Homeowners association policies: Examples, tips, and overview

What are homeowners association policies?

HOA policies are the rules a community uses to manage day-to-day community living, typically governing resident conduct or the use/appearance of property. In Tennessee, these policies typically cover topics like architectural changes, landscaping, parking, pets, noise, safety, and maintenance. They support the goals of the community by setting consistent expectations for all owners.
 

Examples

Every community is unique, but Tennessee HOAs often adopt policies in a few key areas:

• Architectural and exterior changes: Guidelines for paint colors, fences, additions, decks, mailboxes, windows, roofs, and other visible features.
   
• Landscaping requirements: Lawn care standards, trimming rules, tree maintenance, mulch type, decorative elements, and plant restrictions.
   
• Parking rules: Limits on RVs, boats, trailers, commercial vehicles, overnight street parking, and guest parking.
   
• Pet rules: Number of pets allowed, leash requirements, waste cleanup, and noise expectations.
   
• Noise and nuisance standards: Quiet hours, music levels, construction hours, and steps for reporting disturbances.
   
• Trash and recycling: When bins can be set out, storage rules, bulk item disposal, and use of shared dumpsters.
   
• Common area use: Policies for pools, gyms, clubhouses, parks, playgrounds, grilling areas, and reservation systems.
   
• Home businesses: Limits on commercial activity that generates traffic, signage, noise, or safety issues.
   
• Holiday decorations: When they can go up, when they must come down, and rules for lighting.
   
• Short-term rentals: Whether they are allowed, limited, or prohibited, plus any required registration steps.
   
• Safety and maintenance: Exterior upkeep expectations, mold or pest control requirements, and guidance for storm damage cleanup.
   
• Amenity access and guest rules: How residents use shared facilities and how guests check in or register.

Do you have to follow homeowners association policies?

Yes, in Tennessee, owners are generally required to follow valid, properly adopted HOA policies. When you buy a home in an HOA, you agree to the recorded covenants and any rules the board is allowed to make under those documents.

As long as a policy was adopted through the process your governing documents require, is consistent with the declaration and bylaws, and does not conflict with state or federal law, owners are typically expected to follow it. If a rule is unclear or appears inconsistent with higher-level documents, it’s a good idea to ask the board for clarification.
 

What are unenforceable HOA policies?

An HOA policy in Tennessee may be unenforceable if it conflicts with federal, state, or local law, or if it was not adopted through the process required by the governing documents. Below are common situations where enforceability may be questioned:

• Policies that conflict with fair housing laws: Rules that discriminate based on race, color, religion, sex, disability, familial status, or national origin are prohibited under federal law. Even policies that unintentionally create barriers, such as failing to allow reasonable accommodations for residents with disabilities, may also create issues.
   
• Policies that contradict Tennessee statutes: When a rule conflicts with a statute, the statute usually controls.
   
• Rules adopted without proper authority: If the declaration says owners must vote on a specific type of restriction, but the board adopts it instead, the rule may be invalid.
   
• Policies that overreach what the documents allow: Boards can adopt rules that support the CC&Rs, but not rules that change property rights or create new restrictions beyond those granted in the declaration.

Owners should always check the declaration, bylaws, rules and regulations, and any board resolutions when determining whether a policy is enforceable.
 

Tips for board members

1. Set parking rules

   Parking regulations can be frustrating, especially if you've experienced towing or fines for non-compliance. However, these rules are vital for every building and neighborhood. They guarantee ample parking for residents and support easy access to and from homes by preventing obstructions like double-parked cars or large vehicles.
   
   Moreover, parking regulations must adhere to local laws, providing accessible parking and emergency vehicle access. To learn more about effective parking policies, check out this article.
    

2. Define collection policies

   Is your collection policy well-defined, thorough, and equitable? Lucy Acevedo, regional director at FirstService Residential, considers this the most crucial policy for associations. Prioritizing a collection policy supports the financial well-being of your association and adherence to legal requirements. A robust collection policy clearly outlines guidelines for dues, late fees, and delinquencies, encouraging prompt payments, minimizing owner disputes, and ultimately streamlining operations and future planning.
   
