Are HOA rules enforceable? What you should know

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney regarding the legal implications of their decisions or actions.
 

What are HOA rules?

HOA rules are policies that are implemented within a homeowners association to preserve property values and to regulate the behavior of residents.

HOA rules vary depending on the community. The exact rules can be found within the association’s Covenants, Conditions, and Restrictions (CC&Rs) and apply to every member of the community. In a nutshell, HOA rules dictate what homeowners can and cannot do. Boards often work with DC property management companies like FirstService Residential to adopt and enforce these rules.
 

What makes HOA rules enforceable in DC?

In Washington DC, HOA rules may be enforceable when they fit within the association’s legal authority, follow the community’s governing documents, and do not conflict with DC HOA laws or federal law. For many communities, the authority to create and enforce rules comes from the governing documents, with the DC Nonprofit Corporation Act providing the corporate governance framework when the association is incorporated as a nonprofit.

Some DC statutes also place limits on HOA rules in specific areas, like solar energy collection devices. For many DC condominiums, that authority is also spelled out in the DC Condominium Act, which expressly gives associations the power to adopt rules and regulations.
 

Examples of potentially enforceable HOA rules

Commonly enforceable HOA rules include:

• Noise limits: Reasonable quiet hours and nuisance rules that protect residents’ use and enjoyment of their homes.
   
• Parking standards: Rules for assigned spaces, guest parking, permits, and towing procedures when consistent with District law and the governing documents.
   
• Trash and recycling: Clear requirements for trash storage, pickup timing, and keeping common areas clean.
   
• Common area use: Pool, gym, rooftop, and event room rules that set hours, reservation procedures, and guest limits.
   
• Architectural approvals: A fair approval process for exterior changes (windows, balconies, doors, visible fixtures) when the declaration gives the association architectural authority.

What are unenforceable HOA rules?

In Washington DC, HOA rules are unenforceable if they conflict with District law, are unreasonable, or violate residents’ rights. A rule can also become hard to enforce when it is applied inconsistently or without the due process required by the governing documents and applicable law.
 

Examples of potentially unenforceable rules

Examples often include rules that:

• Discriminate against protected classes: Rules that treat residents differently based on protected classes like race, religion, or national origin may be inconsistent with the Fair Housing Act and the DC Human Rights Act.
   
• Restrict lawful speech or expression: Examples may include blanket bans on the display of U.S. flags.
   
• Ban satellite dishes or antennas: Federal Communications Commission (FCC) rules protect the installation of certain antennas and satellite dishes. HOA restrictions in conflict with these protections may not be legally enforceable.
   
• Were not properly adopted: Rules that were introduced without proper homeowner notification, voting, or documentation required by the governing documents might be unenforceable.
   
• Lack clarity or specificity: HOA rules must be clear and specific to be enforceable. Vague or ambiguous rules might create confusion, leave too much room for interpretation, or be more difficult to enforce consistently.
   
• Attempt to override DC or federal law: For instance, restricting occupancy based on a protected trait under fair housing laws could create conflicts with broader legal protections.

Are homeowners required to follow HOA rules?

In DC, homeowners are generally required to follow valid HOA rules because ownership in the community comes with legally binding obligations in the recorded governing documents. In plain terms, if the rule is properly adopted and lawful, owners are generally expected to comply.
 

Tenants still have to follow rules

Even though tenants aren’t owners, community rules typically apply to anyone living in the unit. Enforcement usually runs through the owner, since the owner is the member with rights/obligations under the documents. Some associations require owners to provide tenant contact info and include rule compliance language in leases so enforcement doesn’t become a game of telephone.
 

Exceptions

Boards sometimes allow exceptions for good reasons, but they should be handled carefully. A written waiver policy helps distinguish a one-time exception from a permanent change. If exceptions are informal or inconsistent, owners may argue selective enforcement. If the community wants true “grandfathering,” it should be written clearly (who qualifies, how long it lasts, what ends it) to avoid confusion later.
 

How to fight unenforceable rules

To fight unenforceable HOA rules in Washington DC, homeowners should begin by reviewing the association’s governing documents. If a discrepancy exists, they may be able to bring their concerns to the board in writing or during an open HOA meeting. Homeowners should reference specific bylaws and provide documentation that supports their position. In many cases, HOA boards are open to adjusting rules that are outdated, unenforceable, or unclear. Most HOA boards are volunteer-led, and ever-evolving DC laws can sometimes lead to miscommunications or outdated rules despite best intentions.

If legal action proves necessary, or if the association has already instituted legal proceedings, it’s always a good idea to consult with an experienced attorney. An attorney familiar with DC HOA laws will be able to evaluate the merits of the association’s position and the homeowner’s available defenses. Counsel can also provide valuable advice on important issues like statutes of limitations, potential alternate claims and defenses, and the merits of seeking a negotiated compromise versus pursuing litigation.
 

Get in touch with the leading property management company in Washington DC

Community associations should not have unenforceable HOA rules, otherwise, they may find themselves in legal trouble. To confirm that the rules complement the law, board members should consult their association’s attorney and HOA management company.

For more than 30 years, FirstService Residential’s dedicated team of local professionals has worked hard to become DC Metro's premier residential property management company — the trusted partner of associations representing communities of every type and size.

Contact a member of our team today.