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Homeowners' rights you may not know about

Living in a development managed by a homeowner’s association (HOA) may have its benefits and drawbacks. Indeed, you may enjoy the benefit of living in an area with professionally manicured trees, shrubs and lawns which may add to your real estate values; but you may also have to live and abide by some arcane rules about uniformity in order to preserve the development’s character.

Also, if you run afoul of these rules, you may be subject to fines and other penalties. Because of this, some homeowners believe that HOAs go too far in enforcing rules and actually infringe upon their rights under California law. This post will highlight a few rights that homeowners should be aware of. 

Flying flags – Homeowners are allowed to fly flags in their personal interest areas, as long as they are not in designated common areas. Indeed, the HOA may place reasonable restrictions to promote public safety and health, but they may not unilaterally force you to remove a flag unless they have a compelling legal reason.

Use of drought resistant landscaping – Homeowners are also allowed to use synthetic turf and low water using plants as part of their landscaping.

Posters and signs –Similar to rules on flying flags, homeowners are allowed to post signs, banners and posters on their own separate interests as long as they do not offend local ordinances or state and federal laws.

Electric car charging stations – Homeowners are also entitled to install car charging stations on their properties at their own expense.

If you have further questions about your rights with respect to an HOA, an experienced attorney can advise you. 

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