Obvious examples would include adopting rules that provide disparate treatment to African Americans or same-sex couples, but much more subtle forms of discrimination have been found to violate homeowners’ rights as well. State and federal laws prohibit HOAs from discriminating on the basis of race, ethnicity, gender, family status and various other protected characteristics. Homeowners’ associations cannot adopt rules that are discriminatory in nature. Rules that Are Discriminatory in Nature.So, what types of rules can’t a homeowners’ association enforce? Here are 10 examples of HOA rules that may break the law: These 10 Types of HOA Rules are Generally Prohibited While HOA laws vary significantly at the state and local levels, there are some federal laws that apply, and there are general legal principles that apply in most jurisdictions as well. However, HOAs must also respect and observe property owners’ rights. Generally speaking, HOAs have broad authority to adopt and enforce rules that are intended to promote a desired look and feel, and that are designed to protect homeowners’ property values. When adopting and enforcing rules, HOAs need to be very careful to ensure that they are complying with the law-as failure to do so has the potential to lead to costly, time-consuming and publicized litigation. In fact, there are numerous rules that govern HOA practices at the local, state and federal levels. While homeowners’ associations (HOAs) adopt and enforce rules, they are also subject to rules themselves.
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