   When enacting your collection policy, collaborate closely with your association's legal counsel for proper legal notification procedures and consistent, fair enforcement of the policy.
    

3. Limit occupancy safely

   Establishing clear guidelines regarding the number of residents allowed in each residence is essential for all communities, regardless of type and size. Occupancy policies safeguard residents from fire hazards and safety concerns that can arise from overcrowding. It's crucial to consult with your association's legal counsel when formulating occupancy policies to support compliance with local regulations and the federal Fair Housing Act.
    

4. Regulate rentals

   Condominium and homeowner associations need well-defined rules for both short-term (e.g., Airbnb, VRBO) and long-term rentals. Thoughtful rental policies can help your community maintain a balanced atmosphere by avoiding a constant turnover of residents and vacationers. Examples of such policies include setting minimum stay requirements for short-term rentals or requiring owners to occupy their property for a specified period of time before leasing it long-term.
   
   It's crucial to remember that your association's rental policies must comply with state and local laws, which vary in their restrictions on rentals. Before implementing any new rental rules, consult your association's legal counsel. For further information and examples regarding short-term rentals, access our detailed white paper.
    

5. Maintain design standards

   Architectural, construction, and aesthetic guidelines are crucial for establishing a positive community image and preserving property values. These regulations dictate how residents should maintain their homes, supporting consistent upkeep of exteriors, fixtures, and fencing. This consistent maintenance is vital for fostering an attractive environment and sustaining high property values. By implementing and enforcing these policies, your community can support its long-term appeal and marketability.
   
   Additionally, associations should establish comprehensive guidelines for aesthetics, including exterior color palettes, roofing materials, driveway surfaces, window styles, and even flooring choices (with soundproofing considerations for condominiums).
   
   Sean Esteves, regional director at FirstService Residential, mentions another important policy that falls under this category.

   "Your association should also have clear rules and regulations specific to contractors. That means rules regarding licenses and insurance, work hours, access and registration of workers, parking, elevator use, delivery procedures, debris removal, protection of common elements, and smoking."

6. Clarify pet rules

   Creating a welcoming environment for pets can attract potential homeowners, but it could also present issues such as unleashed pets and excessive noise complaints. Establishing clear and reasonable policies is essential to maintaining a harmonious atmosphere for both pet owners and those without pets. Consider implementing waste disposal rules or requiring registration for all pets residing within the community. Remember that, even if your association doesn't formally permit pets, you must adhere to laws protecting and accommodating individuals with assistance animals.
   
   Always collaborate closely with your association's attorney to support compliance with relevant regulations. For more examples and best practices, read our full article on pet policies.
    

7. Manage holiday décor

   Seasonal decorations enhance the ambiance for residents and visitors alike yet can pose challenges without established guidelines. For instance, prohibiting decorations on shared condominium property and common areas prevents damage to exterior finishes. These policies also address potential conflicts arising from excessive noise or lighting after reasonable hours, or prolonged displays of holiday décor.
    

8. Tailor policies to your community’s unique needs

   Crafting policies that align with your community's unique character and long-term goals is essential for building a positive reputation and safeguarding residents. Begin with the seven core categories outlined above and consult with your legal counsel and property management team to identify any additional policy needs or gaps.
   
   Consider establishing communication policies for clear and consistent information dissemination, visitor and guest guidelines, facility usage rules for shared amenities, record inspection procedures, codes of conduct, and meeting protocols (addressing speaking time, participation, etc.).

Taking the next steps: Policy implementation and beyond

What comes after establishing a policy? Whether you're rolling out a new policy or strengthening an existing one, effective communication and proper enforcement are key. Consider adopting a policy detailing rule enforcement procedures to support equitable treatment for residents and owners.

Keep in mind that enforcement actions must adhere to applicable law, so it's crucial to consult with your association's legal counsel. For more policy best practices, contact FirstService Residential today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.