5 Unenforceable HOA Rules in Georgia

5 Unenforceable HOA Rules in Georgia

If you've ever driven past a nice-looking neighborhood, then it's likely that an HOA is responsible. HOAs hold homeowners responsible for their homes and yards. In turn, you can expect the board members to invest in the upkeep of public spaces like sidewalks and parks.

However, not all HOAs are made up of good people. Some will try to manage their neighborhoods with unenforceable HOA rules that extend past their reach. In some cases, their demands would go against the law.

Here are five of those HOA violations to keep an eye out for in your neighborhood.

1. Discriminatory Policies

The first violation you'll see is discriminatory policies. Some examples of this include charging certain household sizes more per month to join the HOA or discriminating based on gender. The Fair Housing Act strictly prohibits this kind of behavior from HOAs.

If an HOA feels like a homeowner isn't giving the kind of effort they expect from everyone, it's best for them to let an association management group handle the issue.

2. Freedom of Speech

A homeowners association is also prohibited from getting in the way of a homeowner's freedom of speech. This includes religious expression as well as political or patriotic displays.

Even if someone's neighbors disagree with the political signs on their yard, they can't legally do anything about it. Neither can the HOA unless the signs are somehow disturbing the peace or placed on public property.

3. Banning Gun Ownership

Gun ownership is another area that HOA regulations can't touch. As long as the firearms are inside of a person's house and legally obtained, there isn't a problem. However, your HOA rules may place restrictions on carrying guns out in the open or using them in the neighborhood.

4. Limits on Visitors

One area HOAs have jurisdiction over is where people are allowed to park and how many cars are allowed to park on the street. However, they can't dictate how many visitors you have as long as no rules are broken. If your gathering doesn't create excessive noise, then you're fine.

5. Banning Solar Panels

Not everyone likes how solar panels look. It can prove especially problematic if an HOA tries to hold every property to the same standard but can't because some have panels while others don't.

However, your HOA cannot ban or restrict solar panel installation as long as it meets certain reasonable requirements. An HOA management service can help figure out if these panels violate the rules in some way.

Stay Away From These Unenforceable HOA Rules

Whether you're an HOA board member or a homeowner, it's important to know about unenforceable HOA rules. They can help you avoid lawsuits or even hold your local board responsible for their actions. It better protects your rights and the rights of your neighbors.

PMI Peachstate provides association management services that you can trust in the surrounding McDonough area. We also offer homeowners and real estate services for those in need. Contact us for more information and to tell us about your situation.