There are many rights of homeowners in an HOA. Everyone in the community must understand what these rights are. In doing so, board members can avoid potential liability, and homeowners can ensure their rights are upheld and protected.
Protecting the Rights of Homeowners in an HOA
Protecting the rights of homeowners in an HOA is crucial for several reasons. It maintains fairness and equity within the community. When homeowners’ rights are respected, the board can implement the rules uniformly and consistently. This reduces favoritism and promotes trust within the association. In turn, these things foster a harmonious environment for residents.
Additionally, protecting homeowner rights prevents board members from abusing their power. These internal controls will keep the board from making arbitrary decisions. These decisions can lead to conflicts and disputes, ultimately affecting the peace within the neighborhood.
Moreover, homeowners are more likely to actively engage in community affairs when they know their rights are secure. Protecting homeowners’ rights also ensures transparency and accountability.
On the part of the HOA, protecting the rights of homeowners can reduce legal disputes. It can prevent lawsuits, which can be time-consuming and expensive for all parties involved.
What are the Rights of a Homeowner Association Member?
Here are the rights of homeowners in an HOA.
1. Right to Attend Open Board Meetings
Homeowners have a right to attend open board meetings. This lets homeowners see how the board engages in discussions and makes decisions. Many board meetings also include an open forum portion. This is when owners can voice their concerns and opinions.
Of course, board members must discuss some sensitive or confidential issues in private. Such issues include ongoing litigation, delinquent homeowners, and personnel records. For these issues, the HOA board can adjourn to an executive session, otherwise known as a closed board meeting. Homeowners do not have the right to attend executive sessions unless they receive an invitation.
2. Right to Attend Annual Meetings
In addition to board meetings, homeowners also have a right to attend annual membership meetings. Most HOAs are required to hold an annual meeting of all homeowners. At this meeting, the HOA board presents the budget and discusses the plans for the year. It is also usually at this meeting that the association holds its board election.
In Florida, homeowners have a right to speak at these annual meetings. Homeowners can talk about all open discussions or the items on the agenda for at least three minutes. However, the association can implement reasonable rules regarding the open forum.
3. Right to Inspect HOA Records
Homeowners can request HOA financial reports, board meeting minutes, and governing documents, among other things. While they may need to submit a written request and pay for copying and postage, the board cannot deny access unless documents are privileged or under litigation.
4. Right to Disciplinary Hearings
Before taking disciplinary action, like imposing fines, the HOA must provide homeowners a written notice and a fair hearing. At this hearing, homeowners can present their case and any supporting evidence. The HOA board will then make a decision based on this information. Typically, homeowners also have a right to appeal the decision.
5. Right to Vote
Homeowners have a right to vote in the HOA board elections. The HOA’s governing documents, specifically the bylaws, should outline more specific voting rights and requirements. In Florida, unless the bylaws say otherwise, members have a right to vote in person or using a proxy.
6. Right to Sue
Homeowners can sue board members for overstepping their authority, unfair decisions, or selective enforcement. The Business Judgment Rule protects board members if they act in the community’s best interest. Additionally, D&O insurance may cover legal expenses.
7. Right to Peaceably Assemble
In Florida, Section 720.304 of the Florida HOA Act protects homeowners’ right to assemble peaceably. According to this section, homeowners can use common areas and recreational facilities to gather (with invited guests). However, the HOA can adopt reasonable rules regarding the use of these spaces.
8. Right to Display the U.S. Flag
According to the Freedom to Display the American Flag Act, an HOA cannot stop homeowners from displaying the U.S. flag. This is a federal law. However, HOAs can regulate the flagpole’s placement, size, and height.
Furthermore, there may be state-level laws and regulations about displaying the U.S. flag or flags in general. In Florida, in addition to the U.S. flag, homeowners can display the Florida state flag, a flag representing the U.S. Armed Forces, a POW-MIA flag, and a first responder flag.
9. Right to Display Political Signs
Depending on state laws, HOAs may or may not be able to restrict political signs. Some states impose regulations on these signs’ size, number, and display duration.
10. Right to Park in the Driveway
In Florida, Section 720.3075 protects homeowners from certain parking restrictions. According to the law, the HOA cannot prohibit homeowners (or their tenants, guests, or invitees) from parking a non-commercial motor vehicle in their driveway.
11. Right to Solar Drying
Some homeowners associations don’t allow residents to hang a clothesline. This is also known as solar drying. The reason behind the prohibition is due to its negative impact on appearance and curb appeal. However, several states have laws that protect the right to solar drying. However, associations can typically regulate the size of the clothesline.
Florida is one such state, with the Right to Dry law found under Section 163.04 of the Florida Statutes. Other states include but are not limited to Arizona, California, Colorado, Maryland, Nevada, North Carolina, Texas, and Virginia.
12. Right to Friendly Landscaping
According to Section 720.3075 of the Florida Statutes, an HOA’s governing documents cannot prohibit homeowners from planting Florida-friendly landscaping. Such landscaping is defined under Section 373.185 of the Florida Statutes.
13. Right to Install Satellites and Antennas
According to the FCC’s Over-the-Air Reception Devices Rule (OTARD), associations don’t have the power to prohibit the installation of satellite dishes and antennas. However, there are limitations to this rule, and HOAs generally can enact restrictions surrounding the placement of these devices.
14. Right to Reasonable Accommodations
Homeowners with disabilities can request reasonable accommodations under the Fair Housing Act. This includes modifications like ramps or allowing service animals in pet-restricted areas.
Understanding HOA Bylaws and CC&Rs
Homeowners associations are not all made equal. State laws and the governing documents can have a significant impact on the rights of homeowners. Therefore, homeowners and board members should refer to their bylaws and CC&Rs for clarification.
The CC&Rs contain critical information on the rights and obligations of homeowners and the HOA. Meanwhile, the bylaws cover the operations of an HOA, including elections, board duties, term limits, and voting rights.
A Better Community
There are numerous rights of homeowners in an HOA community. Homeowners should understand these rights so that they can better protect themselves. On the other hand, board members should uphold these rights to promote harmony within the association.
Freedom Community Management provides HOA management services in Florida, including assistance with sustainability planning. Call us at 904-490-8191 or contact us online to learn more!
