KENNEWICK — Nearly a third of Washington state residents live in a community association, according to research from the Community Associations Institute. In 2021, the most recent data shows, there were more than 10,000 associations in the state, with over 2.4 million people living in them.
This means homeowners associations, commonly referred to as HOAs, set rules and regulations for roughly 32% of the population, with stricter guidelines than other tenancies. Whether you own or rent in an HOA, you must follow the community governing documents, along with state and federal law.
In a specific community of homes or condos, a board of directors or other management team will enforce rules for all residents. Regulations might include property upkeep such as requiring lawns to stay trimmed and clean so the entire area looks polished, keeping property values high.
Everyone in the community agrees to the terms and pays regular dues. The board is required to maintain its duties in exchange for these dues.
Each HOA will have its own rules in place. When you agree to live in that community, you agree to the rules. Breaking HOA regulations can lead to a notice from the association and possibly a fine, especially with repeated violations.
Common regulations regard landscaping, fencing, pets and outside appearances.
If you’ve ever wondered whether your HOA can enforce certain rules, they probably can. There are only a handful of restrictions an HOA cannot enforce. No clause in an HOA agreement can negate federal, state or local law.
Federal law prohibits regulations that prevent:
- Flying of U.S. flags
- Reasonable over-the-air reception devices, like satellite dishes
Additionally, the Fair Housing Act and Americans with Disabilities Act apply in HOAs. Housing associations cannot discriminate against protected classes, similar to any other form of housing.
Other federal regulations regard bankruptcy and service members, meaning action taken against those in active duty or bankruptcy must follow specific steps.
State law prohibits regulations preventing:
- Displaying political yard signs before any primary or general election (though guidelines for placement and manner are allowed)
- Valid solar panel usage
- Drought-resistant landscaping
- Wildfire ignition resistant landscaping
- Electric vehicle charging stations
- Licensed home child care or day care center
However, the Revised Code of Washington also requires all rules be reasonable. There have been instances of lawsuits against housing communities for unreasonable rules siding with unit owners. Most commonly, these “unreasonable” clauses are rejected in court for:
- Procedurally flawed enactment (like implementing a rule without a proper voting or notice period)
- Substantive validity (like implementing a rule outside of HOA authority)
- Violation of homeowners rights or prospective homeowners rights
- Inconsistent, arbitrary or capricious enforcement
Rules about street parking, speeding, decorations and more can be legally implemented.
