HOA rights are important for any homeowner in association living. As homeowner and condo associations become increasingly popular, homeowners should know some of the more obscure rights that they hold. Here are 7 HOA rights you probably didn’t know you had:
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You can question HOA fees
As a homeowner, you can question a sudden hike in your monthly HOA fees. Your HOA board is ultimately accountable to its residents, and you may be able to lower an unfairly high fee or special assessment. Always remember to consult your HOA’s governing documents before going to your HOA board. These documents generally outline correct fee procedures and may even legislate a hard cap on annual fee increase.
Fees can be a delicate issue, and your board likely has a substantial reason for any rise in monthly cost. You have the full right to know the reasons for any increase but may need to tread lightly while approaching the subject.
If homeowners and board members cannot reach an adequate resolution, the homeowner’s last resort should be formal legal action. If your HOA has violated a federal law, state law, or their own governing documents, you should contact a lawyer, but continue to pay all fees and assessments.
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You can fly the flag—always
HOAs are prohibited from preventing homeowners from flying the American flag. The Freedom to Display the American Flag Act of 2005 guarantees this right—and your HOA can’t take it away from you. However, some HOAs may have guidelines on the location and height of your flagpole.
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You can access HOA documents and financial reports
Your association’s documents, including those detailing budgets and expenditures, are fully available upon request. You may need to inform your HOA board with a written notice. Here are some of the documents you can find:
- Annual Budget Report
- HOA Membership List
- Governing Documents
- Vendor Contracts
- Tax Returns
- Reserves Summary
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You can fight discrimination
For the most part, HOAs and Condo Associations remain some of the most inclusive communities in the United States. If you find that your HOA is implemented discriminatory laws or outdated practices, however, you have the right to spearhead change in your neighborhood.
State and Federal laws prohibit discrimination based on race, ethnicity, gender or family status. Thankfully, these laws not only apply to HOA rules that are discriminatory in nature, but also those that unintentionally create a disparaging atmosphere. For example, rules that affect only a certain portion of the neighborhood may be discriminatory, even if it wasn’t written to be.
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You have the right to the Fair Housing Act
Homeowners with disabilities have the right to reasonable accommodations under the Fair Housing Act. While the HOA can ask for verification documentation, homeowners with service animals may access any common area they choose, regardless of pet rules.
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You have the right to install satellite dishes and solar panels
The federal Telecommunications Act of 1996 and the FTC’s Over-the-Air Reception Devices Rule allow homeowners to install satellite dishes and solar panels on their property. HOA boards are not able to block the building of these installations.
While satellite dishes are becoming less and less popular, the increasing interest in clean energy may prompt some homeowners to invest in solar power. It’s nice to know that you have the rights to do what you want on your roof.
Your HOA could benefit from an HOA management company. From securing resident’s HOA rights to protecting property value, Ardent Residential continues to provide exceptional service to associations across the United States. Contact us at www.MyArdent.com to learn more about how we can help your community thrive.
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