they realize a homeowner knows the law.

If the board does not respond or escalates, most states provide an administrative complaint mechanism. Florida has the Department of Business and Professional Regulation's arbitration program. California has the Common Interest Development Dispute Resolution Program under Cal. Civ. Code § 5925. Colorado has a mandatory mediation process before litigation.

For systemic board misconduct — self-dealing, financial irregularities, repeated procedural violations — most states allow homeowners to force a special meeting and vote to remove board members. California requires 5% of members to call a special meeting under Cal. Civ. Code § 4920; Florida requires 10% under Fla. Stat. § 720.303.